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11-04-02::...t„ South Miami •• f {`f �j�' �. / jf y '� PR)k��i�b81'i5d3 8&5� �t31I� J, 2001 CITY COMMISSION AGENDA City Commission Meeting Meeting date: November 4, 2002 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: November 19, 2002 Phone: (305) 663 -6340 Time: 7 :30 PM City of South Miami Ordinance No 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee- of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not- for -- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation (s) (7:00 p.m.) Hotel Vila Allen Kelley- 14th' Dist. American Legion SW 8th to Key West Mel Haber - Red Light Camera Program REGULAR CITY COMMISSION 1 AGENDA - November 4, 2002 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes - October 15, 2002 October 1, 2002 August 1, 2002 - September 10, 2002 September 24, 2002 2. City Manager's Report 3. City Attorney's Report PUBLIC REMARKS (5- minute limit) CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING KENNETH FELDMAN TO SERVE ON THE CODE ENFORCEMENT BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 4, 2004, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING MONIQUE KAY, JENA STALY AND JOYCE M. PRICE TO THE COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING NOVEMBER 4, 2004 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $21,854.50 DANTE FASCELL FRDAP GRANT ACCOUNT 001 - 0000 - 115 -7022 TO LEADEX CORPORATION EFFECTIVE NOVEMBER 5, 2002; PROVIDING AN EFFECTIVE DATE. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A 2002 -2003 TOURIST DEVELOPMENT COUNCIL GRANT IN THE AMOUNT OF $4,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 2 AGENDA - November 4, 2002 B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE INSTALLATION OF A REPLACEMENT ACCESS CONTROL SYSTEM BY FLORIDA STATE FIRE & SECURITY, AND CHARGING THE DISBURSEMENT OF $16,628.00 TO ACCOUNT NO. 1910 -521 -6430 TITLED OPERATING EQUIPMENT PROVIDING AN EFFECTIVE DATE OF OCTOBER 15, 2002. 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI', FLORIDA, RELATING TO THE ACCEPTANCE OF AN EXTENSION OF THE CITY'S 95, 97, 98, 99 AND 01 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS UNTIL DECEMBER 31, 2002; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE`. 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGREEMENT WITH MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR WATER FACILITIES FOR THE DOWNTOWN INFRASTRUCTURE IMPROVEMENTS KNOWN TO MIAMI -DADE WATER AND SEWER DEPARTMENT (MDWASD) AS CITY OF SOUTH MIAMI DOWNTOWN IMPROVEMENTS ID# 17399; PROVIDING AN EFFECTIVE'DATE.3 /5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PERMIT FEE SCHEDULE;: AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 18- 99 -1692, 28 -00 -1730, AND 32 -01 -1763 IN ORDER TO INCREASE THE FEE FOR WAIVER OF PLAT APPLICATIONS, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE (ls- Reading - October 15, 2002)3/5 RESOLUTION (S) /PUBLIC HEARING (S) There are none RESOLUTION (S) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES;: APPROVING ATTORNEYS' FEES FOR ROBERT D. HERTZBERG, P.A., IN THE AMOUNT OF $13,911.62; CHARGING $13,911.62 TO ACCOUNT NO. 1500- 514 -3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 3 AGENDA November 4, 2002 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING; RESCHEDULING THE NOVEMBER 19, 2002 CITY COMMISSION MEETING TO NOVEMBER 21, 2002; PROVIDING AN EFFECTIVE DATE,. (Commissioner Feliu) 3/5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH T. J. PAVEMENT CORP. FOR MULTIPURPOSE CENTER ONSITE & OFFSITE IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $287,231.83 TO BE PAID FROM MIAMI DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) FY 2002 GRANT AND U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) FY 2001 EDI- GRANT; PROVIDING FOR AN EFFECTIVE DATE 3/5 15. 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 MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT NOT TO EXCEED THIRTY -EIGHT THOUSAND ONE HUNDRED THIRTY- THREE DOLLARS ($38,133); PROVIDING FOR AN EFFECTIVE DATE. 3/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CHANGE VENDORS FOR THE US -1 AND SUNSET DRIVE MEDIAN MAINTENANCE EFFECTIVE NOVEMBER 5, 2002; PROVIDING AN EFFECTIVE DATE. 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, URGING THE MIAMI -DADE COUNTY COMMISSION TO ADOPT A'? REDUCED SPEED LIMIT OF 25 MILES PER HOUR IN ALL RESIDENTIAL STREETS IN UNINCORPORATED AND INCORPORATED MIAMI -DADE COUNTY. 3/5 ORDINANCE (S) FIRST READING (S) 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; AMENDING SEC. 2 --26.8 OF THE CODE OF ORDINANCES, ENTITLED "BUDGET REVIEW COMMITTEE" TO READ "FINANCE AND TAXATION COMMITTEE "; CREATING A BUDGET AND FINANCE COMMITTEE; PROVIDING DUTIES AND RESPONSIBILITIES; REPEALING ORDINANCE NO. 29 -01- 1760; PROVIDING FR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 4 AGENDA - November 4, 2002 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2 1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION." COMMISSION REMARKS PURSUANT TO FLA STATUTES 266.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION :WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION rJ AGENDA - November 4, 2002 To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr City Manager REOUEST MEMORANDUM Date: November 4, 2002 4 Re: Agenda Item Code Enforcement Board R A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; RE— APPOINTING KENNETH FELDMAN TO SERVE ON THE CODE ENFORCEMENT BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 4, 2004 OR UNTIL A'SUCCESSOR IS APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina re- appoints Kenneth Feldman to the Code Enforcement Board. Term shall expire November 4, 2004 or until a successor is duly appointed and qualified. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING KENNETH FELDMAN TO THE CODE ENFORCEMENT BOARD TO SERVE FOR A TWO YEAR TERM ENDING NOVEMBER 4, 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 Kenneth; Feldman to serve for a two year term on the Code Enforcement Board. This appointment shall expire November 4, 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 Kenneth Feldman to the Code Enforcement Board. Section 2. The expiration date of this appointment shall expire November 4, 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: Commission Vote: Mayor Robaina: Vice Mayor Russell,: Commissioner Bethel: Commissioner Feliu; Commissioner Wiscombe: Additions shown by underlining and deletions shown by a strild . CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive South Miami, FL 33143 1. Name: 2. Home Address: 3. Business Address: ILICN (Please print) (Pwr Sr.✓ Phone No. 305- 663 -6340 Fax No. 305- 663 -6348 t 0 3 ?(P.? 4. Home Phone No. 10,5' 66 / � Business Phone No. d'5 77 //�� Fax No. i5 5. E -mail Address: k /V �-� © 1trou • *ft I 6. 7. Education Background: J ^C. ' U, � /1 A ( � 911'► C�tJ VY"CJV I w n 8. Are you a registered voter? 9. Are you a resident of the City? Yes No Yes No 10. Do you have a business in the City? Yes 11. Ethnic Origin? White Non-Hispanic_ African American Hispanic American 12. I am interested in serving on the following board(s) /committee(s): edb ek4A& First choice Second choice Third choice Fourth choice Signature. �•e..ti. .. Date Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 Other Nc-- 0 tl U tit LV.L l n Ull F l o r i d a {Y, 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive South Miami, FL 33143 1. Name: 2. Home Address: 3. Business Address: ILICN (Please print) (Pwr Sr.✓ Phone No. 305- 663 -6340 Fax No. 305- 663 -6348 t 0 3 ?(P.? 4. Home Phone No. 10,5' 66 / � Business Phone No. d'5 77 //�� Fax No. i5 5. E -mail Address: k /V �-� © 1trou • *ft I 6. 7. Education Background: J ^C. ' U, � /1 A ( � 911'► C�tJ VY"CJV I w n 8. Are you a registered voter? 9. Are you a resident of the City? Yes No Yes No 10. Do you have a business in the City? Yes 11. Ethnic Origin? White Non-Hispanic_ African American Hispanic American 12. I am interested in serving on the following board(s) /committee(s): edb ek4A& First choice Second choice Third choice Fourth choice Signature. �•e..ti. .. Date Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 Other Nc-- "sour I N CO R PO RATED 1927 a I DR I Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: November 4, 2002 and City Commission From: Charles Scurr Re: Agenda Item City Manager Commission For Women Re- appointments REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING BOARD AND COMMITTEES; RE— APPOINTING JENA STALY, JOYCE PRICE AND MONIQUE KAY TO SERVE ON THE COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING NOVEMBER 41 2004 OR UNTIL SUCCESSORS ARE APPOINTED AND DULY QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Monique Kay to the Commission For Women successors are duly appointed and qualified. RECOMMENDATION Approval is recommended. Robaina re- appoints Jena Staly, Joyce Price and . Terms shall expire November 4, 2004 or until d 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; RE- APPOINTING JENA STALY, JOYCE PRICE AND MONIQUE KAY TO SERVE ON THE COMMISSION FOR WOMEN FOR TWO YEAR TERMS ENDING NOVEMBER 4, 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 re- appoint Jena Staly, Joyce Price and Monique Kay to serve for two year terms on the Commission For Women. Appointments shall expire November 4, 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 re- appoints Jena Staly, Joyce Price and Monique Kay to the Commission For Women. Section 2. The expiration date of the appointments shall expire November 4, 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 f� i, I'' I o r l d 9 ft-W � r 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive South Miami, FL 33143 1. Name: knnloU 2. Home Address: 6 3. Business Address: 4. Home Phone No. 5. E -mail Address: 6. Education Background: 7. Community Service: Business Phone No. / ® Fax No, �-) 8. Are you a registered voter? Yes V No 9. Are you a resident of the City. Yes No 10. Do you have a business in the City? Yes V No 11. Ethnic Origin? White Non - Hispanics African American_ Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s): Date IN FILE FOR ONE YEAR Phone No. 305- 663 -6340 Fax No. 305- 663 -6348 Ae, Business Phone No. / ® Fax No, �-) 8. Are you a registered voter? Yes V No 9. Are you a resident of the City. Yes No 10. Do you have a business in the City? Yes V No 11. Ethnic Origin? White Non - Hispanics African American_ Hispanic American Other 12. I am interested in serving on the following board(s) /committee(s): Date IN FILE FOR ONE YEAR r, F l o r i d a fitf- ttulenCe CttY 1 1 2001 CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive a No. 305- 663 -6340 South Miami, FL 33143 j-eK& �" Fax No. 305- 663 -6348 1. Name: �Wlzi (Please print) 2. Home Address: �- 3. Business Address: 4. Home Phone No. 301"• 66S- 3q-7-7 Business Phone No. 30j-- ;2-?Y- (6 0 -0 Fax No. 5. E -mail Address: �,�h�� -� �,es✓wnc,chrn�,, ��„ �- /In , -r2 6. Education Background: 7. Community Service: 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 y1 11, Ethnic Origin? White Non - Hispanic ✓ African American s Hispanic American, Other 12. I am interested in serving on the following board(s) /committee(s): Revised 8/02 Date IN FILE FOR ONE YEAR J 6p` F l o r l d a All-America � 0 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 t 1. Name: ...'02 Ma I (Please print 2. Home Address: & VOL-> �z l�, � U Rt -- — a_�eP /Y) -7Aki 3. Business Address: qP 00 �5,uj> lt , M', A-M z i •�F1 ti. .-33 / 4. Home Phone No.s 1- b �z It Business Phone No. Fax No. 5. E -mail Address: 6. Education Background: , P0 r1n, 7. Service: 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 12. r�Iam interested in serving on the following board(s) /committee(s): Signatur Date g -�--. *Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 South Miami L o CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM 2001 PARKS & RECREATION DEPARTMENT TO: Mayor & Commission REQUEST DATE: November 4,2002 SUBJECT: Agenda # Commission Meeting November 5,2002 This resolution seeks approval to disburse $21,854.50 from Account 041 - 0000 - 115 -7022 Dante Fascell FRDAP Grant to Leadex Corporation for the installation of an ADA pathway and pro beach volleyball sand court. BACKGROUND & ANALYSIS The City of South Miami has received $112,500 from a FRDAP Grant for renovations, ADA compliance and additional recreational components. A component of the "Dante project "is to extend an existing ADA mulch pathway around the perimeter of the park providing access to pavilions restrooms and parking facility. The pathway will also serve as an exercise or walking trail providing a fitness component. Professional beach volleyball set up will also be provided to extend the recreational component at Dante Fascell Park. The above mentioned projects have been approved by the ERPB Boards as well as the FRDAP Grant Boards. Leadex Corporation is a local South Miami Company providing their services in our community for over 13 years. Leadex Corporation is under Dade County bid number 4907. Leadex Corporation is a local business 4731 S.W 75 Ave.; they have an outstanding record of excellent work and outstanding customer service. The above mentioned is an ideal combination for the success of the "Dante Fascell project ". Account balance is $21,854.50 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $21,854.50 DANTE FASCELL FRDAP GRANT ACCOUNT 001- 0000 -115 -7022 TO LEADEX CORPORATION EFFECTIVE NOVEMBER 5, 2002; PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of South Miami has attained a $112,500 FRDAP Grant for Dante Fascell Park; and WHEREAS, ADA compliance is a requirement of the FRDAP Grant; and WHEREAS, A recreational component also needs to be included as part of the Dante Fascell project; and WHEREAS, Leadex Corporation is on a Dade County bid; and WHEREAS, They are a local and reputable company. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Leadex Corporation will provide an ADA pathway and beach volleyball set -up per the Dante Fascell FRDAP Grant. Section 2. Leadex Corporation is on open bid with Dade County. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of November 5, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Voter Mayor Robaina: Vice Mayor Russell Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: I f.4/ V4 IV;A:d P-AA 305 1164 5330 LEADEI Cgc 010773 Leader Corporation 4731 5.111. 75 a4dF.MIAMI, FLORIDA 33155 Telephone 305 - 266 -2028 PROPOSAL FaX 305- 264 -5350 To: City of South Miami Attn.: Doug Baker Job: Dante Fascell Paris Re.: Muleh Jogging patb I. Remove and dIspose Of 190' of asphalt path. 2. F'xaavation Of pathway to allow for 6" of Mulch 210cy @ $14.25 3. New mulch hail 1,300 x 8' wide " deep. 200cy @ $35.50 4. Re -move and dispose of old Bocci Court 5. New Regulation Vofleyball Court complete A.) EXCavation 120cy @ $14.25 = $1,710.00 11) VoPteybal$ equipment = $1,500.00 Q Installation min. = S500.00 D) 4x12 timber borders 228' @ 511.50 = 2,622.00 Sand 120y, $35.50 = 54,260.00 TOTAL "SCOPE OF WO SOT INCL, ED" Ao pest or fees included. Must have access for nmehiaery. Must have access to power & w:Iter. RePliring sod or any other proper+.jeL THEREASTEIL t e�°ots o g'r® s snLn 9 no re e JIt13' 239 2002 8 570.00 5 21992.50 7,100.00 S 600.00 $ 21.,854.50 la O(f,, MIAMI -DADE COUNTY BLANKET PURCHASE ORDER ------------------------ - - - - -- - - - - - -- - - - -- --- - - - - -- BPO ID: ABCW0100480 PRINT DATE: 02/2 200 Q AGE: 01 VENDOR ID: * * * * * * * * ** MULTI - VENDOR BPOCE OR 5 - PRIME VENDOR SET ASIDE : SUBVENDOR GOAL : 00% PRIME VENDOR COMMITMENT: 00% SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS PLEASE REFER ALL QUESTIONS CONCERNING THIS ORDER TO: INNISS, EDGAR M. rTB ID EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT 02/28/2003 9,290,000.00 BID NUMBER 4907 -2/03 PRE - QUALIFIED VENDORS FOR MULTI - VENDOR BPO VENDOR !D SFX VENDOR NAME. DISCOUNT TERMS 610668607 01 HUNTER KNEPSHIELD COMPANY 2 %20NET30 650108496 01 CONTRACT CONNECTION INC 2 %2,ONET30 650170950 01 LEADEX CORP 2 %20NET30 720768130 O1 NO FAULT INDUSTRIES INC 2 %20NET30 h it ;k �F -k *, ** * *:F* ** :F* * *:l•* ;fir *�c �r * * *�c :k * *� * *x�c *��c �r �i :E k c =.�: is ;+; +; -Jr :�-•,': Y;�-t :k *� * * * * * * *-k *�F* ;k'**�: �c �c ** ITEM COMMODITY ID U/M UNIT COST 1 650 -12 EA CLIMBERS, PLAYGROUND 2 650 -18 LO COMBINATION SETS, PLAYGROUND --- - - - - -- - - - - -- END OF ITEM LIST ----------------------- - - - - -- September 17, 2002 Mr. Doug Baker City of South Miami 6130 SW Sunset Drive South Miami, FL 33143 Dear Applicant: This letter is to confirm for the record that the request for approval of;� UPGRADE - [ERPB -02 -059] "Dante Fascell Park" 8600 SW 57 Avenue South Miami, FL was recommended by staff on Tuesday, September 17, and was: Approved as presented, with the choice of brown for the color of the mulch. South Miami F l o r i d a .; rlot 2001 If you have any further questions regarding this application, please contact the Planning Department at (305) 663 -6347. Sincerely, l` E Richard G. Lorber, AICP Planning Director Planning & Zoning Department An applicant may obtain a building permit after noon of the day after the ERPB meeting, at which the application was approved, if all other requirements for the permit have been met. An appeal of an ERPB decision or recommendation may be filed at any time before a building permit is issued by filing the same with the City Clerk upon a form prescribed therefore. Appeals may be taken by the applicant, interested citizens, or the city administration [per Section 20 -6.2 (A) of City's Land Development Code]. \\MCGRUFF\PLANNING\ERPB Letters 9- 17- 02.doe MIAMI —DADE COUNTY BLANKET PURCHASE ORDER BPO ID: ABCW0100480 PRINT DATE: 02/28/2001 PAGE: 01 -------------------------------------------------- - - - - -- - - - -- - - - - -- — ----------------.----------- VENDOR ID: * * * * * * * *� `"' . `� PRIME VENDOR SET ASIDE : MULTI — VENDOR BPO L�'a li SUBVENDOR GOAL : 00% PRIME VENDOR COMMITMENT: 000 vao-= SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS PLEASE REFER ALL QUESTIONS CONCERNING THIS ORDER TO: INNISS, EDGAR M. --------------------------------------------=--------------------------------- ITB ID EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT 02/28/2003 9,290,000.00 BID NUMBER 4907 -2/03 PRE — QUALIFIED VENDORS FOR MULTI — VENDOR BPO VENDOR ID SEX VENDOR NAME DISCOUNT TERMS 610668607 01 HUNTER KNEPSHIELD COMPANY 2 %20NET30 650108496 01 CONTRACT CONNECTION INC 2 %20NET30 650170950 01 LEADEX CORP 2 %20NET30 720768130 01 NO FAULT INDUSTRIES INC 2 %20NET30 ITEM COMMODITY ID U/M UNIT COST 1 650 -12 EA CLIMBERS, PLAYGROUND 2 650 -18 COMBINATION SETS, PLAYGROUND — LO ----------------------------- END OF ITEM LIST ------ -------------- --- .--- - - - - =— AUTHORIZED DEPTS /USERS AUTHORIZED DEPT: PR * * * * ** . ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER * * * * * * ** $9,290,000.00 ( ) - TERMS: COSTS OF MANDATORY RANDOM AUDIT BY THE INSPECTOR GENERAL ARE INCORPORATED INTO THIS CONTRACT AS 1/4 OF 1% OF THE CONTRACT PRICE. THIS TS -A BLANKET PURCHASE ORDER COVERING PERIOD FROM 03/01/01 TO 02/28/03 DELIVERIES AGAINST THIS PURCHASE ORDER SHALL BE MADE IN QUANTITIES AND TIMES AS REQUESTED BY THE DEPARTMENT DURING SAID PERIOD. INVOICING SHALL BE ON A PER ORDER (DELIVERY) BASIS OR ON A MONTHLY INVOICE BASIS. ALL ITEMS IN. ACCORDANCE WITH BID PROVISIONS AND SPECIFICATIONS. ESTIMATED QUANTITIES AND /OR DOLLARS ARE FOR RECORD PURPOSES ONLY. NO GUARANTEE IS 'EXPRESSED OR IMPLIED AS TO QUANTITIES AND /OR DOLLARS THAT WILL ACTUALLY BE PURCASED. THE VENDOR ACCE -PTS ALL RISKS' ASSOCIATED WITH USING THIS INFORMATION. AUTHORIZED SIGNATURE: ,p DATE: * ** * * ** LAST PAGE * * * * * * ** 07/12/99 14:49 '$ Qn01 MIAMI -DADE COUNTY, FLORIDA 9 MM M® STEPHEN P. CLARK CENTER GENERAL SERVICES ADA MISTRATION PROCUREMENT MANAGEMENT DIVISION 177 NW 15T STREET SUITE 2350 MIAMI, FLORIDA 3312 8-7989 ADDENDIM NO. 1 (305) 375-5288 July 12, 1999 TO- SUBJECT: : BID NO.: TITLE: SID OPENING DATE: All Prospective Bidders 49707 - 2/03 -O R -SW Playground And Park Equipment July 14,1999 This Addendum is and does become a part of the above - mentioned bid. Plcasc note the following clhaagL(s)' 1, The Bid Opening Date is cbauged to read Wednesday, July 28 1999 at 2:00 P.M. 2. Remove and replace Bid Proposal Page 31 with Page 31,6 3. Add Paragraph 2.35 - CERTIFICATION INSTALLERS. All contractors submutfing bids on instillation must supply WRITTEN FACTORY CEF.TTl ZCATION that they arc certified/authorized to install playground equipment as required by the manufacturer. Failure to supply this documentation titb the bid proposal may result in. hid rejection; however, the bidder may be given the opportunity to submit the, relevant documentation to the County during the bid evaluatiorx period_ At such time the bidder shall be given fifteen (15) calendar days to submit the information- Failure to meet this requirement may result in your bid being rejected. 4. Pagt 29 t � O ;i is nc-e t �eltze I1 r i"T- er.-_es to ",g7,o1, d?::t? " ., l�1Ci. I: I'0170S' I, . J' Oil Fc:__ P.en..al, c' _ ALL OT LER E,IFOWVL4TIOIN REMAINS "'HE SAME Edgail -oiss, CPPB Senior Procurement Agent 07/12/99 14:54 TX /RX N0.3917 P.001 NOTE iF FRONT OF DOCUMENT READS "CHANGE ORDER", YOU MUST CHANGE PURCHASE ORDER NOW IN YOUR POSSESSION TO READ AS INDICATED ON FRONT. ALL OTHER ITEMS ARE TO BE SHIPPED AS ORIGINALLY SPECIFIED. AND COND 1. Materials must be properly packaged. Damaged material will not be accepted 2. Inspection of delivery will be made at the delivery point, unless otherwise specified. 3, Claims for partial deliveries must be so indicates. 4. All containers or reels etc., are to remain the properly of the purchaser uniess otherwise specified. 5. The purchasing agent may grant additional time for delivery when the vendor is at fault or if he is satisfied the delay is beyond the control of the vendor. Such grant rust be in writing and made a part of the order. 6. Rejected material will be returned to the vendor at the vendor's risk and expense. 7, Quantities specified in the order are not to be exceeded. 8. It is agreed that goods delivered shall comply with all Federal, State or local laws relative thereto, and that the vendor shall defend actions or claims brought and save harmless the buyer from loss, cost or damage by reason of actual or alleged infringements of letters patent. 9. All prices must be F.O.B. delivery point. Where specified purchase is negotiated F.O.B. shipping point, the vendor is to prepay shipping charges and add to invoice. 10. Unless otherwise specified, 2% cash discount will be deducted from payment if made between the 5th and 20th days of the month following receipt of goods or invoice, whichever is later. 11. In case of default by the vendor on an awarded bid, the buyer may procure the articles or services from other sources and charge the vendor as liquidated damages any excess cost or damages occasioned thereby. 12. No charge shall be made for extras, packing or cartage unless ordered and the charge approved in writing by the purchasing agent. This order subject to conditions on face and reverse thereof. No changes maybe made without written permission of purchasing agent. IMPORTANT: cases purchase order ID must be shown on all invoices, packages, cases, tickets and correspondence. 160.01 -M 1/00 This form is for Miami -Dade Department of Procurement Management use only. 07/12/99 24:50 NIIANq -DADS COUNTY. FLORIDA July 9, 1999 W Frank, J. Fonseca, P -'R_, President Leader Corporation 4731 S.W. 75"' Avenue Miami., FT, 3.3153 Re: Your Rcquest for Information Bid No. 4907 -2/03 - LPN = WA STEPHEN P CLARK CENTER GE14ERAL SEFMCM ADMINISTRAnON PROCUREMENT MANAGEMENT DIVISION 111 NW 1ST STREET SUITE 2M MIAMI, FLORIDA= 28-1989 (305) 375 -6289 Dear Mr. Fonseca: This is to respond to your Request for Information dated June 28, 1999. 1. Accordingly, the word "contractor" is interchangeable with bidder /vender. 2. Paragraph 2.25 — "Competency of Bidders: Subcontract with Another Vendor Allowed ". Our intent is to establish a turnkey relationship with tho successful bidders) as it relates to the furnishing and the installation of the playground equipment- Whilc no specific ,qualifications are listed, we want to ensiue that the installer, if used as a sub- contractor, is capable of perfo.rming according to our needs. Paragraph 2.3I takes this a step further by stating tbot the bidder is required to indicate what portion of work- is to be performed by the subcontractor. 3. Paragraph 2.29 Licenses, Permits and Fees. The successful. bidder shall be required to obtain a pain it from the Miami -Dado B -LdldLng and Zoning Department for any new infrastructure to be installed at our playground. Our Park and Recreation Department will prepare the necessary playas and obtain a `Sd run" permit for said infrastructure. The successful bidder /installer shall pick up the "dry run" permit and take it to thc,Building and Zoning Dtpartrnent for finel processing. Thc contractor. /successful bidder shall be re i on ih e for scheduling ail onsitc inspections that are r�!uirad. No peririit is required for the playground equipment installation. (5-ox Supervisor, Lister Gates who supervises playground installation for the Park tu?d Recrcatio)) Dzpw- orient, is a certified Playground Safety .Lnspector. 4_ Pave 29, Option C — Fencing. Addendum No_ 1 shall delete all references to `•grounding '. 07/12/99 14:54 TX /RX N0.3917 P.003 07!12/91 14 SO '13 51 Shipping Terms F.O.E. )Destination. As mentioned earlier, our intent is to establish a " n-irnkey" system of operation. While we are awBZC that there are certain costs associated with doing business, we cannot tell you how to recoup these various costs. S. paragraph 2.20 — State -wide Usage/Surcliar-ge Fee: Miami -Dade County expects to receive a 2% surcharge of all dollars you receive atom conducting business with an cntiry other than Miami -Dade County using subject contract. Again, we cannot tell you hot ;T to cQmensaie yourself for the cost associated with another entity accessing our contract to do busing with you. 7. County is tax=- exempt. We are a tax- exempt cntity. We expect to see no taxes when invoiced. Thank you for your continued interest in doing business with Miami -Dade County. Sincerely, Edgar .5s, Cl'pB Senior Frocurcmcnt Agent ETlmo-%v 2 07/12/99 14:54 TX /RX N0.3917 P.004 o7, /12 39 14:50 1 M AMI DADE COUNTY, FLORIDA July 9, 1999 MY, Frtsk, J. Fonsec,% P_>~ President Leadex Corporation 4731 S.W. 751 Avenue Miami., FT, 33155 Re.- YourRx-,quest for Information Bid No. 4907 -2/03 Dear W. Fonseca: Pi o1,-3 00 STEPHEN F CLARK CEWER GENERAL SERVICES ADMINISTRATION PROCURWENr MANAGEMENT 01VISION 111 NW 1ST STREET SUITE 2356 MIAMI, FLORIDA 33128 -1989 (305) 376 -5299 This is to respond to your Request for Information dated June 28, 1999. 1. Accordingly, the word "contractor" is interchangeablo with biddcrlvendor. 2. Paragraph 2.25 "Competency of Bidders: Subcontract with Another Vendor Allowed ". Grur intent is to establish a turnkey relati nsiup with the successful bidder(s) as it relates to the fumishing and the installation of the playground equipment- Whilc no specific qualifications are listed, we 'want to ensure that the installer, if used as a sub - contractor, is capable of performing according to our needs. Paragraph 2.31 takes this a step further by stating that the bidden is required to indicate what portion of work. is to be performed by the subcontractor. 3. Paragraph 2.29 Licenses, Permits and Fees. The successful bidder shall be required to obtain a permit from the Nflami -Dade BciWug and Zoning Department for any new in astructurc to be installed at our playground. Our Park and Recreation Department will prepare the neoes_sary plans aril obtain a "dry run" permit for said infrastructure. The successful bidder /installeT shall pick up the "dry nil" permit and talc it to the Building and Zonnin Dcepartment for fsal processing. The contractor /successful bidder shall be respc-nsibla for .schaduling -,III ansitc inspoctions that are req-uLred. No permit is required for the playground equipment installation. Our Supervisor, Lester Gates who supervises playground installation for the Part: and Rearcation Depw tnient, is a certified Playground Safety Jms;pector. 4. Page 29, Option C — Fencing. Addendum No. 1 shall delete all references to "grounding'. 07/12/99 14:54 TX /RX N0.3917 P.003 AB 14:5(3 tiifll7d 5, Shipping Terms F.O.B. DEStinauon. As mentioned earlier, our intent is to estatslisli a "turnkey" system of operation. While we are aware that there are certain, casts associated with doing business, we cannot tell you how to recoup these various costs. 6. Paragraph 2.2� — State -vride Usag-' /.Su.rcharge Fee Miami. -Dade County expects to receive a 2`Yo surcharge of all doitars you receive iiom conducting business vvith an entity other than M mi -Da:le County using subject contract. Again, we cannot tell you ho-w to compen:sa.t yourselF for the cost associated with mother ,c�!IItlty accessing oux contract to do busin^-sS - Lrith you 7. County :s tam- exempt. We alre a tax - exempt entity_ We expect to see no taxes when invoiced. Thank- you for your continued interest iii doing business with Miami -Dade Colony. Sincerely, Bd ar 'ss, Cpp Senior Fmcurcmcnt Agent FTlmoW z 07/12/99 14:54 TX /RX NO.3917 P.004 MIAMI -DADE COUNTY, FLORIDA INVITAT10N TO BID TITLE PLAYGROUND AND PARK EQUIPMENT, FURNISH, DELIVER AND /OR INSTALL FOR THE PARK AND RECREATION DEPARTMENT NERFOR TWO(2) ADDITIONAL YEARS YEARS WITH COUNTY ON A YEAR By YEAR BASIS. THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: AFFIDAVITS: BID DEPOSIT AND PERFORHANCE BOND: CATALOGUE AND LISTS: EQUIPMENT LIST INDEMNIFICATION /INSURANCE: PRE -BID CONFERENCE /WALK -THRU RACE - CONSCIOUSNESS MEASURE: SAMPLES /INFORMATION SHEETS: SITE VISIT /AFFIDAVIT: SOURCE OF SUPPLY: TRADE CERTIFICATION: WRITTEN WARRANTY: FAIR SUBCONTRACTING PRACTICES: LISTING OF SUBCONTRACTORS &.SUPPLIERS SURCHARGE FEE: See Appendix Sect-1 N/A N/A N/A N/A N/A N/A , N/A N/A N/A N/A N/A See Appendix Sect-1 N/A See Sect-2.0 Para. 2.21 FOR INFORMATION CONTACT: EDGAR INNISS, CPPB (305) 375 -4260 MIAMI -DADE COUNTY GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION MIAMI- DADE'COUNTY r INSTRUCTIONS FOR MAILING A BID IN RESPONSE TO A FORMAL BID SOLICITATION Each bid proposal submitted to the CLERK OF THE BOARD will have the following information clearly marked on the face of the envelope: > Bidder's Name and Return Address > Bid Number > Title of the Bid > Opening Date of Bid Failure to include this information may result in your bid not being considered. The bidder will submit each bid proposal, consisting of one original and three copies and any attachments in one envelope. Bid responses submitted at the same time for different bid solicitations 1 hscated. Failure shall contain the information previous lure. to p separate envelopes and each envelope y comply with this requirement may result in the bid from being considered. "BIDS ( PROPOSALS) WILL BE OPENED PROMPTLY AT THE TIME P DOpOSA E SPECIFIED. BIDS (PROPOSALS) RECEIVED AFTER THE FIRST BID HAS BEEN OPENED WILL NOT BE OPENED AND OPOSAL) TO THE CLERK OF THE RESPONSIBILITY FOR SUBMITTING A BID (P THE BOARD ON OR BEFORE THE STATED TIME AND DATE IS IS A D STRICTLY THE RESPONSIBILITY OF THE BIDDER. MIAM OR NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY CAUSED MAIL, PACK ETHER COURIER SERVICE, INCLUDING THE U.S. MAIL, OR OCCURRENCE." This bid shall be submitted to the following address: CLERK OF THE BOARD Stephen P. Clark Center i11 NW 1st Street, 17th Floor, Suite 202 Miami, Florida 33128 -1983 The County provides equal access and does not discriminate on the basis of disability in its programs or services. It is our policy to make any communication available to the public. It is also available to the people who are blind /visually impaired and deaf/hard of hearing. If you require information in an alternate format please call 305 - 375 - 5,278. SECTION 1 I i MIAMI -DADE COUP GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS "bid" shall refer to any offers) submitted in response to this bid solicitation. The term The term "County" shall refer to Miami -Dade County. °` er" shall refer to anyone submitting a bid in response to this bid solicitation. The term bidd The .term "contractor" or "successful bidder" shall refer to the bidder receiving an award as a result of this bid solicitation. the bidder's response to this bid The term "bid solicitation" shall mean thinbi solicitation, cewith Administrative Order 3 -2 and solicitation, as approved by-the County an purchase order or change order issued by the GSA Procurement Management Division. any The term "GSA" shall refer to Miami -Dade County's General Services Administration Department. 1.2 CONTENTS OF BID A. General Conditions -- -- 1 It is the sole responsibility of the bidder to become thrughfect mbar O with the bid requirements and all terms and conditions the performance of this bid solicitation. Pleas of ignorrancetb the a bidder for of conditions that exist, or that may exist worlthe compensation to be paid to varying the requirements of the County, the successful bidder. (2) The bidder is advised that this bid solicitation is subject to-�ll and legal all requirements contained in the County 's Administrative Order 3 other applicable County Ordinances and/or State and Federal Statutes. Where conflicts exist between this bid solicitation following s rder requirements, the higher authority shall prevail Federal, State and local. B. Additional Information/Addenda (1) Request for additional information, explanation, clarification or interpretation must be made in writing to GSA Procurement Management Division contact person identified on the cover page of this bid and file a copy with the Clerk of the Board, 111 NW Suite 202, Miami, Florida. The request shall be received no later than fourteen (14) working days prior to the bid opening date. Any request received after that time may not be reviewed his bid ewed for inclusion in II MIAMI -DADE COUNTY solicitation. The request shall contain the requester's name, address, and telephone number. If transmitted by facsimile, the request shall also include a cover sheet, with the sender's facsimile number. This bid solicitation is subject to the "Cone of Silence in accordance with County Ordinance No. 98 -106. "CONE OF SILENCE" PURSUANT TO ORDINANCE 98 -106, AS AMENDED, A "CONE OF SILENCE" IS IMPOSED UPON RFPs, RFQs OR BIDS AFTER ADVERTISEMENT AND TERMINATES AT THE TIME THE COUNTY MANAGER ISSUES A WRITTEN RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS. THE CONE OF SILENCE- PROHIBITS COMMUNICATION REGARDING RFPs, RFQs OR BIDS BETWEEN POTENTIAL VENDORS, SERVICE PROVIDERS, BIDDERS, LOBBYISTS OR CONSULTANTS AND THE COUNTY'S PROFESSIONAL STAFF INCLUDING, BUT NOT LIMITED TO, THE COUNTY MANAGER AND THE COUNTY MANAGER'S STAFF. A CONE OF SILENCE IS ALSO IMPOSED BETWEEN THE MAYOR, COUNTY COMMISSIONERS OR THEIR RESPECTIVE STAFFS AND ANY MEMBER OF THE COUNTY'S PROFESSIONAL STAFF INCLUDING, BUT NOT LIMITED TO, THE COUNTY MANAGER AND THE COUNTY MANAGER'S STAFF. THE PROVISIONS OF ORDINANCE 98 -106 DO NOT APPLY TO ORAL COMMUNICATIONS AT PRE-BID CONFERENCES, ORAL PRESENTATIONS BEFORE SELECTION COMMITTEES, CONTRACT NEGOTIATIONS DURING ANY DULY NOTICED PUBLIC MEETING OR COMMUNICATIONS IN WRITING AT ANY TIME UNLESS SPECIFICALLY PROHIBITED BY T41E APPLICABLE RFP, RFQ OR BID DOCUMENT. BIDDERS OR PROPOSERS MUST FILE A COPY OF ANY WRITTEN' COMMUNICATION WITH THE CLERK OF THE BOARD, WHICH SHALL BE MADE AVAILABLE TO ANY PERSON UPON REQUEST. THE COUNTY SHALL RESPOND IN WRITING AND FILE A COPY WITH THE CLERK OF THE BOARD, WHICH SHALL BE MADE AVAILABLE TO ANY PERSON UPON REQUEST. IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, VIOLATION OF ORDINANCE 98 -106 BY ANY BIDDER OR PROPOSER SHALL RENDER ANY RFP AWARD, RFQ AWARD OR BID AWARD VOIDABLE. ANY PERSON HAVING PERSONAL KNOWLEDGE OF A VIOLATION OF THIS ORDINANCE SHALL REPORT SUCH VIOLATION TO THE STATE ATTORNEY AND /OR MAY FILE A COMPLAINT WITH THE ETHICS COMMISSION. BIDDERS OR PROPOSERS SHOULD REFERENCE THE ACTUAL ORDINANCE FOR FURTHER CLARIFICATION. (2) GSA Procurement Management Division will issue a response to any inquiry, as it deems necessary, by written addenda, issued prior to the bid opening date. The bidder shall not rely on any representation, statement or explanation other than those made in this bid solicitation document or in any addenda issued. Where there appears to be a conflict between this bid solicitation, and any addenda issued, the last addendum issued will prevail. (3) It is the bidder's responsibility to ensure receipt of all addenda and substitute bid proposal forms. If applicable, the bidder is required to III MIAMI -DARE COUNT submit the substitute bid proposal forms and acknowledge the a number Of addenda received as part of this bid solicitation, y completing signing the attached Addenda Acknowledgment Form. C. Conflicts in this Bid Solicitation Where there appears to be a conflict between the Gene al T he bid Conditions, the Special Conditions, the Technical Specifications, proposal Section, or any addendum issued, the order of precedence shall be: the. last addendum issued, the bid proposal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. D. Prices Contained in this Bid Solicitation (1) Prompt Payment Terms a. The bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price for bid evaluation purposes. b. The bidder is required to provide prompt payment terms in the space a provided on the bid proposal signature page of this bid solicitation. If no prompt payment discount is being offered, the bidder shall enter zero (0) for the percentage discount to indicate no discount. If the bidder fails to enter a percentage, it is hereby understood and agreed that the payment terms will be 2% 20 days, effective after receipt of invoice or final acceptance, whichever is later. 1.3 PREPARATION AND SUBMISSION OF BID A. Pre paration/Subm'ssion (1) The bid proposal form shall be used when submitting a bid. Use of any other form shall result in the rejection of the bidder's Proposal. (2) The bid will either be ,typed or completed legibly in ink. The bidder's authorized agent will sign the bid proposal Form in ink, and all corrections made by the bidder will be initialed in ink by the authorized agent. The use of pencil or erasable ink or failure to comply with any of the foregoing may result in the rejection of the bid. (3) Where there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. (4) The County may consider additional bid proposal(s) from the same bidder for the same bid solicitation, provided that; (a) the additional bid(s) offer a different product and/or level of service that meets or exceeds this bid IV MIAMI -DADE COUNTY solicitation requirements; (b) the bidder completes a separate bid proposal Form for each bid and shall mark "Alternate bid(s)" on the first page. Failure to comply with the foregoing may result in the rejection of the additional bid(s). (5) The bidder is allowed to offer multiple product brand names for each item listed on the bid proposal; provided that (a) such offer is allowable in accordance with Section 2.9 of this bid solicitation and (b) the same price is offered for all brand names bid. If the County determines that all brand names are acceptable based on the quality standards, the County may, at its option, order either of the brands names made available through this bid solicitation. Conversely, the Vendor will deliver the brand name that has been ordered by the County. (6) Unless otherwise specified in the Special Terms and Conditions, the proposed delivery and/or completion time, if required, shall be stated in calendar days. (7) The bidder shall not bharge tax, as the County is exempt from all State, Excise; Federal and Local sales tax. Not withstanding, any tax on materials and/or supplies which are purchased by the bidder, in conjunction with this bid solicitation shall be subject to the Florida State Sales Tax, in accordance with Section 212.08 of Florida Statutes, amended 1970, and all amendments thereto, shall be borne solely by the bidder. When the materials and/or supplies are not manufactured by the bidder, taxes must be incorporated in the bid price, not as a separate item. When materials and/or supplies are manufactured by the bidder and are not for resale, the County is exempt. The County may be subject to applicable taxes on goods purchased for the purpose of resale. Upon request, the County will provide a tax exemption certificate, if applicable. Any special tax requirements will be specified either in the Special Conditions or in the Technical Specifications. (8) Any telegraphic or facsimile bid will not be considered. (9) The bidder shall incorporate in their bid price all costs related to this bid solicitation. (10) The apparent silence of the specifications and any addenda regarding any details or the omission from the specifications of a' detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and worlananship of first quality are to be used. All interpretations of the specifications shall be made upon the basis of this bid solicitation. B. Vendor Registration M1AMI -DADS COUNT q The County requires the bidder to complete a registration application including the required . disclosure . affidavits e red to be .recommended Management Division. The bidder must be registered for any contract award *. To register, or for assistance in registering, contact Vendor Assistance at 305- 375 -5287. Employ") may not enter into any *section 241.1(d) of the County Code provides that a person (County or business entity in which he contract or transact any business through a firm, corporation, partnership and any such contract, agreement or business has a controlling financial interest, direct or any member of his immediate family or indirect, with the County or any person or agency acting for the County render engagement entered in violation s sub iectciio hot lshall eat 305-579-2593 the voidable. For additional information please contac t the Ethics The following are the documents with the vendor registration application: (1) Cuba Affidavit 656 -93, Pursuant to County Resolution No. the bidder shall certify that organization, corporation, etc.) submitting this neither the firm (individual, of its owners, bid proposal or receiving ed or related firms, are in nor violation of the Cuba subsidiaries, or affiliated Democracy Act of 1992. (2) Disclosure of Employment Affidavit Pursuant to County Ordinance No. 90 -133, the bidder shall disclose the composition of the workforce, wages and benefits to be paid and existence of collective bargaining agreement. (3) Disclosure of Ownership Affidavit Pursuant to County Ordinance No. 88 -121, the bidder shall disclose the full legal name and business address of any individual (other than subcontractors, materialmen, suppliers, laborers, 'or lenders) who have, or will have any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with the County. al name and business business transaction is with a corporation, the full leg address shall be provided for each officer and director ctor oanriore h stockholder who holds directly or indirectly percent the corporation's stock. If the contract or business t for each i s with a trust, the full legal name and address shall be provided each beneficiary. Post Office addresses are not acceptable. (4) Drug -Free Affidavit VI MIAMI. -DARE COUNTY Pursuant to County Ordinance No. 92 -15, the bidder shall certify that it is providing a drug -free workplace and notices to each employee of the danger of drug abuse; the firm's policy of maintaining a drug -free environment; availability of drug counseling, rehabilitation and employee assistance programs; and penalties that may be imposed upon employees for drug abuse violations. The bidder shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug -free workplace policy, and notify the employer if any criminal conviction occurring no later than five (5) days after receiving notice of such conviction, and impose appropriate personnel action against the employee up to and including termination. (5) Family Leave Affidavit Pursuant to County Ordinance No. 142-91, the bidder shall certify that it entitles an employee who has worked for the firm for at least one (1) year, ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination or employment or employer retaliation. (6) W -9 and 8109 forms The bidder must furnish a W -9 and 8109 (Federal Tax Deposit Coupon) forms as required by the Internal Revenue Service in order to enter into this contract with the County. (7) Social Security Number The bidder must furnish a copy of the Social Security card if a social security number is being used in lieu of the Federal Identification Number (F.E.I.N.). C. Americans with Disabilities Act (A.D.A.) Affidavit It is the policy of the County to comply with all requirements of the Americans with Disabilities Act (A.D.A.). For A.D.A. complaints call 305 - 375 -3566. The bidder recommended for award shall be required to complete an A.D.A. affidavit in accordance with County Resolution No. 385 -95 prior to the award of this bid solicitation. Failure to complete the affidavit as required may result in the rescinding of the recommendation for award. (See Appendix - Section 1) D. Antitrust Laws VII MIAMI -DADS COUNT By acceptance of this contract, the successful bidder agrees to comply with all antitrust laws of the United States and the llegallylincre e order to protect the public from restraint of trade prices. Collection of Fees Taxes and Parkin Tickets Affidavit E' of the County Pursuant to the procedures contained Ordinance -8198, the bidder shall Code, and as amended by County Ong tickets certify that all delinquent and currently d delinquencieand and currently due have been paid. To verify or satisfy fees taxes and parking tickets, contact the Miami -Dade County Tax Collector's Division. at 305 -375 -5762. (See Appendix - Setion 1) F. Conflict of Interest -and Code of Ethics Of pursuant to County Ordinance No. 98 -73 amending Section 2-11 of (s) this the.. County Code, .every. lobbyist whom is found at be lobbyist or .lobbying in section shall be prohibited from registering accordance with the following schedule: First violation, for a period of 90 days from the date of determination of violation; Second violation, for a period of one (1) year from the date of determination of violation; Third violation, for a period of five (5) years from the date of determination of violation; The bidder shall be subject to the debarment provisions of Section le ddeohas of the County Code as if the bidder were a contractor where combination violated this section, either directly or used herein a "direct violation thereof, on three or more occasions. As the bidders an d an "indirect shall mean. a violation committed by violation" shall mean a violation committed by lationbof this representing violation" said bidder. If this contract. is entered into a shall also render the contract voidable. G. Criminal Conviction Disclosure "Any individual who has been Pursuant to County Ordinance No. 94 -34, convicted of a felony during the past ten (1 0) years and any corporation, partnership, joint venture or other legal enti co ty having_ an officer, r, dir, (10) or executive who has been convicted of a felony dung years shall disclose this information prior to entering into a contract with or receiving funding from the County• VIII MIAMI_DADE COUNTY H. Cuba Affidavit Pursuant to County Resolution Nos., 202 -96 and 206 -96 as implemented by Administrative Order 3 -12, which restricts purchases from a firm conducting business with Cuba, and restricts travel to Cuba by the successful bidder, respectively, the bidder shall be required to complete a Cuba affidavit prior to the award of this bid solicitation. Failure to complete the affidavit, may result in the rejection of the bidder's Proposal and /or rescinding of the recommendation for award. (See Appendix - Section 1) 1. Debarment Disclosure Affidavit Pursuant to County Ordinance No. 93 -129, the bidder will agree to comply with the provisions of this ordinance, which prevents the contractor, subcontractors, their officers, their principals, stockholders, and their affiliates who have been debarred by the County, from entering into this contract with the County during the period for which they have been debarred. It is the bidders responsibility to ascertain that none of the subcontractors, their - officers, principals, or affiliates, as defined in the ordinance, are debarred by the County pursuant to Ordinance No. 93 -129 and Administrative Order 3 -2 before submitting the bid proposal. The Disclosure Affidavit requires the bidder to affirm under oath, that neither the bidder, its subcontractors, or their officers, principals or affiliates,-are debarred by the County at the time of the bid proposal. If the bidder fails to complete the Disclosure Affidavit it shall not be awarded this contract. If this contract is entered into in violation of this ordinance, it is void, and any person who willfully fails to disclose the required information or who knowingly discloses false information can be punished by civil or criminal penalties, or both, as provided for in the law. (See Appendix - Section 1) J. Independent Private Sector Inspector General (1) Pursuant to A.O. 3 -20, the County has the right to retain the services of an independent private sector inspector general (IPSIG). Upon written notice from the County, the Vendor shall make available to the IPSIG retained by the County all requested records and documents for inspection and copying. The terms of this provision apply to the bidder, its offices, agents and employees. Nothing contained in this provision shall impair any independent' right of the County to audit or investigate the operations, activities and performance of the Vendor in connection with this contract. The terms of this provision are neither intended, nor shall they be construed, to impose any liability on the County by the Vendor or third parties. "k -MIAMI -DADS COUNT (2) pursuant to Ordinance 97 -215 Miami-Dade County has established the . Office of Inspector General which is required to perform to ion mandatory h random audits on all County contracts throughout contract. The cost of the audit for this contract ontrshall Vend4o //Consultant) total contract amount which cost the m agrees is included in the total contract amount. The audie is at to ill he agr from progress Payments deducted by the County (ContractorNendor /Consultant). The audit cost shall also be renewal and encludionsn all change orders to this contract and all contract Accordingly, the audit cost will be deducted from progress payments to the (Contractor /Vendor /Consultant) pursuant to all change orders, contract renewals and extensions. Miami-Dade County .Inspector General is authorized and empowered Health Trust The M osed County and Public H to review past, present and prop programs. In programs, contracts transactions, account Orecords er �o subpoena witnesses, addition, the Inspector General has the p ting administer oaths, require the production ofrecord ant oo itor exismay projects and programs. Monitoring of an ex i g p within budget include a report concerning whether the project is on time, g and in conformance with plans, specifications and applicable law. The inspector general is empowered to analyze the necessity e Inspector p e orders to the contract. — reasonableness of proposed Chang tor General is empowered to retain the services of independent pnns tecand inspectors general to audit, investigate, monitor, oversee, ins `pe process review operations, ..acti ities, performance and p v including_ but not limited to project design,. bid specificatiorrie submittals, activities of (bid/proposal) agents and employees, (ContractorNendor /Consultant), its officers, lobbyists, County staff and elected officials to' ensure compliance with contract specifications and to detect fraud and corruption. Upon 14 days prior written notice to (Contractor/Vendorr/Con Gen ralfr he the Inspector General or IPSIG retained by the inspector (Contractor/Vendor /Consultant) shall make or I requested sled records and for documents available to the Inspector General copying. The Inspector General and IPSIG shall har cords the right .t inspect ts and and copy all documen ossession, custody or control (Contractor's /Vendor's /Consultant's) p pertain to which, in the Inspector General's or IPSIG's sole judgement, p but not limited to original, estimate In performance of the contract, including, osals and agreements files, change order estimate files, worksheets, prop from and with successful and subcontractors an Sfinancial all project- related correspondence, mem and contract documents, construction documents, (bid/proposal) documents, back - charge documents, all documents and records which X 3' MIAMI -DADS COUNTY involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personal records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the (ContractorfVendor /Consultant), its officers, agents, employees, _. subcontractors and suppliers. The (ContractorNendor /Consultant) shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the (ContractorNendor /Consultant) in connection with the performance of the contract. Nothing in this contract shall impair any independent right to the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the (ContractorNendor /Consultant) or third parties. K. Minority and Disadvantaged Business Entemrises The County endeavors to obtain the participation of all minority and disadvantaged business enterprises. For information and to apply for certification, contact the Department of Business Development, 175" NW 1st Avenue, 28h Floor, Miami, FL 33123 -1844, Phone: 305- 349 -5960. L. Public Entity Crimes Sworn Statement Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, "Any person or affiliate who has been 'placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a bid solicitation to provide goods and/or services to a public entity, may not submit a bid on a bid solicitation with a public entity for construction or repair of a public building or public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a contractor or, supplier, or subcontractor or consultant under a bid solicitation with any public entity,i and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00) for a period of thirty -six (36) months from the date of being placed on the convicted vendor list." M. Project Fresh Start- Welfare -to -Work Initiative "In accordance with Resolution R- 702 -98, all bidders who employ twenty- five (25) or more employees on County contracts for purchase of goods and services resulting in actual payment of $500,000 or more, and all bidders who employ twenty -five (25) or more employees on County or Public Health Trust construction contracts resulting in actual payment of $500,000 or more, shall contribute to Project Fresh Start, the County's welfare -to -work initiative, based on the following scale: • MIAMI-DARE COUNT that results in actual I If the entity has a contract W $5 0,000 to $1,000,000,. then that payment of an amount between entity shall contribute $5,000 to Project. Fresh Start; II If the entity has a contract with the County that results in actual payment of an amount between $1,000,001 to $5,000,000, then that entity shall contribute $10,000 to Project Fresh Start; III If the entity has a contract with the County that results in actual $S,000,OOr Fresh to Star ,800,000, then that payment of an amount between entity shall contribute $20,000 to Project F the County that results in actual IV If the entity has a contract he hatt entity shall contribute $25,000 to payment over $1.0,000,001,. Project Fresh Start. Resolution R- 702 -98 applies to all such contracts whetherria e competitively Resolu Applicable contracts that bid by the County.. or not. App authorization by the Board of County Commissioners to waive formal ontribute t Project bidding procedures must also c overnme Start. Resolution R- 702 -98 does not apply to contracts with g entities, contracts with not -for profit organizations, professional service agreements or grant awards. may request a waiver of the requirements of Resol the bidder's entity Y 98 if the bidder can . demonstrate als residing l. incMiami /Dade County and work force consists of individuals who have lost or who will lose cash� assistance ab anTe is (formerly Aid to Families with Dependent Childre Reconciliation Act of 1997." Responsibility and Work Opportunity (See Appendix - Section 1) 1.4 MODIFICATION OR WITHDRAWAL OF A BID A. Modification of a Bid Any modification by the bidder to a bid shall be submitted to temng TRK OF THE BOARD prior to. the time and date set for P bidder shall submit the new bid proposal Formb and der stating that the new letterhead, signed by an authorized agent.. of the submittal supersedes the previously submittedre required or The sealed the envelope shall contain the same information a q on inal bid. In addition, the envelope shall contain a statement that this g bid replaces the ..previously submitted bid. No modifications of a bid shall be accepted after the bid has been opened. B. Withdrawal of a Bid XII MIAMI -DADS COUNTY A bid shall be irrevocable unless the bid is withdrawn as provided herein. A bid may be withdrawn only by written letter received' by the CLERK OF THE BOARD p rior to the bid opening date. A bid may also be withdrawn ninety (90) days after the bid was opened and prior to award, by submitting a letter to the contact person identified on the front over d this bid solicitation. The withdrawal letter must be on company and signed by an authorized agent of the bidder. 