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01-22-02CITY COMMISSION AGENDA City Commission Meeting Meeting date: January 22, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: February 5, 2002 Phone: (305) 663 -6340 Time: 7 :30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not-for- profit organizations, local chamber and merchant groups,, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation (s)- ,(7:00 p.m.) South Miami Senior High School Tennis Team REGULAR CITY COMMISSION 1 AGENDA — January 22, 2002 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes = Regular Meeting December 18, 2001 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNTIED STATES DEPARTMENT OF JUSTICE, LOCAL LAW ENFORCEMENT BLOCK GRANT FY 2001/02, IN THE AMOUNT OF $33,341.00 FOR THE PURPOSE OF PROVIDING ADDITIONAL MOBIL DATA TERMINALS AND SUPPORTING EQUIPMENT FOR THE POLICE VEHICLES FOR THE POLICE DEPARTMENT; TO AUTHORIZE THE CITY MANAGER TO DESIGNATE $3,705.00 FROM THE FEDERAL FORFEITURE FUND OF THE POLICE DEPARTMENT, ACCOUNT #615- 1910 - 521 -6430, AS MATCHING FUNDS AS REQUIRED BY THE GRANT; AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY SUBSEQUENT DOCUMENTS RELATIVE TO OBTAINING THIS GRANT'. 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT FY 2001/02 OF $2,953.00; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AUTHORIZING THE CITY MANAGER TO DESIGNATE $985.00 FROM ACCOUNT NUMBER 01 -1915 -521- 1410 ENTITLED POLICE OVERTIME ACCOUNT AS THE MATCHING FUNDS REQUIRED BY THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO ELECTION APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $1,600.00 WILL BE CHARGED TO ACCOUNT NO. 01 -1200- 512 -4920 ENTITLED "ELECTION;° PROVIDING AN EFFECTIVE' DATE. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PURCHASE REGULAR CITY COMMISSION 2 AGENDA - January 22, 2002 OF 150 EAGLE CK ELECTRONIC METERS AND' 75 MODEL 70 SINGLE HOUSING MECHANISMS FROM DUNCAN INDUSTRIES; AUTHORING THE DISBURSEMENT FROM ACCOUNT NUMBER 001 - 0000- 344.5200, TITLED "PARKING METER FRANCHISE;" PROVIDING AN EFFECTIVE DATE. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE IN THE AMOUNT OF $6,547.91; CHARGING THE AMOUNT TO ACCOUNT NO. 1500- 514 -3450, CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND AN AGREEMENT WITH NATIONAL LANDSCAPING FOR LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES ALONG TH US 1 MEDIAN, SUNSET DRIVE MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED $35,000.00 FOR THE CURRENT FISCAL YEAR, AND CHARGING THIS AMOUNT TO ACCOUNT NUMBER 001- 2050 - 519.3450, "CONTRACTUAL SERVICES." 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,_ FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $6,030.00 TO PITTS ENGINE & TRANSMISSION AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 1760 - 519 -4680 "OUTSIDE SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION (S)/PUBLIC HEARING (S) There are none RESOLUTION (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF ,SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; EXTENDING THE CONTRACT BETWEEN THE CITY OF SOUTH MIAMI AND THE CITY MANAGER;. PROVIDING FOR TERMS AND CONDITIONS AND AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE REGULAR CITY COMMISSION 3 AGENDA - January 22, 2002 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH NUMBER ONE RANKED FIRM OF ARQUITECTONICA INT. CORP., FAILING THAT WITH THE SECOND RANKED FIRM OF THE CORRADINO GROUP, INC., FAILING THAT TO THE THIRD RANKED FIRM OF ZYSCOVICH, INC FOR THE DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE 73" STREET RETAIL AND GARAGE PROJECT PROVIDING AN EFFECTIVE DATE. 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CELL TOWER; REQUESTING YMCA TO NOT ENTER INTO LEASE AGREEMENT WITH AT &T WIRELESS SERVICE; PROVIDING AN EFFECTIVE DATE. 3/5 (Vice Mayor Feliu /Comm. Wiscombe) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MELROSE NURSERY INC., TO PROVIDE LANDSCAPING MATERIALS FOR SW 64TH STREET AND 62 AVENUE IN THE AMOUNT OF $6,350.00; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001-2050 - 519- 4`625, "LANDSCAPE - MAINTENANCE.- 3/5 ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FARTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 4 AGENDA - January 22, 2002 Excellence, Integrity, Inclusion MEMORANDUM To: Mayor and City Commission Date: January 17, 2002 From: Charles Scurr I fa Re: Agenda Item Z4 # City Manage Comm.Mtg. January 22, 2002 Authorization to Accept the Local Law Enforcement Block Grant REQUEST A resolution of the Mayor and City Commission of the City of South Miami, Florida relating to acceptance of the Local Law Enforcement Block Grant FY 2001/02 from the United States Department of Justice. BACKGROUND AND ANALYSIS The United States Department of Justice has allocated $33,341.00 to the City of South Miami Police Department based upon crime statistics for the previous years. The Police Department desires to continue to purchase additional Mobil Data Terminals, supporting equipment and continue to upgrade the existing computer system. The required matching funds of $3,705.00 would come out of the Police Federal Forfeiture Fund, account #615 -1910- 521 -6430 and would not adversely affect the operation of the Police Department. Current Balance: $12,060.00 Request: $3,705.00 New Balance: $8,355.00 RECOMMENDATION Approval is recommended. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM THE UNTIED STATES DEPARTMENT OF JUSTICE, LOCAL LAW ENFORCEMENT BLOCK GRANT FY 2001/02, IN THE AMOUNT OF $33,341.00 FOR THE PURPOSE OF PROVIDING ADDITIONAL MOBIL DATA TERMINALS AND SUPPORTING EQUIPMENT FOR THE POLICE VEHICLES FOR THE POLICE DEPARTMENT; TO AUTHORIZE THE CITY MANAGER TO DESIGNATE $3,705.00 FROM THE FEDERAL FORFEITURE FUND OF THE POLICE DEPARTMENT, ACCOUNT #615 - 1910 -521 -6430, AS MATCHING FUNDS AS REQUIRED BY THE GRANT; AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE ANY SUBSEQUENT DOCUMENTS RELATIVE TO OBTAINING THIS GRANT. WHEREAS, the United States Department of Justice has allocated $33,341.00 to the City of South Miami Police Department based upon crime statistics for the previous year; and WHEREAS, the police department desires to use the funds to continue to provide additional Mobil Data Terminals and supporting equipment for police vehicles; and WHEREAS, the matching funds requirement of the grant $3,705.00 would not adversely affect the operations of the police department; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to apply for and accept, if awarded, money from the United States Department of Justice in an amount of $33,341.00. Section 2. The City Manager is authorized to designate $3,705.00 from the Federal Forfeiture Fund of the Police Department, account #615- 1910 -521 -6430, as matching funds as required by the grant. Section 3. The City Manager is authorized to execute any subsequent documents relative to obtaining this grant. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 PASSED AND ADOPTED this day of ATTEST: APPROVED: CITY CLERK CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: 2002. Excellence, Integrity, Inclusion MEMORANDUM To: Mayor and City Commission Date: January 17, 2002 Agenda Item # From: Charles Scurr Re: A g City Manager' Comm.Mtg. January 22, 2002 Authorization to accept the Federal Drug Control and System Improvement Grant REQUEST A resolution of the Mayor and City Commission of the City of South Miami, Florida relating to acceptance of the Federal Drug Control and System Improvement Grant from Miami Dade County FY 2001/02 of $2,953.00; authorizing the City Manager to execute applicable contracts and documents and to designate $985.00 from the police overtime account, #01- 1910 -521 -1410, as matching funds and provide for an effective date. BACKGROUND AND ANALYSIS The United States Department of Justice through the Federal Drug Control and System Improvement Grant, has allocated through Miami -Dade County for the City of South Miami Police Department $2,953.00 for continued revitalization of the Crime Prevention Program. The Police Department desires to use the funds to continue public awareness and increase participation in its neighborhood Crime Prevention Programs of H.E.A.T., B.E.A.T., S.C.A.N. and Crime Watch Programs. The required matching funds of $985.00 come out of the Police Overtime account #01- 1910 -521- 1410 and would not adversely affect the operation of the Police Department. Current Balance: $135,082.00 Request: $985.00 New Balance: $134,097.00 RECOMMENDATION Approval is recommended. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT FY 2001/02 OF $2,953.00; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AUTHORIZING THE CITY MANAGER TO DESIGNATE $985.00 FROM ACCOUNT NUMBER 01- 1915- 521 -1410 ENTITLED POLICE OVERTIME ACCOUNT AS THE MATCHING FUNDS REQUIRED BY THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Justice through the Federal Drug Control and System Improvement Program Grant, has allocated through Miami -Dade County for the City of South Miami $2,953.00 for the continued revitalization of the Crime Prevention Program; and WHEREAS, the Police Department desires to use the funds to continue to increase public awareness and the need of neighborhood crime prevention by using B.E.A.T., H.E.A.T, S.C.A.N. and Crime Watch Programs; and WHEREAS, the matching funds requirement of the grant $985.00 would not adversely affect the operations of the police department; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to accept money from the Federal Drug Control and System Improvement Program Grant through Miami -Dade County in an amount of $2,953.00. Section 2. The City Manager is authorized to designate $985.00 from the police overtime accounts of the Police Department, account #01- 1910 -521 -1410, as matching funds as required by the grant. ATTEST: CITY CLERK PASSED AND ADOPTED this day of , 2002. APPROVED: 49 50 51 52 53 54 55 56 57 58 59 READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr f04,Y) City Manager//. ,o REQUEST Date: January 22, 2002 Re: Agenda Item 6 Appointing Pollworkers for February 12, 2002 General Election A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $1,600.00 WILL BE CHARGED TO ACCOUNT NO. 01- 1200 - 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution appoints poll workers for the City of South Miami's General Election to be held on Tuesday, February 12, 2002. Disbursement in an amount not to exceed $1,600.00 will be charged to Account No. 01- 1200 -512 -4920. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $1,600.00 WILL BE CHARGED TO ACCOUNT NO. 01- 1200- 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. WHEREAS, a General Election for the City of South Miami to elect a Mayor for a two year term; Commissioner from Groups I and IV for four year terms has been called for Tuesday, February 12, 2002, in the City Commission Chambers, 6130 Sunset Drive; and WHEREAS, to conduct this election the Commission must appoint sufficient personnel to staff the polling place from 6 :00 a.m., until the completion of their task; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI', FLORIDA: Section 1. The following individuals have been identified to work this General Election: Moises Amado Yaber, Clerk; Gloria Madelin Yaber, Deputy Clerk; Harold Berman, Angelica Martinez Garcia, Juan R. Gonzalez, Celestina Hernandez, Ronda Aletha Holmes, Dorothy Evan Mickens, Elaine Mills, Maria Luis Rodriguez, Laureano Torres, Beatriz Trueba, Jude Bagatti, Angela Agular, Mary M. Covoletski, Angeline M. Rodriguez, and Jean M. Turner; and Sylvia Hados and Thomas Mackiewicz as stand by. Section 2. Disbursement in an amount not to exceed $1,600.00 will be charged to account No. 01 -1200 -512 -4920 entitled "Election." Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: , 2002. 01/03/02 12:23 V305 375 1036 MIAMI -DADE ELEC2 01001 HERE IS THE PLAN Date Company: Pax No.: 3.os - ;C-3 -� & 3 Vala—noo of is From., Izabal Company: Miami -Dade Elections Dept. Pollwworb:or Section Phone'Noa 305.3754583 Fax No.: 305. 376.1036 "*.of pages. Including cover' plessage: iff /aa.6o Poi, e 01/03/02 12:23 $305 375 1036 MIAMI -DADE ELEC2 01 -03 -2002 a's ss.gn.ed Pollworkers Screcn Print Precinct : 606 Election SOUTH MIAMI ;2/12/200?. (020212) U002 Page 1 1.0:08:37 Cert * Name Fos HP Party Class Cd Rt Dt Attn •00- 823823 YABER, MOISES AMADO C 762 R No -00-- 210205 Y,.�BER, GLORTA MADELIN A 762 R No 00­266592 8 t I 622 D No 00- 691304 GARCIA, ANGELICA MART I 331 R No -00-957949 G1AI;E JAItTr':;R' I 5631 No I 710 D No 01- 367574 H_uIMWT I 621 D No 00- 486577 MsT �I� =; EIA I 621 T No 00- 325842 ,_. 1 606 D No -01-899172 RODRIGUEZ, MARIA LUIS I 706 L:) No 02- 031703 TORRES, LAUREANO 1 759 R No -00- 452335 TRUEBA, BEATFIZ I 563 R No 00- 22.8115 D 624 D No 02- 072860 A:GU'T' "ANGE'I.- S 418 R No 00- 229935 ;`''nY S 6176 D No 00- 190427 S 607 L' No 00- 608393 °E S 622 No 01- 5144.71 RQ13R17EZGEL =IN;EM v 621 D NO 00- 029060 TURNER, JEAN N S 249 D No V v d 0] W FI N GCW] w N to I ,q m 7� I m N CJ 1 -I eta i I N H �p m m H ObJ W w x] w n Ln /03/02 o w'� � H O � 27 J C ~ m I G m O 1 In m �n Y' N O � xA 3N m3 rV H iy [' C w w a w 12:23 O ILI HINn Ha ["m fl Ln In to J tU r O7 rJ 0 q1 ] I N n L W r O w E3 N [n 1 to m O H O m �w CH I- w r7G x o w� w w w N W Jr. r•. w w '0305 375 1036 MIAMI -DADE ELEC2 'WA :? 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All! to a. to UI W W OD w t0 C t�tt,'li�il w t0 la Ch CO w to Ln W W w w w w l,a w �. II IIII O U V C.7U G0 0O GO� O �,• b Ln Ul Ul Ul Ln In In Ul " 1. '1 �' %i� A i li'lI' li• .w.l Wm W M ta0 WW -. 1 , L Ln Ln of Ln tool 01 to to ti• 1 n .-yr rT �+ ul a IN •a -a O w wl q,, Ln kWW ilii N o In n Ian n i n 1 -3 In jQpQ�4,jjts4, I o Ln rn Ln Ln -j a Ln m ;iP"� 'jiYi f'3; ti• C�bi 111ia !u �;A ;[li ;Iv n1 I I' I i I as q -a RI�t P I.II t� 'IV y� I rylil I ` 'li I' I Pkk it I �ai��f�• li 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT WILL BE CHARGED TO ACCOUNT NO. 01- 1200 - 512 -4920 ENTITLED "ELECTION"; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Genera -1 Election for the City of South Miami to elect a Mayor for a two year term; Commissioner from Groups I and IV for four year terms has been called for Tuesday, February 12, 2002, in the City Commission Chambers, 6130 Sunset Drive; and WHEREAS, to conduct this election the Commission must appoint sufficient personnel to staff the polling place from 6:00 a.m., until the completion of their task; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The following individuals have been identified to work this General Election: Moises Amado Yaber, Clerk; Gloria Madelin Yaber, Deputy Clerk; Harold Berman, Angelica Martinez Garcia, Juan R. Gonzalez, - Celestina Hernandez, Ronda Aletha Holmes, Dorothy Evan Mickens, Elaine Mills, Maria Luis Rodriguez, Laureano Torres, Beatriz Trueba, Jude Bagatti, Angela Agular, Mary M. Covoletski, Angeline M. Rodriguez, and Jean M. Turner; and Sylvia Hados and Thomas. Mackiewicz as stand by. Section 2. This immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY resolution shall take effect day of , 2002. APPROVED: iui370'7 COMMISSION VOTE: Mayor Robaina Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: .rs�oer� L To: Honorable Mayor, Vice Mayor and City Commission 4 From: Charles Scurr City Manager REQUEST MEMORANDUM Date: January 22, 2002 n I Re. Agenda to m 1 Purchase of Meter Parking Mechanisms A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PURCHASE OF 150 EAGLE CK ELECTRONIC METERS AND 75 MODEL 70 SINGLE HOUSING MECHANISMS FROM DUNCAN INDUSTRIES; AUTHORING THE DISBURSEMENT FROM ACCOUNT NUMBER 001 -0000- 344.5200, TITLED "PARKING METER FRANCHISE; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution authorizes administration to purchase 150 Eagle CK Electronic Meters and 75 Model 70 Single Housing mechanisms from Duncan Industries. The purchase would facilitate the installation of approximately 60 plus new parking meters in the areas of: Larkins Hospital, 41" Street, Sunset Drive and the replacement of approximately 50 old manual meters. Three quotes were received as follows: Duncan Industries in the amount of $37,923, Double Helix Enterprises in the amount of $38,750.00, and Triton Security Products in the amount of $38,523.75. Disbursement is authorized from Account No. 001- 0000 - 344.5200 titled "Parking Meter Franchise. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO THE PURCHASE OF 150 5 EAGLE CK ELECTRONIC METERS AND 75 MODEL 70 SINGLE HOUSING 6 MECHANISMS FROM DUNCAN INDUSTRIES; AUTHORING THE 7 DISBURSEMENT FROM ACCOUNT NUMBER 001 - 0000 - 344.5200, TITLED 8 "PARKING METER FRANCHISE; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, in August of 1998, the City of South Miami ordered 600 Duncan Eagle 11 Electronic Mechanisms for the City's parking, meters; and 12 13 WHEREAS, during the past three (3) years the City has experienced numerous auto 14 accidents, vandalism, and the expansion of the City's parking meter installation; and 15 16 WHEREAS, the City has come to a point where it has become necessary to consider 17 ordering additional parking meter mechanisms as well as complete parking meters; and 18 19 WHEREAS, with the anticipated installation of approximately 60 plus new parking 20 meters in the Larkins Hospital area; 41't Street area, Sunset Drive area and the replacement of 21 approximately 50 old manual meters, which at the moment have $.40 cents per hours 22 mechanisms, the City administration received price quotes from three vendors: Duncan 23 Industries in the amount of $37,923.00; Double Helix Enterprises in the amount of $38,750.00; 24 and Triton Security Products in the amount of $38,523.75. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 28 29 Section 1. The City administration is hereby authorized to purchase 150 Eagle CK 30 Electronic Parking Meters and 75 Model 70 Single Housing Mechanisms from Duncan 31 Industries for a total cost of $37,923.00. 32 33 Section 2. The disbursement for the purchase to be charged to account number 001- 34 0000 - 344.5200 titled "Parking Meter Franchise." 35 36 37 38 39 40 41 42 43 44 Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of y 2001. ATTEST: CITY CLERK 45 READ AND APPROVED AS TO FORM: 46 47 48 CITY ATTORNEY 49 APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by eve€Arikiftg. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Charles D. Scurr bate: Januaiy 10, 2002 City Manager From: Donald M. Stroyne , tie; Duncan Eagle Electronic Mechanism Parking Director For City Parking Deters With the anticipated installation of approximately 60 plus new parking meter locations; larking Hospital area, 41St Street area, Sunset Drive area and the replacement of approximately 50 old manual meters which at the moment have a $ .40 cents per hour mechanism. The following is my recommendation. complete Parking Total expenditure $24,802.25 75 Duncan Eagle mechanism at a cost of S 174.95 each Total expenditure $13,121.25 Grand total $37,923.50 Account Numher 001-0000-344.5200 Cc: Hakeem Oshikoya, Finance Director 'i p3 r1 °94 17: 29 _ 23172750 IUNC"'N I ,IDUST?IES F GE L1 Duncan Industries ' 1333 Wyth vw Dr. Lcwisviile, Tx 75477 92.317 -1698 To: City of South Miami (Kathy) Fax: 305-667-7806 From Troy E, Swif? Drfe: 01 /17142 Pa? Response to Request for Pricing PaQaa: 2 CC: 0 U"f Q For Pam w C] Plreaa Camw t © P%ave 0 pmew p4cylcle e • I a, � � _ WFYnu need Any additianal information please give me a call. This is ,9 recLest that Ron t'so me. III �A I �.i 'I ,�i iXtll _�I p��IQli Dili= E' ^i D3 `1 '94 '.7: 29 972 7'?_50 DUHCt N II,IDUSTPIES FAGE 02 City of South Miami Request for Pricing Quantity Description of harm Price Extended Price 150 Eagle CK Elaatronio Parking Muter $ 174.95 $ 26,242.50 76 Model 70 Single Housing $ 155.74 $ 11,680.50 1 Shiming Cost $ - $ - TOUT Coat $ 37,923.00 Company tame Dunc:en Industries COEmpany Address 1333 8aythome Dr. L"sv #Ile, TX 75077 Contact Troy Swift Phone # 800,67 -151 Fax form back to: Kathy Vasquez (Purchasing Manager) City Of South Miami 6130 Sunset dr. South Miami, Fl. 33143 Fax 305 -667 -7806 Quantity 150 75 1 Company Name Company Address Contact Phone # City of South Miami Request for Pricing Description of item Price` Extended Price Eagle CK Electronic Parting Meter $ - $ - MQdel 70 Single Housing $ - $ Shipping Cost $ - $ _ Total Cost Fax form back to. Kathy Vasquez (Purc:nasing iV!anager) City of South Miami 6130 Sunset Or South Miami, FL 33143 Fax: 305 -667 -7805 Before; 1/1742 3 OOpm ET DOUBLE HELIX ENTERPRISES, P. 0. BOx 70657 • Richmond, Virginia 23255 IiSA i� Thursday, January 17, 2002 Kathy Vasquez City of South Miami, PL Purchasing Dept_ 6130 Sunset Drive South Miami, FL 33143 Fax 305 - 667 -7605 Re; Duncan Parking Meters Dear Kathy: Thanl( y>% For pre�"enting this opportunity to us, A ;, fit.. ;e E , p; >, ase consider the following quote: Quantity Description. CPer Unit 150 pcs Eagie CK electronic mechanism $175.00 75 VIP 70 Single Meter Housing 160.00 Shipping; Estirnatted, Prepaid, Added to Inv. Total Philip B. Davis Managing D rector Toll Free (8001955-6424 Tel (804) 527.5217 -• Fax (804) 527 -5218 Ex'ended $26,250.00 12,000.00 504.00 $38,750.00 All meter products shall be fully warranted for one year. Product is 100 percent new Duncan made original Housings and mechanisms shall be produced to your desired rates, limits and look codes. I hope this information is helpful. Should you have any questions or require further assistanee, please contact me at your convenience, Sincerely I am, ZPhilipOEMvis Managing Director zro•d da -.�Ea 4��•�.i,��� P.O. Box 2114 Greenport, NY 11944 1-631-765-4600 1-631-765-6909 Fax 0 To: Karen Vasquez Fax: 1-305-667-7806 Re: Request for Pricing Triton Security Products From. Bob Bartley Pafje&- 2 Date: 01/17/02 CC: 0 Urgent LJ For Review U Please Comment ❑ Please Reply 0 Please Recycle We respectfully withdraw our previous price quote due to the fact that we quoted you the wrong pricing. We quoted the price for a Standard oqle electronic mechanism. You reouest refers to an Eagle CK which comes with Cash Key receptacle. Please accept the attached price quote. Best Regard$, Bob 908Lj9 Asa 27:0j :kjoa-j d=IG:G0 F002-iT-Nur City of South Miami Request for Pricing Quantity Description of item Free Extended Price 150 Eagle CK Electronic Parking Meter $ -174.95 $ 26,242.50 75 Model 70 Single Housing $ 155.75 $ 11,681.25 1 chipping Cost $ 600.00 $ 60000 Company Name Triton Security Products Company Address P.O. Box 2114, Greenpcit NY 11944 Contact Bob Bartley phone # 631 ®7654600 518 -810 -7035 Cell Fax fortes back to: Kathy Vasquez (Purchasing Manager) City of South Miami 6130 Sunset [fir. South Miami, FL 33143 Fax., 305- 667.7806 Before; 111702 3 :00prn ET $ 38,523.75 RESOLUTIONNO. 240 -98 -10508 A RESOLUTION OF THE MAYOR AND CITY CITY COMMISSION OF THE 600 EAGLE : OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION O "CK" PARKING METER MECHANISMS FROM DUNCAN INDUSTRIES AUTHORIZING THE DISBURSEMENT FOR ACQUISITION TO BE TEMPORARILY CHARGED TO ACCOUNT NUMBER 001- 0000 - 155.0000, TITLED PREPAID EXPENSES FOR 1998 FISCAL YEAR BUDGET AND APPROVING THE PAYMENT TO BE TRANSFERRED TO ACCOUNT NUMBER 300- 2100 - 519.6435. TI TLED "CAPITAL PROJECT FUND P ARKING METER ACQUISITION" IN THE 1998/99 FISCAL YEAR BUDGET. WHEREAS, in the 1998/99 fiscal year budget, the City Manage has City to acquire new, parking meter mechanisms to accommodate the change g proposed for the rates, scheduled to go into effect next fiscal year, and in parking meter WHEREAS, in order to expedite the acquisition process and to en equipment. before the effective. date for the rates change, he Ci sure delivery. of the. Place the order at this moment, and ty Manager deems it necessary to WHEREAS, th e City Administration has received a price quote mechanism, same as contract rice 9 of $155.43 for Price extended to City of Tampa from Duncan Industries parking System (see attached letter), and. NOW, THEREFORE, BE IT RESOLVED BY COMMISSION OF THE CITY OF SOUTH MIAMI: THE MAYOR AND CITY Section 1 That the City Administration is hereby authorized to ur meter 'mechanisms from 'Duncan Industries Parking Control Systems P chase 600 parking $93,258.00. Y for a total price of Section 2. That the disbursement be temporarily charged o account 155.0000, titled "Prepaid Expenses ", pending final approval of the 19 number 00 budget, 0- which time it will be transferred to account number 300- 2100 - 519.6435 titled 98/99. fiscal year budget, at Fund - Parking Meter Acquisition ". ed "Capital Project Se- ---ct'°n 3• That this resolution shall take effect immediately upon approval PASSED AND ADOPTED this'd day of q „a 1998. ATTEST: APPROVED: C CLERK MAYOR READ AND APPROVED AS TO FORM: COMMT SS ION V OTt: �_ 5 -0 Mayon Robaina: yea c VM Ot venoa . . CITY ATTORNEY y Comm. Ruazett: yea C yea amm. Bethel Comm.. >=etiu: yea Yea CITY OF SOUTH MIAMI' INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: August 18, 1998 «ram FROM: `Charles Charles D. Scurr SUBJECT: Agenda Item # _ City Manager Commission Meeting, August 18, 1998 PURCHASE OF PARKING METER MECHANISMS TO ACCOMMODATE NEW PARKING RATES The attached resolution seeks approval of a $93,258.00 expenditure for the purchase of 600 electronic parking meter mechanisms. The internal mechanisms will be installed in the meter housings throughout the downtown district. Most of the existing parking meters have the "mechanical" type (as opposed to electronic). . A number of advantages are derived from modernizing our parking meter stock with electronic mechanisms. These include: • Increased revenue due to less "downtime from vandalism (the electronics are less vulnerable to vandalism), routine breakdowns, and coin fraud. • A significant decrease in maintenance requirements. This is due primarily to the electronic mechanism themselves, also due to the age of the mechanical mechanisms (about 13 years old). • Ease of programmability. The modern mechanisms can be easily programmed to change the parking fee and meter time limit. Electronic meters also allow programming of fees and time limit on a time segment basis (the time limit may be increased during off -peak hours, for instance). Given the planned increase in parking meter - rates, the purchase of these parking meter mechanisms is timely. The cost to reprogram the existing mechanical meters is approximately \continued... r CITY OF SOUTH MIAMI QINTER- OFFICE MEMORANDUM To: Mayor and City Comm'n. Date: January 18, 2002 Charles Scurf, City Mgr. Hakeem Oshikoya, Fin. Dir. From: Earl G. Gallop, City Attorney Re: Resolution approving payment of fees and costs to Lott & Levine relating to purchase of Hammock House ?I Subject: Approval of payment of $6,547.91 to Lott & Levine, for services rendered in connection with the purchase of the Hammock House property. Discussion: On January 16 2001, the Mayor and City Commission of the City of South Miami approved Resolution No. 14 -01 -11162 approving an option contract to purchase real estate located at 7800 SW 59 Avenue, commonly referred to as the Hammock House. The contract was extended to December 31, 2002, upon payment by the City of the 1999 ad valorem taxes. Under the contract, the City undertook to initiate the probate of the estates of Mr. and Mrs. Van Smith to effect the transfer of title to one parcel of property and to obtain the appointment of a successor trustee to obtain a transfer of the second parcel Proceedings have been commenced. Counsel advises that the titles will be transferred within 30 to 60 days. The fee's and costs are reasonable and necessary. Recommendation: Approve the resolution authorizing payment of the invoice. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; 5 APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE IN THE 6 AMOUNT OF $6,547.91; CHARGING THE AMOUNT TO ACCOUNT NO. 7 1500 -514 -3450, CONTRACTUAL SERVICES PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, on January 16, 2001 the Mayor and City Commission of the City of South 11 Miami approved Resolution No. 14 -01 -11162 approving an option contract to purchase real 12 estate located at 7800 SW 59 Avenue, commonly referred to as the Hammock House; and, 13 14 WHEREAS, the contract - requires the City to commence probate and trust proceedings to 15 the point of obtaining the transfers of title to two parcels of land by the personal representatives 16 of Mr. and Mrs. Van Smith, as to one parcel, and by a successor trustee for the other parcel; and, 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 WHEREAS, the City engaged the services of Mr. George Lott, of Lott & Levine, to provide real estate, probate and trust services; and, WHEREAS, Lott & Levine submitted an invoice, dated January 15, 2002, in the amount of $6,547.91, for services rendered and the city attorney reviewed and approved the invoice. The original invoice is attached to this resolution. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The invoice for attorneys' fees and costs received from Lott & Levine in the total amount of $6,547.91 is approved for payment and the amount is charged to account no. 1500 - 514 -3450. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 22nd day of January, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by everstriking. Jan -18 -02 02:08pm From -NAGIN GALLOP FIGUEREDO PA 3058545351 T -092 P.001 /005 F -237 ANEW CITY OF SOUTH MIAMI myPlease reply to: 3225 Aviation Avenue, suite 301 Miami, Florida 33133 (305) 854 -5353 (305) 854 -5351 (fax) The information contained in this facsimile message is confidential and is intended only for the use of the person to whom it is directed. If you have received this facsimile in error Please immediately notify (305) 854-5353. TO Ronetta Taylor, City Clerk COMPANY City of South Miami FACSIMILE NO. (305) 663 -6348 TELEPHONE NUMBER (305) 663 -6340 FROM Eve A. Boutsis DATE January 18, 2002 NUMBER OF PAGES (including this cover sheet) 5 FILE NO. 0022 -001 RE: Lott & Levine Invoice Hard copy (I) sent () not sent Comments: Here is the invoice for attachment to the a -mailed resolution regarding payment of the Lott & Levine fees and costs. The original will be submitted directly to Hakeem Oshikoya with a requisition for payment, along with copies of the proposed resolution and Earl's memorandum of recommendation. Jan -18 -02 02:08pm From -NAGIN GALLOP FiGUEREDO PA $058545351 T -092 P.002/005 F -237 LOTT & LEVINE TWO DATRAN CENTER, SUITE 1701 9130 SOUTH DADELAND BOULEVARD MIAMI, FLORIDA 33156 CITY OF SOUTH MIAMI EARL GALLOP, CITY ATTORNEY 3225 AVIATION AVENUE SUITE 301 MIAMI, FLORIDA 33133 For Professional Services Concerning: Matter Number: CITY4.00020 January 15, 2002 Reference No. 6575 Title: PURCHASE OF VANSMITH PROPERTY 7800 S.W. 59 AVENUE Hours 10/10/01 REVIEWED CONTRACT, TITLE COMMITMENT, CORRESPONDENCE AND RELATED DOCUMENTS FROM PEARSON, VAN SMITH'S SURVIVING SPOUSE, AND ATTORNEY WHO DRAFTED TRUST AGREEMENT, DEEDS AND LAST WILL & TESTAMENT; PREPARED D ITIAL DRAFTS OF PETITIONS, CONSENT FORMS AND RELATED DOCUMENTS TO PROBATE ESTATES OF HOWARD AND ANNE VAN SMITH, AND FOR APPOINTMENT OF SUCCESSOR CO- TRUSTEES FOR VAN SMITH TRUST; FAXED COPIES TO PEARSON FOR REVIEW. 6.00 10/12/01 MEETING WITH PROBATE CLERK AT BROWARD COUNTY COURTHOUSE TO DETERMINFJOBTAIN DOCKET SEARCH MEMO OF ANY ESTATE FILED FOR HOWARD VANSMITH. 2.50 10/15/01 TELEPHONE CONFERENCE WITH PEARSON; RECEIVED AND REVIEWED FAXES FROM PEARSON - REVISIONS TO PETITIONS, ETC. FOR ANNE VANSMTrH AND VANSMITH TRUST_ 0.50 10/17/01 RECEIVED AND REVIEWED FAX FROM PEARSON - REVISIONS TO HOWARD VAN SNIlTH PETITION AND RELATED DOCUMENTS. 0.50 Jan -18 -02 02:08pm From -NAGIN GALLOP FIGUEREDO PA 3058545351 T -092 P.003/005 F -237 ReremnceNurrmer f0 10/19/01 REVISED AND COMPLETED PETITIONS FOR ESTATES OF HOWARD VANSMITH AND ANNE VANSMITH AND VANSMITH TRUST; PREPARED QUIT CLAIM DEED, AFFIDAVIT, WAIVER OF PRIORITY AND CONSENT TO APPOINTMENT, AND DISCLAIMER OF INTEREST FOR SIGNATURE BY HOWARD'S SURVIVING SPOUSE; MEETING TO DELIVER PAPERS TO PEARSON FOR SIGNATURE; LETTER TO GALLOP - STATUS REPORT. 3.00 10/23/01 REVIEWED CONTRACT AND FOLLOW UP TELEPHONE CONFERENCE WITH PEARSON,- RECEIVED AND REVIEWED FOLLOW UP FAX OF PROPOSED ADDENDUM TO CONTRACT; FAXED COPY OF PROPOSED ADDENDUM TO GALLOP. 1.00 10/24/01 TELEPHONE CONFERENCE WITH GALLOP AND PEARSON; RECEIVED AND REVIEWED REVISED ADDENDUM. 0.50 10/25/01 FAXED COPY OF REVISED ADDENDUM TO GALLOP AND FOLLOW UP TELEPHONE CONFERENCE; RECEIVED AND REVIEWED FAX FROM GALLOP - NAME AND TELEPHONE NUMBER OF APPRAISER, BILL EISNOR, INC.; TELEPHONE CONFERENCE WITH PEARSON. 0.50 11/27/01 TELEPHONE CONFERENCE WITH GALLOP'S OFFICE; REFAXED COPY OF ADDENDUM FOR SIGNATURE BY CITY. 0.30 11/29/01 RECEIVED AND REVIEWED ADDENDUM TO CONTRACT SIGNED BY CITY. 0.20 11/30/01 OBTAINED CHECKS FROM CITY; OBTAINED UP -DATED TAX BILL; PAID 1999 TAXES AT OFFICE OF TAX COLLECTOR; DROPPED OFF COPY OF PAID RECEIPT TO CITY'S FINANCE DEPARTMENT. 3.00 12/04/01 MEETING WITH PEARSON TO OBTAIN PETITIONS, CONSENTS, DEED AND AFFIDAVITS TO OPEN ESTATES AND HAVE SUCCESSOR CO- TRUSTEES APPOINTED. 0.50 12/04/01 PREPARED, ORGANIZED AND COPIED PETITIONS AND RELATED PAPERS FOR FILING WITH PROBATE CLERK 1.00 Jan -18-02 02:08pm From -NAGIN GALLOP FIGUEREDO PA 3058545351 12/05/01 MEETING WITH: CLERK TO FILE PETITIONS, LAST WILL & TESTAMENT AND RELATED PAPERS TO OPEN ESTATE OF ANNE VAN SMITH AND FOR APPOINTMENT OF SUCCESSOR CO- TRUSTEES FOR VAN SMITH TRUST. 12/06/01 ATTENDED EX PARTE TO OBTAIN ENTRY OF ORDER APPOINTING SUCCESSOR CO- TRUSTEES; OBTAINED CERTIFIED COPIES OF ORDER; FAXED LETTER AND COPY OF ORDER TO PEARSON; LETTER TO GALLOP - STATUS REPORT. 12/07/01 RESEARCHED TELEPHONE NUMBER/ADDRESS OF GEISSINGER - WITNESS TO WILL; CALLS TO GEISSINGER - LEFT MESSAGES. 12112/01 TELEPHONE CONFERENCE WITH GEISSINGER; PREPARED OATH OF WITNESS TO WILL; FAXED OATH AND INSTRUCTIONS TO GEISSINGER. 12/14/01 TELEPHONE CONFERENCE WITH GEISSINGER - WILL MEET WITH CLERK ON MONDAY TO SIGN OATH. 12/19/01 TELEPHONE CONFERENCE WITH GEISSINGER - SIGNED OATH OF WITNESS ON 12/17/01. 