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03-19-02CITY COMMISSION AGENDA City Commission Meeting Meeting date: March 19, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: April 2, 2002 Phone: (305) 663 -6340 Time: 7:30 PM CALL TO ORDER: A. Roll Call: B. Invocation: C Pledge of Allegiance: D. Presentations) (7 :00 p.m.) Presentation Commission For Women Seth Mimi � ;zr 2001 CITY COMMISSION AGENDA City Commission Meeting Meeting date: March 19, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: April 2, 2002 Phone: (305) 663 -6340 Time: 7:30 PM CALL TO ORDER: A. Roll Call: B. Invocation: C Pledge of Allegiance: D. Presentations) (7 :00 p.m.) Presentation Commission For Women Employee of the Month - January 2002 Ajibola Balogun February 2002 - Jorge Cardenas Officer of the Month December 2001 Michael Ledesma January 2002 Max Valdes - February 2002 - Ryan Robinson ITEMS (S) FOR THE COMMISSION'S CONSIDERATION. 1. Approval of Minutes - Regular Meeting February 19, 2002 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING CYNTHIA MACHOLA AND QUANITA TOFFIE TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING MARCH 19, 2004 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE, 3/5 (Mayor Robaina) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES APPOINTING KRISTIN HEBERT, EDDIE DOMINGUEZ REGULAR CITY COMMISSION 2 AGENDA March 19, 2002 AND TOUFIC ZAKHARIA TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR TWO YEAR TERMS ENDING MARCH 19, 2004 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE "CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $18,415- FROM ACCOUNT #1910 - 512 -4450 (RENTALS & LEASES) TO INTERAMERICAN CAR RENTAL FOR THE RENTAL OF 3 VEHICLES FOR 6 MONTHS AND TO HEARS MOTOR LEASING FOR THE RENTAL OF 2 VEHICLES FOR 6 MONTHS; PROVIDING AN EFFECTIVE DATE. 3/5 9 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIOUEREDO, P.A. IN THE AMOUNT OF $13,809.33; CHARGING $1,674.14 TO ACCOUNT NO. 1500- 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $11,604.44_ TO ACCOUNT NO. 1500 - 514 -3410, LEGAL SERVICES, NON- RETAINER; CHARGING $141.00 TO ACCOUNT NO. 608 -1910- 521 - 3100, PROFESSIONAL SERVICES, FORFEITURE; AND CHARGING $389.75 TO ACCOUNT NO. 1500 -514- 3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. 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 $6,220.00 TO ARTEMISA FENCE, INC., FOR INSTALLATION OF A FENCE AT THE MULTIPURPOSE CENTER AND CHARGING THE ° °MAINTENANCE TO ACCOUNT NUMBER 001 - 2050 -519- 4670 " 1MAINTENANCE AND REPAIRS OF THE LANDSCAPING DIVISION." 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 FINANCIAL ADVISOR, AUTHORIZING THE CITY MANAGER TO SIGN A REGULAR CITY COMMISSION 3 AGENDA — March 19, 2002 CONTRACT WITH FIRST SOUTHWEST COMPANY FOR THE PURPOSE OF PROVIDING FINANCIAL ADVICE TO THE CITY. 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE REDLAND COMPANY. INC. FOR THE CONSTRUCTION OF SIX TEMPORARY TRAFFIC CALMING CIRCLES AT AN `AMOUNT NOT TO EXCEED $28,683.00, TO BE CHARGED TO ACCOUNT NO. 001 -0000 -132- 2052; PROVIDING AN EFFECTIVE DATE. 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, ONSITE DATA COLLECTION, PREPARATION OF DESIGN PLANS AND PERMITTING, POST DESIGN SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR SW 58" PLACE TRAFFIC CALMING- ALTERNATIVE "C -, SW 687H STREET WATERMAIN EXTENSION (CONSTRUCTION ADMINISTRATION ONLY) AND MULTI - PURPOSE CENTER PARKING LOT IN AN AMOUNT NOT TO EXCEED $54,000.00 FROM CDBG FUNDS AND 2001 LEGISLATIVE APPROPRIATIONS PROVIDING AN EFFECTIVE DATE 3/5 14. 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 COMPLETED PROJECT SHALL BE HANDLED BY THE CITY. 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A STORMWATER SYSTEM IMPROVEMENTS GRANT FROM THE 'SOUTH FLORIDA WATER' MANAGEMENT DISTRICT IN THE AMOUNT OF $1,400,000 AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORDINANCE (S) FIRST READING/PUBLIC HEARING(S) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO OCCUPANCY STANDARDS; LIMITING THE OCCUPANCY OF A DWELLING UNIT TO REGULAR CITY COMMISSION 4 AGENDA - March 19, 2002 ONE HOUSEKEEPING UNIT; AMENDING SECTION 20 -2.3, ENTITLED "DEFINITIONS," OF THE SOUTH MIAMI LAND DEVELOPMENT CODE TO AMEND THE DEFINITIONS OF "DWELLING UNIT" AND `°FAMILY" AND TO CREATE DEFINITIONS FOR "HOUSEKEEPING UNIT" AND "DOMESTIC PARTNERSHIP -; AMENDING PARAGRAPH (G), ENTITLED "OCCUPANCY STANDARDS," OF SECTION 20 -4.7, ENTITLED "MINIMUM HOUSING STANDARDS" TO CREATE SUB- PARAGRAPH (6), ENTITLED "MAXIMUM OCCUPANCY OF LEASED DWELLING UNITS" AND SUB- PARAGRAPH (7), ENTITLED "LEASING GARAGE AND ACCESSORY BUILDING PROHIBITED "; PROVIDING FOR SEVERABILITY, ORDINANCES" IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO OCCUPANCY STANDARDS; AMENDING CHAPTER 15, ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS," OF THE CODE OF ORDINANCES TO CREATE ARTICLE IV, ENTITLED "VIOLATION OF OCCUPANCY STANDARDS; PRIMA FACIA EVIDENCE "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 ORDINANCE (S►) FIRST READING 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND COMMITTEES; AMENDING ORDINANCE NO. 13 -01 -1744 BY DECREASING THE COMMISSION FOR SENIOR CITIZENS MEMBERSHIP FROM 15 TO 9; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND COMMITTEES; AMENDING SECTION 2 -26 (B) OF THE CODE OF ORDINANCES ENTITLED "COMMISSION FOR WOMEN" TO INCLUDE FACULTY MEMBERS OF ,SOUTH MIAMI SENIOR HIGH SCHOOL AS PART OF THE MEMBERSHIP CRITERIA; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Vice Mayor Russell) 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND COMMITTEES; AMENDING SECTION 2- 26.1(B) (1) OF THE CODE OF ORDINANCES ENTITLED "JUNIOR COMMISSION FOR WOMEN" TO INCLUDE STUDENTS OF SOUTH MIAMI SENIOR HIGH SCHOOL AS REGULAR CITY COMMISSION 5 AGENDA - March 19, 2002 PART OF THE MEMBERSHIP QUALIFICATION CRITERIA; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE, 3/5 (Vice Mayor Russell) SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.2 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE 13EFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION' TO CONTINUE BE GRANTED ` BY A MAJORITY VOTE OF THE COMMISSION." PUBLIC 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. b" • INCORPORATED 1927 0Rt I� Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: March 15, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager Environmental Review & Preservation Brd. REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING DAVID SCOTT TRAUTMAN TO SERVE ON THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MARCH 19, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints David Scott Trautman to the Environmental Review & Presentation Board for a period of two years. The term of this appointment shall expire March 19, 2004. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING DAVID SCOTT TRAUTMAN TO SERVE ON THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MARCH 19, 2004 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and, WHEREAS, the Mayor and City Commission desire to appoint David Scott Trautman to serve for a two year term on the Environmental Review & Preservation Board. This appointment shall expire March 19, 2004 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commissioner hereby appoints David Scott Trautman to the Environmental Review & Preservation Board. Section 2. The expiration date of this appointment shall expire March 19, 2004 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: V r,e Mayor Russell: Commissioner Bethel: Commissioner Feliu: C ; mmissioner Wiscombe: Additions shown by underlining and deletions shown by ever str- tk-ing. FROM : TRAUTMAN ARCH FAX NO. : 305 667 0215 Jan. 16 2002 08:45AM P1 avu.s. .b u.A W l u r l d u ft i�a€�nca Ot�fl• Znnt CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Names IAV(D k--erlT IVAyrft* flease print) 2. Home Address: (OA14 l S1A le'7 3. Business Address: S A R. 4. Home Phone No.% • G (07 — JqV Business Phone No. o • G 1i 7, Pa 19 Fax No. 2lr 5. E -mail Address: pDSG �PiP �..11rDL . /'.ArUI 6. Education Background: M . AlU, I U14 IV. 40441 D 3%TE 19 M 7. Community Service: tA 1465 � 8. Are you a registered voter? Yes V No 9. Are you a resident of the City? Yes 4 No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? / White Non -H43 ic_'_/ African American Hispanic American_ Other Date THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Retired 9/01 04 5 0U Booth Miami Al ti I " AN-AtnedcaCity V • INCORPORATED 1927 O RID - 2001 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City Commission //I From: Charles Scurr j REQUEST MEMORANDUM Date: March 15, 2002 Re: Agenda Item Commission For Women A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING CHARETE B. PLUMMER AND PAM LAHIFF TO SERVE ON THE COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING MARCH 19, 2004 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Charete B. Plummer and Pam Lahiff to the Commission For Women a period of two years. The term of the two appointments shall expire March 19, 2004. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING CHARETE B. PLUMMER AND PAM LAHIFF TO SERVE ON THE COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING MARCH 19, 2004 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Charete B. Plummer and Pam Lahiff to serve for two year terms on the Commission For Women. Appointments shall expire March 19, 2004 or until successor are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Charete B. Plummer and Pam Lahiff to the Commission For Women. Section 2. The expiration date of the appointments shall expire March 19, 2004 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Russell Commissioner Feliu: Commissioner Wiscombe CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 l Fax No. 305 -663 -6348 , 1. Name: `�, � r 1 Q � � C, 1 U M CV_Z Ca, (Please rint) 2. Home Address: 3. Business Address: (t� 4. Home Phone No. (0_ C `60 a.'S 1 Business Phone No. �F�a�x No. 5. E -mail Address: (} 0 �-K tQ� ( ci n r 6. Education Background: , /-I , 7. "m_ - a 8. Are you a registered voter? Yes f No 9. Are you a resident of the City? Yes `r No 10. Do you have a business in the City? r(' o s e :, Yes No 11. Ethnic Origin? White Non-Hispanic_ African American ✓ Hispanic American_ Other Signature �r �) i Date Cif Igo() a Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9101 X 7r CO M ryn I S 51 O r) l j(T �y ,'r ti fy ylG Q. - •[v.C:vX`tr... 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 rr Fax No. 305 -663 -6348 �l 1. Name: FA m LA i �T= (Please print) S f 2. Home Address: 3. Business Address: 4. Home Phone No '3 Business Phone No. Fax No. 5. E -mail address: 6. Education Background, p = JQ • "� - �..� Jli t li L>�.'.- S -t..� f`s "t 1 + `I 1 S'�C? Tom- -�-�V1 7. Community Service: &g A+ � 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non - Hispanic African American Hispanic American Other Signature ibM4-,A Date—"// Applicant THIS APPLICATION( WILL REMAIN ON FILE FOR ONE YEAR Revised 9101 '` /YLl A t f 31 A A �� p w To Honorable Mayor, Vice Mayor -f 01 and City Commission From: Charles Scurr City Manager REQUEST MEMORANDUM Date: March 15, 2002 Re: Agenda Item 6 Junior Commission For Women A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING CYNTHIA MACHOLA AND QUANITA TOFFIE TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING MARCH 19, 2004 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Toffie to the Junior Commission For Wome n appointments shall expire March 19, 2004. RECOMMENDATION Approval is recommended. Robaina appoints Cynthia Machola and Quanita a period of two years. The term of the two 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; APPOINTING CYNTHIA MACHOLA AND QUANITA TOFFIE TO SERVE ON THE JUNIOR COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING MARCH 19, 2004 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to appoint Cynthia Machola and Quanita Toffie to serve for two year terms on the Junior Commission For Women. Appointments shall expire March 19, 2004 or until successors are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Cynthia Machola and Quanita Toffie to the Junior Commission For Women. Section 2. The expiration date of appointments shall expire March 19, 2 °004 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: raat�a: CITY OF SOUTH WWI JUNIOR BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Aflami, FL 33143 Fax No. 305- 663 -6348 1. Name: l O EF 11✓ (Please print) 2. Home Address: -7,-Loo S vJ R3 S; 2E GT P L 1 -1*7 A A P T• o Z 10 3. Name of School: C(-)0 -V � M t A-N► t S c N i O fL K r C., if 4. School Address: 6 �,51, SV4 53 s W Z CE r 5. Home Phone No. ( 30 �7 (,63: — 7403 Date of Birth: d ( 6. Are you a residenf-of the City? Yes ✓ No 7. PLEASE ATTACH THE FOLLOWING TO APPLICATION: a. Two letters of recommendation from current or former teachers b. One letter of recommendation from an adult other than a family member C. Copy of last report card. d. Proof of participation in at least one curricular activity. 8. Ethnic Origin? Anglo American American _ Hispanic American Other Signature t-a � Q Date 111,3010) Applicant Signature Date Yffarent/Guardian State of Florida County of Miami -Dade ,Q Sworn to (or affirmed) before me this : y day of %L' t �;�20�i, by 14 '-` tr /J i T %� r=r i e- (seal of Notary) > Sir ►U* MARTHA M, RODRIGUEZ g ar✓' O G COMMISSION # CC731489 Signature of Notary : EXPIRES JUN 18, 2002 �! BONDED THROUGH �JFOf�OQ� ADVANTAGE NOTARY OF FLORIDA u ( �� ,e L Printed Name of Notary Personally known OR produced identification V, Type of identification produced 1Y I-a ore r 15 %i C ofW CL. THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED SOUTH MIAMI SENIOR HIGH SCHOOL 6856 SOUTHWEST 53RD STREET MIAMI, FLORIDA 33155 (305) 666 -5871 JAMES COLZIE THOMAS L. SHAW ATHLETIC DIRECTOR PRINCIPAL November 6, 2001 Junior Commission for Women City of South Miami RE: QUANITA TOFFIE To Whom it May Concern, I would like to take this opportunity to recommend Ms. Quanta Toffie for the Junior Commission for Women in the City of South Miami. I have had the honor and the privilege of knowing Quanta for the past three years in the capacity of student and as an athlete. I must say that a very worthy individual is being recommended. Quanita is a very hardworking and conscientious young lady. Her attention to detail and getting the job done is to be commended. Quanta's good judgement, poise, and leadership abilities will be a great asset to your fine organization. I feel a fine young lady is applying to the City of South Miami Junior Commission for Women and I am proud to recommend her. If you have any questions, please do not hesitate to contact. Sincerely, Chase MARION CHASE RICHARD HICKOX ASSISTANT ATHLETIC BUSINESS MANAGER DIRECTOR SOUTH MIAMI SENIOR HIGH SCHOOL 6856 SOUTHWEST 53RD STREET MIAMI, FLORIDA 33155 (305) 666 -5871 THOMAS L SHAW PRINCIPAL November 27, 2001 Junior Women's Commission City of South Miami To whom it may concern: MERRETT R. STIERHEIM SUPERINTENDENT MIAMI -DARE COUNTY PUBLIC SCHOOLS It is a pleasure for me to have this opportunity to recommend Quanita Toffee for consideration as a member of the Junior Women's Commission of the City of South Miami. I have know Quanta since her freshman year here at South Miami Senior High. She is both an excellent student and an outstanding individual. She is an active member of both our student body and community. Quanta has proven herself to be academically strong in a variety of areas. I had the pleasure of having her as a student in my Honors World History class her freshman year and then again in my Advanced Placement European History class in her sophomore year. In both of these courses she performed very well. She has taken many other challenging courses at both the Advanced Placement and honors levels. Quanta currently maintains a high grade point average of 4.497 and ranks 9th in and academically strong class of 504. She has received many academic honors such as AP Scholar, Junior Excellence Award, Language Arts Laureate, English II Honors Award, Geometry Honors Award, and Spanish II Award. She was also a nominee for NCTE Achievement Award in Writing in 2001. Quanita has been on the Dean's Honor Roll throughout her years at South Miami Senior High. While maintaining high grades in difficult courses, Quanta has also taken on leadership rates and has been an active member of many school organizations. Presently, she is the president of the English Honor Society, public relations officer of the Social Studies Honor Society and coeditor in chief of the school newspaper. Quanta has also served as vice - president of the National Honor Society and as an officer in the Class of 2002 in both her sophomore and junior years. Quanita has been a tireless worker at many school events and activities. She is always willing to help without complaint or hesitation. She has also found time to be a member of the Interact service club and both the tennis team and the junior varsity volleyball team, (which she was captain of in her sophomore year). Quanta would bring many positive qualities and a wide range of experiences with her as a member of the Junior Women's Commission. She has a great deal of experience as a volunteer in our community. Quanita has been a Buddy Reader and homework tutor at the After - School House for the past 3 years. She has also volunteered and the Coconut Grove Arts Festival, the South Miami International Arts Festival, and the Viscaya Renaissance Festival. She has participated in the Breast Cancer walk -a -thon, the Alex Penelas Community Picnic, and holiday gift wrapping at Barnes & Noble. Along with these many accomplishments, Quanta will bring with her a positive and industrious attitude. As a native of South Africa she will also bring with her a different perspective and an already rich life experience. I heartily believe that Quanita is an excellent candidate for the Junior Women's Commission. Sincerely, Judy Byrum, Social Studies Teacher SOUTH MIAMI SENIOR HIGH SCHOOL 6856 SOUTH WEST 53RD STREET MIAMI, FLORIDA 33155 (305) 666 -5871 THOMAS L. SHAW MERRETT R. STIERHEIM PRINCIPAL SUPERINTENDENT MIAMI -DARE COUNTY PUBLIC SCHOOLS November 13, 2001 To whom it may concern: This letter is in reference to Quanita Toffie. Quanita has been at South Miami Senior High for the past four years. She has had a well rounded academic program at South Miami. She has been a pleasure to be associated with Quanita for the past four years. She is congenial and well respected by our faculty and students. I don't think that there are any limits to Quanita's academic ability. She is so conscientious that she will always persevere. I believe in Quanita 100 %. She is going to succeed whenever the challenge is placed in front of her. Quanita will be successful wherever she matriculates to and that institution will be very grateful to have her as a student and citizen. I will recommend Quanta without resevation. She is truly one of the most outstanding individuals that I have ever been associated with in my 40 years in the school system. Sincerely, 6-14L, r -- Charlie Yand Counselor � Avvy �ymc 1 m�zz ??nci i N �n0M M n i z a 0:; �i,MN� =yZm O Z 9 vD 100 Ezzi - m_I0�' :u 3. orm mm(/1i 0m ! 13Z 9D-4: :.: aural .L Z t. O I�r1rl -� I -1 V1VIww I a� 1 1 1 11 I n; .a :. v 'flN a N n Zi 3 ' fix°. m 01 �'•� a ID rt0 a m ' i � � �j111MY• j A- 31D �f ' W�� O O� 3 mi m3 0 N i ml m N i N i- < ZTHOn ?a CC��j 1m N 1.a 1 X gihi5v A*0 ppia -1 n t�->Qm�Hvvor oX i r _ r mor-mn m 0 0Tm3n z )*Z Ha-fmi y v -io; o8 r n 3a m Z< n� < m 11i 0 0 1� m z ~ N N gwNr+ Z r- i wa m ''. 3Dxm .11.0 o p n IVT r on no w n MOE m � �� Is N i v OO m N I TOnOa 1z � CzCzHN rn 1 %•'� azHOrn iN -1gN r � pa pn o nm0 -i3 -i W G m -AM --jam rn mz 1 p, X v N u) n MO c (/);o N pa,�(QyA pL r tea}. 031 tr+ a+r 'yy T yp�,�r^ QOM, 20 �MrI. FG0 01V� <h+�$j. 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Hu ��i11 6130 Sunset Drive Phone No. 305 - 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: ('un,r.W %a, Mopnc..�ota. 04 (Please print) 2. Home Address: 3 O S W a.o S _^, 3. Name of School: 5 eyt,� M0 0� °. Sender• NN4D Ste. o 01 4. School Address: 6$ rs to 5 W b 3 S*. 5. Home Phone No. 30 ro - b -,2p. 6 4 Date of Birth: Qom/ 0 -.�, / %c� 6. E -mail Address: °CC �N3> Q w o.,oa.0 -arn 7. Are you a resident of the City? Yes No X_ S. PLEASE ATTACH THE FOLLOWING TO APPLICATION: a. Two letters of recommendation from current or former teachers b. One letter of recommendation from an adult other than a family member C. Copy of last report card. d. Proof of participation in at least one extra - curricular activity. 9. Ethnic Origin? White non - Hispanic African American Hispanic Americans Other Signature g G'ci- Y °�LJ „`,;e�_ i''! ci�� L ; ��:�- Date —� Applicant u r � Signature Si g � �.' c� � "�� . Date N _ z a- .- c� r Pare Guardian State of Florida County of Miami -Dade Sworn to (or affirmed) before me this, 'day ofiac 2W-'2- by��,�%%) i�/�j r�C.