1.5 EVALUATION OF A BID A. Reiection of Bid O1 The County may reject any bidder's Proposal and award to the next lowest responsive /responsible bidder or may reject and re- advertise for all or any part of this bid solicitation, whenever it is deemed in the best interest of the County.. The County shall be the ;sole judge of what is in its "best interest." O 2 The County may reject any bid if. (a) prices are not fair and reasonable, as determined by the .County, and/or exceed the County's estimated budget for this bid solicitation; (b) the bidder take exceptions to or modifies the terms and conditions of this bid solicitation; (c) the bidder failed to ifor claims on previous contracts with the County or past -due payments County services or claims for damage to County property . The County shall be the sole judge of what is "fair and reasonable." B. Bidder's Past Performance Pursuant to County Ordinance No. 98 -42, the bidldler's performance a prime contractor or- subcontractor on previous County taken into account in evaluating the bid proposal received for this bid solicitation. C. Elimination from Consideration This bid solicitation shall not be awarded to any person or firm which is in arrears to the County upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the County. D. Waiver of Informalities The County reserves the right to waive any informalities or irregularities in this bid solicitation. E. Demonstration of Competency Oil ' MIAMI -DARE COLN",, " (1) A bid will only be considered from a firm which is regularly engaged in the business of providing the goods and/or services required by this bid solicitation. The bidder must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide the goods and/or services if awarded this bid solicitation. (2) The County may conduct a pre -award inspection of the bidder's site or hold a pre -award qualification hearing to determine if the bidder possesses the requirement. as outlined in the above paragraph, and is capable of performing the requirement of this bid solicitation. The County may consider any evidence available regarding the financial, technical and other qualifications and abilities of the bidder, including past performance (experience) with the County or any other governmental entity in making the award. (3) The County may require the bidder to show evidence that they have been designated as an authorized representative of a manufacturer, supplier and/or distributor, if required by this bid solicitation. (4) The County reserves the right to audit all records pertaining to and resulting from any award from this bid solicitation, financial or otherwise. (5) In the event that the bidder will sub- contract all or part of its work to another vendor, or will obtain the goods required in conjunction with this contract with another source of supply, the bidder may be required to verify the competency of its subcontractor or supplier. The County reserves the right, before awarding this contract to require the bidder to submit such evidence of its subcontractor as it may deem necessary. F. Copy of Bid Tabulation The bidder who desires to rpceive a copy of the bid tabulation shall enclose a self-addressed/stamped envelope (correct size of envelope and postage is a must depending on the amount of information involved) when submitting its bid proposal. Bid results will not be given out by telephone or facsimile. 1.6 AWARD OF BID SOLICITATION A. Contract This bid solicitation, any addenda and/or properly executed modifications, the purchase order (if issued), and a change order (if applicable), constitute the entire contract. B. Tie Bid XIV E MIAMI -DARE COUNTY Any tie bid will be decided by the Director of Procurement or designee, and according to County Resolution 1574 -88. C. Additional information The award of this bid solicitation may be. preconditioned on the subsequent submission of other documents, as specified in the Special Conditions or Technical Specifications. The successful bidder shall be in default of its contractual obligation if such documents County. dt in a timely manner and in the form required by t successful bidder is in default of the contractual requirements, the County, through action taken by GSA Procurement Management Division, may rescind the award. D. Term of Contract The term of this bid solicitation shall be specified on one of three documents, issued to the successful bidder. These documents may either be this bid solicitation., a purchase order or an award sheet. E. Contract Extension The County reserves the right to automatically extend this contract for up to ninety (90) calendar days beyond the stated contract term. The County shall notify the successful bidder in writing of such extensions. Additional extensions over the first ninety (90) day extension may occur, if, the County and the successful bidder are in mutual agreement of such extensions. P. Warranty Any implied warranty granted under the Uniform Commercial Code shall apply to all goods purchased under this bid solicitation. G. Estimated Quantities Estimated quantities. or estimated dollars, if provided, are for bidder's guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The County is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the County's actual needs and/or usage during a previous contract period. Said estimates may be used by the County for purposes of determining the low bidder meeting specifications. H. Non- Exclusive Contract XV MIAMI -DADE COiJN"_ Although the purpose of this bid solicitation is to secure a contract that can satisfy the total needs of the County or of a specific County agency, it is hereby agreed and understood that this bid solicitation does not constitute the exclusive rights of the successful bidder to receive all orders that may be generated by the County in conjunction with this bid solicitation. In addition, any and all commodities, equipment, and service required by the County in conjunction with construction projects are solicited under a distinctly different bid process and shall not be purchased under the terms, conditions and awards rendered under this bid solicitation, unless such purchases are determined to be in the best interest of the County. Local Preference The award of this bid solicitation is subject to County Ordinances Nos. 96- 26, 94 -166 and 94 -196, and Resolution No. R- 50 -96; which, except where Federal or State law mandates to the contrary, allow preference to be given to a local business in the amount of one and one -half percent (1.5 %) for Miami -Dade County and one percent (1 %) for Broward County of the bid proposal price. For the purposes of the applicability of this Ordinance, "local business" means the bidder has its headquarters located in Miami - Dade or Broward Counties or has a place of business located in Miami - Dade or Broward Counties at which it will produce, distribute and/or perform a substantial portion of the goods and/or services to be purchased. J. Limited Contract Extension Any specific work assignment which commences prior to the termination date of the contract and which will extend beyond the termination date including any previous contract extension(s) shall, unless terminated by mutual written agreement by both parties, continue until completion at the same prices, terms and conditions as set forth in- this bid solicitation. 1.7 .RIGHT OF APPEAL Any bidder may protest any recommendation for contract award or rejection of all bids, in accordance with the procedures contained in Sections 2 -8.3 and 2 -8.4 of the County Code, as amended by, County Ordinances Nos. 95 -201 and 95 -126, and as established in Administrative Order 3 -21. A. Bid Award Recommendation Over-$500,000.00 This bid award recommendation will be in writing, signed by the Director of GSA Procurement Management Division or designee and filed with the Clerk of the Board. The bidder shall have ten (10) business days after the filing of an award recommendation to file a written protest with the Clerk of the Board. As a condition of initiating a protest of award recommendation, the bidder shall post at the time of filing a Surety Bond ( cashier's check or money order) in the amount of $500.00 payable to the XVI MIAMI -DARE COUNTY Board of County Commissioners. Failure to file the proper Bond at the time of filing the protest, will result in denial of the protest. If, the the County's Hearing Examiner's ruling is in favor and the County recommendation, the bidder's Bond maybe forfeited may seek all costs, attorney's and administrative fees. B. Bid Award Recommendation Over 100 000.ou ano up to -)v- This bid award recommendation will be posted y the lobo the dderto .mtonitor P. Clark Building. It shall be the responsibility of the such Bulletin Board after the bid opening to ascertain that a recommendation for award has been made. Bid award recommendations are posted by 9:00 A.M., every Monday. In addition, th 4 bidder can 5101 the bid Award Recommendation Line at 305 -375 4724, or contact the person identified on the cover page of this bid solicitation. The bidder shall have ;five (5) business days after the posting of an award recommendation to file a written protest with the General Services Administration Procurement Mana ement Division. The bidder shall post at the time of filing, a Surety Bond cashier's cheek or money order ) in the amount of 5$ 00.0_0 payable to the Board of County Commissioners. Failure to submit-fhe proper Bond at the time of filing the protest, will result in I denial of the protest. If, the County Manager, or designee, upholds the recommendation of the contracting department, the bidder's Bond may be forfeited and the County may seek all costs, attorney's and administrative fees. 1.8 CONTRACTUAL OBLIGATIONS A. Rules Regulations Licensing Requirements The successful bidder shall comply with all laws and regulations applicable to the goods and/or services contained in this bid solicitation. The bidder is presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may -in any way affect the goods and/or services offered. B. Coun Contractors Em to ent and Procurement Practices Affidavit In accordance with the requirements of Ordinance 98 -30, all firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of 'their _ proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement W1 . MIAMI -DARE COUNT and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women - owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so. in their bid proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. (See Appendix - Section 1) C. Conditions of Material and Packagini (1) Unless otherwise specified in the Special Conditions or Technical Specifications, all containers shall be suitable for shipment and/or storage and comply with the County's Recycled Packaging Resolution No. 738- 92. (See Appendix - Section 1) (2) All goods furnished shall be fully guaranteed by the successful bidder against factory defects and workmanship. The successful bidder at no expense to the County shall correct any defects, which may occur within the period of the manufacturer's standard, and/or any implied warranty. The standard manufacturer's warranty may be superseded by the Special Conditions. D. Subcontracting (1) Unless otherwise specified in this bid solicitation, the successful bidder shall not subcontract any portion of the work without the prior written consent of the County. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the County may result in termination of this bid solicitation for default. (2) Quarterly reporting when a subcontractor is utilized; The successful bidder is advised that when a subcontractor is utilized to fulfill the terms and conditions of this bid solicitation, County Resolution No. 1634 -93 will apply to this bid solicitation. This resolution requires the successful bidder to file quarterly reports as to the amount of contract monies received from the County and the amount that have been paid by the successful bidder XVIII MIAMI -DADE COUNTY directly to certified Black, Hispanic and Women -Owned businesses, performing part of this bid solicitation work. Additionally, the listed businesses are required to sign reports, verifying their participation in this bid solicitation work and their receipt of such monies. The requirements of this resolution shall be in addition to any other reporting requirements by Federal, State or local laws, ordinances or administrative orders. (3) Where subcontracting is permitted, the successful bidder shall obtain written consent of the County prior to utilizing the subcontractor. All actions of any subcontractor are the sole responsibility of the successful bidder. Note: This requirement is separate and independent from any requirements that may be contained in the Special Conditions, Paragraph 2.2. (4) In accordance with Ordinance No. 97 -104, all bidders and respondents on County contracts for purchase of supplies, materials or services, including professional services, which involve the expenditure of $100,000 or more and all bidders or� respondents on County or Public Health Trust construction contracts which involve the expenditure of $100,000 or more shall include, as part of their bid or proposal submission, a listing which identifies all first tier subcontractors who will perform any part of the contract work and describes the portion of the work such subcontractor will 'perform, and all suppliers who will supply materials for the contract work direct to the bidder or respondent and describes the materials to be supplied. Failure to include such listing with the bid or proposal shall render the bid or proposal non - responsive. Ordinance No. 97 -104, applies to all contracts whether competitively by ; the County or not. Those contracts that have received authorization; by the Board of County Commissioners to waive formal bidding procedure must also provide a listing of all first tier subcontractors and direct suppliers. `Subcontractor /Supplier Listing, SUB Form 100' may be utilized to provide the information required by this paragraph. A bidder or respondent who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified in the listing submitted with the bid or proposal except upon written approval of the County. (See Appendix Section 1) NOTE: ORDINANCE NO. 97 -104 REQUIRES A BID OR PROPOSAL FOR A COUNTY OR PUBLIC HEALTH TRUST CONTRACT INVOLVING THE EXPENDITURE OF $100,000 OR MORE INCLUDE A LISTING OF SUBCONTRACTORS AND SUPPLIERS WHO WILL BE USED ON THE CONTRACT, AND PROVIDES FAILURE TO INCLUDE THE "o r- • MIAMI -DADE COUNN REQUIRED LISTING SHALL RENDER THE BID OR PROPOSAL NON - RESPONSIVE. THE REQUIRED LISTING MUST BE SUBMITTED AND SIGNED EVEN THOUGH THE BIDDER OR PROPOSER ` WILL NOT UTILIZE SUBCONTRACTORS OR SUPPLIERS ON THE CONTRACT. IN THE LATTER CASE, THE LISTING MUST EXPRESSLY STATE NO SUBCONTRACTORS, OR SUPPLIERS, AS THE CASE MAY BE, WILL BE USED ON THE CONTRACT. TIMELY ` SUBMISSION OF A PROPERLY COMPLETED AND SIGNED "SUBCONTRACTOR/SUPPLIER LISTING, SUB FORM 100" (A COPY OF WHICH IS INCLUDED IN THE BID PACKAGE) CONSTITUTE COMPLIANCE WITH THE LISTING REQUIREMENTS OF THE ORDINANCE. IN ORDER TO BE DEEMED PROPERLY COMPLETED, THE WORD "NONE" MUST BE ENTERED UNDER THE APPROPRIATE HEADING OF SUB FORM 100 IF NO SUBCONTRACTORS OR - SUPPLIERS WILL BE USED ON THE CONTRACT. (5) In accordance with County Ordinance No. 97 -35 (Fair Subcontracting Policies), "all successful bidders /respondents on County contracts in which subcontractors may be used, shall be subject to and comply with Ordinance 97 -35 as amended, requiring bidders/respondents to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) . invites local subcontractors to submit bids in a practical, expedient way; C) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid; d) allows local subcontractors to meet with appropriate personnel of the bidder to discuss the bidder's requirements; and XX MIAMI -DARE COUN'T'Y e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the bidder's stated objectives. All bidders /respondents seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures. Bidders/Respondents who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners." (See Appendix - Section. 1) E. Assignment The successful bidder shall not assign, transfer, or otherwise dispose of this contract, including any rights, title or interest therein, or their power to execute such contract to any person, company, or corporation without the prior written consent of the County. F. Delivery Unless otherwise specified in this bid solicitation, prices quoted shall be F.O.B. Destination with freight included in the proposed price. G. Employee is the Responsibility of the Successful Bidder The employee of the successful bidder shall be considered to be, at all times, employee of the successful bidder under its sole direction and not an employee or agent of the County. The successful bidder shall supply a competent and physically capable employee. The County may require the successful bidder to remove an employee it deems unacceptable. Each employee shall wear proper identification. H. Indemnification of County by the Successful Bidder The successful bidder shall indemnify and hold haft less the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the successful bidder or its employees, agents, servants, partners, principals or subcontractors. The successful bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The successful bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise 9 .4� MIAMI -DARE COUNT' provided by the successful bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. I, Protection of Property All existing structures, utilities, services, roads, trees; shrubbery, etc. shall be protected against damage or interrupted services at all times by the successful bidder during the term of this contract. The successful bidder shall be held responsible for repairing or replacing property, to the satisfaction of the County, which is damaged by reason of the successful bidder's operation on County property. 1.9 MODIFICATION OF THE CONTRACT The contract may be modified by unilateral action of the County or by mutual consent, in writing, and through the issuance of a modification to the contract, purchase order, change order or award sheet, as appropriate. 1.10 TERMINATION OF CONTRACT A. Termination for Convenience The County, at its sole discretion, may terminate this contract without cause by providing the successful bidder with thirty (30) day advance notice. Upon the receipt of such notice, the successful bidder shall not incur any additional costs under this contract. The County shall be liable only for reasonable costs incurred by the successful bidder, as determined by the ,County, regardless of the method of payment required by this contract. The County shall be the sole judge of "reasonable costs." B. Termination for Default The County may terminate this contract upon the failure of the successful bidder to comply with any provision and/or requirements of this contract. The County's decision not to take action upon failure of the successful bidder to perform shall not be construed as a waiver of the ability of the County to take additional action at a later date and time. The County shall also have the ability to place the successful bidder on probation and/or terminate any portion of this contract. The date of termination shall be stated in a written notice to the successful bidder. In the event the successful bidder is terminated for default, the County reserves the right to re- procure the goods and/or services from the next lowest responsive responsible bidder or re- solicit the goods and/or services. The County may further charge the successful bidder any differences in cost between the successful bidder's price and the re- awarded price and/or any costs associated with re- awarding or re- soliciting this contract. The County may also debar or suspend the successful bidder from conducting business with XXII MIAMI -DA.DE COUNTY the County, and/or eliminate the defaulted contractor from consideration in future bid 'solicitation, in accordance with appropriate County ordinances, resolutions and/or administrative orders. C. Ordinance 93 -137 Any individual or corporation or other entity that attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement, the county shall, whenever practicable, terminate the contract. The county as a further sanction, may terminate or cancel any other contracts with such individual or other entity. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Notwithstanding, any individual or entity who attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement may be disbarred from county contracting for up to five (5) years. 1.11 ORDINANCES, RESOLUTIONS AND/OR ADMINISTRATIVE ORDERS To request a copy of any ordinance, resolution and/or administrative order cited in this bid solicitation, the bidder must contact the Clerk of the Board at 305- 375 -5126. MIAMI DADE COUNTY - BID NO. 4907 -2/0? TR -SW SECTION 2.0 SPECIAL CONDITIONS PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR A COUNTY DEPARTMENT The purpose of this Invitation to Bid is to establish a contract for the purchase of Playground and Park Equipment in conjunction with the needs of Dade County's Park and Recreation "on'an as needed when needed basis. 2.2 Intentionally Omitted 2.3 Intentionally Omitted 2.4 TERM OF CONTRACT: FIXED PERIOD (Twenty Four Months) This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's GSA Procurement Management Division; and contingent upon the completion.. and submittal of all required bid documents. The contract shall remain in effect for twenty four (24) months and upon completion of the expressed and /or implied warranty periods. 2.5 OPTION TO RENEW TWO (2) YEARS (Maintain Same Discounts) Dade County shall have the option to renew this contract for an additional two (2) years on a year-to -year basis provided the bidder will maintain the same discount(s) from manufacturer's published price list(s). Continuation of the contract beyond the initial period is a County prerogative not a right of the bidder. This prerogative may be exercised only when such continuation is clearly in the best interest of the County. In the event that the bidder declines the County's right to exercise the option period, the County will consider the sucessful bidder in defaultand affect it's eligibility for future contracts. NOTE: - SHOULD THE COUNTY EXERCISE THE OPTION TO RENEW, IT SHALL BE ONLY FOR THOSE ITEMS ORIGINALLY AWARDED. 2.6 METHOD OF AWARD: LOWEST _PRICES BASED ON PERCENTAGE DISCOUNT OFFERED Award of this contract will be made to all responsive, responsible bidder(s) who offers the lowest prices when the percentage discount offered by the bidder is compared against prices listed in the manufacturer's and distributor's price lists for selected items exclusive of the options. Accordingly, the bidder must submit its manufacturer's and distributor's price lists with the bid proposal in order to be considered eligible for award. This requirement supersedes any other Special Condition in this Bid Solicitation which may allow the bidder to submit price lists during the bid evaluation Page 1 MIAMI DADE COUNTY 2.7 2.9 2.10 BID NO. 4907- 2 /03- OTR -SW period. These price lists must be common to, and accepted by, the industry in general. PRICES SHALL BE BASED ON DISCOUNTS FROM PUBLISHED PRICE LISTS Bids shall be submitted on the basis of a discount from. a manufacturer's and distributor's Published Price List(s). Such Published Price List(s) must be common to, and accepted by, the industry in general. The lists must be printed, properly identified, and dated as to issuance and effectiveness. Revised Published Price 11Libi bids are bo be5efirm as for a means peri period of price 365 adjustments. However, a calendar days after award and Revised Price Lists will not be accepted by the County until after that date. Revised Published Price Lists Will be accepted only in the event of an industry-wide price change, as evidenced by the issuance of revised price lists by the manufacturer. Revised prices will not become effective until revised list(s) are submitted to the County's Procurement Management Division under the bidder's cover letter = identifying the applicable contract agreement number and approved by the County through the issuance of a Memorandum of Understanding to the bidder. Intentionally Omitted Intentionally Omitted Intentionally Omitted 2.11 INDEMNIFICATION AND INSURANCE - (10) - SERVICE REQUIRING PRODUCTS Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or: nature arising out of , relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the .name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o Procurement Management Division, 111 N.W. 1 Street, Suite 2350, Miami, Florida 33128 -1989, Certificates) of Insurance which indicate that Page 2 MIAMI DADE COUNTY BID NO. 4907 -2/031 R -SW insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Public Liability - this policy shall be endorsed to include products & completed operations liability insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Dade County must be shown as an additional insured with respect to this - coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above - shall- be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company 0ldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida - Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the' State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written notice to the certificate holder. NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this Agreement. Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation To Bid, Bidder shall be verbally notified of such Page 3 MIAMI DADE COUNTY BID NO. 4907- 2 /03- OTR -SW 2.12 2.13 deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Bidder fails to submit the required insurance documents in the manner prescribed in this Invitation To Bid within twenty (20) calendar days after Board of County Commission approval, the Bidder shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future Proposal to the County in accordance with Section 1.0, para. 1.6 of the General Terms and Conditions. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section 2.5 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the County at a- minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in the Invitation To Bid; provided, however,. that this suspended period 'does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause and seek re- procurement charges from the Bidder in conjunction with Section 1.10, ofthe`General Terms and Conditi:ons. — Intentionally Omitted A. The 'successful bidder(s) shall submit an invoice(s) to the County using department(s) that requested the items through a purchase order. The invoices shall reference the appropriate purchase order number, the delivery address, and the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the County department when the items were delivered and accepted. The periodic invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. IOD OF PAYMENT 'NO. 2: LUMP SUM PAYMENT AFTER WORK IS COMPLETED B. Upon completion and acceptance of the work required in conjunction with this contract, the successful bidder(s) shall submit one lump sum invoice that reflects the total value of the project. This invoice shall be submitted to the County using department(s) that accessed the contract through a purchase order. The invoice shall reflect the appropriate purchase order number, the address of the work place, and all itemized 'material and labor costs; if applicable. Page 4 - MIAMI DADE COUNTY BID NO. 4907 - 2/03'. R -SW 2.14 SHIPPING TERMS: F.O.B. DESTINATION All bidders shall quote prices based on F.O.B. destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative at various locations within Metro Dade County. The term "F.O.B. Destination ", as used in this clause, means: A. Free of expense to the County on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot or other location to which shipment can be made) is located; and B. Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The County shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the County acting in its contractual ,capacity. If rail carrier is used, supplies shall be delivered to the specified unloading ,platform of the consignee. If motor carrier (including "piggy- back ") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the con-sagnee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight. Classification for "heavy or bulky freight ". When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. The Contractor shall: A. 1. Pack and mark the shipment to comply with contract specifications; or 2. In the absence of specifications, prepare the shipment in conformance with carrier requirements; B. Prepare and distribute commercial bills of lading; C. Deliver the shipment in good order and condition to the point of delivery specified in the contract; D. Be responsible for any loss of and /or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; E. Furnish a delivery schedule and designate the mode of delivering carrier; and Page 5 2.16 Intentionally Omitted 2.17 WARRANTY SHALL BE ONE YEAR FROM DATE OF ACCEPTANCE A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and /or service against faulty labor and /or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and /or equipment by the County. This warranty requirement shall remain in force for the full one (l) year period; regardless of whether the bidder is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the County, within five (5) calendar days after the County notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and /or fails to correct or replace the defective work or items withi -n the period specified, the County may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a County bidder and /or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within ten (10) calendar days of receipt of the notice. If the bidder fails to :satisfy the warranty within the period specified in the notice, the County may (a) place the bidder in default of its contract, and /or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. - 2.18 Intentionally Omitted 2.19 CONTACT PERSON For any additional information regarding the specifications and requirements of this contract, Contact: Edgar - Inniss at (305) 375 -4260. 2.20 STATE -WIDE USAGE Any Governmental, not- for - profit or quasi- governmental entity in the State of Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental, not - for - profit or quasi - governmental entity which uses a contract(s) resulting herefrom, will establish its own Paae 6 MIAMI DADE COUNTY - BID NO. 4907 -2/03f R -SW contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments, determine shipping terms and issue its own exemption certificates as required by the bidder. It is understood that unless specified in Section 2, paragraph 2.16, entitled "Shipping Terms ", all prices shall be quoted, "FOB De'stination." For entities other than those belonging to Miami -Dade County or those located outside of the geographical boundaries of Miami -Dade County, the successful vendor shall be entitled to ship goods on an "FOB Destination, Prepaid and Charged Back" basis. This allowance shall only be made when expressly authorized by a representative of the entity, prior to shipping the goods. It is also understood and agreed that Dade County is not a legally binding party to any contractual agreement made between any governmental unit and the bidder as a result of this bid. SURCHARGE FEE AND QUARTERLY SUMMARY REPORT Per Miami -Dade County Surcharge Fee Ordinance No. 98 -43, please be advised that this contract is subject to a user surcharge fee in the amount of 2% on all sales resulting from this contract or any contract resulting from this solicitation'and.the utilization of the County contract price and the terms and conditions identified herein. After receipt of payment from such purchases, all applicable surcharge fees shall become payable to: Board of County Commissioners. Vendors shall be required to furnish the attached Quarterly Surcharge Payment Report in a timely manner. Quarterly reports and all applicable payments must be submitted to GSA /Accounts Receivable, no later than 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. By submission of these sales summary ;reports and corresponding surcharge fees, the vendor is attesting to�their correctness. All such reports and fees shall be subject to audit by Miami -Dade County. Failure to submit the following Quarterly Surcharge Payment Report and make applicable payments in a timely manner, may result in termination or cancellation of contract with the non - conforming vendor and any and all remedies relating to the collection of such fees shall be enforceable. Additionally, ..*any reprocurement charges may be charged to the vendor in default. Willful failure or falsification of sales reports or failing to make timely payments of the surcharge fee shall constitute sufficient cause for terminating the contract for cause of the non - conforming vendor. Page 7 MIAMI DADE COUNTY BID NO. 4907- 2 /03- OTR -SW MIAMI -DADE COUNTY General Services Administration /Procurement Management Division 111 N.W. 1st Street Suite 2350 MIAMI, FLORIDA, 33128 (305) 375 -5289) Vendor Instructions for Completing Quarterly Surcharge Payment Report: 1) Complete section 1, 2, 3, 4, and sign form. 2) Total payment due this quarter and balance due from 3) Enter amount of total amount paid with this summary. 4) Make check payable to Board of County Commissioners. 5) Attach check to report formt and remit to: GSA /Accounts Receivable 111 NW lst Street Suite 2410 Miami, FL 33128 revious ouarters. NOTE: - Quarterly report must be submitted to GSA /Accounts Receivable, no later that 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. Start of Quarter lst Quarter - January 1 - March 31 2nd Quarter - April l - June 30 3rd Quarter - July I - September 30 4th Quarter - October 1 - December 31 Keport /L,necK (IT ApplicaDle) Uue April 15 July 15 - October 15 January 15 Page 8 _ 'MIAMI DADE COUNTY BID NO. 4907- 2 /03- .,R -SW MIAMI -DADE COUNTY General Services Administration /Accounts Receivable 111 NW 1st Street Suite 2410 Miami, Florida _ 33128 (305) 375 -4143 QUARTERLY SURCHARGE PAYMENT REPORT SECTION I - Vendor /Contract Information: Date Submitted Vendor Name FEIN # Addres C i ty State Contact Person Phone# FAX# E -Mail Contract# Tile Applicable Surcharge: 2X Zip Code SECTION 2 - Applicable Reporting Period: (Check One) Jan. 1 - March 31 July 1 — Sept. 30 April 1 - June 30 Oct. I - Dec. 31 SECTION 3 - Summary: 1) Total Sales this Quarter $ 2) Total Payment Received this Quarter $ 3) 2X of Sales owed to County for this Quarter $ 4) Payment to County for Past Quarter(s) $ 5) Balance Still Due for Payments Not Received $ DUE WITH SUMMARY (TOTAL LINES 3 AND 4) $ Page 9 MIAMI DADE COUNTY BID NO. 4907- 2 /03- OTR -SW Use Additional Sheets if Needed SECTION 4 - Sales From All Users of this Contract During Period: (1) Entity Name /Total Sales During period (2) Payment Received From Entity (3) Payment due to Dade County for this quarter (2% of Sales) (4) Payment to Dade County for Past Quarter(s) (5) Balance Still Due to County for Payment Not Received Amount Enclosed For This Quarter (3) Amount Enclosed for Previous Quarters (4) TOTAL ENCLOSED (line 3 and 4) By submission of this Quarterly Surcharge Payment Report and corresponding surcharge fees, I certify the correctness of the information. I understand that all reports and fees may be subject to an audit by Miami -Dade County or designee. Authorized Signature Title /Position Held Date Page 10 - QTR -SW MIAMI DADE COUNTY - BID NO. 4907 -2/0, IMPORTANT NOTICE TO VENDORS This bid contains contractual language which allows municipal and quasi - governmental entities to access the terms and conditions of the - contract. After award the following entities will receive copies of our contract Award Sheet. Please feel free to contact the Purchasing Agents listed below to promote the usage of the commodities or services that you were awarded. 1998 COUNTY -WIDE KEY CONTACT LIST TOWN OF BAY HARBOR ISLANDS ATTN: Joseph Fox Sup. Public Works 9665 Bay Harbor Terrace Bay Harbor Islands, FL 33154 (305) 866 -6241 CITY OF CORAL GABLES Att: Wayne Moody, Sr. 340 San Lorenzo Avenue Coral Gables, Florida (305) 460 -5102 CITY OF NORTH MIAMI BEACH Att: Lynn Gribble Purchasing Agent 17011 N.E. 19th Avenue North Miami Beach, Florida 33162 (305) 948 -2976 TOWN OF SURFSIDE Buyer Att: Jeffrey I. Naftal,Town Clerk 9293 Harding Avenue 33146 Surfside, Florida 33154 (305) 861 -4863 CITY OF HIALEAH Att: Manuel Rodriguez 501 Palm Avenue Room 304 Hialeah, Florida 33011 (305) 883 -5865 CITY OF HOMESTEAD Att: Purchasing Director 790 Homestead Blvd. Homestead, Florida 33030 -6299 (305) 247- 1.801, Ext. 188 CITY OF MIAMI BEACH Att: Michael Rath Procurement Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673 - 7490 THE CITY OF MIAMI Att: Judy S. 'Carter, Purchasing Department 444 S.W. 2nd Avenue, Miami, FL 33130 (305) 579 -6845 Director 6th Floor P.O. Box CITY OF NORTH MIAMI Att: Pam Thompson, Director Purchasing Department P.O. Box 610847 North Miami, Florida 33261 -0847 (305) 893 - 6511, Ext. 2135 C1TY OF BOYNTON BEACH Att: Lana Koester, Purchasing Agent P.O. Box 310 Boynton Beach, Florida 33425 -0310 (407) 738 -7415 - -_ VILLAGE OF KEY BISCAYNE Att: Tom Zannis, Finance Director 85 W. McIntry Street Key Biscayne, FL 33149 (305) 365 -8903 VILLAGE OF'VIRGINIA GARDENS Att: Paul Bithorn, Mayor 6498 N.W. 38th Terrace Virginia Gardens, FL 33166 (305) 871 - 6104 UNIVERSITY OF MIAMI Att: Susan Montes Director of University Purchasing 248184 Coral Gables, FL 33124 ( 305) 243 -3464 INDIAN CREEK VILLAGE Att: Melissa Garcia Purchasing Department 9080 Bay Drive Indian Creek, FL 33154 (305) 365- 4121 Page 11 MIAMI DADE COUNTY CITY OF AVENTURA Att: Glen Marcos 2999 NE 191st Street Aventura, FL 33187 .(305) 466 -8900 CITY OF NORTH BAY VILLAGE - POLICE DEPT. Att: F.B. Dunphy, Chief of Police 7903 East Drive North Bay Village, FL 33141 (305) 758 -2626 MIAMI DADE COMMUNITY COLLEGE Att: Linda Pagliaro Director of Purchasing 11011 S.W. 104th Street Miami, FL 33176 (305) 237 -2400 CITY OF OPA -LOCKA Att: Rona M. Sandler Purchasing Director 12950 Lejune Rd Opa- Locka, FL 33054 (305) 953 -2825 CITY OF 'OAKLAND PARK Att Larry Fagen, Purchasing Agent 3650 N.E. 12th Avenue Oakland Park, FL 33334 (305) 561 -6105 BAL HARBOUR VILLAGE Att Purchasing Agent 655' 96th 'Street Bal Harbour, Florida 33154 (305) 866 =4633 BROWARD',COMMUNITY COLLEGE Att: Janet Rickenbacker Purchasing Director 225 E. Las Olas_Blvd. Ft. Lauderdale, FL 33301 (954) 761 -7455 BROWARD'COUNTY Att: Glenn R. Cummings Purchasing Director 115 So. Andrews Ave. Room 212 Ft. Lauderdale, FL 33301 (954) 357 -6070 RIO NO. 4907- 2 /03- OTR -SW CITY OF HALLANDALE Att: E. Dent McGough, Director Central Services Department 400 S. Federal Highway Hallandale, Florida 33009 (954) 457 -1331 MIAMI SHORES VILLAGE Att: John Rumble /Scott Davis Purchasing Department 1701 N.W. 103 Street Miami Shores, FL 33147 (305) 795 -2210 CITY OF DEERFIELD BEACH Att: Donna M. Council Purchasing Agent 210;Goolsby Blvd. Deerfield, Florida 33442 (954) 480 -4380 DADE COUNTY PUBLIC SCHOOLS Att Joe Gomez, Director Division of 'Procurement Management - 1450 N.E. 2nd Avenue Miami, Florida 33432 (305) 995 -1364 -- CITY OF MIAMI SPRINGS Att: John M. Benson Purchasing Director 201 Westward Drive Miami Springs, FL 33166 (941) 339 -6260 CITY OF HOLLYWOOD Att: John L. Weyrauch P.O. Box 2290.45 Hollywood, Florida 33022 -9045 (954) 921 -3210 CITY OF MARGATE Att: Patricia Greenstein Purchasing Agent 5790 Margate Blvd. Margate, FL 33063 (954) 972 -6454 CITY OF SOUTH MIAMI Att Kathy Vazquez Purchasing Director 6130 Sunset Drive South Miami, FL 33143 (305) 663 -6339 - Page 12 �: _ MIAMI DADE COUNTY - BID NO. 4907 -2/03, .fR -SW DEPARTMENT Of OFF STREET PARKING JACKSON MEMORIAL HOSPITAL Purchasing Office Purchasing Office Att: Carlos Vilches Att: Tom Przybyski, Director 190 N.E. 3 Street 1611 N.W. 12th Ave. Miami, FL 33132 Miami, FL 33136 (305) 373 -6789 (305) 585 -2289 SOUTH FL. WATER MANAGEMENT DISTRICT CITY OF WEST PALM BEACH Att: Scott Fulmore, Director Att: Purchasing Manager Procurement & Contract Admin. 1045 Charlotte Ave. 3301 Gun Club Road West Palm Beach, FL 33401 West Palm Beach, FL 33406 (407) 659 -8036 (407) 686 -8800 STATE OF FLORIDA DADE COUNTY CITY OF PEMBROKE PINES DEPARTMENT OF HEALTH Att: David E. Fitzgerald, Att: Donald E. Young Buyer Purchasing Agent I _ P.O. Box 9000 1350 N.W. 14th Street, Pembroke Pines, FL 33084 Bldg. 1, Room 202 (954) 435 -6717 Miami FL 33125 (305) 324 -2416 BROWARD COUNTY SHERIFF °S OFFICE TRI- COUNTY 'RAIL AUTHORITY Att: Leslie A. Dell Att: Jane Davis -Ember 2601 W. Broward Boulevard Purchasing Department Fort Lauderdale, FL 33312 305 South Andrews Avenue (954) 831- 8170 Fort Lauderdale, FL. 33301 - — (954) 728 -8512 CITY OF FLORIDA CITY TOWN OF DAVIE Att: Sonia Young Hernandez Att: Herb Hyman, Procurement Manager 404 W. Palm 'Drive 6591 Orange Drive Florida City, FL 33034 Davie, FL 33314 (305) 247 -8221, Ext. 124 (954) 797 -1016 TOWN OF GOLDEN BEACH CITY OF SUNRISE Interim, Town Manager Att: Marsha Peterson 1 Golden Beach Drive 10770 W. Oakland Park Blvd. Golden Beach, FL 33160 Sunrise, FL 33351 (305) 932- 0744, Ext. 21 (954) 572 -2274 DORIS ISON SOUTH DADE COMMUNITY CITY OF RIVIERA BEACH HEALTH CENTER` Att: Veronique Rellford Att: Ivory L. Williams, Pro. Spec. Purchasing Director 10300 S.W. 216th Street 2391 Ave. "L° Miami, FL 33190 Riviera Beach, FL 33404 (305) 253 -5100 (407) 845 -4180 Page 13 MIAMI DADE COUNTY CITY OF WEST MIAMI Att: Yolanda Aguilar, City Manager 901 S.W. 62nd Avenue West Miami, FL 33144 (305) 266 -1122 CITY OF BOCA RATON Att: Carol Thomas, Purchasing, Manager 201 W Palmetto Park Rd Boca Raton, FL 33432 (407) 393 - 7876 CITY OF MIAMI SPRINGS Att: John M. Benson 201 Westward Drive Miami Springs, FL 33166 (954) 885 -4581 BROWARD COMMUNITY COLLEGE Att: Janet Richkenbacker Purchasing Director 225 E. Las Olas Blvd. Ft. Lauderdale, FL 33301 (954) 761 -7455 BID NO. 4907- 2 /03- OTR -SW PALM BEACH COUNTY SHERIFF'S OFFICE Att: Lisette Alfonso Purchasing Manager 415 Gator Dr Lantana, F1 33462 (407) 533 -1225 CITY OF POMPANO BEACH Att: Ernie Siegrist, General Servs. Director P.O. Drawer 1300 Pompano Beach, FL 33061 (954) 786 -4098 CITY OF SUNNY ISLES BEACH ATTN: JACK NEUSTADT 17070 COLLINS AVE., SUITE 250 SUNNY ISLES BEACH, FL 33160 ( 305) 947 -0,606 1998 STATE -WIDE KEY CONTACT LIST CITY OF FORT WALTON BEACH Att: Byron Armstrong Purchasing Director P.O. Box 4009 Fort Walton Beach, FL 3254 ( 904) 244 -2045 CITRUS COUNTY SCHOOL BOARD Att: William Humbaugh Director of Management Operations 1007 West', Main Street Inverness, FL 34450 (352) 726 -1931 CHARLOTTE COUNTY BD. OF COUNTY Att: Kimberly Churchwell Purchasing Director 18500 Murdock Circle Port Charlotte, FL 33948- 1094 (941) 743-1372 CITY OF FORT PIERCE -- Att: Tony Barnes Purchasing Director P.O. Box 1480 Fort Pierce, FL 34954 -1480 (407) 460 -2200 CITY OF GREEN ACRES CITY Att: David Miles Purchasing Director 5958 Tenth Avenue Nor Green Acres City, FL 33463 (561) 642 -2013 CITY OF LEESBURG Att: John Spence Purchasing Director P.O. Box 490630 Leesburg, FL 34749 -0 (904) -728 -9880 Page 14 tadt #250 MIAMI DADE COUNTY BID NO. 4907- 2 /OS,,fR -SW CITY OF BRADENTON CITY OF JACKSONVILLE Att: ED.J. Hargaden Att: Jacquie Gibbs Chief Procurement & Supply Purchasing Director 1300 6th Street West 220 East Bay Street 3 Bradenton, FL 34205 Jacksonville, FL 322 (941) 748 -0800 (904) 630 -1192 CITY OF DUNEDIN CITY OF LAKELAND Att: Jeff Thomas Att: Pat. Williams Purchasing Manager Purchasing Director 750 Milwaukee Avenue 1140 E. Parker Street Dunedin, FL 34698 Lakeland, FL 33801 (813) 738 -1843 (813) 499 -6780 CITY OF'EUSTIS CITY OF LONGWOOD Att: Norman Showley Att: Rhonda Ledford Director of General Svcs. Purchasing Director P.O. Drawer 68 175 W. Warren Avenue Eustis, FL 32727 -0068 Lakeland, FL 32750 -4197 (352) 483 -5470 (407) 260 -3480 CITY OF FT. MYERS CITY�OF MELBOURNE Att: Robert George Att: David McCue Purchasing Director Purchasing Manager P.O. Box 2443 900E. Strawbridge Av Ft. Myers, FL 33902 -2443 Melbourne, FL 32900 (941) 332.0593 (407) 953 -6271 -- CITY OF PORT ST. LUCIE CLAY ''COUNTY SCHOOL BOARD Att: David Pollard Att: Ann Martin, Purchasing Director Purchasing Director 121 S.W. Port St. Lucie Blvd. 900 Walnut Street Port St. 'Lucie, FL 34984 Green Cove, Springs FL 32043 (407) 871 -7391 (904) 284 -6502 CITY OF PANAMA CITY COLLIER COUNTY PURCHASING Att: Veryl J. McIntyre Att: Steve Carnell, General Servs. Director Purchasing Director 519 East 7th Street 3301 E. Tamiami Trail Panama City, FL 32401" Naples, FL 34112 (850) 872 -3070 (941) 774 -8425 CITY OF POMPANO BEACH COLLIER COUNTY SCHOOL BOARD Att: Ernie Siegrist Att: Nancy Goodwin -Sirko General Servs. Director Purchasing Director P.O.' Drawer 1300 3710 Estey Avenue Pompano Beach, FL 33061 Naples, FL 33942 ( 954) 786 -4098 ( 813) 643 -2700 Page 15 MIAMI DADE COUNTY CITY OF RIVIERA BEACH Att: Veronique Rellford Purchasing Director 2391 Avenue "L" Riviera Beach, FL 33404 (407) 845 -4180 CITY OF ST. AUGUSTINE Att: M.D. Strickland P.O. Drawer 219 St. Augustine, FL 33061 (901) 825. -1020 CITY OF ST. PETERSBURG Att: Louis Moore Purchasing Director P.O. Box 2842 St. Petersburg, FL 33731 (813) 893 -7220 CITY OF TAMPA Att: Joan McConnell Purchasing Director 306 E. Jackson St., 2nd Flr. East Tampa, FL 33602 (813) 274 -8353 CITY OF VENICE Att: John Enlow Purchasing Director 401 West Venice Avenue Venice, FL 34285 (813) 485-3311 CITY OFWINTER SPRINGS Att: JP!Petrencsik Purchasing Director 1126 E.' SR. 434 Winter Springs, FL 32708 -2799 (407) 327-1800 LEE COUNTY SCHOOL DISTRICT Att: Michael Bowen Purchasing Director 2523 Market Street Ft. Myers, Florida 33901 -3901 (941) 337 -8201 BID NO. 4907- 2 /03- OTR -SW COLUMBIA COUNTY SCHOOL BOARD Att: R.M. "Mike" Null, Purchasing Director 528 W. Duval St. Lake City, FL 32055 (904) 755 -8030 DEPARTMENT OF CORRECTIONS- REGION Att: Patti Casey, Purchasing Director P.O. Box 147007 Gainsville, FL 32614 (352) 955 -2035 EMBRY RIDDLE AERO. UNIVERSITY Att: Kathy Welch, Purchasing Director 600, S. Clyde Morris Blvd. Daytona Beach, FL 32174 -3900 (904) 226- 6243 HILLSBOROUGH COUNTY PURCHASING Att: Theodore Grable, Purchasing Director 601 E. Kenndey Blvd. County Center Tampa, FL 33602 (813) 272 -5290 - HRS- DISTRICT 14 STATE OF FLORIDA Att: Glenda "Dianne" Forgey Purchasing Director P.O. Box 605 Polk City, FL 33868 (941) 533 -4276 INDIAN RIVER SCHOOL DISTRICT Att: Rick Chuma, Purchasing Director 1990 25th Street Vero Beach, FL 32960 (561) 770 -5581 PINELLAS COUNTY SCHOOL BOARD Att: Mark Lindemann Purchasing Director. 301 4th Street S.W. Largo, FL 33770 (813) 588 -6143 Page 16 J MIAMI DADE COUNTY LEE COUNTY SHERIFF'S OFFICE Att: Robert Anderson Purchasing Director 14750 Six Mile Cypress Pkwy. Fort Myers, Florida 33912 (941) 477 -1312 LEON COUNTY SCHOOL BOARD Att: Byron Williams Purchasing Director 2757 West Pensacola Street Tallahassee, Florida 32303 (904) 487 -7283 MANATEE COUNTY Att: Rob 'Cuthbert Purchasing Director 1112 Manatee Ave., West Suite 803 Bradenton, 'FL 32405 (813`) 749 -3041 OKALOOSA COUNTY BOCC Att: James "Pete" Sumblin Purchasing Director 602 -'C N. Pearl Street Crestview, FL 32536 (904) 689 -5,960 OSCEOLA SCHOOL DISTRICT Att: Donald Miller Purchasing Director 817 Bill Beck Blvd. Kissimmee, 'FL 34744 (407) 870 -4625 PASCO COUNTY, BCC Att: Frank Fortino Purchasing Director 8919 Government Drive New Port, FL 34654 (813) 847 -8,194 VOLUSIA COUNTY SCHOOL BOARD Att: Tom Simms Purchase Director P.O. Box 2118 Deland, FL 32721 (904) 255 -6475 BID NO. 4907 -2 /d _ )TR -SW POLK COUNTY SCHOOL Att: Gerald Wilson Purchasing Director 2470 Clower Lane Bartow, FL 33831-9005 (813) 534 -0300` PUTNAN COUNTY Att: Willian Phillips Purchasing Director P.O. Box 1647 Palatka, FL 32177 (904) 329 -0370 SCHOOL BOARD OF SARASOTA COUNTY Att: Pat Black Purchasing Director 101 Old Venice Rd. Osprey, FL 34229 — (813) 486 -2183 ST. JOHNS COUNTY SCHOOL BOARD Att: Don Hurd Purchasing Director 299 Sch000l House Rd. St. Augustine, FL 32095 (904) 826 -3312 TAMPA SPORTS AUTHORITY Att: Joseph Haugabrook Purchasing Director 4201 N. Dale Marby HWY. Tampa, FL 33607 (813) 673 -4300 VOLUSIA COUNTY Att: Kenneth Hayslette Purchase Director 123 W. Indiana Ave., 3rd Floor Deland, FL 32720 -4608 (904) 736 -5935 Page 17 MIAMI DADE COUNTY BID NO. 4907- 2 /03- OTR -SW CITY OF OCALA DEPARTMENT OF TRANSPORTATION Att: John Tingue Att: Doug Smit Purchasing Director Contractual Services P.O. Box 1270 3400 West Commercial Blvd. Ocala, FL 34478 Fort Lauderdale, FL 33309 -3421 (352) 351 -6700 (954) 777 -4477 ORANGE COUNTY CITY OF OVIEDO Purchasing Department Att: Denise K. Schneider, 201 S. Rosalind Avenue 400 Alexandria Blvd. Orlando, FL 32802 Oviedo, FL 32765 (407) 836 -5635 (407) 977 -6058 2.21 ACCIDENT PREVENTION AND BARRICADES: Precautions shall be exercised at all times for the protection of persons and property. All Contractors and Sub - Contractors shall conform to all OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for `same. Barricades shall be provided by the bidder when work i,s performed in areas traversed by persons, or when deemed necessary by the County Project Manager. 2.22 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS Although this Solicitation is specific to a County Department,,- it is hereby agreed and understood that-any County department or agency may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Under these circumstances, a separate purchase order shall be issued by the County which identifies the requirements of the additional County department(s) or agency(ies). 2.23 CATALOGS AND PRICE LISTS SHOULD BE SUBMITTED WITH BID The bidder shall submit one (1) copy of the current manufacturer's price list(s) and catalog(s) with the bid. Failure to meet this requirement may result in your bid being rejected. These documents shall be in effect at the commencement of the contract and shall remain in effect for the life of the contract; unless price. escalations are specifically allowable in accordance with Section 2.7 of this Invitation to Bid. Discounts offered will be evaluated against these price lists and catalogs in order to determine the lowest responsive, responsible bidder. Upon request, the bidder shall provide additional sets of the manufacturer's product catalogs and price lists at no cost to the County. 2.24 CLEAN -UP: All unusable materials and debris shall completion, the successful bidder shall work has been involved as mutually agreed Page 18 be removed from the premises. At thoroughly clean up all areas where with the Department Project Manager. MIAMI DADE COUNTY BID NO. 4907 -2/01 .,TR -SW 2.25 COMPETENCY OF BIDDERS: SUB- CONTRACT WITH ANOTHER VENDOR ALLOWED Pre-award inspection of the Bidder's facility may be made prior to award of the Contract. Bids will be considered only from firms which are regularly engaged in the business of providing or distributing the goods and /or performing the services as described in the Bid invitation ; -and who can produce evidence that they have an established satisfactory record of performance for a reasonable period of time. Bidders must demonstrate that they have sufficient financial support and organization to insure that they can satisfactorily execute the contract if awarded under the terms and conditions` herein stated. In the event that the bidder will sub- contract all or part of its work to another vendor, or will obtain the goods required in conjunction with the contract with another source of 'supply, the bidder may be required to verify the competency of its sub- contractor; or -supplier;` if so specified in these 'Special C6l'ditions. Metropolitan bade County reserves the right, 'before awarding the contract to require a bidder to submit such evidence; of its qualifications and the qualifications of its sub - contractor as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the County, in making the award in the best interest of the County. 2.26 COMPLIANCE WITH FEDERAL, STATE AND LOCAL STANDARDS All items to be purchased under this bid shall be in accordance with all governmental standards, to include, but not limited to, those issued by the Occupational Safety and Health Administration (OSHA),the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 2.27 FURNISH AND INSTALL REQUIREMENTS These specifications describe the various functions and classes of work required as necessary for the completion of each project. Any technical omissions of functions or classes within the sections of these specifications shall not relieve the bidder from furnishing, installing or performing such work where required to the satisfactory completion of each project. 2.28 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER Unless otherwise provided in Section 3 of this Solicitation entitled "Technical Specifications ", the Bidder. shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. 2.29 LICENSES, PERMITS AND FEES: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the County or the bidder for failure to obtain required licenses, permits or fines shall be borne by the bidder. Page 19 MIAMI DADE COUNTY BID N0. 4907- 2 /03- OTR -SW 2.30 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the County by the Bidder are found to be defective or do not conform to specifications, the County 'reserves the right to (1) cancel the order and return such materials to the Bidder at the Bidder's expense or (2) require the Bidder to replace the materials at the Bidder's expense. 2.31 SUB- CONTRACTORS OF WORK SHALL BE IDENTIFIED IMPORTANT NOTE: THIS `REQUIREMENT IS SEPARATE AND INDEPENDENT FROM BBE REQUIREMENTS AS MAY BE STATED IN PARAGRAPH 2.3 As part of its Bid Proposal, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the Subcontractor( s) with respect to experience, skill, responsibility and business standing shall be considered by the 'County when making the award in the best interest of the County. If the bidder fails to identify any and all sub - contractors in the Bid Proposal, the bidder may be allowed to submit this documentation to the County during the bid evaluation period if such action is in the best interest of the County. 2.32 WORK ACCEPTANCE: This project will be inspected by an authorized representative of the County. This inspection shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions. 2.33 PACKING'SLIP /DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY: The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the fol- lowing information; purchase order number; date of order; a complete listing of items being delivered; and backorder quantities and estimated delivery of back - orders if applicable. 2.34 PURCHASE OF OTHER ITEMS NOT LISTED ON THIS BID SOLICITATION BASED ON PRICE While the County has listed all major items on the bid solicitation which are utilized by County departments in conjunction with its operations, there may be ancillary items that must be purchased by the County during the term of this contract. Under these circumstances, a County representative will contact the primary vendor to obtain a price quote for the ancillary items. If there are multiple vendors on the contract, the County representative may also obtain price quotes from these vendors. The County reserves the right to award these ancillary items to the primary contract vendor, another contract vendor based on the lowest price quote or to bid the items through a separate solicitation. Page 20 _ MIAMI DADE COUNTY SECTION 3.0 BID NO. 4907- 2 /03- OTR =SW TECHNICAL SPECIFICATIONS PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) 3.1 SCOPE The purpose and intent of this invitation to bid is to secure a firm fixed percentage discount from last column of manufacturer's price list for the purchase and de livery of PLAYGROUND & PARK EQUIPMENT, secure a firm- fixed percentage of COST (after discount) for installation of playground equipment, and to establish a fixed price for the installation of playground infrastructure to include resilient surfacing materials, concrete slabs, curbing and trap sand #70. 