12/20/01 ATTENDED EX PARTS TO OBTAIN ENTRY OF ORDER APPOINTING CO- PERSONAL REPRESENTATIVES AND LETTERS OF ADMINISTRATION FOR ESTATE OF ANNE VANSMITH; OBTAINED CERTIFIED COPIES OF LETTERS; FAXED LETTER TO PEARSON AND GALLOP STATUS REPORT. 01/03/02 REVISED HOWARD VANSMITH PETITION PER INSTRUCTIONS OF JUDGE AND FILED PETITION AND RELATED DOCUMENTS TO OPEN ESTATE. 01/10/02 ATTENDED TX PARTE TO OBTAIN ENTRY OF ORDER APPOINTING CO- PERSONAL REPRESENTATIVES AND LETTERS OF ADMINISTRATION FOR ESTATE OF HOWARD VANSMITH; OBTAINED CERTIFIED COPIES OF LETTERS; FAXED LETTER TO PEARSON AND GALLOP - STATUS REPORT. Total Hours and Fees: T -092 P- 004/005 F -237 Reference Number: 5575 2.00 3.00 0.50 1.00 0.20 0.20 011M 1.00 3.00 33.40 $57545.00 Jan -18 -02 02:09pm From-NAGIN GALLOP FIGUEREDO PA 3058545351 T -092 P- 005/005 F -237 i Rererence Numoer:: *n) ;OSTS ADVANCED Date Description Cost Amount 10/12/01 LOCKWOOD PROBATE DIVISION: SEARCH REPORT RE ESTATE OF HOWARD VAN SMITH $1.00 11/09/01 Disbursement to: NOW COURIER: TO STEVE PEARSON, 10/26 $11.50 11/30/01 Disbursement to: PARKING $4.50 11/30/01 DAI)E COUNTY TAX COLLECTOR: BALANCE OF 1999 TAXES $48.41 12/06/01 Disbursement to: CLERK OF COURT: FILING FEE - PETITION FOR APPOINTMENT OF SUCCESSOR CO- TRUSTEE $208.00 12/06/01 Disbursement to: CLERK OF COURT. FILING .FEE - PETITION FOR ADM OF ESTATE OF ANNE VANSMITH $207.00 12/06/0) Disbursement to: CLERK OF COURT: CERT COPY - ORDER APPOINTING SUCCESSOR TRUSTEES $3.00 12/06/01 PARKING $4.50 12/18/01 Disbursement to: CLERK OF COURT: CERTIFIED COPIES $8.00 01/03/02 Disbursement to: CLERK OF COURT: FILING FEE $207.00 Total Costs: $702.91 Matter Summary: Total Fees: $5,845.00 Total Cost: $702.91 Sub -Total Current Fees and Costs: $6,547.91 Amount Due: $6,547.91 PAYMENT IS DUE ON OR BEFORE FEBRUARY 4, 2002. PLEASE INCLUDE TEE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE. THANK YOU_ CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM REQUEST DATE: January 17, 2002, SUBJECT: Agenda # Commission Meeting January 22, 2002 National Landscaping The purpose of this memorandum is to seek the approval of the attached resolution for the renewal of a contract with National Landscaping (was Recio & Associates) for litter removal and landscape maintenance on sections of US 1 and Sunset Drive. BACKGROUND & ANALYSIS The original contract was approved under Resolution No. 287 -98 -1055 (October 20, 1998), and followed by Resolution No. 56 -00 -10949 (March 2000), and Resolution No. 17-01 - 11165 (February 2001). The City of South Miami piggybacked on an existing multi -year contract competitively bid by the City of Miami (Bid number 00- 01- 077/B- 6372). Recio's & Associates; now National Landscape performance and responsiveness during the contract period has been above satisfactory. This item extends the contract renewal option at the same price for an additional year. The City of South Miami Parks & Recreation Department plans to competitively bid out this contract at the end of Fiscal year 2002. The cost of renewal of this contract is not to exceed $35,000.00 per annum. Funding for this disbursement will come from account number 001- 2050 - 519 -3450, "Contractual Services The balance of this account is $35,000.00. RECOMMENDATION Approval is recommended. Recio new agreement commission 2001 -2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND AN AGREEMENT WITH NATIONAL LANDSCAPING FOR LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES ALONG THE US I MEDIAN, SUNSET DRIVE MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED $35,000.00 FOR THE CURRENT FISCAL YEAR, AND CHARGING THIS AMOUNT TO ACCOUNT NUMBER 001 -2050- 519.3450, "CONTRACTUAL SERVICES ". WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, Recio & Associates has changed their name to National Landscape; and WHEREAS, For the past 12 months the City of South Miami has successfully employed the contracted services of National Landscaping ( Recio and Associates, Inc.) for maintenance of the US 1 highway median; and WHEREAS, Said contractor has performed the contracted services in a better than satisfactory manner; and WHEREAS, Previous resolutions were passed by City Commission; Resolution Number 287 -98 -1055, October 20, 1998, Resolution Number 56 -00- 10949, March 2000, and Resolution Number 1701 - 11165, February 2001; and WHEREAS, This contract will service the current fiscal year (October 2001 to September 30, 2002); and WHEREAS, The City of South Miami Parks & Recreation Department will "piggy back off the City of Miami; and WHEREAS, The City of South Miami Parks & Recreation Department plans to competitively bid out this contract at the end of Fiscal year 2002. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be awarded to National Landscaping for $35,000.00 and charging the amount to account number 001 - 2050 -519 -3450, "Contractual Services." Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of January, 2002. ATTEST: CITY CLERK. READ AND APPROVED AS TO FORM: CITY ATTORNEY Re,w2ool- m2Re.w- APPROVED: MAYOR V,EC101 A Division of NATIONAL LANDSCAPING, INC. January 15, 2002 Ms. Ana M. Garcia, Director Parks and Recreation Department ^ity of South Miami 6130 Sunset Drive Miami, FL 33143 Dear Ms. Garcia: We want to thank you for the opportunity to continue working for the City of South Miami. Vll . hay°° ch, raged the name- of the company from Rcc'o and P. ssociates to National `..? .dscap�, 1:.c. and have also changed management. National Landscaping, Inc. has a motto of excellence in performance and you will see this demonstrated as we continue the Landscape Maintenance Services and Litter Removal. It has been a pleasure working with you and your staff over the last three years and we hope this wwAcontinue to our mutual benefit. a io Lidnar,610 LANDSCAPING • NURSERIES • MAINTENANCE • GENERAL CONTRACTOR 8053 N W. 64th Street • Miami, FL 33166 • Telephone: (305) 994 -7811 • Fax: (305) 9947779 Resolution Nd...17 -01 -11165 519.3450, "CONTRACTUAL SERVICES ". WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, For the past 12 months the City of South Miami has successfully employed the contracted services of Recio and Associates, Inc. for maintenance of the US 1 highway median; and WHEREAS, Said contractor has performed the contracted services in a better than satisfactory manner; and t ' WHEREAS, This contract will service the current fiscal year (October 2000 to September 30, 2001). NOW T1 EREFORE BE IT RESOLVED BY THE MAYOR AND CITE COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be awarded to Rico and Associates, Inc. for $37,000.00 and charging the amount to account number 001 -2050- 519- 3450, "Contractual Services." Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 6th day of February 2001. ATTEST: Q CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Recio 2000 -2001 Resolution APPROVED: r 4 MAYOR COMMISSION VOTE: Mavor Robaina: Vice,Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: 4 -0 Yea Yea Yea Yea Out of room M L1llG1iCHIUVQ1 ;UUyVilLVwttcu i rt � j 'ref is^ s CO 3 J V F r 1i c fk _ � ',:,. ..,se rwwa..+:w�.r� s-a�. .•, �_ .,.pr ��:., �`�'s' ,�a+t�'�4r'4 ?ice.: �� :'& rF�'ro'"�'- 't. 'x '.. 2Paae ,o eso 10555 a CONTRACT THIS AGREEMENT, made and entered into tilts 1ST'' day of -OCTOBER A. D. f 20013by and between the City of South Miami. Horida, a itlun cipal corppratuoir of tltc State of a Florida, party of the first part, (hereinafter sometinles called the - 'City "), and, NATIONAL LANDSCAPING, [tic. party of the second part, (hereinafter sometimes called the "Contractor "). WITNESSETH: That the parties hereto, for the considerations hereinafter set forth, mutually agree as follows: ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner provided by the Contract Documents, for the project entitled: LANDSCAPE MAINTENANCE SERVICES AND LITTER REMOVAL AT FOLLOWING AREAS: I. US I: FROM SW 57TH AVENUE TO SW 80TH STREET 2.` SUNSET DRIVE (SE 72ND STREET) FROM US 1 TO S W. 69" AVE. 3 ' DONWTONW DRISTRICT AND US I' MEDIANS FROM 57 "` AVENUE -TO S. W. 74TH STREET- Litter'ReTpyato'ny" ARTICLE 2 CONTRACT SUM: The City shall pay to the Contractor, fo the faithful o erformance of the Contrct, in lawful money of the United States, and subject t' o additions and a deducttonsi and based on unit prices (where applicable), all as provtded in the Contract DocumenYc to the sum of: ` PTHIRTY SIX THOUSANDAND 00 /100101J, L;ARSa($36,300) N a wa ' t� AtRTItLE 3 PAR I IAL . AN): FINAL PAYMENTS tti accordance ' with the e y provtstanS seC� forth J-6 ,the General Conditions of theSpectfteattons ,and subject to fH fya�}ttbrt`sarnd deduettons as provided; the City shalC pay the Contractor as follows: + 6 visa ;. z , r am'` .�.d.m + J - i {"*ems a W` EX yR a fi trek�:..'f - .n z, CONTRACT a) On or before the It) "' day of each calendar month, the City shall itiakc partiil payments to the Contractor on the basis of a duly certified and approved Cstimate of' Work, performed during the preceding calendar month by the Contractor. b) Payment on account of the Contractor of all work shall make this Agreement within thirty (30) days after completion covered by this Agreement. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under this Contract within ten (10) consecutive calendar days after the date of written notice to proceed from the Director of the Department of Public Works_ ARTICLE 5. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully a part of the Contract as if hereto attached, or repeated in this Agreement: CONTRACT IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of, which shall, without proof or accounting for the other counterparts, be deemed an original Contract. (SEAL) THE CITY OF SOUTH MIAMI, FLORIDA Party of the first Part ATTEST By: By Title: Title: WiTNESS: (If a Corporation, attach NATIONAL LANDSCAPING; INC. y:-, Secretary) Party of the seco a t '* t a Ay,�t By: WK Title: 7 Em to Y er ID No. '59- 1435286 P J v u 1.1 DEFINITION Tile purpose of this division is to provide coverage for all conditions applicable to this Contract, where such coverage is not provided for in the other portions of the Contract Documents. In case of any conflict with the provisions of 'other portions of the Contract Documents, the provisions of this division will prevail, unless amended in addenda issued subsequent to publication of these Contract Documents. l? DESCRIPTION OF WORK The work consists of furnishing all labor, materials and equipment to maintain by mowing /cutting, pruning, trimming, weeding, removing litter, the landscaped right -of -way medians on: US I. from SW 57`h Avenue to SW 80`h Street Sunset Drive (S. W. 72nd Street) from US t to S. W. 691h Ave. Downtown District planters and US I Medians from S. W. 57`h Avenue to S. W. 74`h Street — litter removal ottly in the City of South Miami, Florida Also, the work includes removal /replacement of dead or, diseased plant material, with such materials to be supplied by the city, unless otherwise indicated in specific changes to the Contract. The City reserves the right to renew or terminate the maintenance contract at the end of the municipality s 199i -1998 fisc=al year, wnich ends on September 30` ", 1998, on a fiscal year (October 1" to September 30,' ")bass up to a period of five (5) years. 1' 5 SUPERVISION It is not the City's intention nor responsibility to coordinate the many activities of the Contractor necessary to complete a project The City's responsibility is to see that the project is carried out in accordance with the Plans and Specifications. 1.6 REVISIONS TO GENERAL CONDITIONS If the Contractor's performance of this Contract is delayed by acts of the owner or other subcontractors, suppliers and contractors, materialmen, architects and /or engineers, the Contractor may request an extension of time from the City, in writing, within twenty (20) days of the event by which the delay occurred, but the Contractor shall not be entitled to an increase in the contract price or claims or damages because of the delay or because of any acceleration in its work. 1.7 SAFETY ON AND OFF THE JOB SITE In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the Contractor. The City shall not be responsible for safety on or off the lob site. The City's on -site observations or inspections shall be only for the purpose of verifvina that the mnintpnnnnp The Contractor shall, at his cost, observe all safety regulations including the Placing and displaying of safety devices, provisions of Porte to control traffic, etc as may be necessary in order to conduct the public through tl e;pro)ect area in accordance with the F D 0 T's "Manual on Traffic Controls and Safe Practices for Street Highway Construction, Maintenance and Utility Operations The Contractor's attention is directed to the fact that work may be performed on a limited access roadway, with special regulations pertaining to this system. Upon completion of a contract each day, all equipment shall be promptly removed from the job site. 1 9 INDEMNIFICATION The Contractor covenants and agrees to indemnify and hold the City harmless for any death of or injury to persons or damage to or loss of property Mich may occur as a result of the Contractor's performance under this Agreement. 1 10 INDEPENDENT CONTRACTOR The Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City Personnel policies, tax responsibilities, social security, health insurance, employee benefits (if applicable), purchasing policies and other similar administrative procedures applicable to goods and senfices rendered under this Agreement shall be those of the Contractor. Page 3 of 6 ADDENDUM 1 SPECIAL PROVISIONS I 11 UNCON 1 ,�OL,LABLE CIRCUMSTANCES ( "ForcE� Maje.:rt; , I he C.ty and Contractor will be excused from the pe(iormen;;(',,of ;hpi respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control- includ;ny fire', flood explosion, stakes or other tabor disputes. act of God or public emergency, war not, civil commotion, malicious damage, act or Omission of any governmental authority, delay or failure or shortage of any type of transportation equipment; or service from a public utility needed for their performance, provided that. a) The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to the nature of the occurrence and its expected duration. and continues to furnish timely reports with respect thereto during the period of the Force Majeure; b) The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure c) No obligations of- either party that arose before the Force Majeure causing the excuse Of performance are excused as a result of the Force Majeure; and -- ADDENDUM 1 SPECIAL PROVISIONS 1 1-2 Ass �;nme,a Neither this Agreement, nor any portion thereof unless otherwise authorized herein, shall be assigned vothout the formal consent of the City Manager or appointed designee No such approval will be constnied as making -the City a Party of or to such assignment, or subjecting the City to liability of any kind to any assignee even If subcontracting is authorized herein No subcontracting agreement shall, under any circumstances; relieve the Contractor of any liability or obligation under this Agreement. 1.13 PERMITS Contractor shall have the sole responsibility, at its sole cost and expense, to secure all necessary, Dade County, State, and Federal licenses and permits for the performance of this job. 1.14 CONFORMITY TO LAW 1 16 FINAL REPOSITORY The parties mutually represent and warrant to each other that 'this Agreement, consisting of paragraphs 1 1 through 1 19, inclusive, constitutes the final repository of the parties on its subject matter and may not be changed, modified, discharged or extended except by written instrument duly executed by the parties. The parties agree that no previous representations or warranties shall be binding upon either party nor has the execution of this Agreement been induced on the part of any party except as expressed in writing in this Agreement 1.17 NONWAIVER Failure of the City to insist upon the strict performance of the covenants, conditions. and agreements of this Agreement in any or more instances, shall not be construed as a waiver or relinquishment in the future of any such covenants, conditions and agreements. 1.18 INDEMNITY AGAINST COSTS AND CHARGES Nov 30 01 10:02a RECIO AND ASSOCIATES, INC 305 - 470 -8733 p.2 ACORLIM CERTIFICATE OF LIABILITY INSURANCE DATE(MWODIYY) PRODUCER 10164/2001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JV INSURANCE, INC . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17690 S DIXIE HWY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI,FL. 33157 (305)253 -7555 _ INSURERS AFFORDING COVERAGE �NSUn i -- NATIONAL LANDSCAPING, SNC. INSURERA: CENTURY SURETY COMPANY h INSURERB� US_ SI COMMERCIAL -- .-- - - - - -- ---- - - - - -- 3053 NW 64 ST • INSURER C, — MIAMI, FL 33166 I IN URERD: _ —�� -- 305 -994 -731.1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE PO PO4fGY EFFECTIVE POLICY EXPIRATION POLICY DATE MMiDD(YY ) DATE (MWDDlyyl LIMITS GENERAL LIABILITY -X EACH OCCURRENCE 51,000, 0 0 0 COMMERCIAL GENERAL LIABILITY — I --I I FIRE DAMAGE (Any one fire) S100,000 A i I CLAIMS MADE �� U CUR i I —� CCP223995 1.0/03101 i 10/03102 MED EXP (Any one pt *son) l55, 000 PERSONAL &ADVIrUURt 51, 0001 000 GENERAL AGGREGATE $1,000,000 - - j G�'L ! hGGRE�G-A-ATE LIMIT APPLIES PER- i � I Il I POLICY I j. !1 5 1 E-6-0 G 10 O O I PRODUCTS - COMPIO "r AGG __-} �_ ECT , LOC. I AUTOMOBILE LIABILITY -7— f-- COMBINED SINGLE LIMIT 5 ANY AUTC �n I (Ea accident) 1, V G G, 000 ALL OWNED AUTOS �— BODILY INJURY $ h SCHEDU ED AUTOS (Per peron) Bj 09/27/01 09/27/.,- ' X i FUL.L - -1, - — — I PROPERTY DAMAGE s I X C U/ M 1012 0 ! (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY EA A„CICENT s I EAr.CC $' OTHER— .___ -- AUIOONLY; AGG I S - -^ E LIABILITY HESS EACH OCCURRENCE £ OCCUR CLAIMS MADE — AGRcGgTe - g "_ - --- --- -i- -- -- - - - - -- II ; $ DEDUCTIBLE f iL s RETENTION WORKERS COMPENSATION AND I WC STATU- I OTH- EMPLOYERS' LIABILITY _' TORY LIMITS I FR - EACH ACCIDENT I S iE.L. E.L. DISEASE - EA EMPLOYEE I Y S E.L. DISEASE POLICY LIMIT $ OTHER Ai INLAND MARL -NE ! CCP223996 10/03/01 ' 10/63/02 LTl!I`_' $400,000 EQPT & MISC. TOOLS DESCRIPTION OF OPERATIONS ILOCATIONSIVEHICLESiEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS LAWN SERVICE rcorlCfrrnre CITY OF SOUTH MIAMI 4795 SW 75 AVENUE MIAMI, FL 33143 ACORD 25 -S (7197) l.f±IVI r-LLAI IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE o ACORD CORPORATION 1988 Nov 30 01 10:02a RECIO RND RSSOCIRTES, INC 305 -470 -8733 10f.1ra r1ba I certiEv the attached is a true and correct ;)ePgrtment,, of f tnl p copy off�naosporation for Amendmenti, filed an August 20, h ch a RECTO AND ASSOCIATgS, INC. vrhiohshoxn by Che records of this ffic , INC., a Florida corporation, as certify the document was electroni.cally�r received 'w h audl.t I further Y number SQ1080090846. This certificate is issued ' section 15.16, Florida Statutes, and authenticated by the code hated below s The document number of this corporation is 414181. Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this thn Twentieth day, of August, 708' c.�... Authentioat�on Cade: 501A0004754;5- Qa2 00i °4wr.�.�,.' ...�11 CRZE022 tltW �f�ariue P rzis �r,crrfzzr� tr£�t�.tr p.3 City of Miami Department of Public Works 444 SOuthwest'."' Avenue 8" Flc-or -Miarnu, Florida 3130 JOHN H, JACKSON, P.E. Director CARl-OS A- GIMENF7 City Mamitcr -ado oz Number ofglqes including T Froint: 46 Eh o n g: :phone: I Z76 Fax phone: k 669 REMARKS 0 URGENT REPLY ASAP M PLEASE COMMENT + %UAMd I - IF— a REM `i TT WC NW h4 ST x�q ' Er3313o PL a31� MJAMI FL 33 16 6 4 ' Mg t . City of Miami Accounting Division /Accounts Payable s Department of Finance j`A C c t s. F "Et b 1 y P.O. Box 330708 Miami, Florida 33233 -0708 Department .lit _!� o Contact Person Teie Requisition No: EST: ' RI:rERSIDE r ., r. Y. it m# Commodity 705-416-1203 fi'WK -2-45 32 Code# Description Qty Unit Unit Price Extended Price LOSSES AND CQSES OF -60CH ACTION ARE I-JUT ATTRIBUTABLE TO THE NEGLIGENCE OR. MISCONDUCT OF THE CITY AND, f-"!iOM AND AGAINIST ANY ORDE ,SR JUDGEMENTS 13E:' DECREE =S i;!E IlCJ i 1 EA i -BE ENTERED AND J. (iE KAY RESULT FROM THILS+ CONTRACT, UNLESS 'Ai RIBIJTADLC TO T14E OR MISCONDUCT OF T HI I 1 .`, A11,1. E=F;OM A11D "AGAI EST ALt. UOSTS, AfTUF:Mi-_:YS' F'E'ES, EXPENSES Ajgr., LIABILITIES ISC�IRRED IN THE DEFE iSE_ (.ii°' 1111-dy SUCH CLAIM, OR THE . R NO: TOTAL Tax ID or S/S No: XX XXXXXXX XXXXXX XX XXXX XXXX XX XXX 'r 1 � s52861 XXXXXXXXXXXX 77X((XXXXXXXXXXXXXXXXXXXXXXX XXXX vendortnstructions Entity Type- XXXXXXWWXX XxXx XXXXXX 1. Florida Tax Exempt ID #23- 08-330380 -54c. XXXXXX X XNXXXXXX C XXXXXXXXXXXXXXXXXXXxXXXXXXXXXXXXXXXXXXXXX kX�f-X 2. Invoices: Direct Invoices in Duplicate to the address shown Terms: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX above (Prompt payment viscount) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 3 reverse side hereof or incorporated herein by reference on the xXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX h E _; T '; v� XXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxxxXXXXX become a part of this order. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXxxxxxxxxxxxxXXXXXXXXXXXxXXXXXXXXXX Purchase Order No: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX F nOlesBs DESTINATION `w>7S ?7 xXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Specified Delivery Date XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXxxxxxxXxxxxxxxxxxxXXXXXXXXXXXXXXXXXXXXX C xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ff a XXXXXXXXXXXXXXXXXXXXXxxxxxxxxxxxxxXXXXXxX C FN /PC 506 Rev, 7/97 t)istribut!on: White Vendor Green Accounts Payable Canary Pu sing De City of Miami Date Approved 8 P Pink Roquestl g Dept.Gaidenrod Reco!uing Record. ........ 0' 3 l8 t-5 Cft�ECT EINTITLF -D "US I MEDIAIWS LANDSCAPE MAINTENANCE CINNTRACT 200111 JOB #B-6372; 4U1?-lORIZED BY RES. #01• -738 DATED Tax ID`or SIS No: 591435286 Entity Type: Terms: (Prompt payment Discount) ME. T30 Purchase Order No: 220897 Delivery Date G I FN /PG 506 Rev. 7197 1 K_ rs Ems! T L OVI RS P14fl Ai`;CE OF [:t)NTRACT WITH OPTION TO jrEP�jl:.i;� r Ofi AGD iTIO}s'A�_ ONE YEAR PERIODS. I "'! OPOSE"R SHALL PAY 0,41 BEHALF Of a.f1iD' IINI.EF AND SAVE CITY AMID I t S OFFICIALS HARMLESS FRO,111 MNID AGAIING r ANY AND ALL CLAIMS I..IA`BT T E L:'JSSi =S E it A r , ,.4 r. LI r_ ,, a Ark., CAUSES O ACTION, wjAIC!-! MAY ARISE OUT OF PROPOSE'R'S 1- 414. FOF; M v UNDER 1 1 " {4, r"11'.O'siil'1 T i-51 'a -a OF C �Z Je+ty THE' CONTRACT, INCLUDING ALL ACTS S OR, n; +T 3 ACT 01� t7i�il7v �f��;cl I O ; Oil! THE ='13{!f: i OF 111 (:iF USCF., I�:, I'LUDING AN'Y PERSON PERFORMING UE.1411DER' THIS" CO INTRACT FOR 'f I'? rift PRO OSER 5 BEHALF, PROVIDED t iIA 1 AI iY SUCH CLAIMS, LIABILITIES, oty I Unit I Unit Price ! Extended Price 724200.8,3 •...RR--AAAAAxXXXXX v tv11urur instructions �XXXXXXXXXXXXXXXXXXXXXXXxXXXxXXXXXXX xx NN��}}�� ��(XO�(X XXXXX1XX #X XM t. Florida Tax Exempt ID #23- o8- 330380 -54c. XXIQt��txXX MXXXX X X7f7kC' 2. XxxxxxxxxxxxXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Invoices: Direct Invoices in Duplicate to the address shown above XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 3. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Terms and conditions set forth in our Bid or Quotation on the reverse xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx side hereof or incorporated herein by reference become a part of this order. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx F.O.B. DESTINATION Unless KXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX KXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX Otherwise Specified KXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX KXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX KXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX �f _ City of Miami Date Approved tistrihution: White vendor Green Accounts Payable Canary Purchasing Dept. Pink Requesting Dept .Goldenrod Receiving Record. ss i CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: January 22, 2002 FROM: Charles D. Scurr RE: Agenda Item # O City Manager Expenditure for the repair of Street Sweeper #20 -26 The attached resolution seeks Commission approval for an expenditure of $6,030.00 to pay for repairs to the City's Street Sweeper #20 -26. BACKGROUND AND ANALYSIS The Street Sweeper was purchased in 1997 for the amount of $52,160 and is used for street sweeping through out the city. This particular vehicle is equipped with two motors. Even though the cab has only 16,885 miles, the secondary motor, which drives the vacuum system, has extensive use of operational hours. The damaged to the motor was caused by a combination of factors that include the wear and tear and a malfunction of the oil pressure system. The vehicle was taken to Pitts Engine and Transmission who holds Miami -Dade county bid number 591395934, who specializes in repairs of engine and transmission for heavy equipment. The vendor found that the motor was damaged due to the wear and tear and loss of oil pressure. Their recommendations ° are as follows: 1) Engine overhaul for a cost of $5,000 with a projected down time of fifteen days and a ninety -day warranty. 2) Engine replacement for a cost of $6,030 with a projected down time of five days and a twelve months warranty. RECOMMENDATION The repair of the street sweeper vehicle is essential and cost effective to the efficient operation of the street maintenance division. Approval is therefore recommended for the replacement of the engine. Funding for this disbursement is available in the Outside Services, Account No. 1760 -519 -4680. The remaining balance on this account will be approximately $13,067. 00. Attachments I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, AUTHORIZING THE CITY MANAGER TO 6 DISBURSE THE 'SUM OF $6030.00 TO PITTS ENGINE & 7 TRANSMISSION AND CHARGING THE DISBURSEMENT 8 TO ACCOUNT NUMBER 1760 -519 -4680 "OUTSIDE 9 SERVICES" 10 11 WHEREAS, the Public Works street sweeper is critical to the daily operations of the Public 12 Works Department; and; 13 14 WHEREAS, the secondary motor for the sweeper requires immediate replacement so that this 15 vehicle can be put back into service; and; 16 17 WHEREAS, Pitts Engine & Transmission holds county bid number 591395934, and previously 18 used by Public Works. 19 20 21 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the 22 CITY OF SOUTH MIAMI, FLORIDA': 23 24 25 Section 1. The City Manager be, and is hereby authorized to disburse the sum of 26 $6,030.00 to Pitts Engine and Transmission. 27 28 Section 2. This resolution shall become effective immediately after adoption hereof. 29 30 31 32 PASSED AND ADOPTED this 22nd day of January, 2002. 33 34 35 36 ATTEST: APPROVED 37 38 39 40 CITY CLERK MAYOR 41 COMMISSION VOTE: 42 Mayor Robaina: 43 Vice Mayor Feliu: 44 READ AND APPROVED AS TO FORM Commissioner Bethel: 45 Commissioner Wiscombe: 46 Commissioner Russell: 47 48 CITY ATTORNEY d M r S z z 0 �y ` 1 gn �v,gC qy v W LN Lot) L� an W z y r> o0E.. i W ul Lu E�alro F2 0 Fx oa Y z �y ` 1 �= qy v W LN i ul Lu E�alro F2 0 Fx oa Y 4 Zw Zw El! ' z } LO 11.�d A X O'm �+ rn` w �� d Z NF-�L i g a � m z A '3Q U3L—Q in Q W -C ! j i •� A Q W {�, `Qi U1>' h O p mgr W II W�� Vi W= OCwu w w 2� a W s c t9 f. aC w > o� Z o I0 0 Z H O N W ©W d O W =zW v1 F-Zxs I a ~ OWC D �- W td� W F'- a €'� o . O ( W W� QV%�� �. ® es�c..N? �. al 0 0 Q0 WC7 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Comm'n. Charles D. Scurr, City Mgr. From: Earl G. Gallop, City Attorney Date: January 17, 2002 1' Re: Resolution approving 3 -year extension of City Manager contract Subject: The extension of the term of the contract with the city manager from October 1, 2002 to September 30, 2005. Discussion: The term of the current contract commenced on October 1, 1999 and expires on September 30, 2002. The purpose of extending the contract is to keep the current city manager in place for an additional three years on the basis that the city commission and he have taken the city to a higher level of professionalism. The contract between the city and the city manager represents the third part of an initiative to professionalize the city administration. Part 1 required hiring a city manager based on the individual's professional credentials and accomplishments. Part 2 required raising the city manager's salary and increasing benefits to make the city competitive with other cities in attracting and keeping a professional city manager. Part 3 required entering into a contract to give the city manager greater security in the performance of his responsibilities. Approval of the resolution extending the contract will signify affirmation by the city commission that the program has been successful and that it desires to continue to retain Mr. Scurr as its city manager. Recommendation: Approve the resolution. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 CONTRACTS; EXTENDING THE CONTRACT BETWEEN THE 6 CITY OF SOUTH MIAMI AND THE CITY MANAGER; 7 PROVIDING FOR TERMS AND CONDITIONS AND AN 8 EFFECTIVE DATE 9 10 11 WHEREAS, in 1998 the City of South Miami embarked upon a three part 12 process to professionalize the relationship between the City Commission and the 13 City Manager; and 14 15 WHEREAS, a three -year contract with the Charles D. Scurr as City 16 Manager was the third step in the process and was executed in 1998; and 17 18 WHEREAS, the accomplishments of the City, including the designation by 19 the National Civic League as an All- America City, have been exemplary during 20 this period; and 21 22 WHEREAS, the City of South Miami and Charles D. Scurr wish to 23 continue to employ his services as City Manager of the City of South Miami by 24 extending the contract for an additional three -year period. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI: 28 29 Section 1. The term of the contract between the City of South Miami 30 and Charles D. Scurr shall be amended by the addition of the following language 31 to paragraph 6: The term of this Agreement shall be extended by a three -year 32 period commencing on October 1 2002 and ending September 30 2005. 33 34 Section 2. The contract shall be amended further by adding paragraph 17 35 to read: The City Manager will meet individually with each Commissioner on an 36 annual basis to discuss his performance. 37 38 Section 3. This resolution shall take effect immediately upon approval. 39 40 41 PASSED AND ADOPTED this 22nd day of January, 2002. 42 Additions shown by underlining and deletions shown by ever-stg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ATTEST: City Clerk APPROVED: Mayor READ AND APPROVED AS TO FORM City Attorney Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: \\Dell_6100\Documents \City of South Miami \0022 - 001 \12373.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. 207-99 -10830 A RESOLUTION OF THE MAYOR AND CIV( COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH MIAMI AND THE CITY MANAGER, PROVIDING FOR TERMS AND CONDITIONS AND AN EFFECTIVE DATE WHEREAS, the City of South Miami has embarked upon a three part process to professionalize the relationship between the City Commission and the City Manager; and WHEREAS, the development of a contract with the City Manager is the third step in the process; and WHEREAS, the City of South Miami and Charles D. Scurr wish to continue to employ the services of Charles D. Scurr as City Manager of the City of South Miami; and CD WHEREAS, the City and City Manager desire to provide for certain procedures, benefits, requirements and to set working conditions regarding the employment of the City Manager by the City. NOI', THEREFORE,- BE IT RESOLVED BY THE N1A�'OR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission approves tae contract between Charles Scurr as City Manager and the City of South Miami. A copy of the contract is annexed to this resolution. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5th day of October ,1999 ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney APPROVED: Mayor COMMISSION VOTE: Mayor Robai na Vice Mayor Oliveros`. Commissioner Feliu: Commissioner Bethel: Commissioner Russell q -0 Yea Not present Yea Yea Yea CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Comm'n. Date: September 20, 1999 From: Earl G. Gallop Re: Agenda Item City Manager contract October 5, 1999 Commission Meeting Subject: This memorandum presents the attached contract between the City Manager and the City of South Miami. Entering into an employment is the third step in professional izing the relationship between the city manager and the city commission. The first two steps were: 1) selecting a city manager based on professional capability; and 2) increasing salary and benefits to attract qualified professionals to the city. The third step is to enter into a contract with the ci-1, manager, and to include sufficient incentives in the cc tl;i: highly ;s;onal. I believe that, with this contract. tiie' c t , the reversal of its prior history of experiencing high turn -over in this important position, and will continue the work toward establishing administrative stability in the city. Contract review: The contract creates an employment between the city manager and the City of South Miami for an initial term of three years. It provides that the city manager will devote substantial time to the affairs of the city and allows for limited outside employment upon prior approval of the commission. The city manager receives the benefits stated in section 2, including, but not limited to, an indemnification clause that provides for his defense for any claim arising out of his employment with the city. The indemnification clause fills a gap left by various indemnification statutes and avoids the possibility that the city manager might have to fund his own defense until a successful conclusion of the defense to the claim. Upon termination, the city manager will receive up to, but not exceeding, six- months worth of compensation and benefits for the unexpired term of the agreement. He may elect to be constructively terminated if two commissioners make public pronouncements calling for his resignation. The agreement provides for a due process public hearing within 30 days of being suspended without pay for alleged misconduct. In any litigation, the parties waive jury trial, preferring to be tried before a judge. The agreement does not create a property right to employment. Charter review: The charter provides that the city manager is an "at will" employee of the city. Art. II, §7.A., city charter (the city manager who shall serve at the pleasure of the commission). According to judicial opinions, a contract with the city manager does not change his "at will" employment as long as the commission can terminate the contract for its convenience. The proposed contract allows the commission to do just that. The charter also provides that, upon removal without cause, the city manager "shall receive [his] salary for [30] days" immediately following the adoption of the resolution terminating his employment. Art. III, §3, city charter. The provision is ambiguous- it is either an authorization to pay salary, or a limitation on the ability to pay salary for more than 30 days. I cannot determine the intent of the provision from any interpretation of its words. On one hand, there is no need for authorization in the charter to pay severance benefits (but the charter contains other provisions that are not necessary). On the other hand, in the absence of a clear expression of a limitation, such as `-`shall pay salary for no more than 30 days," the commission can view the provision as an authorization to pay severance and other benefits for a period exceeding 30 days. Note: The charter review commission viewed this provision as a limitation and declined to change it. I recommend that the commission revise this provision at the appropriate time. Decisions by the city commission: The commission must decide: 1) the appropriate term of the �q7eemert: ? :..:' ) de "erred compensation. Recommendation: Approve a resolution accepting the contract. cc: Charles D. Scurr, City of South Miami EMPLOYMENT AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND CHARLES D. SCURR This Agreement, is made and entered into this 5th day of October, 1999, between the City of South Miami. a Florida municipal corporation, and Charles D. Scurr. WHEREAS, the City of South Miami and Charles D. Scurr wish to continue to employ the services of Charles D. Scurr as City Manager of the City of South Miami; and WHEREAS, the City and City Manager desire to provide for certain procedures, benefits, requirements and to set working conditions regarding the employment of the City Manager by the City. NOW, THEREFORE, in consideration of the promises. mutual covenants, conditions, provisions and undertakings contained in this Agreement. and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, the parties covenant and agree with each other as follows: 1. The Citti 1.1 Duties. Continue to pertorr11 me Cla;LI .s of the. City Manager of the City of South Miami in accordance with the terms "conditions and provisions contained in this Agreement, the Charter and Code of Ordinances of the Citv of South Miami, and as otherwise lawfulty directed bv motion or acclamation of the City Commission. 1.2 Time Required. The City Manager recognizes the position is not and cannot be an hourly -type employment and the City Manager shall work as required in order to carry out his duties and responsibilities. 1.3 Outside Employment. The City Manager may engage in outside employment so long as: 1) prior permission is received from the Mayor and City Commission upon disclosure of the nature of the employment, duration and the estimated number of hours per month that will be devoted to the employment, 2) the employment does not violate the prohibition against dual office holding and 3) the employment does not create a potential conflict of interest or detract from the time necessary to accomplish city work, as determined in the discretion of the City Commission. The term "Outside Employment" shall not be construed to mean occasional teaching, publication, pro bono activities or consulting services performed on time off, not exceeding '5 hours a week unless approved by the City Commission. 2. The City shall: 2.1 Employment. Continue to employ Charles D. Scurr as City Manager consistent with the Charter and Code of Ordinances of the City of South Miami, and as otherwise lawfully directed by motion or acclamation of the City Commission and the terms and conditions of this Agreement. 2.2 Salary. The amount of Ninety three thousand five hundred dollars ($93,500.00) for the period beginning October 1, 1999, payable in accordance with the regularly scheduled method of compensation for other City employees and subject to adjustment in accordance with this Agreement. 2.3 Annual Adjustment. Annually review the salary of the City Manager as part of the annual budget annually in accordance with the City Charter. The City Commission may, in its sole discretion, grant a merit salary increase and, or. other benefits to the City Manager. 2.4 Cost of Living. COLA as approved by the City for other general employees. 5 Retirement Benefits. Credit in the City retirement system for time employed in other governmental entities and annual contributions to the system. 2_6 General Expenses: The City shall pay a ; - n *�';- expense allowance cCiui- ,den:t_ — that provldc,' i;7: t`"; i "': I -,; 'JerS of t:it City Conir,iission. 2.7 Professional Dues. Reasonable and customary dues, training and subscriptions necessary for the City Manager's continued professional participation, gro«rth and advancement, including national and state professional organizations. 2.8 Transportation. A car allowance of $500.00 monthly plus a gasoline allowance of 5100.00 monthly, or if requested by the City Manager, a City car, in which event the City shall be responsible for providing for liability. property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of the vehicle. Entitlement to use of the Citv vehicle shall cease upon the Cite Manager's termination or resignation. 19 Insurance /Medical. Pay family coverage health and dental insurance under the city plans, long term disability insurance, and life insurance in an amount equal to annual salary, and an annual physical 2.10 Leave. Equivalent to other City employees at senior seniority levels as provided in the City personnel regulations. 2.11 Deferred Compensation. An annual amount equal to 11% of the Citv Manager's annual salary , into the Plan on the City Manager's behalf, and agree to transfer ownership to the City Manager of the Plan's fund upon the City Manager's resignation or termination. 2 2. 12 Equipment. Provide the equipment necessary to perform the duties of City Manager such as cell phone, pager and radio. 2.13 Indemnification and Defense of Claims. The City shall defend, save harmless and indemnify the City Manager against any tort, professional liability claim or demand or any and all other legal action arising out of an alleged act or omission occurring in the performance of the City Manager's duties. The City will litigate, compromise or settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. The City', or its insurance carrier, will provide legal representation for the City Manager, suitable to the City Manager, for any and all claims, proceedings or lawsuits related to or arising out of the City Manager's affiliation with the City. This indemnification provision shall survive the termination of this Agreement. 2.14 Bonds. Pay for any cost of bonds required pursuant to law, ordinance or Charter. 3. Termination. The City Manager shall serve at the pleasure of the City Commission as defined by the City Charter. Nothing in this Agreement shall prevent, limit or otherwise interfere with the absolute right of a majority of the full City Commission to terminate the services of the City Manager at any time, with or without cause, and without prior notice, in accordance vith 3 o; 'he City's Charter, subject �.. y t lol ;(i In Ll ill : -� Oi If11S �' `?rNer:.ent. In the event the City ', olluntai iiy resigns his position with the City. then the City Manager shall give the City Commission 60 -days written notice, in advance, unless the parties agree to waive such notice requirement. Termination for cause shall mean termination for the same grounds as would result in the forfeiture of office by a Commissioner under Article II, Section 4.A. of the Cite Charter. 4. Severance Terms and Conditions. Severance pay, as authorized by the Charter. shall not be payable in the event of a voluntary, resignation or termination for cause. In the event the City Manager is terminated without cause by a majority of the full City Commission, or the City Manager resigns following a suggestion made in writing or at a public meeting or workshop by any tw o members of the Commission that he resign, or the City Commission suspends the City Manager without cause for more than 90 days, in which events the City Manager may at his option be deemed terminated without cause, the City shall pay the City Manager an amount equal 30 -days of the City Manager's salary and accrued benefits. Any payments due to the City Manager for severance, accrued leave or other obligations shall be paid in cash in full within 30 days of resignation or termination. 3 5. Suspension. The City Commission may suspend the City Manager with full pay and benefits at any time during the term of this Agreement. The Commission may suspend the City Manager without pay and further benefits, but only for cause as described in Section 3 and upon giving the City Manager at least 30 -days written notice of the charges to be heard at a public hearing on the charges. 6. Term. The term of this Agreement shall be a three (3) year term commencing October 1, 1999 and ending September 30. 2002. 7. Contract Payment. In the event the City Manager is terminated without cause or the City Manager resigns as provided in paragraph 4, the City shall additionally pay the City Manager the balance of payments and benefits provided for under this contract up to a maximum of six months plus one additional month for each year of service. S. Amendment. The provisions of this Agreement constitute the entire understanding between the parties. Only the representations and understanding contained herein shall be binding upon the City Commission and the City Manager. No other representations or understanding are binding on the City Commission and the Cit,.- M ?ncer unless contained in this or a subsequent duly ado .� ~e. c£1I,' "1, �s °ir::r,�ent or alterati,}r: terms and conditions or this Agreemein shall be effective unless approved in writina by both parties. 9. Severability. In the event any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, the declaration shall not affect the validity of the Agreement as a whole, or any part of the Agreement. other than the part declared to be invalid. 10. No Property Right to Employment. The contract for employment does not change the nature of the employment from at wilt employment nor create a property right to employment under the laws of the State of Florida. 11. No Waiver. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. 12. Obligations Personal. The rights and obligations herein granted are personal in nature and cannot be transferred by the City Manager. 13. Reduction of Compensation. In the event the City Commission at any time during the employment of the City Manager, reduces the annual financial .9 benefits of the City Manager in a greater_ percentage than an applicable across - the -board reduction for all City employees, or in the event the Commission refuses, following written notice, to comply with any other provision benefiting the City Manager, then in that event the City Manager may at his option, be deemed to be terminated within the terms outlined in Section 3 and 4 above, at the date of the reduction or the refusal, and the severance pay provision and other termination provisions shall become applicable at the annual salary and benefit level in effect prior to the reduction or refusal. 14. Florida Law. This Agreement shall be governed by Florida law and any litigation which may arise under, or relating to this Agreement shall be filed and litigated in the state circuit court in Miami -Dade County, Florida. Litigation shall not be initiated in any federal district court, nor shall any party assert in any proceeding that this employment contract creates a federally protected property right in employment. 15. Waiver of Right to Jury Trial. The parties knowingly �,yaiye their right to a jury, trial in anv legal action arising under, or relating to. this Agreement. 16. Effective Date. This Agreement shall become effective on the date of approval by resolution of the City Commission. il-NESS �v'HEREOF, the City of South Miami has caused this hgreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Charles D. Scurr has signed and executed this Agreement the day and year first above written. Attest: City Clerk Approved as to for and Legal sufficiency: City Attorney City of South Miami By- Julio Robaina, Mayor City Manager Charles D. Scurr 5 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager V rce� REQUEST Date: January 18, 2002 Agenda Item # ?00 Comm Mtg. 01 -22 -02 Re: Authorization to negotiate a contract with Arquitectonica Int. Corp. for the 73rd Street Retail/ Garage project A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH NUMBER ONE RANKED FIRM OF ARQUITECTONICA INT. CORP., FAILING THAT WITH THE SECOND RANKED FIRM OF THE CORRADINO GROUP, INC., FAILING THAT TO THE THIRD RANKED FIRM OF ZYSCOVICH, INC FOR THE DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE 73' STREET RETAIL AND GARAGE PROJECT AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: Florida Statute, Chapter 287.055 (attachment 1), requires and establishes a process for the selection of architectural and engineering services. Pursuant to the Statute the City of South Miami solicited proposals (attachment 2) from qualified team of consultants to provide professional Architectural/ Engineering and Construction Administration services for the 73rd Street Retail and Garage project. Twenty highly qualified firms responded (attachment 3). Copies of the proposals are available in the Planning Department. A selection process was set up based on the requirements of the State Statues governing acquisition of professional architectural and engineering services. The first step in the process is to appoint a Certification/Selection Committee (attachment 4). The Committee determines whether or not a consultant is qualified to provide the services requested and whether or not the proposal is complete. Once a firm is deemed to have met all the requirements, then the firm is ready for further consideration by the Selection Committee. The Selection Committee evaluates and ranks the Consultants on how well they can provide the requested services and recommends at least three firms, in the order of preference to the City Manager. The City Manager then, if he agrees with the recommendation, forwards the recommendation to the City Commission or based on the information given to him makes his own recommendation to the City Commission for final selection. Selection Committee met twice and narrowed the list of twenty firms to eight for further consideration. Each of the remaining eight firms were invited to make presentation to the Selection Committee. The Selection Committee meeting to review the presentations was video tapped and is available for viewing. Based on the information presented at the presentation followed by a question and answer session the committee ranked all eight firms. The results were then tabulated for a combined ranking. The evaluation form and the tally sheet used for this step are attached (attachment 5). Following the ranking, references were verified on the three top ranked firms. The references positively confirmed the committee's assessment of these firms. The Statues requires that the City negotiate a contract with the most qualified firm for professional services that the City considers is fair, competitive and reasonable. If the City is unable to negotiate a satisfactory contract with that firm the City must formally terminate the negotiation and undertake negotiations with second most qualified firm. If the negotiations are not successful with the second most qualifies firm, the City must terminate the negotiation and attempt to negotiate with the third ranked firm. RECOMMENDATION It is recommended that the City initiate negotiation with Arquitectonica Int. Corp. for professional services in accordance with the Florida Statues 287.055. Attachments: Proposed resolution. Attachment 1: Florida Statues 287.055. Attachment 2: Published Notice for Professional Service. Attachment 3: List of responding firms Attachment 4: Appointment to Certification/Selection Committee. Attachment 5: Final evaluation form and tally sheet. 1 RESOLUTION 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A 5 PROFESSIONAL SERVICES CONTRACT WITH NUMBER ONE RANKED FIRM 6 OF ARQUITECTONICA INT. CORP., FAILING THAT WITH THE SECOND 7 RANKED FIRM OF THE CORRADINO GROUP, INC., FAILING THAT TO THE 8 THIRD RANKED FIRM OF ZYSCOVICH, INC FOR THE DESIGN, 9 CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION 10 SERVICES FOR THE 73' STREET RETAIL AND GARAGE PROJECT AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission desires to retain a team of consultants for the 15 design; construction documents and construction administration of the City of South 16 Miami 73rd Street Retail and Garage project, and 17 18 WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for 19 Professional Services, and 20 21 WHEREAS, the City received a total of twenty (20) responses as a result of the 22 published notice, and 23 24 WHEREAS, The City having followed the requirements established by Florida 25 Statute 287.055: Acquisition of Professional Services for Architects and Engineers, 26 recommends three top ranked firms in order of preference, and 27 28 WHEREAS, The personal interviews of the eight short listed firms were video 29 taped for record and is available for viewing, and 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 34 Section 1: That the City Commission approves the recommended ranking of the three top 35 ranked firms as follows: 36 1. Arquitectonica Int. Corp. 37 2. The Corradino Group 38 3. Zyscovich, Inc. 39 40 Section 2: That the City Commission authorizes the administration to negotiate a fee 41 proposal for desi n, construction document and construction administration of the City of 42 South Miami 73r Street Retail and Garage project with the first ranked firm. 43 44 Section 3: That if the City is unable to negotiate a satisfactory contract with the first 45 ranked firm the City must formally terminate the negotiation and undertake negotiations 46 with second ranked firm, failing that undertake negotiation with the third ranked firm. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 73'd Street Retail /Garage project Resolution Page 2 of 2 Section 4: That the negotiated Professional Services Agreement is brought back to the City Commission for approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: ILTA men 2002. Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: statutes - >View Statutes- >2001- >Ch0287- >Section 055: Online Sunshine aushn View Statutes Search Statutes Select Year: •P�a The 2001 Florida Statutes Page 1 of 6 A RI 1 I Constitution Laws of Florida Order Title XIX Chapter _287 View _Entire Chapter Public Business Procurement Of Personal Property And Services 287.055 Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties. - (1) SHORT TITLE. - -This section shall be known as the "Consultants' Competitive Negotiation Act." (2) DEFINITIONS. - -For purposes of this section (a) "Professional services" means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. (b) "Agency" means the state, a state agency, a municipality; a pr licical subdivision, a school district, or a school board. The term "agency" does not extend to a nongovernmental developer that contributes public facilities to a political subdivision under s 380,06 or ss. 163.322.0- 163.3243. (c) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or surveying and mapping, in the state. (d) "Compensation" means the total amount paid by the agency for professional services. (e) "Agency official" means any elected or appointed officeholder, employee, consultant, person in the category of other personal service or any other person receiving compensation from the state, a state agency, municipality, or political subdivision, a school district or a school board. (f) "Project" means that fixed capital outlay study or planning activity described in the public notice of the state or a state agency under paragraph (3)(a). A project may include: 1. A grouping of minor construction, rehabilitation, or renovation activities. 2. A grouping of substantially similar construction, rehabilitation, or renovation activities. (g) A "continuing contract" is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which construction costs do not exceed $500,000, for study activity when the fee for such professional service does not exceed $25,000, or for work of a specified nature as outlined in the contract required by the agency, with no time limitation except that the contract must provide a termination clause. (h) A "design -build firm" means a partnership, corporation, or other legal entity that: http: / /www.leg.state.fl.us/ Statutes /... /SEC055.HTM& Title=- >2001- >ChO287 -> Section %2005 12/20/01 statutes - >View Statutes- >2001- >Ch0287- >Section 055: Online Sunshine Page 2 of 6 1. Is certified under s. 489.119 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or 2. Is certified under s. 471.023 to practice or to offer to practice engineering; certified under s. 481.2.19 to practice or to offer to practice architecture; or certified under s. 481.3.19 to practice or to offer to practice landscape architecture. (i) A "design -build contract" means a single contract with a design -build firm for the design and construction of a public construction project. (j) A "design criteria package" means concise, performance- oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design -build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into negotiated design - build contract. The design criteria package must specify performance- based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. (k) A "design criteria professional" means a firm who holds a current certificate of registration under chapter 481 to practice architecture or landscape architecture or :a firm who holds a current certificate as a registered engineer under chapter 471 to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. (3) PUBLIC ANNOUNCE"-1E AND QUALIFICATION PROCEDURES.-- (a) Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in s. 2.87.0.1.7 for CATEGORY TWO, except in cases of valid public emergencies certified by the agency head. The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration. (b) Each agency shall encourage firms engaged in the lawful practice of their professions that desire to provide professional services to the agency to submit annually statements of qualifications and performance data. (c) Any firm or individual desiring to provide professional services to the agency must first be certified by the agency as qualified pursuant to law and the regulations of the agency. The agency must find that the firm or individual to be employed is fully qualified to render the required servica. Among the factors to be considered in making this finding are the capabilities, adequacy of personnel, past record, and experience of the firm or individual. (d) Each agency shall evaluate professional services, including capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985, and other factors determined by the agency to be applicable to its particular requirements. When securing professional services, an agency must endeavor to meet the minority business enterprise procurement goals under s. 2.87.09451. (e) The public must not be excluded from the proceedings under this section. (4) COMPETITIVE SELECTION.-- http: / /www.leg.state.fl.us/ Statutes /... /SEC055.HTM& Title=- >2001- >Ch0287- >Section% 02005 12/20/01 statutes >View Statutes- >2001- >Ch0287- >Section 055: Online Sunshine Page 3 of 6 (a) For each proposed project, the agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required services. (b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations under subsection (5). (c) This subsection does not apply to a professional service contract for a project the basic construction cost of which is estimated by the agency to be not in excess of the threshold amount provided in s. 287._017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services is not in excess of the threshold amount' provided in s. 287,017 for CATEGORY TWO. (d). Nothing in this act shall be construed, to prohibit -a continuing contract between a firm and an agency. (5) COMPETITIVE NEGOTIATION. (a) The agency shall negotiate a contract with the most ;aaiified firm for professional services at compensation: which the agency determines is fair, competitive, and reasonable. In making such determination, the agency shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump -sum or cost- plus -a- fixed -fee professional service contract over the threshold amount provided in s. 287_._017 for CATEGORY FOUR, the agency shall require the firm receiving the award to execute a truth -in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. (b) Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency must terminate negotiations, The agency shall then undertake negotiations with the third most qualified firm. (c) Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. (6) PROHIBITION AGAINST CONTINGENT FEES. -- (a) Each contract entered into by the agency for professional services must contain a prohibition against contingent fees as follows: "The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or http: / /www.leg.state.fl.us/ Statutes /... /SEC055.HTM &Title=- >2001- >ChO287- >Section %2005 12/20/01 statutes - >View Statutes- >2001- >Ch0287- >Section 055: Online Sunshine Page 4 of 6 registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (b) Any individual, corporation, partnership,_ firm, or company, other than a bona fide employee working solely for an architect, professional engineer, or registered land surveyor and mapper, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of a contract for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083: (c) Any architect, professional engineer, or registered surveyor and mapper, or any group, association, company, corporation, firm, or partnership thereof, who offers to pay, or pays, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or making of any agency contract for professional services shall, upon conviction in a state court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in s. 775,082 or s. 775.083.- (d) Any agency official who offers to solicit or secure, or solicits or secures, a contract for professional services and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon the award or making of such a contract for professional services between the agency and any individual person, company, firm, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a first degree misdemeanor, punishabl- as prc roar c in Is. 775.082 or s. 7.75.083. (7) AUTHORITY OF DEPARTMENT OF MANAGEMENT SERVICES. -- Notwithstanding any other provision of this section, the Department of Management Services shall be the agency of state government which is solely and exclusively authorized and empowered to administer and perform the functions described in subsections (3),, (4), and (5) respecting all projects for which the funds necessary to complete same are appropriated to the Department of Management Services, irrespective of whether such projects are intended for the use and benefit of the Department of Management Services or any other agency of government. However, nothing herein shall be construed to be in derogation of any authority conferred on the Department of Management Services by other express provisions of law. Additionally, any agency of government may, with the approval of the Department of Management Services, delegate to the Department of Management Services authority to administer and perform the functions described in subsections (3), (4), and (5). Under the terms of the delegation, the agency may reserve its right to accept or reject a proposed contract. (8) STATE ASSISTANCE TO LOCAL AGENCIES. - -On any professional service contract for which the fee is over $25,000, the Department of Transportation or the Department of Management Services shall provide, upon request by a municipality, political subdivision, school board, or school district, and upon reimbursement of the costs involved, assistance in selecting consultants and in negotiating consultant contracts. (9) APPLICABILITY TO DESIGN -BUILD CONTRACTS.-- (a) Except as provided in this subsection, this section is not applicable to the procurement of design -build contracts by any agency, and the agency must award design -build contracts in accordance with the procurement laws, rules, and ordinances applicable to the agency. (b) The design criteria package must be prepared and sealed by a design criteria professional employed by or retained by the agency. If the agency elects to enter into a professional services contract for the preparation of the design criteria package, then the design criteria professional http: / /www.leg.state.fl.us/ Statutes /... /SEC055.HTM& Title=- >2001- >ChO287- >Section %2005 12/20/01 statutes - >View Statutes- >2001'- >Ch0287- >Section 055: Online Sunshine Page 5 of 6 contract for the preparation of the design criteria package, then the design criteria professional must be selected and contracted with under the requirements of subsections (4) and (5). A design criteria professional who has been selected to prepare the design criteria package is not eligible to render services under a design -build contract executed pursuant to the design criteria package. (c) Except as otherwise provided in s. 240.20..9(3) or s. 337.11(7), the Department of Management Services shall adopt rules for the award of design -build contracts to be followed by state agencies. Each other agency must adopt rules or ordinances for the award of design -build contracts. Municipalities, political subdivisions, school districts, and school boards shall award design -build contracts by the use of a competitive proposal selection process as described in this subsection, or by the use of a qualifications -based selection process pursuant to subsections (3), (4), and (5) for entering into a contract whereby the selected firm will subsequently establish a guaranteed maximum price and guaranteed completion date. If the procuring agency elects the option of qualifications -based selection, during the selection of the design -build firm the procuring agency shall employ or retain a licensed design professional appropriate to the project to serve as the agency's representative. Procedures for the use of a competitive proposal selection process must include as a minimum the following: 1. The preparation of a design criteria package for the design and construction of the public construction project. 2. The qualification and selection of no fewer than three design -build firms as the most qualified, based on qualifications, availability, and past work of the firms, including the partners or members thereof. 3. The criteria, procedures, and standards for the evaluation of design -build contract proposals or bids, based on price, technical, and design aspects of the public construction project, weighted for the project. 4.. The solicitation of competitive proposa!-, pursuant to a design criteria package, from those qualified design -build firms and the evaluation of the responses or bids submitted by those firms based on the evaluation criteria and procedures established prior to the solicitation of competitive proposals. 5. For consultation with the employed or retained design criteria professional concerning the evaluation of the responses or bids submitted by the design -build firms, the supervision or approval by the agency of the detailed working drawings of the project; and for evaluation of the compliance of the project construction with the design criteria package by the design criteria professional. 