��c�cti �' �� xhla� "`1'" se 99” otjq)., I r;� , n�uKIGUEZ I*- 6� COMMISSION # CC731489 EXPIRES JUN 18, 2002 1�1, �! BONDED THROUGH OF ik ADVANTAGE NOTARY OF FLORIDA Personally known V-/'OR produced identification Type of identification produced 9 Signature of Notary Printed Name of Notary THIS APPLICATION WILL RENLiIN ON FILE FOR ONE YEAR INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED SOUTH MIAMI SENIOR HIGH SCHOOL 6856 SOUTH WEST 53' STREET MIAMI, FLORIDA 33155 (305) 666 -5871 THOMAS L. SHAW PRINCIPAL City of South Miami Junior Board Selection Committee To whom it may concern: MERRETT R. STIERHEIM SUPERINTENDENT WANG -DADE COUNTY PUBLIC SCHOOLS January t5, 2002 It is with great pleasure that I endorse Cynthia Manchola's application for the City of South Miami Junior Board. Although she is currently a sophomore, she is already active in Student Government in which she is a Senator. She is one of three 10th- graders chosen by the South Miami faculty to become a National Honor Society member. As sponsor of this organization, I can attest to her commitment to serve our school and community. In addition, she is the Treasurer for the Sophomore Class. Cynthia is a student in my Honors Algebra 2 class. She has set high goals for herself academically and shows great leadership potential. She is a talented musician who often helps her peers to master the necessary skills. She is an asset to any organization. I endorse her application without reservation. Respectfully, Ana R. Pousa SOUTH MIAMI SENIOR HIGH SCHOOL 6856 SOUTHWEST 53RD STREET MIAMI, FLORIDA 33155 (305) 666 -5871 THOMAS L. SHAW PRINCIPAL To the Selection Committee: ROGER CUEVAS SUPERINTENDENT MIAMI -DADE COUNTY PUBLIC SCHOOLS December 11, 2001 This letter is an enthusiastic recommendation of Cynthia Manchola for memUCTJ111p 111 the i.it1' of South lVlldi111 ,I11111U1 GUaiu. A ii °uiyviiwiuuul.ig cuiiuludw, Cynthia shows through her actions that she values education, welcomes challenges, and cares about others. Therefore, she will be an asset to the Board. As Cynthia's tenth -grade Honors English teacher, I can assure you that she is a dedicated student who routinely strives to produce quality work. Attentive and highly organized, she makes the most of class time and completes all assignments on time. As a result, she has earned membership in the National Honor Society. Even though academics are a high priority for Cynthia, she also manages to lead an active, well - balanced life. To begin, she is an accomplished violinist in our school orchestra, which earns Superlatives in district and state competitions and entertains at community events. Several weeks ago, when I was disappointed not to hear her perform in the Hispanic Show, she surprised me by bringing her violin to English class and playing a beautiful piece to the delight everyone! She also goes out of her way to serve her school and community. As Treasurer for the Sophomore Class and as a Student Government Senator, she plays vital leadership roles. In an essay she wrote for me last week, she explained that during her freshman year, when she became "a joiner," she-also began to appreciate how much her own life is enriched through activities and service to others If you choose Cynthia Manchola for membership in the City of Miami Junior Board, I promise you that she will make you proud of your choice. Respectfully, Carol Rhinard English teacher SOUTH MIAMI SENIOR HIGH SCHOOL 6856 SOUTHWEST 53RD STREET MIAMI, FLORIDA 33155 (305) 666 -5871 THOMAS L. SHAW ROGER CUEVAS PRINCIPAL SUPERINTENDENT MIAMI -DADE COUNTY PUBLIC SCHOOLS Dear Junior Commission for Women, It is with great pleasure that I recommend Ms. Cynthia Manchola to be a member of your prestigious commission. Cynthia is a very active sophomore at South Miami Senior High and is a truly exceptional young lady. She is extremely dependable and responsible and her positive attitude and eagerness to learn is readily noticed. She is honest, caring, and loyal to her principles and committed to improving the world around her. Cynthia's main love is music, and she is an extremely talented violinist. She spends many hours performing in the school orchestra and has been chosen to perform in many special events to display her talents. Cynthia is also an active member of the South Miami Student Government, National Honor Society and Treasurer of the sophomore class. Her involvement in activities has also lead her to participate in various community service projects, such as, the Relay for Life Cancer Walk, and the Parade of the Elves in South Miami. Cynthia would definitely be an asset to your commission and her pleasant attitude will be refreshing. If you have any further questions please call me at 305- 666 -5871 ex. 2225. Sincerely, A Joan B. Lobo Director of Student Activities - �k \\ y�■ «} :zw «Q >0 Q Z <d2��\ LU \° « tau CL : Q. . \zzz'. :6 ■.a :& «2 to x� ■ 2\/: _ ■ «: »=o2:�.w #d k / « IL a d »' : ..� m Ix o \ »� � $ LL 0 2 LI � \ .... (A \ '%a\ � Ix 2 :o z , : �» Ix Ix L» .« m.�. -Jz�k/ \v \ 02.d WZ\ IX '\ LU » a 0 \\ tr ;� . : . y < ®� 0 �© -jLu U. .: w <J c \ ƒ \ § z \ «u« uj�° .\ )� / )0:2 . o p 9bz� } UJ \ \ \ \a E� :$ § o >f$q if d�to� k 2 a2 .9�«��... `LLI - \ \jZZ LL / -JQWWW k k§\§ � f w �- .. §c& u ��aui 0 t b a (Oil- (Nt- a .111 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: March 15, 2002 and City Commission From: Charles Scurr faw�Re: A enda Item I g City Manager Community Relations Board REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING KRISTIN HEBERT, EDDIE DOMINGUEZ AND TOUFIC ZAKHARIA TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR TWO YEAR TERMS ENDING MARCH 19, 2004 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Kristin Hebert, Eddie Dominguez and Toufic Zakharia to the Community Relations Board for a period of two years. The term of those appointments shall expire March 19, 2004. 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 56 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING KRISTIN HEBERT, EDDIE DOMINGUEZ AND TOUFIC ZAKHARIA TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR TWO YEAR TERMS ENDING MARCH 19, 2004 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 11 -98- 1659 re- established the Community Relations Board [CRB] and broadened its duties to include fostering mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs, age and ethnic groups in the City; and WHEREAS, the city Commission desires to appoint individuals who have expressed an interest and have demonstrated a leadership role in their own groups. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Kristin Hebert, Eddie Dominguez and Toufic Zakharia to serve on the Community Relations Board. Section 2. The expiration date of the appointments shall expire March 19, 2004 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: C P b OV LLlll 1Y1lAllll F l o r i d a MAla�t[�� 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: i(�� bn n--� *,, n(q l e Z (Please print) 2. Home Address: 3. Business Address: 4: Home Phone No. ��'�� Business Phone No. Fax No. 5. E -mail Address: 6. 7. Community Service: 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes 1 No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? White Non-Hispanic_ African American _ Hispanic American_L,,--rOther Signature C'° ` % Date / Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 9101 r t d a aooi I CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone Na 305-663-6340 South Miami, FL 33143 Fax No. 305-663-6348 1. Name: _, /` j S I yl e r f 690 ea print) 2. Home Address: 30 3. Business Address: r ab a-lc kA(6 - V 4. Home Phone No. to Business Phone No. 6 Fax No. 3CK---- �q -1-7 S. Education Background:. A - 6. 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No l/ 11. Ethnic Origin? White Non-His pani� /African American Hispanic American Other Revised "I Date 2--2-q-0-2— Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR TO/TO 39Vd HAW --- ----- -- 2001 CITY OF SOUTH MIAMI BOARDICOMM/TTEE APPLICATION 6130 Sunset Drive Phone No. '305- 663 -6340 South Miami, FL 33143 Fax No. 305 -663 -6348 1. Name: i USA Z ca. rN (Please print) 2. Home Address: _�v r C ; ,) ; u t ti 3. Business Address: 4. Home Phone No. C S - C - t Business Phone No. - :t k 3 a r Y' �! i i Fax No. 5. E -mail Address: e- (-"k C: ) c t 7. Communfity `Service: 1 ^ 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No it. Ethnic Origin? White Non - Hispanic African American _ Hispanic American Other Signature Ap Date ant THIS APPLppICATION WILL REMAIN ON FILE FOR ONE YEAR r l 7._� \�_ C ryIJ�PLt.L�'Li i.l' ( '" p• \.� ?i -:M'. . Revised 9101 CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor and City Commission FROM: Charles Scurr, City Manager V 'oq I' • Date: March 4, 2002 Re: Agenda Item # R Comm. Mtg 03/19/02 The rental of automobiles for undercover police operations A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $18,415 FROM ACCOUNT #1910-521- 4450 (RENTALS & LEASES) TO INTERAMERICAN CAR RENTAL FOR THE RENTAL OF 3 VEHICLES FOR 6 MONTHS AND TO MEARS MOTOR LEASING FOR THE RENTAL OF 2 VEHICLES FOR 6 MONTHS; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Police Department engages in various undercover and surveillance operations through the Special Investigations Unit. Street level crime interdiction and drug enforcement are both performed by the officers of the SILT. Vehicles can only be used for a short period of time before they are identified. Hence, the Department is continuously turning in these vehicles for different ones. This ability allows the unit to remain operating at optimum performance. Funding for the rental of five vehicles will be from account #1910 -521 -4450 (Rentals and Leases) in the amount of $10,425 to Interamerican Car Rental and $7,700 to Mears Motor Leasing. Current Account Balance $52,707.00 This Item $18,125.00 New Balance $34,582.00 RECOMMENDATION Your approval is recommended. CS /gf/sh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 �I 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 AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $18,415 FROM ACCOUNT #1910 -521 -4450 (RENTALS & LEASES) TO INTERAMERICAN CAR RENTAL FOR THE RENTAL OF 3 VEHICLES FOR 6 MONTHS AND TO MEARS MOTOR LEASING FOR THE RENTAL OF 2 VEHICLES FOR 6 MONTHS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department is committed to addressing crime problems through various proactive programs; and WHEREAS, one such program is the Special Investigations Unit made up of police personnel in plainclothes and in unmarked vehicles; and WHEREAS, rental vehicles allow for the maximum concealment during these activities; and WHEREAS, Interamerican Car Rental was the lowest of three written quotations until March 1, 2002, when Mears Motor Leasing offered a lower quote and is a current City vendor; 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 expend an amount not to exceed $11,815 from account #1910 - 521 -4450 (Rental & Leases) to Interamerican Car Rental for the rental of 3 automobiles for 6 months. Section 2. The City Manager is authorized to expend an amount not to exceed $6,600 from account #1910 -521 -4450 (Rental & Leases) to Mears Motor Leasing for the rental of 2 automobiles for 6 months. 45 46 Section 3. That this resolution be effective immediately after adoption hereof. 47 48 PASSED AND ADOPTED this day of , 2002. 49 50 ATTEST: 51 52 53 54 CITY CLERK 55 56 57 58 READ AND APPROVED AS TO FORM: 59 60 61 CITY ATTORNEY 62 63 64 65 66 67 68 69 70 71 72 73 74 APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: xG #ix:Rl:.. South MYamf ......................... F i o r l d a tva aim 2001 To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: March 15, 2002 Agenda Item Commission Meeting March 19, 2002 Attorney's Fees Nagin, Gallop and Figueredo, P.A. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $13,809.33 CHARGING $1,674.14 TO ACCOUNT NO. 1500 -514 -3435, REAL PROPERTY/FORECLOSURE; CHARGING $11,604.44 TO ACCOUNT NO. 1500 -514- 3410, LEGAL SERVICES, NON - RETAINER; CHARGING $141.00 TO ACCOUNT NO. 608- 1910 -521- 3100, PROFESSIONAL SERVICES, FORFEITURE; AND CHARGING $389.75 TO ACCOUNT NO. 1500 -5 <14 -3452, CODE ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. The attached resolution is for Legal Services for the City Attorney for the period ending February 28, 2002 in the total amount of $13,809.33. The accounts are summarized below: Account Consulting — Real Property/Foreclosure Account # 1500- 514 -3435 Professional Services - Account # 608 -1910- 521 -3100 CRA Fund — General Legal Account #610 -1120 -554 -3415 Available Balance This Invoice $ 3,200.00 $ 1,674.14 $ 2 ;000.00 $ 141.00 Code Enforcement Account #1500 -514 -3452 $ 4,986.34 $ 389.75 Telecommunications Account #1500 - 514 -3420 $ 5,420.00 $ Legal Services Non Retainer $ 17,000.00 $ 11,604.44 Account # 1500 -3410 A detailed Billing Statement is attached. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $13,809.33; CHARGING $1,674.14 TO ACCOUNT NO. 1500 -514- 8 3435, REAL PROPERTY /FORECLOSURE ; - CHARGING 9 $1104.44 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL 10 SERVICES, NON- RETAINER; CHARGING $141.00 TO 11 ACCOUNT NO. 608- 1910 - 521 -3100, PROFESSIONAL 12 SERVICES, FORFEITURE; AND CHARGING $389.75 TO 13 ACCOUNT NO. 1500 -514 -3452, CODE ENFORCEMENT; 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No. 99 -94- 9500, as amended by Resolution No. 217 -97- 10187, 18 authorizing payment of City Attorney non- retainer attorneys' fees and costs; and, 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 February 28, 2002, in the amount of $13,809.33; and, 23 24 WHEREAS, the City Attorney recommends payment of the attached 25 invoices. 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 3'0 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total amount of $13,809.33, are approved for 32 payment and charging $1,674.14 to account no. 1500 - 514.3435, real 33 estate /foreclosure; charging $11,604.44 to account no. 1500 -514 -3410, legal, non- 34 retainer; charging $141.00 to account no. 608 -1910- 521 -3100, forfeitures; and 35 charging $389.75 to account no. 1500 -514 -3452, code enforcement. 36 37 Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by evef . 1 2 PASSED AND ADOPTED this day of March, 2002. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Robaina: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner Feliu: 16 17 18 19 20 21 22 23 24 25 \ \Dell_6100 \Documents \City of South Miami \0022 - 001 \13142.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 NAGINN GALLOP FIGUEREDO P.A. Attorneys 6 Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 March 14, 2002 Hakeem Oshkoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending February 28, 2002, in the amount of $13,809.33, and requisition no. 83. I have tabulated the amounts currently due on each individual file as follows: `- 0022 -002 Real Estate & Contracts Statement No. 10892 dated 03107102 0022 -023 Parking Garage Contract Statement No. 10894 dated 03107102 0022 -027 Bruce v. Code Enforcement Statement No. 10895 dated 03 107102 0022 -034 CSM v. Third Group Mortgage Statement No: 10896 dated 03107102 Prof 1 Services $ 1,417.50 Disbursements 0.00 Total Due 1,417.50 Prof I Services $ 2,730.00 Disbursements 0.00 Total Due 2;730.00 Prof 1 Services $ 385.00 Disbursements 4.75 Total Due 389.75 Prof 1 Services $ 215.00 Disbursements 22.80 Total Due 237.80 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI March 149 2002 Page '2 of 3 0022 -046 Merrick v. City of South Miami Statement No. 10897 dated 03107102 0022 -052 CSM v. Johnny Jackson Statement No. 10898 dated 03107102 0022 -061 NRA, et al. V. City of South Miami Statement No. 10899 dated 03107102 0022 -064 Water Main Extension Statement No. 10900 dated 03107102 0022 -083 Planning Board Statement No. 10901 dated 03107102 0022 -094 Officer Darby Wagner Arbitration Statement No. 10902 dated 03107102 0022 -095 Lazaro D. Tabares EEOC Claim Statement No. 10903 dated 03107102 0022 -099 Forfeiture of Honda Shadow 750 Statement No. 10906 dated 03107102 0022 -103 Forfeiture of 1991 Nissan Sentra Statement No. 10910 dated 03107102 Prof 1 Services $ 3,528.75 Disbursements 22.26 38.68 Total Due Profl Services $ 3,567.43 Profl Services $ 45.00 Disbursements 7.25 Total Due 52.25 Prof 1 Services $ 2,8,10.00 Disbursements 0.00 Total Due 2,810.00 Prof 1 Services $ 262.50 Disbursements 0.00 Total Due 262.50 Profl Services $ 1,050.00 Disbursements 0.00 Total Due 1,050.00 Prof 1 Services $ 60.00 Disbursements 0.00 Total Due 60.00 Prof 1 Services $ 1,050.00 Disbursements 22.26 Total Due 1,072.26 Profl Services $ 70.00 Disbursements 0.00 Total Due 70.00 Profl Services $ 65.00 Disbursements 6.00 Total Due 71.00 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI March 14, 2002 Page 3 of 3 0022 -105 National City Mtg. Co v. CSM Prof 1 Services $ 0.00 Statement No. 10912 dated 03107102 Disbursements 18.84 Total Due 18.84 CURRENT TOTAL DUE $ 139809.33 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 83 Date: March 14, 2002 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price, Total Or Service Is Essential And A Authorized Proper Request Against The 1 Sufficiency of Appropriation Real Estate/Foreclosure 1500 -514 -3435 $1,674.14 $1,674.14 Head of Department Finance Department City Manager 2 Legal, Non - Retainer 1500 -514 -3410 $11,604.44 $11,604.44 3 Forfeitures 608 -1910- 521 -3100 $141.00 $141.00 4 Code Enforcement 1500- 514 -3452 $389.75 $389.75 TOTAL $13,809.33 Purchase Order No. I Terms /Discount I I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2002 Finance Director Matter ID: 0022 =002 _ Real Estate &- Contracts - - City of South Miami 6130 Sunset Drive Statement No. 10892 City of South Miami, FL 33143 Hours Amount 2/20/2002 LRF Worked on form contractor's agreement. 1.80 315.00 2/21/2002 LRF Prepared form contractor's agreement. 1.00 175.00 2/25/2002 LRF Reviewed general conditions to Murray Park agreement. 2.00 350.00 2/26/2002 LRF Meeting with Mr. Basu to discuss amendments to general 0.80 140.00 conditions for Murray Park agreement. 2/27/2002 -LRF Prepared addendum to general conditions for Murray Park contract; 2.50 437.50 telephone conference with Mr. "Basu regarding same. Total Professional Services 1,417.50 Rate Summary Luis R. Figueredo 8.10 hours at $175.00/hr 1,417.50 Total hours: 8.10 Payment is due upon receipt. _ Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 %o per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGUEREi O Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 654 -5351 March 7, 2002 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking_ garage-contract- City-of-South-Miami ----- ._ -- _ _ � ___.. 6130 Sunset Drive Statement No. 10894 City of South Miami, FL 33143 Amount Hours 2/1/2002 LRF Worked on Arquitectonica agreement. 5.00 875.00 2/8/2002 LRF Reviewed original draft agreement. 3.20 '560.00 2/12/2002 LRF Reviewed and revised Arquitectonica agreement. 4.00 700.00 2/13/2002 LRF Reviewed and revised agreement; telephone conference with Mr. 1.50 252.50 Basu regarding agreement. 2/27/2002 _LRF Status conference with Mr. McArdle. - - -- - "0.50 -87.50 2/28/2002 LRF Finalized easement agreement; prepared exhibits; telephone 1.40 245.00 conference with George McArdle. Total Professional Services 2,730:00 Rate Summary Luis R.- Figueredo -_ -_ - -15:fi0; hours at $1 5.00 /hr" 2 73"0 { Total hours: 15:60 _ _ _ Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEIGED NAGIN GALLOPFIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305);854 -5353 Facsimile: (305) 854 -5351 March 7, 2002 Hakeem Oshikoya Matter ID: 0022 -027 Finance Director Oityof- South.- Miami_' 6130 Sunset Drive Statement No. 10895 City of -South Miami, FL 33143 Amount Hours 2/19/2002 EAB Attention to Bruce matter; telephone conference with Mayor 1.30 195.00 Robaina on this matter; and meeting with Mr. Gallop. 2/19/2002 REC Filed Notice of Hearing and returned stamped copy. 0.75 15.00 2/2112002 EAB Attention to Bruce litigation, scheduled motion to compel and 0.30 45.00 motion to dismiss for hearing; telephone conference with neighbors on continued violations and operation of business from residential property. 2/22/2002 EAB Finalized subpoena of BFI Waste, LLC; and coordinated hearing for 0.40 60.00 motion to compel. 2/22/2002 REC Filed Notice of Hearing. 0.50 _ 10.00 2/27/2002 EAB Telephone conference with Mr. Harris; prepared letter to Judge and 0.40 60.00' to Mr. Harris requesting hearing on discovery issues; prepared i agreed order for Judge's execution granting. request for hearing date. Total Professional Services 385.00 _ Rate Summary - - - Eve A. Boutsis 140 hours at $150.00 /hr 360.00 Rose E. Cadenhead 1.25 hours at $ 20.00 /hr 25.40 Total hours: 3.05 Expenses _ -- Mileage 4.75 Sub -total Expenses: 4.75 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if -payment 'is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED ITAGIN GALLOP FIGEREDOPA. Attorneys: Counselors 3225 Aviation Avenue, Suite 301 Miami, 'Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2002 Hakeem Oshikoya Matter ID: 0022 -034 Finance Director __ CSM v..Thirsi_Gr_oup_Mor#age, __ ___ -_ __ —_.: City of South Miami 6130 Sunset Drive Statement No. 10896 City of South Miami, FL 33143 Amount Hours 2/4/2002 EAB Telephone conference with Mr. Rappaport regarding hearing on 0.50 75.00 city's motion to compel; prepared amended agreed order; and prepared letter to Mr. Rappaport and to Judge enclosed agreed order. 2/5/2002 REC Delivered documents to Judge Herbert Stettin. 0.75 15.00 2/19/2002 EAB Analysis of Third Group production and analysis of tax deeds, and 0.50 75.00 checks issued to City; and pending discovery issues._ 2/26/2002 REC Pulled files for Lots 3 and 14, made copies of tax deed 2.50 10.00 applications, notices scheduling the property for public sale, and notices confirming the sale as well as any surplus funds. Total Professional Services 215.00 Rate Summary _ Eve A. Boutsis - — 1.00 hours at $1.50:00 /hr 1.50.00 Rose E. Cadenhead 3.25 hours at $ 20.00 /hr 65.00 Total hours: 4.25 Expenses' Parking—Charge - - 5.00 - Legal research 14.80 Mileage 3.00 Sub -total Expenses: 22.80 - Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if -payment 'is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2,002 Finance Director Matter ID: 0022 -046 _ C.ity_of- South -Miami =_- -_ Merrick v 6130 Sunset Drive Statement No. 10897 City of South Miami, FL 33143 Amount Hours 2/1/2002 EAB Prepared letter to EEOC confirming extension until 2/11/02. 0.20 25.00 2/1/2002 JB Assisted Eve Boutsis in request for information on Ms. Merrick's 2.00 50.00 EEOC charge and copied exhibits need in this matter. 2/4/2002 EAB Email communications with ,Capt. Ross regarding documents 0.40 50.00 responsive to EEOC request for production. 2/5/2002 EAB Telephone conference with Capt. Ross regarding document 0.20_____25..00_ -- - ------- - -- - -- -- - - 2/5/2002 EAB Analysis of documents provided by Capt. Ross; and provided 2.50 312.50 further instructions to Capt. Ross as to wage documentation. 2/7/2002 EAB Prepared affidavit of Chief Watson, Admin. Assnt. Ms. Alexandra 10.50 1,312.50 Brutus, Detective Frank Gilbert; response to request for production, and finalized position statement' and memorandum of law; and various telephone and email communications with Chief Watson -' and Captain Ross on this matter: 2/IL2002 - J -6 Ws�rked -on -bates labeling -and t -oping documents to. be -sen �o -the 3.15 78.75 - EEOC in this matter: _ _ . _ . . 2/8/2002 EAB Finalized draft document for Mr. Gallop's review; telephone 7.00 875.00 _ conference with Captain Ross and Chief Watson regarding minor revisions to the documents; revised affidavit of Chief Watson and response to request for production; meeting with Captain Ross to � - o over -- - g _ _ er wages documents responseao_EEOC s;:request for - - -- -- - -- -- — - -- - - - - - -- - production; and received Mr. Gallop's comments and direction in order to revise City's response. 2[8/2002: J-B -- Continued and - completed working -- bates = labeling and copying 2.00 50.00 documents that need to be sent to the EEOC in this matter. 2/8/2002 EGG Reviewed response to EEOC discrimintation complaint by ofcr. 2.00 350.00 Merrick. 2/11/2002 REC - Obtained documents-from-the--Police -Department-. - - - -- -- fl.75= -- _ 15.00 2/11/2002 EGG Final revisions to city's reponse to ofcr. Merrick's EEOC charge of 2.00 350.00 - - Payment is due upon receipt. Please notify vs within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin .Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter lD: 0022 -046 Statement No.: 10897 Page: 2 retaliatory discipline concerning her unauthorized trip to South Carolina. 2/19/2002 EGG Telephone conference with Mr. McDuff regarding mediation of 0.20 35.00 Merrick claim. Total Professional Services 3,528.75 Rate Summary _ Eve A. Boutsis 20.80 hours at $125.00/hr 2,600.00 i Jordan Braswell 7.15 hours at $ 25.00 /hr 178.75 Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Earl G. Gallop 4.20 hours at $175.00/hr 735.00 Total hours: 32.90 Expenses _Legal-research -- - - - - - 10.76 -- - -- Mileage 2.50 2/27/2002 Federal express 25.42 Sub -total Expenses: °38.68 - _Ficr_Profess onal Services -- - - - 3;528.75 For Disbursements Incurred 38.68 Current Balance: 3,567.43 -- Previous Balance:--- - - - - - - -_ -- - 4,385.00 Payments - Thank you __ -- - - O.DO _ _ _. - - - - - - -- J - - - Total Due - 7,952.43 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a . rate of 1.5% per month will be charged if payment is not received within 30 days, Payment is due upon receipt.- Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2002 Matter ID: 0022 -061 Finance Director NRA,.et.al:.._vs._City of South City of South-Miaml 6130 Sunset Drive Statement No. 10899 City of South Miami, FL 33143 Hours Amount 2/20/2002 EGG Telephone conference with Mr. Michael Neiman, ass't. Attorney 0.50 87.'50 General, regarding scheduled oral argument and reviewed recent appellate decision regarding application of ripeness doctrine. 2/26/2002 EGG Prepared for oral argument. 2.70 472.50 2/27/2002 EAB Legal research on exhaustion of administrative remedies, and 1.00 150.00 injunction request to stop code enforcement action. 2/27/2002 -- --EGG Prepared for oral argument. 8.00 1,400.00 2/28/2002 EGG Prepared for and attended oral argument. 4.00 700.00 Total Professional Services 2,810.00 Rate Summary Eve A. Boutsis 1.00 hours at $150.00 /h[ 150.00 Earl G. Gallop 15.20 hours at $175.00/hr 2,660.00 Total hours: 16.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED ITAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2002 Finance Director Matter ID: 0022 -064 City of -South Miami _._ W-ater Main Extension -- - -- -. 6130 Sunset Drive Statement No. 10900 City of South Miami, FL 33143 Amount Hours 2/19/2002 EGG Reviewed application by city for variance by EQCB from requirment 1.50 262.50 to hookup to water main extension; reviewed EQCB order granting variance to village of Key Biscayne; attended meeting with Messieurs Basu, Balogun and Daniel Grandal, P.E. Total Professional Services 262.50 0 Date Summary Earl G. Gallop 1.50 hours at $175.00/hr 262.50 Total hours: 1.50 For Professional Services 262:50 - For- Disbursements Incurred - 0.00 Current Balance: 262.50 Previous Balance:- -0.00 Payments - Thank you X0.00 Total Due _ 262.`50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: {305) 854 -5351 Hakeem Oshikoya March 7, 2002 Finance Director Matter ID: 0022 -083 Planning -Board Ct of_South Miami. _- ty - _ 6130 Sunset Drive Statement No. 10901 City of South Miami, FL 33143 Amount Hours 2/2512002 LRF Began review of agenda and proposed changes to Land 1.00 175.00 Development Code. 2/26/2002 LRF Attended planning and zoning meeting. 5.00 875.00 Total Professional Services 1,050.00 Rate Summary Luis R. Figueredo 6.00 hours at $175.00/hr 1,050.00 Total hours: 6.00 For Professional Services _ - - ___ _ -_ - 1,050.00 For_ Disbursements-Incurred - - 0.00 Current Balance: 1,050.00 :Previous Balance: Payments - Thank you 0.00 Total Due 2,362.:50 To be properly credited, please indicate Statement Number on your remittance-check. Payment-is-due upon -receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. To be properly credited, please ,indicate Statement Number on your remittance check. Payment is due-upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Payment is due upon receipt. Please notify us within 10, days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. ; CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO" Attorneys & Counselors 3225 Aviation Avenue, -Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353: Facsimile: (305) 854 -5351 March 7, 2002 Hakeem Oshikoya Matter ID: 0022 -095 Finance Director Lazaro D.- Tabares - EfOC - - City of South Miami 6130 Sunset Drive Statement No. 10903 City of South Miami, FL 33143 Amount Hours 2/6/2002 EAB Attended meeting at public works to re- interview witnesses; and 4.00 600.00 finalize affidavits. 2/7/2002 EAB Telephone conference with Mr. Kelvin Bynum and revised his 0.30 45.00 affidavit accordingly; analyzed revised affidavits of other employees and drafted Mr. Willy Sneed's affidavit. 2/11/2002 EAB Finalized affidavits of Mr. Sneed and Mr. Bynum; prepared letter to 0.30 45.00 Ms. Corujo.enclosing the affidavits. _ _ 2/20/2002 EAB Attention to Tabares file; and prepared letter to Mr. Regalado 0.20 30.00 regarding hearing date. 2/25/2002 EAB Attention to discovery filed by Mr. Tabares (response to expert 1.50 225.00 interrogatories); and prepared affidavit of Mr. Carlos Hernandez. 2/26/2002 EAB Attention to file; affidavit of Mr. Carlos Hernandez translated into 0.30 45.00 spanish; canceled depositions of doctors as Tabares will not use expert at hearing. 7/28/20Q2 EAB Prepared _sulspoena of Mr. Juan Carlos Diaz. 0.40 60.00 Total Professional Services 1,050.00 -Rate Summary - Eve A. Boutsis 7.00 hours at $150.00 /hr 1,050.00 Total hours: 7.00 Expenses Legal research 22.26 Sub -total Expenses: 22.26 Payment is due upon receipt. Please notify us within 10, days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. ; Payment is due upon receipt: _Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 %o per month will be charged if payment is not received within 30 days. To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. 'Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days: Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /C.UENT PRIVILEGED PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 7, 2002 Matter ID: 0022 -100 Finance Director florida.Municipal-Loan City of SouthLLMiami _ _ _ 6130 Sunset Drive Statement No. 10907 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: _ -_- 787.50 Payments - Thank you 0.00 Total Due 787.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Payment-is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEWCLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March c 7 20 0 2 Finance Director Matter ID: 0022 -103 - City -of- South - Miami - - - -- - Forfeiture-of -199_1 Nissan- S €ntra .- _ 6130 Sunset Drive Statement No. 10910 City of South Miami, FL 33143 r Hours Amount 2/11/2002 EAB Prepared motion and order for default judgment; and prepared letter 0.40 40.00 to Judge Gerstein enclosing motion and order. 2/11/2002 REC Filed Ex Parte Motion for Default and delivered copies to the Judge. 0.75 15.00 2/22/2002 EAB Received and analyzed order for default judgment; and 0.10 10.00 communicated update to AC Feldman. - -- _ - - Total Professional Services 65.00 Rate Summary Eve A. Boutsis 0:50 hours at $100.00 /hr 50.00 Rose E. Cadenhead 0.75 hours at $ 20.00 /hr 15.00 Expenses r_ Mileage - 3:b0 Parking Charge - 3.00 �h Sub -total -Expenses: 6.00 Payments- 2/20/2002 Payment Ck #35726 270.-00— ail Sub -total Payments: 270.00 P receipt. - - _ a rnen # -is due Payment-is upon Please note us fy 10 da s of rece� • y pt of an questions you rate of 1.5% permonth will be charged if i 4 e have regarding this invoice. Interest at a payment is no r 9 P Y t received within 30 days. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGI'N GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854- 5351 Hakeem Oshikoya March 7, 2002 Finance Director Matter ID: 0022 -104 = == V1Cashington- .M.u_tual -Bank v. 6130 Sunset Drive Statement No. 10911 City of South Miami, FL 33143 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED N GIN GALLOP RGUEREDO PA. Attorneys & Counselors 32=25 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, .2002 Hakeem Oshikoya Matter ID: 0022 -105 Finance Director National City Mtg. Co. vs. -City of -South Miami 6130 Sunset Drive Statement No. 10912 City of South Miami, FL 33143 Expenses Legal research 18.84 Sub -total Expenses: 18.84 For Professional Services 0.00 For Disbursements Incurred 18.84 Current Balance: 18.84 Previous Balance: 525.00 Payments- Thank you 0.00 Total Due 543:84 To be properly credited, please indicate Statement Number on your remittance�check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. r CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: March 19, 2002 0 FROM: Charles D. Scurr �' RE: Agenda Item # City Manager Installation of 10' Fence at the Multipurpose Center The attached resolution seeks Commission approval of $6,220.00 for the expenditure associated with the installation of a 10' chain link and galvanized steel picket ornamental fence at the Multipurpose Center. BACKGROUND AND ANALYSIS This fence will provide security to all visitors to the Center. In the interest of safety and to prevent potential trespassers after hours, the property needs to be secured. Several fence companies provided quotations for the fence installation. The recommended vendor is Artemisa Fence, Co. who is the lowest bidder with a quote of $6,220.00. RECOMMENDATION Securing this City -owned building is a prudent measure, which will reduce the City's liability and preserve the aesthetics of the property. Approval of this expenditure is recommended. Funding for this expenditure will come from account number 001 - 2050 -519 -4670 "Maintenance and Repairs of the Landscaping Division ", The balance on the account will be $11,429-91 after this expenditure. Attachments 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 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 $6,220.00 TO ARTEMISA FENCE, INC., FOR INSTALLATION OF A FENCE AT THE MULTIPURPOSE CENTER AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2050 -519 -4670 "MAINTENANCE AND REPAIRS OF THE LANDSCAPING DIVISION ". WHEREAS, a chain link and galvanized picket ornamental fence is needed in the Multipurpose facility in order to protect and secure the property, and; WHEREAS, the property needs to be secured to provide a safe environment to the children and reduce liability arising from other unauthorized uses after hours. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The following quotes were obtained from fence companies: Artemisa Fence, Inc. $6,220.00 Cercas Islas- Island Fence, Inc. $6,340.00 Fence Connection, Inc. $6,800.00 Section 2. The City Manager be, and is hereby authorized to disburse the sum of $6,220.00 to Artemisa Fence., Inc. Section 2. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 19th day of March, 2002 APPROVED: MAYOR READ AND APPROVED AS TO FORM CITY ATTORNEY ATTEST: CITY CLERK EVA ,A i�;1�I�or. do a�s-1 o 4208 v ti PNONEs + L1 DATES G'}�_ J(j '9 ryZ JOB'S NAME: 2� alt' i /,I L � 4) STREET? 161L.- . CITVS STATE: STATEI :tea + , BLOCK No. SUBDIVISION Pe �' PC q� 40T No. • EST. ftWIT PEE_, .,_..... ACTUAL PERMIT FEE — PERMIT No. {fi .'We propose', subject to acceptance by Artemisa Fence to furnish and install a fence in accordance with quantities and sizes listed below. Before erections begun, purchaser is pb s it /�, �z �s upon completion; or Cull = on or before '71 Same ano conolvloni or o nawcs. *straet price of deys otter completion, or Financed by 03/07/2002 10:32 3056677806 CITY OF SO MIA PURCH PAGE 02 P_01 may -06 -02 01:05P ISLAND COO CC. 7790 � oADE CALL US FOR ALL YOUR FENCING NEEDS! DADE• 000 98 -8s 247 DADE: (305) 868.9090 • Fax- (306) 888,7424 aRoVI CC* 90.57161IX + BROWARD: (954) 989.9990 • Fax: (954) 889,9466 www.1sld'1dfG;10E.COm rchne�+ q Iy !o aatsbdylr 1Wcv�. l C li e ISLAND FENCE D Fl)RiDA. INC.. f L n i c wopmpnW, SJD;aCA a ;yo ub sakes � and to vemJ coill Dnl mon halrnay lyAAto wilt) ord 0l Boto /e aIACIIGn s troDorty tny a nnMtr: (06, ADDRESS. — LIP: / _. t3'rATF : - FAXr CONTACT PEpSUN:' P9i4iVF: _ R J - 9S::R P 750 BILLING ADDRE LIZ 3 UZ oA�e; Q P Y F. M VI4A. AX' F This (pNfltCt is sue)ecl to cntieliant and t andittot +l On Tha rovar38 5,110 hwool and I% not bmdlnq JPCn It MLANO FENCE 0° Fl C)ROA, INC , unto eccooled a'ld eppl+rva t by an ctncar of the Cc+n.prnY � T►+ „r cgs G v- Z ISLAND FENCE OF FLORIDA. INC. ALK 0AIVF DIAGRAM oat OAT[ NiRE - DAMPER (iA11. SIZE oa��E TEPVNAr PM1 �L.� T X �- 3 n - GA $FRAME j,/ G /f�tX�t: P;CKET SIZE SIZE LINE 0o T TOP RAIL DIAWSA LICE OeAl • i �� PATE FRAMF WAGING { G. �Z KNUCKLE UP 1 BARBUP RAIL a0AR[y8 SPACING D zI I 1 Ft ^K E 6'YLE RTFFI 7 -0 ATI I RAI QUANTITY N[,Tlcii FAILVPC 'O uArt[ rAVMGNT3 N iuL'. 4�CiN I:OµP'.t IIUN '7t N( %Pn WII t FENCE STYLE REOVL -RlA 17 «RAft•lV•��rrW Li:S:ryTAic:TAfvCAN'•FSA:ChA V' -T LCG,\l i[[ ""� TO OF 1A iN QVt"UI 11i 9Al•Nt. F U NLi: +G UT*GpW, 0E arr[ _ I •I ED 0Y TrtC CC)N' •ArTnN C.ONTHAI', „' y1 �,;�' N()T IN( ", tIC•F [FR�,/1T� VN�Ii00 =�': CfCrCG TOTAL CASH PRICL: S —r— O U FOLLOW GROOND `J M1t N�bK- M)l6Lf FOR i..C)CATIONOF►[NCE EN viIP1YtT IS W), Nr;:tl':T<:NGF Nor AC9PIONSIOLE MR PIC FAIM.(I�UNpiPCeF9VNDGAYLia. wnit;n�NC. 9R OPFI J•r<LCI LINC' ❑ FF.NCF! NF CI.rAR Or 013STRUCTIO.`IS r�CG EXn1A^1ATIJN(?R 1_NMY QM.MfYF,P7F;il()F PURCHASER: ACCEPTED: ISLAND FENCE OF FLORIDA, iNC. by, I% CL- By. :FENCE CONNECTION, INC. Phone: (305) 279 -3005 P.O. Box 180429 Fax: (305) 279.2582 Miami, Florida 33118 it Y 0 So Address; 422" tin: Data Maros: .IOp Namr. SW 7e ► - 208 r1 X91 55 phone: - we propose. subject to acceptance by Fence Connection, Inc- to furnish and install a fence in aecordancs with quantities and sizes listed below. Before erection it begun. purchaser Is to establish property Nrrr crakes and grade stakes and to remove all obstructions that may interfere with erection. Purchaser le to o ai to n o rOro Fence Connection, Inc. is not responsible for any damage to unmarked lines. Per and ps(mif fes not includad plea" advise if required. Site: 6701 SW 58 pl. (par ) Remove & scrap existing chain link fence (pull footings): 45' + 71' - 6' high temporary style fence. 118 -' - b' high fence & gates. New: 98' - 10' high chain link fence (North Fence side basketball courts) Including 1 - 3 "6 "x7' walk gate. fence. 39' - 12' high chain link fence ( North side of baseball backstop); to match backstop --------------- $3,775.00 122' - 6' high: galvanized steel picket fence including 1 - r 1 te & 1 - 12' double drive gate. wa gal-- ce panel. rc9way picket fen rc way picket fence / walk gate. � "Powdercoat" painted - special color. Both walk gates have lockable lever Similar to existing door handle. --------- - - - - -- $6.800.00 handles; both sides; The prlce quoted is predicated on installation commencing within 00 days of the proposal data. Prices are good for 30 days after proposal date. Title to the above property shall remain in the faller, Fence Connection. Inc., untll payment In full in reoelved. pursuant to the terms hereof: Approved and Accepted: FENCE CONNECTION, Inc. By Ted Wallace (Dealer-1141190 Industrial ,Sales (SEAL) e In the event the money due hereunder, or any portion thereof. has to be collected on demand of an attorney or by Suit, the purchaser agrees to pay all coats of Collection including interest al the highest legal rate and a rea60nable attOmey's fee. THIS IS A RETAIN TITLE CONTRACT City-of South Miami (SEAL) (Purchaser) what— orrOM►AL I:ANAnr G'USTOV(:A OINK —FILE (Title) (eyl PLEASE BIDN AND AEWRN ORIGINAL CONTRACT AND ONE 00" OF SKETCH (SEAL) CITY OF SOUTH MIAMI .......................... .......................... INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: March 15, 2002 From: Charles D. Scurr Re: AGENDA ITEM # • City Manager Commission Mtng. 3/19/02. Selection of Financial Advisor REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL ADVISOR, AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH FIRST SOUTHWEST COMPANY FOR THE PURPOSE OF PROVIDING FINANCIAL ADVICE TO THE CITY. BACKGROUND The construction of the parking garage mixed with retail shopping complex in the downtown business district recently approved by the City Commission is scheduled to begin next February. Before the construction commences, there are several pre- construction activities that the City needs to engage in. Among them are the design of the facility by an architect and the hiring of a construction manager to help coordinate the construction work, to name a few. Performance of these activities involve payment of large sum of money to the vendors that would be doing the work for us. Because of this, it behooves the City Administration to begin the process of seeking the funds for the construction activities, immediately. Hiring of a financial advisor is a first step in this process. Furthermore, the City Administration is in the process of drafting plans for the improvement of City infrastructures in the near future. This improvement would involve the use of large sum of money that will make it necessary to seek outside source of funding for the construction. The financial advisor hired by the City would assist us in analyzing the various forms of financing, and source of funding available in the market, to ensure a good financial decision for the City. In reaching the decision to recommend the First Southwest Company to be the City Financial Advisor for the aforementioned projects, the City Administration solicited and reviewed bids from three financial advisory companies namely: Dunlap and Associates, Inc. First Southwest Company Southern Municipal Advisors, Inc. (SMA) First Southwest Company is represented locally by Mr. Ed Marquez, who worked for Miami - Dade County as Finance Director, and for City of Miami as the City Manager. The company is ranked as the #1 financial advisory firm providing services to local governments in the nation. The company has handled various number of funding schemes, and demonstrated its reliability by the number of repeat clients in its portfolio. 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 FINANCIAL ADVISOR, AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH FIRST SOUTHWEST COMPANY FOR THE PURPOSE OF PROVIDING FINANCIAL ADVICE TO THE CITY. WHEREAS, the City Commission recently approved the construction of a mixed use facility for retail shopping and parking garage in the City downtown business district; and WHEREAS, in addition to the project indicated above, plans are under way for the improvement of City infrastructures to commence in the near future; and WHEREAS, funding for these projects involve complex financing scheme that requires the services of a financial advisor to ensure that the best financial decision is made for the City; and WHEREAS, the City Administration has solicited bids from three different financial advisory services companies listed below: First Southwest Company Dunlap and Associates, Inc. Southern Municipal Advisors, Inc. (SMA) WHEREAS, the City Manager, City Attorney, and Finance Director have reviewed the bids and interviewed the representative of two of the companies; and WHEREAS, after careful deliberations, it is recommended that the firm of First Southwest Company be awarded the contract to provide financial advisory services to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Commission hereby accepts the recommendation of the City Administration, and authorizes the City Manager to sign a contract with First Southwest Company. Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2002. APPROVED: MAYOR CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST: Date: March 12, 2002 Agenda Item # +/ Comm. Mtg. 03/19/02 Res Authorization for the City Manager to execute agreement with the lowest responsive bidder to install six Traffic Circles at the intersections on: (a) SW 63rd Avenue and SW 70th Street (b) SW 62nd Court and SW 69th Street (c) SW 60 Avenue and SW 68th Street (d) SW 63rd Avenue and SW 68th Street (e) SW 64th Avenue and SW 66th Street (f) SW 63rd Avenue and SW 66th Street A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE REDLAND COMPANY, INC. FOR THE CONSTRUCTION OF SIX TEMPORARY TRAFFIC CIRCLES AT INTERSECTIONS LISTED BELOW, IN AN AMOUNT NOT TO EXCEED $28,683.00, TO BE CHARGED TO ACCOUNT NO. 001 -0000- 132 -2052; PROVIDING AN EFFECTIVE DATE. BACKGROUND: This implementation of neighborhood traffic management for the residential area bounded by Brewer Canal from the west, Sunset Drive from the south, SW 62nd Avenue from the east, and SW 64th Street from the north, is submitted for your consideration. As you know, we initiated a traffic management study to address speeding and traffic intrusion in local residential streets. We contracted engineering services of Marlin Engineering, Inc. (MEI) to perform traffic data collection as well as development of traffic calming alternatives for the study area. As a result of the traffic management analysis, one of the recommendations on improvements is to install six traffic circles at the following intersections: (a) SW 63rd Avenue and SW 70th Street (b) SW 62nd Court and SW 69th Street (c) SW 60' Avenue and SW 68th Street (d) SW 63rd Avenue and SW 68th Street (e) SW 64th Avenue and SW 66th Street (f) SW 63rd Avenue and SW 66th Street City Manager's Inter -Office Memo to the Mayor and City Commission on six traffic circles In an effort to implement the recommendations, bids were requested from six contractors for a typical temporary traffic circle (Twin Lakes Drive & SW 65th Avenue), and the attached four bids were received. The staff has evaluated the bids and recommended The Redland Company, Inc. for the project. You should note that The Redland Company, Inc. installed the temporary traffic circle at the intersection of Twin Lakes and SW 65th Avenue, satisfactorily. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: ❑ Proposed Resolution Copies of bids received ❑ Letter from The Redland Company, Inc. • Traffic Circles (Phase II) LOCATION OF PROPOSED TRAFFIC CIRCLES City Manager's Inter- Office Memo to the Mayor and City Commission on six traffic circles 2 I RESOLUTION NO 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO 5 EXECUTE AGREEMENT WITH THE REDLAND COMPANY. INC. FOR THE 6 CONSTRUCTION OF SIX TEMPORARY TRAFFIC CALMING CIRCLES AT AN 7 AMOUNT NOT TO EXCEED $28,683.00, TO BE CHARGED TO ACCOUNT NO. 001- 8 0000 -132 -2052; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission wishes to p rovide traffic calming 11 circles for the residents of the City of South Miami, and 12 13 WHEREAS, the Mayor and City Commission authorize the City Manager to execute 14 a construction contract with The Redland Company, Inc. for the construction of six 15 temporary traffic calming circles for an amount not to exceed $28, 683.00. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 19 20 Section 1: The City requested bids from six contractors for one typical temporary traffic 21 circle and four bids were received. 22 23 Section 2: The bids have been reviewed and the staff recommended that the contract be 24 awarded to the lowest responsive bidder: The Redland Company, Inc. 25 26 Section 3: That the Mayor and City Commission authorize the City Manager to execute an 27 agreement with The Redland Company Inc. for the construction of six temporary traffic 28 circles at the intersections of: (a) SW 63`d Avenue and SW 70th Street, (b) SW 62nd Court and 29 SW 69th Street, (c) SW 641h Avenue and SW 68th Street, (d) SW 6' rd Avenue & SW 68th 30 Street, (e) SW 64th Avenue and SW 66th Street, and (f) SW 63rd Avenue & SW 66th Street, 31 for an amount not to exceed $28, 683.00. 32 33 Section 4: The total amount of $28,683.00 will be drawn from account number 001 -0000 34 132 -2052. 35 36 PASSED AND ADOPTED this day of 12002. ,7 38 ATTEST: APPROVED: 39 40 Ronetta Taylor, City Clerk Julio Robaina, Mayor 41 42 Commission Vote: 43 READ AND APPROVED AS TO FORM: Mayor Robaina: 44 Vice Mayor Russell: 45 Commissioner Bethel: 46 Earl Gallop, City Attorney Commissioner Wiscombe: 47 Commissioner Feliu: Resolution on Six Traffic Circles I ID MAR 13'02 10 :21 rdo .007; F.0", d l - l a n'` Tel ��` �� cAMMNr Wt: Office: 1305) 2d7.3226 23749 8.