3.2 THE WORK - INSTALLATION) A. Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike manner. B. Contractor shall verify and be responsible for the accuracy of all field measurements. C. Contractor shall be responsible for restoration of the site to its original condition to include resodding of the area affected by their work with sod which is of the same variety and quality as the surrounding sod. Where no sod exists prior to installation, the Contractor shall restore grade to a level consistent with the surrounding grade. D. Contractor shall be responsible for the layout and location of all equipment and infrastructure included in the contract. Park and Recreation Department surveyors will set elevations and set the corners of the playground area at the start of construction. Park and Recreation Department surveyors will also locate and mark underground utilities in the immediate area of the construction. The Park and Recreation Department Landscape Architect will inspect the project when the layout and location has been completed by the Contractor. A 24 -hour advance notice will be required for this inspection. NOTE: See Attachments 1, 2, 3 and 4. E. Contractor shall be; responsible for installing any infrastructure included in the contract according to the plans and specifications provided by the Park and Recreation Department. These plans and specifications are included as part of the contract. F. An English- speaking supervisor /representative must be on the work site at all times, who shall be thoroughly knowledgeable of all plans, specifications and other contract documents and has the authority to act in the Contractor's behalf. G. Contractor shall be responsible for scheduling an inspection by the Park and Recreation Department Landscape Architect after the holes for the footings have been excavated and prior to pouring of concrete. A 24 -hour advance notice will be required for this inspection. Page 21 MTAMI DADE COUNTY r BID N0. • 4907 -2. 3- OTR-SW. O O W n D r m 0 I 0 0 0 C m co 0 ��Z VJ T ^C n 0 z 0. m r Page 22 m x `n r 0 0 a m O m O rn x' A � D ti v N m C 4 _ r O n N O m c N ..l D 1� N � m - a cl) c v o m c m > o L z m p A • c m y z O O O O. 1 1} O O l� n C t� Q -C �RI-=111i_Ill Ittl ; it 12 ' 30 _ cl) t m 1!1! 0 we N A © 11U y Did"' rn C) -i (y Z Z O lul lltl a _ Page 22 m x `n r 0 0 a m O m O J l7-a :4 A � D 'T1 N m _ r M n O m D N ..l -i N � C a cl) c m o m c m > z m p A m y O O O. O O n C J l7-a :4 MIAMI DADE -COUNTY r BID NO. 4907 -IL 3- OTR -SW m �..� X N Z O Z C o _ m CA - X -i 111 to A 0 � p N C1 � v > m e 1111 m O n .0 O Z ` ►► cn t-' t cn o r z T _• p m .rV IV' C • v � Ill .- m � D M m m 120 s� 1 m N • � C I � N N W > D r+r+ D Z 1s 'O O to 'n p O z z, m v � � * o m a o L� 0 Page 23 MIAMI DADE COUNTY- BID NO. 4907 —Z ;— OTR -SW Page 24 0 °-' z° X rn � rn m cn v� m � 7 lam. z r� O O _ 3 r I n r. O co 4 C7 m O ^ `! Z Z O o 0 Cn Z 0 r- m m C m M O a Z 0 � m m ._ > z r=- m o m 0 m Page 24 0 °-' z° X rn � rn m cn v� m � 7 lam. z r� O _ 3 n 4 m v -n Ul m a 0 Page 24 0 °-' z° X rn � rn m cn v� m � 7 lam. z r� MIAMI DADE- COUNTY _ BID NO. 4907 7 J ,3- 0TR -SW J X CD Z r. 00 o C -�-� Z. C� 4, On C C) _J . Q � =1I ^^ r C7 O= M N li =- m co cn z Z 12' 3 In 0 m m > III . r a m co co V O Page 25 i ADbI n fn �1i `� Q Syr . ' ►SP PEI F 4907 -2/03 jR -SW OPENING: 2:00 P.M. Wednesday DATE: July 14, 1999 CLERK OF THE BOARD �' F , F 81 Stephen P. Clark Center t °�' bl 1,`� Jx7.1,1SFxih _� 111 N.W. 1st Street :. v4 17th Floor, Suite 202 INVITATION TO BID Miami, Florida 33128 -1953 SECTION 4.0 BID PROPOSAL FORMS PLEASE QUOTE PRICES LESS TAXES, F.O.B. DESTINATION, DELIVERED IN DADE COUNTY, FLORIDA NOTE: Dade County is Exempt From All Taxes (Federal, State,. Local). Bid Price Should Be Less All Taxes. Tax Exemption Certificate Will Be Furnished By The County On Request Issued by Date Issued 06/07/99 This Bid Proposal Consists GSA Procurement Management. Division Dade County Florida. of Pages 26 thru 33 ------------------------------------------------------------------------ - - - - -- Sealed bids, subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Proposal, such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Proposal will be received at the office of the Clerk of the Board at the address shown above on behalf of the Dade County Board of County Commissioners until the above stated time and date, and at that time publicly opened for furnishing the supplies or services described in the accompanying Bid Proposal Requirement. PLAYGROUND AND PARK EQUIPMENT, FURNISH, DELIVER AND /OR INSTALL FOR THE PARK AND RECREATION DEPARTMENT FOR A PERIOD OF TWO(2) YEARS WITH COUNTY OPTION TO RENEW FOR TWO(2) ADDITIONAL YEARS ON A YEAR BY YEAR BASIS` A Bid Deposit in the amount of N/A of the total amount of the bid shall accompany all bids. A Performance Bond in the amount of N/A of the tota l amount of the bid vrili be required upon execution of the Contract by the successful bidder and Dade County. DO NOT WRITE I14 THIS SPACE ACCEPTED HIGHER THAN LOW NON- RESPONSIVE UNRESPONSIBLE DATE B.C.C. NO BID ITEM NOS. ACCEPTED COMMODITY CODE: 650 - 12/18 FIRM NAME LEADER CORPORATION SR. PROCUREMENT AGENT: Edgar Innis, CPPB /mvI RETURN THREE COPIES OF BID PROPOSAL PAGES ONLY #ITBPRO.PF 06 -07 -99 Page 26 MIAMI DADE COUNTY FIRM NAME: BID NO. 4907- 2/6,,,�OTR -SW BID PROPOSAL FOR: PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) LEADEX CORPORATION Item - Description Discount 1. Distributor's Catalog Fixed percenta e discount: Playground a9d Park Equipment Vendor 1�7 Q)r--P l/? ; T /0 /Z/ Discount off List Price _ %��zln +. �� %� ✓�%r(qf applicable) Minimum Order Amount) �, �C�C�- CG% Delivery . ? 0 -- L/ days ARO Price List No. Cv22er''�'- dated Manufacturer's Catalogs Fixed Percentage Discount: Playground and Park Equipment /BUD "%O MANUFACTURER GH—eeufff -eF LIST PRICE 0 �f'On�OU�ir�fD2? •� lr rl!/ �'' ����c',� inQ���4� ���c�,�r' C� L) ° JP I)r gv Minimum Order Amount .g�00,5),ZVl (If Applicable) Delivery �� days -ARO Price List No. dated OPTION A INSTALLATION: Fixed Percentage over Cost (after discount) of equipment Page 27 ci ' MIAMI DAOE COUNTY - BID NO. 4907-2A ..OTR—SW 0IO PRDP0SAL F0 R : PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) NAME: FIRFIRM I,DADE}[ �O��U��CORPORATION INFRASTRUCTURE Unit Price Unit Price Unit Price Item Description Per S/F Per S/F Per VF less than 1,000 to over 3,000 OPTION ' (J) Rubber/plastic safety surfacing tile (1f not included in vendor catalog.) List all available thickness for 200 G. MAX rating. (2) Rubber/plastic safety surfacing tile installation (labor and materials needed for installation). Indicate glue—down (3) Poured in place rubber safety, surfacing, labor and materials, 2" thickness (200 G. MAX rating). List max. fall height (4) Trap sand #70, delivered and spread (5) Recycled tires, 99.9% free of fabrics and metal, rubber oranule dimensions from 'Y' to ' (6) Concrete slabs, labor and materials as per detail (per sq. ft.) (7) Thickened edge for concrete slab, labor and materials as per detail #1 � ' (8) Thickened edge for concrete slab | .` ' ' labor and materials as per detail #2 (per lin. ft.) (9) Concrete curb, labor and materials as per detail (per lin. ft.) (10) 4" x 12" timber retainers, as per ( detail (per lin' ft.) Page 28 oc/ x�' � v^, _-. /. /70,4 �'= �) ~~ �"- ` /e. Unit Price [U. Yd. Sq. Ft. /3q. Ft. 2 Lin. Ft. Lin. Ft. Lin. Ft. Lin. Ft. —/ ' 7 �/� � y`� � OPTION ' (J) Rubber/plastic safety surfacing tile (1f not included in vendor catalog.) List all available thickness for 200 G. MAX rating. (2) Rubber/plastic safety surfacing tile installation (labor and materials needed for installation). Indicate glue—down (3) Poured in place rubber safety, surfacing, labor and materials, 2" thickness (200 G. MAX rating). List max. fall height (4) Trap sand #70, delivered and spread (5) Recycled tires, 99.9% free of fabrics and metal, rubber oranule dimensions from 'Y' to ' (6) Concrete slabs, labor and materials as per detail (per sq. ft.) (7) Thickened edge for concrete slab, labor and materials as per detail #1 � ' (8) Thickened edge for concrete slab | .` ' ' labor and materials as per detail #2 (per lin. ft.) (9) Concrete curb, labor and materials as per detail (per lin. ft.) (10) 4" x 12" timber retainers, as per ( detail (per lin' ft.) Page 28 oc/ x�' � v^, _-. /. /70,4 �'= �) ~~ �"- ` /e. Unit Price [U. Yd. Sq. Ft. /3q. Ft. 2 Lin. Ft. Lin. Ft. Lin. Ft. Lin. Ft. —/ ' 7 �/� � y`� � MIAMI DADE COUNTY BID NO. 4907 -2/C_ OTR -SW BID PROPOSAL FOR: PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) FIRM NAME: LEADEX CORPORATION Item Description OPTION B: INFRASTRUCTURE (CONTINUED) (11) Excavation (per cubic yd. including removal and disposal) / j),'3_/Cu. Yd. VARIANCES: State any variances, however slight, to the listed options. OPTION C: FENCE RENTAL Rental of 6' High Fencing - Installed i%- m4_ud�n43ii-g and posts. 1) Up to 100 lineal feet fencing, one order $ :fSO /Lin. Ft. 2) 101 lineal Feet to 1000 lineal feet one order $,.1,90 /Lin.Ft. 3) 101 Lineal Feet to 5000 1 inear feet one order $ /Lin.Ft. Rental of 6' high gates- Double Swing Installed Including `gate posts, brace assemblies:, -a�-T" g 1) 12 Ft. wide gate opening $ /Each. Page 29 MIAMI DADE COUNTY BID NO. 4907 -2/11_. OTR -SW BID PROPOSAL FOR: PLAYGROUND AND PARK EQUIPMENT (FURNISH, DELIVER AND INSTALL) FIRM NAME: LEADEX CORPORATION ------------------------------------------------------------------------------------------ STATEMENT OF SUB - CONTRACTORS Bidder is to list below in the space provided a statement of.sub- contractors, if any, to be used in the performance of the proposed Contract, as required in Section 2 - Special Conditions. SUB - CONTRACTOR COMPANY NAME // C-9, ADDRESS PORTION OF WORK TO BE DONE � y - 1 IV Page 30 PHONE 07/12/99 14 :49 MIAMI DA.DE COUNPX BID NO.: 4907 2/03 -0TR -SW BID PROPOSAL FOR: PLAYGROUND AND PARIS. EQUIPMENT Prompt Payment Terms: � _ oxo days net .. k, days FFJNO.: 6 15 _0 /1_ -/7 0 / 9 .1 5 / 0 (Bidder Federal Employer Identification Number as used on Return Form 941) If none, Bidder SocW Security No. The undersigned bidder tcrfges that this bid propnsa[ is submitted in accordance with the bid specifications and conditions governing this bid, and that the bidder vrdi accept ally awards) trade to him as a result of this bid- FIRM NA.ME LEADEX CORPORATION S=ET ADDRESS 4731 S. W. 75 Ave. CITY /STATE'/71P CODE Miami, F1 33155 TELE.PHOII,ENUMBER 305- 266 -2028 FAXINUMBER 305- 264 -5350 E- 2YI1I.1L n /a Date AU 01IZ S1GN ATLRE - PFR -SnN AUi- FiORJZ f;,N- K LNTO CONTRA=AL AGRREMEN'T OF PRANK J F 0 N EQA P TITLE OE O'FM= PRESIDENT 31A 07/12/99 14 :54 TX /RX NO.3917 P.002 U002 MIAMI DADE COUNTY BID NO, 4907- 2 /03- OTR -SW. ACKNOWLEDGEMENT OF ADDENDA TITLE: PLAYGROUNDAND PLAY EQUIPMENT BID NO. 1,1'70 7 -a/0 3 FURNISH, DELIVER AND INSTALL DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECE IN CONNECTION WITH THIS BID: Addendum ## 1, Dated �d I99-�? Addendum ## 2, Dated , 199 Addendum ## 3, Dated , 199_ Addendum ## 4, Dated 199_ Addendum ## 5, Dated , 199_ Addendum ## 6, Dated 199_ Addendum ## 7, Dated 199 Addendum ## 9, Datcd 199_ Addendum ## 9, Dated 199_ PART II: NO ADDENI:)l.JIM WAS RI CEWFI) IN CONNECTION, WITH THIS BID ;Date 96 _ FIRM NAME: T EADEX CORPORATION AUTHORIZE S.I<3��NATURE: Page 32 C CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Honorable Mayor Dater October 28, 2002 and City Commission From: Charles D. Scuff Subject: Agenda Item # City Manager Commission Meeting 11/04/02 Acceptance of the Tourist Development Grant Program award REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A 2002 -2003 TOURIST DEVELOPMENT COUNCIL GRANT IN THE AMOUNT OF $4,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami will be celebrating its 75th Anniversary this year. The City applied for funding assistance from the Miami -Dade County Department of Cultural Affairs to defray the costs of the event. Pursuant to this grant application, the Miami -Dade County Department of Cultural Affairs has awarded the City the sum of $4,000, under the FY 2002 -2003 Tourist Development Council Grant Program. The grant will fund the fireworks display, DJ services, marketing /publicity fees, and printing expenses. The attached resolution will allow the City Manager to execute the contracts and other applicable documents as required by the funding agency. RECOMMENDATION Your approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF THE FY 2002 -2003 TOURIST DEVELOPMENT COUNCIL GRANT IN THE AMOUNT OF $4,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami submitted a grant application to the Miami- Dade County Department of Cultural Affairs ( "the Department ") for the City of South Miami 75th Anniversary event; and WHEREAS, pursuant to said grant application, the Department awarded the City the sum of $4,000 under the 2002 -2003 Tourist Development Council Grants Program. 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 the FY 2002 -2003 Tourist Development Council Grants Program grant in the amount of $4,000. Section 2. The City Manager is authorized to execute contracts and other documents applicable to the acceptance of the grant award. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 2002. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF THE FY 2002 -2003 TOURIST DEVELOPMENT COUNCIL GRANT IN THE AMOUNT OF $4,000; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami submitted a grant application to the Miami - Dade County Department of Cultural Affairs ( "the Department ") for the City of South Miami 75 1h Anniversary event; and WHEREAS, pursuant to said grant application, the Department awarded the City the sum of $4,000 under the 2002 -2003 Tourist Development Council Grants Program. 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 the FY 2002 -2003 Tourist Development Council Grants Program grant in the amount of $4,000. Section 2. The City Manager is authorized to execute contracts and other documents applicable to the acceptance of the grant award. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 2002. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: MIAMI -DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS 2002 -2003 TOURIST DEVELOPMENT COUNCIL GRANTS PROGRAM - First Quarter The Miami -Dade County Tourist Development Council, the Department of Cultural Affairs, the Mayor and the Board of Miami -Dade County Commissioners are pleased to announce that Miami -Dade County will award the grant described herein to City of South Miami (hereinafter referred to as the Grantee) in consideration for the recipient's agreement to abide by all terms and considerations set forth in Articles I, II, III, IV and V. ARTICLE I 1. GRANTEE: City of South Miami 6130 Sunset Drive South Miami, FL 33143 2. AMOUNT OF GRANT: $4,000 3. TYPE OF GRANT: REIMBURSEMENT (As defined in Article II.2) 4. PROJECT DESCRIPTION: (See Exhibit 1, attached hereto.) 5. ITEMIZED PROJECT BUDGET: (See Exhibits 2A and 2B, attached hereto.) 6. SPONSORSHIP PACKAGE: (See Exhibit 3, attached hereto.) 7. EXPENDITURE DEADLINE: September 30, 2003 8. REPORT DEADLINE: Within 90 days of project completion (As stated in Exhibit 1.) WHEREAS, the Parties have entered into this Grant Agreement for the purposes described in Article I.3, and in accordance with the conditions set forth within the Articles of this Grant Agreement; IN WITNESS WHEREOF, the parties hereto have executed this Agreement as follows: ATTEST: Clerk, Miami -Dade County Commission Grantee's Corporate Seal Approved for form and legal sufficiency: MIAMI -DADE COUNTY, FLORIDA, by its BOARD OF COUNTY COMMISSIONERS on the day of , 20 �ffl County Manager /Designee GRANTEE: Federal Identification # on the day of .20 BY: Printed Name of Chairman or President Signature BY: Printed Name of Chief fiscal Officer BY: Signature Printed Name of Executive Director Assistant Miami -Dade County Attorney Signature ARTICLE II GENERAL CONDITIONS WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County, and further provides that all functions not otherwise specifically assigned to others under the Charter, shall be performed under the supervision of the County Manager or his designee; I. Parties: The parties to this Agreement are the Grantee listed in Article 1.1, and Miami -Dade County, Florida, a political subdivision of the State of Florida. Miami -Dade County has delegated the responsibility of administering this grant to the Director of the Miami -Dade County Department of Cultural Affairs, or his designee, who shall be referred to herein as the "Director." 2. Amount of Grant and Type of Grant: The total amount of the grant is specified in Article 1.2. By making this grant, Miami -Dade County assumes no obligation to provide financial support of any type whatever in excess of the total grant amount. Cost overruns are the sole responsibility of the Grantee. Grant funds will be supplied to the Grantee subsequent to the approval of the award by the Miami -Dade County Mayor and Board of County Commissioners, subject to the conditions and limitations as may be outlined in this Agreement. Miami -Dade County's obligation to pay this grant award is contingent upon the availability of funds. Tourist Development Council grants are made on either a reimbursement or a direct basis, with the type of grant determined on a case -by -case upon the determination of the Director and /or the approval of the TDC, The "Type of Grant" is specified in Article 1.3. If Article 1.3 designates this grant as a "REIMBURSEMENT" type grant, as a condition of receiving payment, the Grantee agrees to provide to the Director or his designee, within ninety (90) days of the event, copies of original documentation conclusively demonstrating the expenditure of funds for the items indicated in Exhibit 2B as grant award expenses. Documentation shall include, but not be limited to, copies of original bills, invoices, vouchers, receipts, and canceled checks (front and rear) clearly designating payment for expenses associated with the event. Cash- transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures. Within forty-five (45) business days of receipt of satisfactory documentation described and required by this Agreement, the County shall reimburse the Grantee for those expenditures which are indicated in Exhibit 2B. if documentation, as outlined above, is not received within ninety (90) days of the event, or if the documentation provided by the Grantee does not, in the sole and absolute determination of the Director, conclusively demonstrate that funds were expended for the purposed allowed by this Agreement, the grantee shall waive any and all rights to receive payment of the grant. If Article 1.3 designates this grant as a "DIRECT" type grant, grant awards will be advanced to the Grantee. 3. Project Description: The Grantee may only use the grant for the purposes which are specifically described in Article 1.4, designated "Project Description," as documented and attached hereto specifically as Exhibit 1, and which corresponds to the information in the Grantee's application and /or request for County Financial Assistance to the Department of Cultural Affairs and for the grant program purpose as defined and stipulated in Exhibit j, attached hereto, and in the program guidelines of the grant program from which this grant is being awarded. Further, it is expressly understood and agreed, that the Grantee's program(s) supported by these grant funds must be open and accessible, to the public, provide public exposure and benefit the public unless otherwise noted under Section IV, "Special Conditions," of this Agreement. Project revisions necessary for the purpose of completing the project, which substantially alter the original project, must be requested in writing to the Director sufficiently prior to implementation of revisions for the Director's review. The Director will make the final determination on 'revisions within fourteen (14) business days of the date of receipt of the request in the Department of Cultural Affairs' offices. 4. Project Budget: The Grantee agrees to demonstrate fiscal stability and the ability to administer grant funds responsibly and in accordance with standard accounting practices by developing and adhering to a project budget that is based upon reasonable revenue development and expenditures projected to accomplish the project covered under this Agreement. This budget is attached hereto as Exhibits' 2A and 2B. Further, Grantee agrees that all expenditures will be subject to the terms of this Agreement as specified in Exhibits 2A and 2B and will not significantly deviate from the budget included as a part of the Grantee's application or funding request information provided to the Miami -Dade County Department of Cultural Affairs. Budget revisions including line item changes which substantially alter the original project that may be necessary for the purpose of completing the TDC Grant Agreement (9102) Pg. 2 of 1 i project, must be requested in writing to the Director prior to implementation of revisions for the Director's review. The Grantee agrees and expressly understands that project budget changes may not exceed twenty -five (25 %) per project line item, so long as expenditures do not exceed the total amount of the grant award. The Director will approve or disapprove the Grantee's request in writing within fourteen (14) business days of the date of receipt of the request in the Department of Cultural Affairs' offices. S. Grant Expenditure Deadline : The Grantee shall encumber all grant and matching funds on or before the Grant Expenditure Deadline as outlined in Article 1.7. Any grant funds not encumbered by the Expenditure Deadline or for which a project extension has not been requested, shall revert to the Department of Cultural Affairs and this Agreement shall be terminated in accordance with Article 11.14. A project extension maybe requested in writing from the Director at least thirty (30) business days prior to the expiration of the grant period. The Director, at his discretion, may grant an extension of up to one (1) year of the Expenditure Deadline so long as such extension will not significantly alter the project including its quality, impact, or benefit to the organization, the County or its citizens. 6. Report Deadline: To demonstrate that the grant award has been used in accordance with the Project Description and Project Budget information as outlined in Exhibits I, 2A and 2B and met and fulfilled all requirements as outlined in this Agreement, exhibits, original application and /or funding request and/or other substantive materials as may be attached or included as a condition to this grant award, the Grantee must submit to the Director, a written Final Report documenting that the Grantee is meeting or has fulfilled all project and financial requirements. This report is to be received by the Director according to the schedule outlined in Article 1.8. The Director, at his sole discretion, may require the Grantee to submit interim reports demonstrating progress on the project and accounting for project expenses to date. The Director may also request that a compilation statement or independent financial audit encompassing the entire grant period and accounting for the expenditure of grant funds be prepared by an independent certified public accountant at the expense of the Grantee. Grantee shall attach to said Final Report, copies of original documentation conclusively demonstrating the expenditure of funds for the items indicated in Exhibit 2B as grant award expenses. Documentation shall include, but not be limited to, copies of original bills, invoices, vouchers, receipts, and canceled' checks (front and rear) clearly designating' payment for expenses associated with the event. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures. In the event that the Grantee fails to submit the required Final Report according to the schedule outlined in Article 1.8., the Director may terminate this Agreement in accordance with Article 11.14. Further, the Director or his designee must approve this report before the Grantee is deemed to have met all conditions of the grant award. 7. Program Monitoring and Evaluation: The Director or his designee may monitor and conduct an evaluation of the Grantee's operations and the project for which this grant is provided, which may include visits by County representatives to: observe the project or Grantee's programs, procedures,' and operations; discuss the Grantee's programs with the Grantee's personnel; and /or evaluate the public impact of these funded events and activities. Upon request, the Grantee shall provide the Director with notice of all meetings of its Board of Directors or governing board, general activities and project- related events. In the event the Director or his designee conclude, as a result of such monitoring and /or evaluation, that the Grantee is not in compliance with the terms of this Agreement, not fulfilling other Grants program requirements, stipulations for which this Grant has been provided or for other reasons which significantly impact on the Grantee's ability to fulfill the conditions of this grant award, then the Director or his designee must provide in writing to the Grantee, within thirty (30) days of the date of said monitoring /evaluation, notice of the inadequacy or deficiencies noted which may significantly impact on the Grantee's ability to complete the project or fulfill the terms of this Agreement within a reasonable` time frame. If Grantee refuses or is unable to address the areas of concern within thirty (30) days of receipt of such notice from the Director, then the Director, at his discretion, may take other actions which may include reduction or rescission of the grant award, or withholding grant funds until such time as the Grantee can demonstrate that such issues have been corrected. Further, in the event that the Grantee refuses or is unable to address the areas of concern and the grant award has been disbursed in full or in part, then the Director may request the return of the full or partial grant award. The Director may also institute a moratorium on applications from the Grantee to Department of Cultural Affairs Grants, Programs for a period of up to one (1) year or until the deficient areas have been addressed to the satisfaction of the Director, whichever occurs first. 8. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Florida banks, credit unions or savings and loan associations whose identity shall be disclosed in writing, with the identity and title of individuals whom the Grantee authorizes to withdraw or write checks on grant funds from the banking institution identified on the "Bank Account Disclosure" form submitted by Grantee. These accounts need not be accounts, which are segregated from other accounts maintained by the Grantee.' However, it is highly recommended that the Grantee maintain a separate account for TDC Grant Agreement (9/02) Pg. 3 of I I these grant funds. All persons authorized to withdraw funds from the grant award account must be bonded by a reputable licensed firm. 9. Accounting and Financial Review: The Grantee must keep accurate and complete books and records for all receipts and expenditures of this grant award and any matching funds required in conformance with reasonable general accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after: the occurrence of the Expenditure Deadline specified in Article 1.7; the expiration of an extended grant period as approved by the Director; the completion of a County requested or mandated audit or compliance review; the conclusion of a legal action involving the grant award, the Grantee and /or project or activities related to the grant award. The Director or his designee may examine these books, records and documents at the Grantee's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the Director may, upon reasonable notice and at the County's expense, audit or have audited all financial records of the Grantee, whether or not purported to be related to this grant. 10. Publicity and Credits: The Grantee must include the following credit line in all promotional marketing materials related to this grant including web sites, news and press releases, public service announcements, broadcast media, programs, and publications: "With the support of the Miami -Dade County Tourist Development Council, the Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Miami -Dade County Mayor and Board of County Commissioners. Grantees are also encouraged to use the "Tropiculture" logo stat in marketing and publicity materials. (Please call the Department of Cultural Affairs to request the stat sheet if one has not been included with this Agreement package.) Further, the grantee agrees, that should the amount of this grant exceed $10,000, grantee will confer upon the Tourist Development Council a sponsorship package comparable to the sponsorship package provided to every other grant or sponsor of the event who contributes a grant or funding in an amount equal to this grant. The sponsorship package to be provided in Exhibit 3 and is incorporated herein by reference. 11. Liability and Indemnification: It is expressly understood and intended that the Grantee, as the recipient of grant funds, is not an officer, employee or agent of Miami -.Dade County, its Board of County Commissioners, its Mayor, the Department of Cultural Affairs or the Cultural Affairs Council. Further, for purposes of this Agreement, the grant project or activity, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors. The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and /or subcontractors shall not act as nor give the appearance of that of an agent, servant, joint venturer, collaborator or partner of the Department of Cultural Affairs, the Cultural Affairs Council, the Miami -Dade County Mayor, the Miami -Dade County Board of County Commissioners, or its employees. The Grantee agrees to be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that it is understood by the Grantee that Miami -Dade County shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Grantee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, law suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the County, where applicable including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the County or its officers, employees, agents and instrumentalities as herein provided. TDC Grant Agreement (9/02) Pg. 4 of I 12. Assignment: The Grantee is not permitted to assign this grant award or any portion thereof. Any purported assignment will render this grant null and void and subject to immediate rescission of the full amount of the grant award and reimbursement by the Grantee of its full value to the County. 13. Compliance with Laws: It shall be a contractual obligation of the Grantee hereunder, that during the term of this Agreement, the Grantee agrees to abide by and be governed by all applicable federal, state and county laws and terms of grants to Miami -Dade County and the Miami -Dade County Department of Cultural Affairs and Cultural Affairs Council, of which this grant is a sub grant, including, but not limited to the following Miami -Dade County Ordinances, Resolutions, sections of the County Code and federal laws: (a) County Ordinance No. 72 -82 - Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance - as amended, which is incorporated herein by reference as if fully set forth herein; (b) Section 2 -8.1- of the Miami -Dade County Code - Ownership Disclosure; (c) County Ordinance No. 90- 133 - Amending Sec. 2 -8.1; (d)(2) - Employment Disclosure; (d) Section 2 -8.6 -of the County Code - Criminal Record; (e) County Resolutions R- 202 -96, R- 206 -96, R- 13211 -99 (f) County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code - Employment Drug -free Workplace; (g) County Ordinance No. 142 -91 codified as Section I I A -29 et seq. of the County Code — Family Leave; (h) County Resolution R- 385 -95 - Miami -Dade County Disability Nondiscrimination Affidavit, incorporating the following Federal laws and Acts: (1) The Americans with Disabilities Act of 1990 (ADA), Pub.L. 101 -336, 104 Stat. 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 6 1 1 including Title I, Employment: (2) Title 11, Public Services; (3) Title III, Public Accommodation and Services Operated by Private Entities; and Section 504 of the Rehabilitation Act of 1973; (4) Title IV, Telecommunications; (5) Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973,29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair House Act as amended, 42 U.S.0 Section 3601 - The foregoing requirements of this section shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State; (i) Section 2 -8.1 (c) of the County Code regarding Delinquent and Currently Due Fees or Taxes; (j) Resolution R- 1206 -97 regarding Welfare Reform Work Participation; (k) Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Title IX of the Education Amendments' of 1972 as amended (42 U.S.C. 2000d et. Seq.). The Grantee has certifiably indicated compliance to these laws, ordinances and resolutions by properly executing the affidavits attached hereto. See Affidavits for specific provisions and declarations described. 14. Remedies: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, its attachments referenced herein as "Exhibits, the Director may withhold or cancel all, or any, unpaid installments of the grant upon giving five (5) calendar days written notice to the Grantee, and the County shall have no further obligation to the Grantee under this Agreement. Further, in the event of a material breach of any term or condition of the Agreement, upon five (5) calendar days written demand by the Director, the Grantee shall repay to Miami -Dade County all portions of the grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. In the event this grant is canceled or the Grantee is requested to repay grant funds because of a breach of this Agreement, the Grantee will not be eligible to apply to the Miami -Dade County Department of Cultural Affairs for another grant for a period of one (1) year, commencing on the date the Grantee receives the notice in writing of the breach of this Agreement. Further, the Grantee will be liable to reimburse Miami -Dade County for all unauthorized expenditures discovered after the expiration of the grant period. The Grantee will also be liable to reimburse the County for all lost or stolen grant funds. Grant funds which are to be repaid to Miami -Dade County pursuant to this Section or other Sections in this Agreement, are to be repaid by delivering to the Director, a certified check for the total amount due payable to Miami -Dade County Board of County Commissioners. TDC Grant Agreement (9/02) Pg. 5 of I I These provisions do not waive or preclude the County from pursuing any other remedy which may be available -to it under the law. 15. Indulgence Will Not Be A Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 16. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of certified letters addressed to the Grantee at the address specified in Article 1.1 of this Agreement, and to the Director when addressed as follows: Director, Miami -Dade County 'Department of Cultural Affairs, I i I NW First Street, Suite 625, Miami, Florida 33128. 17. Captions Used in This Agreement: Captions as used in this Agreement are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 18. Contract Represents Total A.gneement: This Agreement, including its special conditions and Exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this Agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing, signed by both parties, and approved by appropriate action by the Miami -Dade County Board of County Commissioners and Mayor. ARTICLE III INSURANCE The Grantee must maintain and shall furnish upon request to the Director or his designee, certificates of insurance indicating that insurance has been obtained which meets the requirements as outlined below: 1. Workmen's Compensation Insurance for all employees of the Grantee as required by Florida Statute 44. 2. Public Liability Insurance on a comprehensive policy in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the project, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1. The Company must be rated no less than "B" as to the management, and no less than "Class Y" as to financial strength by the. latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division; or, 2. The Company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida," issued by the State of Florida Department of Insurance, and is `a member of the Florida Guaranty Fund. Certificates shall indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Modification or waiver of any of the aforementioned insurance requirements is subject to the approval of the County's Risk Management Division. The Grantee shall notify the County of any intended changes in insurance coverage, including any renewals of existing policies. TDC Grant Agreement (9/02) Pg. 6 of I I ARTICLE IV TERMINATION If, for any reason, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or should violate any of the covenants, agreements, or stipulations of this Agreement, the County shall thereupon have the right to terminate this Agreement by giving written notice to the Grantee of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Notwithstanding the above, the Grantee shall not be relieved of liability to the County by virtue of any breach of the Agreement by the Grantee, and the County may withhold any payments to the Grantee until such time as the exact amount of damages due to the County from the Grantee is determined. ARTICLE V SPECIAL CONDITIONS The grant awarded to this Grantee is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the programs, projects, and services recommended for support. Use of these funds for any program component not meeting this condition will be considered a material rbreach of the terms of this Grant Agreement and will allow Miami -Dade County to seek remedies including, but not limited to those outlined in the Articles and Exhibits of this Grant Agreement. TDC Grant Agreement (9/02) Pg. 7 of I I EXHIBIT I: REVISED PROJECT NARRATIVE The Project Narrative /Description is a complete description of the proposed project or event as on the original application and approved by the program panel. Please include the number of events, participants, locations and audience to be served. Also, please include a brief statement indicating how this event will be made available to the public. Project Title: City of South Miami 75th Anniversary Bash Activity Dates: 12/7/02- 12/8102 Narrative/ Description: The funding assistance approved by the Miami -Dade County Department of Cultural Affairs will be allocated to fund the City of South Miami 75th Anniversary Bash. This two -day celebration over the course of the weekend of December 7th will take place in the City's downtown area. The event will feature live entertainment, tours of our City's downtown area showcasing our hometown shops and tours of our historical sites showcasing buildings dating back to the 1900s. The event will offer a tour of the City, fo0owed by the naming of a local street after a City pioneer. Known bands will provide live music entertainment and a DJ will revive the streets of downtown South Miami with a variety of sounds. The anniversary celebration will culminate with the popular South Miami Elves' Parade, followed by a spectacular fireworks display. To accomplish this important undertaking, the City of South Miami has assembled a committee composed of key City Staff and local merchants. The event will be publicized in various community newspapers, as well as the City's official publication, "Inside South Miami ". Additionally, event information will be broadcasted over the City's cable access channel. The City has also contacted channels 4, 6, 7, 10, and channel 23 in an effort to bring news of the event to the community at large, including Broward County residents. TDC Agreement (9/02) 8 of MIAMI -DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS TOURIST DEVELOPMENT COUNCIL GRANTS PROGRAM EXHIBIT 2A: REVISED PROJECT BUDGET List cash and in -kind expenses and revenues specifically identified with your project/season. Round amounts to the nearest dollar (do not show cents). NOTE: Total project expenses and revenues must equal. SUPPLIES /MATERIALS CASH 0 OTHER COSTS ( REMIZE) 0 EXPENSES IN -KIND 3,000 PERSONNEL 0 2,500 ADMISSIONS ADMINISTRATIVE: 0 0 CONTRACTED SERVICES ARTISTIC: 0 0 TUITIONS TECHNICAL 0 0 CORPORATE SUPPORT OUTSIDE ARTISTIC FEES: 0 0 FOUNDATION SUPPORT OUTSIDE OTHER FEES: 0 0 PRIVATE/INDIVIDUAL SUPPORT MARKETING /PUBLICITY 400 0 GOVERNMENT GRANTS: PRINTING 400 0 FEDERAL POSTAGE 0 0 STATE IN- COUNTY TRAVEL 0 0 LOCAL OUT -OF- COUNTY TRAVEL 0 0 APPLICANT CASH ON HAND EQUIPMENT RENTAL 0 0 OTHER REVENUES (ITEMIZE) EQUIPMENT PURCHASE 0 0 SPACE RENTAL 0 0 INSURANCE 0 0 UTILITIES 0 0 SUPPLIES /MATERIALS 0 0 OTHER COSTS ( REMIZE) 0 0 Fireworks 3,000 0 DJ Services 700 0 Band 5,500 0 SUB- TOTALS 10,000 2,500 TOTAL EXPENSES: $12,500 TDC Grant Agreement (9/02) Page 9 of I I CASH REVENUES IN -KIND 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6,000 2,500 0 0 0 0 0 0 0 0 0 0 TDC Grant Award 4,000 SUB - TOTALS 10,000 2,500 TOTAL REVENUES $12,500 MIAMI -DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS TOURIST DEVELOPMENT COUNCIL GRANTS PROGRAM EXHIBIT 213: REVISED PROJECT BUDGET Itemized cash expenses to be expended from grants award. Expenditures must equal the total amount of the grant award as listed on the cover sheet. Round amounts to the nearest dollar (do not show cents). NOTE: The items specified in this budget must correspond with the Grant Dollars Allocated column of the Project Expense Budget on your original application form. PERSONNEL ADMINISTRATIVE: ARTISTIC: TECHNICAL OUTSIDE ARTISTIC FEES: OUTSIDE OTHER FEES: MARKETING /PUBLICITY PRINTING POSTAGE IN- COUNTY TRAVEL EQUIPMENT RENTAL SPACE RENTAL INSURANCE UTILITIES SUPPLIES /MATERIALS OTHER COSTS (ITEMIZE Fireworks DJ SERVICES SUB- TOTALS TOTAL EXPENSES: TDC Grant Agreement GRANT AWARD 10of 11 0 0 0 0 0 400 400 0 0 0 0 0 0 0 3,000 200 4,000 $4,000 MIAMI -DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS TOURIST DEVELOPMENT COUNCIL GRANTS PROGRAM EXHIBIT 3: SPONSORSHIP PACKAGE If your grant award from the Tourist Development Council exceeds $ 1 0,000, you are bound by Article II Section I I of your Grant Agreement, which states that the County is to be provided with a sponsorship package comparable to that which is provided to other sponsors who have contributed a grant or funding amount equivalent to this grant. In the space provided below, please itemize what the County will receive in benefits as a sponsor of your event. Please attach additional pages if necessary. SPONSOR BENEFITS ESTIMATED DOLLAR VALUE Total Value of Sponsorship Package: $ IJ A TDC Grant Agreement (9102) Pg. I I of If MIAMI -DADE COUNTY AFFIDAVITS Each section of this form must be read, and initialed indicating acceptance and /or compliance with the County's policy related to the particular affidavit. for affidavit sections that you do not believe are applicable to your organization, please indicate this by placing "N /A" in the blank and your initials next to the "N /A." ALL SECTIONS MUST BE COMPLETED, either with your initials indicating compliance or "N /A" indicating non - applicable. Sections not completed on the Affidavit will render the entire Universal Affidavit null and void and it will be returned to you for completion. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT, MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT, and MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any departments or agencies thereof, the State of Florida or zny political subdivision or agency thereof, or any municipality of this State. The MIAMI -DADE COUNTY FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies, the State of Florida or any political subdivision or agency thereof, it shall, however, pertain to municipalities of the State of Florida. I, being first duly sworn state: (Name of Affiant) The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (if none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Street Address City State Zip Code I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) I. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly- traded corporations or to contracts with the United States or any department or agency thereof, the State of Florida or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable); Pagel of 5 ;!4 /005.'9�OOuniv.d171wp 519/00 Full Legal Name Address Ownership 0 0 % 0 2. The full legal name and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with Miami -Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500) or imprisonment in the County jail for up to sixty (60) days or both. 11. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133. Amending sec. 2.8 -1: Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten- thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with your employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide current breakdown (number of persons) of your firm's workforce and ownership as to race, national origin and gender. White: Males Females Black: Males Females Hispanic: Males Females Males Females Asian: American Indian: Aleut (Eskimo): Page 2 of 5 5 /9i0014r00univAfi'Iwp 519/00 Males Females Males Females Males Females' Males Females III. MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code). The individual or entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been.convicted of a felony during the past (10) years. IV. MIAMI -DADE COUNTY EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code). That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace; 2. the firm's policy of maintaining a drug -free environment at all workplaces; 3. availability of drug counseling, rehabilitation and employee assistance programs; 4. penalties that may be imposed upon employees for drug abuse violations. The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. V. MIAMi -DADE COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section I I A -29 et. seq. of the County Code). That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Miami -Dade County for each working day during each twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the tare of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. Page 3 of 5 5!9(005!9;00univAtTlwp 5/9100 The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof it shall, however pertain to municipalities of this State. VI. MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95). That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities ,pct of 1990 (ADA), Pub. L. 101 -336, 104 Stat. 327, 42 U. S. C. 12101 -12213 and 47 U. S. C. Sections 225 and 611 including Title 1, Employment; Title 11, Public Services; Title Ill, Public Accommodation and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973, 29 U.S.C. Section 794: The Federal Transit Act, as amended 49 U S. C. Section 1612: The Fair Housing Act as amended, 42 U.S.C. Section 3601- 3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State. VII MIAMi -DADE COUNTY AFFIDAVIT REGARDING. DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code). Except for small purchase orders and sole source contracts, the above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes " -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Miami -Dade County Tax Collector as well as Miami -Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. VIiI. MIAMI -DADE COUNTY WELFARE REFORM WORK PARTICIPATION AFFIDAVIT (Resolution R- 702 -98, as amended by Resolution R- 358 -99). Please check one of the following options: This entity is a governmental entity and is therefore exempt from the provisions of Resolution No. R- 702 -98, as amended by Resolution R- 358 -99. This entity is a not - for - profit organization and is therefore exempt from the provisions of Resolution No. R- 702 -98, as amended by Resolution R- 358 -99. This entity is a recipient of a grant award and is therefore exempt from the provisions of Resolution No. R- 702 -98, as amended by Resolution R- 358 -99. This entity has a contract with the County that results in actual payment of less than $500,000 and is therefore exempt from the provisions of Resolution No. R- 702 -98. 5/9 /005/9100univAffl" 5/9/00 Page 4 of 5 This entity can demonstrate that five percent (5 %) of its work force consists of individuals who reside in Miami -Dade County and who have lost or who will lose cash assistance benefits (formerly Aid to Families with Dependent Children or "AFDC ") as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and therefore, requests a waiver of the requirements of Resolution No. R- 702 -98, as amended by Resolution R- 358 -99. This entity has a contract with the County that results in actual payment of $500,000 or more, and therefore, will contribute to Project fresh Start, the County's welfare -to -work initiative, based on the following scale: If .the entity has a contract with the County that results in actual payment of an amount between: $500,000 to $1,000,000 then that entity shall contribute $5,000 $1,000,001 to $5,000,000 then that entity shall contribute $10,000 $5,000,001 to $10,000,000 then that entity shall contribute $20,000 $10,000,001 and over then that entity shall contribute $25,000 I have carefully read this entire Six (6) page document entitled, "Miami - Dade County Affidavits" and have initialed all affidavits that pertain to this contract and have indicated by "NA" all affidavits that do not pertain to this contract. By: (Signature of Affiant)" (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this 19 by He /She is personally known to me or has presented identification. (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public - State of (State) 519 /O05 /9 100unrvAft lwp 519/00 Page 5 of 5 (Serial Number) (Expiration Date) Notary Seal day of as (Rev oecam er1988) Department of the Tmasuer Internal Revenue serwce flame (it la's nathn. Nst Address (number and street) Gty, state, and ZIP code LM Taxpayer Identification Number Enter your taxpayer identification number in the appropriate box. For individuals and sole proprietors, this is your social security number. For other entities, it is your employer identification number. If you do not have a number, see How To Obtain a TIN, below. Note: N the account is in more than one name, see the chart on page 2 forguidefines on whose sedan ucwlty timber OR Empbyar IeintNlcatlae nurnbet ' � here (OptiOna� Far Payees Exempt From Backup Withholding {See Instructions) Requester's name and address (optional) Certification. —Under penalties of perjury, I certify that: (1) The number shown on this form is my correct taxoaver identification number (hr t sm waiting for a number to be issued t(i fie), alb (2) 1 am not subject to backup withholding because: (a) I am exempt from backup withholdingg, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has notified me that I am no longer subject to backup withholding (does not apply to real estate transactions, mortgage interest paid, the acquisition or abandonment of secured property, contributions to an individual retirement arrangement (IRA), and payments other than interest and dividends). Certification Instructions. -You must cross out item (2) above if you have been notified by IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. (Also we Signing the Certification under Specific Instructions; on page 2.) Pleas! Sign Here Signature ► Date ► Instructions and continue until you furnish your TIN to the (1) You do not " your TIN to the requester. For reportable interest or dividend requester. or lion references are to the Internal Revenue payments, the payer must exercise one of the IRS notifies the requester that you 10110w�r+g options coneem� backup withholding furnished an incorrect TIN, or Purpose of Form. —A person who is required to during this 6 y, period. tinder option (1), t (3) You ilre notified RS that you are file an information return with IRS must obtain payer must backup withhold on an withdrawals subject to backup witnnoldi �� you biked your correct taxpayer identification number (TIN) you make from your accountafer 7 business< �p your interest dividends to report income paid to you, real estate days after the requester receives this form back tax rotum lfor interest and dividend on your transactions, mortgage interest you paid, the from you. Under option (2), the payer must only), or acquisition or abandonment of secured property, backup withhold on any reportable interest or or contributions you made to an individual dividend payments made to your account, (4) You fair to certify to the requester that you retirement arrangement (IRA). Use Form W9 to regardless of whether you make any withdrawals. are flo< subject to backup withholding undor (3) furnish your correct TIN to the requester (the The backup withholding under option (2) must above & interest and dividend occot tt opened person asking you to furnish your TIN), and. when begin no Igor than 7 business days after the after IM only). or applicable. (1) to certify that the TIN you are requester receives this form back. Under option (5) You fail to Certifyy0ur TIN. This applies furnishing` is correct (or that you are waiting for a (2) the payer is required to refund the amounb only to interest, dividend, broker, or berter number to be issued). (2) to certify that you are withheld it your certified TIN is received within exchano accounts opened after 1983, or broker not subject to backup withholding, and (3) to the 60-day period and you were not subject to accounts considered inactive in 1988. ctxim exemption from K*ckup withholding if you backup w th". f during that period. Forotller payments, you are subject to be•.p, are an exempt payee. Furnishing your correct TIN Note: WrithT 0AWied Far' on tM ram means withholding only it (1) or (2) oboe applies. and making the appropriate certifications will thatyou have already applied for a 77N OR that Certain payees and payments are exempt from prevent certain payments from being subject to you intend to apply ffor one in the near future. backup withholding and informationreportu�ng. the 20% backup withholding. As soon as you receive your TIN, complete See Payees and Payments Ertmpt from ZOC14 Note: Ma requester gives you a form other than another Form W9. include your TIN, sign and Wthhokfirg below. and Exempt Payres and a W-9 to request your TIN, you must use the date the form, and give R to the requester. Payments under Specific Nns&ucboM on page 2. requester's form. What Is Backup Withholding?