6. In the case of public emergencies, for the agency head to declare an emergency and authorize negotiations with the best qualified design -build firm available at that time. (10) REUSE OF EXISTING PLANS. -- Notwithstanding any other provision of this section, there shall be, no public notice requirement or utilization of the selection process as provided in this section for projects in which the agency is able to reuse existing plans from a prior project of the agency, or, in the case of a board as defined in chapter 235, a prior project of that or any other board. Except for plans of aboard as defined in chapter 235, public notice for any plans that are intended to be reused at some future time must contain a statement that provides that the plans are subject to reuse in accordance with the provisions of this subsection. (11) CONSTRUCTION OF LAW. -- Nothing in the amendment of this section by chapter 75 -281, Laws of Florida, is intended to supersede the provisions of ss. 235.211 and 235.31. History. - -ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 73 -19; ss. 1, 2, 3, ch. 75 -281; s. 1, ch. 77 -174; s. 1, ch. 77 -199; s. 10, ch. 84 -321; ss. 23, 32, ch. 85- 104; s. 57, ch. 85 -349; s. 6, ch. 86 -204; s. 1, ch. 88 -108; s. 1, ch. 89 -158; s. 16, ch. 90 -268; s. 15, ch. 91 -137; s.7, ch. 91- 162; s. 250, ch. 92- 279; s. 55, ch. 92 -326; s. 1, ch. 93 -95; s. 114, ch. 94 -119; s. 10, ch. 94 -322; s. 868, ch. 95 -148; s. 2, ch. 95 -410; s. 45, ch. 96 -399; s. 38, ch. 97 -100; s. 1, ch. 97 -296; s. 80, ch. 98 -279; s. 55, ch. 2001 -61. http://vAvw.leg.state.fl.us/Statutes/ ... /SEC055.HTM&Title=->2001->ChO287->Section%2005 12/20/01 statutes - >View Statutes -> 2001- >Ch0287- >Section 017: Online Sunshine Page 1 of 1 611ne Suns i e k View Statutes Search Statutes Select Year: 0o1919a _ The 2001 Florida Statutes Constitution Laws of Florida Order Title. XIX Ch_aoter_287 View Entire _Chapter Public Business Procurement Of Personal Property And Services 287.017 Purchasing categories, threshold amounts; procedures for automatic adjustment by department. -- (1) The following purchasing categories are hereby created: (a) CATEGORY ONE: $15,000. (b) CATEGORY TWO: $25,000._ (c) CATEGORY THREE: $50,000. (d) CATEGORY FOUR: $150,000. (e) CATEGORY FIVE: $250,000: (2) The department shall adopt rules to annually adjust the amounts provided in subsection (1) based upon the rate of change of nationally recognized price index. Such rules shall include, but not be limited to, the followings (a) Designation of the nationally recognized price index or component thereof used to calculate the proper adjustment authorized in this section. (b) The procedure for rounding results. (c) The effective date of each annual adjustment based upon the previous calendar year data. History. - -ss. 5, 13, ch. 86 -204; ss. 12, 34, ch. 90 -268; s. 3, ch. 96 -236; s. 17, ch. 98 -65; s. 75, ch. 98 -279; s. 43, ch. 99 -399. Welcome • Session • Cori~nittees •.Legisl_ators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 -2001 State of Florida. Contact us. Privacy .Statement http: //l 99.44.49.2/ Statutes /index.c ... /SEC017.HTM& Title=- >2001- >Ch0287- >Section %2001 12/20/01 } TO ' d _idi0l l CITY OF SOUTH MAW pVICFS NOTICE FOR PFIOFM iO SER Pursuant to Chapter 2137.055, Florida Statutes, the City of South Miami will retain a tears of consultants to provide professional ArchiteeturaV Engineering and Construction Adrninistration services for the proposed 73rd Street mixed use project. The City is contemplating building this multilevel mixed use Project 21 the oxisting municipal parking tot located on SW 73rd Street and between SW Seth Ave. and 59th Court. The proiect, Contains approximatety 20,000 sgft of retail space at to first level and a total of 250 to 350 parking spec- es. The City will require a very high level design for this Proposed Project to promote the ambiance envisioned by the Wometow Plan fg dd to of fi- clently, eftectivety and economically enhance the physical quality of the -City of Pleasant Living% in order to fulfill such needs and to meet the requirements for special- ized services, the City intends to retain the services of a qualified archhOC- turallengineering arm for preparing design, construction and other necds sary contract documents., and providing construction administration. Only firms with similar experienca, aproven track record of successfully deliv- ering proiects on time and on budget, and pi^rmsiwi��a ate e�o� of chitscturat excellence In the design 9 to apply. To be eligible for selection Consideration, interested Consuitant$ must submit one (t) original and four (4) copies of the following information: 1) Narna of firm(s), specify as to type of ccntfa '...at ar •'"ment between firms, and certificato(s) of authori2a to offer proonat sional services through the Florida Department Regulations, as applicable, from prime as well as supporting firms. 2) Proof of authorization 10 transact business in the State from the Florida Secretary of State, from prime as well as Supporting firms 31 Proposed organization chart Identifying key Professionals and their area of responsibilities. a} Appropriate current Federal 254 and 255 forms showing the firm's :data and supporting the firm's aDittry to pertorm each cafe- gory of work required. 5) List of recent client references with contact names and late - phone numbers. The deadline for submissions is December 21, 2001, at 2:00 p.m. Firms must submit the aforementioned information to Office of the City Clerk, City of South Miami, 6130 Sunset Dave, South Miami, Florida 33143. For furtner information, interested parties may contact Mr. Subrata Basu, AfA. AiCP, Assistant Cif : Manager at 305.9K3 9344• Please be advised that the City of South Mlarni comply with Miami- Cade County's Cone of Silence ordinance Requests for information must be made in writing. noreaa Taylor, CMC City Clerk 01- 8- 101I217629M 11)30 i213 a DAILY BUSINESS REVIEW PROOF Customer: CITY OF SOUTH MIAMI Contact: CITY OF SOUTH MIAMI Phone: 3056636340 I�vIO'd �+'`99zbL�0' M3IA3a �S3hiISii3 4�INQ I:OL jG_i��r— SO —J3iI ATT93WOrr 3 II U II � II u z ii Fw-. ii II G. pp II j II o C y 00 a cn W M pL Ii W CA U apiM�-oo it ¢ �M "•"' = II ¢ a°iM°O� II � po�'o ¢ O U. 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M..3 0 p 3 o u Z o •- a,.cd 3 O •- I >••, p •- �NUE —w 3 r� 'n -, - .. 3 > n E- -'T 4. 3 04> II N- 2E-•LL. 3 W N ° N U GA CcY C.. � N BMX _O E— IT za�o� c cu 0 a 0 c w bD a M i _ C6 0 CO �4 C7- W II � II Q II � II cd O z 2 II Q o II = ci M OU v] E II C2 z o II °M a u t7 °L' II d :Z `Y' ¢ W o o Q 11 O o W ���p o Q D0.1p Q II Z >�r'� U ¢ II G7NN U�� v � Gz. � � �••� � �� Q ^�� x;°23 II a��NvN�,� •> Q o ao o c 00 00 E it D p o II U 5 Z �M'' �p ° II Q M d° S C C II _ �M N> o U tU d �} U M M s II Ci ON a, m Q II U U� O Ov .�knW) ; �l'� II cQn mkn U ,, _Av� v II Q3rs.v _�v� N v W_oMO >, 2� °oo� III UZ..opo U "�onc i F" as >y O Q 3 I W 'n E 3 ai a> I Z E M QN s, X �CD x II � X U II �p ca_ 3^ c M o o. M..3 0 p 3 o u Z o •- a,.cd 3 O •- I >••, p •- �NUE —w 3 r� 'n -, - .. 3 > n E- -'T 4. 3 04> II N- 2E-•LL. 3 W N ° N U GA CcY C.. CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Charles D. Scurr, City Manager From: Subrata Basu, ACM/ Planning Director Subject: Professional Services Consultant Selection Date: 12/20/01 It is recommended that you make the following appointments for the upcoming Competitive Selection process for Architectural/Engineering consultant team for the 73`d Street Retail /Garage project. Certification and Selection Committee David Silver, President, Red Sunset Merchants Association Mark Richman, Property owner Jean Francios LeJeune, University of Miami School of ArcE rc cture Subrata Basu, AIA, AICP, Asst. City Manager/ Planning Director Ajibola Balogun, Director, Engineering and Construction The Committee first determines whether or not the consultant is qualified to provide the services requested and whether or not the proposal is complete. The Committee - then ranks the Consultants on how well they can provide the requested services and will recommend at least three to your office and in turn to the City Commission for final selection. If the above appointments are satisfactory, please sign below and return a copy. Thank you. Approved: Charles D. Scurr, City Manager (B (0 W Y L E NNQi 1.1. N d V fC fY ' r Q O L Cl) d iS1 � _ � ^L^`` W L 'L V E ci to � 0 , @.. O......0 06 Cl) Lu C N +. L � •O M ~ �+ � (B d t > 111 N O V w NO E Q E 06 .� C p 0 O fA p U Z Co O N W N c C m o -5a U CL U) 0 Y L E NNQi 1.1. E LL O 0 E m Z ATTACMENT 5 M Co L .Q K- Y C .2 fC fY ' r Q O L , � ^L^`` W X L o .Q E 0 C O � 0 , @.. O......0 06 «) C N +. O 3 � =5 O (B O_ o O U_ E N 06 .� O 0 c Q EO 0 N O C E o -5a C O U Y �je D cLa C Q — ¢ rr M 0 > °o C. a ' O or v F a U) _ n— ) U Cu LO a O a LO a O O L C' >. O O C a) O V' M L O Q 6 N m U) LL N U ccM N G M i- a m �o co U E n .O . C20 CL •�^ O 0 Cl m Q Urban Design o =_ c (D Struct o C U C d LO � N > o Q Q Arch. r 0 a o E LL O 0 E m Z ATTACMENT 5 M Co L .Q K- .2 ' r Q CO CO L , LO � ^L^`` W L 0 � 0 U U) 06 N +. O 3 O N =5 O (B o O U_ E N O 0 c Q 0 L o L) 06 C o U cLa O Q — ¢ (p 2 06 U ' O or ¢ L ui ° U) _ n— a LO a O a LO a O O L C' >. O O C a) O V' M L O Q 6 N m U) LL N U ccM N G M i- N d V C G'> � C L L ,c^t; V � i W O L = (6 ti W N O N O g L E E m p CUa) cu C � j N w .- -) T N N ±+ O vamp o Y (B E ry Y E. �. 0 t0 LL N L 1 ,N: O U) O O E C E N N O m (n E O N U c m o � � c 0 > m W J T C C Y � U N co O O y � c m a 0 U N � U � od ON CL =O C 01 y (� o m c ° c o ° ° m u 0 o ° U O °� U `o t D C" U Z Q N m Cl) U- CI F To: a" 1927 -X- 0 Rip. Excellence, Integrity, Inclusion Honorable Mayor, Vice Mayor and City Commission Re: MEMORANDUM Date: January 22, 2002 From: Charles Scurr REQUEST Agenda Item Cell Tower 143 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CELL TOWER; REQUESTING YMCA TO NOT ENTER INTO LEASE AGREEMENT WITH AT &T WIRELESS SERVICE; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Feliu and Commissioner Wiscombe request AT &T Wireless Service and the YMCA to not enter into a lease to use the property for a cell tower site. The Mayor and City Commission fulfilled their legal responsibility in approving the application but they do not want a cell tower to be located at the YMCA property because of its close proximity to residential areas. RECOMMENDATION Approval is recommended. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CELL TOWER; REQUESTING YMCA TO NOT ENTER INTO LEASE AGREEMENT WITH AT &T WIRELESS SERVICE; PROVIDING AN EFFECTIVE DATE. WHEREAS, AT &T Wireless Service applied for a special use permit to install and operate a stealth cellular communication tower on property owned by the YMCA at 4300 S.W. 58th Avenue; and, WHEREAS, the Mayor and City Commission of the City of South Miami approved the application by Resolution no. 156 -01- 11304, pursuant to the requirements of law for the conduct of a quasi-judicial hearing and the findings that the application is consistent with the city's comprehensive plan and complies with all applicable requirements of the land development code; and, WHEREAS, the Mayor and the City Commission fulfilled their legal responsibility in approving the application but they do not want a cell tower to be located at the YMCA property because of its close proximity to residential areas. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The Mayor and City Commission respectfully request AT &T Wireless Service and the YMCA to not enter into a lease to use the property for a cell tower site. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 22'd day of January, 2002 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ever-striking. RESOLUTION NO. 156 -01 -11304 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 PLACE A STEALTH CELLULAR COMMUNICATIONS FACILITY (FLAGPOLE) ON THE YMCA PROPERTY LOCATED AT 4300 S.W. 58h AVE., WITHIN THE "PI ", PUBLIC / INSTITUTIONAL ZONING DISTRICT WHEREAS AT &T Wireless Service, on behalf of YMCA., property owners of 4300 S.W. 580' Ave. has submitted an application for a special use to allow a stealth cellular communications facility (flagpole) to be placed on property located at 4300 S.W. 58h Ave., within the "PI" Public / Institutional Zoning District; and WHEREAS, Section 20 -10.6 of the South Miami Land Development Code provides that a stealth communications facility is permitted in a " PP' Public / Institutional Zoning District as an accessory use pursuant to a special use approval process;and `.ealth communications facility is subj: -.ct to r ec uir.:rlent .�. minimum standards specified in Land Development Code Section 20 -10.4 in addition to compliance with conditions set forth in Land Development Code Sections 20- 3.4(A) and 20 -5.8, applicable to all special use approvals and WHEREAS. The approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, The Planning and Zoning Department staff recommended approval of the proposed special use; and WHEREAS, on May 29, 2001, the Planning Board voted 4 -3 to recommend approval of the special use request; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: (2) Section I: That a special use approval is hereby granted for placement of a stealth communications facility (flagpole) on property located at 4300 S.W. 58"' Ave., as shown on the revised plans dated October 8, 2001, is hereby approved subject to the following conditions: (1) This special use permit shall be valid as long as the entire property currently zoned "PI ", Public/Institutional Zoning District remains zoned as such (this condition shall not apply in the case of a City of South Miami initiated rezoning). (2) A solid, natural ficus hedge, minimum 8 -foot high, shall be installed and maintained around the electrical facility building for the purpose of screening the facility building and fencing from view. (3) This special use permit shall be conditioned upon the maintenance of the required landscaping and the existing trees on the subject property which sufficiently conceal and screen the communications tower from surrounding residential properties, or a replacement of such landscaping ;zrtf" >e5 of similar height, - number and foliage; Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 16th ATTEST: CITY CLERK (as amended) READ AND APPROVED AS TO FORM �/ 4 6-,,11,,', CITY ATTORNEY day of October, 2001 APPROVED: � ' S MAYOR COMMISSION VOTE: 4 -0 Mayor Robaina: Recused Vice Mayor Feliu: Yea Comm. Bethel: Yea Comm. Russell: Yea Comm. Wiscombe: Yea CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: January 18, 2002 FROM: Charles D. Scurr SUBJECT: Agenda # I City Manager Commission Meeting January 22, 2002 Melrose Nursery, Inc. REQUEST The purpose of this memorandum is to recommend the approval of the attached resolution to have Melrose Nursery, Inc., install trees and hedge materials along 64th Street and 62 Avenue in front of the walled community. BACKGROUND & ANALYSIS The renaissance of the landscaping in the City of South Miami continues. The area of 64th Street and 62 Avenue will be revitalized by the installation of trees and hedge materials beautifying this walled community. The Parks & Recreation Department has received the following bids: Melrose Nursery, Inc. $6,350.00 Davis Landscaping & Maintenance, Inc. $7,680.00 Land Lovers Design & Maintenance, Inc. $10,350.00 Lowest bidder is Melrose Nursery, Inc. Disbursement of funds will be taken out of account number 001 - 2050 -519 -4625, "Landscape Improvements ". Approximate available balance is $24,000.00. RECOMMENDATION Approval is recommended. Covmiedon Ma4om Nwsery Well ProjeR 20p2 i I Resolution No. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO 5 A CONTRACT WITH MELROSE NURSERY INC., TO PROVIDE LANDSCAPING 6 MATERIALS FOR SW 64.. STREET AND 62 AVENUE IN THE AMOUNT OF 7 $6,350.00; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 8 2050 -519 -4625, "LANDSCAPE MAINTENANCE ". 9 10 WHEREAS, pursuant to Article III, Section 5, H, of the City Charter requires bids 11 be obtained for services and or purchases of items over $5,000.00; and 12 13 WHEREAS, We continue the development and enhancement of areas in the City of 14 South Miami: and 15 16 WHEREAS, The Parks & Recreation Department received three bids: 17 18 Melrose Nursery, Inc. $6,350.00 19 Davis Landscaping & Maintenance, Inc. $7,680.00 20 Land Lovers Design & Maintenance, Inc. $10,350.00 21 and 22 23 WHEREAS, Melrose Nursery, Inc., has submitted a low bid of $6,350.00; and 24 25 WHEREAS, This local and very reputable company will enhance the area of 64th 26 Street and 62 Avenue by installing trees and hedge materials. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. That a purchase order be awarded to Melrose Nursery Inc., in the 32 amount of $6,350.00 for the above mentioned. 33 34 Section 2. Charging the disbursement to account number, 001 - 2050 -519 -4625, 35 `Landscape Improvements". 36 37 Section 3. This resolution shall take effect immediately upon approval. 38 39 PASSED AND ADOPTED this day of January 2002. 40 41 42 ATTEST: APPROVED: 43 44 45 CITY CLERK MAYOR 46 47 READ AND APPROVED AS TO FORM: 48 4[^(9( CITY ATTORNEY J V M&We Nwery Inc 2002 Well Area Our .E quipment b Designed do Meet A ?Y Problem December 13, '()Cl City of South Miami Parks & Recreation Dept 6130 Sunset Drive South Mkard, Fl. 33143 Attn: Mr. Doug Baker Dear Mr. Baker: John C Fritz NURSERY, INC. L1,1925 ZaWd"4#6ef smeee" DESIGNS • LAWNS HEDGES • TREES 26100 S.W, 112th Avenuc Homestead, Florida 33032 Phone: (305) 258 -3411 - Fax: (305) 258-1381 We are herewith submitting proposal to provide landscaping for the Southwest 64 Street & 62 ,,kvenue site for the City of South Miami. equested material and installed cc 300 - Plumbago 3 gal @ $ 8.00 ea ...... .............................. $ 2,400.00 75 Allamanda Ane yellow 3 gal Cai $ 12.00 ea ........................... 900-00 25 Silver Buttonwood trees 6' ht (a) $ 95.00 ea ......... ................. '1 111,375.00 5 c,y. Mulch Cd 45.00 c.y. . .......... ............................... 675.00 Total cost for above material ....... ........... $6,350-00 Above proposal would include delivery and installation of above plant material and removal of all debris caused by our work frorn site. Our proposal would not include any irrigation system, rough grading of areas to receive landscaping, removal of asphalt pavement or sidewalks or removal of construction debris Thanking you foi, this inquiry and hoping to be of future service, we mmin Very truly yours, " IROSE NURSERY, INC. 0 0 John C. Fritz 0 1 FROM : DAIJ I S LANDSCAPING & MA I NT. ____ FAX NO. : 30524 79790 Jan. 16 2002 10: 12AM P1 Davis Landscaping & Maintenance, Inc. 4%�� NAMEIADDRESS Doug Baker { city of South Miami { QTY PROPOSAL DATE 1115/02 _ ... -_ --------------------- _! SNIP TO i i { f DESCRIPTION V FATE TOTAL Landscaping package including- 3 00 I Plumbago 3 Gal. 75', 25. 210 15 10 Yellow Allamenda tine 3 Gal Silver Buttonwood Trees 15 Gal. Standard Sags = 15 Yards, Cypress Mulch Subtotal Optional: Yards, Compost Mix installed Bags, 8 -10 -10 Landscape Mix Subtotal 0:00 j 10.00 115.00 3.00 ! 35.00 20.00 2,700.00 750.00 2,875.00 630.00 6,95&00 I 525.00 200.00 725.00 i i i I j s are guaranteed for six months w /proper watering, i T-OTAL $7,680.00 We hereby propose to furnish labor, service and materials complete in accordance with the above specifications for the sum reflected with payment to be made as follows: 60% deposit required with balance due upon completion. Ali material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra casts will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control Acceptance of propel: The above primes, specifications and oQnditions are hereby acepted. You are authofted, tv do the work as specified. Payment -Wil be made as outlined above. � ; kv,l F •€ SIGNATURE FRLDM : LPHD LOVERS PHOPHE HO. . 30 52349311 Dec. 27 21=01 04 :41Pf1 P1 FAX COVER SHEET Land L ovom Design & Afaintanance, Inc. 15000 sw 200 sr. Miami, Fl, 33181 Telephone: (305) 234 -3377 Pax: (305) 234 -9811 F R[Jf I LAND L IND L0VFRS DEVGN cat .Af41,N7`Elv.,1XCYE, INC. 15000 S ff. 200 ST AfWfl,, FLORIDA 33187 TF_I - (,..3115. )234 -3377 Website: �su t>. jp:b llsauth: ;tt�rtllutac lo�rerscl sa ru�zclrnuir�tena��ce PROPOSAL SUBMITTED TO: City Qf South .i1fiami Parks Dept. Atm: Air. Doug Bakrer 6130 SSW 72,54 South Miami, Fl, 33143 .SATE: December' 2 7., 2001 77iis proposal is for the performance ref landscape as indicated below, Land Lovers Design & Maintenance, Inc, shall perfbr in, firnish and install the ff olhnving., z L arxd cape: Plants: Quantity Twe Gumbo Limber /S1 r! 1r r Silver .Buttonwood 'I f ee Other A-ltaterieals- QtatIM4, T11-7v 3 yar els 50 --50 Afiix 5 yards Cypress .lint h Grad;-, 11. Size 18- 2.f, Wakedi F -8 i. .3 gul. 3 goal. Plant Back - Filling: All plands tihiall be bcaclfilled 1vitft 50 -50 mix and fertilized. PA A E 'TSB, f ayrrrent is required as fallvu's 5091,', upon acceptance and signing vt prrjp0,qa1: $S,175,00 Baleance elite upon completion of ob: 5 5,175.00 A I.S`/ monthly interest shall accrue on remaining unpaid balances. Failure to nwke payment may result in litigation. In the event of litigation the cutilomer may be responsible,fiir any attt rney :sfges or cost incurred by the cnntrarlor. CITY COMMISSION AGENDA City Commission Meeting Meeting date: February 5, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: February 19, 2002 Phone: (305) 663 -6340 Time: 7 :30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi - judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance D. Presentation(s)(7:00 p.m.) Holiday Food Drive Contributors Commissioner For Women Honorees REGULAR CITY COMMISSION 1 AGENDA - February 5, 2002 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes Regular Meeting January 15, 2002 Regular Meeting January 22, 2002 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; AMENDING RESOLUTION NO. 7 -02- 11356, WHICH APPOINTED PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; PROVIDING AN EFFECTIVE DATE 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $8,000.00 TO R.N. PALMER ROOFING CO. FOR INSTALLATION OF A NEW ROOF FOR THE SYLVA MARTIN BUILDING AND CHARGING THE DISBURSEMENT TO ACCOUNT 1- 0000 - 219-72 -10 ""CAPITAL IMPROVEMENTS - SYLVA MARTIN "; PROVIDING AN EFFECTIVE DATE 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION (S) /PUBLIC HEARING (S) There are none RESOLUTION (S) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE ADMINISTRATION TO EXECUTE AN AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC TO CONSTRUCT THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER FOR A GUARANTEED MAXIMUM PRICE OF $3,000,000; PROVIDING AN EFFECTIVE DATE. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO ADMINISTER A CONTINGENCY ALLOWANCE OF AN AMOUNT OF NOT TO EXCEED $100,000 FOR THE REGULAR CITY COMMISSION 2 AGENDA - February 5, 2002 ADMINISTRATION AND OWNER INITIATED CHANGES FOR THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AT MURRAY PARK AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN AGREEMENT WITH MIAMI -DADE COUNTY FOR THE LEASE OF TWO COUNTY - OWNED MINIBUSES FOR AN ANNUAL SUM OF ONE DOLLAR ($1.00), AUTHORIZING THE -CITY MANAGER TO EXECUTE THE LEASE AGREEMENT AND ALL NECESSARY DOCUMENTS, AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR A FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY PLANNING ASSISTANCE GRANT IN THE AMOUNT OF $10,000 TO STUDY TRANSIT ORIENTED DEVELOPMENT IN SOUTH MIAMI. 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR BIRD- ROAD LANDSCAPING MEDIANS' FROM 65TH AVE TO SW 57TH AVENUE ON SW 40TH STREET; AND UPON AGREEMENT THAT MAINTENANCE OF THE COMPLETE PROJECT SHALL BE HANDLED BY THE CITY. 3/5 ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REDS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. ff PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 285.0105, "THE CITY HERESY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS REGULAR CITY COMMISSION 3 AGENDA - February 5, 2002 MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 4 AGENDA - February 5, 2002 January 15, 2002 Mr. Charles Scurr South Miami City Manager 6130 Sunset Drive South Miami, FL 33143 RE: SW 84th Terrace between 57th Ave. and 5e Ave., South Miami, FL Dear Mr. Scurr: Pursuant to our last meeting at the City of South Miami and our most recent conversations, please be advised that the undersigned owners of the properties bordering the North side of the Parkside Village, hereby confirm our agreement to receive from the City the ownership of the 25 feet of SW 84th Terrace running along the back of our properties. As you know, we have been waiting for the resolution of this matter for over two years and we will like to see it brought to a conclusion satisfactory to all. We would appreciate your advising us what steps will be taken in order to accomplish the transfer of the respective properties to the undersigned. We look forward to hearing from you at your earliest convenience in order to conclude this matter. Sincerely, tephane Gressier 5740 SW 8 St., South Miami, FL ter k84 y 5760 SW St., S uth Miami, FL o W. Shaw 5 70 SW 4' St., South Miami, FL e J. Ba Ito 90 SW 4t` St.; South Miami, FL Monika Gressier Rita . asulto MEMORANDUM To: Honorable Mayor, Vice Mayor Date: February 5, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager Appointing Pollworkers for February 12, 2002 General Election REQUEST .A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; AMENDING RESOLUTION NO. 7 -02- 11356, WHICH APPOINTED PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution amends Resolution No. 7- 02- 11356, which appointed poll workers for the City of South Miami's General Election being held on Tuesday, February 12, 2002. Mary M. Covoletski was named as one of the Inspectors for this General Election has advised the City Clerk's office that she is no longer available to work that day. Thomas .Cheesborough, an experienced poly worker with Miami -Dade County has expressed his willingness to work this General Election. This resolution removes Mary M. Covoletski as an Inspector for the City of South Miami's General Election and adds Thomas Cheesborough as a replacement for Ms. Covoletski. RECOMMENDATION Approval is recommended. 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, RELATING TO ELECTION; AMENDING RESOLUTION NO. 7- 02- 11356, WHICH APPOINTED PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING- HELD TUESDAY, FEBRUARY 12, 2002; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Resolution No. 7-02 - 11356, which named Mary M. Covoletski as one of the Inspectors for the City of South Miami's General Election being held on February 12, 2002; and WHEREAS, Ms. Covoletski has informed the Clerk's office that she is no longer available to work during the City's General Election; and WHEREAS, Mr. Thomas Cheesborough, an experienced election poll worker has expressed a desire to work the City's General Election on February 12, 2002. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Resolution No. 7 -02 -11356 is hereby amended by removing the name Mary M. Covoletski and inserting the name, Thomas Cheesborough. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: 2002. RESOLUTION NO. 7 -02- 11356 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL E- LECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $1,600.00 WILL BE CHARGED TO ACCOUNT NO. 01 -1200- 512 - 4920 ENTITLED " ELECTION "; PROVIDING AN EFFECTIVE DATE. WHEREAS, a General Election for the City of South Miami to elect a Mayor for a two year term; Commissioner from Groups I and IV for four year terms has been called for Tuesday, February 12, 2002, in the City Commission Chambers, 6130 Sunset Drive; and WHEREAS, to conduct this election the Commission must appoint sufficient personnel to staff the polling place from 6:00 a.m., until the completion of their task. NOW THEREFORE BE IT RESOLVED- BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The following individuals have been identified to work this General Election: Moises Amado Yaber, Clerk; Gloria Madelin Yaber, Deputy Clerk; Harold Berman, Angelica Martinez Garcia, Juan R. Gonzalez, Celestina Hernandez, Ronda Aletha Holmes, Dorothy Evan Mickens, Elaine Mills, Maria Luis Rodriguez, Laureano Torres, Beatriz Trueba, Jude Bagatti Angela Agular, Mary M. Covoletski, Angeline M. Rodriguez, and Jean M. Turner; and Sylvia Hados and Thomas Mackiewicz as stand by. Section 2. $1,600.00 entitled will be "Election." Disbursement in an amount not to exceed charged to account No. 01 -1200 -512 -4920 Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 22nd day of January 2002. ATTEST- /CITY CLERK APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: 5 -0 Yea Yea Yea Yea Yea SDUT� o 1, South Miami Al. 'Ca City INCORPORATED 1 1927 toRt'Q 2001 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: January 22, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager Appointing Pollworkers for February 12, 2002 General Election REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $1,600.00 WILL BE CHARGED TO ACCOUNT NO. 01- 1200 -512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution appoints poll workers for the City of South Miami's General Election to be held on Tuesday, February 12, 2002. Disbursement in an amount not to exceed $ 1,600.00 will be charged to Account No. 01- 1200 - 512 -4920. RECOMMENDATION Approval is recommended. 01'00'02 12:25 $`305 375 1036 MIAMI -D3DE ELEC2 HIERE 0S THE PLAID Date To: Company: Fax Noy: 3,05 j From: Izabal A. aloncro _—� company. Miami-Dads Elections Dept. Pollworicer Sectlon Prone No.: -- 305. 375 -5583 Fax No.: 305.375.1036 No. of pages.T Including cover - -� F:r A, i t CL i X1001 01,03 02 12:23 $305 375 1036 MIAMI -DADE ELEC2 Z 002 Page 1 01- 03- 2002 i'Lssi.gn.ed Pollworkers Scrccn Print 1.0:08:37 Precinct G06 Election SOUTH MIAMI 12/12/'200? (020212) Cert # Name Po5 HP Party Class Cd Rt Dt At t-1 .00- 823523 YA13E111,, MOISES AMADO C 762 R No -00-- 210205 Y'1BER, GLORTA MADELIN A 762 R Nc 00- 266592 BEP -M_AN, HUzROLI) 2 622 D No 00- 691304 G-7�RCIA, ANGELICA MART I 331 R No -0U- 957749 GONZALEZ, JUAI�T'R I 563 R No 00- 2783'/7 H:ERNANDEZ, CE'<,ESTIITA I 710 D No 01- 367574 HOLIVIES, RONDA ALETHA 1 621 D No 00- 486577 MIrKENS DOROTHY EVAN 1 621 D No 00- 325642 MILLS, LLAINE 1 606 D Nc 01- 899172 RODRIG`L7 -Z, MAMA LUIS I 706 Ll D7o 02- 031703 TORRES, LAURrANO 1 759 n No -00-452335 TRUEBA, BEATFIZ I 563 R Nc 00- 228115 BAGATTI, JUDE D 624 D No 02- 07286 =0 A.GUTAR, ANGELA S 418 R No 00- 229935 COVOLETSKI, NARY M S 606 r, N,-� 00- 190427 nADOS, SYLVI -. 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I I I illtE � `a ,�PIII i,l N iu N I ;y 7 rt 1= - f(U'j C rt c O N r o 1T n 0 K y f x •• I N n H, � I u a � 1 I rn 1 � f u I m a n j N- lj I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; 6 APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; 8 DISBURSEMENT WILL BE CHARGED TO ACCOUNT NO. 01 -1200- 9 512 -4920 ENTITLED -- ELECTION''; PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, a General Election for the City of South Miami to 13 elect a Mayor for a two year term; Commissioner from Groups T and 14 IV for four year terms has been called for Tuesday, February 12, 15 2002, in the City Commission Chambers, 6130 Sunset Drive; and 16 17 WHEREAS, to conduct this election the Commission must 18 appoint sufficient personnel to staff the polling place from 6:00 19 a.m., until the completion of their task; and 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. The following individuals have been 25 identified to work this General Election: Moises Amado Yaber, 26 Clerk; Gloria Madelin Yaber, Deputy Clerk; Harold Berman, 27 Angelica Martinez Garcia, Juan R. Gonzalez, Celestina Hernandez, 28 Ronda Aletha Holmes, Dorothy Evan Mickens, Elaine Mills, Maria 29 Luis Rodriguez, Laureano Torres, Beatriz Trueba, Jude Bagatti, 30 Angela Agular, Mary M. Covoletski, Angeline M. Rodriguez, and 3i Jean M. Turner; and Sylvia Hados and Thomas Mackiewicz as stand 32 by. 33 34 Section 2. This resolution shall take effect 35 immediately upon approval. 36 37 38 PASSED AND ADOPTED this day of 2002. 39 40 41 ATTEST: APPROVED: 42 43 44 CITY CLERK 14AYOR 45 46 COMMISSION VOTE: 47 READ AND APPROVED AS TO FORM: Mayor Robaina: 48 Vice Mayor Feliu: 49 Commissioner Bethel: 50 CITY ATTORNEY Commissioner Russell: 51 Commissioner Wiscombe: 52 cW '�_ t�. �> fs' CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: February 5, 2002 FROM: Charles D. Scurr 60RE: Agenda Item # City Manager YwL Sylva Martin rood repair �a The attached resolution seeks Commission approval of $8,000.00 expenditure associated with the installation of a new roof for the Sylva Martin Building. BACKGROUND The roof at Sylva Martin building which houses office space and City's Central Services purchasing department has deteriorated over the years. The single roof damage and deterioration has caused underlayment nails to shoot up through shingle material causing water leaks. Over the past two years, the leaks have worsened in severity and the trouble locations have increased. The situation has reached a point where "spot fixing" will not remedy the problem. Most of the roofing companies that have examined Sylva Martin's roof have concluded that an entire new roof is required. ANALYSIS Several roofing companies have conducted on -site evaluations of Sylva Martin. Of these, three have provided price quotations for re- roofing of Sylva Martin. The recommended vendor is R. N. Palmer who is third generation of roofers since 1920. R. N. Palmer Roofing Co. has done various roof installations for the City of South Miami and is the lowest bidder with a quote of $8,000.00 and a ten -year guarantee. Funding for this expenditure will come from account number]- 0000 - 219- 72 -10, "Capital Improvements — Sylva Martin ". The balance on the account will be $7,908.75 after this expenditure. I continued... MAYOR AND COMMISSION FEBRUAY 5, 2002 PAGE TWO CONCLUSION AND RECOMMENDATION The roof leakage at Sylva Martin building needs to be addressed. The situation can result in equipment, furniture, and storage material damage and may contribute to an unsafe environment. This expenditure will result in a properly protected building for years to come. Therefore, approval of the resolution calling for the proposed street name scheme is recommended. The recommended vendor is R. N. Palmer who is third generation of roofers since 1920. R. N. Palmer Roofing Co. has done various roof installations for the City of South Miami. Attachments JUN-04-2001 08:40 PM P.02 �i � E � � � 11` OF REMLAP ROOFING GO. dtbe8 Miami Office: R.N. PALMIER ROOFING IT 3555 N.W . 74th Street "TNRi<F GENERATtoNS OINCe 1920° Miami, FL 33147 PROPOSAL StJaf.11"ED To PHONE Citv Of South Miami (305)2x2- 0234 6TREET 6i30 Sunset Dr. vary, STATE AND ZIP CODE South M,i',ami, Fl. ARCHITOCT We hereby sub we propose 16 specifications and satimstll DATE JOB 305- 696 -6767 Fax: 305. 