`AI, 167 Avenue ® Hornestwel, Florida 33031 Fax: 1305) 247 -1755 March 13, 2002 Via Fact (305) 668 -7556 & U.S. Mail City of South Miami 6130 Sunset give South Miami, FL 33143 . '1 "TNa W. Ajibola� Baiogun, REM, Engineering and Construction Director RE: Traffic Circle Improvements SUBJECT: Additional sites Hear Mr. Iiaing;un: As requested, TRC coffins this letter as confinnation that is will hold its original pricing cal' $4,780.50 minimum lycr location for additional similar traffic circle ianprovemcrtts udder I he w:ne conditions and qualifications for another 60 days from today. Should you rcgLtirc anything further, please ict me know. We look fbmard to continued husliness with the City of South Miami. Sincerely, 'iota+. RFmi.AND COMPANY, INC. 5Jarrnes A. Easom Estimating said Project Management (_'c. TRC' distributicnr P11- 0501.05OAddewiSita& dos Complele Lcind Development Aspf41 Concrate C0r*t(%0C 0A Clearing a Drainage a Water & Sewer L a6 Excavation Equipmant Rentak H191wroy a Porgy ing Areos • D6vew 2 Piral Tri-f-A—Mare NNIVITIn-ME-noinsering Typ7c Proposal stated must include all costs and "nees for labor, OquiPment, materiiis, survey, contractor's ow*,fi#jad and proft Payment of this prolict will be basad upon complation of the entre prolect as a lump &urn contract In accordance with the attached typical detail, The proposed projoct ansa are: 1. Twin Lakes Drive (aW 61 ot Torrw,*) dr SW Ofth Avenue 2- ISW 63rd Avenue A OW rkh Street Ure A) Thermaplasta Markinva nit Ung'COSt Total Fumish & Install 011 Oowblo Y*Ilc;%w 400 ff Furnish & instal jell Sold Yellow 32 ► Furnish A Install 8' $did Yiallow 32 If Furnish & Instarli 6' Mid Whits 07Q d -7 7- 7 Fumish & in4t491 18'WhIta 3' Scup 409 8) R&NcOvs Powmant Mo*or# (RPM) Furnish ,& install Yellow, Mon"iraloWnal 18 isach Furnish & Install Yallow, Bi-Olmllonal k4 each .57 Furnish & Install 181 Square: 15 Mph, 4 each C Furnish & Instal 36' Square! Circle Symbol Sig 4 each ':t I, zoo Furnish & Irma all 36"Triongular: �leld Sign* 4- each Dj Type "F" Curb per Inlemeatri (See Flan � ZDO ti-r- Eitimatsd Torta Off ast Imcl,de furnj'$� inetarl= oJ3 n postsl W�_ �9 re; with Fittings & specials The t� dder cleciamo that he has examined the cite of the work and that from Personal kripwigdge ana *x pfmanr4' or that he has mride sufficient observation of conditions of tho pnoiscl sitft to to Wisly himself that such ills is a cormet Ar4 itAtaNs one for this work. Did OdCez for ifiwvariclus work litma ears indancied to establish a total ptice for r;c)rnpjgUrj9 r,,e project in its eftli". The Gontractor shall inclwoo In the bid, any kern for which a mpwats oay item has not boom 46tablishad in this foFm (',inder any related pay Itorn), to reflect the total price for Completing the PI-11e4t In its entirety, as specified in the I ypicai Det.111 Plan, Narne of Sidder (Rapreseritatlys) BjddaFjCo_mpany) Fax: POO/ Y7-rC 17'�_ LIU, L_.F 0�vt ':h.' 1, �Vlt' C4) 0 v- ck j L) a", ED t F k()rt SQt E T H =PN i4SPHai_T ENG I NEek I NG PHUNE NO. : 3@SS6'r 039E Dec. 0`_� =001 €35' 27(Pi TydiCai Traffic Gtnit {�tart';n EnQinasr.rlQ Typical) F OPCZ A „�t%Mtv',(�lovs�m�at_ 2a)G1} ?roaosV cata2 -lust ,rcijda aid eOSES And expenses `or iawr. agsripmanl, msmir+a;s. Survey eontm=torp ovei!aad and rroAt: Paysrent of this project 1 P be based upon c®rnA* on cP tr:e enrr5 Y,:'. C1 as a lump a:itt CAr14raCt, in accordo."c'f w$!1 t;ly s�(*sA-.d dyp'cet dAta!f 'he propn8ed rolow Sher, a"8'. ,1 ,,wlr) Lakea Drive SW Oise Terrace) SAM 85th A'renu• 2. 4W 93rd Averue L SW 77th Straet _ CsiC?ip;iC:n flt,an!si�. ilni +c E1!i' GCS! ?fir iA; �. Thtrrloplasllc Markings r _ �0 ✓ ? F�f An $ instail 5" Oca�D'e Yo,(c'a 4QV '° i a ?S I Furnsn a �nscal� 18" Shcld YettOw J.?�!' t i ! f-vmis ", B 'ns'.att $ S !+C Yellow 3A 1f NOT i"i rufr..isoi & ,rsialtA" Sale Vj'h'te j F3; If ' � hurrlsh � Instal, ? vNt,ite 3' StttD � 401 If $. �id) �b,t3c5 S; fiellert va Pavement vl arkers (RPM) Fvrr,i ' s "MAN Y411 0'1U, �nsna Care ii0 5b; ` 18 aaCr 1. 001 i =urn s� b rata!t Ye110 . e1�i�e.rowaE 24 each r 3 C) Stmot sign a' ir.StO P ' Squa`e. 18 AIM CU• ",,:rh L�'.t °.3 R%1i'. d$' �4uvP9. ,if 10 syrm�vi S!ry1 0.. 265S o ! °$$. stts7r"tad Total Aial akin S 't,Cat snail nclul. ` -"n' -' ns,,3ib8tto� G4 vier �nsts tGrT:skBwaY} 9 ?tis C O,�cj d;9t^_tar59 tha•. r,� h�z axarnlntd ine site o' ,`,e wC�K a,zC :n.dt trs:�' pe�30ne; x�: ❑wlae�a and axaon ~c� 4 t,, lF ;,as rt+ d3 ;vtFGi��t oDSOr�'ancn cf cc nditiCns o" th; Drolect SItas 13 ,a 4Sttaty?�;n 55I` t ax:1 ❑eh 'icr� is 9 ecrra ct and �uf!a,lo a ^¢ f•Dr this wcric. ;9 p iGas �0- tlla a "';ovs'rror'•c iteIrs are '.nte�,d *d to astabish it Etatal pcie9 fcr cam' -lslin ; t.2 pr0l; ct r :aE entirety T1 t C❑'1tr&Ctar Sha.l +PGs3d8 (n �"8 bd, tlny tOCi'C .uh,1Cr: ti^ Sa ata'.E Goy �t9f , "+�s n,�.'• b3�n cratablfShed :n this form (unCf3r any retSMS Oa'! t1.-my to rer'ec: 1w '10— G-�:oe , f, tie l" i^ nt Dotail,Ptar.. br tcmrieli[ G t 18 �Dn)9tt in tt3 er'arety. 35 C CIf �G YP d1 r ct 3idce, _ � r�2,ne or 6',dddr RaFres'ntecitit, 17 Ltr>t E a ass Me P94VT NOT* JL1QVUaD a r Na c 0 aoa 4 so.Qu 1350,00 s} f +G1Mr SSGaA� t', FFT Ps eLp_ fan.+ P-, Wr ACrQ,4srE0 rt)fstwl s4 2M.Pv j,1Af0.z,[) n�a n n� �maam OTTcincl egiP :n1 o 90 oac I - AJf•,', tilll 1Lt Lo: A.; C:tJ. 7JU:.i.:J %1./ Dr -tkLU ll4 LI L•J I a I L,44 11f"' Oil 2t13_ _1. ? ,'a1ti5687251; CrT'y of II ;TH iTrp,lt Typical Traffic Cirelo (Marlin En;g7s%oring fiypiCaQ PROPOSAL URM ( yamber. 20tH,} Prop+asal stated must include all costs and expenses for labor, equipment, materials, survey, contractor's overhead and profit. Payment of this project will be based upon completion of the entire project as a lump sum contract, in accordance with the attached typical detail. The proposed project sites are 1. Twin Lakes Drive (SW 61st Terrace) & SW 651th Avon us, 2, SW 63rd Avenue & SW 79th Stye ®t Description Quantity Units Unit Cost Total A) Thermoplastic Markings Furnish a Install 6" Double `fellow 400 if , ��► = d�% ,. ... Furnish & Insiatl 18" Solid Yellow 32 If tI'd o Fu rnish & Install 6' Solid Yellow 32 if �,, ?,I rIL,�� NOTE Furnish & install 6" Solid White 970 1f Furnish & Install White 3' Skip / if 40 If Sa Reflective Pavement Markara (RPM) Fu °rtish & Install Yellow, Mono - directional Furnish & Install Yellow, 6i- directional 24`each v � C) $ -treat Sins* Furnish & Install 1S" Square; 15 MPH' 8 each � `�� Furnish, & install 36" Square; Circle Symbol Sig 4 each Furnish &, Install :" Triangular; Yieid Sign* 4 each Estimated Total C 0w 'Cost shall include furnish& installation of Sign Posts (breakaway) with fittings & specials The bidder declare; that re has examined the site of the wor'r and that from personal knowledge _.._. --- - -- experience, of that he has made suffticient observation of conditions of the project sites to to satisfy himself that such site iv a correct and suitable one for this work. r Bid prices for the various work items are intendEd to establish a total pricey for completing the .orojeet in its entirety. The Contractor shell include in the bid, any item for which a saparater pay Item tas not been estaolished in this form (Irnd,;r any related pay Item), to reflect the total price for completing the project in it;; entirety, as specifiad In the Typical Detail Plan. � ivarne of Bidder (Representative) Signature of ; er �. Phone: - 24Z'EL-fQ idder (Company) Fax'. °f 8 6 ' il- Y2' ,T41 % 7 10 4 I r �� Ind NOU-2?-2001 -----Typical Traffic Circle (Marlin Engineering Typical) Proposal stated tated must tncl�.WG all costs and expenses for labor., eqwiprnant, materials, survey contractor's overhead and profit. Payment of this prQject will be based upon compl---Uon of the entire projfsCt as a lurnp SuM contract, in accord a nutj with thlb a Lt&J lL-d Lypica i detail h proposed rojecL sites a-e, 1. win Lakes Drive (SW Gist Terrace) & SW 65th Avenue 2. W 63rd Avenue & SW 79th Street tio n (auAnrity 11-ini-I.- Unit C--:-'L Tota' V)— Thermoplastic Markinos On. jo Furrilsh & install 5" Uouble Yalicw 400! if -efl) Furnish & Install 18' Solid Yellow 321 1f 1 Furnish & install 6"SaIld Yellow Furnish & install 6" Solid %Nhite 970 If NO T IE ! I , &D Furnish & Install 16" �Alhite 3' Skip 40 If ReflertiYe PavernarIT Markers (RPM) Fuir,i5h a i:)5tall Yellow, Mano-direcl,-ional 13 etch Furnisi & install Ye.11ov,,, 24 each 7. l i $treet Signs* Furnish & Irstaii 18" Square; 16 MPH' 4 eecn 0 j 35" Square: Circle Syrr,-al Sig 41each Funmlzi- & install 38' Triangular-, Yield Sign' Estimated Total -6,.69 . *Coal shall `include fUrnish & installation of Sigr Posts (breakaway) w,Lh flttir,92 ZPCci-alc The bidda. dCC:Inrrs t11at hC- hq.q examined the site of the,,vork and that from person8i1Kr,0,,VIQt'-e and axpen I ence, a,-that tie has made t.ufficiefit observation Cf conditions of tho prqact$�Itas to I to satistv ilimsel," that such site is 0 correct aid suitable one f0-1 this work' aid prilods I for "ile vari=s "York items are mterced to estabiish a total price for completing 1 1 NCn C-1 separate pay pro ,loat ir,;�s entirety. The Contra--tor sh;!,!iInc�lude in the t;i d,;�nY item f0rW item has r, I)Elerl established in this f0l`rn (under any related pay ita�rn), to reflect V.fd lvlz�i prl�,!5 al Data!! Plan. fV CCr:7�pl,14ng t�e in it-.-� entirety, as spe&H--d in the Typic:, Ary 2rne of Bidder (Repr.G-ntative; Sign Tr Sl d a e r, 3915�,6117—sqv 'tom eiddcr (CQrPsny) Fax: Z171 OGG 78GO, CIO :pT jj-J_7j7 -. T I' CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: March 12, 2002 Agenda Item #, From: Charles D. Scurr Comma Mtg. 03/19/02 City Manager Re: Authorization for the City Manager to execute Professional Service Work Order with Kimley -Horn & Associates, Inc. for engineering design service oh SW 58th Place Traffic Calming - Alternative "C ", SW 68th Street Watermain Extension (Construction Administration Only) and Multi- Purpose Center Parking Lot REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE WORK ORDER WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, ONSITE DATA COLLECTION, PREPARATION OF DESIGN PLANS AND PERMITTING, POST DESIGN SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION OBSERVATION SERVICES FOR SW 58TH PLACE TRAFFIC CALMING- ALTERNATIVE "C ", SW 68' STREET WATERMAIN EXTENSION' (CONSTRUCTION ADMINISTRATION ONLY) AND MULTI- PURPOSE CENTER PARKING LOT IN AN AMOUNT NOT TO EXCEED $54,000.00 FROM CDBG FUNDS AND 2001 LEGISLATIVE APPROPRIATIONS; PROVIDING AN EFFECTIVE DATE'. BACKGROUND: Following your approval to proceed with the necessary engineering design plans for SW 58th Place Traffic Calming, we have requested the attached proposal from one of our Professional General Engineering consultants for the project. Added to the project are construction administrative services for the Multi - purpose Center Watermain Extension, along SW 68th Street and the preparation of plans /specification for the grading, pavement marking and landscaping of the Multi- purpose Center parking lot. Our intent is to have the construction activities run concurrently with the on -going Multi- purpose Center construction. The project will be funded from the 2002 CDBG and 2001 Legislative Appropriation funds. Funds available are $250,000.00 from 2002 CDBG and $153,000.00 from 2001 Legislative Appropriations for both the engineering services and construction cost. Kimley -Horn and Associates, Inc. is one of the City's approved Professional General Engineering Consultants. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL 5 SERVICE WORK ORDER WITH KIMLEY HORN AND ASSOCIATES, INC. FOR 6 PROFESSIONAL ENGINEERING SERVICES FOR ROUTE SURVEY, ONSITE DATA 7 COLLECTION, PREPARATION OF DESIGN PLANS AND PERMITTING, POST DESIGN 8 SERVICES, SPECIFICATIONS, CONTRACT DOCUMENTS AND CONSTRUCTION 9 ADMINISTRATION SERVICES FOR SW 58TH PLACE TRAFFIC CALMING - ALTERNATIVE 10 "C ", SW 68TH STREET WATERMAIN EXTENSION (CONSTRUCTION ADMINISTRATION 11 ONLY) AND MULTI- PURPOSE CENTER PARKING LOT IN AN AMOUNT NOT TO EXCEED 12 $54,000.00 FROM CDBG FUNDS AND 2001 LEGISLATIVE APPROPRIATIONS; PROVIDING 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional 16 services of Kimley -Horn and Associates, Inc., to provide route survey, onsite data collection, 17 preparation of designs & permitting, post desin services, specifications, contract documents and 18 construction administration services for SW 58 Place Traffic Calming, SW 68b Street Watermain 19 Extension and the Multi- purpose Center parking lot construction; and 20 21 WHEREAS, Kimley -Horn is one of the City's approved Professional General Engineering 22 Consultants; and 23 24 WHEREAS, the proposed improvement will be funded through 2002 Miami -Dade County 25 Community Development Block Grants and the 2001 State Legislative appropriation funds. 26 27 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY 28 OF SOUTH MIAMI, FLORIDA, that: 29 Section 1: The City Manager is authorized to execute a Work Order with Kimley -Horn & Associates, 30 Inc. for the professional services in connection with route survey, onsite data collection, preparation 31 of designs & permitting, post design services, specifications, contract documents and construction 32 administration services for SW 58h Place Traffic Calming, SW 68`" Street Watermain Extension and 33 the Multi- purpose Center parking lot construction, in an amount not to exceed $54,000.00. 34 35 Section 2: That the attached proposal, Professional Service Work Order, be made a part of the 36 resolution. 37 38 PASSED AND ADOPTED this day of , 2002. 39 40 ATTEST: APPROVED: 41 42 Ronetta Taylor, City Clerk Julio Robaina, Mayor 43 44 Commission Vote: 45 READ AND APPROVED AS TO FORM: Mayor Robaina: 46 Vice Mayor Russell: 47 Commissioner Bethel: 48 Earl Gallop, City Attorney Commissioner Wiscombe: 49 Commissioner Feliu: Resolution on Six Traffic Circles I Page 2 of 2 Comm Agenda Item Mar. 19, 2002 RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: ❑ Proposed Resolution ❑ Professional Engineering Services Work Order Map of the proposed project area 03 ,113/92 WED 11:42 FAX 19847392247 KIMLEY HORti I l�liJ2 PROFESSIONAL SERVICES WORK ORDER Date: March 13,2002 To: City of South Miami Engineering chi Construction Department 5130 Sunset Drive South Miami, Florida 33143 Project Warne. SW 58`h Place Traffic Calming - Alternative "C" SW 68d Street Water main Extension (Construction Administration Only) Multi Purpose Center Parking Lot Funding Source: Afiami -Dade OCED — CDBG Funds As per Professional Services Agreement approved by Resobition Flo: 112 -01- 11260 by the City of South Miami, this professional services work order shall amend the following sections of the agreement as foilows> Section 1 — General Previsions Section 2 — Professional Services 2.1 General ,engineering Services Delete items A through E and replace with the following: Route survey, onsite data collection, and professional engineer nb services required to prepare design plans, specifications, contract documents and construction observation reports for the proposed SW 58`h Place Traffic Calming'..briprovements. The design shall provide for roadway reconstruction that includes minimal Paving Grading & Drainage; Pavement Markings, and Landscape/Irrigation improvements within SW 581h Place from SW 66`x° Street to SW 681h Street. Additionally, minimal construction phase services will be provided for the construction of the water main extension along SW 68`h Streec as designed by KHA. The plans for the sub - grade, grading, paving, pavement marking, and landscaping that have been previously prepared by KHA for the Multi- Purpose Center Parking lot will be included in the bid set for the SW 58th Place traffic calming project. This effort shall be to include the additional plan sheets in the overall bid set and modifying the bid package to incorporate the additional project area. PSWO - Streets Page 1 03/13/02 03/13/02, WED 11:43 FAX 19547392247 KIMLEY HORN X 003 2,2 Basic Services Delete first two paragraphs. 2.2.1 Phase I — Preliminary and Schematic Design (Lump Sum Fee: $5,500) Deleted from this Work Order and replace with the following: The Consultant shall provide a survey of the project jStreet to SW 68"' Street 0 ect area. The limits of 6 thO survey are along SW 58;h Place from SW 6 within the riglit-of-way. The survey will be limited to collecting the following information. Location Surwyi'Onsite data collection Topographical Survey (Cross Sections at 50 feet intervals) Establishment of hoxizontal and vertical control (Including bench marks) Survey Coordination Obtaining Centerline elevations .6-4.2 Phase 11 — Study and Design Development Deleted from this Work" Order 2.21.3 Phase III— Final Desig?Xonsiruction Documents Development (Lump Sum Fee: $34,500) A. G. H. Z. 7. K L, K Revise language as follows: Delete "From the approved Design Development Documents," and insert "Frorn the written direction of City staff '. Delete last sentence of paragraph. Replace "100%." with "Final". Delete this section Delete this-section Add "The Consultant will attend a "Dick -off' meeting, with the City of South Miami Engineering and Construction Department". Add "The Consultant will prepare and submit drainage calculations and design for the project". Add "The Consultant shall prepare the Project Manual (Construction Contract Agreement and Design Specifications)" Add "The Consultant shall furnish 12 copies of the final plans and project manual to the City". PSWO • sueets Page 2 03i1:1/021 03/13,'02 WED 11,43 FAX 19547392247 KINILEY HORN 2.2,4 Phase IV —Bidding and Negotiation Phase (Lurap SWI Fee-' $2,500) D. Delete this section B. Delete this section 2.2.5 phase V — General AdininistratiOn Of the Construction Contract (Lump Sun, Fee: $10,500) 13. Delete this section sentence. Replace the word E. Delete "at least" and "all" from first 3 "guard" "guard" with "inform" and replace "against" with "Of 44 '. Add as additional services" at end of third sentence. Delete "irnrnediatelY" from last sentence. G. Delete "he certifies to the City that" from second sentence. H. Delete this section and replace with "The Consultant shall assist the City in obtaining "As-Built" drawings from the contractor '. J. Delete this section 2,16 Phase VI -- Post Construction Administration (Lump Sam. Fee: $1,000) A. Delete this section C, Replace "inspection" with "review" from first sentence. The fee, for the services indicated in this Service Order is a Lump Sum amount Of 5=54 - Serviced ,000, ($5,500 Survey; $34,500 Design/Permitting; a $14,000 Post Desig n Ser ice Company Name; Kimle rn ssociates, Inc. Signature: Name: R, Russell Barnes, 111, P.E. (Vice-President) City of South Miarni Approved by: Date: PSWO - Streets Page 1 U113/02 TO: Mayor & Commission DATE: March 14, 2002 FROM: Charles D. Scurr ��` SUBJECT: Agenda # It/ City Manager Comm. Mtg. 03/19/02 Re.: Authorization for the City Manager to execute Landscaping Maintenance Agreement with Florida Department of Transportation REQUEST: The purpose of this memorandum is to seek the approval of the attached resolution authorizing the City Manager to enter into 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 and that the City of South Miami Parks & Recreation Department will maintain the landscaping and irrigation system when completed. 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 58th 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. Florida Department of Transportation has agreed not to remove the 42 trees initially scheduled to be removed. In addition, 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. Page 2 of 2 Comm. Agenda Item Mar. 19, 2002 RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: ❑ Proposed Resolution ❑ Maintenance Agreement with Florida Department of Transportation 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 57TH 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 has agreed to the City's request to retain the existing trees within the median, to install ground covers, irrigation system and decorative pavers for the project; and WHEREAS, Upon completion in 2003, the City of South Miami will take responsibility of maintaining the landscaping, 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 , 2002. ATTEST: Ronetta Taylor, City Clerk READ AND APPROVED AS TO FORM: Earl Gallop, City Attorney APPROVED: Julio Robaina, Mayor Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe: Commissioner Feliu: HIS AGREE1\ NT is entered into this day of bet teen the STATE OF FLORIDA, DEPARTMENT E TRANSPORTATION, a component agen-cy of the State of Florida; ("DEPARTMENT") and the CITY OF LOUT M 60MI a municipal corporation of the State of Florida, ("CITY")., WTi ESET ° EREAS, the purpose; of this agreement is to convey the landscape maintenance respeaii ibility tO the CITY for particular limits as defined in this Agreeme , and E 'AS, the DEPARTMENT is currently designing landscaping im prove-m enrs to the inedia n under Mare Project No 405648- 1- 52 -01. As 'part of these improvements, and at the request of the CITY, landscaping and an irrigation €ystom Will be installed at those locations; and WHEREAS, the C171Y Resolution No. dated _ attached hereto as Attachment "B" ' hich by reference hereto shall becoire a part her`of, desires to enter into this agreement and authorizes its officers to do so. WHEREAS, the CITY and the DEPARTMENT mutual' recognize the need for entering Into ai as eeme�t degi �aing and sett ng foie? their ?_'s e'tive responsibilities NOW THEREFORE, in consideration of the mutual ecyvenants arid agreements contained, it is agreed between the parties as follows: 1. The DEP T-NiE T shall design, provide and install, at its own expense, all landscaping materials and irrigation system as described on the construction documents of the State Project No. 405648- 1- 52 -01. L.. The 0+ .� grew to routinely and periodica 1 maintain and operate at no cost to the Department, the landscaping, pavers, and irrigation system.. Upon completion of the Project the CITE' will be responsible for the landscaping, pavers, and irrigation system installed by the Department within the limits described in this Agreement. The CITY shall be responsible for the maintenance activities described below: 2a. Vegetation will be maintained so as to prevent a visual or other safety hazard for those rising or intending to use the right of way. 2b. To remove and dispose of dead diseased or otherwise deteriorated plants. Plants are defined in this agreCln ent to be trees and ground corer, except turfed 1 sodden areas. ?c. To keep plants as free as possible from disease and harmful insects. 2d. To remove and dispose of all trimmings, roots, branches, etc.. resulting from the actiVities described by (2a) through (2c) inclusively as described above. Le. To inaintain the irrigation system working properly and pay for the associated costs of its operation and maintenance. 2f Replace pavers when damaged. The maintenance activities described above to he performed by the CITY , shalt be subject to periodic inspections by the DEPARTMENT, Such inspection findings will be shared with the CITY and shall be the basis of all decisions regarding modification, reworking or Agreement teranination. If at any time while the terms of this agreement are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENS; IPER that the City's responsibility as established herein or a kart thereof, is not being properly accomplished pursuant to the terms of this Agreement , said DISTRICT MAAR TE.N CE ENGIINEEER may at the option issue a written notice in care Lf tiie DIRECTOR CTOR OF ENGI -t,4EE TNG AND CONSTRUCTION City of South Miami, 6130 Sunset Drive, South Miami, Florida 33 143. There tter, the CITY shall have a period of thirty(30) calendar days within —hich to respond to cited deficiencies and an additional sixty (60) calendar day=s to correct the cited deficiencies if said deficiencies are deemed valid. If said deficiencies are not corrected within this time period, the DEP ART-k NT may at its option, proceed as follow: a. Maintain the landscaped area(s) declared deficient with DEPARTMENT and/or independent Contractor's material, equipment and personnel and charge tae CITY the reasonable cost of such work to the CITY or b. Teraninate this agreement in accordance with Paragraph 4. 