— Persons making d you are an exempt payee. , How To Obta In a TIN. —If you do not have a TIN, certain payments to you are required to withhold Payees 8114 Payments Exempt From Backup apply for one immediately. To apply, get Form and pay to IRS 20% of such payments under Withholillns,._Thefollowing is alist otpayees SS- 5. Application for a Social Security Number certain conditions. This is called *backup exempt from backup withholdir%and for which Card (tor individuals) from your local office of the withhokfing.'Payments that could be subject to no information reporting is required. For interest Social Security Administration, or Form SS�4, backup w,* holding include interest, dividends, and fiends. all listed payees are exempt Application for Employer Identification Number broker and barter exchange transactions, rents, wept item (9). For broker transactions. payees (for businesses and all other entities). from your royalties, nonemployee compensation, and Fisted in (1l through (13). and a person. local Internal Revenue Service office. certain payments from fishing boat operators, but under the investment Advisers Act of 194D who To complete Form W -9 if you do not have a do not include real estate transactions. mu.lar-ly acts as a broker are exempt. PaytrKnts TIN. write 'Applied For' in the space for the TIN If subject to reporting u r sections 6041 and in Part 1, n and date the form, and give it to the make the � requester your correct TIN, 6041A are neraliy exempt from bKkup appropriate Codifications, and report all requester Generally, you will then have 60 days your taxable interest and dividends on your tax withholdi gonly if made to payees described in to obtain a TIN and furnish it to the requester. N return, your Da ents win{ not be sut►ject to items (1) rougf► iii eXCept that a eorpor~ the requester does not receive your TIN within 60 backup withholding. Payments you receive will be slut provides medical and health core services or days, backup withholding, if applicable, will begin subject to bstkup withholding if: bills and Collects payments for such services fs root exempt from backup withholding or Form W9 (Kev.124M GRANTEE DESIGNATED BANK IN WHICH GRANT FUNDS WILL BE KEPT ADDRESS ACCOUNT NUMBER PERSON(S) AUTHORIZED TO WITHDRAW FUNDS OR TO WRITE CHECKS: TITLE TITLE TITLE Submitted by: (Signature) (Printed Name) (Date) NOF City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 City of South Miami Mayor and City Commissioners 6130 Sunset Drive South Miami, FL 33143 Mayor Julio Robaina (305) 663 -6341 Vice -Mayor Mary Scott- Russell (305) 668 -2484 Commissioners David D. Bethel (305) 668 -2483 Horace Feliu (305) 668 -2481 Randy Wiscombe (305) 668 -2483 INTER- OFFICE MEMORANDUM To: Mayor and Commissioners Date: October 16, 2002 From: Mr. Charles Scurr, a Re: Agenda Item # City Manager ` Comm. Mtg. November 4, 2002 Upgrade purchase; Access Control System The South Miami Police Department and City Hall have established security for both buildings for the safety and security of its members. Currently the existing system in place is outdated and will be unserviceable by the manufacturer beginning December 2002. The upgrade of the access control system and the included one year warranty will ensure the system performs optimally. The South Miami Police Department is requesting to purchase, an upgrade for the access control system, at a cost of $16,628.00 (lowest bid price) from Florida State Fire & Security which will be from account 1910- 521 -6430 (Operating Equipment, balance $ 19,438) . Purchase shall be from 2002/2003 fiscal year budget. I recommend approval of this expenditure. l 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 INSTALLATION OF A REPLACEMENT ACCESS CONTROL SYSTEM BY FLORIDA STATE FIRE & SECURITY, AND CHARGING THE DISBURSEMENT OF $16,628.00 TO ACCOUNT 1910 - 521 -6430 TITLED OPERATING EQUIPMENT PROVIDING AN EFFECTIVE DATE OF OCTOBER 15, 2002. WHEREAS, the Mayor and City Commission of the City of South Miami; and, the South Miami Police and City Hall have established security for both buildings for the safety and security of it's members; and WHEREAS, the existing system in place is outdated and will be unserviceable by the manufacturer beginning December 2002, and WHEREAS, the upgrade of this system and the included one year warranty will ensure the system performs optimally, WHEREAS, the Mayor and City Commission desire to continue ensuring the safety and security of city facilities, employees and citizens, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager be, and hereby is authorized to disburse the amount not to exceed $16,628.00 to Florida State Fire & Security, Inc. for the purchase of a PointGuard Access Control Software Package. Section 2. 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 Wiscombe: Commissioner Bethel: Commissioner Feliu: Additions shown by underlining and deletions shown by evets#iking. INTER - OFFICE MEMORANDUM To: Mr. Charles Scurr From: Chief Cokes Watson, Jr. Date: October 16, 2002 Re: Agenda Item # Comm. Mtg. November 4, 2002 Upgrade purchase; Access Control System The South Miami Police Department and City Hall have established security for both buildings for the safety and security of its members. Currently the existing system in place is outdated and will be unserviceable by the manufacturer beginning December 2002. The upgrade of the access control system and the included one year warranty will ensure the system performs optimally. The South Miami Police Department is requesting to purchase, an upgrade for the access control system, at a cost of $16,628.00 (lowest bid price) from Florida State Fire & Security which will be from account 1910- 521 -6430 (Operating Equipment, balance $ 19,438) . Purchase shall be from 2002/2003 fiscal year budget. I recommend approval of this expenditure. FLORIDA STATEFIRE & SECURITY, INC, PROTECTING. PEOPLE PROTECTING PROPERTY PROPOSAL SLbmittad To: USA CORBIN South Miami Police Department 6130 Sunset Drive South Miami, FL 33143 We are pleased to submit the lbilowing cost estim&e: Job Description: Installation of a Replacement Access Control MATERIALS Date: January 21, 2001 Estimate Number., FSFS- 1190CP Police and City Hall Buildin QUANTITY DESCRIPTION PRICE TOTAL 1 PointGuard Access Control Software Package 2 PointGuard 8- Reader S stem Processors 16 PointGuard Door Interface Modules I PointGuard Inpu utput Board, 8 -in, 2 -out 1 Dell Current Production PC Computer with Windows 2000, Includes. 15" Color Monitor IAGig Pentium III Processor 128 Meg RAM 20Gig Hard Drive CD ROM Read /Write Drive 101100 Ethemet Car- d-8 Hours of on Site Training Can be broken into two 4-Hour Sessions ALL Cable, labor and Miscellaneous Materials Needed for a Complete Installation as per Scope of Work OPTIONS Estimate Toter $16' 628.00 QUANTITY DESCRIPTION PR10E TOTAL Options T011PLI $0.00 SCOPE OF WORK: Total esbrmts $16,628.00 Florida State Fire & Security will replace the existing Sensormatic Ccure 750 access control computer, software control panels and door interlace modules with the latest system as manufactured by PointGuard, one of the current leaders in the access control industry. All card readers, door hardware and cards will remain the same and continue to operate as they currently do. Installation will include programming of the new system, including all door information, time zones, reader groups etc. Individual users will not be programmed by FSFS but will be the responsibility of the South Miami Police Department. This is due to the confidential information that may be contained in the user files. installation will include up to 8 hours of on site training which may be broken into two 4 hour individual sessions on different days. 3921 S.W. 47TH AVENUE, SUITE 1004 - DAVIE, FLORIDA 33314 - STATE LICENSED & INSURED - EF00010e3 DADE (305) 651 -8122 - BROWARD (954) 791 -1313 BOCA! PALM BEACH (561) 852 -1330 - FAX (954) 791 -0688 10/14/2002 3:43 PM FRO1,1z Fax syscom Technologies TO: (305) 663-6353 PAGE; 002 OF 002 SYSCOM Technologies� Inc. CORPORATE OFFICE 20533 Biscayne Blvd. Suite 225 Aventura, FL 33180 Lt. Lisa Corbin South Miami Police Department 6130 Sunset Drive South Miami, Fl, 33143 September 2, 2002 305-931-5686 Fax: 305-705-0492 Dear Lt Corbin: As per your request the following is our price for the access control system for your building in South Miami: 1— Ultrak Point Guard Access Control Software Package 2 — Ultrak Point Guard 8-Reader Access Control Panels 16 — Ultrak Point Guard Card Reader interface Panels I _ Ultrak point Guard 8- Input, 2-Output Interface Relay Board I — Dell Computer with 15" Color Monitor, Pentium III with 20 Gig Hard Drive and 128 Meg of RAM 8 — Hours of one site training eded to replace the existing access control panels and computer All installation and programming as we using the existing card readers and door locks. Total [nve 07/22/2002 10;06 9543160031 ALARM -TECH SECURITY PAGE 02 a LA M- E SECURITY SYSTEMS 4221 S.W. 47 Ave., #1319, ft Lauderdale, Florida 33314 Broward 954- 989 -5700 • 954 - 315 -1940 Dade 05- 687 -4120 • Fax 954 - 989-6107 REsumcna • bwstwa • COMMERCM South M wni Police Department July 19, 2002 6130 Sunset Drive South Miami, FL 33143 Attn: Lisa Corbin Re: Proposal for Access Control System, - Police and City Hall Building Dear Ms. Corbin: I wish to open this proposal letter by first thanking you for the opportunity to MR your business with regard to the building for which you plan to install the Access Control System. As per our conversation, we plan to instaii the top of the line security products for your protection_ The system is proposed as follows: • 1- Dell Current Production PC Computer with Windows 2000 • I -1 Sn Color Monitor • 1 -1.4 Gig Pentium III Processor • 1 -128 Meg RAM I - 20 Gig Hard Drive • 1 - CD ROM Read/Write Drive 1- 10/100 Ethernet Card • On Site Training ($ hours) • 1 - Point Guard Access Control Software Package • 2 - Point Guard 8- Reader Systems Processors • 16 - Point Guard Door Interface Modules • 1- Point Guard Input / Output Beard All miscellaneous Cable and hardware included Again, the you for considering Alarm-Tech Security for your business needs, If you should require any further questions regarding this or any other matter, please feel free to contact our office at your earliest convenience. Mr.3siy Dean Presid t underwftm Wmratoded Appmved • nenbom of HatiooW 8wrglw And Fire Alarm Ansadatlon • Mew of Bew flushes Dureau Mcneed and Insured state MErt O00?DB To: Honorable Mayor and City Commission From: Charles D. Scurr City Manager Jaip REQUEST Date: October 15, 2002 f;4 Subject: Agenda Item # g Commission Meeting 11/04/02 Extension of CDBG contracts A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF AN EXTENSION OF THE CITY'S FY 95, 97, 98, 99 AND 01 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS UNTIL DECEMBER 31, 2002; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami received CDBG funding for traffic calming and other street improvements in the area surrounding 59t" Place and SW 64h Street, as well as funding for design and construction of Phases I and II of the Multipurpose Center at Murray Phase. The funding is as follows: • FY 95 Traffic Calming $144,000 • FY 95 Tree Planting $ 16,910 • FY 97 Multipurpose Center $175,000 • FY 98 Multipurpose Center $175,000 • FY 99 Traffic Calming $ 58,000 • FY 01 Church Street Imp. $100,000 The design of the Multipurpose Center, Phase II has been completed and construction is progressing rapidly. A Notice to Proceed has been issued for the design of the Church Street Improvements project. The Tree Planting and Traffic Calming projects were incorporated into a single project. This project is 90 % complete, and construction is anticipated to be completed by the end of the month. OCED will extend our contracts to allow for these projects to be completed. RECOMMENDATION Your approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF AN EXTENSION OF THE CITY'S FY 95, 97, 98, 99 AND 01 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS UNTIL DECEMBER 31,2002; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Community Development Block Grant (CDBG) Program serves to improve communities; and WHEREAS, the City of South Miami received CDBG funding in fiscal year's 95 -01 to benefit the Multipurpose Center at Murray Park as well as Traffic Calming efforts on SW 64th Street and the Church Street Improvements project; and WHEREAS, the Traffic Calming project cannot commence until Miami -Dade County undertakes and completes a sewer project in the area designated for traffic calming improvements; and WHEREAS, design and construction of the Multipurpose Center project is progressing rapidly; and WHEREAS, the City of South Miami requires additional time complete the projects mentioned. 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 an extension of these contracts. Section 2. 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 Bethel: Commissioner Feliu: Commissioner Wiscombe: MIAMI -DADE COUNTY, FLORIDA MIAMI •DADE October 3, 2002 Olga Cadaval, Grants Administrator City of South Miami " 6130 Sunset Drive South Miami, Florida 33143 OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT 140 WEST FLAGLER STREET SUITE 1000 MIAMI, FLORIDA 33130 -1561 (305) 375 -3422 FAX (305) 375 -3428 Request to Extend FY 1995, FY 1997, FY 1999, and FY 2002 CDBG Contracts Dear Ms. Cadaval: We are in receipt of your August 5, 2002 letter in which you requested extensions to the ending dates of the above CDBG contracts from September 30, 2002 to December 31, 2002. We have carefully reviewed the requests along with the explanations for the delays in the Tree Planting Project, Church Street Improvements Project, Traffic Calming Project, and Murray Park (Multipurpose Center) Project. We note that all three projects are underway and that funds are currently being expended for each project. Therefore, we will approve final extensions for all four agreements once you submit scopes of services and time frames that indicate that each of the above- mentioned projects will be completed by December 31, 2002. Please be sure that you submit a scope of services and budget for each project that reflects the revised ending date and a resolution from your city's board of commissioners approving the extensions. These documents are to be submitted to OCED by October 21, 2002. If we may be of further assistance to you, please feel free to contact Judith Barrera, contracts officer, at 305- 375 -3409. Sincerely, Silvia Unzueta Deputy Director SU: JB y r� � CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 30, 2002 FROM: Charles D. Scurr RE: Agenda Item # City Manager , Comm. Meeting 11/04/02 Re: Authorization to execute Agreement for Water Facilities with Miami -Dade county for the Downtown Infrastructure Improvement project. REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGREEMENT WITH MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR WATER FACILITIES FOR THE DOWNTOWN INFRASTRUCTURE IMPROVEMENTS KNOWN TO MIAMI -DADE WATER AND SEWER DEPARTMENT (MDWASD) AS CITY OF SOUTH MIAMI DOWNTOWN IMPROVEMENTS ID# 17399; PROVIDING AN EFFECTIVE DATE BACKGROUND: As part of the Downtown Infrastructure Improvements project, we plan to install approximately 3,000 lineal feet of 12 -inch and 700 lineal feet of 16 -inch watermain downtown streets. The new water distribution system will provide much needed fire protection and improved water pressure to the businesses within the downtown area. With this agreement and proposed construction, Miami -Dade WASA will be able to provide adequate drinking water system to properties along SW 73rd Street from US 1 to SW 57th Avenue; SW 58th Court from 73rd Street to SW 72nd Street, SW 58th Avenue from US -1 to SW 73rd Street, SW 57th Court from SW 73rd Street to SW 72nd Street and SW 57th Avenue from 73rd Street to SW 72nd Street. Attached is the Project Location Map. All these services and applicable fees will be funded through the 2001 Legislative Appropriation funds (LAF) and the U. S. Department of Housing and Economic Development FY 2001 EDI- Special Project Grant (HUD -EDI). The contract is substantially complete in its current form. The attorney has reviewed the agreement and recommended some changes that will not change the intent of the agreement. continued.../ Page 2 of 2 Comm. Meeting Agenda November 4, 2002 RECOMMENDATION: It is recommended that the City Commission authorize the City Manager to execute the agreement as soon as the attorney's concerns are satisfied. ATTACHMENTS: 0,, Proposed Resolution Q Copy of Agreement with Miami -Dade County 0 Project Location Map I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 AGREEMENT WITH MIAMI -DADE COUNTY AND THE CITY OF 6 SOUTH MIAMI FOR WATER FACILITIES FOR THE DOWNTOWN 7 INFRASTRUCTURE IMPROVEMENTS KNOWN TO MIAMI -DADE 8 WATER AND SEWER DEPARTMENT (MDWASD) AS CITY OF 9 SOUTH MIAMI DOWNTOWN IMPROVEMENTS ID# 17399; 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami wishes 13 to provide water service to the Downtown area through MDWASD; and, 14 15 WHEREAS, the City shall connect to MDWASD's watermain located within and 16 around downtown as indicated in Section 3, Points of Connection, of the agreement; and, 17 18 WHEREAS, the City intend to pay applicable documents recording fees and conveyance 19 fees from the 2001 State Legislative Appropriations funds allocated for the project; and, 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 23 24 Section 1. The City Manager is authorized to enter into an agreement with 25 Miami -Dade County to provide water services to the Downtown Infrastructure 26 Improvements. 27 28 Section 2. That the attached agreement, Agreement for Water Facilities 29 between Miami -Dade County and The City of South Miami, be made a part of the 30 resolution. 31 32 Section 3. This resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this day of , 2002. 35 36 ATTEST: APPROVED: 37 38 39 CITY CLERK MAYOR 40 41 Commission Vote: 42 READ AND APPROVED AS TO FORM: Mayor Robaina: 43 Vice Mayor Russell: 44 Commissioner Wiscombe: 45 CITY ATTORNEY Commissioner Bethel: 46 Commissioner Feliu: Additions shown by underlining and deletions shown by ever- . SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 AGREEMENT FOR WATER FACILITIES BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI This instrument prepared by: Victor M. Rodriguez Utilities Development Division Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146 -2221 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 this THIS AGREEMENT; made and entered into at Miami -Dade County, Florida, day of 2002 by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY ", whose mailing address is: c/o Miami -Dade Water and Sewer Department, 3575 S. LeJeune Road, Miami, Florida 33146 -2221 and the City of South Miami, a Florida municipality, hereinafter designated as the "CITY ", whose mailing address is: c/o Charles D. Scurr, City Manager, 6130 Sunset Drive, Miami, FL, 33143. WITNESSETH: WHEREAS, the CITY desires to provide water system infrastructure improvements to a certain area within the CITY'S municipal boundary limits, and ' WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter, designated as the "DEPARTMENT ", operates the water system owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: Page 2 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 1. CITY'S PROJECT. The CITY intends to construct water system infrastructure improvements in an area within the CITY'S municipal boundary limits generally bounded on the north by S.W. 71st Street, on the south by S.W. 76th Street, on the east by S.W. 57th Avenue and on the west by U.S. Highway No. 1 and S.W. 62nd Avenue, hereinafter, sometimes described as the "CITY'S project ". The CITY has requested that the DEPARTMENT render water service to the CITY'S project and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. PROVISION OF SERVICE AND CONNECTION CHARGES. The intent and sole purpose of this Agreement is for the installation and proper conveyance of water system infrastructure improvements within the CITY'S project. This Agreement does not provide commitment of adequate water supply by the COUNTY to any property, CITY owned or otherwise. Owners of any and all properties requesting connection to the water mains installed pursuant to this Agreement shalt be subject to the terms and conditions for water service set forth in the DEPARTMENT'S "Rules and Regulations" prevailing at the time of request for connection. 3. POINTS OF CONNECTION. The COUNTY owns and operates several eight (8) inch diameter and larger water mains within the CITY'S project from which the CITY shall install and connect a sixteen (16) inch water main in S.W. 57th Avenue from S.W. 72nd Street southerly to S.W. 74th Street and twelve (12) inch water mains within the remainder of CITY'S project. Page 3 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 4. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost and expense shall cause to be designed, constructed and installed all of the necessary water facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines, service connections, service lines, shutoffs, meter boxes, air release valves and all appurtenances thereto for a complete installation. The final design and construction of the facilities shall meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water service; shall be in accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard Specifications and Details "; and shall be subject to approval by the DEPARTMENT. 5. INSPECTION. The design and construction of facilities to be owned by the COUNTY shall conform to the COUNTY standards and regulations. The COUNTY shall have the right but not the obligation to make engineering inspections of all the construction work performed by the CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for the quality and condition of materials and workmanship. Page 4 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 6. TESTS. During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum of twenty -four (24) hours in advance of the tests, 7. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule construction meetings with the CITY'S representatives (Engineer, Project Manager, Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty -four (24) hours notice. 8. APPROVALS AND PERMITS. The CITY shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all facilities contemplated in this Agreement. 9. COUNTY AS PERMITTEE. Certain federal, state and county agencies, - including but not limited to the State of Florida Department of Transportation, the South 0 Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the CITY'S contractor will actually perform the work pursuant to such permits to the extent, and as provided by Section 768.28, Florida Statutes. To insure that the COUNTY will incur no costs or liability as a result of being Page 5 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 named permittee on such permits, the CITY shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by the CITY pursuant to such permits. The security shall be furnished prior to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate for the permit work. The CITY shall have sixty (60) days to resolve any claims by a permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The CITY shall be liable for all costs in excess of the security. 10. WATER SERVICE LINES. Any water service lines two (2) inches in diameter or less that are part of the proposed water system infrastructure improvements contemplated herein, which will be directly connected to existing mains owned by the COUNTY, shall be installed by COUNTY personnel only. The CITY hereby agrees to pay to the COUNTY its standard water service line installation charge, permit fees and service fees prior to any,such installation. 11. OWNERSHIP OF WATER METER. The COUNTY shall provide, own and instal the required water meter at its own expense as a part of any water service installation. Ownership by the COUNTY shall terminate at the outlet side of each water meter. Page 6 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 12. WATER MAIN OVERSIZING CREDITS. In order to comply with the COUNTY'S Public Works Manual and with the DEPARTMENT'S master plans, policies and regulations, the COUNTY requires that the CITY install a sixteen (16) inch water main in S.W. 57th Avenue from S.W. 72nd Street southerly to S.W. 74th Street. Therefore, the COUNTY shall allow the following oversizing credit for the difference between the standard twelve (12) inch water main and the sixteen (16) inch water train required by the COUNTY. Item Necessary (Standard) Required Estimated Length / Lineal Feet Credit per Lineal Foot Estimated Credit a 12 inch 16 inch 700 $6.00 $4,200.00 Total estimated oversizing credit: $4,200.00 Both parties agree that the oversizing credits shall be calculated based on the actual quantities of oversized facilities installed by the CITY as specified in the bill of materials and as -built drawings submitted by the CITY at time of conveyance and approved by the COUNTY. Should the amount of credit due to the CITY exceed that amount listed in Section 255.05, Florida Statutes, the CITY shall post a bond sufficient to insure payment of all suppliers and labors. Should the CITY fail to post a bond, the CITY shall indemnify and hold harmless the COUNTY against all claims against the COUNTY brought by a subcontractor or supplier for payment on the CITY'S project. The bond shall remain in effect one year from completion and conveyance of the oversized facilities. It is further agreed that the DEPARTMENT shall retain payment of construction connection charges payable to the CITY for all oversized water mains until such a time that the amounts retained equal the amount of the oversizing credit paid to the CITY. The COUNTY shall pay this credit to the CITY within ninety (90) days after completion, proper conveyance to the COUNTY and placement into service of the oversized water facilities. Page 7 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 13. FACILITIES EASEMENTS. If the water facilities contemplated herein or any portion thereof are installed within private property outside of public right -of -way, the facilities shall be installed in the center of a twelve (12) foot wide easement with a twenty- five (25) foot minimum vertical clearance above the finished grade. The DEPARTMENT shall have twenty -four (24) hour access to the easement for emergency purposes. If the facilities are not located in platted easements, then the CITY shall grant easements to the COUNTY in accordance with the conditions set forth herein. 14. CONNECTION /FRONTAGE BY OTHERS. Parties other than the CITY who own property, which has frontage to any water main installed pursuant to this Agreement, may apply to the COUNTY for connections to said water main. If said parties actually connect and /or abuts said facilities, the COUNTY will impose a construction connection charge equal to thirty dollars ($30.00) multiplied by the front foot length of the connecting /abutting property which fronts and /or abuts the water main as measured along the route of the main, The COUNTY will also impose construction connection charges on such other parties if said water main is /are required, in accordance with guidelines 'and` criteria established by the DEPARTMENT, in order to provide adequate service for'the fronting /abutting property. Said construction connection charges will not be required or collected from other parties for single- family residences occupied or under construction prior to the date of this Agreement. It is further agreed that the DEPARTMENT shall retain payment of construction connection charges payable to the CITY for all oversized water mains until such a time that the amounts retained equal the amount of the oversizing credit Page 8 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 paid to the CITY. Thenceforth, the COUNTY shall repay said construction connection charges to the CITY within ninety (90) days of receipt of same. However, the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from others. This provision shall remain in effect for period of twelve (12) years from the date of the Absolute Bill of Sale for the water main facilities constructed by the CITY. Per annum simple interest as established and authorized by Section 687.01, Florida Statutes will accrue on all construction connection charges from the date of the Absolute Bill of Sale for the water main facilities constructed by the CITY to the date of payment by the connecting /abutting party. The interest rate used shall be the rate established by Section 687.01, Florida Statutes at the time of payment by the connecting /abutting party. It shall be the CITY'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) year period. 15. CONVEYANCE OF TITLE. Conveyance of all easements shall be by separate instruments in recordable form as approved by the COUNTY and ,shall be accompanied by a written opinion of title by an attorney licensed to practice law in the State of Florida which states that the CITY is the owner of the property interest to be conveyed, subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY. The opinion shall also state that upon execution by the CITY, a valid and enforceable easement will be vested to the COUNTY. The CITY shall pay all recording fees and for all documentary stamps. The details for all conveyances are specified herein. Page 9 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 16. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents, which may include bills of sales, releases of liens and grants of easements for execution by the CITY. The properly executed documents shall be delivered to and accepted by the COUNTY prior to the placement into service of any water mains and installation of water meters by the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. These conveyances shall be accompanied by copies of paid bills and /or lien waivers, releases, or satisfactions from all persons who performed work on CITY'S project and all persons who incorporate materials into the project, together with a breakdown of the actual cost of said facilities. Concurrently, the CITY shall furnish the COUNTY with one (1) set of mylar as -built drawings showing specific locations and depths among other things, of all facilities as located by a licensed surveyor, along with four (4) prints of the as -built drawings which have been sealed by a surveyor and certified by the engineer of record. Approval by the COUNTY of all required conveyance documents, drawings and survey specified herein. shall, constitute final acceptance by the COUNTY of said facilities. After final acceptance, the facilities shall remain at all times the sole, complete, and exclusive property of the COUNTY and under the exclusive control and operation of the COUNTY. 17: WARRANTY AND MAINTENANCE BOND. The CITY warrants that the water facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance by the COUNTY. Page 10 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 Simultaneously with the conveyance of the water facilities, the CITY shall deliver to the COUNTY an executed maintenance bond, which guarantees the warranty. If it becomes necessary to repair and /or replace any of the facilities during the initial one (1) year period, then the warranty as to those items repaired and /or replaced shall continue to remain in effect for an additional period of one (1) year from the date of final acceptance by the COUNTY of those repairs and /or replacement. The bond shall be in the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows: Types of Facilities Percentage of Actual Construction Cost Water mains 25 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida. A surety company must have a Best's Key Rating Guide General Policyholder's Rating of "A" or better and a Financial Category of Class "V" or better or be acceptable to the COUNTY. The attorney -in -fact or other officer who signs a bond must file with such bonds a certified copy of his power -of- attorney authorizing him to do so. The Maintenance Bond may be written with the CITY'S contractor as "Principal" t and the CITY and the COUNTY as "Co- obligees" or the COUNTY as sole "Obligee ". In the alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee ". The Maintenance Bond shall remain in force for one (1) year following the date of final acceptance by the COUNTY of the work done pursuant to this Agreement to protect the COUNTY against losses resulting from any and all defects in materials or improper performance of work. Upon demand by the COUNTY, the CITY shall cause to be Page 11 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 corrected all such defects which are discovered within the warranty period or periods as set forth above, failing which the COUNTY shall make such repairs and /or replacements of defective work and /or materials and the CITY and /or its Surety shall be liable to the COUNTY for all costs arising therefrom. The CITY also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. 18. TERMS OF AGREEMENT. Both the CITY and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the CITY fails to comply with any of the following conditions, where applicable: a. After execution of this Agreement, work on the CITY'S project shall commence within one hundred eighty (180) days from the execution date. Work shall be considered to have commenced when a full' complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the water and /or' sewer facilities throughout the day on each full working day, weather permitting, b. Once the CITY commences construction ° on the- CITY'S project, building construction cannot be suspended, abandoned, 'or not in active progress for a period exceeding one hundred eighty (180) days. Page 12 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 19. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents, partners, principals, contractors and /or subcontractors and instrumentalities to the extent, and as provided by Section 768.28, Florida Statutes from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners principals, contractors and /or subcontractors. The CITY shall" pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided. 20. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water service, due to or resulting from a force majeure or inevitable accident or occurrence, such party shall be excused from performance. As used herein, force majeure shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, Page 13 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the either party and shall include but not be limited to strikes, lockouts, other industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots, federal, state, county and local governmental restraints and restrictions, military action, civil disturbances, explosions, conditions in federal, state, county and local permits, bid protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground conditions and cave -ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 21. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 22. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that bacteriological tests must be performed prior to the placement into service of any water mains and the installation of water meters by the COUNTY. It is the responsibility of the CITY to comply with all such requirements and to obtain all necessary approvals. In addition, the use of floating meters for construction purposes is subject to State of Florida requirements and approval by the COUNTY. The CITY may request approval for the use of floating meters prior to actual conveyance of title to the facilities to the COUNTY. However, the COUNTY may be required to execute documents to the Miami -Dade County Page 14 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 Department of Environmental Resources Management or State of Florida Department of Health, which state that the COUNTY has accepted title to the facilities. If the COUNTY is required to execute such documents, the CITY agrees to indemnify and hold the COUNTY harmless from and against all claims, actions, judgements, damages, loss, cost and expense including reasonable attorney's fees which may be incurred by the COUNTY in connection with the rendition of water service through the facilities constructed and installed by the CITY prior to conveyance of title to the COUNTY, including but not limited to those which result from failure to properly maintain and repair the water facilities to the extent, and as provided by Section 768.28, Florida Statutes. 23. ASSIGNMENT OF AGREEMENT. This Agreement shall not be transferred, assigned or otherwise conveyed to any other party without the express written consent of the Director of the DEPARTMENT or his designee. 24. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations, whether oral or written, between the CITY and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the CITY and the COUNTY. 25. NOTICE. All notices given pursuant to this Agreement shall be mailed by United States Postal Service registered or certified mail to the parties at the addresses specified on page two (2) of this Agreement or addresses otherwise properly furnished. Page 15 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 26. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions herein contained.. The CITY shall pay all recording fees. Page 16 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials as of the day and year above written. WITNESSETH: signature By: MIAMI -DADE COUNTY print name Tomas R. Goicouria, Chief Utilities Development Division Miami -Dade Water and Sewer Department signature print name STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of , 2002, by Tomas R. Goicouria, Chief, Utilities Development Division of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public Page 17 of 18 SOUTH MIAMI DOWNTOWN IMPROVEMENT AREA, ID# 17399 WITNESSETH: CITY OF SOUTH MIAMI, A FLORIDA MUNICIPALITY signature By: (SEAL) Charles D. Scurr, City Manager print name signature print name STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of , 2002, by Charles D. Scurr, City Manager who is personally known to me or and has /hasn't produced as identification and not take an oath. Notary Public print name Approved for Sufficiency of Execution Only: Assistant County Attorney Page 18 of 18 Serial Number z cle I I I VY Cl- QX11, 0* ', 7N 0 -�z Z, 0 7a � 11 —.,v 4V9 me III WICS . Z I z LLJ O � O z LL 00 z 0 0 z cle I I I VY Cl- QX11, 0* ', 7N 0 -�z Z, 0 7a � 11 —.,v 4V9 me III WICS . Z I Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & Date: November 4, 2002 City Commission ITEM No._ From: Charles Scurr RE: Fee Amendment City Manager Waiver -of -Plat REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92- 1501, 17- 92- 1512A,10 -95- 1583,18 -99- 1692, 28- 00.1730, AND 32 -01 -1763 IN ORDER TO INCREASE THE FEE FOR WAIVER OF PLAT APPLICATIONS, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND The City's Land Development Code (LDC) currently has regulations addressing "Land Subdivision Regulations," and permits applicants seeking to create new building sites to apply for a Waiver of Plat in lieu of the standard platting process, as per the Miami -Dade County platting regulations. This provision is most often used when an applicant wishes to create two or more building lots out of an existing parent tract. REVISED REGULATIONS The City Commission, at its September 17, 2002 meeting adopted Ordinance No. 9 -02 -1777 amending the LDC by modifying the process by which waiver of plat applications are reviewed. The revised process now includes the submission of a site plan, posting of the property and mailed notice of the application to property owners within 500 feet of the site. A waiver of plat the application will be subject to additional guidelines as well as a review and recommendation by the Planning Board, prior to final action by the City Commission. FEE ADJUSTMENT The City's current fee for a waiver of plat application is $1,000. Based upon the additional notification and review procedures added by the recent LDC amendment, it is recommended that the fee should be increased to $3000. A survey of nearby jurisdictions indicates that fees vary widely. Unincorporated Miami -Dade County charges $1722.50, while the City of Coral Gables charges $1800 plus $2 per envelope, which could vary according to the location of the property. The City of Miami Beach charges $800. The City Commission, at its October 15, 2002 meeting, voted 5 -0 to approve the proposed ordinance on first reading. Fee Ordinance — Waiver of Plat November 41 2002 Page 2 of 2 RECOMMENDATION It is recommended that the attached draft ordinance changing the City's Permit Fee Schedule (H) be approved upon second reading public hearing. Attachment: Draft Ordinance CS /RGL/ AY DAComm Items \2002 \10 -15 -02 \Staff Report Revised Fee Waiver of Plat .doc 1 2 3 ORDINANCE NO. 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI,, FLORIDA RELATING TO THE 7 PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS 8 AMENDED BY ORDINANCES 6 -92 -1501, 17-92-1512A, 10 -95 -1583, 9 18 -99 -1692, 28 -00- 1730, AND 32 -01 -1763 IN ORDER TO INCREASE 10 THE FEE FOR WAIVER OF PLAT APPLICATIONS, PROVIDING FOR 11 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE .12 DATE. 13 14 WHEREAS, the City currently charges a fee for the review and processing of 15 applications for waiver of plat; and 16 17 WHEREAS, the City Commission at its meeting on September 17, 2002 adopted 18 Ordinance No. 9 -02 -1777, which ordinance amended the Land Development Code 19 regulations pertaining to applications for waiver of plat; and 20 21 WHEREAS, the above referred to amendments require additional review 22 procedures, notification mailings, and posting of the property, for all applications for 23 waiver of plat; and 24 25 WHEREAS, the additional procedures will increase the cost of service to process 26 an application for waiver of plat; and 27 28 WHEREAS, it is the policy of the Mayor and City Commission to adjust the 29 City's Permit Fee Schedule to assure that fees charged will cover the cost of services 30 provided. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 34 35 Section 1. That Fee Schedule (H) entitled "Land Use Application Fees" of 36 Ordinance 14 -90 -1454, as amended by Ordinances 6 -92- 1501, 17- 92- 1512A, 10 -95 -158, 37 18 -99 -1692, 28 -00 -1730 and 32 -01- 1763, is amended by increasing the fee charged for 38 an application for waiver of plat, as shown on Permit Fee Schedule (H) attached to this 39 Ordinance. 40 41 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 42 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 43 shall not affect the validity of the remaining portions of this ordinance. 1 2 Section 3. All ordinances or parts of ordinances in conflict with the provisions 3 of this ordinance are repealed. 4 5 Section 5. This ordinance shall take effect immediately upon approval. 6 7 PASSED AND ADOPTED this day of 92,002 8 9 10 ATTEST: APPROVED: 11 12 13 CITY CLERK MAYOR 14 15 l st Reading - 16 2nd Reading — 17 18 COMMISSION VOTE: 19 READ AND APPROVED AS TO FORM: Mayor Robaina: 20 Vice Mayor Russel: 21 Commissioner Bethel: 22 CITY ATTORNEY Commissioner Feliu: 23 Commissioner Wiscomb: 24 25 26 27 28 Attached: Permit Fee Schedule (H) 29 (H) LAND USE APPLICATION FEES 1. TEXT AMENDMENT TO LAND DEVELOPMENT CODE $1,750 2. REZONING Ten acres or less $1,750 Over ten acres $13,500 3. SPECIAL USE PERMIT $1,750 4. APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD Applications for new construction in the RS and RT zoning districts Single unit $350 All other applications for: New construction $450 Renovation $150 Signs, fences, walls, eta $50 For each additional appearance before the Board $50 5. VARIANCES First variance request $1,500 Each additional variance request $500 6. PLANNED UNIT DEVELOPMENT $3,000 7. CHANGES TO A PLANNED UNIT DEVELOPMENT $1,000 8. CLOSING OF ANY PUBLIC RIGHT -OF -WAY $1,500 9. WAIVER OF REQUIRED RIGHT -OF -WAY IMPROVEMENTS $1,500 10. WAIVER OF PLAT APPLICATION $3000 11. COMPREHENSIVE PLAN AMENDMENTS $20,000 12. SPECIAL EXCEPTION $1,750 13. ADMINISTRATIVE WAIVER $500 14. TEMPORARY SIGNAGE $35 15. SIDEWALK SALES $35 16. DUMPSTER AGREEMENT, CONSTRUCTION TRAILER AGREEMENT $25 17. OUTDOOR SEATING, per seat J per year $25 18. TREE REMOVAL PERMIT $40 (New wording underlined, words being removed indicated by strilwt (H) LAND USE APPLICATION FEES 1. TEXT AMENDMENT TO LAND DEVELOPMENT CODE $1,750 2. REZONING Ten acres or less $1,750 Over ten acres $13,500 3. SPECIAL USE PERMIT $1,750 4. APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD Applications for new construction in the RS and RT zoning districts Single unit $350 All other applications for: New construction $450 Renovation ' $150 ` Signs, fences, walls, eta $50 For each additional appearance before the Board $50 5. ' VARIANCES First variance request $1,500 Each additional variance request ` $500 6. PLANNED UNIT DEVELOPMENT $3,000 7. CHANGES TO A PLANNED UNIT DEVELOPMENT $1,000 8. CLOSING OF ANY PUBLIC RIGHT-OF-WAY $1,500 9. ` WAIVER OF REQUIRED RIGHT -OF -WAY IMPROVEMENTS $1,500 ; 10. WAIVER OF PLAT APPLICATION $3000 11. COMPREHENSIVE PLAN AMENDMENTS $20,000 12. SPECIAL EXCEPTION $1,750 13. ` ADMINISTRATIVE WAIVER $500 14. TEMPORARY SIGNAGE $35 15. SIDEWALK SALES $35 16. DUMPSTER AGREEMENT, CONSTRUCTION TRAILER' AGREEMENT $25 17. OUTDOOR SEATING, per seat / per year $25 18. TREE REMOVAL PERMIT $40 (New wording underlined; words being removed indicated by strikethrough) MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legai Holidays) newspaper, published at'Miam'rin Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 11/4/2002 ORD. RELATING TO PERMIT FEE SCHEDULE in the XXXX Court, was published in said newspaper in the issues of 10/17/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi�adverti for publication in the said newspaper.` Sworn to and 5 bscyfbed before me this 17 day op CbBER (SEAL) XANEI�7 N OTARYSEAL O.V. FERBEYRE $ t X' L � F Fi,®Ri`DA COMMISSION NO. CC 9912958 - CITY OF SOUTH MIAMI © INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: October 29, 2002 Cc: Charles D. Scurr, City Manager Hakeem Oshikoya, Finance Director From: Earl G. Gallop, City Attorney Re: Resolution Approving Payment of Attorneys' Fees and Costs to Robert D. Hertzberg, P.A. Subject: Approval of payment of $13,911.62 to Robert D. Hertzberg, P.A., for services rendered in connection with the representation of the city and city attorney on the motion for attorney's fees filed by the NRA in the matter of National Rifle Ass'n. ofAmerica, Inc., et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. 11th Cir. Ct. 2000). Discussion: The NRA filed a motion for attorney's fees and costs in the approximate amount of $224,000 following the reversal of the favorable trial court order by the Florida Third District Court of Appeal. With the city commission's consent, the city attorney retained outside counsel to defend against the motion. This second invoice is presented for payment. The first invoice was for $980.00. I recommend approval of the invoice for payment as the amount of fees and costs are reasonable and necessary. Recommendation: Approve the resolution authorizing payment of the invoice. City of South Miami c/o Earl G. Gallop, Esq. 3225 Aviation Avenue Suite 300 Miami FL 33133 -4741 LAW OFFICES ROBERT D. HERTZBERG, P.A. BANK OF AMERICA TOWER AT INTERNATIONAL PLACE 100 SOUTHEAST SECOND STREET SUITE 3550 MIAMI, FLORIDA 33131 TELEPHONE (305) 371 -6060 TELECOPIER (305) 358 -5917 Professional Services 6/30/2002 RDH Preparation for hearing /case law on bifurcation 7/1/2002 RDH Attend court hearing 7/212002 RDH Telephone call with NRA's counsel, Earl Gallop's office and court 0.30 reporter 7/8/2002 RDH Review documents and pleadings in file 7/13/2002 RDH Review trial and appellate proceedings 7/21/2002 RDH Preparation for hearing 7/23/2002 KP Conference among attorneys re: legal issues involved in Motion for Attorney's Fees & Costs /legal strategy KP legal research issue of attorney's fees sought by NRA in other jurisdictions. RDH Review materials; review cases on § 57.105; review all pleadings and documents; telephone call with Earl Gallop 7/24/2002 KP legal research issues re: motion for attorney's fees by NRA. RDH Review pleadings, case law, standing /ripeness; telephone call with Earl Gallop's office; preparation for § 57.105 hearing 7/25/2002 KP Conference among attorneys re: case law and legal issues for response to Motion for Attorney's Fees. RDH Memo and research and draft preparation for hearing October 11, 2002 Invoice # 10195 Hours Amount 1.00 300.00 1.30 390.00 0.30 90.00 3.00 900.00 2.80 840.00 0.70 210.00 0.50 100.00 1.00 200.00 3.00 900.00 3.50 700.00 7.50 2,250.00 1.30 260.00 5.00 1,500.00 , � L d City of South Miami 7/26/2002 KP Conference among attorneys re: response to Motion for Attorney's Fees; work done on same. RDH Preparation of memo and preparation for hearing RDH Preparation of memo and telephone call with Earl Gallop RDH Memo and preparation for hearing 7/29/2002 KP Work done on revisions to Response to Motion for Attorney's Fees; Telephone call w/ Mr. Gallop's office. RDH Preparation for hearing and conference with Earl Gallop 7/31/2002 KP Travel and attend hearing on Motion for Attorney's Fees. RDH Preparation for hearing and attend hearing 8/15/2002 RDH Conference with Earl Gallop's office; review transcript; telephone call with Joel Perwin For professional services rendered Additional Charges: 7/1/2002 Copying cost for the month of July, 2002 7/2312002 legal research expense 7/29/2002 Delivery Cost Delivery Cost 8/30/2002 Copying cost Total costs Total amount of this bill Previous balance 7/26/2002 Payment - thank you. Check No. 037964 Total payments and adjustments Balance due Page 2 Hours Amount 1.50 300.00 1.40 420.00 3.70 1,110.00 1.40 420.00 1.50 300.00 2.70 810.00 2.00 NO CHARGE 4.50 1,350.00 0.60 180.00 50.20 $13,530.00 26.25 327.82 13.35 11.95 2.25 $381.62 $13,911.62 $980.00 ($980.00) ($980.00) $13,911.62 1 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR ROBERT D. HERTZBERG, P.A., IN THE AMOUNT OF $13,911.62; CHARGING $13,911.62 TO ACCOUNT NO. 1500- 514 -3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, in the case of National Rifle Ass'n. of America, Inc., et al. v. City of South Miami, Case No. 00- 17530 -CA -09 (Fla. l 1th Cir. Ct. 2000) the NRA filed a motion for attorney's fees and costs in the approximate amount of $224,000 following the reversal of the favorable trial court order by the Florida Third District Court of Appeal; and, WHEREAS, with the city commission's consent, the city attorney retained outside counsel to defend the motion; and, WHEREAS, Robert D. Hertzberg, P.A., submitted an invoice to the City for legal services rendered, and costs advanced, for the period ending August 30, 2002, in the amount of $13,911.62; and, WHEREAS, the City Attorney recommends payment of the attached invoice as the amount of fees and costs are reasonable and necessary. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION.OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoice for attorneys, fees and costs received from Robert D. Hertzberg, P.A., in the total amount of $13,911.62, is approved for payment and charging $13,911.62 to account no. 1500 -514 -3450, Other Contractual Services. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by ever-stfiking. 1 2 PASSED AND ADOPTED this day of October 2002. 3 4 ATTEST: 5 6 7 CITY CLERK 8 9 10 11 READ AND APPROVED AS TO FORM: 12 13 14 CITY ATTORNEY 15 16 17 18 19 20 21 22 23 24 25 \ \Dell_6100 \Documents \0022 \DAJ \15575.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: a qq r q � • r qua_ • _r' Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: November 4, 2002 and City Commission From; Charles Scurr Re: Agenda Item /3 City Manager aC40'7 R escheduling November 19, 2002 City Commission Meeting REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING; RESCHEDULING THE NOVEMBER 19, 2002 CITY COMMISSION MEETING TO NOVEMBER 21,2002; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Due to the anticipated Installation Ceremony of State Representative Julio Robaina in Tallahassee, Florida on Tuesday, November 19, 2002, the attached resolution provides for the rescheduling for the regular scheduled City Commission meeting of November 19, 2002 to Thursday, November 21, 2002, Section 2 -2.1 of the City of South Miami Code of Ordinances provides that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted by a majority of the entire membership of the City Commission. This resolution is sponsored by Commissioner Feliu. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETING; RESCHEDULING THE NOVEMBER 19, 2002 CITY COMMISSION MEETING TO NOVEMBER 21, 2002; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances provides that the City Commission shall hold regular meetings at 7:30 p.m., on the first and third Tuesdays except for June and July; and WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances also provides that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted by a majority of the entire membership of the City Commission; and WHEREAS, due to the Installation of former Mayor Julio Robaina as State Representative for District 117 on Tuesday, November 19th, the Mayor and City Commission desire to reschedule its regular scheduled meeting of November19, 2002 to Thursday, November 21, 2002. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The regular City Commission meeting for Tuesday, November 19, 2002 has been rescheduled to Thursday, November 21, 2002. Section 2. 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 Wiscombe: Commissioner Bethel: Commissioner Feliu: Additions shown by underlining and deletions shown by everstr9iing. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 28, 2002 FROM: Charles D. Scurr RE: Agenda Item # 'I Y_ City Manages A Comm. Meeting: 11/04/02 Re: Authorization to the City Manager to execute agreement with the lowest responsible bidder for the Proposed Multi- purpose Center Onsite & Offsite Improvements REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH T. J. PAVEMENT CORP. FOR MULTIPURPOSE CENTER ONSITE & OFFSITE IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $287,231.83 TO BE PAID FROM MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) FY 2002 GRANT AND U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) FY 2001 EDI- GRANT; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: The proposed Multi- purpose Center Onsite / Offsite Improvements was advertised for construction bids on Monday, July 22, 2002. Six contractors submitted bids. The bids were publicly opened the last day of bid submittal (Friday, August 23, 2002) at 3;05 PM. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all bids, verified references, verified bid bond and discussed the project with the lowest bidder ( T. J. Construction Corp.) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record (Kimley -Horn & Associates, Inc.) has submitted the attached letter of recommendation for T. J. Construction Corp. This project will be funded from the FY 2002 Miami -Dade County Office of Community & Economic Development (OCED) Block Grant and the FY 2001 U. S. Housing & Urban Development (HUD), Economic Development Initiative (EDI) grant. The account balance on the OCED grant is $199,380 from original $250,000 awarded, See attached Public Works project budget activities detail. $90,000 was allocated for this project from the EDI grant and the account balance is still $90,000. See attached detail budget for the EDI grant. continued..../ Page 2 of 2 Comm. Meeting Agenda November 4, 2002 RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: Q Proposed Resolution Q Bid Opening Report Q Tabulated Bids U Certified Advertised Notice of Bid Invitation 0 Engineer of Record's letter of recommendation R Public Works Project budget activities detail — OCED grant U Public Works Project budget activities detail — EDI grant RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH T. J. PAVEMENT CORP. FOR MULTIPURPOSE CENTER ONSITE & OFFSITE IMPROVEMENTS CONSTRUCTION AT AN AMOUNT OF $287,231.83 TO BE PAID FROM MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) FY 2002 GRANT AND U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) FY 2001 EDI- GRANT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City commission wishes to provide onsite and offsite (SW 58`i' Place from SW 661 Street to SW 68" Street and SW 68`' Street from SW 5$`l' Place to Commerce Lane) improvement to the Multipurpose Center, and; WHEREAS, the construction activities will consist of watermain extension along SW 68" Street, roadway re- alignment to include traffic calming features along SW 58h Place, new sidewalk, roadway resurfacing, parking stalls, pavement marking and landscaping, and; WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with T. J. Pavement Corp. for the construction of Multi - purpose Center Onsite and Offsite improvements for an amount of $287,231.83. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1: The city received six bids in response to the Notice of Bid Invitation advertised in the Miami Daily Business Review on Monday, July 22, 2202. Section 2: The engineering consultant review the bids and recommended that the contract be awarded to the lowest responsible bidder: T. J. Paving Corp. Section 3: The project will be funded through the Miami -Dade County OCED Community Development Black Grant and U. S. Department of HUD FY 2001 EDI- Special Grant. Section 4: That the Mayor and City Commission authorize the City Manager to execute an agreement with T. J. Paving, 'Corp. for the construction of Multi- purpose Center Onsite and Offsite Improvements for an amount of $287,231.83. PASSED AND ADOPTED this 5`i' day of November, 2002. APPROVED: Ronetta Taylor, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY ATTEST: Julio Robaina, Mayor Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Wiscombe: Commissioner Feliu: BID OPENING REPORT Bids were opened on: Friday, August 23, 2002 at 3.0512m Project Name: Multipurpose Center Onsite & Offshe Improvements Project Number: C102 -0823 Pre -Bid Estimate: $340,00 CONTRACTORS: BID AMOUNTS: 1. Acosta Tractors, Inc. $ 311,689.30 2. Leon's En ineerin Corp. 333,179.18 3. T.J. Pavement Corp. 287,632.02 4. The Redland Company, Inc. 369,682.19 5. Williams Paving 317,986.45 6. Cooper Contracting, Inc. 350,422.72 THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED City Clerk's Signature: Witness: 0 4M I tLA, E Avoc urn Witness: mini of fi 58 11999 °88.8 . . . . . 6 .�. 'R. d 6 .1 .9 . . . 