696.1606 June 1_,2001 shingle roof only exleting roofing down to sheathing board& of to a Smooth and workable surface at and haul away all debris. On Sloping 'Section: APPLY if One #30 asphalt felts tincapped as per building code. INSTALLS New galvanized save drip to all open eaves. INSTALLS New galvanized valley metal to all open roof valleys. INSTALLS' New lead stack flashing% to all plumbing ,stacks. APPLY S Three tab shingle, (your choice of color)., in accordance with local building code. WOODWORK: One hundred feet sheathing or three sheets of plywood included fro in proposal.Additional replaced at $2.75 per lineal foot for sheathing or 111155.,00 per sheet of plywood #1.50 for furring strbp.l+acial replaced at #3.79 per foot,rafters,rafter tails, soffit,insulatin etc.Soffit,insulation,recove board,wood nailers' and dutchgutter replace at the rate of $45.00 per man hou plus- material.All other fastening will be charged accordingiy.All above appl to standard lumber on one story application.Ventilation installation if . required will be an additional charge.Additional charges for but not limited to woodwork and additional labor above and beyond original contract price shall be due and owing at the completion of said work. GUARANTEE 'IM, year guarantea on _. �soct and a �' yaat guarantee on --roof is in force upon completion and payment in full_ We warts nl lheaa roofs for pflnods indicated sgSinlr ildurry warts mansh ip Furthermore, In* amount e10e4 herein it Subject to art interest charge of 19% pet annum on past oua atfounis Undersigned assumes responsibility for aft cost$ Of collection, including feasonabie altornay's fee, Manufacturers warranty what# appiizabte will be issued - yeg 1 o AHt hereby to furnish fnatertat and tabor - compfate in swordance With above specifications, flat the sum of: Eight thousand 8,000.00 tioliare {S ) V%fabW"bVposi t, 40% on sub roof, balance on completion. All material la guatantaed to be as apaoiQad. All work to be completed In a Workmanlike manner according to standard: practices. Any alisralion or deviation from above oie an hng will e e as Sagre ct upbecm extra charge over and above the AN ema is contingent on etrlkre Waldenta or delays beyond our control_ Owner to carry lira, tornado, and other naoawy insurance. Our wotksm are fully covered by Workman's Compatwation inaufanoa: .Afrpptatlrr of Proposal - The above prices. specifications and conditions am sadiafaototy and are hereby accepted, You ate euhorifud to do the work as spaolffed. Payment will be made as outlined above. of Acceptance: Authorized Signature Voter This proposal may be withdrawn by us if not accepted within Signature Signature PLEASE READ BOTH SIDES CAREFULLY Mgay- 15 - 01 02:20P S J Roofing 1- 305- 887 -7183 P -01 & J Roofing Contractors, Inc. 173 W. 22nd Street Phone: (3 )5) 887 -7779 Hialeah, FL 33010 Fax: (3 )5) 887 -7183 State License. #: CC. CO 42815 Visit our Web Site at www.siroofing.com Shingle Only N4.02 1 Contract To: City Of South Miami Date: Home TeL 6130 Sunset Drive work Tel: 305- 282 -0234 FL Celt Tel: 305- 750 -2279 Job Address: 6130 Sunset Dr Fax #: 305 -668 -7208 SC -of Work We hereby submit specifications and estimates subject to all terms and conditions as set forth herein, and listed as follow: Total roof size: 5,000.00 sf 1) Pull appropriate city permit. 2) Tear down existing roof to a smooth workable surff ce. 3) Remove all deteriorated and rotted wood up to 100 In-ft. of sheating. Wood replacement necessary over 100 In.fl. will be charged as follows: Sheathing: 52.40 In-ft. Fascia: $ 3.65 In-ft., Rafters Ends: $4.001n.ft, Pave Spacer $0.35 in.ft., 518" Plywood Sheathing $60.00 each, T -111 Sheati:tg $80.00, Soffit Work: $90.00 sheet, 1:x4 :Board $5.00 ln.ft., 6" Screen Molding 50.85 In.fl., 1/4" Molding $0.85 ln.ft. (Special quote for Soffit work if needed). 4) Re -nail wood sheathing (when required). 5) Install UL #30 type 11 felt underlayment tin capped 6" O.C. ready for inspection. 6) Install new drip edge metal and flashing Galvanized , 3" O.C. 26 Ga. (1l2" clearance from facia). * 7) Install 18" UL #30 Type 11 Felt underlayment tin ca sped 6" on center ready for inspection. * 8) Install Fiberglass asphalt shingles fungus resistant. Shingle color: Cypress Tan 25yr. . 9) Replace all lead flashing and roof vents (except gas vents). I0) Eaves, rakes, valleys, gable ends and starter course to be set 8" of roof cement. 11) All work to be done fully accordingly to the South Florida Roofing Code. 12) Ten (10) years guarantee against leaks. 13) Pick up all debris from premises. Past -it °" Fax Note 767 - From To 42_it T�.rn� Co. /Dept. C° "y (� Phone Phone '� jV �_ C�L�3`i Fax N •]�. M 1 L v Fax N (*) Inspection required by City to proceed with work. y of ;.� _ ..pages► l P," r. mil. f1P � Page 4 of 2 Clay -15 -01 02_20P S 0 Roofing 1 -305- 887 -7183 P.02 S & J Roofing contractors, Inc. 173 W. 22nd MWIPur "OAVF(J"Mr ?jgfy9.com Shingfe Only -V4.02 Hialeah, FL 33010 Fax: (335) 887 -7183 State License. #: CC. CO 42815 NOTE remove roof nails of property and prevent injury. 2) Pool will be covered and protected with tarp to prevent dirt and nails from getting inside. 3) Existing gutters (if any) need to be removed to perfc rm roofing work. Gutters will not be re-installed- Quote will be given upon request. CONTRACT PRICE ................... $9,000.00 Comments: Install 20 If of cobra vent at ridge section (included in ontract price). Installation of TERMS: 10% as deposit ... ............................... $900.00 40% when starting the job ....................... $3,600.00 40% when the shingles are delivered ........... $3,600.00 ** 10% upon completion ............................ $900.00 ( * *) Final Inspection required by City. Each draw needs to be paid before we proceed with the next phase.. (including extra carpentry work) AUC EPTANCE OF PROVISIONS TO THIS PROPOSALfCONTRACT Note: this proposal may be withdrawn by Authorized Guillermo Perez GttillePerez,a'•sjroofing.com us if not accepted within thirty days. Signature "S & J Roofing Contractor's Inc." Date: Accepted: the prices, specifications, and conditions of this proposal/con- tract as outline above and on the additional page are hereby accepted. You are hereby authorized to do the work as specified with payment as outlined above Signature Signature City Of South Miami Page 2 of 2 May -15 -01 02:20P 5 J Roofing 1 -305- 887 -7183 P.03 �L.Lj. Jutn -06 -01 01 :'IIP FLORIDA ROOF TECH (305)558 4883 P.03 s; Florida Roof-Tech Corp. i 2730 West 78 Street, Hialeah, FL 330141 Tel (305) 557.96851 Fax: (305) 558 -4883 _aL A M R'7 N, 7 iv— ?. -7f5 To: Phone: - ` Date: ht r.'; `;!jN -SEr DRIVt Street: - - _ Job Name`;AM;= xr -AM. l"; : City, State, Zip •= �i• - - _��. 3�1..3 Job Location?~araF PROPOSAL - CONTRACT " FLORIDA ROOT -TECH WOULD LICE TO TH AINK YO Ft R T;�E OPf: EVALUATE AND ESTIMATE YOUR P?OOGINIG '`lt=FsTS AT THE :tC OI' L ,n 1. Tear off existing roof down to wood deck; or smooth workable surfar_p Z. Replace ail rotten wood on the roof up to 100 iin. Ft, at no ei(ira c4jj't t_o c ntrai -t pri. =. Fc•, adclitio ai `130d, please refer to the Lumber Price List i, - -cl., 1 in -tali one p y of the anchor sheet ASTMD 26.. type II i i'30 lbs i oc^' { '•t tife lanicaliv ,attached to the ±:;rood deck: vifth approved nai , in o�nr<,, < -- _ t�R r t C t�litlT `CrOf system PI-Od J_¢ Control Approval 3r South Flor -da Build ;nc COT __ Tapter 34. 4. Furnish and insnil all new mil roof a,- ,_essones using Pot less than. ,', cl -3i galvanized. - _ 5. Fu;rash and ;rist ll all pipes r-0o per ti tt -ationr clashing viith aprrcve r edd slee fe ':t. instdl riel•v rave- dtip 26 gauge. galvaril?ctl It(E'f,Yf ftif- Lllr; }fTt-±'ipr S'T t..3t' f3S+:: -ta 7, QVer' installed anchor sheet, instair [)aver runty Apprntre.d shlnajer 3, ' Ne° teY a9tL� that the shingles i8latiltl- 3L =.`.irtr° 3tfi? r_±'�(tt� +.�itll tle- THREE A,� r�TNG F Upon con— 1pletion Of F-0 -Frog cork we :`;hd :l ; enla e iii debris it <'s the work; area and surroundings clean and rn neat: :oncliticins.. 9, A;l necessary lir:etTse. insurance. taxes, and Permit few are Includeu it thl-L, proposal. tCi, All w3rL-, shall he performed in acc�rdanc.e 141th Roof System Frodui_-c "_Dntrol Approval and Couth Florida Building Cod, th.spter 34. 11. Conttactoi guarantee that all 'hart faals lltriiisTed Wi ! be. Gf 3taii3ard q_,a;; v£ t :pe And condition. The contrarte-rguara itee's' it's Work: against - any ;40- L:—Tanstilp defect for .I period of 10 Year, from the clay of in;taiiation, NOTE: I THE ROOF IS EXPOSED, FLORIDA ROt-.)F -TECH IS NOT REEPi?p.Pfiti� +E FOR DEBRIS EgTFgIt4G THE H00 F OR DAMAGES' CAUSE BY T11E WHEN REPL AcJ,'J i A :tr`CF 'iTa H AN' E.W :POSE.''.1 CCT LING. x ASBESTCl'zi TEST IS INCILUDF- -) Irt THIS CONTRACT PRICE, IF Fu:`_,-rr,q! ASBFE:;T( ])g IS F(lti! >i?!. FlE " } <`i (.4, +_ i5 r'3! °1h :EEQ Ec PC3NISI8It7Tt WE PROPOSE TO FURNISH LABOR & MATERIAL COMPLETE IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS FOR THE SUM OF ELEVcta T HOl,SAND Eis reiT ti fi F4t Flr i DOLLARS ($ PAYMENT TO BE MADE AS FOLLOWS: 25% WHFN COI TRACTL NIGNIED '5" /o vVH. FN jO8 ltl?ti BEEtd iA:R EIS, TERMS: FLORIDA ROOF-TECH CORP. NET CASH • NO DISCOUNT INVOICES ARE DUE WHEN RENDERED GENERAL TERMS AND CONDITIONS ON REVERSE BY: THIS BID MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 90 DAYS: When this bid is accepted please sign and return yellow copy which will be our order to proceed with work and when approved by our t;redit @apartment constitutes the entire agreement of the parties. Attention is directed to the Gonad Terms and Conditions set forth elsewhere in. this o c edit, which are incorporated herein by reference and made a part hereof. All work to be done or guaranteed shall be set forth in specifications, no promises. contract, t, which are will be valid. The undersigned accepts the above job at the price quoted and agrees to pay for said work promptly upon completion of same as herein specified. If any sums are due Collected by suitor demand of an attorney or collection agency then the undersigned agrees to pay all Cost, including reasonable altotney's fees for collection. DATE: ACCEPTED 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $8,000.00 to R. N. PALMER ROOFING CO. FOR INSTALLATION OF A NEW ROOF FOR THE SYLVA MARTIN BUILDING AND CHARGING THIS DISBURSEMENT TO ACCOUNT 1- 0000- 219 -72 -10 "CAPITAL IMPROVEMENTS — SYLVA MARTIN"; PROVIDING AN EFECTIVE DATE. WHEREAS, the Sylva Martin office houses a substantial array of valuable equipment and documents. City's Purchasing Department uses the facility to house personal computers, printers, copy machines, mail machines. The building is also used as storage for paper goods, and; WHEREAS, the roof of this building is in a state of disrepair, thereby jeopardizing the day to day operation and causing damage to office equipment due to water leaks, and; WHEREAS, the Sylva Martin building requires the installation of a new roof. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has obtained the following three bids from qualified roofing firms: R.N. Palmer Roofing Co. $8,000.00 S & J Roofing Contractors, Inc. $9,000.00 Florida Roof -Tech. Corp. $11,850.00 Section 2 The City Manager is hereby authorized to disburse the sum $8,000.00 to R. N. Palmer Roofing Co. Section 3. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 51h day of February, 2002. ATTEST: City Clerk READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: Mayor Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: N? CITY OF SOUTH MIAMI my INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: February 1, 2002 Agenda Item# From: Charles D. Scurr Comm Mtg. 02 -05 -02 City Manager Re: Authorization to execute a contract with Dooley & Mack Constructors, Inc. for the Multipurpose Center at Murray Park REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE ADMINISTRATION TO EXECUTE AN AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC TO CONSTRUCT THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER FOR A GUARANTEED MAXIMUM PRICE OF $3,000,000 AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: In June 2001, the City Commission authorized the administration to retain the services of Dooley & Mack Constructors, Inc. as a Construction Manager @ Risk for the Multipurpose Center at Murray Park. The agreement with Dooley & Mack Constructors required them to work with the architect /engineers and the City through the design phase to conduct constructibility review and provide value engineering to keep the project within the allocated budget. The Administration, the Architects and the Construction Manager have successfully completed the negotiation for a Guaranteed Maximum Price of $3,000,000 to construct the Multipurpose Center at Murray Park. The sources for funding the project are the Safe Neighborhood Program $1,720,116; Florida Recreation Development Assistance Program $200,000 and City's match of $1,319,284. This contract primarily includes the building and the on site utility work. It should be noted that a separate contract, funded through Miami Dade Office of Economic Development Department, will be let out for the parking lot, landscaping, watermain extension and the entrance feature with traffic calming for 58th Place as a companion proj ect. RECOMMENDATION: It is recommended that the City Commission authorize the City Administration to execute an agreement with Dooley & Mack Constructor, Inc. for construction of Multipurpose Center at Murray Park. Attachments: Proposed resolution. Guaranteed Maximum Price. 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 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE ADMINISTRATION TO EXECUTE AN AGREEMENT WITH DOOLEY & MACK CONSTRUCTORS, INC TO CONSTRUCT THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER FOR A GUARANTEED MAXIMUM PRICE OF $3,000,000 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to retain a qualified Contractor to construct the City of South Miami Multipurpose Center in Murray Park and WHEREAS, having gone through a competitive selection process the City retained Dooley & Mack Construction Corporation pursuant to Florida Statute 287.055 as a Construction Manager @ Risk, and WHEREAS, the City, the Architects and the Construction Manager successfully negotiated a Guaranteed Maximum Price, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission authorizes the City Administration to execute a Construction Contract with Dooley & Mack Constructors, Inc. for a Guaranteed Maximum Price of $3,000,000. Section 2: That the funding for the project is provided for through Safe Neighborhood Program and associated City matching fund; and Florida Recreation Development Assistance Program. Section 3: That the executed Construction Contract is made a part of this resolution. Section 3: That the resolution is effective immediately. PASSED AND ADOPTED this day of , 2002. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Thursday, January 31, 2002 Mr. Subrata Basu City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: Murray Park Multipurpose Center - Phase II Project No. E7948 - Guaranteed Maximum Price Dear Subrata: We have revised our Guaranteed Maximum Price for the Murray Park Multipurpose Center Phase II. The total price is now $3,000,000.00 with the following notations: A) Landscaping is to be done by others. B) Monument sign has been deleted. C) The owner will provide temporary electric service and pay usage costs. D) Paving, base, curbing, wheelstops, site signs„ markings and offsite utilities will be done by others under a separate contract with the owner. E) Sunscreens on the south elevation will be per revised drawings dated 1/16/02. F) Mechanical screens on the east and west elevations have been replaced by an extended parapet: G) Contract is based on using an alternate roofing; system by GAF Materials Corporation that has been submitted to the architect for approval. H) Interior storefronts will be in hollow metal frames instead of aluminum. I) Skim coat plaster on interior partitions is included in room's number 107, 122, 12' ) and 124 only, other scheduled rooms are to have a standard drywall finish. J) 1st floor bathrooms will have ceramic tile floors. K) 2nd floor lobby and fitness area will be carpeted. L) Cementitious Terrazzo is included in the 1St Floor Lobby and Lobby Stairs only. All other areas scheduled to have Terrazzo or carpet will have vinyl tile. M) TV Brackets and residential appliances will be provided by others. v) Gym Divider Curtain and Vol ieyh .ti F,minment have been deleted, Electrical ; rough i.n for curtain and scoreboard will be provided as indicated. O) Floor mats at east and west Gym exits have been deleted. P) Gymnasium sound system has been deleted. Rough -in electrical provisions for future installation will be provided. Q) Exterior up lights and the new panel for site lighting will be provided as detailed on the 100% Construction Documents Dated l /16/02. R) Bell South relocation charges will be paid by others. C__-\STT-UCTION MANAGERS FLCGCAO1C63 GENERAL CCNTRACTCR4 11971 N.W. 37th Street Coral Springs, Florida 33065 (954) 345 -8288 Fax (954) 345 -9041 1 SARASOTA, FLORIDA * FT. LAUDERDALE * NASHVILLE, TENNESSEE * ATLANTA, GEORGIA * DALLAS, TEXAS Included herewith please find a copy of the Estimate Summary Report. With the above exceptions all items in our GMP Proposal of 1/16/02 remain in effect. Should you have any questions or comments, please do not hesitate to call. Sincerely, DOOLEY AND MACK CONSTRUCTORS, INC. Kim Swetich Chief Estimator cc: Michael Butler Geoff McCorkle Javier Torres File 2 ESTIMATE SUMMARY WORKSHEET Doole &Mack Constructors, Inc: - Project: Murray Park Multi urpose Center - Phase 2 BID NO: JE7048 22,574 JSF Date: 1 1/16/02 1/31102 NO. I DIV. (DESCRIPTION Contractors Estimate BID Subs /Notes RE -BID Notes 1 101000 GENERAL REQUIREMENTS GENERAL CONDITIONS 290,863 378,012 D & M 290,863 Reduce Burden, Temp Elect & Security excluded I I 2 02000 DIVISION TWOSITEWORK !DEMOLITION 10,350 29,537 Redland 29,537 ,EARTHWORK ° 28,230 1 34,313 Redland 34,313 STORM DRAINAGE ° 29,100 36,579 Redland 36,579 ,SANITARY SYSTEMS ° ! 3,825 1 3,825 D & M 3,825 - (DOMESTIC WATER ° 5,000 1 In fire water FIRE WATER 63,955 68,477 Redland 68,477 PAVING ° 73,730 By Others 02821 'FENCING 02900 LANDSCAPING &IRRIGATION ° 56,580 51,847 Conco/Waterboy 15,200 Irrigation On TERMITE TREATMENT ° 21215 3,000 3,000 SIDEWALKS 17,983 4,000 4,000 iMONUMENTSIGN ° 5,000 5,000 deleted 3 03000: DIVISION THREE- CONCRETE ;CAST IN PLACE CONCRETE ° 463,721 526,438 Buildtec 543,238 Increase parapet (PRECAST JOISTS & SOFFIT BEAMS 29,321 43,645 SPI 43,645 'LIGHT WEIGHT CONCRETE ° 10,200 in roof I I ! 4 DIVISION FOUR - MASONRY 04200'jMASONRY I 145,569 in cons ! I 5 05000! DIVISION FIVE - METALS 05120!STEEL 76,261 360;634 Steel Fab 193,978 Delete Mach. Screens MISC METALS ° 6,313 In Steel 6 06000! DIVISION SIX- WOOD &PLASTIC ROUGH CARPENTRY 10,748 1 10,748 _ 10,748 _ CUSTOM CABINETS ° j 38,515 38,515 Cayman 38,515 I I 7 DIVISION 7- THERM. &MOIST.PROT. 0751.1. WATERPROOF /DAMPPROOF 1_! i 1,250 1,250 1,250 BUILT -UP ROOF ` 143,270 98,804 GRI 82,360 Alternate GAF System. !JOINT SEALANTS ° 3,452 3,452 3,452 INSULATION 7,293 7,677 7,677 I I � 8 j DIVISION EIGHT - DOORS & WINDOWS j 08110i HOLLOW METAL 1 9,535 28,210 Firedoor 28,210 08210 !WOOD DOORS ° 5,664 in HM 08710iFINISHHARDWARE 16,557 in HM LABOR TO INSTALL DOORS/ HARDW) ° 7,000 7,000 08310'; ACCESS DOORS ° 963 963 963 08333 'SPECIAL DOORS 2,500 2,452 American 2,452 osaoo',GLASS &GLAZE 139,202 159,863 R.L. Concepts 150,063 HM interior storefront 9 09000!DIVISION NINE - FINISHES j 72. i 89,450 66,030 l 09200 (STUCCO P Technology Contractors, Delete skirn coat 09250 DRYWALL 71,81,.. 78,074 RJ13 78,074 09310 HARD TILE 29,704 29,704 Mike Des:; n 34,504 Add 1st FI Baths 09650 WOOD FLOORING ° 59,063 50,243 Trident 50,243 09511 ACOUSTICAL ° 3,494 8,000 Acousti 8,000 T 096501RESILIENT ° 2,194 in carpet 9,360 Vinyl tile in lieu of Terrazzo & Carpet 09705 !TERRAZZO 69,738 109,113 Kiassic Koatin s 24,626 Lobby & Stairs only 096801 CARPET ! 14,938 12,548 Gemini 6,818 2nd FI Lobby & Fitness 09900 !PAINTING ° 57,048 45,574 Color Magic 45,574 i i 10 10000 DIVISION TEN-SPECIALTIES 10100, VISUAL DISPLAY BOARDS ° 461 461 D & M 461 10165TOILETPARTITIONS ! 6,000 10,050 Mardale 10,050 Solid Phenolic 10522I FIRE EXTINGUISHER W /CABINETS ° 6,152 6,152 D & M 6,152 10400; SIGNAGE • ' 2,000 2,000 Allowance 2,000 10505; METAL LOCKERS ° 7,490 3,645 Mardale 3,645 106751 METAL STORAGE SHELVING ESTIMATE SUMMARY WORKSHEET --TDooIej6& Mack Constructors, Inc. Project: Murray Park Multipur ose Center - Phase 2 BID NO: E7048 1 22,574 JSF Date: 1 /16102 1131102 NO. DIV. (DESCRIPTION Contractors Estimate BID Subs /Notes RE -BID Notes -- 10810 JTOILET ACCESSORIES 10,754 I 4,925 Mardale - 4,925 11 11000 DIVISION ELEVEN -EQUIPMENT 11135 TV BRACKETS °` 826 826 D & M By owner 11450 RESIDENTIAL APPLIANCES 1,155 1,155 D & M B owner 11480 ( ATHLETIC /REC EQUIPMENT ` 24,447 39,400 Missco 26,450 Delete Curtain & Volleyball Equip. { 12 hI 12000 DIVISION TWELVE - FURNITURE { 12100 FLOOR MATS 5,046 3,950 GC Building Products 1,300 1 only WINDOW TREATMENT 12664 TELESCOPING BLEACHERS ° 24,948 26,500 Missco 26,500 I { 13 1 DIVISION THIRTEEN - SPEC.CONST. NIA I f I 14 DIVISION 14 - CONVEYING SYSTEMS 14000 ° CONVEYING SYSTEMS ° 34,000 32,079 Schindler 32,079 l I 15 ,DIVISION FIFTEEN- MECHANICAL { 153001 FIRE PROTECTION 29,921 31,465 Arfran 28,465 VE 15400 PLUMBING ° j 1 80,556 84,565 Horizon 79,565 VE 15500' MECHANICAL { 299,208 322,386 Weathertrol 307,386 VE 16 DIVISIONIB-ELECTRICAL 16000 { ELECTRICAL 295,086 253,666 Handsel 228,769 VE; Delete Gymnasium Sound System FPL RELOCATE 10,000 By Others _ {BELL SOUTH RELOCATE ° 27,431 27,431 Allowance By owner 1 I. SUB -TOTAL I 2,949,267 1 3,177,603 2,680,321 I FINAL CUTS { I TESTING FOR CONSTRUCTION 6 I 0.5000% 16,164 13,402 ICONTINGENCY 1 6.00% 193,968 75,646 12.82% (ADJUSTED SUB -TOTAL j 3,387,735 2,769,369 I GENERAL LIABILITY INSUR.- j { 0.2250% 7,622 6,231 O'.C.P. INSURANCE COUNTY BUILDING PERMIT 0.0600% 2,033 1,662 WARRANTY BUILDER'S RISK 9 mo 0.3500%1 8,893 9,693 SUB -TOTAL 1 3,406,283 2,786,955 PROFIT: { 8.00%1 276,943 195,087 7.00% (SUB -TOTAL 3,683,226 2,982,042 DOOLEY & MACK BOND 21,818 17,958 TOTAL BID 1 3,705,043 3 000 000 1 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST Date: February 1, 2002 Agenda Item # Comm Mtg. 02 -05 -02 Re: Owners contingency allowance for the Multipurpose Center at Murray Park A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO ADMINISTER A CONTINGENCY ALLOWANCE OF AN AMOUNT OF NOT TO EXCEED $100,000 FOR THE ADMINISTRATION AND OWNER INITIATED CHANGES FOR THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AT MURRAY PARK AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: In June 2001, the City Commission authorized the administration to retain the services of Dooley & Mack Constructors, Inc. as a Construction Manager @ Risk for the Multipurpose Center at Murray Park to develop a Guaranteed Maximum Price to construct the Multipurpose Center at Murray Park. The Administration, the Architects and the Construction Manager have successfully completed the negotiation for a Guaranteed Maximum Price of $3,000,000. In order to minimize construction delays and to expedite field decisions that are necessary for uninterrupted progress of the construction it is advisable that the Administration is allowed a contingency amount of $100,000 for possible award to either Dooley & Mack Constructors, Inc. or MCHarry Associates Inc.. The use of the contingency amount will be on an as needed basis with prior approval of the City Manager. The money will be used for additional inspections that will be required throughout the duration of the construction period and for City initiated changes, if any or additional work as required. The funding sources are the Safe Neighborhood Program, Florida Recreation Development Assistance Program and the City's match. RECOMMENDATION: It is recommended that the City Commission authorize the City Manager to administer a contingency amount of $100,000 for construction of Multipurpose Center at Murray Park. Attachments: Proposed resolution. 1 2 3 4 5 6 8 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 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO ADMINISTER A CONTINGENCY ALLOWANCE OF AN AMOUNT OF NOT TO EXCEED $100,000 FOR THE ADMINISTRATION AND OWNER INITIATED CHANGES FOR THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AT MURRAY PARK AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, having gone through a competitive selection process the City retained Dooley & Mack Construction Corporation pursuant to Florida Statute 287.055 as a Construction Manager @ Risk, and WHEREAS, the City, the Architects and the Construction Manager successfully negotiated a Guaranteed Maximum Price, and WHEREAS, the City Commission desires to facilitate the construction process and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission authorize the City Manager to administer a contingency amount of $100,000 in order to minimize construction delays and to expedite field decisions that are necessary for uninterrupted progress of the construction. Section 2: That the funding for the project is provided for through Safe Neighborhood Program and associated City matching fund; and Florida Recreation Development Assistance Program. Section 3: That the resolution is effective immediately. PASSED AND ADOPTED this day of , 2002. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: To: Honorable Mayor Date: January 30, 2002 and City Commission From: Charles Scurr Subject: Meetin g 02/05/02— City Manager Lease Agreement with Miami -Dade County for two minibuses REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN AGREEMENT WITH MIAMI -DADE COUNTY FOR THE LEASE OF TWO COUNTY -OWNED MINIBUSES FOR AN ANNUAL SUM OF ONE DOLLAR ($1.00), AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE AGREEMENT AND ALL NECESSARY DOCUMENTS, AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami and South Miami Community Redevelopment Agency ( SMCRA) have been working to provide needed transportation services to the citizens and visitors of the City since the termination of the underutilized South Miami Trolley. To meet the community's need for local transportation services, especially amongst schoolchildren, the elderly and disadvantaged, the SMCRA had authorized the purchase of a new shuttle vehicle to be operated by the City. This significant capital purchase; of over $100,000 was scheduled for December of 2001. Fortunately, City officials learned of a Miami -Dade County program providing shuttle vehicles to municipalities at no significant direct cost. The attached lease agreement would allow the City to acquire two County -owned Ford E40 minibuses for one dollar ($1.00) per year. The agreement requires the City to maintain and insure the vehicles, as well as to provide quarterly progress reports. These requirements can be satisfied by the City via existing resources. The two vehicles will allow the City to implement much - needed transportation services, including transportation for our local schoolchildren, transportation to and from the Senior Citizens Center, special events transit, and remote site parking. RECOMMENDATION Your approval is recommended. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN AGREEMENT WITH MIAMI -DADE COUNTY FOR THE LEASE OF TWO COUNTY -OWNED MINIBUSES FOR AN ANNUAL SUM OF ONE DOLLAR ($1.00), AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE AGREEMENT AND ALL NECESSARY DOCUMENTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami desires to provide transportation services to its citizens, especially its children, the elderly and disadvantaged; and WHEREAS, Miami -Dade County has offered to lease two minibuses at an annual cost of one dollar ($1.00) per year; and WHEREAS, the County's commendable offer of assistance would allow the City to fulfill its desire to provide transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is authorized to execute a Lease Agreement with Miami -Dade County in substantially the form attached as Exhibit "1." Section 2. The City Manager is authorized to execute any other documents necessary to effectuate the subject Lease Agreement. Section 3. This resolution shall be effective upon adoption. PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK R EAD AND APPROVED AS TO FORM CITY ATTORNEY 4 APPROVED: Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: MEMORANDUM TO: Honorable Chairperson and Members Board of County Commissioners FROM: Steve Shiver County Manager RECOMMENDATION DATE: SUBJECT: Lease Agreement with the City of South Miami It is recommended that the Board approve a lease agreement between Miami -Dade County and the City of South Miami for the use of two County -owned Ford E40 minibuses, vehicle number 6019, odometer reading 167334 and vehicle number 6035, odometer reading 194383, respectively corresponding to vehicle identification numbers 1 FDLE40FXTHB62083 and 1FDLE40F5VHA33459, to transport the city's transportation disadvantaged, from the effective date of the agreement through September 30, 2003, for the annual sum of One Dollar ($1.00). The County Manager may extend the term of the agreement for a period not to exceed four (4) years. The County will not incur any costs pursuant to this agreement. BACKGROUND Miami -Dade County, through Miami -Dade Transit (MDT), has been working with the City of South Miami toward the goal of providing transportation services to elderly and disabled individuals, through the use of two County -owned vans. MDT is in support of this action, since it enhances our Transportation Disadvantaged Coordination Program and may increase our annual allocation of Transportation Disadvantaged funds. While these vehicles are no longer suitable to serve MDT, the County will retain ownership, thereby securing the vehicle's resale value for the County and ensuring that the vehicle is used for the purposes outlined below. The City of South Miami shall be responsible for the maintenance and operation of the vehicle and the provision of appropriate vehicle insurance. The City of South Miami shall also be required to return the vehicle to the County in the same condition as it was received, less reasonable wear and tear. The City of South Miami, through the South Miami Community Redevelopment Agency, provides transportation to the transportation disadvantaged. Transportation services include: remote sight parking, special events, transportation to and from the Senior Citizens Center, and a "Magic Shuttle," which will provide transportation to low and middle income school children who may not meet the established criteria for public school busing. The agreement with the City of South Miami will provide two County -owned vans for the entity to shuttle its residents, visitors, and elderly clientele to access programs and services offered and to access medical facilities and shopping areas. Mayor Veto Override RESOLUTION NO. Agenda Item No. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE LEASE OF TWO COUNTY - OWNED MINI -VANS FOR AN ANNUAL SUM OF ONE DOLLAR ($1.00), TO PROVIDE TRANSPORTATION SERVICES TO THE CITY'S TRANSPORTATION- DISADVANTAGED; AND AUTHORIZING THE COUNTY MANAGER TO EXERCISE TERMINATION PROVISIONS CONTAINED THEREIN WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the County Manager; and WHEREAS, the City of South Miami provides or will develop said services of value to the County and has demonstrated an ability to provide these services; and WHEREAS, the County is desirous of assisting the City of South Miami in providing those services by leasing the provider two County- owned vehicles, which are no longer suitable to serve MDT; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSSIONERS OF MIAMI -DADE COUNTY, FLORIDA, that this Board approves the agreement between Miami -Dade County and the City of South Miami, for the lease of two County -owned Ford E40 minibuses, vehicle number 6019, odometer reading 167334 and vehicle number 6035, odometer reading 194383, respectively corresponding to vehicle identification numbers 1 FDLE40FXTHB62083 and 1 FDLE40F5VHA33459 for the annual sum of One Dollar ($1.00), to provide transportation services, in substantially the form attached hereto and made a part hereof; authorizes the County Manager to execute same for and on behalf of Miami -Dade County; and to exercise the termination provisions contained therein. Agenda Item No. Page No. 2 The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner , and upon being put to vote, the vote was as follows: Dr. Miriam Alonso Bruno A. Barreiro Dr. Barbara M. Carey - Shuler Betty T. Ferguson Gwen Margolis Joe A. Martinez Jimmy L. Morales Dennis C. Moss Dorrin D. Rolle Natacha Seijas Katy Sorenson Rebeca Sosa Javier D. Souto , who The Chairperson thereupon declared the resolution duly passed and adopted this day of This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by the Board. MIAMI -DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Approved by County Attorney as By: to form and legal sufficiency. Deputy Clerk SENY SY: CITY OF SOUTH MIAMI; November 6, 2001 663 6345; NOV -14 -01 3:04PM; PAGE 2/2 South Miami bod City of South Miami The City of 1eusant Laving 2001 Mr. Danny Alvarez Director Miami -Dade 'Transit Agency 111 NW 1" Street, 9"' Floor Miami, Florida 33128 RE: City of South Miami Request for Two (2) Surplus .Shuttle Vehicles and Participation in the Local Match Program for New Vehicles Dear Mr. Al varec: It was good to see you the other day. As a follow -up to our discussion, the City of South Miami is very interested in providing local transportation services to the residents and visitors of the City of South Miami. Please consider this letter as an otricial request for two of the County's surplus shuttle vehicles and for participation in the County's local match program for new— vehicles, I want to convey my sincere appreciation to you For informing us of these important opportunities to work with the County to improve our local transportation services. If you have any questions or we can provide you with any additional information, please feel free to contact me or Mr. Greg Oravec, CRA Director at (305) 668 -7238, Very truly yours, d/Z Lv Charles D. Scurr City Manager e: Honorable Mayor & City Commission Honorable Commissioner, Rebeca Sosa, District 6 Honorable Commissioner, Jimmy Morales, District 7 6130 Sunse[ !.)rive, Noulh Miami, Florida 33143 (3 O5) 663 - 6338 / (30.5) 663 -6345 (far) VEHICLE LEASE AGREEMENT This Agreement, made this day of , 20_ , by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafl referred to as the "County ") through its Miami -Dade Transit (hereinafter referred to as "MDT "), located at 111 N.W. First Street, Suite 910, Miami, Florida 33128 -1912, and the City of South Miami, having offices at 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as the "Provider ") states conditions and covenants for the lease of two County -owned vehicles from the County. WITNESSETH: WHEREAS, the Home Rule Charter authorizes Dade County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the County Manager; and WHEREAS, the Provider provides or will develop services of value to the County and has demonstrated an ability to provide these services; and WHEREAS, the Provider is desirous of providing certain transportation services; and WHEREAS, the County is desirous of assisting the Provider in providing those services by leasing the Provider two (2) County -owned vehicles; NOW, THEREFORE, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. INTENT AND PURPOSE This Agreement constitutes a lease and not a sale of the Vehicles described in Article IV, Equipment. The purpose of this Agreement is to effectuate a lease of two (2) County - owned vehicles from the County to be used by the Provider solely for purposes described in the Scope of Services incorporated herein and attached hereto as Attachment A. The Provider agrees to render services in accordance with the Scope of Services, Attachment A. U. EFFECTIVE TERM Both parties agree that the effective term of this Agreement shall be from the date of execution to September 30, 2003 for the total annual sum of One Dollar and No/ 100 ($1..00) per vehicle payable in advance to the Miami -Dade Transit at the address first 1 a rr written above. By written amendment to this Agreement, the County Manager may in his /her sole discretion allow the Provider to retain the Vehicles by extending the term of this Agreement for a period not to exceed four (4) additional years as long as the Provider continues to provide the service described in the Scope of Services, Attachment A, or another service that the County Manager determines to be of value to the County. If so extended, all terms and conditions of this Agreement shall be in full force and effect. If the Provider disbands, becomes defunct or in any way ceases to exist or if the Provider ceases to provide the service described in the Scope of Services or another service of value to the County as described above, or if this Agreement is terminated by the County, the Provider, or agreement of the parties, the Provider shall immediately return the vehicles to the County. In the event the Provider fails to immediately return the vehicles, the County shall have the right to immediately repossess the vehicles. III. TITLE AND CONTROL The County hereby warrants to the Provider that the County holds title to the Vehicles. The Vehicle's certificates of title shall remain in the name of the County. The Provider shall be responsible for inspections; licensing and procurement of a registration and license tag in accordance with applicable State of Florida and local laws. IV. EQUIPMENT The Vehicles leased hereunder will be County -owned vehicle number 6019, Vehicle Identification Number 1FDLE40FXTHB62083, and vehicle number 6036, Vehicle" Identification Number lFDLE40F5VHA33459. The Provider will not change the identification numbers of the Vehicles. V. INDEMNIFICATION BY PROVIDER The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may suffer as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners, principals, subcontractors, invitees, passengers or any other person or entity. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issues thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. 2 VI. INSURANCE 1. Modification and Changes The Provider shall notify the County of any intender changes in insurance coverage, including but not limited to any renewals of existing insurance policies. Upon review of the Provider's Scope of Services (Attachment A) by the County's Risk Management Division, the County may increase, decrease, waive or modify any of the following insurance requirements. Any request by the Provider to decrease, waive or modify any of the following insurance requirements must be approved in writing by the County's Risk Management Division. 2. Minimum Insurance Requirements: Certificates of Insurance The Provider shall furnish to Miami -Dade County; c/o Contracts Management Division, 111 N.W. First Street, Suite 2130, Miami, FL 33128 -1912, Certificate(s) of Insurance indicating that insurance coverage has been obtained which meets the requirements as outlined below: a. Worker's Compensation Insurance for all employees of the Provider as required by Florida Statute 440. b. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. c. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the Services, in an amount not less that $300,000 combined single limit per occurrence for bodily injury and property damage. 3. Classifications and Ratings The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the Services or operations described in the Scope of Services (Attachment A). All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less that "B" as to management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. 3 f f, The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates of Insurance shall indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. 4. Failure to Provide Certificates of Insurance If the Provider fails to furnish the County with the Certificates of Insurance or written verification required under this section or as determined by the County's Risk Management Division after review of the Scope of Services (Attachment A), the County shall not release any vehicle until it is provided with the necessary. Certificates of Insurance or written verification. Failure to provide the Certificates of Insurance or written verification within sixty (60) days of execution of this Agreement may result in termination of this Agreement: VII. PROOF OF LICENSURE AND CERTIFICATION; COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, RULES AND /OR ORDINANCES If the Provider is required by the State of Florida or Miami -Dade County to be licensed or certified to provide the services outlined in the Scope of Services (Attachment A), the Provider shall furnish a copy of all required current licenses or certificates to the County prior to release of the Vehicle to the Provider. Examples of services or operations requiring such licensure or certification include but are not limited to child care; day care, nursing homes, boarding homes. If the Provider fails to furnish the County with the licenses or certificates required under this Section, the County shall not release the Vehicle until it is provided with such licensesi or certificates. Failure to provide the licenses or certificates within sixty (60) days of execution of this Agreement may result in termination of this Agreement. The Provider shall ensure compliance with all applicable Federal, State, and local laws, regulations, rules and ordinances. VIII. WARRANTIES Except with respect to title, the County makes no representations or warranties of any kind respecting the Vehicles, whether statutory, written, oral or implied, and the County has not made and does not hereby make, nor shall it be deemed by virtue of having leased the Vehicles pursuant to this Agreement to have made any representation or warranty as to the merchantability, fitness for a particular purpose, design or condition of, or as to the quality of the workmanship in the Vehicles all of which are expressly disclaimed and the County shall not be liable, in contract, tort or otherwise, on account of any defect, 0 I, I, whether hidden, latent or otherwise discoverable or nondiscoverable respecting the Vehicles. The Provider accordingly agrees not to assert any claim whatsoever against the County based on any such defect. The Provider further agrees, regardless of cause, not to assert any claim whatsoever against the County for loss of anticipatory profits or consequentin damages. IX. MAINTENANCE, INSPECTIONS REPORTING AND MODIFICATIONS The Provider and County agree that maintenance of the Vehicles is the sole responsibility of the Provider. The Provider shall comply with all the County's maintenance programs and maintenance schedules, at its own cost and expense, as outlined in Attachment D, and employed as of the date hereof by the County for similar equipment. The Provider shall use the Vehicle only in the manner for which designed and intended and so as to subject it only to ordinary wear and tear. The Provider agrees to perform or cause to be performed, at its sole expense, any additional maintenance deemed necessary by the County. This includes, but is not limited to, revisions in maintenance schedules, longer term schedules which may become due while the Vehicles are in the Provider's possession, and special maintenance projects. Such additional maintenance shall be reasonable and in keeping with good maintenance practice. Nothing in this Agreement or County maintenance program shall be construed as limiting the obligation of the Provider, at its own cost and expense, to maintain and service the Vehicles in accordance with prudent industry practice, including testing and repair of the Vehicles so that the Vehicles will remain in as good operating condition as when delivered (ordinary wear and tear excepted), and in compliance with any and all applicable laws and regulations, and suitable for immediate use by the County upon return delivery, pursuant to Article MI. In no event shall the Vehicles be maintained or scheduled for maintenance on a basis less frequent than the maintenance as outlined in Attachment D. The Provider shall provide, at its sole expense, any and all additional maintenance which in its judgment becomes necessary. If the Provider does not maintain or repair the Vehicles or pay all operating expenses as this Agreement requires, the County may terminate this Agreement. The County reserves the right to suspend the use of the Vehicles by the Provider and terminate this Agreement where the County has determined such suspension is in the best interest of the health, safety and welfare of persons and property. Upon expiration or termination of this Agreement, the Provider shall provide the County with all records of maintenance activities. X. ASSIGNMENT 5 The Provider shall not sublease, rent, assign, transfer, grant a security interest or encumber the leasehold interest in, or otherwise transfer Provider's interest in a way that affects Provider's possession or use of the Vehicles under this Agreement without the prior written consent of the County. The Provider shall not, without the prior written consent of the County, part with the possession or control of, or suffer, or allow to pass c out of its possession or control the Vehicles, except for repairs or maintenance by outside contractors. m XI. USE Operation of the Vehicles is the sole responsibility of the Provider and Provider; agrees that the Vehicles shall be operated in accordance with all applicable laws, ordinances, rules and regulations. The Provider agrees that it will not: a. allow unlicensed drivers to drive the Vehicles. b. use or allow the Vehicles to be used illegally, in the commission of a crime, or contrary to the provisions of - any applicable insurance policy or law, regulation, rule or code. c. use or allow the Vehicles to be used improperly, to tow any trailer or other vehicle, drive in any race or speed test or contest, or to be used for hire. d. remove the Vehicles from the United States. e. alter, mark or install equipment in the Vehicles without the County's written consent. f expose the Vehicles to seizure, confiscation, forfeiture, or other involuntary transfer, regardless of whether the vehicles were the subject of formal judicial or administrative proceedings, g. transport any property deemed hazardous by reason of being flammable, explosive, fissionable or corrosive; or any contraband material. h. load the Vehicles beyond the manufacturer's stated passenger and weight capacity. XH. DELIVERY AND RELEASE The County will cause the Vehicles to be tendered to the Provider at MDT Coral Way Facility, 2775 S.W. 74 Avenue, Miami, Florida, 33155. Prior to delivery and release of 6 f, ?e the Vehicles to the Provider, the Provider shall independently inspect the Vehicles and make a determination that the Vehicles are fit for the purposes for which the Provider intends to use such vehicles. After inspection and prior to delivery the Provider shall sign a release so stating. The Vehicles will then be jointly inspected by the County and the Provider immediately prior to release to the Provider. Delivery &A acceptance of the Vehicles shall be deemed to occur only upon execution by the County and the Provider of an Inspection and Delivery Certificate with respect to each such Vehicle, substantially in the form attached as Exhibit 1 hereto. The Provider agrees that it is accepting the Vehicles as is and acknowledges that they are used vehicles. On expiration or termination of this Agreement such Vehicles will be jointly inspected immediately upon return to the County by the Provider. The Provider shall deliver the Vehicles in the same or better condition as when delivered to the Provider, ordinary wear and tear excepted, and the County and the Provider shall execute a similar Inspection and Delivery Certificate as aforesaid. In the event that the Provider shall return the Vehicles to the County in a condition which is not in the same condition as delivered, ordinary wear and tear excepted, the Provider at its sole cost and expense shall make all required repairs. XIII. RISK OF LOSS The Provider will have the risk of loss of the Vehicles once it takes possession of the Vehicles and shall remain liable as provided in this Agreement until such Vehicles are returned, inspected and accepted by the County. XIV. ACCIDENTS, LOSS OR DAMAGES In the case of accidents or other loss or damage to or involving the Vehicles, the Provider shall: a. immediately notify the County of any accident involving bodily injury or property damage. b. complete and file with the County a written accident report within three (3) days of the accident or loss. c. cooperate fully with the County, its agents or representatives in all accident investigations and or settlements. d. compensate the County for any and all monetary losses in case of accidents or other loss or damage. XV. COUNTY INSPECTIONS 7 The Provider agrees to allow the County to inspect the Vehicles at any reasonable time and place. The Provider hereby grants to the County the right to enter upon the Providers facility insofar as may be necessary to enable the County to verify compliance with all aspects of this Agreement, including without limitation, conducting inspections, studies, surveys or investigations related to this Agee -went. The Provider shall immediately remedy any item found not to be in compliance with this Agreement unless the County agrees in writing to allow the Provider additional time for compliance. If the defect or deficiency posses a danger, the Provider shall not use the Vehicle(s) until the defect or deficiency is repaired. XVI. CONFLICT OF INTEREST The Provider agrees to abide by and be governed by Dade County Ordinance No 72 -82 (Conflict of Interest Ordinance, codified at Section 2 -11.1 et al. of the Code of Miami- Dade County); as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. XVII. CIVIL. RIGHTS The Provider agrees to abide by Chapter 11 A, Article IV of the Code of Miami - Dade County ( "County Code "), as amended, which prohibits discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S. C. § 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair Housing Act, 42 U. S.C. § 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County.` If the Provider violates any of the Acts during the term of any contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. XVIII. NOTICES Any request, demand, authorization, direction, notice, consent, waiver or other document proved or permitted by this Agreement to be made upon, given, furnished or filed with a 8 I, I ., parry by the other party to this Agreement shall be delivered by hand or sent by certified mail, return receipt requested, and addressed as follows: If to the County: Danny Alvarez, Director Miami -Dade Transit 111 N.W. 1 st. Street, Suite 910 Miami, FL 33128 -1999 If to the Provider: Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Either party to this Agreement may redesignate the recipient or change the address of the recipient of notifications hereunder by notifying the other party to the Agreement to such change in writing. XIX. AUTONOMY Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of support in the form of leased vehicles and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XX. BREACH OF AGREEMENT: COUNTY REMEDIES 1 Breach A breach by the Provider shall have occurred under this Agreement if: a. the Provider fails to provide the services outlined in the Scope of Services (Attachment A) within the effective terms of this Agreement; b. the Provider ineffectively or improperly uses the County funds allocated or vehicles provided under this Agreement; c. the Provider does not furnish the Certificates of Insurance required by this Agreement or as determined by the County's Risk Management Division; d. the Provider does not furnish proof of licensure or certification required by this Agreement; 0 Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement, and the County may withhold any payments to the Provider which may be owed pursuant to any other agreement between the Provider and the County until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action, including, but not limited to, attorney's fees. XXI. TERMIlVATION BY EITHER PARTY Both parties agree that this Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to the effective date of such termination. The County Manager is authorized to terminate this Agreement on the behalf of the County. XXH. RECORDS, REPORTS, AUDITS, MONITORING AND REVIEW 1. Progress Reports The Provider shall furnish the County with written quarterly progress reports on the achievement of its goals as outlined in its Scope of Services (Attachment A). The reports shall explain the Provider's progress including comparisons of actual versus planned progress for that quarterly period. The data should be quantified when appropriate. Said reports are due by the 25th day of the month following the end of each quarter. A final report shall be due thirty (30) days after the expiration or termination of this Agreement. The Provider shall provide the County an Annual Operating Report, on forms to be provided by the County, no later than July 1 st of each year. 2. Final Report Upon the expiration or termination of this Agreement, the Provider shall submit a final report to the County no more than thirty (30) days after the expiration or termination of this Agreement. 3. Audit and Inspection of Records The Provider agrees that the County, MDT, the Comptroller General of the United States, or any of their duly authorized representatives, shall, for the purpose of audit and examination be permitted to inspect all work, materials, payrolls, and other data and records with regard to this Agreement, project, and to audit the books, records, and accounts with regard to this Agreement. Further, the Provider agrees to maintain all required records for at least three years after the County makes final payments and all other pending matters are closed. 12 < < Y C XXIII. PUBLICITY By the acceptance of the Vehicles, the Provider agrees to ensure that all publicity, public relations, and advertisements recognize the County for the support of its services. The use of the official County logo, colors or name on the vehicle ;is not permit slur:. XXIV. SUB - CONTRACTS The parties agree that no assignment or sub - contract will be made or let in connection with this Agreement without the prior written approval of the County which shall not be unreasonably withheld, and that all sub - contractors or assignees shall be governed by the terms and conditions of this Agreement. XXV. AGREEMENT GUIDELINES The Provider agrees to comply with all applicable federal, state and county laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. This Agreement shall be interpreted according to the laws of the State of Florida and proper venue for this Agreement shall be Dade County, Florida. XXVI. MODIFICATIONS Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. The County Manager is authorized to make modifications to this Agreement as described herein on behalf of the County. XXVII. TOTALITY OF AGREEMENT /SEVERABILITY OF PROVISIONS This Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Miami -Dade County Affidavits Attachment C: State Public Entities Crime Affidavit Attachment D: Maintenance Exhibit 1: Inspection and Delivery Certificate No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 13 ' 9 t IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written; ATTEST: CITY OF SOUTH MIAMI a Municipal Corporation of the State of Florida By: By: CHARLES D. SCURR CITY MANAGER ATTEST: DADE COUNTY, a political subdivision of the State of Florida HARVEY RUVIN, CLERK By Its Board of County Commissioners By: By: DEPUTY CLERK STEVE SHIVER COUNTY MANAGER Approved by County Attorney as to form and legal sufficiency 14 12/20/01 THU 16:53 FAX 3056387430 MATERIALS MGMT IM002 i r Attachment A AGREEMENT PROGRMI NARRATIVE Section I: General Name of Organization: Address I Phone Number: Contact Person: Agreement Amount: Agreement Period: Section II: Narrative Describe the organization's goal: Describe what is proposed for the vehicle: Describe how those services meet County government mandate: c 12/20/01 THU 16 :53 FAX 3056387430 MATERIALS MGMT fij003 Attachment A Page 2 Section III: Profile of Services Workload measures (Detail type of service and number of clients to be served in each category of service): Unit cost (Detail unit cost for service): Section IV: Statement of objectives (Objectives must be measurable. Be specific and inciude numbers- Quantify and time frame for completions of each): Section V: Organizational support activities Describe how your organization plans to raise additional funds or in -kind contributions: 12/20/01 THU 16:53 FAX 3056387430 MATERIALS MGMT Q004 Attachment A Page 3 Describe how your organization will do outreach and public awareness: Section VI: Personnel Submit an organization chart and identify any positions that are funded in total or in part (state percentages) by Miami -Dade County. Submit job descriptions for each position totally or partially to be funded by Miami -Dade County. I understand that while this information represents a performance projection, I must receive approval from the Miami -Dade Transit Agency prior to any operational or performance variations. Signature and title of person completing the form Print Name Print Title Telephone )12/20/01 THU 16:54 FAX 3056387430 MATERIALS MGMT I, ATTACHMENT B PROCUREM10 WANAGEMENr MIAMI DADE BUSINESS ENTITY AFFIDAVITS being first duly sworn state: The full legal name and business address of the person(s)or entity contracting or transacting business with Miami-Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (if none, Social Security Number) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (If same as above, leave blank) Street Address City State Zip Code I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AF IDAVTT (Seca 2 -8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the , corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses are (Post Office addresses are not acceptable). Full Legal Name Address Ownership % 2. The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) that have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable). 12/05 /0l www.co.miani-dade.fl.us/dpm/ 6 IM 005 12/20/01 THU 16:54 FAX 3056387430 MATERIALS MGMT i x II. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT -County Ordinance No. 90 -133, amending sect. 2.8-1; Subsection (d)(2). The following information and attachments are provided and are in compliance with all items in the aforementioned Section: 1. Does your firm have a collective bargaining agreement with its employees? ❑ Yes ❑ No 2. Does your firm provide paid health care benefits for its employees? ❑ Yes ❑ No Provide a current breakdown (number of persons) of your firm's workforce and ownership as to race, national origin and gender. White: Males Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: Males Females Aleut (Eskimo): Males Females _ Males Females Males Females III MIAMI -DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15) That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, the above named firm is providing a drug -free workplace. A written statement to each employee shall inform the employee about: I. Danger of drug abuse in the workplace 2. The firms' policy of maintaining a drug -free environment at all workplaces 3. Availability of drug counseling, rehabilitation and employee assistance programs 4. Penalties that may be imposed upon employees for drug abuse violations The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug -free workplace policy and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. IV. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 91 -142) That in compliance with ordinance No. 91 -142 of the Code of Miami-Dade County, Florida, the following information is provided and is in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm for at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. 12/05/01 www.co.miami- dadc.fl.us /dpm/ 7 X1006 12/20/01 THU 16:55 FAX 3056387430 MATERIALS MGMT 1 4 x By: (Signature of Affiant) AMTS SIGNATURE PAG SUBSCRIBED AND SWORN TO (or affirmed) before me this by (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public - State of (State) (Date) day of , 20— He /She is personally known to me or has presented as identification. (Serial Number) (Expiration Date) Notary Seal NOTE BY SIGNING AND NOTARIZING TIflS PAGE YOU ARE ATTESTING TO AFFIDAVITS I THRU IV, PAGES b AND 7 OF THIS APPLICATION. TMS APPLICATION WILL NOT BE PROCESSED BY NIAMI;DADE COUNTY AND WILL BE RE'T'URNED TO YOU IF THE REQUIRED AFFIDAVITS OR ANY PART OF THIS APPLICATION IS NOT FULLY COMPLETED, PROPERLY SIGNED AND NOTARIZED. 12/05/01 www.co.miau"ade.fl.us/dpm/ 8 Q007 12/20/01 THU 16 :55 FAX 3056387430 MATERIALS MGMT Q008 ! y i ATTACHMENT C Sworn Statement Under Section 287.133(3) (a), Florida Statutes, On Public Entity Crimes This form must be signed in the presence of a notary public or other officer authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for 2. This sworn statement is submitted by (Name of entity submitting sworn statement) whose business addrers is its Federal Employer Identification Number (FEIN), if applicable, is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is and my (Print or type name of individual signing this statement) relationship to the entity named above is 4. I understand that a `public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction', as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or polo contendere. Page 1 of 3 ,12/�0/O1 THU 16:55 FAX 3056387430 MATERIALS MGMT Q009 b. I understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime or; b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a pubic entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market values under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, director, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity, have been charged with and convicted of a public entity crime subsequent to July 1, 1989. — The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989 and _(Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) _ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Page 2 of 3 1 *12/2,0/01 THU 16:56 FAX 3056387430 MATERIALS MGMT Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature Date Subscribed and sworn to (or affirmed) before me on Date By He /She is personally known to me or has (Affiant) presented (Signature of notary) (Print or stamp name of notary) Notary Public (State) as identification. (Serial number) Page 3 of 3 (Expiration date) Notary Seal 9 010 112/20/01 THU 16:56 FAX 3056387430 MATERIALS XGNT Cij011 0 ATTACHMENT D MAINTENANCE a �t2/20/01 THU 16:56 FAX 3056387430 MATERIALS MGMT lih012 PREVENTATIVE MAINTENANCE (P.M.) SCHEDULE The Vehicle shall be maintained at a minimum per the attached activities. ° Every 5,000 miles, a "B" P.M. must be performed. All items numbered 1 through 44 on the attached form, with the exception of numbers 19, 28, 31, and the portion of 38 which states " repack wheel bearings and replace seals"" must be performed and initialed as completed by the mechanic performing the service. ° Every 25,000 miles, a "C" P.M. must performed.. All items numbered 1 through 44 on the attached form must be performed and initialed as completed by the mechanic performing the service. 12/20/01 THU 16.56 FAX 3056387430 MATERIALS MGMT lih 013 awes a ova„ r6Ct1 ritil- ►'ll IYLN.IOti• T Z957Pr9 P.WOZ METROPOLITAN DADE COUNTY RM. TYPE Fleet Management Division .,C.. ?5000 Mile Preventive Maintenance For S.T.S. Vans OUTSIDE VEHICLE INSPECTION 8 C Mach's Code I. 2. a 4. Check exterior for body damage, hub caps, etc. Check windshield wipers, blades, replace If needed. _ Check weather stripping. Lub hood, trunk, tailgate, lock cylinders and door hinges. .- INSIDE CAB INSPECTION 9 a 7. & s. 10. 11. 12. 13. 14. I& I& 17. Check all lighting systens and electrical accessorles, Check seat belts, mirrors. windows, etc Ch.rcl: pzr%ing brake operation. Check shifting lever operation and Ignition switch..^,_ _ Check engine warning lights, gauges and hour meter. �. Check A/C system_ complete, heater, defrost operation: Check brake pedal operation._... _....._,....- Check windshield washer operation. Inspect handrails and stanchions for security of mounts and rough edges, Inspect standee line and warning. Inspect steprwel,a ,;r d " h^: ing for damage Inspect all emergency exits for proper operation. _. Inspect wheelchair equipment for proper operation. �. ENGINE AREA INSPECTION It 19` 20. 21 22 23. 24. 25. 26. 27. 26. 29 Check cooling system components and heater hoses......._.. Flush cooling system, change hoses as needed Check drive belts for wear and tension. Replace as needed. Replace air niter, fuel filter and other filters. Check P/S pump, P/S box. lines, and all related parts. ,. Check master cylinder, power booster, and all related parts, Check charging "am and all related components — (Use VAT-40). Check battery water level, clean termirWa, apply corrosive protection. Check engine cranking operation (Use "VAT-40"). Check transmission fluid. Tune-up engine, Use Oscilloscope H required. Check PCV valve/replace on (CPM). UNDERNEATH INSPECTION /WBE 30.' 31. 32. 33' 34. 35- 3eL Change engine oil, filter, lube chassis, drive One. Change transmission fluid filter, manual trans. oil, check diff. oil. Check engine and transmission mounts. Check under carriage for any leaks or damage. Check suspension and front end steering components. /Alignment. Check drive shaft, boots (C.V. JoMt) Visual Inspection of exhaust system, use hand held' exhaust tester. BRAKES AND TIRES INSPECTION 37 31L Pull wheels and inspect brain system. brake lines, and adjust brakes. Check tires, rotate if necessary. Check tire pressure, lug nuts. Repack wheel bearings and replace seals — "C" PM Only. FINAL INSPECTION 39 40. 41. 42. 43. 44. Check H.0 , CO., CA2 and 0.2. _ Test vehicle for performance and driveabiiity, use CA tester. Install PIM wickerlCustomer Survey Card. Report all needed repairs to Supervisor. Insped wheel chair operation If equip. Inspect mico brake operation, if equip. 