3. It is understood between the parties that the landscaping, and pavers covered by this Agreement may be moved, relocated or adjusted at any time in the future, as found necessary by the DEPARTMENT, in order that the adjacent State Road be widened., altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. The City may at it's option, terminate this Agreement Ligon the DEPARTMENT'S modification of the landscaping, and pavers. 4. This agreement is subject to termination under any one of the following conditions: 2 9. If the CITY terminates this Agreement, the Department may remove all landscaping and irrigation system from its Fight - g Way along Bird Read (SR 976) within the limits of the CITE' (from S. W. 57th Ave. to S. W. 67th Ave) 10. The CITE and the DEPARTMENT each bind themselves and their successors to the obligations respectively assumed by each. Neither party shall assign, sublet or transfer its interest under this AGREEMENT without prier Nvn. tten consent of the other. 11. To the extent permitted by the law and subject to the specific limits of Section 76&28 (5) Florida Statutes, each parry covenants and agrees that at w1fl indemnify and hold harmless the rather party and all of the ether party's officers, agents and employees from arty claim, loss, damage, oast, charge or expense arising out of an y act, action neglect or omission by each. party in the performance of this Agreement. 12. This Agreement shall commence on the date of com. pletion. of State Project No. 4056+8 - 1¢52 -01. 13. This writing and the entire content of Attachment "A'' , and Attachment "B ", embody the entire Agreement and understanding between the parties, and there are no other agreements and understandings , oral or written, with reference to the subject matter that are not merged and superseded. No alteration, change or modification of the terms of the Agreement shall be valid unless arcade in writing and signed by each party. 14. This Agreement, regardless of where signed, shall be governed and construed according to the laws of the State of Florida. Venue for aniy litigation hereunder shall be Miami -Dade County, Florida. 15. Attached is a certified copy of a Resolution of the Cite of South Miami Council authorizing the City Manager to enter into this Agreen-ie nt designated Exhibit "B" and by this reference a part of this Agreement. 16. All notices, requests, demands, consents, approvals and other corn- municatioil which are rewired to be served or given hereunder shall be in writing and shall be sent by registered avail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To Department: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6207 Miami, Florida 33172 -5800 Director of Operations To City: City of South Miami 4 4a. if the CITY fails to comply with Paragraph 2 of this agreement 4b. "l`l?e CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or recervvd by tailT r' pertinent to this Agreement which are subject to provisions of Chapter 119, of the Florida Statutes. 4c. As mutually agreed to by both parties of an Agreement to term, inate this Agreement 4d. By both parties, thirty (30) calendar days following complete execution by bath parties of an Agreement to terminate this Agreement. 5. The terms of this Agreement commence upon execution by both parties and continue "Mntil termination as set forth in Paragraph 4. o. This waiting embodies the entire agreement and understanding between the parties hereto and there are not other agreements and understanding, oral or v,,ritten, reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This Agreement is nontransferable and nc nassigna le in whole or in part without consent of the 1i. NT. , clothing in this Agreement shall be construed to violate the provisions of Section 339.13546 i(a , of the Florida Statutes X2000), which provides as follows; The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal wear. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to enuring into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of a. contract for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years and this paragraph shall be incorporated verbatim in. all contracts of the Department which are of an amount in excess of $25,000 and which have a term for a period of more than one year. 3 .M. N. 405648-1-52-01 ATTACHMENT "A" THE IDRN�ATi3�i NTI�%3 BELL vV IESGItIBES`EI DEPART T S LANDSCAPE AND IRR.IGA'I'IDi� SYSTEM CONSTRUCTION PROJECT ESTIMATED. IN EXCHANGE FOR TBE COST OF CONSTRUCTION AND- INSTALLI�dG THE IRRIGATION SYSTEM AND LANDSCAPE THE CITE' OF SOUTH MIAMI SEALL ASSUME SOLE RESPONSIBILITY FOR OPERATING AND IN AINTAIIvING TIE IMPROVETINAENITS UPON PROJECT COMPLETION. STATE ROAl -3. NO 976 RT FINANCIAL PGFCT I'Tl T'BR :454 -1 - -41 PROJECTS LIMITS S. W. 40th St. i Bird Road Within the city limits from M.P. 5.1.98 S. %. 67th Ave. to M.P. 6.221 &W. 57th Ave. in the median, The City is responsible for the landscape and irrigation system constructed under this Project only. The Department retains ail other responsibility for the Stag Right- of-Way. 6 6130 Sunset Drive; South 1Mia i, Florida 33143 Director of Enc0 ineering and Construction F.M. N. 405648 ®1 =52 ®1 IN WIT-NESS VVIIEREOF the parties hereto have cased these presents to be executed the day and near first above - written. LANDSCAPING AND IRRIGATION SYSTEM AGREEMENTVVITH THE CITY OF SOUTH MIAMI CITY OF SOtJJT 2v1I ? II STfiTE OF FLORIDA DEPARTMENT i I ENT I' TRANSPORTATION District Secretann ny City Clerk (Seal) Executive Secretary J APPROVE AS TO LE GUAL FORM- BY: City Attorney 5 : I'fide of the General Counsel T CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Mayor Date: February 25, 2002 and City Commission From: Charles D Scurry g Subject: Agenda Item # City Manager Commission Meeting 3/19/02 Acceptance of SFWMD Grant REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A STORMWATER SYSTEM IMPROVEMENTS GRANT FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) IN THE AMOUNT OF $19400,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Thanks to the efforts of the Mayor, the City Commission, and the City's Governmental Affairs Representatives in Tallahassee, the City of South Miami has successfully a total of $1,400,000 for drainage system improvements during the past two State Legislative sessions. Our 2000 and 2001 allocations ($400,000 and $1,000,000, respectively) have been combined and have been released to the South Florida Water Management District (SFWMD). SFWMD will act as the grantor. The matching funds for this grant ($800,000) will come from the City's recently- obtained Economic Development Agency Grant for drainage improvements in the City's Downtown Business District. The attached resolution would allow the City Manager to execute the contracts and documents necessary to receive the money and move forward with this important endeavor. RECOMMENDATION Your approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 5 ACCEPTANCE OF A STORMWATER SYSTEM IMPROVEMENTS 6 GRANT FROM THE SOUTH FLORIDA WATER MANAGEMENT 7 DISTRICT (SFWMD) IN THE AMOUNT OF $194009000; AUTHORIZING 8 THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND 9 DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, the City of South Miami is aggressively seeking funds to reredy the 12 drainage issues of its residential and commercial areas and 13 14 WHEREAS, during the past two State Legislative sessions, the City of South 15 Miami has successfully obtained a total of $1.4 million in stormwater drainage funds; and 16 17 WHEREAS, the SFWMD funds will be matched by our current $800,000 18 Economic Development Agency (EDA) Grant for drainage improvements to the City's 19 Downtown Business District. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI: 23 24 Section 1. The City Manager is authorized to accept a SFWMD grant 25 award for $1,400,000. 26 27 Section 2. The City Manager is authorized to execute contracts and 28 documents applicable to the acceptance of the SFWMD grant. 29 30 Section 3. This resolution shall take effect immediately upon arrival. 31 32 PASSED AND ADOPTED this day of , 2002. 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 Commission Vote: 40 READ AND APPROVED AS TO FORM: Mayor Robaina: 41 Vice Mayor Russell: 42 Commissioner Bethel: 43 Commissioner Feliu: 44 Commissioner Wiscombe: 45 CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A STORMWATER SYSTEM IMPROVEMENTS GRANT FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ( SFWMD) IN THE AMOUNT OF $194009000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami is aggressively seeking funds to remedy the drainage issues of its residential and commercial areas; and WHEREAS, during the past two State Legislative sessions, the City of South Miami has successfully obtained a total of $1.4 million in stormwater drainage' funds; and WHEREAS, the SFWMD funds will be matched by our current $800,000 Economic Development Agency (EDA) Grant for drainage improvements to the City's Downtown Business District. 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 accept a SFWMD grant award for $1,400,000. Section 2. The City Manager is authorized to execute contracts and documents applicable to the acceptance of the SFWMD grant. Section 3. This resolution shall take' effect immediately upon arrival. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY , 2002. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: March 14, 2002 Eve Boutisis City of South Miami 3225 Aviation Avenue Miami, FL 33133 Subject: Agreement No. C -13160 Dear Ms. Boutsis: Enclosed are two (2) copies of the subject agreement. Please disregard any previous copies received from the District. The enclosed documents must be signed and dated by an individual with signature authority on behalf of your organization. A fully signed agreement will be returned to you upon execution by the District. Kindly return both copies to my attention. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this agreement is not binding on the parties until it is approved by appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682 -2720. Sincerely, ,.9 Johanna Labrada Contract Specialist Procurement Department /JL Enclosure EXPRESS MAILED c: Raul Pellegrino, 3710 GOVERT]iNG BOARD XECl_iT.VE O FiCE Trudi K. Williams, C,'tnir Michael Collins Patrick j. Gleason, Ph.D., P.G. Henry Bean, Execull+ve Director Lemart E. Lindahl, Vice -Chair Hugh M. English Nicolas J. Gutierrez, Jr., Esq, Pamela Brooks- Thomas Gerardo B. Fernandez Harkley T. Thornton - - -, THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name:, CITY OF SOUTH MIAMI L C -13160 Address: 6130 SUNSET DRIVE M/WBE Goal: 0% COST SHARING INFORMATION SOUTH MIAMI, FL 33143 Project Manager: Ralph Rosado Total Project Cost: $ 2,200,000.00 Telephone No: (305) 663 -6318 Fax No: (305)663-6345 CITY Contribution: $ 800,000.00 Hereinafter referred to as: CITY PROJECT TITLE: LOCAL FLOOD MITIGATION STRATEGY PROJECT: STORMWATER SYSTEM IMPROVEMENTS PLAN The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Special Provisions Exhibit "H" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable Exhibit "G" - Not Applicable TOTAL DISTRICT CONSIDERATION. $1,400,000.00 AGREEMENT TYPE: Not -to- Exceed Multi -Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: Sixty-C62) Months EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Raul Pellegrino District Contract Administrator: Telephone No: (561) 682 -6583 Johanna Labrada (561) 682 -2720 Fax No. (561) 682 -6374 Fax No.: (561) 682 -6347 or (561) 681 -6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE CITY AT: CITY OF SOUTH MIAMI South Florida Water Management District 3301 Gun Club Road 6130 SUNSET DRIVE West Palm Beach, Florida 33406 Attention: Procurement Division SOUTH MIAMI, FL 33143 Attention: Ralph Rosado IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. CITY OF SOUTH MIAMI SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Accepted By: _ Accepted By: Signature of Authorized Representative Frank Hayden, Procurement Director Date: Title: SFWMD OFFICE OF CO SEL APPROVED Date: By: t Date:, Y SEWN Rf�C rT APPROVED By: Date: »» Pj�P hiq Nq ^. JP 'i o� ,J a SOUTH FLORIDA WATER MANAGEMENT DISTRICT CONTRACT EXHIBIT "A„ SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Contract, this Exhibit "A" shall take precedence. I. Article 1.1 is hereby deleted and replaced as follows; "The CITY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in accordance with generally accepted industry standards and in accordance with the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT." 2. A new Article 1.4 is hereby added as follows: "The CITY shall submit quarterly reports to the DISTRICT throughout the term of this AGREEMENT. Any requests for changes to the Exhibit "C" Statement of Work shall be submitted by the CITY in writing to the DISTRICT for approval,' and the DISTRICT shall submit its comments /approval in writing to the CITY within ten (10) days after receipt of the request for change. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required." 3. Article 2.4 is hereby deleted and replaced as follows: "The CITY shall submit quarterly financial statements to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and document . the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date. The DISTRICT shall only be obligated to pay for a maximum no -to- exceed AGREEMENT funding limitation of $1,400,000,00; In no event shall the DISTRICT be liable for any expenditures hereunder in excess of $1,400,000.00." 4, A new Article 2.5 is hereby added as follows: "The CITY is hereby authorized to contract with third parties (subcontract) for engineering and construction services awarded through a competitive process comparable to Chapters 255 and 287, Florida Statutes. The CITY shall not subcontract, assign, or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manger. The CITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s)." 5. The first sentence in paragraph 2 of Article 4.1 is hereby replaced with the following: "All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested or via facsimile, with transmission confirmation." 6. Article 5.1 is hereby modified to add the following sentence: "Neither party shall be responsible for prejudgment interest. 7. Article 6.1 is hereby modified to delete the last sentence. Exhibit "A" Special Provisions Contract No. C- 13160 Page 1 of 2 8. Article 7.1 is hereby modified to add the following paragraph: "The CITY shall maintain books, records and documents directly pertinent to performance under this AGREEMENT as described above. The CITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes." 9. Article 7.2 is hereby deleted in its entirety and replaced as follows: "Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon termination of this AGREEMENT. All tangible property shall remain owned by the CITY. 18. Articles 2.2, 6.3, 6.5, 7.3, 7.4, 7.5, 8.7.1 and 11 are hereby deleted in their entirety. SFWMD Office of Counsel Approved By: Date ..-3 SFWMD PROCUREMENT APPROVED By: Date: ;;114,07— SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B'' GENERAL TERMS AND CONDITIONS ARTICLE 1- STATEMENT OF WORK 1.1 The CITY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the CITY under this AGREEMENT, the CITY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The CITY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page 1 of this AGREEMENT. Such amount includes all expenses which the CITY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi -year funding allocations for each DISTRICT fiscal year indicated on Page 1 of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to -DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the CITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The CITY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C ". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The CITY by executing this AGREEMENT, certifies to truth -in- negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate,' complete, and current at the time of contracting. The CITY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PAYMENT 3.1 The CITY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page I of this AGREEMENT. The CITY shall not submit invoices to any other address at the DISTRICT; 3.2 The CITY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to- exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices. 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT Page 1 of 8, Exhibit "B" Contract File: \City.doc 03/08/02 SOUTH FLORIDA WATER EXIIIBIT a GENERAL TERMS 1 i SOS t� acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the CITY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the CITY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The CITY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page 1 of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The CITY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party ' change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page 1 of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The CITY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the CITY and the officers, employees, servants, and agents thereof. The CITY warrants and represents that it is self- funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the CITY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The CITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28; Florida Statutes. 5:2 In the event the CITY subcontracts any part or all of the work hereunder to any third party, the CITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the CITY. Any contract awarded by the CITY for work under this AGREEMENT shall include a provision whereby the CITY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the CITY's subcontract. 6.1 If either party fails to fulfill its obligations. under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non- defaulting party shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this Page 2 of 8, Exhibit "B" Contract File:\City.doc 03/08/02 gypsµ M4Na FLORIDA WATER MANAGEMENT Jp��1►" M GENERAL , CONDITIONS SOS i�a AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the CITY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the CITY of a Notice of Termination specifying the ' extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the CITY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C ", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including, but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the CITY for such work until such time as the DISTRICT determines the exact amount due to the CITY. 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the CITY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the CITY in writing tor stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The CITY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C ", Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page 1, with the balance of snatching funds, and/or in -kind services to be obtained from the CITY in the amount as specified on, Page 1 of this AGREEMENT. In the event such CITY matching funding and/or in -kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. RECORDS RETENTION9 OWNERSHIP I 7.1 The CITY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The CITY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly Page 3 of 8, Exhibit "B" Contract File: \City.doc 03/08/02 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXIIIBIT "B„ 0 GENERAL TERMS AND CONDITIONS related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal DiMutes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the CITY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit , "C ", Statement of Work (the "Work "). In consideration for the DISTRICT entering into this CONTRACT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the CITY, the CITY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant "). This Grant shall be self- - operative upon execution by the parties hereto, however the CITY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The CITY may not disclose, use; license or sell any work developed, created,' or otherwise' originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this CONTRACT. 7.3 The CITY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the CITY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the CITY, or lawfully acquired under license from a third party, including the right to sublicense such software. The CITY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The CITY shall grant to the DISTRICT a perpetual, non- transferable, non- exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by'the CITY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the'.CITY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non - consumable items purchased by the DISTRICT with a value equal to or greater than $500.00. and with a normal expected life of one (1) year or more. The CITY' will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The CITY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the CITY liable for loss or damage due to causes beyond the CITY's reasonable control. In the event of Voss or damage, the CITY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the CITY access to certain third party owned software on DISTRICT computer systems. The CITY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted' to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. Page 4 of 8, Exhibit 'B" Contract File: \City.doc 03/08/02 Fa MQti° SOUTH FLORIDA WATER, MANAGEMENT DISTRICT - ' s o ' ' r, GENERAL TERMS AND CONDITIONS ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The CITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which it has present knowledge. 8:2 The CITY hereby assures that no, person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The CITY shall take all measures necessary to effectuate these assurances. 8.3 The lawn of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit. for claims under state law and in the Southern DISTRICT of Florida for any claims which are justiciable in federal court. 8.4 The CITY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the CITY or any affiliate of the CITY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The CITY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the CITY for any work or materials furnished. 8.5 The CITY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The CITY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the CITY, to solicit or secure this AGREEMENT. Further the CITY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the CITY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its- discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The CITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirements of Chapter -119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the CITY (Licensee) hereunder, the DISTRICT shall advise the 'CITY (Licensee) of such request and, as between the DISTRICT and the CITY (Licensee), it shall be the CITY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licenser's claimed exemption under the Statute. 