0 9999E P! a A 9 9 5.90 0; NO 9 od 9 o 1E a s 8 8 8 8 88 888 Rq 5� T 99 �r �� m -1 9 2 NNUH N, �7 ggg S. g 9 E -8 8888 °8 8 F, .8. E 81. 58 8858 9 9 Ws i 1 9 smd 116 �--sll $ SHE -P 88888 sl- n s rS° 8 -8.-8Av$88S8p2--- R 111 P!l 6 1--. S8 Eis 4, 8,- o 8 2 99 Ing SS v 92 — 2 g 8 s q N 2 Ssss$N ° Roma 6. o '111 8 '71T I �17 1-7- F EIR A 8 8 g g � 8 P 9 z s; 8, s ftd 3 �N 3 9888 gs. 9 E RE .1 .6 E; s R R 0 �2 �2 ESE s I - :19 8 '88 W I a 08888° �2 99 g 9 FIE 1 -1. § 91 a 269- EnNo 60 e'er -ITITI ll T'I'll '1 1,71,11 �17711 I'lo T T R;z I'S I' -TIT IT �'-IT I' ITIIIT-1 a- otQg 7g Rd= q V 'd d W d '6 I w M 6 d Mwd� 01 6s is u 4 'i 4 K RE a. MI P ma d sry d H 6; ggs pi s sz a P .9 od-N 6 66 d 6 6 d6 d 1 - i �a v Q t .18 .,588 SS88 8S i� E81GE 88" ; x v 1�8 8 -tea 6 29 2 8 Big E iv v 2' F '12111"'ll 2 1. WIZE TI T, TI'l d �i SEES ..66 E8 SEES �dI.s 88. MS. OSSEO.,: R-R-NM- Rd g�8 U gg g g 8 d6 91. ---- -- ---- - SEEI wgg w Rgg 11 11 g IS g� 998 SR- RE 1 9, i Egg d moU w W SIB Elg EM US 'I ..N. p 9 .1.18 Pg.g4=",g, q588 d 8$° g 5i IS gg tjwg V-4 9 NEV V- 40 6 6 q . . . . . . 1 1-99 96 6 ui 0 999 ir al 2 :n5 OF Q. Yg' iE r W F 5 It 4 F Q, A i a t x 4 it: Bz-. 0 j 9111 ity I, 1 2 Ng 9 0 p2s WIN IN m 15. A RE Is o un g RJE-0 � z 9 6V, jil l-,H 1 1 Id JZ: IV 1 �jj@jl I In -4- A g 9� Z 91 1�21 -aj ,1 1 1d 1 1 101201z;: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he:or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - SECTION 00020 NOTICE OF BID INVITATION- BID NO. C102 -0823 in the XXXX Court, was published in said newspaper in the issues of 07/22/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday,_ Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this vertise antloyublication in the said newspaper. Sworn to and subscribed before me this 22 day of JULY , A.D. 2002 (SEAL) Lm"Kimley -Horn and Associates, Inc. September 16, 2002 Mr. W. Ajibola Balogun, REM Public Works Director City of South Miami 4795 SW 75f' Avenue South Miami, FL 33155 Re: City of South Miami Project No. CI02 -0823 Multipurpose Center Onsite and Offsite Improvements Dear Mr. Balogun: On August 23, 2002, proposals were received for the- above- referenced project. A summary of the Bids received is enclosed for your review. ■ Suite 220 8603 South Dixie Highway Miami, Florida 33143 The low bid of $287,632.02 was submitted by T.J. Paving Corporation, a local Contractor based in Miami, Florida. The specified contract time for this project is One Hundred Twenty (120) calendar days for final completion. We have checked the bid submitted by T.J. Paving Corporation, and find no discrepancies or qualifying statements with the exception of a $0.19 difference attributable to a calculation error (on Line Item "P -4" Planting Soil ") and an error in addition of $400.00, bringing the correct total to $287,231.83. Additionally, the subconsultant, Allied Engineering Corp., the firm qualified to perform pipeline, paving, and excavating and grading, was not listed on the proposal. TJ Pavement Corp. was contacted regarding the above findings. An acknowledgement and clarification was provided (see attached). The bid was accompanied by proper bid security, and we checked references for performance on completed projects with other clients (see attached). Based on our findings, it is our opinion that this Contractor and Subcontractor are qualified and capable of performing the work. Therefore, we recommend the project be awarded to T.J. Paving Corporation, subject to acceptance by the City Council, execution of the Contract Agreement, submittal by the Engineering Contractor of the required Performance and Payment Bonds, and Certificate of Insurance. Sincerely, AND ASSOCIATES, INC. P.E. Proj TEL 305 662 6445 FAX 305 662 6492 H: \040818006\Bidding \020910 SON Multi Ctr Bid RecomAndoc ATTACHMENTS: • Bid Tabulation & Status Report • TJ PAVEMENT CORP.: Memorandum of Clarification from TJ Pavement regarding errors of bid documents • TJ PAVEMENT CORP.: Certificate of Liability Insurance • TJ PAVEMENT CORP.: State of Florida, Division of Corporations Inquiry on corporate status • ALLIED ENGINEERING CORP.: License verification with Miami -Dade County. • ALLIED ENGINEERING CORP.: Certificate of Liability Insurance • ALLIED ENGINEERING CORP.: State of Florida, Division of Corporations Inquiry on corporate status Memo To: Rodrigo Pigna From: Lexy Kaptaine Kimley -Horn and Associates, Inc. Copies: KHA File 040818006 Date: September 13, 2002 Re: South Miami Project C IO2 -0823 Multipurpose Center Onsite and Offsite Improvements Bid Evaluations Suite 220 8603 South Dixie Hwy. Miami, Florida 33143 T: 305. 662. 6445 F: 305. 662 . 6492 Just to recap where we are on the Multipurpose Center bid evaluations for your recommendation: • The bid tabulation was completed on August 30, 2002, showing differences (overages /shortages) where applicable. + Corporate information was checked with the Florida Department of Corporations on all bidders. All are in good standing. • Information originally missing from the bid packages (references) were obtained from Maria Anduiza on September 5, 2002. • Reference inquiries were sent out. The references provided for TJ Pavement Corp. are above average to excellent. • Licenses have been checked with Miami -Dade County Public Works Department, Construction Trade Qualifying Board and the State of Florida on all bidders. • License held by T.J. Pavement (low bidder) requires subconsultant participation with appropriate licenses to do the work. The subconsultant is Allied Engineering Corporation. Allied Engineering has provided their up -to -date license information (verified with Miami -Dade County). Allied's corporate status with the State of Florida is active. • T.J. Pavement's general liability insurance showed expired according to Miami -Dade County records. A Certificate of Insurance has been provided to show insurance is in force. H:1040818006\Bidding\020910 Bid Recom status Report doc FROM ,:T J PAVEMENT CORP FAX NO. :3052201019 Sep. 16 2002 09:27AM P1 J Pavement Corp. ENGINEERING CONTRACTOR. 11401 SW 40 ST. SUITE 335 MIAMI 33165 Ph 305 220 1220 / 305 220 8663 Fax 305 220 101 S 1 305 559 0195 FKK TO: Kbnley Horn FROM: T J Pavement NAME: ley Kaptaine NAME., .lose M. Alvarez Phone: (305) 062 -5445 DATE: 9116102 Fax: (305) 662-8492 PAGES: 1 AncludinQ cover shft REP Muitinumose Cen1jr C„1I12 -0132 CC: Lexy, • After reviewing the prices in the bid for the aforementioned project, we did find that the total amount should be $287,231.53. • On Item: Mist 3: Proper Sign (2 Signs Required). The tvm signs ARE included in the amount of $600.00 ($300/ each sign). Will the City of South Miami Logo be provided for signs? Thank you, Jose M. Alvarez Project Manager 09/10/2002 15:56 FONTAINEBLEAU INSURANCE -�, 3056626492 NO. 309 901 ., CORD CERTIFICATE OF LIABILITY INSURANCE °�sios"°�o ry' aRDO+iceR 305 -227 -0082 FONTAINEBLEAU INSURANCE CONSULTANTS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE $2510 W Fl AGLER$T #120 HOLDER. THIS CERTIFICATE DOVO NOT AMEND, EXTEND OR PRODUCER STREET ADDRESS ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI, FL 33144 INSURERS AFFORDING COVERAGE OtsYREO INBUREa A; 1910 (►J9-u- kAN_EF__C' MANY TJ PAVEMENT CORP INSURER B: 10741 SW 30 ST I— INSURER C. MIAMI, FL 33165 INOUwea n: COVERAGES THE POLICIES OF INSURANCE LISTEO BELOW NAVE BEEN ISSUED TO THE INSURSO NAMEO AEIOVE FOfl THE POLICY PERIOD iNDICATEO. N01WITHSTANOINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE N►AY'BE ISSUED OR MAY PERTAIN. THE INGLIFtANCE AFFORDED SY THE POLICIES DESCAIBEO HEREIN IS SUBJECT TO ALL THE TEO MS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AI;aGREGATE LIMITS SHOWN MAY HAVE BEEN REpGCED BY PAID CLAIMS. y�gp •- --- lvpr; or woURANCE POLICY itumea I DA TF Roo � IDA I � yj I•,... —. —. L114Te Y GlIKKAL LIABILITY X COMMERCIAL DENERAI. LIABILITY 1801670512858R1 12 -21 -01 �l 12-21.02 EACH OCCURRENCB_ FIRE DAMAGE IAnY oho flrol i Q, i 1QD,GoQ CLAIMS MAOf OCtUA MfeO EXP (Anveno goraoM i J,QQ�i IIf PERSO{JAL S qDY INJURY 1 - i � 500,00O �„ (G¢NERAL A�iGAEQATE a SO(},I�LiO ' ,,•� 6EN1 . AGGREGA�T'E LIMIT APPLI¢81'ER: l PRODUCTS- COMPAP ADC, 0 - AUTOW8I1 EILA91LITY COMBINED SINGLE LIMIT ANY AUTO la ooeldonO 0 1111jAL I_ 0WtiEO AUTOS i SQCIIY INJURY SCHEDULED AUTOS (fI 1 IPerporaon) �11 HIRED -TOS I - -- . ` YV -- '.•. -� [s'peiv' ILY l NOW - OWNED AUTO® ssae6rN FROPERTY.DAMAGE i Waracciaantd GARAGE LIABIGTY wuTO DNLY - EA ACCIDENT a ' ANY AUTO t � VEAACC OTHER THAN . 1 i •` - AUTO ONLY: 0.65 I 3 £ACEBS LIAB.IUTV EACHOCGURREMCE i Jr. I OCCUR I_D CLAIMS MADE A6GflEGATE -' ; _ • • ^�_ , DEDUCTIBLE 0... .r# 1. j HETEI�ITiON i ... .. __._. ..__... y I YIiOpIFERB CDMP6N8iiTION AND T RY,IIMI 9 EiI�L0YEK9' LIA°tNri E.L. EACH ACCIDENT _ i f1,019EASE•EAEMPLOYE a 04. DISC AEC -POLICY LIMIT 0 OT01¢A 05®CAtPT10N OF gPBAoT[gNBn OCAT10N6M6NCL8B+EY0WS14Nti ADO@O oY 8N00Rt omi ispiCIAL PROVISIONS, PAVEMENT COMPANY E:ERTIFIGATE KQLQbR 1 A CITY OF SOUTH MIAMI ATTN* LEXI 305 -562 -£492 CANCELLATION SHOULDANY OF TOS ABgYE 096CRIDEO POLICIP8 SE CANCELLED BHFORE THE OXPIRATtOM DAYS TNKREOF. TN® IN0 JIMSURER WALL ENDEAVOR TO WaL DAYS WRITTEIw NoTICB TO __- lF ATE tiaLven tiAi/80 TO THE LEFT, BUT FAILLiAE TO DO 80. 311ALL jl&0%,0A 0611.I0 ,016M OR LIABILITV OF ANY KIND UPON THE WSURER:ITS A°ENTB OR Division of Corporations Floiida Department of State, Division of Corporations Page 1 of 2 Florida Profit TJ PAVEMENT, CORP. MAILING ADDRESS 10741 SW. 30 ST MIAMI FL 33165 'US Changed 01/21/2000 Document Number FEI Number Date Filed P94000060156 650510298 08/16/1994 State Status Effective Date FL ACTIVE NONE Registered Aizent Name & Address ALVAREZ, JOSE A 10741 SW 30 STREET MIAMI FL 33165 Address Changed: 01 /21/2000 Officer/Director Detail http: / /ccfcorp.dos.state.fl.us/ scripts /cordet.exe ?al = DETFIL &nl = P94000060156 &r. 9/9/2002 Name & Address Title ALVAREZ, JOSE A 10741 SW 30 ST. PTD MIAMI FL 33165 ALVAREZ, MARIA 10741 SW. 30ST. SD MIAMI FL 33 -165? http: / /ccfcorp.dos.state.fl.us/ scripts /cordet.exe ?al = DETFIL &nl = P94000060156 &r. 9/9/2002 Division of Corporations Page 2 of 2 Annual Reports Report Year Filed Date Intangible Tax 2000 01121/2000 11 -� r 2001 01/23/2001 2002 02/07/2002 ss 3 iC c , w $y No Events No Name History Information View Document Images) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /ccfcorp.dos.state.fl.us/ scripts /Cordet.exe ?al =DETFIL &n 1= P940000601566... 9/9/2002 0911012002 14:39 3055547197 'OS /iU /UZ 'TUb 1U:67 tAA SUa OUZ 04VZ li2DS ay -3iunm VAIJ151AND PAGE 02102 gU vvr. Enonecriag & Cossamcdon Department Contractor References Based on Experience, AbUity and Financial Standir g TA Pavement Corp. is a potential contrar er for one of the City of South Miami's projects. It is our practice to obtain references from individuals and companies who he ve worked with a potential contractor for the City. T.J. Pavcmcnt Corp- has included you = Vor your company to provide us wttb such reference. We would greatly appreciate your prompt -esponse to the following inquiry as it applies to the natn of your relationship with the co atractor. Those that do -not apply should be lest blank. 'Kindly rate the contractor as follows: Ii- poor 2 - average 3 - above average 4 - very good 5 - "Cellom i0tin the bud Y w {'' � •.7 ,k. � 4 l rj.0 " '.{�'. y 1:144 4 I I 1 .1 x l E. Famdence In their fine of work_ Additional Coniniientt (May Indicate ►fit projectIt mneaction wKh contraMr Re€crence given by, AV-F-- , A7s 4"=-7. e . Name & Title TEES LA Cop ST"gaCr i'V Z Campiuty qOJ SO S Z4 -ttt• Sr, Address -t,4 M_I- PL 3�5 1''a5 City /stalp Telepfwna Refarsnce Cheek eu iVeted by: Name: Alexandra Kal mine Data: Septernber 10. 20(Y2 ~� If you have any gwktioa about this form, p1me call at (305) 568 -7354. 11=k you. rr5oim +eAa�+t+aiYuaznelai+e�a� �,�Ya,m.r Y,eva a. Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Stanch g . T.J. Pavement Corp, is a potential contractor for one of the (.it,,.() F South Nji=i s pro] C -cts. It is our practice to Obtain reieTLMces from individuals and companies -'X-ho have worki:d wii a "t potential contractor for the City. T.J. Pavement Corp. has inci aded YOU an( Jor )Our cotnFany to provide us with such reference. We would greatly appreciate Your prompt -esponse to zht following inquiry as it applies to tLe nature of your relationship with ncc co nVaci ;)r. Those that do flat ;apply should be left blank. Kindly rate the contractor a! follows: 1- poor 2- average 3 - above average 3 vcn good line of work. 1 1 2 i - exceilenf T_v • � 7 J Comments (May indicate last projectltmnsaction with contractor •: Re %retsee given by: Refercacc Check com iucted ley: !vane f isle !C}%A ki . �! az1�V lJ'� _ Name: - �lexaadra i�at Leine Company tc {(—' j, e!. Date: Sern�rrihvr 1 U, t)f}2 _ _ Y UIz> Ub Address .jq ZS lilt! 2 5 S ► ___ _._ _�_ Ciry!Sd27P a F:'� 3l42, If you have Any question about this form, please call at (3 05) 669 -7354. Thank you. li:i0it1818L10fili3RlflilgWrf%X # i $Md4 Refemnm.frm.ODC 0 ' d 9966 12-2 902 NOI i3nH1SN00 arw Wd a �S: Z0 3111 c.0- OT -daS 09/- 5EP:10.200210 1_17PM 305PORT OF MIAMI KIILEY -BORN DADELAND N0.423 P.2 Zo09 J Engineering & Construction Department Contractor References Based on Experience, Abiility and Financial Standil tg 1C T.J. Pavement Corp, is a potential contractor for one of the City of Soutl- Miami's projeets. It is our practice to obtain rcfercnces fro individuals and companies who hgvc worked with a potential contractm For the City. T.J. rk vement Corp, has included you and /or your company to provide us with such reference_ We word greatly appreciate your prompt response to the following inquiry as it applies to the nq$ure'of your relationship with the co ntractor. Those that do not apply should be left blank. Kindly rate the contractor as follows: I' I- moor 2 - average 3 - above average 4 - very goon 5 - excellent x Reference given avy; Roference. Check coed icted b Name & Title Gc�N S-rRxG'ro >� 1�i��NZ. Name: Alexandra Kapi line Company Date: Scpte nber 10,:002 �;�A+��- - SSA- Po►2T° , Address � Y City /stop Z'j 3 z Telephone �3vS 7— 4�S�a r If you have any question about this form, please call at (305) 668 -7354_ Thank you, MW60974139G IiIddir00209ce 50Mi Ra7f�RfnCe,fmi.uoe 5 01 1 9 2.71 Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing T.J. Pavement Corp. is a potential contractor for one of the City of South Miami's projects. It is our practice to obtain references from individuals and companies who have worked with a potential contractor for the City. T.J. Pavement Corp. has included you and/or your company to provide us with such reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature of your relationship with the contractor. Those that do not apply should be left blank. Kindly rate the contractor as follows: 1- poor 2- average 3- above average 4- very good 5 excellent OOOD ®i Reference given by: Ra bli 550. Reference Check conducted Name & Title C i 8 G6 rd ina Y Name: Alexandra Kaptaine =Mc � Company !@ - _ 1 _ Date: September 10, 2002 Address (( N l y 1 SfC.�I -e. '_ l4 ZD City /SdZIP � o mF-i- 33 1 Z V / Telephone 305. 1 -75, 39 3/ V;kx 3� �. 37� q-7 If you have any question about this form, please call at (305) 668- 7354.. Thank you. H:104 081 8 0061Bidding1020906 SoMi ReferenceAndoc FROM':T J PAUEMENT CORP Sep-11-02 04:21P FAX NO. :3052201019 Sep. 11 2002 04:32PM P2 P_ol 249960-z BU91MG08 NAME I LOCATION AS4jj 0S5Nj%EERICOUNTY Na CORP 1 2 S 0 UNIN j BADE T OWNER ' ALLIED ENGINEERING CORP Sec. Tvve ci suonmI 196 SPECIALTY ENGINEERING CONTACT FIRST -CLASS U.S. POSTA011 PAID MAUL FL PaPlAir Alo. =1 RENEWA UGZAM "a haz zus c c 130 00 NOT FORWARD ;zr;wfmEk;2= JbLIED ENGINEERING CORP GE VILA 239R3S Slol 252 ST MIAMI FL 33032 SEE OTHER 5101 PAN! W!441 PERSONAL CEATJ�JCATE ELLjfijlLITY EXPI ON OU30 0 2 VILA J2RGr SS#2 1-12-J 2565 WORKERS 3 TRADE: ENGINEERING SXILLS ELIGIBLE PIPE LINE ENG PAVING ENGINEERI O EYXAU b GRADING Cartiftate Not VaIll For CMIT&MV (:';IjNIY N' % I Fffff T, Slh I E- 1h11) $RNTRACTOR ADES ENGINEERING itiJ CALTrGORY(F.j: BUSINESS w PIPE LINE ENG CER71FICATE OF CQMPETENCY = PaVING 6NGINEER1 iXPIRES UN 09/30/2001 EXCAU & GRADING ALLIED ENGINEERING CORP 'D C.C. No.: E130 0 A VILA JORGE J S:S:3NO*: 261-72-2565 5iry una r-4 Oua%inq Agent FhANCISCO J. QUINTANk 1% A. PLACE PHOTO HERE FROM :T J PAVEMENT CORP FAX NO. :3052201019 Sep. 16 2002 04:25PM P2 Sep -16 -02 04:14P P_01 R1 CERTIFICATE OF LIABILITY INSURANCE , 08,01/2002 PRODUCER �tsaurance Alternatives, Inc. 175 Fontainablanu Blvd., THIS CERTIFICATE IS BRUNO AS A MATTER OF INFORMATION ONLY AND CONFIMB NO RIGHT$ UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES MOT AMEND. F.XTENQ 'OR ALTER THE COVERAGE AFFORDED BY THE Uj&j§_ujL0W. lNSLIRERS11P60RDING+CQVERAt�E Suite 2G1 KL=i FL 33172 -ASll " INSURED Desupa Audaban lndmrUty Co. Allied Engineer±ng Corp. e/a Jorge Vila jmSUFIFFt 13935 B.W. 252nd Stvaet E 1,OOp,4Dv lNFL)RGq R S 50 , Q00 Miami FL 33032— INSURER E: rrticosr_c.x THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A90NE FOR IME POLICY PERIOD INDICATED. NOrMTHSTANOING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V*TN RE$PEOT TIC WH✓IC14 TM 6 CGRrIFICATE MAY 6E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED +9Y ,THE POLICIES DESCRIBED HEREIN Is $UBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCFI FICUCI68, ACCRE45ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS i R TYPE OF 01SURANCE POLICY NLIMMR Poucr E"rcTwE amminswoorm POLOW EXPIRAMON on • LIMITS CWLII4L IA i,) X ERCLAL GENERAL UABLITY CuuNS MADC IX OCCUK OCCO4697OR 07/2912002 07/29/2003 CAtmacamwNrF E 1,OOp,4Dv DAMAGE onafire S 50 , Q00 $ 5,000 PERGONAL a AN INJURY 1 1,000,000 C•ZNERALAG6RP6AIE s 2,000,000 GCN'L^GGFV- GA*ELIMpy�IITAPPLIESI'fk X !`DLICY PE4I Lac rRQ 1Ur5.CCME+)OPAGG 8 1,000,000 Au TOMOIRLELIMILUY ANrAUTU ALLOM1MAUTOS IiCHEONLEO AUTOS HIRED ADIOS 1`40140 MEUAUT05 1 t / / I I t l / % / / GY:t�lw>;G SiNCK.F LG1Ir teaammmiy I SCOUritIdVRY :parr/ e WQILV IN]UR,# (Vv 0074") S P>ROPSRTVDANAQE cP«aaaa.�4 s GARAGEUABILITY ANYAIJTO I / f f / ii1IT00NLY- RAitCGIUEl9T S OTWERTIPON PAACQ AUTO ONLY: ' 4013 S 8 LH excliss UABIU'IY Ocum D CLJUM3 MADE 0EOUGT6LE s 1 / rn u A4p" s AGGRIM,ATE s : . a e`RETENTION RB� N Aa &LpW / / % % R . £R E.L. EACH ACCIDENT ' S Cl. DISG�C.F4'rc4pI4YC -F 5 E R CIii1L•R pCOGRp�'fIOT7 Gr 4PERATIONYtLOCAT19N8KEHIQEE &EXCL�181QIi8 A4DED BY ENDOR6EMElITI6PECIR4 PRQVIEICNB aawtitieaee heldat fax B1 (305) '375 -2558 SHOLLO ANY Oi TSE ABOVE DESCRIBED FGCIGM BB CAKCE 1 ED BEFORE THE ExmpAIWM DATE TMIERMIR. THP MSUIHG I;NSVRBR MK CWWAVOR TO NAIL 30 mys wwrra NOIRE TO TIA CURTIRCAYi HOLDER NAMED TO TIIE LEPt, Wr minsni Dada Cotutty FalLenze To 0090 scat t IMPOSt: wa oeuanrleu oR LN9kI1Y of AN1P!(IND uPON,„e Building fi Zoning Dapt. INsuRCre,.I 111 NW let Street, Suite 2010 AuTnoq¢EVRReRS49WM2Ma ' _ • Miami FL 33128- 4 ,.:�.� ACORD 26.3 (7!871 0 ACORO CORPCIRATION 1955 %' IN6426S1SS1oIt' rix;;T ONIC LASFRFoRNs. we. - wx1j!v7 -am$ 11zpo 10f2 Division of Corporations Pagel of 2 Florida Deparbijent of State, Division of Corporations -Pi1bhc luquiry Florida Profit ALLIED ENGINEERING CORPORATION PRINCIPAL ADDRESS 13935 S.W. 252 ST MIAMI FL 33032 -5405 US Changed 04/23/1997 MAILING ADDRESS 13935 S.W. 252 ST MIAMI FL 33032 -5405 US Changed 04 /23/1997 Document Number FEI Number Date Filed S23619 650235697 01/09/1991 State Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date REINSTATEMENT 06/20/1996 NONE Registered Agent Name & Address VILA, JORGE J. 13935 SW 252 ST MIAMI FL 33032 Address Changed: 03/23/1999 Officer/Director Detail Name & Address Title VILA, JORGE J. 11346 SW 85 LANE P MIAMI FL 33176 VILA, JAVIER O 87855 W 144 ST. MIAMI FL 33176 Ir Vp http: / /www.sunbiz.org/ scripts / cordet. exe ?al = DETFIL&nl= S23619 &n2 =NAMFN 9/12/2002 Division of Corporations Page 2 of 2 �.- ...,- -.- ..... ................... Annual Reports View Events No Name History Information View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /www.sunbiz.org/ scripts /Cordet.exe ?al= DETFIL &nl= S23619 &n2 NAMI... 9/12/2002 ear Filed Date Intangibl0 06/06/2000 F 11 05/21/2001 04/09/2002 View Events No Name History Information View Document Image(s) THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http: / /www.sunbiz.org/ scripts /Cordet.exe ?al= DETFIL &nl= S23619 &n2 NAMI... 9/12/2002 coo 0 0 0 o 0 0 0 0 00000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'O O O 0 0 0 0 0 0 O O O O D 0 0 0 0 0 0 0 0 0000OD00OD 0000000 000O0ooO 00` CL IQ q q M q Ili q q M M C9 q Cli Cli q q Cl O l� C� 0 0 0 CA 0 CA o 0 CA 0 07 C� O� CA d� CA Alma Od �OCA� 0 oO W 0 O0O0oOO W � N N r r r r r r r r r e- r r r r r r V- Z 3 1611316%1 Oa m GP} 64 VD- % 6Q .A- 64-16%J69-16%J0, fA eR- bfi bg 69 6F} O O '♦i� 1- O O v/ 00 _ N O tC! r O g Nq Q ��++ W N w Q oL � Y CL v �k U C.5 G per, w N N N C a N N N L N 85 Coo ;3 L 0 � N ♦n Z M MVM V tJ � o � r o Q N W' CD d ♦ ♦ w N O Z a CD 0�U N jL E C Z F- O N O o oQd E N cn = 06 a V LL''O^^ T w 46 CCU �. W Y U.S. DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT FY 2001 EDI- SPECIAL PROJECT GRANT Agency: City of South Miami Project: Infrastructure Improvements Project Budget FUNDING SOURCE PRIOR FY01 -02 FY02 -03 FY03 -04 EDI 0 0 340,000 0 Total Funding Sources EXPENDITURES MULTIPURPOSE CTR (Exterior) AIE Construction Sub -Total DOWNTOWN IMP A &E Construction Sub -Total Total Expenditures � �b28�bs CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 29, 2002 t FROM: Charles D. Scurr RE: Agenda g nda Item # 1 City Manager Comm. Meeting: 11 /04/02 Re: Authorization to execute Agreement for Routine - -- -Canal Maintenance with Miami -Dade County REQUEST: 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 MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT OF THIRTY -EIGHT THOUSAND ONE HUNDRED THIRTY THREE DOLLARS ($38,133); PROVIDING AN EFFECTIVE DATE. BACKGROUND: In an effort to continue our routine canal maintenance partnership, Miami -Dade has submitted the attached agreement for maintaining our Ludlam Glades and Broad Canal systems. With this agreement, Miami -Dade county will provide Culverts (above & below) maintenance, Chemical Treatment and Obstruction Removal services during the year. In addition to the services to be provided by Miami -Dade County, we are currently requesting for proposals from private contractors for Trash/Debris removal, Biological Control, Bacteria Monitoring, Water Testing and Border Grass & Brush Control to water's edge. For your information, we have confirmed that the canal system's dredging design plans are in progress through the county consultants. Although the engineering design plans for the canal system dredging is in progress, it is not likely that actual construction activities will commence until summer 2003, at the earliest. If in fact the construction commences as scheduled, the activities within the attached agreement will be stopped and the City will only pay for work completed to date of dredge construction commencement. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. continued... / Page 2 of 2 Comm. Meeting Agenda November 4, 2002 ATTACHMENTS: fa Proposed Resolution U: Copy of Agreement with Miami -Dade County 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 ENTER INTO AN AGREEMENT WITH MIAMI -DADE COUNTY FOR A ONE YEAR ROUTINE MAINTENANCE OF THE LUDLAM GLADES AND BROAD CANAL FOR AN AMOUNT NOT TO EXCEED THIRTY -EIGHT THOUSAND ONE HUNDRED THIRTY -THREE DOLLARS ($38, 133); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami, Florida, wishes to provide routine canal maintenance along the Miami -Dade County canal (Ludlam Glades and Broad canal) systems within the City; and WHEREAS, a Memorandum of Agreement has been created between Miami -Dade County and the City of South Miami for the purpose of sharing the cost of the routine maintenance; and WHEREAS, Miami -Dade County shall provide canal maintenance services as set forth in the Memorandum of Agreement for the Ludlam Glades Canal, from SW 52nd Street to SW 80'' Street and for the Broad Canal from South -side of SW 58th Street culvert to SW 64h Street; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1: The City Manager is authorized to enter into an agreement with Miami -Dade County for the routine canal maintenance. Section 2: That the City Manager is authorized to expend the amount not to exceed $38,133 from the Stormwater Budget for the two maintenance cycle of Culverts - above, one maintenance cycle of Culverts- below, four cycles of Chemical Treatment and two cycles of obstruction removal. Section 3: That the attached Memorandum of Agreement for the Canal Maintenance between Miami -Dade County and City, be made a part of the resolution. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY , 2002. APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: MIAMI -DADE COUNTY, FLORIDA MIAMI•DADE 7 MIAMI -DADE COUNTY STORMWATER UTILITY 33 S.W. 2ND AVENUE, SUITE 200 June 18, 2002 MIAMI, FLORIDA 33130 -1540 (305)372 -6688 FAX (305)372 -6636 Mr. Charles D. Scurr City Manager City of South Miami 6130S unset Drive South Miami, FL 33143 Re: Attachment "B" Dear Mr. Scurr: Enclosed for your approval, please find "Attachment B for the Miami -Dade County Stormwater Utility and the City of South Miami Shared Costs Interlocal Agreement. Shared costs on shared drainage systems are shown for fiscal year October 01, 2002 through September 30, 2003. Please sign the attached indicating acceptance for the City, and returning same along to us for presentation to the Board of County Commissioners as soon as possible. Please send your acceptance letter to the address below: Miami -Dade County Stormwater Utility 33 SW 2nd Avenue, Suite 200 Miami, FL 33130 Attn: Vencella Burnett If you have any questions please contact Vencella Burnett at (305) 372 -6670. Sincerely, Herb'$alfour, Acting Chief Stormwater Utility Section Enclosure Attachment "B" Cc: Fernando Rodriguez, Public Works Director David K. Goodin, Project Manager RE M MEMORANDUM OF AGREEMENT This Memorandum of Agreement by and between Miami -Dade County Stormwater (Utility) and the City of South Miami (City) is made for the purpose of sharing the costs of routine maintenance of the Miami -Dade County canals that serve the City of South Miami. The canal maintenance responsibilities and agreement conditions for the City of South Miami and the Miami -Dade County Stormwater Utility are as follows: 1. — This Agreement is effective October 1, 2002 and terminates September 30, 2003. 2. — Definition of terms: Culvert Cleaning Above Water: Shall mean removing litter and mowing the grass over the width of the right -of -way in the area immediately over the existing culvert, as well as, removing floating debris at the culvert mouth. Culvert Cleaning Below Water: shall mean mechanically removing large debris and materials deposited immediately in front of the culvert mouth as well as within the culvert pipe itself. Herbicide Chemical Treatment (Aquatic Weed Controls shall mean application of herbicides in secondary drainage canals to reduce the amount of aquatic vegetation for the purpose of providing adequate flow for flood protection purposes. Mechanical Harvesting (Aquatic Weed Controls shall mean the physical removal of aquatic vegetation for the purpose of providing adequate flow for protection purposes. This service can only be performed in certain secondary drainage canals where access, canal depth and water depth allow the specialized equipment, required for this service, to be used. Bank Slope Mowing: shall mean occasional mowing of certain canal banks within canal right - of -ways and canal maintenance easements, where access is not prohibited; the purpose of which is to abate the growth of woody vegetation that would prohibit access to the canal by large maintenance equipment in the event of a natural disaster, or other emergency. Obstruction Removal: shall mean the elimination of water flow restrictions caused by large debris or fallen trees, in order to provide adequate flow for flood protection purposes. 3. Costs provided below are projected costs at the cycles per year indicated, and are the maximum costs authorized under this Agreement. 3. — The CITY and the UTILITY will each pay their share of the actual expenses incurred, not exceeding the authorized maximum amount shown in paragraph 5. 5. — The Utility shall provide canal maintenance services as set forth below for the Ludlam Glades Canal, from SW 52 Street to SW 80 Street and for the Broad Canal from the South side of 58 Street culvert to 64 Street, up to the level of cycles and cost projected below: ATTACHMENT "B" MIAMI -DADE COUNTY STORMWATER UTILITY (UTILITY) AND CITY OF SOUTH MIAMI (CITY) SHARED COSTS ON SHARED, DRAINAGE SYSTEMS Fiscal Year Projected Costs October 01, 2002 - September 30, 2003 Summary: *Ludlam Glades Canal Maintenance Estimated Cost At Current Level of Service Level of Service (LOS) Task Cycles/Year Cost/Year Culverts above 2 $ 3,2001 Culverts below 1 $ 9,600 Chemical 4 $ 51,100 (Additional Chemical Treatment on call by the City on call at the same unit price) Obstruction Removal Contingency $ 3,0002 Slope Mowing 0 $ 0 Sub -Total for FY 2002 -2003 $ 66,900 *Estimate includes maintenance of Broad Canal South of SW 58"' Street. 1 The City will provide these services. and not incur this cost through the County. 2 The City may elect to remove obstructions with City resources, and not incur this cost through the County, or County resources will provide this service at the stated cost basis. Either the City or the County may call for obstruction removal. SHARING OF COSTS City's Share 57% of $ 66,900 $ 38,133 Utility's Share 43% of $ 66,900 $ 28,767 Total $ 66,900 NOTE: The CITY and the UTILITY will each pay their share of the actual expenses incurred, not exceeding the above amount. This Attachment "B" is agreed upon and accepted by the partying signing below: City of South Miami, Florida Charles D. Scurr, City Manager Date OCT. X1.'2002 10:52A l NO 352 P. MIAMI-DADE COUNTY, FLORIDA October 31, 2002 W. Ajibola.Balogun, nw Public Wo:rlQ Director City of $outh Miami 4795 SW 75th Avenue, South Miami, FL 33155 ENVIRONMENTAL RESOURCES MANAGEMENT WATER MANAGIFIARNT DIVISION SUITE 200 33 SW 2nd AVENUE MIAMI. FLORIDA 33130 -1540 (305) 3?Z6529 FAX (306) 372-6459 R-.: Memorandum of Agreement between the Miami-Dade Cowity Stormwater Utility and the City of South Miami for sharing the cost for maintenance of the Ludlum Glades and Broad Canals Dear 'Mr. Ralogm: 'phis is to confinn issues discussed with you on our conferenoe call with Herb Balfour, LiTerim Stormv, ater Utility S ection Chief You have expressed concerns raised by City officials that the dredging of tbeLudlura Glades Canal scheduled to start in Ja-auary 2003 should result in lower maintenance costs. indeed, this fiscal year we anticipate less maintenance need for this canal as a result of the dredging activities. However. should the dredging project be delayed for unforeseen circumstances, as is often.the case ivith' Capital Improvement Projects, this agreement allows for reimbursement to the County up to the cost for the standard level of maintenance provided to these canals to continue. Items 3,4 mid 5 of this agreement clearly state the estimated cost of maintenance of this ow.al is a maximum cost estimate. The City , is to be charged for the actual expense of maintenance. Should you have any additional questions.. YOU Can contact ine at (305) 372-6950 or Mr, Herb Balfour at (305) 372-6422, Sincerely, Antonio Cotarelo, P,E., Chief Water Management Division AC.-ma C: Herb Balfour South Miami CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM ?001 PARKS & RECREATION DEPARTMENT TO: Mayor & Commission DATE: November 4,2002 FROM: Charles D. Scurr SUBJECT: Agenda # City Manager Commission Meeting November 5,2002 REQUEST This resolution seeks approval to release $35,880.00 from Account 001- 2050 -519 -3450 to Native Tree Service Inca for landscape maintenance services and litter removal from the City's USl and Sunset medians. BACKGROUND & ANALYSIS For several years the City has used Recio Landscape Inc. to provide maintenance on the City's medians. The Parks & Recreation Department believe a new direction must be taken in order to provide the City with quality service and enhanced maintenance. Native Tree will maintain medians on a biweekly basis (mowing, cutting, pruning, trimming, weeding, and litter removal.) Native Tree will also remove and replace dead or diseased plant materials. Native Tree Inc. is a local company providing excellence in landscape maintenance, quality materials and outstanding customer service for over 16 years. Native Tree Inc. has been contracted by many of our local municipalities and is currently on an open bid with Miami Dade County. Our medians are main arteries providing us with an opportunity to showcase our City. Native Tree will take us to the next level of aesthetic excellence we seek. Account Balance is $35,000.00 RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE 'MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CHANGE VENDORS FOR THE US -1 AND SUNSET DRIVE MEDIAN MAINTENANCE EFFECTIVE NOVEMBER 5,2002; PROVIDING AN EFFECTIVE DATE. WHEREAS, The performance of maintenance on City medians has dropped off, and WHEREAS, The City has worked on several projects using Native Tree with great success; and WHEREAS, Dade County and other local municipalities are using Native Tree on several of their medians and landscape projects; and WHEREAS, The quality of work would be enhanced using Native Tree NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section L Native Tree will be contracted to provide landscape maintenance for US 1 and Sunset median. Section 2. The City Manager is hereby authorized to release $35,880.00 for 12 months worth of landscape maintenance to the City's medians. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of November 5, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Russell Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: ............................................................ 09/30/2002 10:44 3052388878 'K. Y TIE Tree Service hic. 15733 SW- 117-4-ye Aliarni, FL 331:57' Monday, September 30, 2002 PROPOSAL for Maintenance at City Of South Miami Varied addresses prepared by Rayne Tomasetti, Certified Arborist Native Tree Service, Inc. PAGE 02/03 U'dr Uk :2LlU!� 1b: 44 3052388878 NATIVE Tree Service Bic. 15 733 SW 11{Ave Miami, FL 33157 Monday, September 30, 2002 Naive Tree Service, Inc. (305) 235 -1178 (305) 238 -8318 City Of South Miami 6930 $W 72 St Miami, FL 33143 - Account Key - 11903 Proposal - 105418 For service at Varied addresses '•► "'' 1 rar "i PACE 83/0 Thank you for choosing Native. Our professional staff looks forward to giving your property the care it deserves. All companies are not alike. Our service is exceptional, We believe that you will appreciate the difference in quality. We hereby propose to furnish material and labor to provide service following: Service _. Qty Amount _ Tax Total Landscape Maintenance 24 $1,495.00 -- Landscape Maintenance Services and Litter Removal Maintain by mowin+gloutting, pruning, trimming, weeding and removing litter on landscaped right -of way- madians located on: "US 1 from SW 57th Ave to SW 130th St *Sunset Drive (SE 72 St) from US1 to SW 89 Ave Work also includes the removallreplacement of dead or diseased plant material with replacement materials to be furnished by'the City Terms: Services to be twilled upon completion of each cut and due upon receipt. $0.00 $35,880.00 The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work indicated above in the sum of $ Customer Signature date Contractor is not responsible for unintentional damage to landscape, lawn, pavement or sprinklers which results from the use of specialized tree equipment. Total: $35,880.00 Page 2 AD --••�, C OUN 'ry' FL MAN /% es�rr► ST�PHFN P C Q�AlT eR �EP,�g7yyENT QT MIgMI r L jR'IDAR 37 Raar OFF Tp EPROC $ 7s70 Oz,1V'+DTrC�. '.arcb 20, 21p Tree TO R TNT aMOvalS Iii an C p�,,r T R• 19 CR.A. m) °12tract 621467 r A Native rre 15733 S.W. 1 Y � ices' � � accor��Ce 'IO�da 33177 ue rh�ec ofe the terms Of �'hi ed to c °�me cer�, � �de� in �� °� Fact with �i � c °n�act r'a far � �e�o � °f �� eFfect��� �� � #ions pro�e c'e C��� fcr expnSs Sarah cfiIS I74tIC °cu are heree t�atract �er14dr 73 19, 0 Calendar, days. a�4. cc; Files F � ee �irisia. �n (F x. 1epl 13.} nstan t 1 ^ . L7irectors Pzver » .... r as P.R., E9us/ 0APn , rtu�rty/flanpf�sp E 10/28/2002 16:41 3052388878 PAGE 01/01 15733 SW 117 Avenue Miami, F), 33177 Telephone; (305) 238-1178 Fax, (305),238 -8878 • r. October 28, 2002 Ana Garcia A Native Tree Service was incorporated in 1986. We have worked . for the following municipalities (to mention a field }: Vill lag,e. of Biscayne Park iami -of C4y` V.-I 'a Virginia Gardens V-11--'ago of El Portel 'City of North Miami Beach City of Opa Locka CitY of Miami Parks City of Hialeah Parks a-nd Recreation IMIA 1(N -CAPE C0UN •!, `CRIDA MIAMI- DADE+ NOTICE TO PROCEED EFFECTIVE DATE OF NOTICE: March 28, 2002 NANIE OF PROJECT: PROJECT NUNIBER: CONTRACTOR: a " T , =�G;;, FILE COP f ®` STEPHEN P. CLARK CENTER PUBLIC WORKS DEPARTMENT SUITE 1610 Ill N.W. FIRST STREET MIAMI. FLORIDA 33128 -1970 Annual Roadway Landscape Maintenance Service Contract No.3 Zone D 621462 A NATIVE TREE SERV ICE,Inc. 15733 SW 117 AVE Miami, Florida 33157 In accordance with the terms of your contract with Miami -Dade County for the perforrnance of the work included in the above captioned project, you are hereby au°thorzed to commence work, as of the effective date of this notice. This contract is for a period expiring. March 27, 2003. Contract Period: 365 Calendar days. Sincerely; •,-'Arisrdes Rivera, P.E., P.L.S. Director cc: Files Finance Division (P.W.D.) Finance Department R.A.A.M. Division Equal Opportunity/Handicap Eritployer/Services. GENERAL SPECIFICATIONS GENER4L SPECIFICATIONS 1. DEFINITIONS: Wherever the words "Board of County Commissioners ". "Chairman. Board of County Commissioners ". or other similar statements appear in these Contract Documents. they snal interpreted to mean "County Manager of Miami -Dade County. Florida ". if applicable within the intent of Resolution No. 6182. duly passed and adopted by the Board o* County .Com issione-s of Miami -Dade County. Florida on January 17. 1961. which provides in par: tna: the ::aunt% Manager shall execute all Contract Documents for and on behalf of Miami -Dade Count%. As an exception to the above. Bonds and Insurance Policies shall still be written in the name - of Miami -Dade County. Florida and its Board of County Commissioners. Whenever the following terms or pronouns in place of them appear in the Contract Documents. the intent and meaning shall be interpreted as follows: a. County: Miami -Dade County. Florida, the public body. a9ency. or instrumentality wnich is a party hereto and for which this Contract is to be performed. b. Commission or County Commissioners: The present Board of County Commissioners of Miami -Dade County, the legal representative of Miami -Dade County. Florida, or their successors in office. C. County Manager: The administrative agent acting for and on behalf of the County Commission. d. Department: When the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction" are included as part of the Contract Documents (specifically so indicated in the Special Provisions). wherever the term "Department". "State of Florida Department of Transportation" or "Director" appears, it shall be understood to mean the "County or the "Engineer" as applicable. and as defined herein. e. Engineer: The Director of the Miami -Dade County Public Works Department or his authorized assistants. f. Force Account: Basis of Payment for "Extra Work ". g. Inspector: An authorized representative of the "Engineer" assigned to make all necessary inspection of the materials furnished by the Contractor and of the work performed by the Contractor. h. Bidder: Any individual, firm, or corporation submitting a proposal for the work contemplated. acting directly or through a duly authorized representative. Page 1 of 17 GENERAL SPECIFICATIONS i. Contractor: The party of the second par. to the Contract. The person. firm. corporation. holders of a current Certificate of Competency applicable to the tyee work to be performed. with whom a Contract has been made directly or tnrouc, accredited representatives. that may have entered into a Contract witn Miam, -Daoe County. Florida. and who is primarily liable for the acceptable performance `'of the work for _which he has contracted and also for the payment of all legal oect; pertaining to the work. j. Subcontractor: A person. firm or corporation supplying labor and materials or laoc- for work under subcontract at the site of the project. k. Emergency: A temporary unforeseen occurrence or combination of circumstances wm crr endangers life or property and calls for immediate action or remedy. 1. Surety: The corporate bond company or individual which is bound by the Contract Bond with and for the Contractor. who is primarily liable. and which engages to be responsible for his acceptable performance of the work of which Contract has been made and for his payment of all debts pertaining thereto.. M. Plans: The official approved Plans. or exact reproductions thereof. which show the location. character. dimensions. and details of the work to be done and which are to be considered as a part of the Contract supplementary to this agreement. n. ecifications: The directions. provisions. and requirements contained herein or attached hereto. together with all written agreements made or to be made. setting out or relating to the method and manner of performing the work or to the quantities and qualities of materials and labor to be furnished under the Contract. o. Contract: The Contract shall include the "Instructions to Bidders" "Proposal ". "Plans ". "General Specifications ". 'Special Provisions". and "Contract Bond ". also any and all Supplemental Agreements required to complete the construction of the Project in a substantial and acceptable manner. P. Contract Bond: Also known as the "Contractor's Performance and Payment Bond" or "Performance Bond ". A Cash Bond. furnished by the Contractor. or a Surety Bond furnished by the Contractor and his Surety as a guaranty of good faith that he will execute the work in accordance with the terms of the Contract. q. Bid Bond: A Cash Bond furnished by the Contractor or a Surety Bond furnished by the Contractor and his Surety with the bid as a guaranty of the Bidder`s good faith. ability and readiness to execute the Contract and the Contract Bond. Page 2 of 17 GENERAL SPECIFICATIONS r. Special Provisions: Specific clauses including the "Instructions to Bidders" anc tn. General Covenants and Specifications and Supplemental Agreements. if tnere be and. setting forth conditions peculiar to the projec_ unaer consideration. S. Cash Bond: A certified check or cashier's check furnisneo by the Contractor in lheu-o-f a Surety Bond for either a Bid Bond or a Contract Bond. or a Maintenance Bond coverinc the same required amounts and providing the same guarantee as contairec 1r the respective Surety Bond. A certified check or cash amount shall De furnisnec simultaneously with the respective. completed approved form of Cash Bona Droviaec the Contractor previously by the County as part of the Contract Documents. Tne Contractor may deposit the above mentioned check or cash with the Finance Director of Miami -Dade County prior to the Bid opening date and attach a receipt from the above County Officer to his bid as evidence of his compliance with the requirements contained herein. t. Maintenance Bond: A -Cash Bond or approved form of security furnished by the Contractor or by the Contractor and his Surety as a guaranty of good faith that he will perform any maintenance or repairs in accordance with the terms of the Contract. U. Material: Materials incorporated in the 'Project. or used or consumed to the performance of the work. V. Substitution of Securities for Retainage: Substitution of Securities for Retainage will not be accepted by Miami -Dade County. 2. PLANS AND SPECIFICATIONS: - The specifications referred to herein shall include General Specifications and Special Provisions written by Miami -Dade County and attached hereto. The Plans and Specifications. along with all other documents that make up and constitute the Contract, shall be followed in strict accordance as to work. material. and dimensions except when the. Engineer may authorize. in writing. an exception. Dimensions given in figures are to hold preference over scaled measurements from the drawings: however. all discrepancies shall be decided upon by the Engineer and the Contractor shall not proceed when in doubt as to any dimension or measurement. The Contractor shall be furnished four (4) copies. free of charge. of the Plans and Specifications: two (2) of which shall be preserved and always kept accessible to the Engineer and Contractor's authorized representatives. Additional copies of the Plans and Specifications may be obtained from the County at the.cost of reproduction. Page 3 of 17 GENERAL SPECIFICATIONS 3. INTENTION: It is intended that these Contrac ,—r Documents and the accompanying Plans wm cn make up and constitute the Contract shall cover all aspects of the work with expllcl: provisions and it is understood that the Contractor has. by personal examination and inouirti ,° necessary. satisfied himself as to the local conditions and as to the meaning. requirements and reservations of the Specifications and Plans: for after the letting. no deviation will be allowed from the Engineer's interpretation of the Plans. Specifications and Contrac:. it Case errors or omissions are discovered. they are to be corrected or sumli eC b� the Contractor without extra cost to the County according to the apparent intention e' :n designing engineer. Work or materials strictly extra are hereinafter provioec for 4. NOTICE AND SERVICE THEREOF: All notices given by the County under the provisions of t m s Contract shall be in writing and services of same may be served in any of the foliowinc manners via: a. By delivery of such notice to the Contractor or to any officer of the Contractor Jf said Contractor be a corporation, or to any agent or superintendent of the Contractor. b. By mailing such notice by Certified mail to the address of the Contractor shown on the Contractor's Proposal for 'bid. 5. DATUM: All elevations are referred to U.S. Coast and Geodetic Survey Datum. unless otherwise noted on the Plans. 6 BASE LINES AND BENCH MARKS: Base lines and bench marks only will be established by the Engineer. The Contractor shall lay out his work from these engineering control points and shall be responsible for all measurements in connection with the construction, subject to check and correction by the Engineer. The Contractor shall furnish all labor and material, at his expense. necessary to facilitate engineering control of the work. 7. PAYMENTS OF TEST BY COUNTY: Except when otherwise specified in the Special Provisions. the expense of all tests requested by the Engineer will be borne by Miami -Dade County. Procedure for making tests required by the Engineer will be in conformance with the Florida Department' of Transportation Specifications for the particular material involved. Tests rendering unsatisfactory reports shall be cause for refection. The cost for all retesting shall be deducted from the final payment made to the Contractor. 8. ENGINEER: The supervision of the execution of this Contract is vested wholly in the Engineer. and the orders of the Board of County Commissioners of Miami•Dade County. Florida are to be given through him. The instructions of the Engineer are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence. and failing to do so. he will be held responsible for the execution of any instructions it may be necessary to give in his absence. Page 4of17 GENERAL SPECIFICATIONS The Engineer is to have free access to the materials and the work at all times for law.= out, measuring. inspecting or directing the same. and the Contractor 1s to affcrc hlra a'' necessary facilities and assistance for so doing. The Engineer's staKes. grades or lines are to be preserved by the Contractor. or reset at the Contractor's expense. To prevent all disputes and litigations. it is agreed by the parties hereto tna: the Enginee- shall decide all questions. difficulties and disputes of whatever nature whicr may arise relative to the interpretation of the Plans. construction. prosecution and fulfi l men. c' this Contract. and as to the character. quality. amount and value of any work cone anc materials furnished under or by reason of this Contract. and his estimates and aecisions upon all claims. questions. and disputes shall be final and conclusive upon the parties thereto. Inspectors shall have no authority to permit deviations from. or to relax any of the provisions of these Specifications without. the written permission or instruction of the Engineer. nor to delay the Contract by failure to inspect the materials and work with reasonable promptness. The payment of any. compensation. whatever may be its character or form or the giving of any gratuity. or the granting of any valuable favor by the Contractor to any Inspector. directly or indirectly. is strictly prohibited. and any such act on the part of the Contractor will constitute a violation of this Contract. The Engineer will appoint such inspectors as are necessary to pass upon the amount. quality and character of the materials to be supplied or to supervise the execution of the work contemplated under this Contract. The duties and functions of such officials are purely supervisory and their decisions are to be binding only in the absence of the Engineer. and shall be subject to his review. when in the judgement of the inspectors the work or materials are not in accordance with the Specifications. they shall have the power to stop the work. which shall not be resumed until the Engineer has rendered his decision upon the matter in dispute. 9. QUANTITIES: The right is reserved to change the Plans and Specifications consistently with the general intention of the Contract for any part of the work or materials. either before or after constructions has begun. Notice of such changes shall be given an writing to the Contractor: such changes are not to be grounds for any claim by the Contractor for damages. nor for the forfeiture of the Contract.' 10. SUPERVISION AND INSPECTION: The structures herein considered are to be constructed for the County by the Contractor in accordance with the Specifications and accompanying Plans. The Engineer may give instructions or directions to supplement the Plans and Specifications. These shall be binding upon the Contractor and uDon ell his subcontractors. 'employees and agents of every kind. The Contractor shall not retain in connection with the work any employee. agent or subcontractor whose presence shall be deemed prejudicial to the work. where words "Directions of ". "Approval of ". and similar phrases occur in these Specifications. such directions and approvals are understood to be functions of the Engineer and his representatives. Page 5of17 GENERAL SPECIFICATIONS The Contractor's procedure and methods or construction may be of his own selection Drovioec they secure results which satisfy the requirements of the Plans and SMI-i iza -.ions Permission by the Engineer to use any particular device or method of construction shall nc. relieve the Contractor from full responsibility for any failure which may arise therefrom: All materials and every process and operation of manufacture, construction:. and ere.-.ion shall be subject to inspection at all times. and the Engineers and tneir reoresent!tives shall have free access to all parts of the work of construction and erection. Eve -a frl lit% desired for inspecting the workmanship and testing the qualities of material snap oe furnished by the Contractor. and the County shall have the right to take suitable samoies of all materials for testing or examination. Except when otherwise specified herein. al required tests shall be made by the County. at the County's expense. Rejected materials shall be removed promptly from the vicinity of the work: and workmanship and processes oe e. to be faulty shall be corrected immediately upon request. The Contractor shall remove. reconstruct. replace and make good. as may be directed. without charge, any defective work. Oversight or error or judgement of inspectors. or previous acceptance. shall not relieve the Contractor from the obligation to make good defects whenever discovered. If the Engineer requests it. the Contractor, shall at any time before final acceptance of the work remove or uncover such portions of the finished work as may be directed. After examination. the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable. the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid" for as "Extra Work ". but should the work so exposed or examined prove unacceptable. the uncovering or removing and the 'replacing of the covering or making good of the parts removed shall be at the Contractor's expense. No work shall be done. nor materials used. without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered or obligate the County to final acceptance. All materials. processes and workmanship other than cement. treated lumber. and metal work and its manufacture, will be inspected at the site of -the structure'. If the Contractor desires that any of them be inspected elsewhere. the Engineer will inspect them at the place designated' by the Contractor. but all expenses. including a reasonable per diem to the Engineer. incurred in making such inspection shall be' borne by the Contractor. and shall be paid monthly or shall be deducted from the monthly estimates by the County and paid to the County. Treated lumber testing at the mills shall be done by an Inspection Bureau designated by the Engineer. When the structure is ready for final inspection. the Contractor shalt so notify the Engineer in writing. After defects or omissions noted during such final inspection are made good. the work will be accepted and final estimate rendered. It is expressly understood that the Contractor is in all respects an independent Contractor for this work. notwithstanding under certain conditions he is bound to follow the directions of the Engineer, and is in no respect an agent. servant. or employee of the County. Page 6 of 17 11. MATERIALS AND WORKMANSHIP: The Contractor.snall provide the services o-f ail workmer mechanics. tradesmen and other employees trainec and skilled in their various OccuDaticr._ and all materials except such as may be specifically excluded in the drawings specifications: and shall construct completely ready for its intended purpose. the structure or parts thereof covered by the Contract. Plans and Specifications. These Plans anc Specifications intend 'to provide for the structure or parts thereon under conslderatlor tc De fully completed and suitable in every feature for the purpose designed. anc the Contractor shall supply all materials and work incidental to. or described or implied as ir:iaenta' tc. the construction included under this Contract. notwithstanding any omission in the orawings or specifications. Wherever not explicitly described. materials and workmansnio of every kind shall be first - class. The Contractor shall perform his work in prover secuence tc the work of other Contractors and to acts or operations of the County. and shall properly loin -his work to existing or new construction. 12. CDNTRACT SECURITY: The Contractor agrees to execute and deliver simultaneously with the executed Contract: a Contractor's Performance and Payment Bond (and Maintenance Performance and Payment Bond if called for in the Contract Documents) -prepared on the applicable bond form(s) attached hereto. The Bond(s). in the amount of 1001 of the Contract amount (unless otherwise specified in the Contract Documents) may be in the form of a Surety Bond written through a local surety bond agency. rated as to Management and Strength as set forth below: Surety Bond Qualifications: The following specifications shall apply to bid. performance. payment. maintenance. and all other types of bonds. A. All bonds 'shall be written through surety insurers authorized to do business in the State of Florida as surety. with the following qualifications as to management and financial strength according to the latest edition of Best's Insurance Guide.. published by A.M. Best Company. Oidwick. New Jersey: Bond Amount Best's Rating 500.001 to 1.500.000 B V 1.500.001 to 2.500.000 A VI 2.500.001 to 5.000.000 A VII 5.000.001 to 10.000.000 A VIII Over 10.000.000 A IX On bond amount of 500.000 or less. the provisions of Section 287.0935. Florida Statutes (1985) shall.be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1. Providing evidence that the surety has twice the mi m mum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. 