12/20/01 THU 16:57 FAX 3056387430 MATERIALS MGMT Q014 d •e EXHIBIT 1 INSPECTION AND DELIVERY CERTIFICATE .../20/01 THU 16:57 FAX 3056387430 MATERIALS MGMT Q015 EXHIBIT 1 INSPECTION AND DELIVERY CERTIFICATE The undersigned certify that he /she has inspected the Miami -Dade County Vehicle Number Vehicle ID Number Odometer reading on in preparation for delivery to (the Provider) ' or redelivery to the County (cross out the one not applicable). Condition of the Vehicle not occasioned by fair wear and tear have been noted below and responsibility for their correction shall be in accordance with the Agreement: Location on Vehicle COMMENTS: Defect By signing this document, the Provider's authorized representative agrees he /she has first independently inspected the Vehicle and made a determination that the Vehicle is fit for the purposes for which the Provider intends to use such vehicle and further agrees he /she has examined the vehicle described in the Agreement and the vehicle is in good working order and condition. The Provider Inspector The County - Inspector Certificate to be prepared in duplicate, each party to retain a copy._ 0 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: February 5, 2002 City Commission From: Charles Scurr City Manager a04011 RE: DCA Planning Grant to study Transit Oriented Development Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION'OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR A FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT IN THE AMOUNT OF $10,000, TO STUDY TRANSIT ORIENTED DEVELOPMENT IN SOUTH MIAMI. BACKGROUND The Florida Department of Community Affairs (DCA) recently implemented a grant program for local government technical assistance. These planning grants are awarded competitively, based on proposals submitted by local government planning agencies. This year, there was a total of $220,000 given out as part of this program. There were 299 applications received from various municipalities around the state. South Miami Planning Department staff applied for one of the grants, in the amount of $10,000. We are happy to report that out of a total of only 19 grants approved statewide, South Miami's was the only grant application approved from the Miami -Dade County area. The funding is to be used to follow up on the Planning Department and Zoning Task Force's efforts in studying how to improve the TODD Transit Oriented Development District. A public workshop is proposed to be held, where citizens, elected officials, Planning Department staff and others explore the issues associated with Transit Oriented Development in South Miami. The Florida Department of Transportation has offered to send one of their expert consultants on the subject, free of charge. This type of workshop, to be held most probably in April or May, was already envisaged as part of finalizing the Zoning Task Force process. However, it will also be very helpful as the City engages in public workshops to explore the issues associated with the proposed referendum affecting building heights. RECOMMENDATION It is recommended that the resolution be approved. Attachments: Resolution DCA Letter Grant Contract Scope of Work (Attachment A) RGL K: \Comm Items\2002 \02 05 02 \TODD grant Report.doc 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 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR A FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT IN THE AMOUNT OF $10,000, TO STUDY TRANSIT ORIENTED DEVELOPMENT IN SOUTH MIAMI. WHEREAS, The Florida Department of Community Affairs (DCA) recently implemented a grant program for local government planning technical assistance; and WHEREAS, the City of South Miami Planning Department has applied for, and, has been awarded, a grant in the amount of $10,000 in order to study Transit Oriented Development in South Miami, and WHEREAS, the City Commission desires to accept the grant, and fulfill the DCA's requirements for the grant, which consists of holding a public workshop to explore the issues associated with Transit Oriented Development within the City of South Miami, and WHEREAS, the City Commission believes that this type of program will also assist in the process of education as the City undertakes to hold public workshops relative to the proposed referendum affecting building heights; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission authorizes the City Administration to execute the Grant Contract with Florida Department of Community Affairs for the amount of $10,000, and proceed to plan for the required public workshop on Transit Oriented Development. PASSED AND ADOPTED this day of 12002. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscom STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home JEB BUSH STEVEN M. SEIBERT Governor Secretary September 25, 2001 Mr. Richard G. Lorber Planning Director City of South Miami Planning Department 6130 Sunset Drive South Miami, Florida 33143 Re: Local Government Technical Assistance Planning Grants Dear Mr. Lorber I am pleased to let you know t'- ,`youur application for a planning grant under the Local Government Technical Assistance Planning Grant Program is recommended for funding in the amount of $10,000 to assist in the development of a study of a Transit Oriented Development District in the urban infill area. I congratulate your staff on preparing an application that will enable the stakeholders in your community to engage in a collaborative and innovative planning process. This funding, as well as eligibility, is subject, to appeal and may change following an appeals process. Any grant applicant may request an Administrative Hearing in accordance with the attached Notice of Administrative Rights. This request must be in writing and received at this letterhead address within twenty -one days of receipt of this letter.. For this reason.. the Department cannot execute any agreements until all appeals, should there be any, have been resolved. If no appeals are filed, we anticipate grant awards to be made during October and November. Beth Frost of my staff is preparing the grant award for your signature and will be contacting you or your assigned staff to confirm the specific details in the grant. Should you have any questions, please call her at (850) 922 -1752 or e -mail her at beth.frost @dca.state.fl.us She is available to assist in any way necessary to ensure the grant agreement is successfully completed this fall. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781 /Suncom 291.0781 Internet address: http: / /www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399 -2100 Tallahassee, FL 32399.2100 Tallahassee, FL 32399 -2100 (305) 289 -2402 (850) 488 -2356 (850) 413 -9969 (850) 488 -7956. Mr. Richard G. Lorber September 25, 2001 Page Two Thank you again for your willingness to participate with the Department in a new assistance program. We wish you good sucYtry g efforts. SMS /DCP /bf Attachment Award Recommendations (In order by Region) Applicant RPC Region Project Award Recommended Washington County 1 Comp Plan Amendment to Include $2,500 Recommendations of Florida Springs Task Force Washington County 1 Economic Element for Caryville, Vernon $15,000 and Wausau Graceville 2 Community -Based Strategic Plan for $10,000 .. Downtown Redevelopment Monticello 2 Community Visioning Initiative $10,000 Hamilton County 3 Visioning /Economic & Capital $10,000 Improvement Elements St.Johns County (Vilano 4 Design Guideline Manual for Waterfronts $10,000 Beach) Florida Community Revitalization Area Baldwin 4 Economic Development Plan and $10,000 Coordination with FDOT Improvements Levy County 5 Multi - Jurisdictional Physical Assessment $15,000 Plan for US 19 Sumter County 5 Ag Land Retention Study as Economic $10,000 Development Osceola County 6 Joint School Facilities Planning $10,000. Eatonville 6 Community Visioning Project $10,000 Oakland 6 Master Plan for "Old Town" Area $10,000 Sanford 6 Assessment of Economic and Educational $10,000 Status in Goldboro Front Porch Community Polk County 7 Educational Facilities Plan $25,000 Manatee County 8 Housing Improvement Strategy in Urban $10,000 Infill Area Pasco County 8 School /Park Collocation Feasibility Study $20,000 Glades County 9 Economic Development Element for Cities $15,000 Affected by Lake Okeechobee Drought South Florida Regional 11 SR7/US441 Collaborative Planning $10,000 Planning Council South Miami 11 Study of Transit Oriented Development $10,000 District in Urban Infill Area TOTAL AWARD AMOUNT $222,500 Contract Number: STATE- FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and the City of South Miami, (hereinafter referred to as the "Recipient"), THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Scope of Work and Schedule of Deliverables, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations (3) PERIOD AUKEEMENJ. This Agreement shall begin upon execution by both parties and shall end June 1, 2002, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with §215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the check or draft, whichever is greater. (5) REQ_Q-1D SEEPING '- (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all. litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 2 3. Records relating to real property acquisition shall be retained for three years after closing of title. (b) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work and Schedule of Deliverables - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised and Section 215.97, Florida Statutes (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the DBpairtiYi2nt to the i.c� e pc iii i Cy ,i tll ll� u .s•. ''s audit. The Recipient" urtheragrees to CC7mpiy al id cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General (8) LIABILITY. 3 (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ( "Events of Default "), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or u`, Prc,.'ou-- �`grcemert with the Department shall at any 't rrf ; o:= fai�� ti, II110icciui�iy' ii'i any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; O 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports, required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work and Schedule of Deliverables attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, rv,,,.e„ tiny ....,,I.Ic,lul ,; 11.,r,. u.�,,.. •.�c ,...,,ipicr� to determine the reasons for or the 2xterrt t` compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5 under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of iiavility "to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b1. The n-� a and ^.rldress, of the D' . - },�., t , , h� , �um.. a,,,, ,,,,,,w� , the v,.p� +�.,, � cu,,, _.,,� • _ ,..,�,cr for this Agreement is: Beth Frost, Analyst l Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Telephone: (850) 922 -1752 Fax: (850) 488 -3309 Email: beth.frost @dca.state.fl.us M. (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Telephone: Fax: Email: (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. if any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strut po Zvi a i i� ,�. tcy c `\Gripiei �t shall affect or extend or act as a waiver of ai.y vii is r i �t k br remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. VA (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seg.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide We Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., and in the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in paragraph 12(d) above, the Recipient shall ensure that the audit complies with the requirements of §215.97(7), Fla. Stat. This includes submission of a reporting package as defined by §215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the Recipient expends less than $300,000 in State financial assistance in its;fiscal year, an audit conducted in accordance with the r ovisions of §215.97, Fla. Stat, is not required: In the event that the Recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of §215.97, Fla. Stat, t he cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. �. , c G ^Waal financial audit report shall include a sche�,':::e Of fl,-, ,. assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 12 shall be submitted by or on behalf of the Recipient directiy to each of the following: 0 The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Department of Community Affairs (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (^onprofit and for- profit organizations), Rules of the Auditor Generc ', F .oplicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department. (g) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held 10 liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non- compliance. (h) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year period, the records shall be retained until the litigation or audit findings have been resolved. (i) The Recipient shall have all audits completed in accordance with § 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS. (a) if the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as ii oy:: fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. 11 (c) This Agreement has the following attachments: Attachment A - Scope of Work and Schedule of Deliverables (16) FUNDING /CONSIDERATION This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $10,000.00. Payment will be made in accordance with the provisions of Attachment A (Scope of Work and Schedule of Deliverables). An invoice shall be submitted with each deliverable which is in detail sufficient for a proper preaudit and postaudit thereof. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Departmc rr� ,�r ;��� �r: -:.r f d.fairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. 12 (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly - funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ( "INA" )]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (19) COPYRIGHT, PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment G for terms and conditions relating to copyrights, patents and trademarks. (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES. Attachment I. The Recipient shall comply with any Statement of Assurances incorporated as 13 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. CITY OF SOUTH MIAMI BY: Name and title: Date: FID# STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Date: 14 Attachment A Scope of Work and Schedule of Deliverables Scope of Work 1. A committee of local residents, homeowner association members, business persons, and real estate and development professionals will hold several meetings to review and study the existing Transit Oriented Development District (TODD) regulations. 2. The review will involve development site analysis, pro -forma development costs analysis, and review of urban design incentives. 3. Recommendations for changes could include: revisions to development incentives; making the project review process more user friendly; responding to community concerns (such as height, density, buffering); and the possible expansion of the TODD district into adjacent areas near the Metrorail station. 4. At the conclusion of the committee review meetings, which will be advertised and open to the public, a formal public workshop must be held with the members of the committee, other community members, the City Commissioners, and the general public. The workshop will be widely advertised to maximize public involvement. At the workshop, the recommendations of the TODD committee will be presented and public comment will be taken. 5. A draft ordinance amending the Land Development Code will then be prepared for presentation to the City's Planning Board and City Commission for adoption. 5: The committee's work and legislation crafting will be facilitated b y the Ci s Fzrnning` Consultant. Schedule of Deliverables Deliverable Payment Amount Due Date Report outlining the recommendations of the TODD committee; copy of draft ordinance amending the Land Development Code; copy of advertisement for public workshop; minutes and sign -in sheet of the public workshop. $10,000 15 June 1, 2002 CITY OF SOUTH MIAMI Excellence, Integrity, Inclusion TO: Mayor & Commission FROM: Charles D. Scurr City Manager F"01 REQUEST South Miami Ch 2001 DATE: January 30, 2002 SUBJECT: Agenda # 0 Commission Meeting February 5, 2002 Florida Department Transportation /Bird Road Project of The purpose of this memorandum is to seek the approval of the attached resolution entering in an agreement with the Florida Department of Transportation for landscaping medians on Bird Road (SW 40TH Street), from SW 65th Avenue to SW 57th Avenue. BACKGROUND & ANALYSIS The Florida Department of Transportation will be performing roadway improvements and upgrading the medians along Bird Road (SW 40th Street), and encompassing our community. Florida Department of Transportation would be responsible for the irrigation system that will supply well water from dedicated pump station to be located within the median, at approximately SW 58t' Avenue. Irrigation system will be installed within the City limits between SW 65TH Avenue to SW 57TH Avenue. The electrical cost to run the pump, will be the responsibility of the City. Out of the 75 existing palm trees located at the present site, 42 will be removed leaving 33 trees, plus 4 new additional Alexander Palms will be planted. Removal of these trees is due to the fact that a water line will be installed down 40th Street. Florida Department of Transportation will provide concrete pavers along the median where planting could not be allowed. Florida Department of Transportation will be planting 6655 Liriope, 2335 Purple Lantana, 802 Indian Hawthorn, and 741 Purple Queen as ground covers. This project will enhance the medians at the northern edge of our City limits, and will be one of the many beautification projects that the City of South Miami will be involved with. Upon completion of this project, the City of South Miami Parks & Recreation Department under the Landscape Division will take responsibility for the maintenance of this area RECOMMENDATION Approval is recommended. Bird Road Agremn 2002 Commission F" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 &A C Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR BIRD ROAD LANDSCAPING MEDIANS FROM 65TH AVE TO SW 57' AVENUE ON SW 40TH STREET; AND UPON AGREEMENT THAT MAINTENANCE OF THE COMPLETED PROJECT SHALL BE HANDLED BY THE CITY. WHEREAS, The City of South Miami has entered into a joint project with Florida Department of Transportation to enhance the landscape in the City's medians on Bird Road (SW 40TH Street); from SW 65 Avenue to SW 57TH Avenue; and WHEREAS, The Florida Department of Transportation has given the City an inclusive plan working with City staff; and WHEREAS, Florida Department of Transportation would include pavers and irrigation for this,project; and WHEREAS, This project will enhance the medians at the northern edge of our City limits. WHEREAS, Upon completion in 2003, the City of South Miami will take responsibility of the latter, as we have done so in the past with Sunset Drive medians and U.S.1. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City of South Miami will enter into an agreement with Florida Department of Transportation for median landscape, irrigation, and maintenance. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of February 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Bird Road M¢die FDOT 2002 MAYOR I BIRD ROAD IMPROVEMENTS • Fact Sheet _ ♦ The Florida Department of Transportation (FDOT) will be performing ♦ roadway improvements in your area. The following information details the ♦ main features of the project. ® Purpose Improve roadway efficiency and install new signals, curb and gutter and sidewalks where needed ♦ Project Limits ♦ Bird Road (SW 40`" Street) between SW 87'h Avenue and SW 57`h Avenue; ® it is approximately three (3) miles long ♦ ♦ Scope of Work ® • Installation of a 16 -inch water main to provide better domestic service ♦ and fire protection for businesses and residences along the corridor ® • Milling and resurfacing ® • Retrofitting of public sidewalks, curb and gutters, as needed, to ♦ comply with Americans with Disabilities Act (ADA) requirements Corstruction of a right -turn lane from westbound Bird Road to norh:"ound on SW 57`h Avenue ® Traffic signals and lighting upgrades ♦ Signing and pavement markings E ♦ Safety improvements at SW 75`h Avenue, SW 74�n Court/SW 42Id ! ® Street/SW 74`h Avenue and SW 58`r Avenue (Please refer to the ® fact sheet on the back for more information) ® Project Schedule o i ♦ The project is scheduled to begin construction in the summer of 2002. ♦ 60 days to complete, t will take approximately 220 days for the water 3 y p ® main installation and 140 days for the rest of the project. ♦ For more information, please contact Delfin A. Molins, Community ® Awareness Program Administrator, at (305) 470 -5349, or Vivian Cavanzo, ® Public Information Officer, at (305) 774 - 7110. ♦ 0 ♦ 1 2 3 4 5 6 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 City of South Miami Regular City Commission Minutes January 15, 2002 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular session on Tuesday, January 15, 2002 beginning at 8:15 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Julio Robaina, Vice Mayor Horace G. Feliu and Commissioners Mary Scott Russell, Randy G. Wiscombe and David D. Bethel. Also in attendance were: City Manager Charles D. Scurr, Assistant City Manager Subrata Basu, City Attorney Earl G. Gallop and City Clerk Ronetta Taylor. B. Invocation: Vice Mayor Feliu delivered the Invocation. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison, with Officer Guzman subsequently performing the National Anthem. D. Presentation(s) (6:3:0 p.m.) Employees, Recognition The following individuals were recognized: Employee of the Year 1. Maria Stout -Tate 2. Cynthia Corujo Manager of the Year 1. Kathy Vasquez 2. Jeanette Navarro 3. Ralph Rosado Department Head of the Year 1. Cokes Watson for "Integrity" 2. Ana Garcia for "I'nclusion" 3. Greg Oravec for "Excellence" Officers of the Year 1. Sgt. Ruben Rodriguez REGULAR CITY COMMISSION MINUTES - January 15, 2002 1 1 2. Detective Michael Stroface 2 3 NYC Officers 4 1. Assistant Chief Greg Feldman 5 2. Lt. John Barzola 6 3. Officer Sheila Scanlon 7 4. Officer Robert Burchell 8 5. Detective Michael Stroface 9 6. Assistant Chief Michael Mills 10 7. Sgt. Larry Corbin 11 8. Officer Norma Waterman 12 9. Officer Michael Vargas 13 10. Officer Samuel Velez 14 15 PARE Awards 16 1. Daisy Harrell 17 2. Lorenzo Woodley 18 3. Silvia Montalvan 19 4. Amy McCants 20 5. Rodgerick Ryals 21 6. Bernard Hannah 22 7. Officer Henry Guzman 23 8. Officer Vernon Sawyer 24 9. Officer Rodgerick Everett 25 10. Harriett Ferguson 26 11. Mamie Kane 27 12. Steven Kirby 28 29 The Commission members congratulated the employees and their 30 families for their outstanding accomplishments. 31 32 Vice Mayor Feliu was presented with a cake on the occasion 33 of his: 34 35 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 36 37 1. Approval of Minutes - Regular Meeting December 4, 2001 38 Moved by Commissioner Russell, seconded by Commissioner 39 Wiscombe to approve the minutes with the following corrections: 40 page 1, lines 30 -31, change the name Lee Seals to Lew Sayers; 41 page 5, line 22 change the word "advising" to "advertising ". 42 43 There, being no further discussion the motion passed by a 5- 44 0 vote. 45 46 Commissioner Wiscombe: Yea 47 Commissioner Russell: Yea 48 Vice Mayor Feliu: Yea 49 Commissioner Bethel: Yea 50 Mayor Robaina: Yea REGULAR CITY COMMISSION 2 MINUTES — January 15, 2002 1 2 2. City Manager's Report 3 Manager Scurr reported on the following: 4 1. Scheduled date for Open House of Police Work Station in 5 South Miami Gardens for Saturday, January 19, 2002 at 1:00 p.m. 6 2. Scheduled date for Fuchs Park Restrooms dedication, 7 Saturday, February 2, 2002 at 1:00 p.m. 8 3. Scheduled date for groundbreaking of 64th Street Traffic 9 Calming Project, Saturday, February 9, 2002 at 1:00 p.m. 10 4. Murray Park Multi - Purpose Center - meeting is scheduled with 11 the City Construction Manager for tomorrow. Information will be 12 forthcoming at the next City Commission meeting. 13 5. Due to General Election scheduled for February 12t', the 14 next CRA meeting was scheduled for Monday, February 4, 2002. 15 6. The 'bid process for the 41St Street (behind Allen's Drug) 16 drainage and paving project is underway. The bids will be opened 17 on February 6 th . 18 7. Improvements to the 62"d Avenue SW 64th Street Wall have been 19 approved by the ERPB. Final selection of the plant materials is 20 in progress.. 21 8. County's local street control ordinance. This ordinance will 22 be introduced at the Miami -Dade County level sometime in January. 23 Everyone will be advised as to when the second reading and public 24 hearing is scheduled., 25 9. 73rd Street Garage. Twenty different architectural firms 26 picked up plans. The Selection committee narrowed the finalists 27 down to eight. Oral presentations and interviews before the 28 Selection Committee would take place on tomorrow. 29 10. Traffic Circles. The first traffic circle was installed on 30 Twin Lakes Drive,. Funds have been identified for different 31 traffic calming projects. 32 11. Potable Water Program. A flier was distributed to the 33 neighbors regarding WASA's hook up requirements. The City is 34 working with DERM on a phasing in plan for people to hook up to 35 potable water. The City will be appearing before Miami -Dade 36 County Quality Control Board to work out the details. The City 37 will be requesting an extension of time for that part of the 38 Miami -Dade County Code, which requires property owners to hook 39 up. Attorney Gallop and Hakeem Oshikoya the City's Finance 40 Director haven been working diligently on the Loan Program and 41 short -term interest rates for those residents wanting to hook up 42 to the potable water. 43 12. Everybody is encouraged to come out to the Town Hall meeting 44 being held by Miami -Dade County Commissioner Jimmy Morales on 45 January 23, 2002, at 7:00 p.m. at City Hall. 46 13. The next City Commission meeting is scheduled for January 47 22, 2002. , This is the rescheduled meeting that was supposed to 48 occur on January 1, 2002. 49 50 ITEMS FOR THE CITY MANAGER REGULAR CITY COMMISSION 3 MINUTES - January 15, 2002 1 2 Mr. Brad Coulie was afforded an opportunity to speak before 3 the City Commission to express his concerns in regard to the 4 Landscape Ordinance and "grass and yard clippings" provision and 5 the prohibition of a "community trash pile." 6 7 Commissioner Wiscombe related that there were three 8 community trash piles in his neighborhood. Every time a trash 9 pile was used, people would be cited. The City eventually put up 10 no dumping signs in all three spots. He said that the 24 -hour 11 rule about grass and yard clippings is not user friendly. He 12 conveyed that the City has to be sensitive to the residents. 13 14 Mayor Robaina shared that some of the neighbors were putting 15 furniture on the community trash piles well in excess of the 24- 16 hour grace period. 17 18 Manager Scurr clarified that there were three separate 19 issues. Administration is trying to develop new ordinances that 20 would address all three issues. The first issue is with the lawn 21 clippings Administration is working on an accommodation that 22 would allow lawn clippings to be put in a pile more than 24 hours 23 in advance. He opined that having a community trash pile is much 24 more aesthetic than having individual trash piles. The dilemma 25 is when somebody grievously violates the community trash pile, 26 there need to be an enforcement mechanism. The City is giving out 27 courtesy notices instead of violations. 28 29 Attorney Gallop shared that there were two general models to 30 follow when dealing with community trash piles; 1) everybody is 31 responsible for the community trash pile, and 2) no 32 accountability whatsoever. 33 34 Commissioner Russell asked Mr. Coulie if he was well 35 received at City Hall and if staff and members of the City 36 Commission were willing to work with him in rectifying his issue. 37 38 Mr. Coulie related that he'd received cooperation from the 39 City. 40 41 Commissioner Russell said this matter has been under 42 discussion for the last few weeks. She conveyed her anticipation 43 of having a final resolution to this problem. 44 45 Mayor Robaina shared that he's received phone calls about 46 people not curbing their dogs. He encouraged people to be 47 considered of their neighbors. 48 49 Commissioner Wiscombe said that he'd like to see something 50 put into the City's quarterly newspaper in regard to this issue. REGULAR CITY COMMISSION 4 MINUTES — January 15, 2002 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 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 He further said that he'd like to have staff come back at the next City Commission meeting and address the citizenry in regard to how or what the procedures were to take care of this situation. Commissioner Russell shared with her colleagues what the residents on her block were doing to address the issue. She said there are several shovels in. front of neighboring yards, which were painted gold with a smiling face and the wording "please scoop ". She said there is a small sign in one of the neighbor's yards that says "authorized dog dropping zone." She emphasized that residents should work it out amongst themselves to find a positive solution. She further shared that there is another neighbor on her block that allows everyone to store his /her trash in her garage until the neighborhood's designated trash pick up day. Mayor Robaina shared excerpts from a about a man who enjoys walking his dog for last three years, this man and his dog have separate occasions by dogs that were emphasized the importance of enforcing th and dog owners being more responsible. letter he'd received exercise. During the been attacked on four running loose. He dog leash ordinance Manager Scurr said there are countywide leash laws that are civil and not criminal. He said that he would research this matter, and bring back a full report. Mayor Robaina thanked and congratulated the Planing and Building and Zoning Department for publishing a user- friendly brochure for the residents. Mr. Basu the City "s Assistant Manager expounded on the brochure, which was modeled after Miami -Dade County's. Manager Scurr said this improvements being put in place the City's permitting process. is part of the package of after the independent review of Commissioner Wiscombe suggested providing the residents with survey along with the processing package. Mayor Robaina advised that he'd received an official letter from the International Institute of Municipal Clerks advising that the City Clerk was accepted into the Master Municipal Clerk Academy. He commended Ms. Taylor for this achievement. Vice Mayor Feliu asked if Miami -Dade County Commissioner Morales could be forwarded a briefing on the work the City's already done to start the framework for Cities to take control of REGULAR CITY COMMISSION MINUTES - January 15, 2002 W 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 traffic calming devices for their local streets. He further shared that he'd received a complaint from a resident living near the Elks Club. The letter conveys concern about an Adult Living Facility in the residential area. Commissioner Russell shared that this is a legal issue, one that she is championing for the League of Cities through the Federal level. She conveyed that local municipalities have no control. Commissioner Wiscombe shared that this resident was concerned with the employees working at this Adult Living Facility and the impact on traffic and parking. Commissioner Russell asked Commission member with a copy of governs Adult Living Facilities. administration to provide each the appropriate legislation that Commissioner Bethel conveyed his pleasure at seeing the four way stop sign at 66th Street and SW 59th Place. He further expressed concern with the gas pump located at City Hall. He asked what accountability measures the City had in place for those individuals utilizing this pump. He was also pleased to see that the public works department was addressing the street light outages through Florida Power and Light. He further said that more publicity was needed to beef up the Farmer's .Market. Hr also related that there were traffic problems on Red Road between 66 and 67th Avenue (traffic going through the Abraham property parking lot). Vice Mayor Feliu referenced Commissioner Bethel's concern about the gas pump at City Hall and said this matter should be taken more seriously. Manager Scurr said the gas pumps were supposed to be locked at all times. A report regarding this matter would be provided at the next City Commission meeting. Administration is looking at putting in a computerized card system. Commissioner Russell said that Commissioner Bethel had asked this question before. She shared that she'd spoken to County Commissioner Morales about the local traffic control issue as well. She shared that she'd also spoken to him about expediting the grant process to approve the appearance of the intersection on 62nd Avenue, 64th Street through 80th Street. She said that further spoken to him about expediting the expenditure of funds used for the implementation of these programs that were OCE'D funded projects. She further thanked her colleagues for their contribution to the Abilities of Florida Job Fair. REGULAR CITY COMMISSION 6 MINUTES — January 15, 2002 1 Commissioner Wiscombe related that discussions were underway 2 by the Farmer's Market Committee to move the event to a different 3 location to draw more people. He said in order to make this 4 event a successful one some backing from the City Commission is 5 required. 6 7 Commissioner Wiscombe asked Mr. Basu what was being done S since FDOT turned down the request for a "No U Turn" sign at 62nd 9 Avenue and Sunset Drive. 10 11 Mr. Basu said that FDOT was reevaluating the request. 12 13 After there were no further comments or questions for the 14 City Manager, this report concluded. 15 16 3. City Attorney's Report 17 18 Attorney Gallop reported on the Hammock House Project. 19 Letters of Administration have been issued. A representative has 20 been appointed for both estates. It is anticipated that within 30 21 to 60 days an Order will be issued authorizing the transfer of 22 the title to the City. The City' s next step is to have a survey 23 of the property and to agree on an appraiser to appraise the 24 property this could be done within 60 to 90 days., 25 26 Attorney Gallop reported that a resolution, approving 27 attorney's fees for the Stephen D. Pearson, the Attorney for the 28 Heirs was on tonight's agenda for the Commission's consideration. 29 This issue is a part of the contract whereby the City would 30 advance $1,800 for Attorney's Fees and get a credit at Probate. 31 32 Attorney Gallop reported on recent developments with the 33 Johnny Jackson property and shared that the State has transferred 34 title of the property to the City. 35 36 Attorney Gallop reported on the progress being made with the 37 Water Main Hook Up Loan Agreement. It is anticipated that final 38 form of the document will occur later this week, once staff has 39 reviewed and submitted comments. 