8.8 The CITY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary Page 5 of 8, Exhibit "B Contract File: \City.doc 03/08/02 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B„ GENERAL TERMS AND CONDITIONS private authorizations and permits, prior to the free to enter into contracts with other parties for similar commencement of ' performance of this services. AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the CITY for additional 9.2 It is the intent and understanding of the Parties compensation. If the CITY is unable to obtain all that this AGREEMENT is solely for the benefit of the necessary permits in a timely manner, either party CITY and the DISTRICT. No person or entity other may elect to terminate this AGREEMENT, each than the CITY or the DISTRICT shall have any rights party to bear its own costs, notwithstanding other or privileges under this AGREEMENT in any provisions of this AGREEMENT to the contrary. capacity whatsoever, either as third -party beneficiary or otherwise. 8.9 Pursuant to Section 216.347, F.S., the CITY is prohibited from the expenditure of any funds under this 9.3 The CITY shall not assign, delegate, or AGREEMENT to lobby the Legislature, the judicial otherwise transfer its rights and obligations as set forth branch, or another state agency. in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment 8.10 The DISTRICT is a governmental entity in violation of this provision shall be void. responsible for performing a public service and therefore has a legitimate interest in promoting the 9;4 The CITY shall not pledge the DISTRICT's goals and objectives of the agency. The work under credit or make the DISTRICT a guarantor of payment this AGREEMENT involves a project consistent or surety for any AGREEMENT, debt, obligation, with these goals and objectives. Consequently, the judgement, lien, or any form of indebtedness. DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the 9.5 The DISTRICT assumes no duty with regard to cooperation of its CITY. Therefore, as the the supervision of the CITY and the CITY shall DISTRICT'S CITY for this project, the CITY remain solely responsible for compliance with all safety assures the DISTRICT that the CITY, its employees, requirements and for the safety of all persons and subcontractors and assigns will refrain from acting property at the site of AGREEMENT performance. adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. ARTICLE 10 - MBE PARTICIPATION The CITY agrees to take'' all reasonable measures necessary to effectuate these assurances. In the event 10.1 The CITY hereby acknowledges that no the CITY determines it is unable to meet or promote Minority Business Enterprises (MBE) participation the goals and objectives of the roject, it shall have P J goal has been established for this AGREEMENT; the duty to immediately notify the DISTRICT. Upon however, .both parties to provide the other such notification the DISTRICT, in its discretion, advance notice of competitive - contracts that may may terminate this AGREEMENT. result from this AGREEMENT along with timelines for public notice and award of such contracts. In the ARTICLE 9 - RELATIONSHIP BETWEEN event subsequent competitive contract awards do THE PARTIES result in M/WBE participation, such participation shall be reported to the other party. Both the CITY 9.1 The CITY shall be considered an independent and the DISTRICT will ensure compliance with the contractor and neither party shall be considered an provisions of their respective program, laws, employee or agent of the other party. Nothing in this ordinances and policies and will support the other's AGREEMENT shall be interpreted to establish any initiatives to the extent allowed by law. relationship other than that of independent contractor between the parties and their respective employees, ARTICLE 11- YEAR 2000 COMPLIANCE agents, subcontractors, or assigns during or after the performance on this AGREEMENT Both parties are Article 11 is hereby deleted. Page 5 of 8, Exhibit "B" Contract File: \City.doc 03/08/02 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 12 GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance` of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by CITY is specifically required during the occurrence of any of the events herein mentioned: 12.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to ` provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such ` invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under - standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The CITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 — SAFETY REQUIREMENTS 13.1 The CITY shall require - appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 13.2 The CITY shall instruct employees required to handle or use toxic materials or other ; harmful substances regarding' their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the CITY to the DISTRICT on each chemical product used. 13.3 The CITY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the CITY's sole duty to provide safe and healthful working conditions to its employees and Page 7 of 8, Exhibit "B" Contract File; \City.doc 03/08/02 0)' MA, SOUTH FLORIDA WATER MANAGEMENT DISTRICT P GENERAL T,ERMS / CONDITIONS those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The CITY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.5 The CITY shall erect and maintain, as. required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The CITY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care; custody or control of the CITY, or the CITY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The CITY shall provide first aid services and medical care to its employees. 139 The CITY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the. work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the CITY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the CITY, CITY's subcontractors, or subcontractors, use petroleum products; hazardous chemicals, or any other chemicals used on or about the site, the CITY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations- during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the CITY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the CITY to halt operations under the AGREEMENT; at the CITY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the CITY to the DISTRICT; and the CITY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions. of this section, and safety of all persons and property on or about the site. Page 8 of 8, Exhibit 'B" Contract FileXity.doc 03/08/02 EXHIBIT «C STATEMENT OF WORK CITY OF SOUTH MIAMI STORMWATER SYSTEM IMPROVEMENTS PLAN 1.0 INTRODUCTION The City of South Miami's (CITY) Stonnwater System Improvement Plan is funded by the 2001/2002 legislature General Appropriation Act funds from the Florida Department of Environmental Protection (FDEP) through Special Appropriation 1747A to support the development of Local (Flood) Mitigation Strategies (LMS)`in Miami -Dade County. These funds are administered through the South Florida Water Management District (DISTRICT) and dispersed and managed at the local level. The project plan will update and implement the recommendations of the City's Stormwater Comprehensive Plan by; 1. The retrofit of existing positive drainage system 2. Citywide stormwater systems improvement. 3. Construction of new drainage system in an effort to meet the flood protection responsibilities. The CITY's Improvement program and Comprehensive Plan that establish these needs was completed in 1997. A plan that focused on developing a comprehensive plan consistent with the requirements of both the Stormwater Management Program (SWMP) and the Stormwater Utility Program (SUP). The SWMP is a requirement of Environmental Protection Agency's National Pollution Elimination Discharge System (NPDES) program. This program's primary concern is water quality and is aimed to reduce pollutants in discharges to surface waters. The SUP is a requirement of the provisions of Section 403.0893(1) of the Florida Statues. This program is intended to serve as a means by which local governments and municipalities can meet their environmental and flood protection responsibilities. With this effort of planning and implementation, a comprehensive approach to stormwater management will evolve. Thus preventing flooding problems and help to maintain or improve water quality. 2.0 OBJECTIVE The overall project objective is to develop a citywide Stormwater Management Plan (Plan) that will guide development and ensure adequate flood protection within the stormwater system. The Plan will provide for flood protection while developing ways to protect the area's natural resources and the water quality of its streams. 3.0 SCOPE OF WORK The following projects will be completed to meet the overall objectives of this Plan: • North -end Drainage Improvements (Project 1) • Downtown Drainage Improvements (Project 2) • Stormwater Quality Retrofit (Project 3) • Easement Area Drainage Improvement (Project 4) • Drainage Improvement Area 1 (Project 5) • Drainage Improvement Area 2 (Project 6) The CITY will retain a consultant to provide the professional services needed to complete the stormwater system improvement. The steps to be taken in the planning study and design are set forth below. However, responsibility for carrying out all tasks under this Scope of Work shall reside with the CITY. The following tasks will be conducted for each of the six projects specified above: • 1: Data Inventory • 2: Design Criteria and Requirements • 3: Water Quality = This task will only be performed in Project 3 •" 4: Survey and Area Testing • 5: Proposed Drainage System Design • 6: Pre - construction & Construction Activities. The CITY's proposed surface water management plan would: ➢ Be compatible with the existing environmental ' system; ➢ Provide surface drainage and flood control that will meet the County's standards /requirements; ➢ Maintain storage capacity in the stormwater system; ➢ Maintain flood profiles at or below existing levels; ➢ Meets water quality standards at discharge points; Provide for the maintenance of water quality. These conditions will be met for current and proposed land uses as outlined in the CITY Comprehensive Plan. 4.0 WORK BREAKDOWN STRUCTURE For each of the six projects, the CITY shall carry out the following; At the end of each task the CITY shall deliver 5 copies of the task deliverables to the DISTRICT. The DISTRICT shall distribute the copies to the Local Mitigation Strategies Group and FDEP (Review Group) for their review and comments. Review comments and/or questions, if any, will be returned to the CITY within 14 days. The CITY shall be responsible Page 2 of 5, Exhibit "C" Statement of work, Agreement C -13160 for properly addressing any and all comments /questions and concerns from the Review Group, at which time, the deliverable will be deemed complete. The program will be divided into the following six sections: Section 1: Data Inventory 1.1 Data Collection 1.1.1. Location and information for the primary structures, including structure size, elevation, and capacity. 1.1.2. Location and information for the secondary structures in the system, including structure size, elevation, and capacity. 1.1.3. Location of surface storage and recharge areas. 1.1.4. Location of wetland systems and flood prone areas. Deliverable: Preparation of a report to include the information collected in Sections 1.1 ®1, through 1.1.4. Section 2: Design Criteria and Requirements 2.1 Design Criteria 2.1.1. Basis for analysis for numbered drainage structure within the study area. 2.1.2. Categorization of each structure and drainage system as to its function (e.g., roadway, flood control system) and assignment of the appropriate design criteria for design analysis. 2.1.3. Runoff hydrographs for each system for the appropriate storm events: • 10 -year / 72 -hour storm event for secondary drainage systems, • 10 -year ! 72 -hour storm event for primary systems and retention / detention facilities, • 25 -year / 24 -hour storm event for certain roads and bridges whose criteria is the 25 -year event (identified in County Comprehensive Plan), • 25 -year / 24 -hour storm event for flood plain analysis, • 50 -year / 24 -hour storm event for certain roads and bridges whose criteria is the 50 -year event (identified in County Comprehensive Plan), and • 100 -year / 24 -hour storm event for flood plain analysis. 2.2 Requirements for Engineering 2.2.1. Easement Requirements. 2.2.2. Location of surface storage areas. If the wetland areas are identified as surface storage areas, the following information will be supplied: • Hydrological evaluation (very hydrologically stressed / impacted, moderately hydrologically stressed / impacted, hydrologically normal, over inundated). • Estimated seasonal high water elevation, proposed seasonal high water, or design high water elevation, and • Jurisdiction by agency (preliminary aerial interpretation). 2.3 Stormwater Page 3 of 5, Exhibit "C Statement of Work, Agreement C- 13150 2.3.1. Identification of non - structural approaches to stormwater management that are appropriate for this system. 2.4 Land development regulations that must be met in design for new construction. Deliverables: Preparation of a report to include the work products of section 2.1 through 2.4 Section 3: Water Quality - This task will only be performed in Project No. 3 3.1 Water Quality Inventory. 3.1.1 To characterize existing water quality conditions in the system, especially those areas that have known water quality problems. For known water quality problem areas, descriptions of the history of conditions that dead to the problem(s) 3.1.2 Inventory, including type, size, location, and ownership of potential point and non -point sources of pollution. This inventory should include untreated stormwater outfalls, major industrial and commercial land uses, landfill, sites where toxic materials are used or disposed and any other likely source of pollution. 3.1.3 Identification of discharge activities that are currently operating with a permit (specify permit type), those that have a temporary operating permit, those that have no permit and those that are in violation of their permit of that are presently violating other affluent limits of water quality standards. 3.1.4 Identification of the location and visual description of water quality at any discharge points from potential sources of pollution. 3.1.5 Identification of any areas that have been proposed for preservation for protection for water quality purposes. 3.2 Recommendations for Quality / Quantity Control Systems for the system, including: 3.2.1 Retention ponds and conservation areas. 3.2.2 Pollution control devices: • Sedimentation that will account for heavy metals as well as settle -able and suspended solids. • Low flow draw -down systems, or • Plans and grass area that will absorb, filter, or decompose fecal material and most nutrients, and provided surfaces for filtering and eventual removal of solids, organic litter and oils and greases. 3.3 Recommendations of location and rationale for regional management system. 3.3.1 Density of development in the system with respect to existing and future land use mix. Deliverable:. Preparation of a report to include the work products of sections 3.1 through 3.3 Section 4: Survey & Area- Testing: 4.1 Survey & Testing: Page 4 of 5, Exhibit "C Statement of Work, Agreement C- 13150 4.01 location Survey / Onsite data collection 4.02 Topographical Survey (Cross Section at 50 feet interval maximum) 4.03 Establish horizontal and vertical control (Bench Marks) 4.04 Survey Activities Coordination 4.05 Obtaining required centerline profiles to determine drainage areas 4.06 Performing required Auger Boring to a depth of 10 feet minimum. 4.07 Performing required Percolation Tests. 4.08 On -site utilities location and coordination. Deliverable: Summary Report of all work included in Task 4.1 Section 5: Drainage System Design & Permitting: 5.1 Drainage System Design & Permitting: 5.01 Project "kick -off' for study, analysis, data collection and coordination within the CITY. 5.02 Drainage study and design, with engineering calculations to be performed. 5.03 Preparation of design plans for the Drainage System to include roadway resurfacing. 5.04 Preparation of technical criteria and obtaining permits from applicable regulatory agencies with jurisdiction over the project. 5.05 Preparation of Construction Contract Agreement & Design Specification Document (Project Manual). Deliverable: Complete Plans and Project Manuals Section 6: Pre- construction & Construction Activities: 6.1 Pre- construction & Construction Activities: 6.01 Project's Construction Bidding process and selection of responsible bidder. 6.02 Construction activities to conform with required regulations and standards. Deliverable: Copies of construction contract(s) and construction project schedule(s), and monthly construction progress reports Page 5 of 5, Exhibit "C" Statement of Work, Agreement C- 13160 EXHIBIT "D PAYMENT AND DELIVERABLES SCHEDULE Total payment by the DISTRICT shall not exceed the amount of $1,400,000. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the CITY within the not -to- exceed amounts specified below in accordance with Article 3.2 of the Agreement. Payment by the DISTRICT is further subject to receipt of quarterly progress reports and financial statements from the CITY with documentation to demonstrate completion of all deliverables for each project task in accordance with Exhibit "C" of Work requirements. The CITY is responsible for reviewing and approving deliverables from the contractor to ensure that project objectives are met. The CITY is also responsible for project management, budget management and quality control with the contractor. Proiect No. I — North -end Drainage Imnrovement Task Deliverable *Due Date * *District Not -to- Exceed Payment Task 1; Data Inventory Data Inventory Report N/A N/A Task 2: Design Criteria Report including N/A N/A & Requirements design . criteria engineering requirements Task 3: Survey and Report including N/A N/A Testing results of survey & testing Task 4: Drainage Plans & Project 30 days $10,000 System Design Manuals Task 5: Pre and Construction 270 days $438,000 Construction Activities contracts, progress reports & project schedule Total (North -end Drainage Improvement) Payment: $ 448,000.00 * ** Page 1 of 4, Exhibit "D" Payment and Deliverable Schedule, Agreement C -13160 Task Deliverable *Due Date * *District Not -to- Exceed Payment Task 1: Data Inventory Data Inventory Report 300 days $ 5,000 Report including design Task 2: Design Criteria & criteria & engineering 330 days $ 15,000 Requirements requirements Report including results of Task 3: Survey and Testing survey & testing 390 days $20,000 Task 4: Drainage System Plans &Project Manuals 480 days $110,000 Design regional management Construction contracts, Task 5: Pre and Construction progress reports & project 720 days $287,500 Activities schedule 870 days $2,500 Total (Downtown Drainage Improvement) Payment: $ 437,500.00 * ** Project No. 3 — 5iormwater Equality Retrofit Task Deliverable *Due Date * *District Not -to- Exceed Payment Task 1: Data Inventory Data Inventory Report 750 days $ 1,500 Report including design Task 2: Design Criteria & criteria & engineering 780 days $ 2,500 Requirements requirements To prepare water quality Task 3: Water. Quality report including 810 days $ 5,000 recommendations for regional management system. Report including results of Task 4: Survey and Testing survey & testing 870 days $2,500 Task 5: Drainage System Plans &Project Manuals 960 days $7,500 Design Construction contracts, Task 6: Pre and Construction progress reports & project 1200 days $79,500 Activities schedule Total (Downtown Drainage Improvement) Payment: $ 95,500.00 * ** Project No. 4 — Easement Drainage Improvement Task Deliverable *Due Date * *District Not -to- Exceed Payment Task 1: Data Inventory Data Inventory Report NIA N/A Report including design Task 2: Design Criteria & criteria & engineering N/A N/A Requirements requirements Report including results of Task 3: Survey and Testing survey & testing N/A N/A Task 4 Drainage System Plans & Project Manuals 1230 days $5,000 Design Construction contracts, Task 5: Pre and Construction progress reports & project 1290 days $40,000 Activities schedule Total (Downtown Drainage Improvement) Payment: $ 45,000.00 * ** Project No.. 5 — Citywide Drainage Improvement (area 1) Task Deliverable *Due Date * *District Not -to- Exceed Payment . Task 1: Data Inventory Data Inventory Report 1320 days $8,000 Report including design Task 2: Design Criteria & criteria & engineering 1350 days $7,000 Requirements requirements Report including results of Task 3: Survey and Testing survey & testing 1380 days $8,000 Task 4: Drainage System Plans & Project Manuals 1440 days $35,000 Design Construction contracts, Task 5: Pre and Construction progress reports & project 1590 days $150,000 Activities schedule _ Total (Downtown Drainage Improvement) Payment: $ 218,000.00 * ** Task Deliverable *Due Date * *District Not -to- Exceed Payment Task 1 Data Inventory Data Inventor: - Report 1620 da s $5,600 Report including design Task 2: Design Criteria & criteria & engineering 1650 days $4,900 Requirements requirements Report including results of Task 3: Survey and Testing survey & testing 1680 days $5,600 Task 4: Drainage System Plans & Project Manuals 1740 days $24,500 Desi n Construction contracts, Task 5: Pre and Construction progress reports &project 1890 days $112,400 Activities schedule Total (Downtown Drainage Improvement) Payment: $ 153,000.00 * ** * All dates are referenced from the date of contract execution. ** The DISTRICT shall only be obligated to pay for documented actual expenditures within the not -to- exceed amounts specified above. In the event actual expenditures by the CITY are less than the not -to- exceed for a particular task, the CITY shall have the right to apply the unexpended balance towards a subsequent task: The CITY shall provide written notice of its decision to exercise this right. In no event shall the DISTRICT's total obligation exceed $1,400,000.00 as specified above: * ** Total project cost includes City's project management /administrative fees. v CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Comm'n. Charles Scurr, City Manager Subrata Basu, Ass't. City Manager From: Earl G. Gallop, City Attorney Date: March 1, 2002 to l Re: Boarding House Ordinance NOTE: The boarding house ordinance was previously circulated for review as a single ordinance. The subject is now presented as two ordinances: one amends the land development code and the other amends the code of ordinances. The initial memorandum, re: printed below, has not been revised. Subject. An ordinance prohibiting the occupancy of a dwelling unit by more than one housekeeping unit to prevent boarding houses in single family and multi - family residential districts. Statement of the problem. In some apartment buildings landlords allow numerous tenants and guests to dwell in units that are too small for the number of inhabitants and do not contain sufficient facilities to maintain decent, safe and sanitary conditions. Overcrowding results in unclean and unsafe buildings, facilities and common areas. Overcrowding further contributes to the deterioration of the area, and to the creation of conditions of slum and blight. In single family areas, some property owners rent homes to multiple students or other transient persons. In some instances, students or other lessees sublet or share the leased premises with other unrelated persons. The introduction of multiple unrelated tenants contributes to the deterioration of single family residential neighborhoods. Objectives of the ordinance. The objectives of the ordinance are: (1) to prohibit the overcrowding of apartment buildings and the leasing of single family residences to multiple unrelated persons in order to avoid deterioration of neighborhoods and to maintain and foster social values of the neighborhood, and (2) to provide for proof of a prima facia case of violation of occupancy standards. In drafting the ordinance, particular care is given to the definitions of dwelling unit and housekeeping unit to protect the occupation of rental units by persons who are related to each other by traditional family ties, legal relations, other forms of enduring commitment and Mayor and City Comm'n Charles Scurr, City Manager Subrata Basu, Ass't City Manager March 1, 2002 Page 2 of 3 ' .... ; . ....... .vv. ........ .... .....r:: vv � by necessity, and to limit the number of unrelated persons who reside together. The exceptions for adult congregate living facilities and other licensed facilities is maintained! Means of achieving objectives. The proposed ordinance prohibits occupancy of a dwelling unit by more than one housekeeping unit, and prohibits the leasing of garages and accessory buildings. The land development code is amended to define dwelling unit by its function of providing occupancy for "one or more individuals living as a single housekeeping unit." The definition of housekeeping unit is created to include one or more, but not greater than three unrelated individuals, a traditional family, a traditional family plus two unrelated persons, and a domestic partnership. The definition of housekeeping unit is intentionally broad to cover typical living circumstances normally associated with an urban small town. Traditional living circumstances include a traditional family, a traditional family which houses immigrant relatives, a - single parent with children, foster parents and legal guardians. Additional recognized circumstances include a non- traditional domestic partnership, and a legal guardianship or foster care relationship between one or more members of a domestic partnership and a child. The land development code currently defines family to include up to five unrelated persons who live together. The definition of family is revised eliminate a single individual, to refer to a traditional family unit and to reduce the number of unrelated persons who may live together as a housekeeping unit to three. The ordinance does not ban leasing single family homes to students. While leasing single family homes to students or to other unrelated occupants may change the character of a neighborhood, we doubt that an outright ban is legally permissible. However, the ordinance reduces the number of unrelated persons who may jointly lease a dwelling unit. Additionally, multiple leases of a dwelling unit are prohibited. These measures will only reduce the number of students who occupy a home. The occupancy limitation supplements the existing land development code provisions pertaining to minimum occupancy standards. Enforcement of the occupancy limitation will be facilitated by establishing evidence that is sufficient to prove a prima facia case of a violation. Once any of the 14 acts is demonstrated, the burden shifts to the alleged violator to prove that the dwelling unit is not occupied by more than one housekeeping unit. While the listed acts will facilitate enforcement, we anticipate that problems of proof will remain. A prior version of the proposed ordinance has received initial review by the administration. The current version has been distributed for review. Mayor and City Comm'n Charles Scurr, City Manager Subrata Basu, Ass't City Manager March 1, 2002 Page 3 of 3 --------- r.4t . . t :;.... I.:..: :<:... . . . . Recommendation. Approve the proposed ordinance on first reading and refer it to the code enforcement board for review and comment prior to scheduling the second reading and public hearing. \\Dell 6;100\DocumentsTity of South Miami \0022 -001 \I 1919.doc 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 ORDINANCE NO. J1 -�ft AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO OCCUPANCY STANDARDS; LIMITING THE OCCUPANCY OF A DWELLING UNIT TO ONE HOUSEKEEPING UNIT; AMENDING SECTION 20-2.3, ENTITLED "DEFINITIONS," OF THE SOUTH MIAMI LAND DEVELOPMENT CODE TO AMEND THE DEFINITIONS OF "DWELLING UNIT" AND "FAMILY" AND TO CREATE DEFINITIONS FOR "HOUSEKEEPING UNIT" AND "DOMESTIC PARTNERSHIP"; AMENDING PARAGRAPH (G), ENTITLED "OCCUPANCY STANDARDS," OF SECTION 20-4.7, ENTITLED "MINIMUM HOUSING STANDARDS" TO CREATE SUB- PARAGRAPH (6), ENTITLED "MAXIMUM OCCUPANCY OF LEASED DWELLING UNITS" AND SUB-PARAGRAPH (7), ENTITLED "LEASING GARAGE AND ACCESSORY BUILDING PROHIBITED"; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami are empowered to enact legislation to maintain, protect and promote the hometown family environment of the city; and; WHEREAS, the Mayor and City Commission recognizes that in some apartment buildings landlords allow numerous tenants and guests to dwell in units that are too small for the number of inhabitants and do not contain sufficient facilities to maintain decent, safe and sanitary conditions; and, WHEREAS, overcrowding results in unclean and unsafe buildings, facilities and common areas, and contributes to the deterioration of the neighborhood and to the creation of conditions of slum and blight; and, WHEREAS, in single family areas, some property owners rent homes to multiple students or other transient persons, and in some instances, students or other lessees sublet or share the leased premises with other unrelated persons; and, WHEREAS, the introduction of multiple unrelated tenants contributes to the deterioration of single family residential neighborhoods. Page I of 4 Additions shown by underlining and deletions shown by ^v°~ g. I WHEREAS, the Mayor and City Commission ' esires toregul'atttie ocTror cupancy of 2 dwelling units by limiting occupancy to a single housekeeping unit to prevent occurrence 3 of the conditions described above. 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 6 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 7 8 Section 1., Section 20 -2.3, entitled "Definitions," of the South Miami Land 9 Development Code is amended to read: 10 11 Dwelling, multi: family. Shall mean a residential structure designed for or 12 occupied exclusively by one (1) or more housekeeping_ units families. 13 14 Dwelling, single-family. Shall mean a residential structure designed for or 15 occupied exclusively by one (1) housekeeping unit may. 16 17 Dwelling, two family. Shall mean a residential structure designed for or 18 occupied by two (2) housekeeping units families. 19 20 Dwelling unit. Shall mean one (1) or more rooms; designed; and occupied 21 or intended to be occupied as separate living quarters by one or more 22 individuals living as a single housekeeping_ unit a single fanai • ^r 23 group of per -sons living teget . °r as a hou -se- -el or by a per-so living nl`vn° 24 25 Family. Shall mean a&4du two (2) or more persons related by 26 blood, adoption or marriage, or a child and a legal custodian or- a gr-etlp of 27 Mt MOFe than five (5) peFsens who need not be Felated, living together- as 28 single housekeeping unit in a dwellin 29 30 Housekeeping unit. Shall mean an individual, a family, a family and not 31 more than two (2) unrelated persons, a domestic partnership, or a group of 32 not more than three (3 ) unrelated persons, and may include a live -in -aide. 33 34 Domestic partnership. Shall mean two adults who are parties to a domestic 35 partnership relationship and each of whom are at least 18 years old. 36 37 Section 2. Paragraph (G) entitled "Occupancy Standards, " of section 20 -4.7, 38 entitled "Minimum housing standards," of the South Miami Land Development Code is 39 amended to create a new sub- paragraph (6), entitled "Maximum Occupancy of Leased 40 Dwelling Units," to create a new sub- paragraph (7), entitled "Leasing Garages and 41 Accessory Buildings Prohibited," and existing sub- paragraph (6) is renumbered sub - 42 paragraph (8) and amended to read: Page 2 of 4 Additions shown by underlining and deletions shown by everst 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 (6) Maximum Occupancy of Leased Dwelling Units. A dwelling unit shall not be leased to more than one housekeeping unit. A leased dwelling_unit shall not be subleased to provide occupancy for more than one housekeeping unit to take the place of the lessee. (7 ) Leasing Garages and Accessory Buildings Prohibited.. Garages and accessory buildings shall not be leased. (8) Notice of Maximum Occupancy. Every owner or operator shall advise the occupant in writing or by insertion in the lease between the parties of the maximum number of occupants permitted in the occupied premises under this section. One (1) copy of the said notice or lease shall be available to the Building Official. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. This ordinance shall be included in the South. Miami Land Development Code and in the Code of Ordinances. Section 6. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR 1St Reading — 2na' Reading — 2002. COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Page 3 of 4 Additions shown by underlining and deletions shown by �°r�`«ing. Comriissioner Fe Mu: Page 4 of 4 Additions shown by underlining and deletions shown by , ver- ..ter. CITY OF SOUTH MIAMI T7INTER- OFFICE MEMORANDUM To: Mayor and City Comm'n. Charles Scurr, City Manager Subrata Basu, Ass't. City Manager From: Earl G. Gallop, City Attorney Date: March 1, 2002 /007 Re: Boarding House Ordinance NOTE: The boarding house ordinance was previously circulated for review as a single ordinance. The subject is now presented as two ordinances: one amends the land development code and the other amends the code of ordinances. The initial memorandum, re printed below, has not been revised. Subject. An ordinance prohibiting the occupancy of a dwelling unit by more than one housekeeping unit to prevent boarding houses in single family and multi - family residential districts. Statement of the problem. In some apartment buildings landlords allow numerous tenants and guests to dwell in units that are too small for the number of inhabitants and do not contain sufficient facilities to maintain decent, safe and sanitary conditions. Overcrowding results in unclean and unsafe buildings, facilities and common areas. Overcrowding further contributes to the deterioration of the area, and to the creation of conditions of slum and blight. hr single family areas, some property owners rent homes to multiple students or other transient persons. In some instances, students or other lessees sublet or share the leased premises with other unrelated persons. The introduction of multiple unrelated tenants contributes to the deterioration of single family residential neighborhoods. Objectives of the ordinance. The objectives of the ordinance are: (1) to prohibit the overcrowding of apartment buildings and the leasing of single family residences to multiple unrelated persons in order to avoid deterioration of neighborhoods and to maintain and foster social values of the neighborhood, and (2) to provide for proof of a prima facia case of violation of occupancy standards. In drafting the ordinance, particular care is given to the definitions of dwelling unit and housekeeping unit to protect the occupation of rental units by persons who are related to each other by traditional family ties, legal relations, other forms of enduring commitment and #ffiff +: sr) }rr: y> }ttf ... f+r r srrssyyr • rr Mayor and City Comm 5n Charles Scurr, City Manager Subrata Basu, Ass't City Manager March 1, 2002 Page 2 of 3 necessity, and to limit the number of unrelated persons who reside together. The exceptions for adult congregate living facilities and other licensed facilities is maintained. Means of achieving objectives. The proposed ordinance prohibits occupancy of a dwelling unit by more than one housekeeping unit, and prohibits the leasing of garages and accessory buildings. The land development code is amended to define dwelling unit by its f motion of providing occupancy for "one or more individuals living as a single housekeeping unit." The definition of housekeeping unit is created to include one or more, but not greater than three unrelated individuals, a traditional family, a traditional family plus two unrelated persons, and a domestic partnership. The definition of housekeeping unit is intentionally broad to cover typical living circumstances normally associated with an urban small town. Traditional living circumstances include a traditional family, a' traditional family which houses immigrant relatives, a single parent with children, foster parents and legal guardians. Additional recognized circumstances include a non - traditional domestic partnership, and a legal guardianship or foster care relationship between one or more members of a domestic partnership and a child. The land development code currently defines family to include up to five unrelated persons who live together. The definition of family is revised eliminate a single individual, to refer to a traditional family unit and to reduce the number of unrelated persons who may live together as a housekeeping unit to three. The ordinance does not ban leasing single family homes to students. While leasing single family homes to students or to other unrelated occupants may change the character of a neighborhood, we doubt that an outright ban is legally permissible. However, the ordinance reduces . the number of unrelated persons who may jointly lease a dwelling unit. Additionally, multiple leases of a dwelling unit are prohibited. These measures will only reduce the number of students who occupy a home. The occupancy limitation supplements the existing land development code provisions pertaining to minimum occupancy standards. Enforcement of the occupancy limitation will be facilitated by establishing evidence that is sufficient to prove a prima facia case of a violation. Once any of the 14 acts is demonstrated, the burden shifts to the alleged violator to prove that the dwelling unit is not occupied by more than one housekeeping unit. While the listed acts will facilitate enforcement, we anticipate that problems of proof will remain. A prior version of the proposed ordinance has received initial review by the administration. The current version has been distributed for review. Mayor and City Comm'n Charles Scurr, City Manager Subrata Basu, Ass't City Manager March 1, 2002 Page 3 of 3 Recommendation. Approve the proposed ordinance on first reading and refer it to the code enforcement board for review and comment prior to scheduling the second reading and public hearing. \\Dell_6100\Documents \City of South Miami \0022 - 001\1 1919.doe I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 OCCUPANCY STANDARDS; AMENDING CHAPTER 15, ENTITLED 6 "OFFENSES AND MISCELLANEOUS PROVISIONS," OF THE CODE 7 OF ORDINANCES TO CREATE ARTICLE IV, ENTITLED 8 "VIOLATION OF OCCUPANCY STANDARDS; PRIMA FACIA 9 EVIDENCE "; PROVIDING FOR SEVERABILITY, ORDINANCES IN 10 CONFLICT, AND AN EFFECTIVE DATE. 11 12 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami are 15 empowered to enact legislation to maintain, protect and promote the hometown family 16 environment of the city; and; 17 18 WHEREAS, the Mayor and City Commission recognize that in some apartment 19 buildings and single.- family areas landlords violate the city's minimum occupancy 20 standards by subdividing dwelling units, leasing, dwelling units to more than one 21 housekeeping unit, and by allowing too many persons to occupy the premises; and, 22 23 WHEREAS, overcrowding results in unclean and unsafe buildings, facilities and 24 common areas, and contributes to the deterioration of the neighborhood and to the 25 creation of conditions of slum and blight; and, 26 27 WHEREAS, landlords and, or, sub- lessors often attempt to hide violations of the 28 city's minimum occupancy standards; and, 29 30 WHEREAS, the ;establishment of prima facia evidence of a violation will assist 31 the city in maintaining the health, safety and welfare of the city's residents, businesses 32 and visitors. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1. Chapter 15, entitled "Offenses and Miscellaneous Provisions," of the 38 City of South Miami Code of Ordinances is amended to create Article IV, entitled 39 "Violation of Occupancy Standards; Prima Facia Evidence," to read: 40 41 42 Page 1 of 3 Additions shown by underlining and deletions_ shown by ,,,,e..g. 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 ARTICLE IV. VIOLATION OF OCCUPANCY STANDARDS, PRIMA FACIA EVIDENCE Sec. 15 -100. Prima facia evidence of violation of occupancy standards. (a) In determining a violation of the occupancy standards contained in paragraph G), entitled "Occupancy Standards, " of section 20 -4.7, entitled "Minimum housing standards," of the South Miami Land Development Code, a demonstration of one or more of the following shall be sufficient evidence to establish a prima facia case: (1) More than one electrical, water, gas, cable, or other type of utility service or meter at a single address, (2) Two or more mailboxes on the premises of a dwelling unit-, (3) More addresses and, or, unit numbers than authorized by abuilding permit; (4) Liquid propane (LP) gas tank installed at a detached structure on the premises-, (5) More than one cooking area in the primary structure, (6) All living areas in the dwelling are not interconnected, (7) Subdivision of habitable rooms without a building permit, (8) More vehicles parked at the dwelling unit than members of the (9) More drivers licenses and, or, vehicles registered to the address of a dwelling unit than members of the housekeeping unit-, (10) Advertisement for leasing or subleasing a dwelling unit that would result (11) An unpermitted or u (12) The listing of more 1 (13) More than one subs( (14) Receipt or cancelle, more than one tenant. (b) Upon presenting sufficient evidence to establish a prima facia case of a alleged violator to demonstrate that the dwelling unit is not occupied by more than a single housekeeping unit. by law. Page 2 of 3 Additions shown by underlining and deletions shown by ever-striking. 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 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Code of Ordinances. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR 1St Reading — 2nd Reading ►.1 COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: Page 3 of 3 Additions shown by underlining and deletions shown by °. ' t :, �„ a. �t �r a $ u South Miami AN- lcaClty * INCORPORATED 1927 C0Rty 2001 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: March 15, 2002 and City Commission T From: Charles Scurr ?Re: Agenda Item City Manager CommissionFor Senior Citizens REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND COMMITTEES; AMENDING ORDINANCE NO. 13 -01 -1744 BY DECREASING THE COMMISSION FOR SENIOR CITIZENS MEMBERSHIP FROM 15 TO 9 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached ordinance on for first reading is being sponsored by Mayor Robaina. This particular legislation would amend Ordinance No. 13 -01- 1744, which created the Commission for Senior Citizens, by decreasing the membership from 15 to 9. The Commission For Senior Citizens was created to address the critical needs of the older adults of South Miami. Nearly a quarter of the population in South Miami is over 60 years old. While the majority of these is in good health and is economically self - sufficient, there is a significant number in need of special services, but whose needs are often not identified. The Ordinance provides that the membership shall be either residents of the City or have a principal place of business in the City. A majority of the members shall be 60 years of age or more. RECOMMENDATION Approval is recommended. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS 5 AND COMMITTEES; AMENDING ORDINANCE NO. 13 -01 -1744 BY 6 DECREASING THE COMMISSION FOR SENIOR CITIZENS 7 MEMBERSHIP FROM 15 TO 9; PROVIDING FOR SEVERABILITY, 8 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami by 11 Ordinance No. 13 -01 -1744, created a Commission for Senior Citizens to address the 12 critical needs of the older adults of South Miami; and 13 14 WHEREAS, nearly a quarter of the population of the City of South Miami is over 15 60 years old and while the majority of these are in good health and are economically 16 self - sufficient, there is a significant number in need of special services, but whose needs 17 are often not identified; and 18 19 WHEREAS, the City of South Miami has already instituted a Senior Center which 20 provides certain services to senior citizens, it still seems that the majority of those 21 citizens who could benefit from such and other services are not being reached; and 22 23 WHEREAS, the Mayor and City Commission desire to decrease the membership 24 of the Commission For Senior Citizens from 15 to 9. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. Ordinance No. 13 -01 -1744 is hereby amended to change the 30 membership from 15 to 9 members. 31 (a) Appointment and qualifications. Members of the Commission shall be appointed 32 by the Mayor with the advice and consent of the City Commission as prescribed in 33 the City Charter. Members shall be either .a resident of the City or have a 34 principal place of business in the City of South Miami. Members shall 35 demonstrate interest in or knowledge about the status of the senior citizens who 36 reside in the City of South Miami. A majority of the members shall be 60 years of 37 age or more. 38 (b) Terms of office. In order that the terms of office of all members shall not expire at 39 the same time, the initial appointments to the Commission shall be as follows: 40 eight (9)W of the members shall be appointed for two year terms and seven (7) 41 of the members shall be appointed for three year terms. Thereafter, appointed 42 members shall serve for two -year terms. Additions shown by underlining and deletions shown by everst-rrking I (c) Change in number of members. The number of persons serving on the 2 "Commission may be increased or decreased by the City Commission based on 3 the level of participation and need. In the event of a change in members, the 4 number of members that must be present to constitute a quorum for a meeting 5 shall be half the members plus one. In the event of any increase in the number of 6 members, the terms of office shall be prescribed by the City Commission. 7 (d) Chairperson, vice- chairperson, secretary. The Chairperson, vice - chairperson and 8 secretary shall be elected by the members of the Commission for a term of one 9 year. The members may elect any additional officers that they deem necessary. 