2. Certifying that the surety is otherwise in compliance with the Florida Insurance Code. and 3. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under ss. 31 U.S.0 9304 -9308. Page 7 of I7 GENERAL SPECIFICATIONS B. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of :ne Treasury entitled "Surety Companies Acceptable on Federal Bonds". published annually. Tne- bond amount shall not exceed the unaerwriting limitations as shown in this circular. C. The attorney -in -fact or other officer who signs a Contract Bond for a Surety Company must file with such bond a certified copy of his power of attorney authorizing him to ae sc. The Contract bond must be countersigned by the surety's resident Florida Agent. The Contractor may in lieu of a surety bond. submit a cash bond. conditionec upon :me faithful performance of the work in strict accordance with this Contrac: and with the Plans and Specifications and the completion of the same free from all liens and within the time limit herein specified: the said Bond shall be so worded as to make the Contract a par. thereof and shall contain a clause providing the right of suit or action for whose benefit said bond shall be executed as disclosed by the text of said Bond and Contract to the same extent as if he or they were the obligee or obligee therein specifically mentioned. and all such persons shall be held or deemed to be obligee thereof. Florida Statutes 255.05 provide for the following conditions to be made in all Performance and Payment Bonds 'relating to public projects. "A claimant. except a laborer. who is not in privity with the Principal and who has not received payment for his labor. materials.- or supplies shall. within forty -five (45) days after beginning to furnish labor. materials. or supplies for the prosecution of the work. furnish the Principal with a notice that he intends to look to the bond for protection. AA claimant who is not in privity with the Principal and who has not received payment for his labor. materials. or supplies shall. within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies. deliver to the Principal and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the non - payment. ANo action for the labor. materials. or supplies may be instituted against the Principal or the Surety unless both notices have been given. No action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies 13. PLANT AND PROGRAM OF CONSTRUCTION: The Contractor shall supply all plant. tools, and equipment of every kind. ample in quantity and capacity. in good working order and suitable in character to carry on the work of his Contract according to the approved program. Page B of 17 GENERAL SPECIFICATIONS Precaution shall be exercised at all times for the protection of persons and orooerty. Ana, safety provisions of the Occuoatlonal Safety and Health Ac: of 1970 (Public Law 91.596) anc other applicable laws. building and construction codes snarl be opservee. Macnlnery equipment and other hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction ". published by the Associated uenera` Contractors of America. to the extent that such provisions are not In contraven*_ior. cv applicable law. 14. FORCE ACCOUNT WORK: All extra work done on a "Force Account" basis shall be oerformec Z� such laDor.!tools and equipment as may be specified by the Engineer and will be Dalc fo, it the following manner: a. For all labor and foremen in direct charge of the specified operations. the Contractor shall receive the current local rate of wages for each and every hour that said labor and foremen are actually engaged in such work. to which shall be added an amount equal to twenty -five percent (25Z) of the sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the Contract. such as picks. hand shovels, plows. scrapers. road graders. etc. b. For all materials used. the Contractor shall `receive the .actual cost of such materials. delivered at the site. as -shown by original recelpted bills. but no percentage shall be allowed on same The County retains the right to audit all work performed on a force account basis for a period of one (1) year after acceptance of the work by the County. C. For any special equipment or machinery. such as power driven rollers. tractors. trucks. shovels. drills. concrete mixers. pumps and hoists. required for the economical performance of the work. the Engineer shall allow the Contractor a reasonable rental price for each and every hour that said speclal.equlpment is In use on the work. to which sum no percentage shall be added. The Compensation. as herein provided. shall be received by the Contractor as payment in full for extra work done on a "Force Account" basis. The Contractor's representative and the Inspector shall prepare records of extra work done on a "Force Account" basis at the end of each day. Copies of these records shall be made In duplicate upon forms provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative: one copy being forwarded. respectively. to the Engineer or his authorized representative and to the Contractor. All claims for extra work done on a "Force Account" basis shall be submitted. as herelnbefore provided. by the Contractor upon certified statement. to which shall be attached original recelpted bills covering the cost of and the freight charges. and hauling on all materials used In such work. and said statements shall be submitted to the Engineer on the current estimate of the month In which the work was actually done. Page 9of17 GENERAL SPECIFICA TIONS 15. HURRICANE OR DISASTER SERVICES: The contractor. by accepting the awara of tnis cor,ra:_. recognizes and agrees that should a hurricane or other severe anc catastroDm c natura' disaster affect the Miami -Dade County area during the performance of the work. the contra:..- shall provide services contracted for. during the contract period. at the unit orices bic tc the County. at the same or different locations from those covered by this contract. For emergency services and conditions not addressed by this Contract. the Contractor agrees to negotiate reasonable prices and terms with the County for any disaster - relief work reoul -et by the County. In all instances. the contractor agrees to negotiate reasonable .ime extensions for performance of disaster - relief work. 16. LEGAL RESTRICTIONS. PERMITS AND TRAFFIC PROVISIONS: The Contractor shall procure. at his owr, expense. all necessary licenses and permits and shall give due and adequate notices tc tnose in control of all properties which may be affected by his operations. The Contractor shall conform to all applicable laws, regulations. or ordinances with regard to labor employed. hours of work and his general operations. The Contractor shall so conduct his operations that he shall not close any thoroughfare nor interfere in any way with traffic on railway. highways. or on water'. without the written consent of the proper authorities. Contractor shall be cognizant of and comply with the Miami - latinq the removal and /or relocation of all trees. 17. ROYALTIES ON PATENTS: All fees or royalties for any patented articles or operations of construction used in this structure or any part thereof of any materials. tools. implements. machinery. fixtures or anything used by the Contractor, shall be included in the price stipulated in the Contract for the work. and the Contractor shall protect and hold harmless the County against all demands for such fees. royalties and claims. 18. LIABILITIES. DAMAGES AND ACCIDENTS: The contractor shall, indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability. losses or damages. including attorney's fees and costs of defense. which the County or its officers. employees. agents or instrumentalities may incur as a result of claims. demands. suits. causes of actions or proceedings of any kind or nature arising out of. relating to or resulting from the performance of the Agreement by the contractor or its employees, agents. servants. partners, principals or subcontractors. The contractor shall pay ail claims and losses in connection therewith. and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the 'County. where applicable. including appellate proceedings. and shall pay all costs. Judgements. and attorney's fees which may issue thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify. keep and save harmless and defend the County or its officers. employees. agents and instrumentalities as herein provided. The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the Contract and until the final acceptance of the structure, If any materials or part of Page 10 of 17 GENERAL SPECIFICA TIONS the work be lost. damaged. or destroyed by. any cause or means whatsoever. the Contractc- shall satisfactorily repair and replace the same at his own cost. The Contractor sna" maintain suitable and sufficient guards and barriers. and at m ght. suitable anc sufficier; light for the prevention of accidents. 19. ASSIGNMENT OF CONTRACT: Neither the Contract, nor any part thereof, nor any monies cue or tc become due thereunder. may be assigned by the Contractor without the prior written noroval of the County. 20. INSURANCE: Prior to execution of the Contract by the County and commencement of work. the Contractor must obtain all insurance required under this paragraph and submit same to the County for approval. All insurance shall be maintained until work has been completer anc accepted by the County. The Contractor shall furnish to the County's Risk Management Division: 1. Original Gertificate(s) of Insurance which clearly indicate that he has obtained the insurance coverage required in paragraphs a. b, c and d. 2. Original Policies which indicate the coverage required in paragraphs a and f. - Both certificates and policies will all indicate no modification or change in insurance shall be made without thirty (30) days written, advance notice to Miami -Dade County. c/o the Director of the Risk Management Division. a. worker's Compensation Insurance as required by Chapter 440. Florida Statutes. b. Public Liability Insurance - on a Comprehensive basis. in an amount not less than $500.000 per occurrence for Bodily Injury and Property Damage combined. C. Contractual Liability Insurance - covering all liability arising out of the terms of .the Contract Documents. d. Automobile Liability Insurance covering all owned. non -owned and hired vehicles used in connection with the work, in an amount not less than x500,000 per occurrence for Bodily Injury and Property Damage combined. e. Owner's Protective Liability Insurance - issued in the name of the County as sole insured. in amounts as indicated in (b) above. This policy must be endorsed to indicate that any premium, whether deposit or final. will be the sole obligation of the Contractor, f. When so required in the Special Provisions. the Contractor shall obtain Completed value Builders' Risk Insurance - on an "All Risk" basis to an amount not less than one hundred (1001) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of the Board of County Commissioners. Miami -Dade County and the Contractor, as their interests may appear. The Public Liability Insurance coverage as required in paragraph (b) above shall include those classifications. as listed in Standard Liability Insurance Manuals. which are applicable to the operations of the Contractor in the performance. of this Contract. Page 11 of 17 GENERAL SPECIFICA TIO16 All insurance policies required aoove shall be issued in companies authorized to ac ousines. under the laws of the State of Florida. with the following qualifications as manaaemerl .and financial strength: The company must be rated no less than "B" as to management and no less than Class -- as -L; financial strength. by the latest (1986 or later) edition of Best's insurance Guide. published by A.M. Best Company, Oldwick. New Jersey. or its equivalent. suofeC: tc the approval of the County Risk Management Division. NOTE: See Special Provisions for any modifications to these insurance requirements 21. ANNULMENT OF CONTRACT: If the Contractor fails to begin the work under Contract within the time specified. or fails to perform the work with sufficient workmen and equipment or wits sufficient materials to insure the prompt completion of said work. or shall perform the work unsuitably or cause it to be rejected as defective and unsuitable. or shall discontinue the prosecution of the work. or if the Contractor shall become insolvent or be declared bankrupt. or commit any act of bankruptcy or insolvency. or allow any final ,Judgement to stand against him unsatisfied, for a period of 48 hours. or shall make an assignment for the benefit of creditors or from any other cause whatsoever shall not carry on the work in an acceptable manner. the Engineer may give notice in writing to the Contractor and his Surety of such delay. neglect or default, specifying the same. .If the Contractor. within a period on ten (10) days after such notice. shall not proceed in accordance therewith. then the party of the first part shall, upon written certificate from the Engineer of the fact of such delay. neglect or default. and the Contractor's failure to comply with such notice. have full power and authority. without violating the Contract, to take the prosecution of the work out of the hands of said Contractor. to appropriate or use any or all materials and equipment on the ground. as may be suitable and acceptable. and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof. or use such other methods as in his opinion shall be required for completion of said contract in an acceptable manner. All costs and charges incurred by the County. together with'the cost of completing the work under Contract, shall be deducted from any monies due or 'which may become due said Contractor. In case the expense so incurred by the County shall be less than the sum which would have been payable under the Contract. if it had been completed by said Contractor. then the said Contractor shall be entitled to receive the difference. In case such expense shall exceed the sum which would have been payable under the Contract. then the Contractor and the Surety shall be liable. and shall pay to the party of the first part the amount of said excess. If a Cash Bond was furnished in lieu of a Surety Bond. the Contractor shall be solely liable and all reference herein to joint liability between the Contractor and the Surety shall be deleted and all expenses incurred by the County under the conditions stipulated in this Article shall be recovered from the Contractor by enforcing the provisions of the Cash Bond. Page 22 of I7 GENERAL SPECIFICATIONS 22. NOTICE TO PROCEED: For Contracts wherein a soeclfied number of nays for completion is s-atec in the Bid Form. the effective date of the ANotice to Proceed with Contract Work" A,, " D established during the Prework Conference whicn is held shortly after the award of Contra:: and which is attended by members of the Public Works Deoartment. the Contractor. representatives of utility companies. and others affected oy the worK The effective care shall be set as a date not later than thirty (30) calendar days after the care o` execj,iorr of the Contract Documents. unless a later date acceptable to both parties is acreec uoor. 23. COMMENCEMENT, DELAYS AND COMPLETION OF WORK: After complete and final execution c' the Contract. and 'after reconciliation of any details or conditions which may directs% or indirectly interfere or conflict with work of the Contract. the Engineer will issue a "Notice to Proceed with Contract Work" to the Contractor. The effective date on which work o,•, the Contract is officially authorized to commence will be established and stated in said Notice and the Contractor shall commence work.on said date. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control. the time for completion of the work may be extenaed upon recommendation of the Engineer and approval by the Board of County Commissioners. Bequests for extension of time must be submitted in writing to the Engineer within ten (10) days from the beginning of such delay. Extensions of time cannot legally be approved unless the written request is submitted in time to permit it to be acted upon before the Contract expiration date. To allow sufficient time for administrative procedures required to obtain action by the County Commission, a request for time extension must be received by the Engineer at least sixty (60) calendar days prior to contract expiration date. Liquidated damages resulting from factors beyond the control of the Contractor which occur too late to allow time for action by the Board of County Commissioners approving a time extension may be waived by the County Commission. Such waiver shall be granted only when the Engineer determines that the delay is beyond the control of the Contractor. and in this event the Contractor shall not be charged with liquidated damages or any. excess cost when the delay in the completion of the work is due: a. To any order duly issued by the County changing the Contractor's approved work schedule: b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor. including. but not restricted to. acts of _God. or of the public enemy. acts of the County. acts of another Contractor in the performance of a Contract with the County. fires. floods. epidemics, quarantine restrictions. strikes. freight embargoes and severe weather: and C. To any delays of subcontractors or suppliers occasioned by any of the cause specified in subparagraphs (a) and (b) above. Page 13 of 17 GENERAL SPECIFICA TIONS Provided further that the Contractor shah . within ten (I0) oays from the beginning of suc^ delay. notify the Engineer. in writing. of the causes of the delay. the Engineer sna'' ascertain the facts and extent of the delay and notify the Contractor within a r'easonaDl= time of his decision in the matter, The Contractor shall assume all risks resulting from delays except that should the Count. Dti act or omission'. cause delays which result to actual loss to the Contractor. reimbursement - thereof wii.l be adjusted and allowed by the County only after being notifieC4 tr kr,t;nc D% the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. 'No payment or adjustment will be allowed the Contractor as reimbursement for any other delays whatsoever, regardless of by what or by whom caused. even though by other Contractors on the same work. or by times. seasons, or weather: other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. If the Contractor fails to complete the work within the time limit. and if the County should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing. such permission shall not modify nor waive any liability of the Contractor, for damages arising from non- completion of work within the time limit. but all such liabilities shall be subject to continuation in full force against the Contractor. 24. MATERIALS AND SUPPLIES: It is understood and agreed by and between the parties hereto that the materials to be used in any work, performed under this Contract and specifications. with the exception of structural metal work, machinery and treated lumber. shall be purchased to the extent possible from or through merchants of Miami -Dade County. Florida. 25. "OR EOUAL CLAUSE: Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufactur- ers' or vendors' names. trade names. catalog numbers. or otherwise. it is intended merely to establish a standard: and. any material , article, or equipment of _other manufacturers' and vendors which will perform or serve the requirements of the general design w1ll be considered equally acceptable provided the material, article, or equipment so proposed. is. in the opinion of the Engineer, equal in substance. quality and function. It shall not be purchased or installed by the Contractor without the Engineer's prior written approval. 26. PLANS AND WORKING DRAWINGS: Certain plans supplied by the County accompany and supplement these Contract Documents. The County through its Engineer shall have the right to modify the details of these plans, to supplement these plans with additional plans or with additional information as the work proceeds. all of which shall be considered as plans accompanying these Specifications herein generally referred to as the "Plans In case of disagreement between the Plans and Specifications. the Specifications shall govern. Page 14 of 17 GENERAL SPECIFICA TIONS The Contractor shall prepare whatever detailed working drawings are necessary to enab +e 11117, to fabricate. erect and construct all parts of the work in conformity wltn the Plans an: Specifications. Working drawings snall include shop drawings and erection dlacrams structural steel. Working drawings shall be submitted to the Engineer in qulntuDllcate: twc sets will be returned to the Contractor approved or showing the cnanges or corre::Ions required: if changes or corrections are required. five copies shall be resuom;rtec until tne% are approved. The Contractor shall report any errors found in the drawings to the Engineer, wno wi r maKE or approve necessary corrections. The County shall not be responsible for errors or minor discrepancies of the Contractor's drawings. even though approved. or for minor errors o- minoc discrepancies of the Engineer's drawings. Payment for working drawings. revisions thereof, and for copies furnished. shall be included in the amounts bid for materials, or work. The Contractor shall furnish as many sets of paper blueprint copies for workino drawings as the County and the Engineer may need for the work. The Contractor should allow a minimum of fourteen (14) calendar days for the County's approval of shop drawings. 27. EXPLOSIVES: No blasting shall be done except upon prior approval by the Engineer and under this specific direction. When the use of explosives•is approved by the Engineer as necessary for the prosecution of the work. the Contractor shall use the utmost care so as not to - endanger life or property, and whenever directed. the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner and all such storage places shall be marked cl early "DANGEROUS EXPLOSIVES ", and shall be in care of competent watchmen. The _. Contractor shall secure the proper permits for blasting from the Miami -Dade County Public Works Department, and only personnel approved by the above department shall handle explosives. The Contractor shall assume all responsibility for damages caused by explosives. 28. SUBCONTRACTORS: The Contractor is as fully responsible to the County for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by said subcontractor, as he is for the acts and omissions of persons directly employed by him, Nothing contained in the Contract Documents shall create any contractual relations between any subcontractor and the County. 24. FINAL CLEANING -UP: Upon completion of the work specified herein and before acceptance and final payment shall be made. the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials and temporary structures. All disposal of materials, rubbish and debris shall be made at a legal disposal site or by other prior approved manner. Material cleared from the site and deposited on adjacent or nearby property will not be considered as having been disposed of satisfactorily. Page 15 of 17 GENERAL SPECIFICATIONS 30. NON - DISCRIMINATION IN EMPLOYMENT: In accordance with Miami -Dace County Resoiutior Numce -- 9601. the Contractor agrees to make no drtscrimination because of race. coior.. :reec c� national origin with resDect to employment or personnel on this project. anc tnat al- .persons having the experience and skill necessary to perform the work shall be afforoed eaua, opportunity of employment for the work to be performed at the site of this Project. 31. CONFLICT OF INTEREST ORDINANCE: The Contractor agrees to abide and be governeC by Miami -Dace County Ordnance No. 72 -82 (Conflict of Interest Ordinance). as amendec. wnicn is incorporated herein by reference as if fully set forth herein. in connection witr, its contract obligations hereunder. 32. INDEPENDENT PRIVATE - SECTOR INSPECTOR GENERAL (IPSIG): The County shall have the n ont but not the obligation to retain the services of an independent private-sector inspector genera' (IPSIG) who may be engaged to audit. investigate. monitor. oversee. inspect and review the operations. activities and performance of the Contractor and County in connection with this contract. The scope of `services performed by an IPSIG may include. but are not limited to. monitoring and investigating compliance with Contract Specifications: project costs. and investigating and preventing corruption and fraud. The IPSIG may perform its services at all levels of the contracting and procurement process including but not limited to project design. establishment of bid specifications. bid submittals, activities of the Contractor. its officers. agents and employees. lobbyists. .county staff and elected officials. Upon (10) ten days written notice to the Contractor from an IPSIG. the Contractor shall make all requested records and documents available to the IPSIG for inspection and copying. The IPSIG snail have the right to ,examine all documents and records in the Contractor'$ - possession. custody or control which in the IPSIG's sole judgment pertain to performance of the Contract. including but not limited to original estimate files. bid and change order estimates. worksheets. proposals and agreements from and with successful and unsuccessful subcontractors and suppliers. all project- related correspondence. memoranda. instructions. financial' documents. construction documents. bid and contract documents. back- charge documents. all documents and records which involve cash. trade or volume discounts. insurance proceeds. rebates. or dividends received. payroll and personnel records. and supporting documentation for the aforesaid documents and records. The provisions in this paragraph shall apply to the Contractor. its officers. agents and employees. The Contractor shall; incorporate the provisions in this paragraph in all subcontracts and all other agreements executed by .Contractor in connection with the performance of the Contract. Nothing-in this contract shail imDair any independent right of the County to conduct audit or investigative activates. The provisions of this paragraph are neither intended nor shalt - they be construed to impose any liability on the County by the Contractor or third parties. Page 16 of 17 GENERAL SPECIF'ICATION'S 33. OFFICE OF THE MIAMI -DADE COUNTY INSPECTOR GENERAL (IG): Pursuant to Ordinance No. 9—`H the Office of the Miami -Dace County Inspector General (IG) shall have the autnorlt_� am.., Dowe- to review past. present and proposed County programs. accounts. records. contracts an:: transactions. The IG shall have the power to subpoena witnesses. aomirnster oatns anc require the production of records. The IG shall have the power to report and /or recommend to the Boaro of County Commissioners - whether a particular project. program. contract or transaction Is or was necessar% anc. �f deemed necessary. whether the method used for implementing the project or program. is 01 was efficient both financially and operationally. Monitoring of an existing Drojec. or Drocram may include reporting whether the project is on time. within budget and in conformity Witt'. plans. specifications. and applicable law. The IG shall have the power to analyze the neec for. and reasonableness of. proposed change orders. 10 /op The IG shall. on a random basis. perform audits on all County contracts throughout the duration of said contract (hereinafter "mandatory random audits ".) The cost of mandatory random audits shall be incorporated into the contract price and shall be one quarter of one percent (.0025) of the contract price. Upon ten (10) days written notice to the Contractor from IG. the Contractor shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to retain and coordinate the services of an independent private sector inspector general who may be engaged to perform said mandatory random audits. as well as audit. investigate. monitor. oversee. inspect. and review the operations. activities and performance and procurement process including. but not limited to, project design. establishment of bid specifications'. bid submittals. activities of the contractor. its officers. agents and employees, lobbyists. County staff and elected officials in order to ensure compliance with contract .specifications and detect corruption and fraud. This mandatory random audit is separate and distinct from any other audit by the County or any audit performed under Paragraph 32 of the General Specifications "Independent Private Sector Inspector General." The provisions in this paragraph shall apply to the Contractor. its officers. agents and employees. The Contractor shall incorporate the provis7.ons in this paragraph in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigate activities. The provisions of the paragraph are neither intended nor shall they be construed to impose any liability on the County by the contractor or third parties. Page 17 of 17 SPECIAL PROVISIONS SPECIAL PROVISIONS FOR ANNUAL ROADWAY LANDSCAPE MAINTENANCE SERVICE CONTRACT NO. 3 (ZONES A, B, C, D, E, F, G, & 8 ) PROJECT NUMBER 621462 1. GENERAL The applicable portions of the 1991 Edition of the FLORIDA DEPARTMENT OF TRANSPORTATION'S STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION and its supplements with changes pertaining thereto, as amended by the General Specifications and the following.Special - Provisions; all are hereby made a part of this Contract. Further, the applicable portions of the SOUTH FLORIDA BUILDING CODE and the PUBLIC WORKS MANUAL OF METROPOLITAN DADE COUNTY, shall apply to this Project. 'Unless otherwise noted, all page references in the Special Provisions refer to the FLORIDA DEPARTMENT OF TRANSPORTATION'S STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. Bidders shall disregard any instructions given on the Florida Department of Transportation` Documents regarding Contract Electronic Bidding (CEB). 2. LOCATION OF WORK The work to be performed under the terms of this contract shall be within the zone limits designated in Exhibit G. A Zone map is provided for your information in Exhibit F. SP -1 3. SCOPE OF WORK The work under this contract consists of complete landscape maintenance services within the limits of County and /or State maintained right -of -ways in Dade County. These right -of -ways are ,generally, but are not limited to,, highly congested urban roadways. The Contractor will be required to provide these services in a safe, efficient, high productive manner, and within a very specific time -frame stipulated by the County. These tasks include, but are not limited to: ■ Tree and shrub pruning ■ Flower bed care ■ Cleaning of sidewalks ■ Control of undesirable plants in landscaped areas, turf areas, & paved /coricrete areas; • Trimming of trees, shrubs & weeds encroaching onto right- of -way from private property ■ Removal of vines from trees & shrubs ■ Removal of other debris from turf or landscaped areas ■ Removal of small dead or injured trees Maintenance and removal of tree braces and supports ■ Trimming of grass or weeds, at guardrail adjacent to road ways ■ Trimming at obstructions in turf areas ■ Clean -up of all plant debris and dirt generated by work • Collection and disposal of litter and debris ■ Mowing and edging of turf areas ■ Mulching ■ Tree resetting ■ Rock Removal ■ Tree Removal The contractor will be required to complete all work with employees, vehicles, and equipment properly equipped to perform the assigned task in a manner that is safe and efficient. All work will be conducted within safe work zones established by signs and cones provided by the Contractor. SP -2 SPECIAL PROVISIONS PROJECT NUMBER 621462 ZONE A,S,C,D,E,F,G, & 8 4. PLANS There are no plans accompanying these documents. A list of proposed sites has been listed on the bid forms, and other drawings pertinent to the contract have been included with these documents. S. PERMITS AND LICENSES There are no Dade County permits required under this Contract for work within the public right -of -way. Contractor must have an active Occupational License at the time of bid. 6. SITE INVESTIGATION The Contractor, by virtue of signing the Contract, acknowledg- es that he has satisfied himself as to the nature and location of the work, the general and local conditions including, but not restricted to: those bearing upon transportation and traffic maintenance; disposal, handling and storage of materials; access roads to the site; the conformation and conditions of the work area; and the character of equipment and facilities needed preliminary to and during the perfor- mance of the work. Failure on the part of the Contractor to completely or properly evaluate any factors of costs prior to bidding shall not form -a basis for additional compensation if it is awarded the Contract. 7. MANDATORY PRESID CONFERENCE A mandatory Pre -bid conference for the subject project will be held as follows Timer 11:00 am Date: November 21, 2001 Place: Room 18 -2 (18th Floor) Stephen P. Clark Center 111 N.W. 1 Street Miami, Florida 33128 Prospective bidders shall have either a principal, or employee of the bidding firm present at this pre -bid conference in order to qualify to bid.' Meeting will cover topics relating SP -3 SPECIAL PROVISIONS PROJECT NUMBER 621462 ZONE A,B,C,D,E,F,G, 6 H 7. MANDATORY PREBID CONFERENCE (Continued) to the day to day field work procedures, inspections, the minimum equipment required, supervision, and manpower neces- sary to do the work. Additionally, any questions regarding this project by prospective bidders may be brought up at this time. 8. AWARD OF CONTRACT -- -- - - - - -- Failure on the part of the Bidder to comply shall result in his disqualification. Miami -Dade County shall award a contract sonly two zones per contracts per Contractor) to the lowest responsive and responsible bidder, submitting the lowest total on the base bid (sites listed in each zone, who meets all requirements (including equipment) ; and who in the judgment of the County shall best serve the County's interest. This may result in contracts being awarded to the second or third, lowest responsive and responsible bidder, not necessarily the lowest bidder. In addition, the County reserves the right at the time of award, to award a contract to a "Secondary" bidder, who in the event of -non- performance and subsequent dismissal of the initial contractor, will then be authorized to perform the work required. This "Secondary" contractor will not be required to provide the insurance and bond called for in this project, until being notified by the Director of the 'Public Works Department of the intention to utilize its services for the performance of the contract. 9. LOCAL OFFICE The Contractor shall maintain a local (Dade County) office with a competent and English speaking company representative that can be reached during normal working hours, (not an answering machine) and who is authorized to discuss matters pertaining to this contract with the Dade County Public Works SP -4 SPECIAL PROVISIONS PROJECT N 4BER 6214 62 ZONE A,H,C,D,E,F,G, & H 9. LOCAL OFFICE (Continued) Engineer. Additionally, Contractor shall provide a facsimile machine at his office, to receive and send notices related to this job. Contractor must acknowledge receipt of faxes by signing and returning said fax within the hour. 10. PERIOD OF CONTRACT AND LENGTH OF SERVICE CYCLE The terms of this Contract shall be for a period of one (1) year dating from the effective date of the "Notice to Pro - ceed ", or until such time as the Contract amount has been expended, whichever occurs first. However, the Contract may be extended on a year to year basis, for a period not to exceed two more years, (at the prices bid) and at the option of the Public Works Department Director, if said extension is mutually agreed upon by the County and the Contractor. The length of each cycle and number of work days in each cycle will be determined by the number of cycles planned for the year. (See 'Exhibit A). - 'There is no intent to extend the .Contract unless a notice in writing is received from the Public Works Department Director prior to the termination of the initial period. Upon receipt of the "Notice to Proceed" the Contractor shall commence work immediately on his zone, - since this will start his first cycle. Should the Contractor fail to commence work, or fail to complete all the sites in the zone (s) within the specified number of days for the cycle, (or any other cycle through the contract period,) a sum of fifty ($ 50,00) dollars per day may be deducted from monies due to the contractor, not as a penalty, but as liquidated damages for re- inspection and additional administrative expenses to Dade County. 11-- MAINTENANCE OF TRAFFIC (SECTION 102) PAGE 104, SECTION 102 -1.1 Description: This subarticle is .amended to include: The applicable portions of the Public Works Manual, Part I,.as pertains to the maintenance of traffic, and the "Manual On Uniform Traffic Control Devices For Streets And Highways" MUTCD) and subsequent revisions and addenda, as published by SP -5 SPECIAL PROVISIONS PROJECT NUMBER 621462 ZONE A,B,C,D,E,F,G, & E 11. MAINTENANCE OF TRAFFIC (SECTION 102) (Continued) the U.S. Department of Transportation, Federal Highway Administration, and the guidelines given below shall apply. Contractor shall install and maintain from beginning to end of his maintenance operation, warning signs and /or any other warning and safety devices advising motorists of work being done in the area. All signs shall be temporary and must be removed at the end of the work operation, or at the end of the day whichever comes first The following guidelines must be followed during each mainte- nance operation 1. When no lanes are blocked: a) All Contractor vehicles must have beacons and flashers on b) "MEN WORKING° signs must be set up before starting operations 1) On two lane roads: (1) sign must be posted at each end of site, for each direction of travel (Total of 2 signs) 2) On four lane roads: (2) signs at each end of site (one on median and one -on shoulder) for each direction of travel (Total of 4 signs) c) Orange safety cones set at- edges of travel lanes in immediate area of work d) Vehicles may be parked next to median at transition area of left turn lanes.. Orange traffic cones must be placed from start of transition of left turn lane to front of vehicle at fifteen feet (151) intervals. 2. When a lane is to be blocked: a) No traffic lane may be blocked for any period between the hours of 7:00 to 10:00 a.m. and 3:30 to 7 :00 p.m. b) No traffic lane may be blocked for a period longer than fifteen (15) minutes, unless a Maintenance of Traffic (M.O.T.) plan has been approved at least SP -6 SPECIAL PROVISIONS PROJECT NUMBER 621462 ZONE A,B,C,D,E,F,G, 4 H 11. MAINTENANCE OF TRAFFIC (SECTION 102) (Continued) twenty four (24) hours in advance. c) A traffic lane may be blocked for up to fifteen (15) minutes, if absolutely necessary. However, the following M.O.T. must be followed: 1) Flagmen posted at edge of travel lane at least five hundred, feet (500' ) prior to start of transition 2) Minimum of two hundred feet (2001) transition with traffic cones, prior to lane closure. It is recommended that vehicle blocking lane have a flashing arrow board d) Failure to comply with any of these requirements will result in immediate suspension of work, with- out additional time being added to the cycle, and liquidated damages may apply until reason for suspension has been corrected. Contractor must then notify Dade County of correction and call for re- inspection. This policy will be in effect upon the issuance of the Notice to Proceed. 12. BID FORM Price submitted for these items will be" on- a per service basis at the price bid for each of the sites. It is anticipated that each site will be serviced at least_ 24 times _ner -vear_ 1 l.C1l11._j . 13. BID BOND AND PERFORMANCE BOND Each bid must be accompanied by a certified or acceptable bid bond in the amount of five thousand ($ 5,000.00) dollars, regardless of the number of zones being bid. Said bid shall be a guarantee that the bidder, if awarded the Contract, will within ten (10) consecutive work days after being notified of the availability of the contract forms, 5P -7 SPECIAL PROVISIONS PROJECT NUMBER 621462 ZONES A,B,C,D,E,F,G, & H 13. BID BOND AND PERFORMANCE BOND (Continued) enter into a written contract with the Board of County Commissioners of Dade County and give a performance bond satisfactory to the Board of County Commissioners in the sum of Fifty thousand ($50,000.00 ) dollars and no cents for each of the zones bent awarded. 14. EMERGENCY LITTER PICKUP Work under this Pay Item # 777 consists of pickup and disposal of litter and trash from specified sites, similar in nature to that usually picked up during the regular cleanup cycle. Hourly rate shall be for actual number of hours for a three ('3) men crew, including necessary equipment, working at the site. No separate payment will be made for travel time to and from the site, (or to the disposal site) as well as for any tipping fees for legal disposal of debris. uycie ror each sire. 15. ARTICLE 20 OF TSE GENERAL SPECIFICATIONS (Pane 11 of 15 of General Specifications) "Subarticle 2b" as to the limits of Public Liability Insur- ance, . change from $ 500,000-00 to $ 300, 000.00 and endorse policy to show Dade County as an additional insured "Subarticle 2d" limits of Automobile Liability Insurance, from $ 500,000.00 to $ 300,000.00. "Subarticle 2e" delete Owners Protective Liability Insurance. 16. PROJECT SIGN The Contractor shall provide macmetic project signs for the equipment_ trucks trailer. can A iqly od u c, --- .. ..L_, , L_ __ Project signs shall read as indicated in exhibit "C" and must 5P -8 SPECIAL PROVISIONS PROJECT NMdBER 621462 ZONES A,B,C,D,E,F,G, H 16. PROJECT SIGN (Continued) be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity, neatness and use of weather - resistant colors and materials. All materials, shall be provided by the Contractor and the signs shall remain the property of the Contractor at the completion of the Contract No work shall commence until the project signs are secured in place. No separate payment will be made for the project signs. 17. ASSIGNMENT OF CONTRACT Neither the Contract, or any part thereof, nor any monies due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the County. 18 SUBCONTRACTING There shall be no subcontracting or assignment of work given to others. The firm awarded the contract shall be wholly responsi- ble for the performance and execution of the work. Contractor wishing to hire others to perform certain specialized task, shall obtain written consent from the*Public Works Director. SP -9 SPECIAL PROVISIONS PROJECT NUMBER 621462 ZONES A, B, C, D, E, F, G & H 19. MINIM N WAGES AND POSTING OF INFORMATION - ORDINANCE 99 =44 Bidders are advised that the provisions of Miami -Dade County Ordinance 99 -44 will apply to any contract(s) awarded pursuant to this bid. By submitting a bid pursuant to these specifications, a bidder is hereby agreeing to comply with the provisions of Ordinance 99 -44, and to acknowledge awareness of the penalties for non- compliance. A copy of this ordinance may be obtained from the department issuing the specifications for this bid. A. All covered employees providing service pursuant to the service contractor's contract with the County shall be paid a living wage of no less than $8.81 per hour with $1.25 per hour for health benefits, as described in this section, or otherwise $10.09 per hour regardless of any contractual relationship which may be alleged to exist between the Contractor and such employees. The covered employer may comply with the living wage provision by choosing to pay no less than the specified hourly wage rate when said employer also provides health benefits, such health benefits shall consist of at least $1.25 per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of such benefits must be submitted to the applicable department to qualify for the wage rate for employees with health benefits. B. Covered employees shall be paid by company or cashier's. check, not less than bi- weekly, and without subsequent deduction or rebate on any account. The covered employer' shall pay wage rates in accordance with federal and all other applicable laws. C. Covered employers must post in a visible place on the site where such contract work is being performed, a notice specifying the (1_) wages /benefits to be paid; (2) the amount of liquidated damages for any failure to pay such specified combined overall hourly wage rate and benefits and (3) the name and address of the responsible official in Miami -Dade County to whom written complaints should be sent. Posting requirements will not be required where the employer prints the following statements on the front of the - covered employee's ,paycheck and every six months thereafter: You are required by Miami -Dade County law to be paid at least [insert applicable rate under Chapter] dollars and hour.' If you are not paid this hourly rate, contact your supervisor or a lawyer. All notices will be printed in English, Spanish and SP -10 SPECIAL PROVISIONS PROJECT NMdEMR 621462 ZONES A, B, C, D, E, F, G & R 19. MINIMUM WAGES AND POSTING OF INFORMATION - ORDINANCE _99- 44_(Continued) Creole. Any written complaints of underpayment should be filed with the Director of the Department of Business Development, 175 Northwest First Avenue, 28`h Floor, Miami, Florida 33128 (305) 349 -5960. D. Covered employers must refrain from terminating or otherwise retaliating against an employee performing work on the contract even though a complaint of practices prohibited by Ordinance 99 -44 has been filed by the employee or other investigative or enforcement action is being taken regarding such services contractor. 20. LIABILITY FOR UNPAID WAGES; PENALTIES; WITHOLDING In the event of any underpayment of required wage rates, the Contractor shall be liable to the underpaid employee.for the amount of'such - underpayment. Covered employers found to be in violation of the requirements of Ordinance 99 -44 shall be required to pay liquidated damages of $500 to the County for each employee of the covered employer, who performs any portion of the contract work for each week, or portion thereof, that is paid less than the .specified living wage rate and health benefits, and back wages to each covered employee that was not paid the required living wage within thirty (30) days of the findings of violation. Written request for appeals of violations must be filed with compliance officer within ten (10 ) days: of receipt of the violation. The County may withhold from service contractor any moneys payable on account of work performed under the contact, such sums as may be determined to be necessary to satisfy any liabilities for unpaid wages and penalties as provided herein.. In order to preserve the rights of the affected workers under Ord. 99 -44, the project manager may withhold or cause to be withheld from the service contractor under this agreement so much of the accrued payments or advances as may be considered necessary to pay employees of the covered employer the full amount of 'wages required by the contract.. In the event of failure to pay any covered employee, employed or working on the project, all or part of the wages required by the by the contract, the project manager may, after written notice service contractor, take such as may be necessary to cause the suspension of any further payment, until such violation have ceased. The withheld monies shall be remitted to the covered employee only in accordance with the provisions of Section 6, Complaints and Hearings; Contract Termination and Debarment. SP -11 SPECIAL PROVISIONS PROJECT NUMBER 621462 ZONES A, S, C, D, E, F, G & H 20. LIABILITY FOR 'UNPAID WAGES; PENALTIES; WITHOLDING (Continued) In addition to the payment of penalties and back wages, repeat offenders maybe debarred from doing business with the County for a period of up to five years and /or have their contracts terminated. SP -12 3.0 TECHNICAL SPECIFICATIONS 3.1 INTERPRETATION AND DEFINITIONS A. Contracts shall be interpreted according to the rules, which govern the interpretation of contracts, as prescribed by Florida law. B. The headings herein contained are for convenience and reference only and are not intended to define or limit the scope of any provision. C. Words used herein shall have the following meaning: WORD DEFINITION 1. "As directed" To mean, by the Director of the 2. "As required" Metropolitan Dade County Public 3. "As permitted" Works Department or his designee. 4. "As approved" 5. Contract or The written Agreement or Contracts Agreements actually executed and bound by County and the Contractor(s) for State /County roadways for basic grounds maintenance services. 6. Contractor One person designated by the Representative Contractor(s) to Coordinate Contract matters with the County Project manager(s). 7. County Project One person designated by the Manager or Director of Metropolitan Dade Project Manager County Public Works to direct Project and coordinate the Contractor(s) contractual responsibilities. S. County Person(s) designated by the Project Inspector(s) Manager to view and test the conduct and quality of Contractor's work and to transmit official directions of the Project Manager.. 9. County The Director of Procurement Purchasing Management Division. T5 - PAIGE I 10. Cycle A complete servicing of all sites within the Zone, in a the required period of time. 11. Director The Director of Metropolitan Dade County Public Works or his designee. 12. Florida A person possessing a valid Certified Florida Commercial Pesticide Pesticide Applicator License and qualified Applicator to recommend and to supervise the applications of pesticides or herbicides on public property. 13. Frequency (Per Number of times a landscape Service /Per function or task is completed over Cycle) a period of times, as "service 3 times per year," or "mow every 10 days." Notes: Per Service /per cycle are used synonymously throughout this "Invitation to Bid." 14. Ground Major components of efforts Maintenance necessary for completion of Function maintenance such as "turf care," "fertilization," etc. 15. Maintenance of Shall include the median, swale and Roadways, Medians sidewalk edges of State- owned, or and Right -of -Ways. County -owned roadways, and right - of- ways. 16. Maintenance Task individual work units and methods for accomplishing maintenance functions such as "mowing," "edging, etc." 17. Site Any area designated by County Inspector or Project Manager to be serviced or maintained. 18. Shall To mean mandatory. 19. May To mean permissive. TS PAGE 2 20. Pruning The removal of plant parts, dead or alive in a systematic manner so as not to damage other parts of the plant. All pruning shall be in accordance to the ANSI A300 Standards (See Sec,3.24D #3) 21. Mulching Mulch shall be grade "B ", shredded, Cypress Bark, Eucalyptus, and free from all foreign matter and cured. (See Sec3.22 #8) 22. Rock Removal No rocks greater than 3" in diameter shall be left at site. 23. * Tree Resetting All trees and palms that have been blown or knocked over that shall be staked or guyed (See- Exhibit F). . 24. Tree Removal Trees that have died or have been knocked over and shall be cut and hauled away. D. Should any misunderstanding arise, the Director will, interpret the Contract. If the Contractor disagrees with the interpretation of the Director, he shall continue with the work in accordance with the director's interpretation. Within thirty (30) days after receipt of the interpretation, he may file a written request for a hearing before a Disputes Review Panel as Provided herein. The written request shall outline in detail the area of dispute. E. The Dispute Review Panel shall be appointed by the Director and will be composed of not less than three County personnel having experience in the administration of landscape maintenance contracts. The Panel shall convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing shall be informal and formal rules of evidence shall not apply. The Panel will submit its recommendation to the Director for his consideration, within one (1) week following the Panel's review. Director shall then give final ruling on the matter in question. TS - PAGE 3 GENERAL SPECIFICATIONS 33. OFFICE OF THE MIAMI -DADE COUNTY INSPECTOR GENERAL CIG). Pursuant to Ordinance Nc the Office of the Miami -Daoe County inspector General (IG` snall nave the autno- ., arc Dowe" to review past. present and proposed County programs. accounts. recores. contracts ar.: transact ions. The IG shall have the power to subpoena witnesses. adm piste^ oatns an: require the production of records. The IG shall have the power to report and /or recommend to the Boarc of Count•• .ommissione -s whether a particular project. program. contract or transaction is or was necessar% an:. deemed necessary, whether the method used for implementing the project or proorac is c- was efficient both financially and operationally. Monitoring of an existing oroje.c: or Crocrar:' may include reporting whether the project is on time. within budget and in conformity kitr plans. specifications, and applicable law. The IG shall have the power to analyze the neec for. and reasonableness of. proposed change orders. The IG shall, on a random bases. perform audits on all County contracts throughout the duration of said contract (hereinafter "mandatory random 'audits".) The cost of mandatory random audits shall be incorporated into the contract price and shall be one quarter of one percent (.0025) of the contract price. Upon ten (10) days written notice to the Contractor from IG. the Contractor shall make all requested records and documents available to the IG for inspection and copying, The IG shall have the power to retain and 'coordinate the services of an independent private sector inspector general who may be engaged to perform said mandatory random audits. as well as audit. investigate. monitor. oversee. inspect, and review the operations. activities and performance and procurement process including, but not limited to, project design, establishment of bid specifications. bid submittals. activities of the contractor, its officers, agents and employees. lobbyists. County staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. This mandatory random audit is separate and distinct from any other audit by the County or any audit performed under Paragraph 32 of the General Specifications "Independent Private Sector j Inspector General." The provisions in this paragraph shall apply to the Contractor, its officers. agents and employees. The Contractor shall incorporate the provisions in this paragraph in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigate activities. The provisions of the paragraph are neither intended nor shall they be construed to impose any liability on the County by the contractor or third parties Page 17 of 17 County inspector will meet with Contractors Representative as necessary at a mutually agreed upon time before and after inspections are completed, to review the inspection reports. If any deficiencies are found the Contractor's Representative shall visit each location of deficiency with the inspector to dis- cuss correction. In the event, the inspector has not been noted of Contractors completion of a site(s) within two (2) calendar days of its regular scheduled service date, an inspection will be performed, and if site has not been completed and accepted by Dade County by this time, a fifty ($50.00) dollar fee will be assessed to the Contractor on a day per day basis or until the next tegular scheduled service for that site, which ever comes first. Discrepancies and deficiencies in the work, shall be brought to the attention of the Contractor's Representative directly by County Inspectors, at the daily meeting described above, and shall be corrected by the Contractor immediately, or as stipulated on paragraph 2. 