40 41 Attorney Gallop reported on the drainage project at 57th 42 Street and 62nd Avenue and indicated that there was a 15 -foot 43 Easement showing on Plat. Mr. Lott was engaged to do a title 44 search to see if there were any restrictions on the use the 45 Easement for a drainage project. A determination was received by 46 the Title Attorney indicating that this was a Non - exclusive 47 Easement. 48 49 Attorney Gallop recounted that the City Commission had 50 approved several ordinances and resolutions relating to the REGULAR CITY COMMISSION 7 MINUTES - January 15, 2002 1 University Park POD Project. He referenced Section 3 of the 2 Special Exception Resolution passed by the City Commission and 3 indicated that the instead of the section reading "effective upon 4 adoption" it should read "effective upon the date when the both 5 the Comprehensive Plan and the Land Use Amendment and Official 6 Zoning Map Amendment would properly become effective." The 7 Attorney for the Developer brought this to the City's attention. 8 The City agreed to make the change because it is typical change 9 and not a substance change and it is sufficient to satisfy the 10 amendment without having to readopt the resolution. He advised 11 the Commission that the change had been made to the resolution. 12 13 Attorney Gallop said that his office has been spending 14 considerably time working on documents for the Parking Garage 15 Project. Agreement on language to be used for a Lease Assignment 16 of the SPG Lease to Mark Richman Properties is being worked out. 17 There item is on tonight's agenda for the Commission's 18 consideration. 19 20 After there were no questions or comments for the City 21 Attorney, this report concluded. 22 23 CONSENT AGENDA 24 25 RESOLUTION NO. 1 -02 -11350 26 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 27 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S' 28 FEES; ATTORNEY'S FEES FOR STEPHEN D. PEARSON 29 IN THE AMOUNT OF $1,800.00; CHARGING THE DISBURSEMENT 30 TO ACCOUNT NO. 1500 -514- 3450; CONTRACTUAL SERVICES; 31 PROVIDING AN EFFECTIVE DATE. 3/5 32 33 RESOLUTION NO. 2 -02 -11351 34 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 35 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 36 MANAGER TO ENGAGE MERRILL LYNCH TO PERFORM A COMPLIANCE 37 AUDIT OF THE CITY'S PENSION PLAN FOR A FEE NOT TO 38 EXCEED $9,500; CHARGING THE AMOUNT TO THE CITY EMPLOYEE 39 PENSION FUND PROVIDING AN EFFECTIVE DATE. 3/5 40 41 RESOLUTION NO. 3- 02- 11352 42 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 43 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S 44 FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP 45 FIGUEREDO, P.A. IN THE AMOUNT OF $5,325.50; CHARGING 46 $928.25 TO ACCOUNT NO. 1500 -514- 3435, REAL 47 PROPERTY /FORECLOSURE; CHARGING $3,597.00 TO ACCOUNT NO. 48 1500 -514- 3410, LEGAL SERVICES, NON - RETAINER; AND 49 CHARGING $800.25 TO ACCOUNT NO. 608 -1910- 521 -3100, REGULAR CITY COMMISSION 8 MINUTES - January 15, 2002 1 PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN 2 EFFECTIVE DATE 3/5 3 4 Moved by Vice Mayor Feliu, seconded by Commissioner Bethel 5 to approve the Consent Agenda. 6 7 There, being no discussion the motion passed by a 5 -0 vote. 8 9 Commissioner Wiscombe: Yea 10 Commissioner Russell: Yea 11 Commissioner Bethel: Yea 12 Vice Mayor Feliu: Yea 13 Mayor Robaina: Yea 14 15 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 16 17 There were none 18 19 RESOLUTION (S) /PUBLIC HEARING (S) 20 There were none 21 22 RESOLUTION (S) a? 24 RESOLUTION NO. 4 -02 -11353 25 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 26 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; 27 AUTHORIZING THE CITY MANAGER TO NEGOTIATE A BRIDGE LOAN 28 FOR AN AMOUNT NOT TO EXCEED $2,100,000.00 $21400,000.00 29 AND A PERMANENT LOAN FOR AN AMOUNT NOT TO EXCEED 30 $8,500,000.00 FOR THE DESIGN AND CONSTRUCTION OF A 31 PUBLIC PARKING GARAGE PROJECT LOCATED S.W. 73rd STREET 32 FOR REFINANCING THE PROPERTY WHICH CONSTITUTES MARK 33 RICHMAN PROPERTIES CONTRIBUTION TO THE PROJECT; 34 PROVIDING AN EFFECTIVE DATE. 3/5 35 36 Moved by Mayor Robaina, seconded by Commissioner Bethel to 37 approve this item. 38 39 Attorney Gallop explained that this was the next step in the 40 process of the construction of the Parking Garage Project. The 41 City Commission has approved the lease between the City of South 42 Miami and Mark Richman Properties,. This provides for the co- 43 development of the parking garage structure. The next step in 44 this process is to apply for a Bridge Loan. It is anticipated 45 that the process for a Bridge Loan would take 45 to 60 days. 46 Approval of permanent financing can take place by November of 47 this year February of next year. 48 REGULAR CITY COMMISSION 9 MINUTES - January 15, 2002 1 Commissioner Russell indicated that she was all for the 2 project that's presented. She emphasized that she did not have 3 an objection to the project. She said that she was concerned 4 with the lack of revenue the City would have for a couple of 5 years. This loan would be paid back using parking revenue, which 6 the City is heavily - reliant upon to balance the City's budget. 7 She said, "The City just approved the AFSCME agreement, which is 8 going to hold the City's feet to the fire for the next couple of 9 years." She asked her colleagues to look ahead and ask for 10 specific figures and projections in finance on how the City is 11 going to be able to afford this for a couple of years. She said, 12 if the City cut the parking revenues out of the budget, she'd 13 like to know where the $300,000 annually would come from before 14 the City cause the taxpayers to become indebted like this and 15 didn't have an explanation. She said that she did_ not have a 16 problem with having staff begin negotiations. 17 18 Mayor Robaina concurred with Commissioner Russell's 19 comments. 20 21 Manager Scurr said that with Attorney Figueredo's help the 22 City has gone through a series of financial projections. In 23 terms of a Plan, administration could provide the Commission with 24 a whole series of different thing that the City couldn't have the 25 potential to do to generate revenue. He conveyed that he 26 couldn't tell what the Ad Valorem Tax base would be next year. He 27 said there are whole pieces of the puzzle that go into it. He 28 conveyed that this is going to be a challenge 29 30 Commissioner Russell opined that in order to make 31 responsible decision for the taxpayers, this kind of information 32 should be provided to the Commission at the time the decision is 33 being made. She said that there is no telling what the interest 34 rate would be. She said there are all kinds of "what ifs" out 35 there. This is not the way to make a financial decision of this 36 magnitude would have a tremendous impact on the tax payers and 37 the City of South Miami. She emphasized that she needed more 38 information on how the City was going to finance this. She 39 reiterated that the project isn't the issue, it's the financing 40 and being fiscal responsible. 41 42 Mayor Robaina opined that they would feel much more 43 comfortable if they knew where the additional sources of funding 44 were coming from. Discussions were ongoing about the many 45 alternate opportunities by which to secure funds. He said this 46 resolution authorizes the City Manager to start to negotiate a 47 Bridge Loan. He asked if the resolution could be adopted and 48 still not to legally commit to it until the sources of funding 49 have been identified. 50 REGULAR CITY COMMISSION 10 MINUTES - January 15, 2002 1 Vice Mayor Feliu said the resolution was simply authorizing 2 the City Manager to negotiate until a satisfactory interest rate 3 is secured. 4 5 Manager Scurr said the final document for the Bridge Loan 6 would be brought back in ordinance form, for public hearing. 7 8 Commissioner Wiscombe concurred with Vice Mayor Feliu's 9 comments. He said in order to move the process forward this 10 resolution should be adopted. 11 12 Commissioner Russell reiterated that she wanted to know how 13 the City was going to repay this loan. She said that 14 administration could go forward with the negotiation. She said 15 that she was not going to approve anything on first reading to 16 get this project started without financial satisfaction. She 17 said that she was not going to comfortably approve that type of 18 indebtedness for the taxpayers.. 19 20 Commissioner Wiscombe commented that a Parking Trust Fund 21 was suppose to be established to help pay for this type of 22 project. He said the Parking Trust Fund hasn't been established. 23 He concurred with Commissioner Russell about being fiscally 24 responsible but on the other hand the establishment of the 25 Parking Trust Fund has been put off. 26 27 At the conclusion of this discussion, it was moved by Mayor 28 Robaina, seconded by Commissioner Wiscombe to amend the 29 resolution by changing the Bridge Loan dollar amount from 30 $2,100,000.00 to $2,400,000.00. 31 32 There, being no further discussion on the amendment the 33 motion passed by a 5 -0 vote. 34 35 Commissioner Wiscombe: Yea 36 Commissioner Russell: Yea 37 Commissioner Bethel Yea 38 Vice Mayor Feliu: Yea 39 Mayor Robaina: Yea 40 41 There, being no further discussion on the resolution as a 42 whole, the motion passed by a 5 -0 vote. 43 44 Commissioner Wiscombe: Yea 45 Commissioner Russell: Yea 46 Commissioner Bethel: Yea 47 Vice Mayor Feliu: Yea 48 Mayor Robaina: Yea 49 50 REGULAR CITY COMMISSION 1 1 MINUTES — January 15, 2002 1 ORDINANCE (S) FIRST READING 2 There were none 3 4 PUBLIC REMARKS 5 6 Mr. Dick Ward was afforded an opportunity for comments. 7 8 Mr. Bob Welsh was afforded an opportunity for comments. 9 10 Mayor Robaina asked about the time frame for addressing the 11 removal of the barricades at Murray Park. 12 13 Manager Scurr said that the City was proceeding with the 14 design. This situation would then have to be looked in the 15 context as to what needs are in that immediate neighborhood to 16 see if that's the highest priority need and then proceed to bid 17 it our. 18 19 Mayor Robaina shared that he's been getting a large number 20 of phone calls because of the petition that's been going around. 21 He said the Commission is all for making sure that the people 22 have all of the information. He said that a lot of old time 23 residents have called him and told him that they were told to 24 sign the petition because the City was considering building high 25 rise apartments or condominiums in their immediate areas. He 26 asked that residents educate themselves on the realities. The 27 City has safeguards in place to protect the City from becoming a 28 City of high rises and condominiums. 29 30 Attorney Gallop explained that the petition to place a 31 charter amendment on the ballot was certified by Miami -Dade 32 County Supervisor of Elections on January 11, 2002. Under the 33 City's Code, the City Commission must adopt within 60 days the 34 approval of a resolution placing the ballot scheduling a Special 35 Election. The Special Election has to be scheduled no less than 36 60 days from the date the Commission approved the ballot question 37 for scheduling, nor no more than a 120 days from that date. The 38 Commission doesn't have the ability to change the question. The 39 Commission did have the opportunity to place alternate question 40 on the ballot. The electors have the opportunity between now and 41 when the matter is scheduled for an election to change his or her 42 minds and withdraw the signatures if they so choose to do that. 43 The City has ample time between now and the time that the 44 Commission take action to approve a resolution scheduling the 45 special election or after that to have workshops and public 46 hearings on the questions. 47 48 Mayor Robaina opined that right now the City has a duty to 49 educate the residents of South Miami especially because of the REGULAR CITY COMMISSION 1 2 MINUTES - January 15, 2002 1 malicious nature false information that went out. He said that 2 he too needed to learn about the charter amendment and what it is 3 exactly they are trying to accomplish and what impact it might 4 have on the residents. He said that he'd like to scheduled 5 workshops and public hearings to discuss this matter. He asked 6 that a newsletter providing pertinent information be prepared and 7 hand delivered to every resident. 8 9 Manager Scurr said that he would work with the City Attorney 10 in scheduling the workshops and public hearings. 11 12 Commissioner Wiscombe concurred with Mayor Robaina's 13 comments. He said this charter amendment would not only have 14 long term effects not just on the height a building, but the 15 ramifications in regard to Ad Valorem taxes and how this is going 16 to effect the tax base as well as the budget of this City. 17 18 Vice Mayor Feliu asked, "What would happen if a person 19 purchased a piece of property so the sole purpose of building a 20 structure applicable with the zoning at that time and that 21 property was down zoned as a result of this charter amendment." 22 23 Attorney Gallop said that person might have a cause for 24 action against the City for the decrease in value, if the Court 25 determines that the down zoning has overly burdened their 26 property. 27 28 COMMISSION REMARKS 29 30 Each Commission member was afforded an opportunity for 31 comments. 32 33 There, being no further business to come before this Body, 34 the meeting adjourned at 10 :12 p.m., with Vice Mayor Feliu 35 delivering inspirational parting words. 36 37 Approved: 38 39 40 41 Mayor 42 Attest: 43 44 45 46 City Clerk REGULAR CITY COMMISSION 1 3 MINUTES - January 15, 2002 1 DRAFT 2 City of South Miami 3 Regular City Commission Minutes 4 January 22, 2002 6 6 CALL TO ORDER: 7 8 The City Commission of the City of South Miami, Florida met 9 in regular session on Tuesday, January 22, 2002 beginning at 7:40 10 p.m., in the City Commission Chambers, 6130 Sunset Drive. 11 12 A. Roll Call: 13 The following members of the City Commission were present: 14 Mayor Julio Robaina, Vice Mayor Horace G. Feliu and Commissioners 15 David D. Bethel, Randy G. Wiscombe and Mary Scott Russell. 16 17 Also in attendance were: City Manager Charles D. Scurr, 18 Assistant City Manager Subrata Basu, Assistant City Attorney Eve 19 Boutsis sitting in for Attorney Gallop and City Clerk Ronetta 20 Taylor. 21 22 B. Invocation: 23 Commissioner Bethel delivered the Invocation. 24 25 C. Pledge of Allegiance: 26 The Pledge of Allegiance was recited in unison. 27 28 D. Presentation(s) (7:00 p.m.) 29 30 a. Employee Presentations 31 32 Manager of the Year 33 1. Assistant Chief Michael Mills 34 2. Lt. John Barzola 35 36 Employee of the Year 37 1. Hector Rabi 38 39 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 40 41 1. Approval of Minutes - Regular Meeting December 18, 2001 42 43 Moved by Commissioner Russell, seconded by Commissioner 44 Wiscombe to approve the minutes as presented. 45 46 There, being no discussion the motion passed by a 5 -0 vote. 47 REGULAR CITY COMMISSION 1 MINUTES - January 22, 2002 1 Commissioner Wiscombe: Yea 2 Commissioner Russell: Yea 3 Vice Mayor Feliu: Yea 4 Commissioner Bethel: Yea 5 Mayor Robaina: Yea 6 7 2. City Manager's Report 8 Manger Scurr provided reports on the following two items: 9 1. Summary of the ACLF Legislation. 10 2. The Automatic Fuel Control System. 11 3. Mr. Balogun provided an update on the potable water 12 projects. 13 4. Animal Control. The Miami -Dade Police Department has 14 taken over the animal control function. Assistant 15 Chief Mills expounded on this new program. 16 5. State of the City Address. Many residents have 17 requested copies of the State of the City Address. 18 Mayor Robaina suggested having this printed in the 19 City's quarterly Newsletter. This information will also 20 be posted on the City's web site. Copies are also 21 available at City Hall. Administration was directed to 22 investigate the cost of doing a mail out. 23 6. Walking Tours. Walking tours will take place every 24 Thursday morning at 8 :45 a.m. 25 7. Town Hall Meeting sponsored by Miami -Dade County 26 Commissioner Jimmy Morales - Wednesday, January 23, 27 2002. 28 8. Next Regular City Commission Meeting - Tuesday, 29 February 5, 2002. 30 9. CRA Meeting - Monday, February 4, 2002. 31 10. On Saturday, February 2, 2002 - Dedication of Fuchs 32 Park Restrooms. 33 11. On Saturday, February 2, 2002 - Landscaping project for 34 Habitat Homes in the CRA area. 35 12. On Saturday, February 9, 2002 at 1 :00 p.m. - Ground 36 breaking for 64th Street Traffic Calming Project. 37 13. Tonight's agenda, Item Nos. 4 and 5 both on the Consent 38 Agenda deals with police grants. Item Nos. 7 and 12 39 both deal with parking; Item No.14 is regard to the 40 landscaping on 62 °d Avenue and 64th Street. 41 42 ITEMS FOR THE CITY MANAGER 43 44 Mayor Robaina asked how long would it take the parking 45 project on 41st Street to get started. 46 47 Manager Scurr indicated that the bid process would conclude 48 on February 6th. Administration should be prepared to present a 49 contract for the Commission's approval at the last meeting in 50 February. The construction could last 60 to 90 days. REGULAR CITY COMMISSION 2 MINUTES - January 22, 2002 1 2 Mayor Robaina said that he'd received a lot of calls from 3 residents about no streetlights. He asked what type of procedure 4 can the City put in ,place to address this problem with Florida 5 Power and Light. 6 7 Manager Scurr said there is a process that the City can go 8 through with Florida Power and Light. He asked people to call the 9 City's Switchboard line and ask to be connected with the Public 10 Work's Department to advise that they would prefer to have a light 11 on their street. 12 13 Commissioner Bethel said that he'd spoken with Mr. Martinez, 14 the City's Public Works Director about this problem. 15 16 Mayor Robaina related that the traffic lights on the corner 17 of 67th and SW 4`8th Street, and 62nd Avenue and Miller Road have 18 been out for weeks. He said that it takes forever to get the 19 lights replaced and asked how can this process be expedited. 20 21 Manager - Scurr said because of liability issues Miami -Dade 22 County is usually quick about replacing the traffic lights. He 23 said he would check into this matter. 24 25 Vice Mayor Feliu asked if the City had forwarded a copy of 26 the Resolution he'd sponsored regarding local control of streets 27 to Miami -Dade County Commissioner Morales. 28 29 Manager Scurr said this document was forwarded to Mr. 30 Morales. He opined that this is an issue that should be brought 31 up at the Town Hall meeting. 32 33 Vice Mayor Feliu referenced the chemical spilled that had 34 occurred on US One and asked if there was anyway the City could 35 recoup some of the expense incurred by the City (police detail). 36 37 Assistant City Attorney Boutsis shared that Chief Watson had 38 asked her about looking into this matter. 39 40 Mr. Lorber the City's Planning Director provided a brief 41 explanation of the Adult Living Facility law. He said Florida 42 Statutes created this provision. The City's Land Development 43 Ordinance had been amended many years prior to incorporate the 44 State Statutes. The State Statute overrides and supercedes any 45 local zoning. The City's Code permits the ALF's as residential 46 homes with six people or less. 47 48 Commissioner Wiscombe expressed concern with having six 49 employees that park their cars in the yard. This is not 50 aesthetically pleasing to surrounding neighbors. REGULAR CITY COMMISSION 3 MINUTES - January 22, 2002 1 2 Commissioner Russell mentioned that more cars would be added 3 to this when relatives come to visit the residents living the 4 ALF. 5 6 Vice Mayor Feliu asked, in the absence of language 7 addressing these concerns is there anyway to impose some type of 8 restriction. 9 10 Assistant City Attorney Boutsis said that she would explore 11 this issue. She reiterated that the City couldn't supercede what 12 State law has done. 13 14 Mayor Robaina said the calls that he's received have only 15 been about the traffic, the vehicles, the employees, and 16 deliveries. The calls haven't been about people that live in the 17 facilities not being taken care of. 18 19 Commissioner Russell asked Ms. Boutsis to contact Mr. 20 Marchner, Executive Director of the Miami -Dade League of Cities 21 for his assistance. She emphasized that this issue needs to be 22 addressed at the Federal level. 23 24 Commissioner Wiscombe said several of the boards from the 25 side railing of the bridge that goes to the metro rail station 26 were missing. He further inquired about the status of a change 27 machine to be located in the downtown area. 28 29 Manager Scurr said that discussions were held regarding the 30 location of a change machine and there was some talk about 31 putting a machine in the lobby of First National Bank. 32 33 Commissioner Russell asked her colleagues to consider the 34 City's Access Channel not just for the All America City 35 presentation but utilize it to broadcast monthly celebrations 36 (e.g. Black History, Hispanic Heritage, etc). 37 38 Mayor Robaina said discussions are underway to address 39 updating the City's video equipment so that many more programs 40 could be aired on Channel Five. 41 42 Vice Mayor Feliu said the infrastructure of the video and 43 sound equipment used for the City Commission meeting was in dire 44 need of updating.. 45 46 Commissioner Russell asked if the City would have a problem 47 airing programs produced by a university professor who works on 48 local history and documentaries. 49 REGULAR CITY COMMISSION 4 MINUTES — January 22, 2002 1 The City Commission conveyed its support of airing such 2 documentaries. 3 4 Commissioner Bethel expressed concern with the morning 5 traffic near JRE Lee and asked administration to look into this 6 dangerous situation. 7 8 Mayor Robaina related that Eckerd's Drug Store is continuing 9 to tow cars from its parking lot even when the store is closed. 10 He suggested that during the walking tour in the downtown area 11 that administration makes it a point to stop in at Eckerd's Drug 12 to discuss this issue and encourage them to take a more user - 13 friendly approach.. 14 15 After, there were no further comments or questions this 16 report concluded. 17 18 3. City Attorney's Report 19 Attorney Eve Boutsis addressed two issues: 1) Boarding House 20 Ordinance was brought to the Commission's attention for feedback 21 purposes. She asked that the Commission members get in touch 22 with Mr. Gallop to give ,their input; 2) Trash Ordinance dealing 23 with the Community Trash Pile provision - this ordinance is in 24 the drafting stage. Mr. Gallop has asked Mr. Martinez, the 25 City's Public Works Director for his input on this matter. 26 27 ITEMS FOR THE CITY ATTORNEY 28 29 Commissioner Russell said that she'd like for the City to 30 support the issue of getting voting rights restored for convicted 31 felons. She shared that this is something that State Senator Meek 32 is working on. 33 34 Commissioner Bethel said that he'd received a letter from 35 the Black Caucus about this issue. 36 37 Commissioner Wiscombe shared that one of the things he's 38 heard was that some of the laws dated back to the 18601s. 39 40 Vice Mayor Feliu suggested getting feedback from the PBA 41 about this issue. 42 43 After, there were no further questions or comments for the 44 City Attorney this report was concluded. 45 46 Commissioner Luciano Suarez appeared before the City 47 Commission and presented the City with a Proclamation for its 48 achievement in receiving the All America City Award. REGULAR CITY COMMISSION 5 MINUTES - January 22, 2002 1 2 CONSENT AGENDA 3 4 RESOLUTION NO. 5 -02- 11354 5 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 7 MANAGER TO APPLY FOR AND ACCEPT, IF AWARDED, MONEY FROM 8 THE UNITED STATES DEPARTMENT OF JUSTICE, LOCAL LAW 9 ENFORCEMENT BLOCK GRANT FY 2001/02, IN THE AMOUNT OF 10 $33,341.00 FOR THE PURPOSE OF PROVIDING ADDITIONAL 11 MOBIL DATA TERMINALS AND SUPPORTING EQUIPMENT FOR THE 12 POLICE VEHICLES FOR THE POLICE DEPARTMENT; TO AUTHORIZE 13 THE CITY MANAGER TO DESIGNATE $3,705.00 FROM THE 14 FEDERAL FORFEITURE FUND OF THE POLICE DEPARTMENT, 15 ACCOUNT #615- 1910- 521 - 6430,, AS MATCHING FUNDS AS 16 REQUIRED BY THE GRANT; AND TO AUTHORIZE THE CITY 17 MANAGER TO EXECUTE ANY SUBSEQUENT DOCUMENTS RELATIVE TO 18 OBTAINING THIS GRANT. 3/5 19 20 RESOLUTION NO. 6 -02- 11355 21 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH _MIAMI, FLORIDA, RELATING TO THE 23 ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND SYSTEM 24 IMPROVEMENT PROGRAM- GRANT FY 2001/02 OF $2,953.00; 25 AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE 26 CONTRACTS AND DOCUMENTS; AUTHORIZING THE CITY MANAGER 27 TO DESIGNATE - $985.00 FROM ACCOUNT- NUMBER -01 -1915 -521 - 28 1410 ENTITLED POLICE OVERTIME ACCOUNT AS THE MATCHING 29 FUNDS REQUIRED BY THE GRANT; AND PROVIDING FOR AN 30 EFFECTIVE DATE. 3/5 31 32 RESOLUTION NO. 7 -02 -11356 33 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 34 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; 35 APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI'S 36 GENERAL ELECTION BEING HELD TUESDAY, FEBRUARY 12, 2002; 37 DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $1,600.00 WELL 38 BE CHARGED TO ACCOUNT NO. 01- 1200- 512 -4920 ENTITLED 39 "ELECTION ;" PROVIDING AN EFFECTIVE DATE. 3/5 40 41 RESOLUTION NO. 8 -02- 11357 42 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 43 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PURCHASE 44 OF 150 EAGLE CK ELECTRONIC METERS AND 75 MODEL 70 45 SINGLE HOUSING MECHANISMS FROM DUNCAN INDUSTRIES; 46 AUTHORING THE DISBURSEMENT FROM ACCOUNT NUMBER 001- REGULAR CITY COMMISSION 6 MINUTES — January 22, 2002 1 0000- 344.5200,, TITLED "PARKING METER FRANCHISE;" 2 PROVIDING AN EFFECTIVE DATE. 3/5 3 4 RESOLUTION NO. 9 -02- 11358 5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S 7 FEES; APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE IN 8 THE AMOUNT OF $6,547.91; CHARGING THE AMOUNT TO ACCOUNT 9 NO. 1500- 514- .3450, CONTRACTUAL SERVICES; PROVIDING AN 10 EFFECTIVE DATE. 3/5 11 12 RESOLUTION NO. 10 -02- 11359 13 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 14 CITY OF SOUTH MIAMI, FLORIDA,, AUTHORIZING THE CITY 15 MANAGER TO EXTEND AN AGREEMENT WITH NATIONAL 16 LANDSCAPING FOR LANDSCAPE MAINTENANCE AND LITTER 17 CONTROL SERVICES ALONG TH US 1 MEDIAN, SUNSET DRIVE 18 MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED 19 $35,000.00 FOR THE CURRENT FISCAL YEAR, AND CHARGING 20 THIS AMOUNT TO ACCOUNT NUMBER 001- 2050- 519.3450, 21 "CONTRACTUAL SERVICES." 3/5 22 23 RESOLUTION NO. 11 -02- 11360 24 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 25 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 26 MANAGER TO DISBURSE THE SUM OF $6,030.00 TO PITTS 27 ENGINE & TRANSMISSION AND CHARGING THE DISBURSEMENT TO 28 ACCOUNT NUMBER 1760 -519- 4680 "OUTSIDE SERVICES; 29 PROVIDING AN EFFECTIVE' DATE. 3/5 30 31 Moved by Vice Mayor Feliu, seconded by Commissioners 32 Wiscombe and Bethel to approve the Consent Agenda. 33 34 There, being no discussion the motion passed by a 5 -0 vote. 35 36 Commissioner Wiscombe: Yea 37 Commissioner Russells Yea 38 Vice Mayor Feliu: Yea 39 Commissioner Bethel: Yea 40 Mayor Robaina: Yea 41 42 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 43 There were none 44 45 RESOLUTION (S) /PUBLIC HEARING (S) 46 There were none 47 48 RESOLUTION (S) REGULAR CITY COMMISSION 7 MINUTES — January 22, 2002 1 2 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; 4 EXTENDING THE CONTRACT BETWEEN THE CITY OF SOUTH MIAMI 5 AND THE CITY MANAGER; PROVIDING FOR TERMS AND 6 CONDITIONS AND AN EFFECTIVE DATE. 3/5 7 (Mayor Robaina) 8 9 Moved by Mayor Robaina, seconded by Commissioner Russell to 10 table this item. 11 12 There, being no discussion the motion passed by a 4 -0 vote. 13 14 Commissioner Wiscombe: Yea 15 Commissioner Russell: Yea 16 Commissioner Bethel: Yea 17 Vice Mayor Feliu: out of room 18 Mayor Robaina: Yea 19 20 RESOLUTION NO. 12 -02- 11361 21 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION 23 TO NEGOTIATE A PROFESSIONAL, SERVICES; CONTRACT WITH 24 NUMBER ONE RANKED FIRM OF ARQUITECTONICA INT. CORP., 25 FAILING THAT WITH THE SECOND RANKED FIRM OF THE 26 CORRADINO GROUP, INC., FAILING THAT TO THE THIRD RANKED 27 FIRM OF ZYSCOVICH, INC FOR THE DESIGN, CONSTRUCTION 28 DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR 29 THE 73P-D STREET RETAIL AND GARAGE PROJECT; PROVIDING AN 30 EFFECTIVE DATE. 3/5 31 32 Moved by Mayor Robaina, seconded by Commissioners Russell 33 and Wiscombe to approve this item. 34 35 Mr. Basu recounted the events leading up to this point. As a 36 result of the RFP &Q the City received responses from 20 very 37 qualified firms. The Se- lection Committee narrowed the 38 interviewing process down to eight. This interview process took 39 place on last week. Based on the information and the 40 interviewing process the top three ranked firms as mention in the 41 resolution were selected. 42 43 Commissioner Russell asked if the City wouldn't enter into 44 negotiations until all the paperwork was been signed. 45 46 Attorney Boutsis said the papers would probably be signed by 47 Thursday. 48 Manager Scurr said that the contract would come back to the 49 Commission for execution once the price has been negotiated. He REGULAR CITY COMMISSION 8 MINUTES - January 22, 2002 1 said that he would not anticipate the architects starting until 2 the Commission approves the contract. 3 4 At the conclusion of this discussion, the motion passed by a 5 5 -0 vote. 6 7 Commissioner Wiscombe: Yea 8 Commissioner Russell: Yea 9 Commissioner Bethel: Yea 10 Vice Mayor Feliu: Yea 11 Mayor Robaina: Yea 12 13 RESOLUTION NO. 13 -01 -11362 14 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CELL TOWER; 16 REQUESTING YMCA TO NOT ENTER INTO LEASE AGREEMENT WITH 17 AT &T WIRELESS SERVICE; PROVIDING AN EFFECTIVE DATE. 3/5 18 (Vice Mayor Feliu /Comm. Wiscombe) 19 20 Please note that Mayor Robaina recused himself from this 21 process. 22 23 Moved by Vice Mayor Feliu, seconded by Commissioners Bethel 24 and Wiscombe to approve this item. 25 26 Vice Mayor Feliu said that this was pretty much a moot issue 27 since the negotiation did not come through. He said that he just 28 wanted to make it clear for everyone that from his perspective 29 this was a tough decision for him because he was hindered by the 30 FCC requirements, to not view the health issues involved with 31 this application. 32 33 Commissioner Bethel said that he was glad to see that this 34 matter did not go through. 35 36 Commissioner Wiscombe said that even though this is a moot 37 point, this would call on the YMCA to be a good neighbor in the 38 future and not consider doing something like this again. He said 39 there were several neighbors that were not happy with having a 40 cell tower to begin with. 41 42 Commissioner Russell said that she didn't want a cell tower 43 there either but she wasn't allowed by law to consider the health 44 issue. She said what concerns her is that this issue is still 45 permitted by the City's zoning. She wondered if it was legal 46 whether the City could encourage someone not to do something that 47 is permitted by law according to the City's rules and 48 regulations. She said the Commission is setting a policy that it 49 doesn't like cell towers but at the same time a precedence is REGULAR CITY COMMISSION 9 MINUTES - January 22, 2002 1 being set for someone who has applied and is in a certain zone to 2 come to a hostile Commission. 3 4 Vice Mayor Feliu said the resolution did mention that the 5 applicant followed the letter of the law and did everything by 6 the book. All this is asking is that the applicant be a good 7 neighbor. 8 9 Attorney Boutsis said that the only way a policy can be set 10 is if the Commission passed a resolution that would say, "never 11 again in the future have a cell tower ". She said it could give a 12 perception to an applicant that there was some bias on the 13 Commission. 14 15 Commissioner Wiscombe shared that AT &T had gone to David 16 Fairchild Elementary School first and was turned down, however 17 the YMCA accepted them. His intent is to not hinder the YMCA but 18 requesting them to implement a good neighbor policy and not 19 consider this in the future. 20 21 After the conclusion of this discussion the motion passed by 22 a 4 -0 vote. 23 24 Commissioner Wiscombe: Yea 25 Commissioner Russell: Yea 26 Commissioner Bethel: Yea 27 Vice Mayor;Feliu: Yea 28 Mayor Robaina: Recused 29 30 RESOLUTION NO. 14 -02 -11363 31 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 32 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 33 MANAGER TO ENTER INTO A CONTRACT WITH MELROSE NURSERY 34 INC., TO PROVIDE LANDSCAPING MATERIALS FOR SW 64 Tx 35 STREET AND 62 AVENUE IN THE AMOUNT OF $6,350.00; AND 36 CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 -2050- 37 519- 4625,, "LANDSCAPE MAINTENANCE." 3/5 38 39 Moved by Commissioner Russell, seconded by Commissioner 40 Wiscombe to approve this item. 41 42 Manager Scurr explained that he wanted to highlight the fact 43 that the City is continuing with its Citywide landscaping 44 efforts. The planting should start within the next two weeks. 45 46 At the conclusion of this discussion the motion passed by a 47 5 -0 vote. 48 49 Commissioner Russell: Yea 50 Commissioner Bethel: Yea REGULAR CITY COMMISSION 10 MINUTES - January 22, 2002 1 Commissioner Russell: Yea 2, Vice Mayor Feliu: Yea 3 Mayor Robaina: Yea 4 5 ORDINANCE (S) FIRST READING 6 There were none 7 8 PUBLIC COMMENTS 9 10 Mr. Dick Ward was afforded an opportunity for comments. 11 12 COMMISSION REMARKS 13 14 Each Commission member was afforded an opportunity for 15 comments. 16 17 There, being no further business to come before this Body, 18 the meeting adjourned at 9:24 p.m., with Vice Mayor Feliu 19 delivering inspirational parting words. 20 21 22 Approved 23 24 25 Attest 26 Mayor 27 28 29 City Clerk 30 31 REGULAR CITY COMMISSION 1 1 MINUTES - January 22, 2002