10 (e) Meetings, expenses. Regularly scheduled meetings shall be held monthly at City 11 Hall - at a convenient time to be decided by the Commission members. The 12 members may change the place and time of a particular meeting by motion and a 13 vote of the majority of the members present at a regularly scheduled meeting. 14 Regular and special meetings shall be scheduled, and notice shall be given, as 15 provided by the City Code for meetings of the City Commission; provided 16 however, that scheduling special meetings shall require written request of a 17 majority of the members of the Commission. Minutes shall be kept either by 18 recording or in written form. Members shall serve without compensation, but 19 shall be reimbursed for necessary and authorized expenses incurred in the 20 performance of the work of the Commission. A budget may be established by the 21 City Manager for the purpose of funding expenses. 22 (f) Powers and duties. The powers and duties of the Commission shall include, but 23 not be limited to: 1) to serve in an advisory capacity to the Mayor and City 24 Commission by making investigations, studies, reports and recommendations in 25 respect to all matters pertaining to the status of senior citizens (ages 60 and over) 26 in the City of South Miami including but not limited to health, living conditions, 27 recreation, sources of information, exposure to crime, general safety, 28 transportation, availability of employment, and discrimination and responsiveness 29 of government to the needs of such citizens of South Miami; 2) to study, report on 30 and recommend needed improvements in the existence and delivery of services to 31 the elderly such as health, medical, social and recreational services; 3) to appear 32 before the Mayor and City Commission to deliver reports, recommendations and 33 requests for assistance; and 4) to perform such other duties, functions and services 34 as may be requested by the Mayor and City Commission. 35 36 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 37 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 38 shall not affect the validity of the remaining portions of this ordinance. 39 40 Section 3. All ordinances or parts of ordinances in conflict with the provisions 41 of this ordinance are repealed. 42 43 Section 4. This ordinance shall take effect immediately upon approval.. Additions shown by underlining and deletions shown by °uefstr' g. 1 2 3 PASSED AND ADOPTED this day of , 2002. 4 5 ATTEST: APPROVED: 6 7 8 CITY CLERK MAYOR 9 10 Is' Reading 11 2nd Reading 12 COMMISSION VOTE: 13 READ AND APPROVED AS TO FORM: Mayor Robaina: 14 Vice Mayor Russell: 15 Commissioner Bethel: 16 CITY ATTORNEY Commissioner Wiscombe: 17 Commissioner Feliu: 18 19 20 21 22 23 24 25 26 27 28 29 30 Ordinance amending Ord. No. 13 -01 -1744, which created the Commission for Seniors Additions shown by underlining and deletions shown by everstr-Ad*g- To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr /D /A REQUEST MEMORANDUM Date: March 15, 2002 Re: Agenda Item / I Commission For Women AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND COMMITTEES; AMENDING SECTION 2 -26 (B) OF THE 'CODE OF ORDINANCES ENTITLED "COMMISSION FOR WOMEN" TO INCLUDE FACULTY MEMBERS OF SOUTH MIAMI SENIOR HIGH SCHOOL AS PART OF THE MEMBERSHIP CRITERIA; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached ordinance on for first reading is sponsored by Vice Mayor Russell. The ordinance amends the appointment and terms of the Commission For Women members by including faculty members of South Miami Senior High School as part of the membership criteria. RECOMMENDATION Approval is recommended. ,;.. IF i I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF 'SOUTH MIAMI, FLORIDA RELATING TO BOARDS 5 AND COMMITTEES; AMENDING SECTION 2 -26 (B) OF THE CODE 6 OF ORDINANCES ENTITLED "COMMISSION FOR WOMEN" TO 7 INCLUDE FACULTY MEMBERS OF SOUTH MIAMI SENIOR HIGH 8 SCHOOL AS PART OF THE MEMBERSHIP CRITERIA; PROVIDING 9 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami created 13 the Commission For Women to serve in an advisory capacity by making investigations, 14 studies, reports and recommendations to the City Commission, the City Manager and the 15 administration, and the community, in respect to all matters pertaining to the status of 16 women in the City; and 17 18 WHEREAS, the City Commission recognizes the important role and outstanding 19 contributions faculty members of South Miami Senior High School makes to this 20 community; and 21 22 WHEREAS, the Mayor and City Commission desire to include as part of the 23 membership ,criteria for the Commission For Women faculty members of South Miami 24 Senior High School. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. Section 2 -26 (b) entitled "Commission For Women" is hereby 30 amended as follows "Appointment and terms of members. Members of the commission 31 shall be appointed by the mayor as provided in the City Charter. Members of the 32 Commission shall be permanent residents, employed in business in the City for two or 33 more years or faculty member of South Miami Senior High School. Each member shall 34 have demonstrated a commitment to improve the condition of women through 35 community and other service. The membership should reflect the racial and ethnic 36 diversity of the residents of the City." 37 38 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 39 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 40 shall not affect the validity of the remaining portions of this ordinance. 41 42 Section 3. All ordinances or parts of ordinances in conflict with the provisions 43 of this ordinance are repealed. Additions shown by underlining and deletions shown by everstriking 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 4. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of , 2002. ATTEST: CITY CLERK 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission For Women amendment APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: Additions shown by underlining and deletions shown by ^-r-o,�. *rig § 2 -25 SOUTH MIAMI CODE § 2 -26 (m) In determining the deviation, if any, from the scheduled fine, the board shall consider the following factors: (1) The gravity of the violation. (2) Actions taken by the violator to correct the violation. (3) Previous violations committed by the violator. (4) The benefit received by the violator from the violation. (5) The violator's ability to pay. (6) The deterrent effect to be achieved by the fine. (Ord. No. 1687, § 2, 6 -8 -99) Sec. 2 -26. Commission for women. (a) Created; composition. There is hereby created a city com- mission for women. The commission shall consist of ten members. (b) Appointment and terms of members. Members of the com- mission shall be appointed by the mayor as provided in the city Charter. Members of the commission shall be permanent resi- dents or employed in business in the city for two or more years. Each member shall have demonstrated a commitment to improve the condition of women through community and other service. The membership should reflect the racial and ethnic diversity of the residents of the city. (c) Terms of office. In order that the terms of office of all members of the commission shall not expire at the same time, the initial appointments to the commission shall be as follows; Five members of the committee shall be appointed for a term of two years from date of its first meeting and five members shall be appointed to the commission for a term of three years. Appointed members shall thereafter serve for a period of two years or until their successor is appointed, whichever occurs later. (d) Chairperson and vice - chairperson. The chairperson and vice - chairperson shall be elected by the members of the commis- sion for a term of one year. Appointments to fill any vacancy on the commission shall be for the remainder of the unexpired terms. When any member of the commission fails to attend three consecutive meetings without an excused absence, he or she shall Supp. No. 58 18.6 § 2 -26 ADMINISTRATION AND CITY GOVERNMENT § 2 -26 be removed by the city commission. An "excused absence" shall be defined as an absence resulting due to personal or family illness, death in family, being out of town because of business, profes- sional or other commitments subject to the approval of the chairperson. (e) Organization of the commission. Members of the commis- sion for women shall elect such officers, in addition to the chairperson and a vice- chairperson, as may be deemed necessary. Six members shall constitute a quorum necessary to hold a meeting to take any action. Members shall serve without com- pensation, but shall be reimbursed for necessary expenses in- curred in the performance of their official duties as approved by the city commission. A budget shall be established by the city manager, as soon as possible, for purpose of funding expenses. Regular and special meetings of the commission shall be sched- uled, and notice of such meetings shall be given, as provided in this Code for meetings of the city commission; provided, however, that scheduling special meetings shall require the written re- quest of six commission members, Minutes shall be kept by city staff of all meetings. (f) Duties and powers of the commission for women. The powers and duties of the commission shall include, but not limited to, the following duties, functions, powers and responsi- bilities. (1) To serve in an advisory capacity by making investiga- tions, studies, reports and recommendations to the city commission, the city manager and her or his administra- tion, and the community, in respect to all matters pertain- ing to the status of women in the city, including, but not limited to, the fair and equal treatment of women; those policies and practices which discriminate against women whether practiced by public or private persons, individu- als or corporations; and, the public and private employ- ment of women, the working and living conditions of women, the delivery of public and private services to women, and the education and training of women and public accommodations for women; Supp. No. 58 1$.7 § 2 -26 SOUTH MIAMI CODE § 2.26.1 (2) To make continuing studies with recommendations and reports of all city all city agencies, facilities, boards, services and programs dealing with or affecting women, including equal funding of such facilities, services and programs; (3) To study, recommend and report any needed improve- ments and changes to city codes, boards, ordinances, resolutions, and written and unwritten policies and prac- tices of the city; (4) To appear before any governmental or non - governmental agency to present findings and recommendations on be- half of the commission for women, as well as on behalf of the city with the approval of the city commission. (5) To solicit contributions, services and financial support from other governmental authorities, private businesses, groups, institutions and trust funds; (6) To serve as a liaison or informal mediator among the city commission, the city administration, the city employees and the users of city services and facilities. The commis - sion for women may consult with representatives of these groups from time to time as necessary to carry out the commission for women's duties and functions; and (7) 'Ib perform other duties, functions and services as may be assigned to it by the city commission. (Ord. No. 1628,§ 1, 4 -1 -97 Ord. No. 1686, § 1, 6 -1 -99; Ord. No. 1717, § 1,'6- 13 -00). Editor's note Ord. No. 15 -00 -1717, §§ 1, 2, adopted June 13, 2000, renum- bered former section 2 -26.1 as new section 2 -26 and added a new section 2 -26.1 pertaining to the junior commission for women. Sec. 2.26.1. Junior commission for women. (a) Created, composition. There is hereby created a junior commission for women. The commission shall consist of least eight (8) members. (b) Appointment and qualifications of members. Members of the commission shall be appointed by the mayor as provided for in the city charter. Members shall: (1) Either be a resident of the city or a student at a city school; Supp. No. 58 18.8 MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scuff � faol City Manager REQUEST Date: March 15, 2002 Re: Agenda Item Junior Commission For Women AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND COMMITTEES; AMENDING SECTION 2- 26.1(B) (1) OF THE CODE OF ORDINANCES ENTITLED "JUNIOR COMMISSION FOR WOMEN" TO INCLUDE STUDENTS OF SOUTH MIAMI SENIOR HIGH SCHOOL AS PART OF THE MEMBERSHIP QUALIFICATION CRITERIA; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached ordinance on for first reading is sponsored by Vice Mayor Russell. The ordinance amends the appointment and terms of the Junior Commission For Women members by including students of South Miami Senior High School as part of the membership qualification criteria. RECOMMENDATION Approval is recommended. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS 5 AND COMMITTEES; AMENDING SECTION 2- 26.1(8) (1) OF THE 6 CODE OF ORDINANCES ENTITLED "JUNIOR COMMISSION FOR 7 WOMEN" TO INCLUDE STUDENTS OF SOUTH MIAMI SENIOR 8 HIGH SCHOOL AS PART OF THE MEMBERSHIP QUALIFICATION 9 CRITERIA; PROVIDING FOR SEVERABILITY, ORDINANCES IN 10 CONFLICT, AND AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami created 13 the Junior Commission For Women to serve in an advisory capacity to the Commission 14 For Women and to the Mayor and City Commission by making investigations, studies, 15 reports and recommendations in respect to all matters pertaining to the status of young 16 women in the City and in area schools; and 17 18 WHEREAS, the City Commission recognizes the important role and outstanding 19 contributions South Miami Senior High School students make to this community; and 20 21 WHEREAS, the Mayor and City Commission desire to include as part of the 22 membership and qualification criteria for the Junior Commission For Women, students of 23 South Miami Senior High School. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. Section 2- 26.1(b) (1) entitled "Junior Commission For Women," is 29 hereby amended as follows "Appointment and qualifications of members. Members of 30 the Commission shall be appointed by the Mayor as provided for in the City Charter. 31 Members shall: (1) Either be a resident of the City, a student at a City School or a 32 student at South Miami Senior High School. 33 34 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 35 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 36 shall not affect the validity of the remaining portions of this ordinance. 37 38 Section 3. All ordinances or parts of ordinances in conflict with the provisions 39 of this ordinance are repealed. 40 41 Section 4. This ordinance shall take effect immediately upon approved. 42 43 Additions shown by underlining and deletions shown by e of I PASSED AND ADOPTED this _ 2 3 4 ATTEST: 5 6 7 CITY CLERK 8 9 Is' Reading — 10 2nd Reading — 11 12 READ AND APPROVED AS TO FORM 13 14 15 CITY ATTORNEY 16 17 18 19 Junior Commission For Women amendment day of APPROVED:- MAYOR F11117A COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: § 2 -26 SOUTH MIAMI CODE § 2.26.1 (2) lb make continuing studies with recommendations and reports of all city all city agencies, facilities, boards, services and programs dealing with or affecting women, including equal funding of such facilities, services and programs; (3) To study, recommend and report any needed improve- ments and changes to city codes, boards, ordinances, resolutions, and written and unwritten policies and prac- tices of the city; (4) To appear before any governmental or non- governmental agency to present findings and recommendations on be- half of the commission for women, as well as on behalf of the city with the approval of the city commission. (5) To solicit contributions, services and financial support from other governmental authorities, private businesses, groups, institutions and trust funds; (6) To serve as a liaison or informal mediator among the city commission, the city administration, the city employees and the users of city services and facilities. The commis - sion for women may consult with representatives of these groups from time to time as necessary to carry out the commission for women's duties and functions; and (7) To perform other duties, functions and services as may be assigned to it by the city commission. (Ord. No. 1628, § 1,'4 -1 -97; Ord. No. 1686, § 1, 6 -1 -99; Ord. No. 1717, § 1, 6- 13 -00) Editor's note —Ord. No. 15 -00 -1717, §§ 1, 2, adopted June 13, 2000, renum- bered former section 2 -26.1 as new section 2 -26 and added a new section 2 -26.1 pertaining to the junior commission for women. Sec. 2.26.1. Junior commission for women. (a) Created, composition. There is hereby created a junior commission for women. The commission shall consist of least eight (8) members. (b) Appointment and qualifications of members. Members of the commission shall be appointed by the mayor as provided for in the city charter. Members shall: (1) Either be a resident of the city or a student at a city school; Supp. No. 58 18.8 § 2.26.1 ADMINISTRATION AND CITY GOVERNMENT § 2.26.1 (2) Be age thirteen (13) through a senior in high school; (3) Be involved in at least one (1) extra- curricular activity; and (4) Maintain at least a "C° grade point average. An applicant must present two (2) recommendations from current and/or former teachers and one (1) recommendation from a person who is not a member of the applicant's immediate family attesting to the applicant's good character and leadership ability. The commission for women shall review all applications and make recommendations for appointment to the mayor. (c) Terms of office. In order that the terms of office of all members of the commission shall not expire at the same time, the initial appointments to the commission shall be as follows: one -half (1/2) of the members shall be appointed for two (2) years and one -half (1/2) of the members shall be appointed for three (3) years. In the event the number of initial appointments to the commission makes up ij an odd number, then one (1) more person shall be appointed for two (2) years. Thereafter, appointed mem- bers shall serve for two (2) years or until a successor is appointed. Appointments to fill any vacancy on the commission will be for the unexpired term. (d) Change in number of members. The number of persons serving on the commission may be increased or decreased by the city commission based on the level of participation by young women. In the event of a change in members, the number of members that must be present to constitute a quorum for a meeting shall be half (1/2) the total members plus one (1). In the event of any increase in the number of members, the terms of office shall be prescribed by the city commission. (e) Chairperson and vice - chairperson. The chairperson and vice - chairperson shall be elected by the members of the commis- sion for a term of one (1) year. The members may elect any additional officers that they deem necessary. (f) Removal. When any member fails to attend three (3) consecutive meetings without an excused absence, the member shall be removed by the city commission. An "excused absence" shall include, but not be limited to, an absence resulting from a Supp. No. 58 18.9 § 2.26.1 SOUTH MIAMI CODE § 2.26.1 death in the family, or of a teacher or a close personal friend, a personal or family illness, being out of town on personal business, field trips or other school - related matters, or vacation, and preparing for final examinations, and shall be subject to the approval of the chair. An action of the commission shall not be nullified because one or more of its members are later determined to be disqualified from holding that office. (g) Liaison with commission for women. The chairperson or the vice- chairperson of the commission will attend monthly meetings of the commission for women; likewise, the commission for women shall designate two (2) members who shall attend meetings of the junior commission for women on a rotating basis. The designated persons shall attend meetings in a non- voting ex officio capacity. Failure to ' attend a meeting as an ex officio member shall not count against the member as an unexcused absence. (h) Meetings, expenses. Regularly scheduled meetings, shall be held monthly at city hall at a convenient time to be decided by the commission members. The members may change the place and time of a particular meeting by motion and a vote of the majority of members present at a regularly scheduled meeting. A majority of the members in good standing shall constitute a quorum necessary to hold meetings and take action. Regular and special meetings shall be scheduled, and notice shall be given, as pro - vided,- in the city code for meetings of the city commission; provided, however, that scheduling special meetings shall require the written request of a majority of the members in good stand- ing. Minutes shall be kept either by recording or in written form. Members shall serve without compensation, but shall be reim- bursed for necessary and authorized expenses incurred in the performance of the work of the commission. A budget may be established by the city manager for the purpose of funding expenses. (i) Powers and duties. The powers and duties of the commis- sion shall include, but not be limited to: (1) To serve in an advisory capacity to the commission for women and to the mayor and city commission by making investigations, studies, reports and recommendations in Supp. No. 58 18.10 § 2.26.1 ADMINISTRATION AND CITY GOVERNMENT § 2 -26.2 respect to all matters pertaining to the status of young women in the city and in city schools; including the working, educational and living conditions of young women; education and training; health, teen pregnancy and expo- sure to predatory crimes; availability of quality and accessible health services, educational, family and psy- chological counseling services; availability of meaningful employment for young women; discrimination and respon- siveness of government to the needs of young women. (2) To study, report on and recommend needed improvements in the existence and delivery of needed medical, educa- tional, criminal and social services. (3) To appear before the commission for women and the mayor and city commission to deliver reports, recommen- dations and requests for assistance. (4) To perform other duties, functions and services as may be requested by the commission for women and the mayor and city commission. (Ord. No. 1717, § 2, 6- 13 -00) Editor's note —See editor's note following section 2 -26. Sec. 2 -26.2. Community redevelopment agency advisory board. (a) Created, composition. There is hereby created a community redevelopment agency advisory board for the city. The board shall consist of five members who reside and/or work in the redevelop- ment area and other professionals who may give technical advice to the agency. (b) Terms. Members of the board shall serve two -year terms, except for the first two appointed who will serve an initial term of three years. Appointees shall thereafter serve two -year terms of appointment or until a successor is appointed, whichever comes first. (c) Chairman and vice- chairman. The members shall meet promptly and select a chairman and vice - chairman by a majority vote of the board. Supp. No. 58 18.11