2. Any deficiencies found during the County's inspection of the site, must be corrected by Contractor within two (2) working days of receiving notification. Dade County will re- inspect the site at the end of these two work days, and if deficiency has not been corrected, Dade County will assess the Contractor a fee of fifty ($50) dollars for re- inspection per day until said deficiency has been corrected, and will deduct said fee from the monthly invoice for that particular site. in the event, that deficiency has still not been corrected by the time of starting the site's next cycle, the entire site will be deleted from that cycle's payment. D. County Right-to Correct Deficiencies: Additionally, and notwithstanding the above provision, the County has the right to correct deficiencies with County forces or private Contractors two (2) working days after Notification by the Project Manager(s), in the event the Contractor does not take action to correct said deficiencies. If, in the sole discretion or judgment of the Director and /or the Project Manager, the Contractor and /or his employees) are not properly and timely performing the services required under the Contract, then the Contractor and /or all employees may be temporarily replaced by secondary Contractor, and the payment that was to be made by County to original _Contractor, shall be suspended while the matter is TS - PAGE 5 being investigated. Total cost incurred by the County in having the work performed by the secondary Contractor, or with its own forces, will be deducted and forfeited from the payments due to the original Contractor. This action shall not be construed as a penalty, but as an adjustment of payment to Contractor for only the work actually performed, and recovery of County costs from the failure of the Contractor to complete or comply with the provisions of the Contract. Repeat occurrences of these deficiencies needing Dade County's forces, or another contractor's services to complete the work, may result in the Contractor being placed on notice for cancellation of the contract. Should cancellation of the contract occur, Dade County shall exercise its rights to look to the Contractor's Performance Bond for funds, in order to complete the contract. 3.4 SCHEDULING A. After award of the contract and prior to the issuance of the "Notice to Proceed" a pre -work conference will be held with the Contractor(s), members of the Public Works Department, and other agencies affected by the work. The time and place of this conference will be set by the Right-of-Way Aesthetic and Assets Manaaement_Division of B. Shortly after this pre -work conference, but prior to issuance of a "Notice to Proceed, the Contractors) shall arrange for the County's inspection of all equipment, safety signs, devices, and clothing (vests) to be used during the execution of the contract. See Exhibit E C. Contractors shall accomplish normal landscape maintenance required under the Contracts during daylight hours. County Project Manager may permit night scheduling on an individual function or task basis. D. Contractors shall schedule and conduct the work at times and in a manner, which. shall not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets, and shall not cause annoyance to residents near the sites or users of the sites. E. All work shall be scheduled and completed in a continuous manner, that is, mowing, edging, and debris pick -up; shall not be separated by any number of days in order to maintain the sites in a uniform manner, and remain on schedule. TS - PAGE 6 F. G. Contractors shall recognize that during the course of the Contract, other activities and operations may be conducted by County work forces and other Contractors. These activities may include but not be limited to landscape refurbishment, irrigation system modification or repair, construction and storm related operations. The Contractor may be required to modify or curtain certain operations and shall promptly comply with any request by the Project Manager. H. Contractors shall, during the hours and days of operation, respond to all emergencies within two (2) hours. 1. Contractors shall have completed all landscape maintenance functions prior to the scheduled maintenance inspection as provided for in Section 3.3(C). J. Landscape Maintenance Cycle Schedules• The Public Works Department's Project Manager will provide the Contractor(s) with a schedule of the starting and ending dates of each cycle to which the Contractor(s) shall adhere to (See Example, Exhibit "A"'). This schedule will identify the designated work days and inspection days in each cycle. Schedule will be based on current level of service. County may change level of service and therefore schedule of cycles at any time. K. Landscape Maintenance Site Schedules cxnwn i rns scneau►e is tentative and may be adjusted after the first couple of cycles. After that, changes will only be allowed according to the conditions provided within this documents. Contractor requesting changes to schedule, shall submit his request for revisions to the County Project Manager five (5) workdays prior to scheduled time for work. TS - PAGE 7 Tasks other than mowing, edging, and litter collection may be done at the Contractor's convenience, but, it must be in accordance to the specifications at the time of regular servicing of site. Contractor must notify Dade County by 8:00 a.m. on the same day that work is to be done, on the daily facsimile Performance Report. (See Exhibit D). L. Additional Work: The Project Manager may at his discretion authorize the Contractor to perform additional work including but not limited to repairs to damages caused by incidents such as vandalism, Acts of God, and third party negligence; or improvements in order to add new, modify existing or to refurbish existing landscaping; or for any additional basic landscape maintenance needed as specified in _. Section 3.24. Any work not provided for elsewhere in the Contract and authorized by the Project Manager and performed by the Contractor shall be considered as additional work and shall be paid as specified below. Prior to performing any additional work, the Contractor shall prepare and submit within three (3) days a written description-of the work, with a cost estimate to the Project Manager. Failure to submit said quote within these three days may result on County exercising their option to obtain other quotes and allow another contractor to do the work. No work shall commence without the written authorization from the Director and/or Project Manager. Notwithstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Project Manager may verbally authorize the work to be - performed upon receiving a verbal estimate from .the Contractor. However within twenty-four (24) hours after receiving verbal authorization, the Contractor shall submit a written estimate to the Project Manager for the required approvals. All additional work shall commence on the specified date established and Contractor shall proceed diligently and continuously to complete said work within the time allotted. (See Section 3.7) Week -end or Holiday work must be co- coordinated and approved by the County Project Manager prior to work. TS PAGE 8 3.5 CERTIFICATION, INVOICES, PAYMENT A. Bidder's Statement of Experience, Technical Abilities and References: The bidder is required to state on the "Bidders Statement of Qualifications and Business References the work of similar character to that included in the proposed contract, that he has successfully performed within the past year in the South Florida area, and to give references which will enable Dade County to judge his responsibility, experience, skill and business standing, except where the bidder has previously completed contracts with the County covering work of a similar character. The County reserves the right to reject any bid when, in its opinion, the bidder has insufficient experience, responsibility, skill, equipment, staff or business standing to perform the proposed work in strict compliance with the specifications, or when the information provided by the bidder is insufficient for making a judgment. B. Submitting Invoice For Pavment: The Contractors shall submit billing invoices in triplicate to the Public Works Department Project Manager under whose authority each Bid Item operates. Invoices shall indicate the date of service(s), and shall be submitted (at the end of each month ) for services. NOTE: It is the contractor(s) responsibility to notify the Public Works Department, through its Project Manager by facsimile after _. completion of maintenance at each individual site for an on Site inspection, and receive proper completion approval and authorization for payment. C. Payment: The County agrees to pay to contractor for the maintenance services described herein the following compensation during the term of the Contract. 1. "Complete Service" (a) Contractor supplies all expertise, supervision, labor, equipment, material, transportation, facilities, and support services necessary to complete the entire job, including bid "items -such as; Mulching, Tree Resetting, Tree Removal, sodding, Pick -Up and Disposal of Litter and Trash. eat. (b) The unit bid price as bid is on a per cycle per site basis, and shall be payment for the County approved accomplishment of all or some of the following work by the Contractor: (depending on particular needs of site) litter TS - PAGE 9 pick -up, mowing, edging, tree pruning, weeding (mechanical or chemical means) maintenance of existing ground cover and flower beds, pick -up and legal disposal of all litter, cuttings, and trimmings generated by his own work activities. All sites must be invoiced separately on a per cycle basis for services rendered during said period and County will pay to Contractor the "per cycle per site" payment amount. (c) The compensation to be paid by County shall be rendered in payments for work performed as described within these Special Provisions and /or as directed by the Project Manager, at the price bid per one cycle of the invoiced site or sites. Payment shall be made within thirty (30) days upon receiving invoices in triplicate, providing that the work performed during the preceding cycle has been inspected applicable certifications and reports have been submitted in accordance with the orovisions of the Contract. The Contractor shall look _ for payment exclusively from the funds of the County for which these services have been _ provided. (d) If the Project Manager determines that the labor for work resulting from vandalism, Acts of God or third party negligence, as set forth in Section 3AG, can be performed by contractor's present work force, Project Manager may modify the Landscape Maintenance Schedule and substitute the emergency work for regularly scheduled work. 3.6 PAYMENTS WITHHELD If, in the judgment of the Project Manager, the level of maintenance is less than that specified herein, at his option, in addition to or in lieu of other remedies provided herein, he may withhold payment from the Contractor for work not Performed, until services are rendered in accordance with specifications, providing ` that no other arrangements have been made between the Contractor and Project Manager. _ .. 3.7 ADDITIONAL OR DECREASED COMPENSATION A. Additional or decreased compensation may be authorized at the discretion` of the Project Manager, subject to County budgetary conditions, and /or transfers title or maintenance responsibility. (Section 3.4L) TS- PAGE ZQ . B. The Contractor shall receive adjusted compensation for additional or decreased area within a Site based on the per acre price bid for one, or a combination of the following items: - 1. Acre of turf (Bid Item No. 500) 2. Acre of turf and trees (Bid Item No. 501) 3. Acre of ground cover and trees (Bid Item No. 502) C. The Contractor shall be compensated for the maintenance of additional Sites that are designated after the date- of the commencement of the Contract, based on the submission of a County approved maintenance cost determined ,by using the items listed above. In the event that the per acre price given by Contractor at time of bid are in excess of his norm for similar Sites, the County shall exercise its right to obtain quotes, and use other Contractors on these Sites. D. Application of start up cost on new sites shall be determined as follows: If site has not been serviced for more than 1 month, Contractor shall be paid twice the regular cycle cost for said site on its first servicing. 3.8 ADJUSTED PAYMENT FOR DELETED SITES The Contract may be reduced in scope and frequency by the Project Manager without liability for damages. In the event the County transfers title or maintenance responsibility of a Site identified in the 'Bid Proposal Form", the Contract shall continue in full force and effect, except that said Site, at the discretion of the Director or Project Manager, may be deleted from the zone to be maintained, and the monthly payments from the County to the Contractor for the maintenance of said Site shall be deleted immediately. 3.9 NOTE Any notice required to be given under the terms of the Contract of any taw applicable thereto shall be placed in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, and deposited in a post office, mailbox, sub -post office, substation or mail chute, or other like facility -- regularly maintained by the United States Postal Service. The address to be used far any given notice served by mail upon contractor shall be that address provided by Contractor in the bid package or such other place as TS - PAGS 1.1 may hereinafter be designated in writing to the County Project Manager by the Contractor. Any notice served by mail upon County shall be addressed to Dade County Public Works Department Project Manager, or such other place as may hereinafter be designated in writing to Contractor by the Project Manager. Service by mail shall be deemed complete upon deposit in the above mentioned manner. In the event of non- compliance, suspension, default, or cancellation of the Contract, notices may also be given upon personal delivery, to any person whose actual knowledge of such non- compliance suspension, default or cancellation would be sufficient notice to Contractor. Actual knowledge of such non- compliance, suspension, default or cancellation by an individual Contractor of by a co-partner, if the general manager, if the Contractor be a corporation, or by the managing agent regularly in charge of the work on behalf of Contractor, shall in any case be sufficient notice. 3.10 WAIVER A. Any waiver by County of any breach of any one or more of the covenants, conditions, terms and'agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term of agreement herein contained, nor shall failure on the part of the County to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of the Contract. B. No delay, failure, or omission of County tore -enter the premises or to exercise any right, power, privilege or option, arising from any default, - nor any subsequent payments made by County then or thereafter shall impair any such right, power, privilege or option, or be construed as a waiver of or acquiescence in such default or as a relinquishment of any right. C. No notice to Contractor shall be required to restore or revive "time of the essence" after the waiver by County of any default. D. No option, right, power, remedy or privilege of County shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given County by the Contract shall be cumulative. E. Except as otherwise provided herein, when either party has -- knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the Contract, that party shall, within seven_ (7) days, give notice thereof, including all relevant TS - PAGE 22 information with respect thereto, to the other party. 3.11 RIGHT OF ENTRY A. The General Public shall have right of entry to the Site. Contractors shall not interfere or impede with this right. B. Any officer and /or authorized employee of County may enter upon the Sites at any and all reasonable times for the purpose of determining whether or not Contractor is complying with the terms and conditions of the Contract, or for any other purpose incidental to the rights of County within the Sites maintained as identified on the "Bid Proposal Form." 3.42 ENFORCEMENT A. The County Public Works Director shall be responsible for the enforcement of the Contracts. on behalf of County and shall be assisted therein by those officers and employees of County having duties in connection with the administration thereof. B. In the event that Dade County commences legal proceeding for the enforcement of the Contract, the Contractor agrees to pay any sum, which may be awarded to Dade County by the court, for attorney's fees and costs incurred in legal proceedings. 3.13 INDEPENDENT CONTRACTOR Contractor shall act under the contract as an independent contractor vis -a -vis Dade County and will not be an agent or employee of the County. Contractor shall not represent or otherwise hold out itself or directors, officers, partners, employees, or agents to be an agent or employee of the County. 3:14 EMPLOYEES AND STAFF A. The Contractor shall provide sufficient, competent, and physically capable personnel to perform all work in accordance with the conditions and requirements of the Contract specifications. All of the Contractor's maintenance personnel shall be supervised by a qualified English speaking foreman, in the employ of the Contractor. Said foreman must carry a cellular telephone and a digital beeper. B. Contractor's employees shall be United State citizens or in possession of appropriate documentation permitting the employees to work in TS- PAGE 13 Dade County. C. All employees of the Contractors shall be considered to be at all times the sole employees of the Contractor under his sole discretion, and not an employee or agent of Dade County. D. Project Manager shall establish an identification system for Contractor's employees assigned to the Sites, which clearly indicate to the public the name of the Contractor responsible for the landscape maintenance. The identification system shall be fumished at the Contractor's expense, and shall include appropriate uniform items as specified by the Contract Manager. E. The Contractor shall require each of his employees to wear identification items, which clearly shows to the public the name of the Contractor responsible for the landscape maintenance. Shirts shall be wom at all times. F. The Contractor must provide Dade County with a facsimile (fax) number where notices, work orders, etc. may be sent and received by the Contractor. G. The Contractor shall provide at his or her expense a digital beeper, or cellular telephone, for at least two contact persons in a supervisory capacity able to give information regarding work order status, and perform other supervisory tasks. One of these supervisors must be available between the hours of 8:00 a.m. to 5:00 p.m. Monday thru Friday and Saturdays. Digital beeper response time shall be thirty (30) minutes. 3.15 FAILURE TO PROCURE INSURANCE Failure on the part of Contractor to procure or maintain required insurance shall constitute a material breach of Contract upon which the County may immediately terminate the Contract. 3.16 PROTECTION OF PROPERTY AND REPAIR OF DAMAGE A. All portions of landscape, structures, facilities, services, utilities, road, and irrigation systems, shall be protected against damage or interruption of service at all times by Contractor, during the term of the Contract. Any damage to the property as a result of the performance of work by Contractor during the term of the contract, shall be repaired or replaced in kind, and in a manner approved by Project Manager. All work of this kind shall be performed by the Contractor at no cost to the County. Repairs shall be made immediately after TS- PAGE 14 damage or alteration occurs, unless otherwise directed. B. Repairs to plant materials and soils, shall specifically be made in accordance with specifications in Section 3.22. C. Repairs to landscape, structures, or facilities, including irrigation systems, which are damaged or altered by acts of God, vandalism, vehicular damage, theft, or undetermined causes, that do not result from the performance of work by Contractor, shall be repaired by the County at no cost to Contractor, except where the specifications provide otherwise. Contractor shall notify the County Project Manager within twenty-four (24) hours, after discovery of any damage caused by accident, vandalism, theft, acts of God, or undetermined causes. 3.17 RECORDS A. All documents, books and accounting records shall be open for inspection at any reasonable time-during the term of the Contract and for three (3) years thereafter. In addition, the County may from time to time conduct an audit and re- audit of the books and business conducted by Contractor, and observe the operation of the business so that accuracy of the above records'canbe confirmed. B. All employment records shall be open for inspection and reinspection by the County, at any reasonable time during the term of the Contract. 3.18 CONTRACTOR OPERATING RESPONSIBILITIES A. Contractors shall maintain Landscaping in a healthy, growing, safe, clean, attractive condition throughout the seasons of the year by complying with all provisions of the Contract. B. Contractors shall comply- with all laws, ordinances, and regulations applicable to performance of the Contract. Contractors are presumed to be familiar with all local laws, ordinances and regulations that may in any way affect the work. Ignorance on the part of the bidder of the above will in no way relieve him from its responsibility. C. Contractors shall give all notices and pay all fees and taxes required by law, in performance of the Contract. D. Advertising and Signs: Contractors shall not advertise or place signs on the Sites, facilities, or equipment. TS - PAGE 15 . E. Transportation: Contractors are to supply all transportation of employees, supplies and equipment and shall not rely on any County equipment for either transportation, or for any reduced rates or special schedules for transport of employees. F. Storage: Contractors are to provide for all storage at off -Site locations delivering to Site only sufficient equipment and materials to complete daily tasks. Permission may be given by Project Manager for storage of material or equipment on -site during special projects or conditions. Should permission be granted, the County shall be held harmless from any and all claims of liability, losses and actions, which may arise out of such storage on County property. G. Waste Disposal: Contractors are responsible for removing and disposing from Sites all waste handled and or generated in performance of the Contract. County is not required to supply facilities for. storage, or removal of Contractor's waste from Site. Contractor may not use receptacles such as dumpsters or garbage cans that are in the Roadways. H. Safe 1. Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation; to safely maintain equipment, and mowing machines, and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including, but, not limited to full compliance with the applicable terms and safety orders of O.S.H.A., so as to protect all persons, including Contractor's employees, agents of the County, vendors, members of the public, or others, from injury, or damage to their property. The Contractor(s) shall . provide each employee with a safety vest or reflective Tee -shirts and establish a safe work zone (as defined by specifications) during all work operations. 2. The County, through its designees reserves the right to issue immediate restraint or cease and desist orders to Contractors, when unsafe or harmful acts are observed or reported, relative to the performance of the work under the contract. TS - PAGE 2 6 3. During normal working hours, Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Site. Contractor shall cooperate fully with County in the investigation of any accidental injury or death occurring on the Site, including a prompt report thereof to the Project Manager. 4. Hazardous conditions, not caused or correctable by Contractors are to be immediately reported to the County Project Manager. 1. Non- interference: Contractor shall not interfere with the public use of premises, and shall conduct his operations so as to offer the least possible obstruction and inconvenience to the public, or disruption to the peace and quite of the area within which the services are performed. J. Gratuities: The County may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Agreement, upon one (1) calendar day's notice, if it is found that gratuities in the form of entertainment, ,gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the County with a view toward securing a Contract or favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such Contract; provided, that the existence of the facts upon which the County makes suchfindings, shall be an issue and may be reviewed in any competent court. in the event of such termination, the County shag be entitled. to pursue the same remedies against the Contractor. 3.99 ENTIRE AGREEMENT A. This document, and Exhibits, is the entire Contract between the County and Contractor for the landscape maintenance services at Sites identified on the "Bid Proposal Form," All other agreements, promises and representations, other than those contained herein, are expressly revoked. The unenforceability, invalidity, or illegality of any provision of the Contract shall not render the other provisions thereof unenforceable, invalid, or illegal. B. This document may be modified only by further written agreement between the parties hereto. Any such modification shall not be effective unless and until executed by Contractor, and in the case of the County, until approved by the Board of County Commissioners TS- PAGE 17 and executed by the County Manager, LANDSCAPE MAINTENANCE SPECIFICATIONS 3.20 PURPOSE The purpose of this section is to establish minimum requirements; standards, and procedures for the landscape maintenance portion of this contract. A. Standards and References: The following organizations provide standards and publications which may be used as a guide for conducting landscape maintenance and special horticultural practices, under this contract: 1. Professional Grounds Management Society, 7 Church Lane, Pickersville, MD 21208. 2. The Association of Landscape Contractors of American, Inc., 1750 Old Meadow Road, McLean, VA 22101. 3. American Society of Landscape Architect, 1.750 Old Meadow Road, McLean, VA 22101. 4. Florida Cooperative Extension Services, University of Florida, Homestead, Florida Office. 5. The American Horticultural Society, Mount Vernon, VA 22121. 6. National Arborist Association, Inc., 3537 Stratford Road, Wantagh, N.Y. 11793. 7. The American Society of Consulting Arborists, 12. Lakeview Avenue, Milltown, N.J. 08850. 8. Florida Department of Transportation (FDOT) Guide for Roadside Mowing. 9. FDOT Maintenance Condition Standards 10. international Society of Arboriculture, P.O. Box GG, Savoy 11 61874, (217) 355 -9411 ANSI A300 Pruning Standards, The American National Standard for Tree Care Operations -Tree Shrub, and Other Woody Plant Maintenance - Standard Practices. Tree Pruning Guidelines, ISA TS - PAGE 1 8 3.21 SCOPE See Special Provisions Page SP -2. 3.22 MATERIALS All material supplied and used by Contractor(s), shall be the best kind available and used in accordance with manufacturer's directions. Commercial products such as fertilizers and pesticides, shall bear the manufacturer's label and guaranteed analysis. County inspectors may require tests and reject materials not meeting these specifications or manufacturer's guarantee. A. Plant Material 1. County will generally supply all plants f.O.B Dade County, for Contractors to use in making replacements when so directed by the County. 2. In the event that Contractor supplies the plants, Contractor shall first obtain County Project Manager's agreement to pay (including price)prior to making replacement. 3. Plant materials shall conform to the requirements of the Landscape Plan of the area (if available) and to "'Grades and Standards - For Nursery Plants," of the Florida Department of Agriculture and Consumer Services, as 'to kind, size, age, etc. Plant material larger than those specified may be supplied if complying in all other respects. 4. Substitutions may be allowed but only with prior written approval by the Project Manager. 5. Nomenclature - Plant names used conform to "Standardized Plant Names" by American Joint Committee on Horticulture Nomenclature. in those cases not covered therein the custom of the nursery trade is followed. 6. Qualily (a) Plants shall be sound, healthy, vigorous, free from plant disease, insect pests or their eggs, and shall have healthy normal root systems. Additionally, plants must comply with all state and local regulations governing these matters, and shall be free from any noxious TS- PAGE 19 weeds. (b) All trees shall be measured six (6) inches above the ground surface. (c) Where caliper or other dimensions of any plant material are omitted from the Landscape Plan Plant List, it shall be understood that these plant materials shall be normal stock for type listed. They must be sturdy enough to stand safely without staking. (d) Shape and Form: Plant materials shall be symmetrical, and /or typical for variety and species and conform to measurements specified in the Landscape Plan Plant List. (e) All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Director: 7 Plant Materials Guarantee -All Plants shall be guaranteed to live and remain in healthy condition for no less than the following: sixty (60) days for sod, ninety (90) days for shrubs and one (1) year for trees, from the date of acceptance of the plant by the Director. Maintain and replace stakes and guys as needed with equal material. Adjust or secure guy wires as necessary. Remove stakes or guy wires after establishment of plant. B. Miscellaneous Materials (a) Mulch shall be grade B shredded cypress bark, or shredded: eucalyptus free of foreign matter, and cured. (b) 3.23 EQUIPMENT Wood chips will not be acceptable. Equipment used by the Contractors shall be designed for or suited to the landscape maintenance task in which it is to be used. Equipment will not be used in areas or to perform tasks where damage will result to the landscaped areas or Sites. A. Contractors shall maintain equipment in a safe, clean, and operational TS - PAGE 2 0 condition. B. Upon specific request from the County, Contractors shall supply a current list of equipment being used, including item, model, manufacturer, year of manufacturer, and serial number. Project Manager shall have the right to reject the use of any specific piece of equipment to be used on the Site by notification to Contractor. C. Equipment that malfunctions or breakdowns often (more than twice in 30 days) may be tagged by Dade County for possible replacement, prior to issuance of any new contracts. 3.24 LANDSCAPE MAINTENANCE AND TASKS A. Turf Areas To Be Maintained a. Contractor shall maintain all turf areas within the ROW, including median strips, shoulder strips, swale areas, areas behind the sidewalk,(If within ROW) areas between main road ROW and parallel frontage road, one pass behind curb on undeveloped property, and any areas specifically included in the attached site notes. b. These turf areas are not to be maintained: 1. Areas specifically excluded in the attached site notes. B. Turf Care: Maintain turf areas in a healthy, growing green, trim condition by performing the following operations: 1. Mowino general (a) Mowing shall be performed in a workman like manner that insures a smooth surface appearance without scalping or leaving any "missed" uncut grass. (b) Reel mowers with rollers or rotary mowers will be used on hybrid Bermuda grass and St. Augustine grass; rotary mowers, or flail mowers will be used on Bahia grass. SPECIAL NOTE: Bush Hog type equipment shall not be utilized unless the approval of the Project Manager has been given. (c) All mowers are to be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height adjustment is to be measured from a level floor surface TS- PAGE 21 to the parallel and level plane of the mower blade. (d) All mower blades are to be sharp enough to cut, rather than to tear grass blades. (e) All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or items that may be propelled by mower blades. (f) Mowing will be done carefully so as not to "bark" trees or shrubs, or to intrude into ground cover beds, or to damage sprinkler heads, curbs, or other facilities. (g) Grass clipping or debris caused by mowing or trimming will be removed (not blown into adjacent areas) from adjacent walks, drives, gutters and curbs or surfaces - immediately after cutting. (h) Mowing will not be done when weather conditions are such, which will result in damaged turf. Grass clippings are to be gathered and .removed from site, not blown onto the streets or drains_ W 2. Mowing Specifics: The following cutting heights are to be used as guidelines. (a) Hybrid Bermuda Grass: (1) Never mow lower than 3/4 inches. (2) Dry season (November to April) mow at 1 inch height. (3) Wet season (May to October) mow at 3 inches height (4) Catch or vacuum leaf clippings from lawn and remove from Site. (b) St. Augustine grass: (1) Never mow lower than 2 inches. (2) Dry season (November to April) mow at 4 inches height. (3) Wet season (May to October) mow at 2 inches TS - PAGE 22 height. (4) Catch or vacuum and remove grass clippings form St. Augustine lawns in irrigated natural turf areas only if excessive clippings result from growth rates exceeding specified mowing frequencies. (c) Bahia Grass (or mixed turf) (1) Mow to 4 inches. 3. Trimming and Edging (a) Trimming: Grass shall be trimmed during, or as an immediate operation following mowing. Trimming may be accomplished by hand or hand power shears or rotary nylon "fish line" cutting machines. Grass will be trimmed at the same height as the adjacent turf mowed. Remove all grass leaves from around all obstacles and vertical surfaces in the turf, such as posts, walls, etc. Particular attention will be given to trimming around sprinkler heads and other irrigation system fixtures to assure their proper water delivery function. (b) Edging: Mechanical edging (vertical trimming) of all turf edges abutting 'sidewalks, flush paved asphalt surfaces, (road pavement, asphalt pedestrian path, drain inlet pads) curbs, drives, will be done during or as an immediate operation following each mowing. Turf edging at shrub beds, flower beds, ground cover beds, hedges, or around trees (where "edging" rather than "trimming ") is directed, shall be edged with a manual or mechanical edger to a neat vertical uniform dine. Rotary nylon "Fish line" cutters are not to be used for vertical edging.`` Dirt and debris produced by edging or trimming will be removed (not blown to adjacent areas) and swept from adjacent surfaces, particularly from gutters, and road surfaces adjacent to roadway medians and swales, on the same day that is cut. Turf will be edged approximately 18 inches around all trees that are in lawn areas. Turf will be edged approximately 10" inches out from the drip line of ground cover, flower beds, shrubs and hedges. Edging around trees, shrubs, hedges etc., will be done at the TS- PAGE 23 same frequency as mowing for a uniform appearance. C. Shrub and Hedge Care: Maintain shrubs in a clean healthy, growing, correct -color condition, in a desirable shape and within the area specified in the Landscape Plans, or as specifically directed by the County. Inspectors. 1. Prunin : "Maintenance pruning" shall consist of the removal of dead and /or broken branches, suckers or sprouts. Pruning is performed as often as necessary to have shrubs appear orderly and neat at all times. All pruning will be accomplished in accordance with standard practices including (1) use of sharp cutters (2) do not use hedge shears for pruning (3) Machetes will not be permitted for any operations. 2. Hedge Trimming: Hedges or topiary that are to be maintained in a geometric form shall be sheared by manual or mechanical hedge shears to the shape and size specified in Landscape Plans (if available) or at the direction of County Inspectors. Hedge trimming will be performed every cycle. Remove all cuttings and clippings from pruning and trimming operations on the same day. 3. Contractor shall remove all litter in, under, and around shrubs and hedges. 4. Encroachments: Contractor shall trim all hedges or shrubs encroaching into the Right of Way from private property, at the Right of Way line. D. Ground Cover, Rock Beds, and Flower Bed Care: Maintain ground covers and flower beds in a clean, healthy, growing, correct - color, floral condition and at the heights specified in Landscape Plans or as specifically directed by County Inspectors. 1. All beds and concrete cut -outs shall be kept free of weeds and grasses by manual methods, or with the use of herbicides, neatly cultivated 'around the edge, and maintained in an orderly condition at all times and dead weed removed 2. Prune or trim as necessary to maintain bed height and to encourage plants to flow out to provide complete coverage of areas. Prune and trim as necessary to maintain neat straight TS- PAGE 24 edges between varieties of ground covers, at curbs, or junction. with turf. Do not allow one variety of ground cover to spread or otherwise establish itself in areas occupied by other ground covers or turf. 3. Broken, damaged or unsightly plant parts or flowers are to be removed promptly. Replace dead or diseased plants with same plant material, after receiving County Project Manager's agreement to supply or pay for replacements. 4. All beds shall be kept free of fitter, weeds and any undesirable vegetative material. S. Rock bed planters shall be kept neatly raked, free of excessive mounds, or wheel ruts. E. Trees: Contractor shall maintain all trees within the site including those in turf areas that are not maintained. Maintenance of trees shall consist mainly of trimming existing trees to a controlled size and form that is both typical to the tree's natural growing appearance for its species, and at the same time maintaining tree trimmed to a size and form that will not obstruct motorist's visibility of traffic signs, of other vehicles, and that will not interfere with street lights or pedestrian walkways. Trimming shall be performed in a routine basis as part of the cycle. 1. Tree Resetting: The Project Manager will instruct Contractor on which site to address and how.-many trees to reset per location. In the event additional trees need to be reset, the contractor must meet with the Inspector and /or Project Manager at the site and receive approval to reset additional trees. Trees will be reset as specified in exhibit "F ". Contractor shall maintain and replace Plant ties to support branches without chafing bark _2. Tree Removal: Legally remove and dispose of dead, diseased or knocked down trees 17' or less in height when directed by the Project Manager in the field. The Project Manager or Public Works Inspector will instruct Contractor on which trees are to be removed per location. In the event additional trees need to be removed, the contractor must meet with the Inspector .and /or Project Manager at the site and receive approval to remove additional trees. TS - PAGE 25 Contractor is encouraged to consult a Certified Arborist as any improper pruning practices that result in damage to trees or unsafe conditions will be Contractor's liability 3. Pruning "Maintenance Pruning" of trees is limited to a height of no more than (12) feet above ground and shalt consist of the removal of dead and /or broken branches, suckers and sprouts, and pruning to prevent encroachment of branches over streets, into private property, obscuring view of signs or interference with lighting, etc. When pruning immature trees, the Contractor shall use the temporary branch method by pruning branches as far from the trunk as possible while establishing safe clearance. All trees in the Right of Way shall be pruned to provide a minimum under- clearance of ten (10) feet, or in the case of smaller trees, to the maximum under clearance possible according to the species and size of the tree. All trees shall be pruned to provide a minimum clearance of 10 feet over pedestrian walkways. 4. Encroachments: Contractor shall trim all trees encroaching from private property into the Right of Way, to provide a minimum underclearance of 10 feet at the Right of Way, and to a height of 1.2 feet when obstructing the view of signs in the Right of Way. 5. Pruning Practices All pruning shall be done in accordance with the ANSI A300 Standards as described in Tree Pruning Guidelines published by ISA. These guidelines 'include but are not limited to: (a) Use clean sharp cutting tools designated for pruning (b) Cut limbs without disturbing the branch ridge or the branch collar. Do not leave stubs. (c) All branches too large to support with one hand Should be precut (lower side of branch) to avoid splitting or tearing of the bark. Where necessary ropes or other equipment should be used to lower branch to the ground. (d) Remove from all trees as necessary any vines attached to the trunk up to 12 ft. TS- PAGE 26 (e) Special emphasis will be placed on safety during tree pruning operations particularly when working over or adjacent to roads, walkways, and utility lines. Remove all tree cuttings from the site on the same day as cut (g) The use of machetes shall not be Rermitted. F. Weed Control - "Landscape Maintenance weed control" in this Section of the Contract is limited to manual removal or cutting or prevention of weeds. I Weeds are to be mowed, trimmed, or edged from turf areas as a part of turf care operations. 2. Weeds are to be manually removed from shrubs, hedges, ground cover, .rock beds, 18" clear area around trees, tree sidewalk ."cut-outs" or flower beds unless chemical or mechanical means are specifically authorized by the Public Works Department's Project Manager, in which case the dead weeds are to be manually removed thereafter. Undesirable vegetation such as Broadleaf weeds (growing at a faster rate than existing turf), Maiden cane, Johnson grass, Sawgrass, etc. will be removed manually from turf areas. 3. Weeds and/or grasses are to be removed from walkways, walks, curb and gutter expansion joints or any other paved surface within the right of way, along fence lines and from under guardrail every cycle. Weeds under guardrail shall be trimmed to the back edge of the posts. If there is a fence behind the guardrail, weeds shall be trimmed to the fence. 4. Should Contractor be allowed to use chemical means for weed control, the cost of the chemical and application shall not be considered an extra, but as being included in the Contractor's price bid for that site. G. General Use of Chemicals: A. The Contractor(s) shall submit a plan for the application of chemical herbicides, and pesticides proposed for use under this contract for approval by the Public Works Department. The plan will consist of a list of the materials proposed for TS - PAGE 2 7 use, the'M.S.D.S. of each chemical, the exact brand name and generic formulation of each chemical, the specific proposed applications, the methods of application, the supervision of use, and the training of employees. Materials included on this plan shall be limited to chemicals approved by the State of Florida, Department of Agricultural, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a Florida Certified Pesticide Applicator. The use of chemicals shall conform to the current Dade County regulations. No chemical herbicide, or pesticide shall be applied until use is approved in writing by Public Works Department as appropriate for the purpose and area proposed, H. Litter Removal: The Contractor(s) shall be responsible for removing all litter lying within the limits of the site. This includes, street pavement, sidewalks, rock beds, flower beds, and turf areas. 1. Litter to be removed' includes paper, glass, sand on sidewalks, grass material, rocks, undesirable materials or debris, deposited or blown onto the sites. Litter does not include abandoned vehicles or other items for which removal is prescribed by County Ordinances, laws, or specifically exempted by the Project Manager. No rocks greater than 3" diameter shall be left on the surface. 2. Litter is to be removed entirely from the sites and disposed of in accordance with County Ordinances at County approved disposal locations. 3. Failure to remove all contractor generated debris (grass clippings, plastic garbage ' bags, tree trimmings and palm fronds) or trash collected on the same day will result in non - approval of inspection site and an additional re- inspection fee - of $50.00. 1. Contractor Generated Trash: The Contractor(s) shall promptly remove all debris (within the same day) generated by his performance of pruning, trimming, weeding, edging and other work required in these specifications. Debris must be disposed of at an authorized site for commercial use. Neighborhood trash transfer stations or road side piles are not considered authorized sites. Immediately after working in areas of public streets and walks, driveways, and paved areas, the Contractor(s) shall clean them with suitable equipment. All TS - PAGE 2 8 litter or trash collected shall be removed the same day the other services are provided. Failure to remove all contractor generated debris (grass clippings, plastic garbage bags, tree trimmings and palm fronds) or trash collected on the same day will result In non- approval of the inspection site and an additional re- inspection fee of $50.00. J. Miscellaneous Horticultural Practices: 1. The Contractor(s) shall notify the Public Works Department Representative immediately after discovery of the loss of plant materials due to any cause. 2. The Contractor(s) shall supply the labor and all materials to replace any tree, shrub, ground cover, or other plant, which is damaged or lost as a result of Contractor's faulty maintenance or negligence. The size and species of E replacement plant materials shall be as directed by the Public Works Department Representative. 3. Chemical Plant Damage- All Plant damage resulting from chemical operations; either spray drift, or lateral leaching shall be corrected in accordance with above maintenance practices, and correct the soil conditioned to insure its ability to support plant life. TS- PAGE 29 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM REQUEST Date: November 1, 2002 Agenda Item: Comm Mtg. 11 -05 -02 Re: Resolution requesting Miami -Dade County to reduce speed limit in all Residential areas within the County A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI URGING THE MIAMI -DADE COUNTY COMMISSION TO ADOPT A REDUCED SPEED LIMIT OF 25 MILES PER HOUR IN ALL RESIDENTIAL STREETS IN UNINCORPORATED AND INCORPORATED MIAMI -DADE COUNTY. BACKGROUND: As part of our effort in preserving the quality of life in our neighborhoods, the City has been working with the County, other cities and the Miami Dade League of Cities on a number of initiatives. One of them is to urge the Miami -Dade County to reduce the speed limit through the residential neighborhoods in both incorporated and unincorporated areas. Studies have shown that increased volume and higher speed of traffic adversely affect the quality of life in residential neighborhoods. It is preferable for the County to initiate a uniform speed reduction throughout the County rather than each municipality having their own speed limit creating confusion for the drivers. RECOMMENDATION The proposed resolution is recommended for City Commission approval. Attachments: Proposed resolution. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI URGING THE MIAMI -DADE COUNTY COMMISSION TO ADOPT A 5 REDUCED SPEED LIMIT OF 25 MILES PER HOUR IN ALL RESIDENTIAL STREETS 6 IN UNINCORPORATED AND INCORPORATED MIAMI -DADE COUNTY. 7 8 WHEREAS, the public health, safety and welfare of the residents of the City of 9 South Miami is the primary concern of the City, it's elected and appointed officials; and, 10 I1 WHEREAS, the City Commission considers that quality of life is an important and 12 primary goal of the City; and, 13 14 WHEREAS, the City of South Miami is a centrally located municipality through 15 which commuter traffic travels daily; and, 16 17 WHEREAS, it is a recognized fact that the traffic speed inversely impacts the 18 quality of life in residential neighborhoods, and, 19 20 WHEREAS, the city commission wishes to reduce the existing speed limit in the 21 residential streets in order to bring about greater traffic calming, increased safety, and 22 positively impact the general health and welfare of the residents of the City and Miami- 23 Dade County; and, 24 25 WHEREAS, Miami -Dade County is responsible for establishing speed limits in the 26 residential streets in both the incorporated and unincorporated areas of the county; and, 27 28 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1: That the Miami -.Dade County Commission is hereby encouraged and 32 requested to adopt the appropriate laws and ordinances to reduce the speed limit in the 33 residential streets of the incorporated and unincorporated areas of this County to a 34 maximum speed of 25 miles per hour. 35 36 PASSED AND ADOPTED THIS FIFTH DAY OF NOVEMBER, A.D., 2002. 37 38 ATTEST: APPROVED: 39 40 41 CITY CLERK MAYOR 42 43 Commission Vote: 44 READ AND APPROVED AS TO FORM: Mayor Robaina: 45 Vice Mayor Russell 46 Commissioner Bethel: 47 Commissioner Feliu 48 Commissioner Wiscombe: 49 CITY ATTORNEY it DRAFT 9/26/02 1 2 3 ORDINANCE NO. 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS 7 AND COMMITTEES; AMENDING SEC. 2 -26.8 OF THE CODE OF 8 ORDINANCES, ENTITLED `BUDGET REVIEW COMMITTEE" TO 9 READ "FINANCE AND TAXATION COMMITTEE"; CREATING A 10 BUDGET AND FINANCE COMMITTEE; PROVIDING DUTIES AND 11 RESPONSIBILITIES; REPEALING ORDINANCE NO. 29 -01 -1760; 12 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 13 AND AN EFFECTIVE DATE. 14 15 16 17 WHEREAS, the City of South Miami faces the challenge of continuing to provide 18 a high level of government services to its residents and businesses during a time when the 19 costs for the services exceeds projected revenue from all sources; and, 20 21 WHEREAS, the budget for the 2003 fiscal year was balanced, in part, by deferring 22 certain necessary expenditures, by postponing merit pay increases and by deferring hiring 23 for available positions; and, 24 25 WHEREAS, the Mayor and City Commission are grateful for the valuable service 26 rendered by members of the Budget Review Committee and, in light of the present and 27 continuing fiscal challenge, desire to rename and to expand the mandate of the committee 28 to review and evaluate revenue and expenditures on at least a quarterly basis, to examine 29 ways to preserve existing revenue sources and to explore additional funding sources; to 30 oversee department performance reviews, to give advice to the city commission and the 31 administration on projected revenue, expenditures and desirable or necessary changes to 32 the types and levels of government services provided by the City, and to make 33 recommendations regarding the proposed millage rate and the annual budget for ensuing 34 fiscal years; and, 35 36 WHEREAS, to accomplish these important purposes it will be necessary to 37 expand the membership of the committee and it is desirable to include representatives the 38 local business community, residents, accounting and finance experts, and employees. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Additions shown by underlining and deletions shown by everstfikirig. Page 1 of 4 0 DRAFT 9/26/02 1 2 Section 1. The City of South Miami Code of Ordinances is amended to create 3 Section 2 -26.8, entitled "Budget Review Committee" to provide as follows: 4 5 Sec. 2 -26.8. Finance and Taxation Committee. 6 7 (a) Name. There is hereby created a Finance and Taxation Committee. The 8 committee shall consist of at least five and no more than eight members. 9 10 (b) Purpose. The purpose of the committee is to provide advice and 11 recommendations to the Mayor and City Commission and to the administration regarding 12 the adoption and implementation of financially sound annual budgets. To accomplish 13 this purpose, the committee is charged with reviewing and evaluating revenue and 14 expenditures on at least a quarterly basis, examining ways to preserve existing revenue 15 sources and exploring additional funding sources; overseeing department performance 16 reviews, giving advice to the city commission and the administration on projected 17 revenue, expenditures and desirable or necessary changes to the types and levels of 18 government services provided by the City; and making recommendations regarding the 19 proposed millage rate and the annual budget for ensuing fiscal years. 20 21 (c) Membership, terms. Members of the committee shall be appointed by the 22 Mayor as provided for by the City Charter. The Mayor and City Commission shall 23 attempt to include representatives the local business community, residents, accounting 24 and finance experts, and employees in the membership of the committee. Membership 25 may include persons representing other groups or professions. The initial appointments 26 to the committee shall be for a term that expires on October 1, 2003. Thereafter, 27 appointments shall be staggered for terms of one, two and three years. Appointments to 28 fill any vacancy on the committee will be for the unexpired term. One member of the city 29 commission and the city manager may serve as non - voting ex officio members of the 30 committee. 31 32 (d) Meetings, quorum. Regularly scheduled meetings shall be held at least 33 quarterly at city hall at a convenient time to be decided by the committee members. The 34 members may change the place and time of a particular meeting by motion and a vote of 35 the majority of members present at a regularly scheduled meeting. A majority of the 36 members in good standing shall constitute a quorum necessary to hold meetings and take 37 action. Additional special meetings may be scheduled and notice shall be given, as 38 provided in the city code for meetings of the city commission; provided, however, that 39 scheduling special meetings shall require the vote or written request of a majority of the 40 members. The committee shall appoint a chairperson and a vice chairperson. The 41 chairperson shall conduct all meetings. In the absence of the chairperson, the vice Additions shown by underlining and deletions shown by ove .gin Page 2 of 4 DRAFT 9/26/02 1 chairperson shall conduct the meeting. All meetings shall be properly noticed, open to 2 the public and minutes shall be kept either by recording or in written form. Members 3 shall serve without compensation. 4 5 (e) Administrative assistance. The Director of Finance shall provide the 6 committee members with copies of quarterly and annual financial reports as soon as they 7 are available following the close of the quarter and the fiscal year. The annual audit 8 report shall be provided to committee members within 15 days of delivery to the City by 9 the independent auditors. Ledgers and other account reports shall be provided upon 10 request by the committee. The proposed budget shall be delivered to the committee 11 members not later than the date it is delivered to the city commissioners. The City 12 Manager shall provide assistance to the committee, as necessary, in performing 13 department reviews. 14 15 (f) Reports. The committee shall discuss with the administration its review of 16 the quarterly and annual financial reports and of other account ledgers, its projected 17 anticipated variations to revenue and expenditures, if any, its department performance 18 reviews and suggested changes, if any, to the type, level and frequency of services, staff 19 and capital needs, cost of services and administrative structure, and it shall notify the city 20 commission accordingly. The committee shall present a report to the city commission at 21 least quarterly, and more often if it forecasts significant variations in anticipated revenue 22 and expenditures. Additionally, the committee shall present the first department 23 performance review within six months of enactment of this ordinance, and then quarterly 24 reviews for additional departments until all departments have been reviewed by the 25 committee, after which further reviews shall be conducted at the direction of the city 26 commission. 27 28 (g) Sunshine laws. All meetings of the committee and of any two or more 29 persons appointed to the committee are subject to the Florida Sunshine Law requirements 30 for notice and public meeting. All documents, including email communications, prepared 31 by the committee or a committee member are public records. 32 33 Section 2. Ordinance No. 29 -01 -1760, creating Section 2 -26.8 of the code of 34 ordinances, entitled "Budget Review Committee" is repealed. A copy of the repealed 35 ordinance is attached to this ordinance as exhibit "1." 36 37 Section 3. This ordinance shall be included in the City of South Miami Code of 38 Ordinances and Section 2- 26.8. 39 Additions shown by underlining and deletions shown by ovefstr-iking. Page 3 of 4 L9 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 DRAFT 9/26/02 Section 4. 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 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of October, 2002. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR 1St Reading — 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Wiscombe: Commissioner Bethel: Commissioner Feliu: Additions shown by underlining and deletions shown by evers#iking Page 4 of 4 5 Call to Order rg 7 The City Commission of the City of South Miami, Florida met 8 in special session on Tuesday, September 24, 2002 beginning at 9 7:32 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 1 ROLL CALL: 12 The following members of the City Commission were present: 13 Vice Mayor Mary Scott Russell and Commissioners David D. Bethel, 14 Randy G. Wiscombe and Horace G. Feliu. Mayor Julio Robaina 15 arrived at 8:30 p.m. 16 17 Also in attendance were: City Manager Charles D. Scurr, 18 City Attorney Earl G. Gallop, City Clerk Ronetta Taylor and 19 Finance Director Hakeem Oshikoya. 20 21 2. INVOCATION• 22 Commissioner Feliu delivered the Invocation. 23 24 3. PLEDGE OF ALLEGIANCE 25 The Pledge of Allegiance was recited in unison. 26 27 ORDINANCE(S) SECOND READING /PUBLIC HEARING (S) 28 29 ORDINANCE NO. 12 -02 -1780 30 1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 31 CITY OF SOUTH MIAMI, FLORIDA, FIXING THE MILLAGE AT 32 6.373 WHICH EXCEEDS THE ROLLBACK RATE BY 5.25% AND 33 RESULTING IN NO CHANGE IN PROPERTY TAX RATE IN THE CITY 34 OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2002/2003; 35 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND 36 AN EFFECTIVE DATE. 3/5 37 38 Moved by Vice Mayor Russell, seconded by Commissioners 39 Wiscombe and Bethel to adopt this item. 40 41 A motion was then made by Vice Mayor Russell and seconded by 42 Commissioner Feliu to table this item until after discussion on 43 Item No. 2. 44 45 There, being no discussion, the motion to table passed by a 46 4 -0 vote. 47 SPECIAL CITY COMMISSION 1 MINUTES - September 24, 2002 1 Commissioner Wiscombe: Yea 2 Commissioner Feliu: Yea 3 Commissioner Bethel: Yea 4 Vice Mayor Russell Yea 5 Mayor Robaina: Not present 6 7 This item was placed back on the table for consideration 8 after discussions concluded on Item No. 2. 9 10 There, being no further discussion on Item No.1, the motion 11 to approve the budget with a Millage rate of 6.373 Mills passed 12 by a '5 -0 vote. 13 14 Commissioner Wiscombe: Yea 15 Commissioner Feliu: Yea 16 Commissioner Bethel Yea 17 Vice Mayor Russells Yea 18 Mayor Robaina: Yea 19 20 At this time, the Commission considered the adoption of item 21 No. 2. The vote to approve is reflected in the appropriate 22 section of the minutes. 23 24 ORDINANCE NO. -13 -02 -1781 25 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 26 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 27 $12 '�-3 - ..SOO-- $_1.2a474,571_._.AND PAY PLAN FOR THE 2002/2003 28 FISCAL YEAR; PROVIDING FOR SEVERABILITY; ORDINANCES IN 29 CONFLICT AND AN EFFECTIVE DATE. 3/5 30 31 Moved by Vice Mayor Russell, seconded by Commissioners 32 Wiscombe and Bethel to adopt this ordinance. 33 34 Manager Scurr gave a brief presentation of solutions to 35 address the budget deficit: 36 1) Held staffing at current on board levels 37 2) Held or lowered all administrative overhead accounts 38 3) Minimized capital purchases, 39 4) Eliminated three non - essential positions; 40 5) Adjusting trash service, which will result in a savings of 41 two additional positions. 42 6) Adjusted the downtown parking rates; 43 7) Adjusted and enacted a Burglar Alarm ordinance; 44 8) Adjustment of Code Enforcement fines; 45 9) Did not raise the ad valorem tax rate; 46 10)Did not want to consider a garbage fee even in the form of 47 a fee or a surcharge. 48 49 Manager Scurr said that the budget gap has now been reduced 50 to $260,000. With this in mind, administration is proposing the 51 following: 52 1)Non- bargaining union employees earning more than $50,000 SPECIAL CITY COMMISSION 2 MINUTES - September 24 2002 1 year COLA (3.54) and merit raises will be deferred this 2 fiscal year. This will result in a savings of approximately 3 $75,000. 4 2) General employees will receive COLA on October 1, 5 2002,however merit increases will be deferred for six 6 months. This is a savings of an additional $24,000. 7 3) Consolidate the CRA Director position with a number of the 8 functions that Assistant City Manager Subrata Basu is doing. 9 This would create the position of CRA /Development Director. 10 Fifty percent of that salary would be billed to the CRA, 11 with the other 50% being billed to the City. This would be 12 a net savings of approximately $50,000 for both the CRA and 13 the City. 14 4) Defer all vehicle acquisitions for this upcoming fiscal 15 year. This would result in a savings of approximately 16 $60,000. 17 5) Reduction of $25,000 in the landscaping area. This would be 18 partially offset by an escrow account, which has 19 approximately $15,000 available. 20 6) Deferring the new Murray Park staff until June 2003. This 21 would result in a savings of approximately $9,000. 22 7) The lease purchase of the phone system final payment is due 23 in December 2002. This will result in a savings of $12,000. 24 8) Citywide training has been reduced by $5,000. 25 9) Dade Days in Tallahassee has been reduced by $5,000. 26 10) Community Relations Board reduced by $3,000. 27 11) 75th' Anniversary reduced to $38,900. 28 12) Put '$5,000 back into the football program. 29 13) Put $1,000 back into Special Events. 30 31 If these proposals are approved, the FY 2002 /2003 Budget 32 would be balanced. Manager Scurr emphasized that these 33 proposals were not permanent solutions. 34 35 Manager Scurr made two specific suggestions to address the 36 long-term solutions to the budget: 1) Set up a Solid Waste Task 37 Force to be comprised of residents, business owners, property 38 owners and employee representatives, with the Public Works 39 Director as liaison; and 2) Establishment of a Finance and 40 Taxation Blue Ribbon Committee to be comprised of members of the 41 Budget Committee, local business leaders, government' finance 42 experts and employee representatives, with the Finance Director 43 as liaison. 44 45 Vice Mayor Russell opened the floor for the public hearing. 46 47 The following individuals were afforded an opportunity for 48 comments. 49 50 1.) Mr. Dick Ward, a member of the South Miami Budget Review SPECIAL CITY COMMISSION 3 MINUTES - September 24, 2002 1 2 3 4 5 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 Committee appeared before the City Commission to express his views in regard to the budget. 2) Mr. David Tucker, Sr., of 5667 SW 78t' Terrace appeared before the City Commission to express his views in regard to the budget. 3) Ms. Dianne Wright, another member of the Budget Committee appeared before the City Commission to express her views in regard to the budget. 4) Mr. Bob Welsh appeared before the City Commission to express his views in regard to the budget and the traffic circles. 5) Mr. Craig Sherar appeared before the City Commission to express his views in regard to the budget and the COLA adjustment 6) Mr. Christopher Cooke- Yarborough appeared before the City Commission to express his views about the budget and the illegal dumping in his neighborhood. 7) Mr. David Fry appeared before the City Commission to express his views in regard to the budget. 8) Mr. David George appeared before the City Commission to express his views in regard to the budget and the garbage and trash fee. 9) Mr. Lee Sellars appeared comment on the budget and the alarm fee. before the City Commission to implementation of the burglar After there were no other interested parties to speak on behalf of this item, the public hearing was closed. Commissioner Feliu commended South Miami employees and administration for pulling together during these lean times (e.g. deferral of COLA). He said the Commission could have solved the deficit by increasing the millage and raising taxes. However, this is not the message this Commission wanted to send to its residents. He emphasized that he was not in support of separating the garbage and trash fees. He conveyed his support of the City Manager's recommendations. Commissioner Wiscombe stated his belief that there was not one person on the dais that supported the garbage fee when Manager Scurr had mentioned it. Nor was it anything the Commission would even consider. He emphasized that the SPECIAL CITY COMMISSION 4 MINUTES - September 24, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Commission must continue to look in its on backyard to ensure that the City isn't over spending. He underlined the importance of dealing with the garbage and trash fee issue. He conveyed his hope that the recommendation made by the City Manager in regard to the CRA Director position was not a permanent solution. He said that he would support that recommendation with the understanding that it is not a permanent solution. He said the search for a CRA director should be continued. He conveyed his support of the recommendations made by the City Manager. Commissioner Bethel commended Manager Scurr for the recommendation of a Finance and Taxation Blue Ribbon Committee. He further commended the Budget Review Committee for doing an outstanding job. Vice Mayor Russell asked to have the Budget Review Committee ordinance revisited to incorporate the Finance and Taxation Blue Ribbon Committee, with applicable criteria and functions. She suggested that the merit increases be given three months into the fiscal year instead of six months. She said the fact that the recommendation made by the City Manager in regard to the CRA Director _position is not a guaranteed jobs concerns, her. She gave emphasis to the importance of either extending (through the Interlocal Agreement) the life of the CRA or being prepared to stop it in five years. Mayor Robaina related that Commission members have been working diligently with the City Manager to balance this budget. He emphasized that this is a tough year and a lot of sacrifices had to be made. At the conclusion of this discussion it was moved by Commissioner Feliu, seconded by Commissioner Wiscombe to amend the budget from $12,737,500 to $12,474,571 as recommended by the City Manager. There, being no further discussion on the amendment the motion passed by a 5 -0 vote. Commissioner Wiscombe: Yea Vice Mayor Russell: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Mayor Robaina: Yea At this time, it was Commissioner Feliu to tabl e of the millage ordinance. SPECIAL CITY COMMISSION MINUTES - September 24,, 2002 moved by Mayor Robaina, seconded by this item until after consideration 5 1 There, being no discussion, the motion to table passed by a 2 5 -0 vote. 3 4 Commissioner Wiscombe: Yea 5 Vice Mayor Russell: Yea 6 Commissioner- Feliu: Yea 7 Commissioner Bethel: Yea 8 Mayor Robaina: Yea 9 10 After discussion and a vote was taken on Item No. 1, a final 11 vote was taken on Item No. 2, which passed by a 5- vote. 12 13 Commissioner Wiscombe: Yea 14 Vice Mayor Russell: Yea 15 Commissioner Feliu: Yea 16 Commissioner Bethel: Yea 17 Mayor Robaina: Yea 18 19 There, being no further business to come before this Body, 20 the meeting adjourned at 9: -00 p.m. 21 22 23 Approved 24 25 26 Attest 27 Julio Robaina 28 Mayor 29 30 Ronetta Taylor, CMC 31 City Clerk 32 33 34 SPECIAL CITY COMMISSION 6 MINUTES - September 24, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 rWW DIR A r I City of South Miami Special City Commission Minutes August 1, 2002 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in Special session on Thursday, August 1, 2002 beginning at 7:10 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Invocation Commissioner Feliu delivered the Invocation. B. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. C. Roll Call: The following members of the City Commission were present: Mayor Julio Robaina, Vice Mayor Mary Scott Russell and Commissioners David D. Bethel, Randy G. Wiscombe and Horace G. Feliu. Also in attendance were: City Manager Charles D. Scurr, Finance Director Hakeem Oshikoya, City Attorney Earl G. Gallop and City Clerk Ronetta Taylor. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: RESOLUTION (S) RESOLUTION NO. 113 -02- 11462 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADVISING THE PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE OF 6.373 OR 7.373 MILLS; ITS ROLL -BACK RATE OF 6.055 MILLS AND ANNOUNCING THE DATES OF PUBLIC' HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET, ALL REGARDING THE CITY'S 2002/2003 FISCAL YEAR BUDGET; PROVIDING AN EFFECTIVE DATE. 3/5 Moved by Mayor Robaina, seconded by Vice Mayor Russell to approve this item. Manager Scurr conveyed that the purpose of tonight's meeting was to set the maximum millage rate for the upcoming budget SPECIAL CITY COMMISSION MINUTES - August 1, 2002 1 1 process: The City's current millage rate is 6.373 mills. When 2 the maximum millage rate is set tonight, it can be lowered 3 during the budget hearings but it cannot be raised. The FY 4 2002 -03 Budget for South Miami is at a crossroads. Overall 5 financial state continues to be excellent. Over $1.2 Million in 6 cash reserves; fully funded pension plans. All of this has been 7 fully verified by the City's independent auditors. 8 9 FY 2002 -03 presents special challenges - in the past the 10 City has been able to utilize surplus cash carryover. That is 11 no longer available for operating expenses (non- recurring 12 revenues, which have been used for recurring expenses); Assessed 13 value of commercial property decreased (Shops At Sunset Place) ; 14 other revenue sources are off _due to post September llt" economic 15 conditions; expenses trends, beyond the City's control are 16 increasing (e.g. health insurance) ; existing recurring revenues 17 are not growing at a rate sufficient to offset normal increases 18 in operating expenses and the loss of non- recurring revenues. 19 20 The net growth in recurring revenue for next year is minus 21 ($40,775). The major decision facing the City is clear. Sources 22 of recurring revenue must be put in place or service levels must 23 be reduced. Administration is proposing a wide range of 24 alternatives. It is recommended that all alternatives be 25 considered. At the end of the budget process the mix of 26 services, fees and taxes that's best for the City will emerge. 27 28 The first of the City's dilemma is that the City's 29 commercial assessment has been flat for the last four years. 30 There is not tap on how much commercial assessments can grow. 31 For what has been found, the commercial assessment has been flat 32 for three years and has actually decreased this year. Part of 33 the reason for this is that there has been very little new 34 construction occurring within the ,City. The primary reason for 35 the lack of growth in the commercial area has been the re- 36 assessment of the Shops At Sunset Place. The Shops At Sunset 37 Place represents 260 of the commercial real estate assessment. 38 It also represents 130 of the total ad valorem value,of the City 39 of South Miami. The residential assessment is doing great. It 40 increased by almost 10°, in spite of the 3% State tax. The 41 total assessed value for the City went up by approximately 30 42 Million dollars. This relates to $222,000 more in ad valorem 43 taxes. The dilemma is the City utilized $263,000 in 44 nonrecurring revenues. This in essence starts the current FY 45 approximately $40,000 in the hole. 46 47 At the same time, the City has a series of expenses that are 48 beyond the City's control that are increasing: 1) Health 49 insurance premiums have increased 39% for a total of $204,017, 50 2) Cost of living adjustment of 3.5% for a total of $250,00(710 51 of the City's budget is personnel) , 3) County solid waste 52 tipping fees increased by 3% for a total of $25,000. Total cost 53 for solid waste is now $1,100,000, 4) COPS funding of $105,000, SPECIAL CITY COMMISSION 2 MINUTES - August 1, 2002 1 5) Murray Park Youth Multipurpose Center is expected to open in 2 mid -year for an estimated operating cost of $150,000, 6) Pension 3 fund has had an increase in enrollment, longer life expectancy, 4 and an decrease - return on investment, enhanced benefits for a 5 total of $150,000, and 7) Non - health insurance and liability 6 workers compensation for a total of $25,00.0. 7 8 Increased Expensed are attributed to: Health Insurance, 9 COLA, solid waste, COPS, Murray Park Pension and other insurance 10 for a total of $908,017.00. 11 12 The budget goals for FY 2002 -03 are: 13 1. Maintain the Commitment to Excellence, Integrity and 14 Inclusion. 15 2. Maintain the highest quality of municipal services. 16 3. Hold discretionary expenses to the lowest levels possible. 17 4. Hold staffing at or below current on -board levels where 18 possible. 19 5. Eliminate positions through efficiency and consolidation. 20 6. Limit staff increases to areas of essential need. 21 7. Evaluate current service levels, reduce unnecessary levels 22 of service and allocate resources to essential functions. 23 8. Develop recurring revenue sources by adopting the usual and 24 customary fee systems used by other municipalities. 25 9. Search for new grant opportunities and grant reimbursements. 26 10. Continue critical capital infrastructure projects. 27 11. Support Juvenile Crime Prevention efforts. 28 12. Continue to support the South Miami Community Redevelopment 29 Agency. 30 13. Continue to support annexation. 31 32 South Miami is the only City in Miami -Dade County that 33 includes garbage and trash services as part of the Ad Valorem 34 taxes. Most other cities charge anywhere from $324.00, which is 35 the low in Hialeah. Coral Gables charges $498.00. The most 36 common level is $349.00. If the City of South Miami were to do 37 this the potential revenue for garbage and trash fee would be 38 approximately $900,000.00 39 40 Last year the City did a one -time Miami -Dade County Solid 41 Waste surcharge to try to recover the additional expenses. 42 Potential Revenue - Miami -Dade Solid Waste Surcharge - $325,000 43 @ $129.00. 44 45 South Miami is one of the few cities that do not require 46 residents to register their alarms. Administration is going to 47 recommend increasing the burglar alarm fines for repeated 48 offenders. Potential Revenue Burglar Alarm Fees & Fines - 49 $100,000 50 51 The City has increased its parking rates once the last 18 52 years. Most other cities are at $1.00. The downtown parking 53 rate for the City of Miami is $1.25 per hour. The City of South SPECIAL CITY COMMISSION 3 MINUTES — August 1, 2002 1 Miami is currently at $.75. Potential Revenue - Parking Fees - 2 $200,000 @ $1.00. Coral Gables_ has announced that it will 3 increase its parking enforcement until midnight Monday through 4 Saturday. 5 6 The City of South Miami is in the $100.00 range for zoning 7 violations, illegal businesses, and illegal apartments. Other 8 cities are in the $300.00 to $500.00 range. Potential Revenue - 9 Code Enforcement Fines - $20,000. 10 11 Millage rate. Back in 1990 the millage rate was 6.373 mills 12 to day it is 6.373 mills. The City has been at the lowest level 13 for the past 10 to 11 years. A lot of our comparable cities are 14 at eight plus mills, with the exception of the City of Aventura 15 and the Village of Pinecrest. If one were to give a one -mill 16 credit for having garbage and trash in it, the City's adjusted 17 millage rate is really about 5.373 mills. 18 19 In conclusion, administration provides a series of 20 alternatives to help generate the revenue. Total potential 21 revenue for:, Solid waste fees, county surcharge, burglar alarm, 22 parking, code enforcement and ad valorem would generate 23 approximately $1,961,276.00. 24 25 Mayor Robaina related that he did not want to see a 26 reduction in services. He emphasized NO REDUCTION IN SERVICES. 27 He said that he was in favor passing that cost of the garbage 28 and trash fee on to the residents. He emphasized that the 29 Commission needed to make sure that the City is made whole. He 30 said this isn't a result of the City wanting to increase 31 residential tipping or garbage fees. It is because the garbage 32 and trash fees are expenses that are passed on to the City by 33 Miami -Dade County. 34 35 Commissioner Feliu articulated that he was not in favor of 36 raising the millage rate. He said that one of the major 37 components of why the annexation efforts have been so successful 38 is because the City's millage rate has been kept at the same 39 level. He voiced his support of the burglar alarm fee. He 40 further suggested taking a careful look at the overtime 41 expenditures. In addition, the City should look at other health 42 insurance options. 43 44 Commissioner Wiscombe concurred with Commissioner Feliu's 45 comment about administration needing to be creative and 46 innovative. He further agreed with Mayor Robaina comments about 47 finding ways to deal with some of the issues where the City has 48 been footing the bill for the longest time. Administration knew 49 last fiscal year this was going to be a problem. Last year, the 50 City had told the residents that the $30.00 garbage fee would be 51 a onetime fee and they wouldn't see it again. He said however, 52 we are not looking at how to trim the fat in City departments. 53 He shared that a year ago, he along with Vice Mayor Feliu had SPECIAL CITY COMMISSION 4 MINUTES - August 1, 2002 1 sponsored a resolution putting a freeze on hiring, which is 2 still in effect. He voiced his opposition to raising the 3 millage rate. He said a realistic look at what's going on in 4 house has to be done in order to realize a balance. He 5 concurred with Commissioner Feliu in regard to the health 6 insurance and conveyed his concern with the overtime budget. He 7 said a reduction in trash pickup service should be looked at. 8 He shared that held spoken with some of his residents who were 9 agreeable to having the trash pickup service changed from every 10 week to every other week:. The City currently has four trash 11 pickups .a month whereas Miami -Dade County has only one free 12 trash pickup a year. 13 14 Mayor Robaina suggested getting the residents' input on this 15 issue before moving forward with changing the trash pickup 16 schedule. 17 18 Commissioner Wiscombe said that it is time for the City to 19 started looking to tighten its belt. This is exactly why he'd 20 sponsored the next item on tonight's agenda. 21 22 Mayor Robaina said that held also like to look at the City 23 Attorney's fees. He cautioned the Commission members that 24 utilizing the City Attorney's services for special projects that 25 were not budgeted for would cost extra. 26 27 Commissioner Wiscombe asked if anyone had received the 28 information held requested in regard to the City Attorney. 29 30 Vice Mayor Russell indicated that she'd not received this 31 information 32 33 At this point, Hakeem Oshikoya provided this information to 34 the City Commission. 35 36 Commissioner Feliu shared that several years prior he'd 37 asked for a cost comparison between having an outside City 38 Attorney verses an in house City Attorney. He suggested 39 revisiting this issue. He further emphasized that this is in no 40 way a reflection of Attorney Gallop, who has been doing an 41 excellent job for the City. 42 43 Vice Mayor Russell voiced her opposition to a reduction in 44 services. Some of the things that have made South Miami special 45 are these special services.. However, the City is not giving 46 them away. She asked in terms of millage, how much would be 47 realized if the $349.00 waste and tipping fees were passed on to 48 each household. 49 50 Mr. Oshikoya the City's Finance Director said this would 51 represent one and a quarter mills. 52 SPECIAL CITY COMMISSION 5 MINUTES - August 1, 2002 1 Vice Mayor Russell said that she was all for having the 2 $349.00 waste and tipping fees built into the tax base. She 3 shared that annexation is well received because of the City's 4 reputation for holding the line on taxes. At the same time, she 5 didn't see any preplanning in the budget to cover City expenses 6 (police and garbage services) for areas that might be annex in 7 the next year. She further conveyed her support of the False 8 Alarm Registration fee. She concurred with Mayor Robaina's 9 suggestion and emphasized the importance of getting those 10 organizations, which the City supports with in -kind services to 11 the table for discussions posthaste. 12 13 Vice Mayor Russell continued and opined that the garbage and 14 trash- fee should be built into the tax base for deduction 15 purposes. She said that the $30 surcharge past during last FY 16 budget process was anticipated to be a one -time fee. She said 17 that she did not want to send another separate bill to the 18 residents. To go back and ask for $320 more than what was asked 19 last year, will not ensure trust from the residents. She voiced 20 her support of the $.25 increase on the parking meter rate to 21 bring the fee to $1.00 an hour. 22 23 Mayor Robaina conveyed his support of the $1.00 hour parking 24 fee. He shared that he's tried unsuccessfully to get the 25 downtown merchants to stay open pass 6:00 p.m. 26 27 Vice Mayor Russell said the extra twenty -five cents - would 28 generate approximately $200,000 annually. 29 30 Mayor Robaina shared that he'd like to consolidate some of 31 the responsibilities at City Hall. That extra person being 32 freed up could be shifted over to the public works department 33 where the help is needed. 34 35 Commissioner Wiscombe referenced the consolidation of some 36 of the internal positions at City Hall. He shared that the type 37 of work that people at City Hall do are not going to be able to 38 be shifted laterally over to public worked because the skills 39 are totally different. Sometimes, you have got to consolidate 40 and make the cuts and not shift it over to another department. 41 This is something that he is going to ask the City Manager to 42 take a look at. 43 44 Commissioner Feliu concurred with Commissioner Wiscombe's 45 comments,. 46 47 Mayor Robaina referenced the garbage and trash fee and asked 48 if the Commission wanted to put this fee in the tax base. This 49 would bring the City's millage rate down to 5.373 mills. 50 51 Mr. Oshikoya said if the millage rate were reduced to 5.373, 52 it would be reduced for everybody, residential and commercial. 53 SPECIAL CITY COMMISSION - 6 MINUTES - August 1, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Commissioner Bethel said that he would not like to see a reduction in services or the millage rate raised. He said the reduction in trash pickup service should be discussed with the residents. He further encouraged redevelopment in the downtown area and questioned whether there had to be a delay when the construction should stare. He opined that the Parks and Recreation Department should be self-sufficient. There are leagues that would pay the fees to utilize the city's park facilities. He further voiced his concern with the overtime budget and the cost of health insurance. He encouraged the City Manager to become innovative with this budget. Vice Mayor Russell opined that in planning for the future class training of all public works employees should be mandatory. She asked if the City Manager had a ballpark figure of what the Code Enforcement fines would generate. Manager Scurr replied $20,000.00. Vice Mayor Russell said that the should be addressed in this budget been complaints about the lack of City should prepare for annexation enforcement and public works). S expense of the police department as Sunset Place Code Enforcement department process because there have enforcement. She said the �.g. police department, code 7e questioned the overtime it related to the Shops At Manager Scurr explained that the off duty police officers seen at the theatre are paid by AMC Theatre and the off duty police officers seen in the parking garage are paid by the parking garage contractor. The police patrol expense is a result of patrolling the entire new zone six (which is all of downtown) Commissioner Feliu said that he'd like to see a breakdown on the overtime. He further suggested voting on the millage now and wait to hear from the Budget Committee for its input. Commissioner Wiscombe concurred with Vice Mayor Russell's comments about Code Enforcement, Vice Mayor Russell suggested setting the millage rate at 7.373 mills. Moved by Commissioner Wiscombe seconded by Commissioner Feliu to set the millage rate at 6.373 mills. There, being no further discussion on the amendment to set the millage rate at 6.373 mills, the motion passed by a 4 -1 vote Commissioner Wiscombe: Yea Vine Mayor Russell: Nay SPECIAL CITY COMMISSION 7 MINUTES — August 1, 2002 1 Commissioner Bethel: Yea 2 Commissioner Feliu: Yea 3 Mayor Robaina: Yea 4 5 There, being no further discussion on the resolution as a 6 whole the motion passed by a 4 -1 vote. 7 8 Commissioner Wiscombe: Yea 9 Vice Mayor Russell: Nay 10 Commissioner Bethel: Yea 11 Commissioner Feliu: Yea 12 Mayor Robaina: Yea 13 14 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FY 2001/2002 16 BUDGET; FREEZING ALL CURRENT EXPENDITURES EXCEPT 17 ESSENTIALS UNTIL THE END OF THIS FISCAL YEAR; PROVIDING 18 AN EFFECTIVE DATE. 19 (Commissioner Wiscombe) 3/5 20 21 Moved by Mayor Robaina, seconded by Vice Mayor Russell and 22 Commissioner Wiscombe to approve this item. 23 24 Commissioner Wiscombe said that as the City nears the end of 25 the fiscal year he wanted to ensure that the City didn't have to 26 go back and borrow to find a way to balance the budget. This is 27 one way of contributing to make sure that that doesn't happen. 28 This resolution would put a freeze on items in the general fund 29 but not the other funds (e.g. operating, grants). He shared that 30 Manager Scurr had expressed some concerns and advised that he had 31 any other issues or concerns to address them now. 32 33 Manager Scurr said that his concern is that the Commission 34 might inadvertently do some things that they might not want to 35 do, for example the purchase of fuel, which certainly is not the 36 intent, Others items might include: football program, chemicals 37 and supplies, special investigations in the police department, 38 repair of equipment for none emergencies, garbage and trash 39 disposal fees. 40 41 Commissioner Wiscombe said that he'd rather see the City 42 Manager identify those line items he feels are essential. 43 44 Moved by Mayor Robaina, seconded by Commissioner Feliu to 45 defer this item until next Tuesday's Commission meeting. This 46 would provide the City Manager with an opportunity to provide the 47 Commission with a list of those line item expenditures that could 48 be frozen until the next fiscal year. 49 50 There, being no further discussion the motion passed by a 5- 51 0 vote. 52 SPECIAL CITY COMMISSION 8 MINUTES - August 1, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Commissioner Wscombe: Yea Vice Mayor Russell: Nay Commissioner Bethel Yea Commissioner Feliu: Yea Mayor Robaina Yea 3. Adjournment There, being no further business to come before this Body, the meeting adjourned at 8 :50 p.m. Approved Attest: Ronetta Taylor, CMC City Clerk SPECIAL CITY COMMISSION 9 MINUTES - August 1, 2002 Julio Robaina Mayor 1 City of South Miami 2 Regular City Commission Minutes 3 October 1, 2002 ,, 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, October 1, 2002 beginning at 7:45 9 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A Roll Call 12 The following members of the City Commission were present: 13 Mayor Julio Robaina, Vice Mayor Mary Scott Russell and 14 Commissioners Horace G. Feliu and David D. Bethel. Commissioner 15 Randy G. Wiscombe arrived at 8:45 p.m. 16 17 Also in attendance were: City Manager Charles D. Scurr, 18 Assistant City Manager Orlando Martinez, City Attorney Earl G. 19 Gallop and City Clerk Ronetta Taylor. 20 21 B. Invocation: 22 Commissioner Bethel delivered the Invocation. 23 24 C. Pledge of Allegiance: 25 The Pledge of Allegiance was recited in unison. 26 27 D. Presentation (s) (7:00 p.m.) 28 Mayor Robaina and Vice Mayor Russell presented the 29 organizers of the Non - Violence Project with a proclamation 30 proclaiming Saturday, October 5th as "Mahatma Gandhi Day of 31 Service 32 33 The owners of Deli Lane appeared before the City Commission 34 to present their proposal of having a Halloween night event 35 complete with a costume contest. 36 37 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 38 39 1. Approval of Minutes 40 Special City Commission Minutes - August 1, 2002 41 Special City Commission Minutes — September 10, 2002 42 43 Moved by Vice Mayor Russell, seconded by Commissioner Feliu 44 to defer approval of both sets of minutes in order for the Clerk 45 to convert into summary format. 46 REGULAR CITY COMMISSION 1 MINUTES - October 1, 2002 1 There, being no further discussion the motion passed by a 4- 2 0 vote. 3 4 Commissioner Wiscombe: Not present 5 Vice Mayor Russell: Yea 6 Commissioner Feliu: Yea 7 Commissioner Bethel: Yea 8 Mayor Robaina: Yea 9 10 2. City Manager's Report 11 12 Manager Scurr explained that the City of South Miami is one 13 of two cities that have traditionally picked up trash on a weekly 14 basis. He focused on the two issues of concern: 15 1) Was the issue of trash service and the frequency of trash 16 service discussed? The issue of reduction in trash service was 17 formally brought up during the budget workshop. The second time 18 this issue was brought up was during the first budget hearing, 19 in the form of a formal proposal.. The Budget Committee endorsed 20 this proposal. When a formal recommendation is made it is done 21 in the budget's format. This proposal was approved during the 22 first and second budget hearings; and 2) The current situation 23 and what are some of the policy actions are. South Miami is the 24 only City in Miami -Dade County where the garbage and trash bill 25 is included in the property tax bill. Last year a $30.00 special 26 assessment for garbage was 'done, which generated between $70,000 27 - $80,000. After recommended reductions were made to the 28 proposed budget a quarter million dollar challenge still 29 existed. One way to close that gap was to alter the way the 30 City picked up trash. The City would save approximately $175,000 31 by going from two trash crews to one trash crew. Money would 32 also be saved on equipment and personnel. Trash would still be 33 picked up as part of the regular garbage pickup. All one has to 34 do is to put the trash into a bag or garbage can. 35 Administration is proposing to shift the pickup of bulky trash 36 to once a month. The City would then have enough crewmembers 37 for the repairing of potholes a-ad sidewalks. 38 39 Mayor Robaina stated for the record that this was all about 40 dollars and cents. He proposed having a twice a month trash 41 pickup instead of once a month. He indicated that if there were 42 residents who wanted trash pickup four times a month and were 43 willing to pay for it, this could be arranged. 44 45 Commissioner Feliu conveyed his support of two trash pickups 46 per month. He said the twice a month trash pickup would be more 47 easily monitored and would discourage those living outside the 48 City's boundaries from depositing their trash in the City limits. 49 REGULAR CITY COMMISSION 2 MINUTES October 1, 2002 1 Commissioner Bethel conveyed with the comments made by 2 Commissioner Feliu. 3 4 At this time, the Public Remarks section of the Agenda was 5 moved up to accommodate those individuals wishing to speak on 6 this item. At the conclusion of public remarks the City 7 Manager's report resumed. 8 9 Manager Scurr asked for the Commission's pleasure regarding 10 the November 5th City Commission meeting. He pointed out that 11 this meeting falls on Election Day. In addition, as required by 12 the City's Charter, a Special City Commission meeting would be 13 held on November 6th, commencing at 8:00 p.m., to certify the 14 election, and install newly elected officers. 15 16 By acclamation, administration was directed to prepare a 17 resolution for the October 15" meeting, rescheduling the 18 November 5th City Commission meeting to Monday, November 4rn, 19 20 Manager Scurr announced that the October 14th CRA meeting 21 would also include a CRA Budget workshop. 22 23 Manager Scurr requested that the City Commission defer Item 24 Nos. 6 and 9. 25 26 After there were no further questions or comments for the 27 City Manager, this report concluded. 28 29 3, City Attorney's Report 30 31 Attorney Gallop provided an explanation for the attorneys' 32 fees associated with Item No. 5 on the Consent Agenda. The 33 expenditure is in connection with the Hammock House Property. 34 Two appraisals were received on the property. The two appraisals 35 were far a part and far beyond what the City expected to pay for 36 the property. At this point a third appraiser would not be 37 solicited. Alternative ways to purchase the property will be 38 looked at. Pursuant to State Statutes, appraisal information is 39 confidential. However, the Commission may choose to waive the 40 confidentiality provision and opening discuss this matter at the 41 next City Commission meeting. 42 43 Attorney Gallop referenced Item No. 8 on the regular agenda 44 and indicated that is the ratification of the MRP Loan 45 documents. He mentioned that negotiations with Centex- Rooney 46 are ongoing. The initial price for the parking garage came in a 47 little above budget. Commissioner Wiscombe was recently brought 48 into the negotiations to bring the point home that the City had 49 a budget and would not be considering an alternative budget. 50 Administration is working to analyze the cost items. Centex- REGULAR CITY COMMISSION 3 MINUTES - October 1, 2002 1 Rooney was told that this item would be brought to the City 2 Commission on October 15t ". At that time the Commission would 3 have three options to consider: 1) Accept the advise of the 4 developer to approve more money; 2) to reject the price and 5 proceed to negotiate with the next contractor; or 3) bring the 6 project to a standstill 7 8 Attorney Gallop related that for house keeping purposes Vice 9 Mayor Russell had requested an ordinance be drafted enacting a 10 Stormwater Utility Trust Fund. After a review of the Section 17- 11 4, paragraph 8, of the City's Code of Ordinance, a provision was 12 found to cover the stormwater trust fund issue. 13 14 Attorney Gallop provided the Commission members with a draft 15 ordinance creating a Finance Antitrust Committee. 16 17 Attorney Gallop provided a status report on Wagner Vs. City 18 of South Miami. This matter is now in the hands of an 19 Arbitrator. 20 21 After there were no further questions or questions for the 22 City Attorney this report concluded. 23 24 PUBLIC REMARKS 25 26 The following individuals were afforded an opportunity for 27 comments. The majority of those speaking expressed concerned 28 with the 75% reduction in trash service. They cited lack of 29 educating/ informing the residents of this decision as another 30 major concern. A super majority of the residents indicated that 31 they would rather pay additional for the service or have a tax 32 increase than a reduction in service: 33 34 1. Marie Birts - Cooper of 6520 SW 58th Place; 35 2. Mr. David Tucker, Sr., of 7556 SW 78th Terrace; 36 3. Mr. Carlos Sanchez of 8151 SW 62 "" Avenue; 37 4. Mr. James Rooz of 6951 SW 68th Court; 38 5. Ms. Valerie Newman of 6910 SW 64th Avenue; 39 6. Mr. Williams of 5700 SW 48th Street; 40 7. Mr. Bob Welsh; 41 8. Ms. Juliene Pureroy of 6090 SW 63rd Avenue; 42 9. Mr. Craig Sherar of 6501 SW 61 "t Avenue; 43 10. Mr. Walter Harris; 44 11. Ms. Beth Schwartz; 45 12. Ms. Sharon McCain of 7502 SW 58th Avenue; 46 13.. Mr. Jay Be'chman of 6520 SW 65t" Street; 47 14. Mr. Dean Whitman of 6259 SW 70th Street; 48 15. Ms. Nancy Beard of 6146 SW 65th Avenue; 49 16. Mr. Adrian Ellis of 6521 SW 58t "' Avenue; 50 17. Mr. Alex Cuello;; REGULAR CITY COMMISSION 4 MINUTES - October 1, 2002 1 18. Mr. Tony Seller of 6310 SW 67th Avenue; 2 19. Ms. Suzanne Gilmore of 6310 SW 67t'' Avenue; 3 20. Mr. Frank Cuzzocrea of 6240 SW 75"' Terrace; 4 21. Mr. John Edward Smith of 7531 SW 64th Court; 5 22. Al Rib as of 6310 SW 68t" Court 6 23. Ms. Roxanne Scalia appeared before the City Commission 7 to voice her concerns in regard to the safety of children 8 walking to and from school. 9 10 Commissioner Wiscombe indicated that he was not pleased to 11 have received phone calls from residents upset with the reduction 12 in trash pickup service, which he knew nothing about. He said 13 that it was certainly not his intent during the budget process, 14 to have City services reduced. 15 16 Vice Mayor Russell related that she was not in support of a 17 reduction in any City services. She said that the letter sent 18 out by administration, to residents in regard to the reduction in 19 trash pickup service was a surprise to her. She attributed this 20 surprise to a breakdown in communication between administration, 21 the elected officials and the residents. She suggested having 22 administration address this issue at the next City Commission, 23 utilizing the input and suggestions from the residents (e.g. 24 additional trash fee versesadding trash fee into tax bill). She 25 said that 'she . wanted time to reflect on this issue before moving 26 forward with a workable solution. 27 28 Commissioner Feliu commended the residents for coming 29 forward and speaking in a proactive and responsive manner. He 30 conveyed his commitment to work diligently on improving 31 communication between the City and its residents. 32 33 Commissioner Bethel said that he did not agree with the 34 reduction in City services. He further concurred that the City's 35 communication' mechanism has to be improved. He said that one of 36 the reasons people are moving to South Miami is because of the 37 services. 38 39 At the conclusion_ of this discussion, administration was 40 directed to increase trash pickup to twice a month instead of 41 once a month until this matter can be resolved. Administration 42 will provide residents with a flyer announcing this new trash 43 pickup schedule. 44 45 Vice Mayor Russell emphasized the importance of having 46 administration bring back at the next City Commission meeting, a 47 realistic solution to the trash pickup situation. 48 REGULAR CITY COMMISSION 5 MINUTES - October 1, 2002 1 At the conclusion of the public remarks, the City Manager's 2 report continued and is reflected in the appropriate section of 3 the minutes. 4 AGENDA 5 6 RESOLUTION NO. 144 -02 -11493 7 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 8 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 9 MANAGER TO DISBURSE THE SUM OF $5,175.00 TO TEMPTROL 10 AIR CONDITIONING INC. FOR THE REPLACEMENT, INSTALLATION 11 OF A NEW 5 TON TRANE ROOFTOP PACKAGE AIR CONDITIONING 12 UNIT- AT THE POLICE DEPARTMENT AND CHARGING THE 13 DISBURSEMENT TO ACCOUNT 001- 1710- 519 -4670, "MAINTENANCE 14 AND REPAIRS OF GROUNDS AND STRUCTURES.J° 3/5 15 16 RESOLUTION NO. 145 -02 -11494 17 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S 19 FEES; APPROVING ATTORNEY'S FEE'S FOR LOTT & LEVINE IN 20 THE AMOUNT OF $3,299.70; CHARGING THE AMOUNT TO ACCOUNT 21 NO. 1500 - 514 -3435; CONTRACTUAL SERVICES, REAL PROPERTY; 22 PROVIDING FOR AN EFFECTIVE DATE. 3/5 23 24 Moved by Commissioner Feliu, seconded by Vice Mayor Russell 25 and Commissioner Bethel to approve the Consent Agenda. 26 27 There, being no discussion the motion passed by a 4 -0 vote. 28 29 Commissioner Wiscombe: Out of room 30 Vice Mayor Russell: Yea 31 Commissioner Feliu: Yea 32 Commissioner Bethel: Yea 33 Mayor Robaina Yea 34 35 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 36 There were none 37 38 RESOLUTION (S) /PUBLIC HEARING (S) 39 40 6. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE 41 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST 42 FOR SPECIAL EXCEPTIONS FROM PROVISIONS CONTAINED IN 43 SECTIONS 20 -7,.9 AND 20 -7.11 OF THE LAND DEVELOPMENT 44 CODE TO ALLOW FOR THE CONSTRUCTION OF A PROPOSED THREE 45 STORY RETAIL AND PARKING GARAGE COMPLEX IN THE SR (HD- 46 OV) SPECIALTY RETAIL HOMETOWN OVERLAY DISTRICT FOR 47 PROPERTY LEGALLY DESCRIBED'AS LOTS 35, 36, 37, 48, 49, 48 50, W. A. LARKINS SUBDIVISION (5801 SW 73rd STREET); REGULAR CITY COMMISSION 6 MINUTES - 'October 1, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SPECIAL EXCEPTIONS REQUESTED FOR LOT COVERAGE, BUILDING FRONTAGE, BUILDING GROUND FLOOR AREA, AND AWNING LENGTH; PROVIDING FOR AN EFFECTIVE DATE. 4/5 Moved by Mayor Robaina, seconded by Vice Mayor Russell to defer this item. There, being no discussion the motion passed by a 4 -0 vote. Commissioner Wiscombe: Out of room Vice Mayor Russell: Yea Commissioner Feliu Yea Commissioner Bethel: Yea Mayor Robaina: Yea RESOLUTION (S) RESOLUTION NO. 146 -02 -11495 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A WAIVER OF PLAT PURSUANT TO SECTION 20-4.2(B) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED IN THE RS' -3 "LOW DENSITY RESIDENTIAL," LOCATED AT 8151 SW 62ND AVENUE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE.. (Deferred from September 17, 2002) 3'/5 Moved by Mayor Robaina, seconded by Vice Mayor Russell and Commissioner Bethel to approve this item. Mr. Lorber the City's Planning Director related that since this item was first introduced before the City Commission, the applicant has canvassed the neighborhood, and submitted a petition signed by the six abutting property owners. At the conclusion of this discussion, the motion passed by a 4 -0 vote. Commissioner Wiscombe: Out of room Vice Mayor Russell: Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Mayor Robaina: Yea 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE RATIFYING A $2,439,9,44.52 LOAN TO MRP PROPERTIES FOR THE DESIGN AND CONSTRUCTION OF A PUBLIC PARKING GARAGE REGULAR CITY COMMISSION MINUTES - October 1; 2002 7 1 PROJECT LOCATED AT S.W. 73rd STREET; PROVIDING FOR AN 2 EFFECTIVE DATE. 3/5 3 4 Moved by Vice Mayor Russell, seconded by Mayor Robaina to 5 defer this item. 6 7 There,, being no discussion the motion to defer passed by a 8 5 -0 vote 9 10 Commissioner Wiscombe: Yea 11 Vice Mayor Russell: Yea 12 Commissioner Feliu: Yea 13 Commissioner Bethel: Yea 14 Mayor Robaina: Yea 15 16 17 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DISBURSEMENT 19 OF $20,000.00 TO THE RED /SUNSET MERCHANTS ASSOCIATION 20 AS 2001 -2002 CITY CONTRIBUTION TO THE PROMOTIONAL 21 ACTIVITIES IN THE CITY BUSINESS DISTRICTS; PROVIDING AN 22 EFFECTIVE DATE. (Deferred from Sept. 17, 2002) 3/5 23 24 Moved by Vice Mayor Russell, seconded by Commissioner 25 Wiscombe to defer this item. 26 27 There, being no discussion the motion to defer passed by a 28 5 -0 vote. 29 30 Commissioner Wiscombe: Yea 31 Vice Mayor Russell: Yea 32 Commissioner Feliu: Yea 33 Commissioner Bethel; Yea 34 Mayor Robaina Yea 35 36 RESOLUTION NO. 147 -02 -11496 37 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 38 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO INTERLOCAL 39 AGREEMENT WITH THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 40 AGENCY, AUTHORIZING AN INCREASE OF $36,468 ON THE LOAN 41 FOR PURCHASE OF THE MOBLEY PROPERTY; RESCINDING 42 RESOLUTION NUMBER 86 -01 -11234 AND PROVIDING AN 43 EFFECTIVE DATE. 3/5 44 45 Moved by Mayor Robaina, seconded by Commissioner Feliu to 46 approve this item. 47 48 Manager Scurr explained that this is the additional amount 49 loaned to the CRA_to purchase the Mobley property. REGULAR CITY COMMISSION 8 MINUTES- October 1, 2002 1 , 2 At the conclusion of this discussion the motion passed by a 3 5 -0 vote. 4 5 Commissioner Wiscombe: Yea 6 Vice Mayor Russell: Yea 7 Commissioner Feliu: Yea 8 Commissioner Bethel: Yea 9 Mayor Robaina: Yea 10 11 RESOLUTION NO. 148 -02 -11497 12 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE 14 ACCEPTANCE OF A FY 2002 EDI- SPECIAL PROJECT GRANT FROM 15 THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE 16 AMOUNT OF $340,000; AUTHORIZING THE CITY MANAGER TO 17 EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; AND 18 PROVIDING AN EFFECTIVE DATE. 3/5 19 20 Moved by Mayor Robaina, seconded by Vice Mayor Russell to 21 approve this item. 22 23 Manager Scurr said this funding could be used for a variety 24 of water projects both in the CRA and downtown areas. 25 26 At the conclusion of this discussion the motion passed by a 27 5 -0 vote. 28 29 Commissioner Wiscombe: Yea 30 Vice Mayor Russell: Yea 31 Commissioner Feliu: Yea 32 Commissioner Bethel: Yea 33 Mayor Robaina: Yea 34 35 RESOLUTION NO. 149 -02 -11498 36 12.. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 37 CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING THE FLORIDA 38 DEPARTMENT OF TRANSPORTATION (FDOT) LUDLAM TRAIL NON- 39 MOTORIZED CORRIDOR PLANNING AND ENVIRONMENTAL STUDY 40 (PHASE 1); PROVIDING AN EFFECTIVE DATE. 3/5 41 (Mayor Robaina & Commissioner Wiscombe) 42 43 Moved by Commissioner Feliu, seconded by Vice Mayor Russell 44 and Commissioner Wiscombe to approve this item. 45 46 Mayor Robaina said this resolution would send a strong 47 message in support of the Ludlam Trail. 48 REGULAR CITY COMMISSION 9 MINUTES - October 1, 2002 1 At the conclusion of this discussion the motion passed by a 2 5 -0 vote. 3 4 Commissioner Wiscombe: Yea 5 Vice Mayor Russell: Yea 6 Commissioner Feliu: Yea 7 Commissioner Bethel: Yea 8 Mayor Robaina: Yea 9 10 ORDINANCE (S) FIRST READING (S) 11 There were none 12 13 COMMISSION REMARKS 14 15 Each Commission member was afforded an opportunity for 16 comments. 17 18 After there was no further business to come before this 19 Body, the meeting adjourned at 11:30 p.m. 20 21 Approved 22 23 24 Attest 25 Mayor 26 27 28 City Clerk 29 30 REGULAR CITY COMMISSION 10 MINUTES - October 1, 2002 5 Call To Order 6 7 The City Commission of the City of South Miami, Florida met 8 in Special Session on Tuesday, September 10, 2002, beginning at 9 7:45 p.m., in the City Commission Chambers, 6130 Sunset Drive, 10 South Miami, Florida. 11 12 A. Roll Call. 13 The following members of the City Commission were present: 14 Mayor Julio Robaina, and Commissioners David D. Bethel, Randy G. 15 Wiscombe and Horace G. Feliu. Vice Mayor Mary Scott Russell 16 arrived at 8:50 p.m. 17 18 Also in attendance were: City Manager Charles D. Scurr, 19 City Attorney Earl G. Gallop, Finance Director Hakeem Oshikoya 20 and City Clerk Ronetta Taylor. 21 22 B Invocation 23 Commissioner Feliu delivered the Invocation. 24 25 C. Pledge of Allegiance. 26 The Pledge of Allegiance was recited in Unison. 27 28 ITEMS FOR THE COMM'ISSION'S CONSIDERATION: 29 30 Manager Scurr provided a visual presentation of the proposed 31 budget and recommendations, which is made apart of the record 32 and attached hereto as Appendix A: 33 34 Mr. Dick Ward, a member of the City's Budget Committee 35 provided a visual presentation of the Committee's 36 recommendations for budgetary reductions for the FY 2002 =03 and 37 presented Options on to accomplish this. 38 39 Option A. 40 The easiest way to eliminate the $1,034,000 budget deficit 41 could be accomplished by: Reducing trash pickup to twice a 42 month, as recommended by the City Manager, this would generate a 43 savings of $165,000; The City Manager has also proposed 44 increasing the parking cost by twenty -five cents to $1.00 per -45 hour, this would generate revenue in the amount of $200,000; The 46 City manager has also recommended a Burglar Alarm Registration 47 fee, which would generate approximately $100,000; an increase in SPECIAL CITY COMMISSION 1 MINUTES - September 10, 2002 1 Code Enforcement fines as recommended by the City manager would 2 generate an additional $20,000. In total the City Manager's 3 recommendations would generate $485,000. 4 5 In addition to the City Manager's recommendations, the 6 Budget Committee is recommending the following: Reduce each 7 departmental budget request by 50. This would reduce the budget 8 by $482,130; No COLA increases for any employees with a salary of 9 $50,000 and above. This would further reduce the budget by 10 $98,948; In addition, by not funding the Red Sunset Merchants 11 Budget request for 2001/02, or 2002/03, would result in a $37,000 12 reduce to the budget; By recovering FEMA money which was promised 13 to the City of South 'Miami by the Federal government for the 14 City's assistance in the 9/11 disaster would provide' the City 15 with an additional $19,000. The total reduction would be, if 16 recommendations were adhered to is $1,122,078. Money needed to 17 balance the budget is $1,034,000. A surplus of 18 $88,078 would be realized from the recommended budgetary 19 reductions. 20 21 The City Manager has said that in order to balance this 22 year's budget there is a need for an increase in fees and other 23 possible budget cuts that will total $1,034,000. To accomplish 24 the task of balancing the budget increases in fees and the 25 reduction of each departmental budget must be initiated. It is 26 important for the residents to see that the City administration 27 is reducing the allocations to each of the City departments and 28 other administrative cost. 29 30 Option B. 31 At the August Budget Workshop the City Manager indicated 32 that it would take $954,000 to balance the budget. To accomplish 33 this the Budget Committee is recommending that the City Manager 34 and department heads reduce the budget (which includes the 35 requested fee increase of $485,000, plus $482,130 that department 36 heads cut from their budget by 3.6% of the total budget for a 37 total of $967,130). This would leave a surplus of $13,130,00. 38 There is a Pension Fund deficit of $89,000. By adding that 39 surplus of $13,130.00 to the Pension Fund, that deficit would be 40 reduced to $75,870. No COLA increase for employees making 41 $50,000 or more would generate a savings of $98,948. By 42 subtracting the pension deficit from the savings generated by no 43 COLA increases would generate a surplus of $23,078. By not 44 funding the Red Sunset Merchants budgetary request for 2001/02 45 and 2002/03 would generate a savings of $37,000. Adding this 46 amount to the existing surplus realized from the no COLA 47 increases and pension deficit would constitute a surplus of 48 $60,00,0. If the FEMA money promised by the Federal government 49 for the City's participation in the _9 -11 disaster was recovered, 50 an additional surplus of $19,000 could be realized. With all SPECIAL CITY COMMISSION 2 MINUTES - September 10, 2002 1 these factors taken into consideration, the City could realize a 2 surplus of $79,078. 3 4 Ms. Dianne Wright, another member of the City's Budget 5 Committee appeared before the City Commission and indicated that 6 the Commission had three choices: 1) Go line by line and take out 7 some of those things that are not going to make it impossible or 8 intolerable; 2) raise taxes to fund the entire budget; or 3) take 9 a bold step and change what is being done with the services by 10 either eliminating or making radical changes (e.g. privatizing 11 garbage, isolate garbage fee on tax bill). She emphasized that 12 the City has to make some hard choices. 13 14 ORDINANCE(S) FIRST READING /PUBLIC HEARING (S) 15 16 1. AN ORDINANCE, OF THE MAYOR AND CITY COMMISSION OF THE 17 CITY OF SOUTH MIAMI, FLORIDA, FIXING THE MILLAGE AT 18 6.373 WHICH_ EXCEEDS THE ROLLBACK RATE BY 5.25% AND 19 RESULTING IN NO CHANGE IN PROPERTY TAX RATE IN THE CITY 20 OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2002 /2003; 21 PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND 22 AN EFFECTIVE DATE 3/5 23 24 Moved by Mayor Robaina, seconded by Commissioner Feliu to 25 approve this ordinance on first reading, with second reading and 26 public hearing scheduled for September 24, 2002. 27 28 Attorney Gallop explained that the items are placed on the 29 Agenda in accordance with State law. He recommended that this 30 item be tabled in order to consider the next item. At the 31 conclusion of discussion on the second item return to this item 32 for discussion. 33 34 Moved by Mayor Robaina, seconded by Commissioner Feliu to 35 table this item until after discussion on the second item. 36 37 There, being no further discussion the motion to table 38 passed by a 5 -0 vote. 39 40 Commissioner Bethel: Yea 41 Commissioner Feliu: Yea 42 Vice Mayor Russell: Yea 43 Commissioner Wiscombe: Yea 44 Mayor Robaina: Yea 45 46 After placing this item back on the tab -le, the motion to 47 approve passed by a 4 -1 vote. 48 49 Commissioner Bethel Yea 50 Commissioner Feliu: Yea SPECIAL CITY COMMISSION 3 MINUTES - September 10, 2002 1 Vice Mayor Russell: Nay 2 Commissioner Wiscombe: Yea 3 Mayor Robaina: Yea 4 5 2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 7 $.1-3-y-2-04-j-6-30__ 12 , 737 , 500.00 AND PAY PLAN FOR THE 8 2002/2003 FISCAL YEAR; PROVIDING FOR SEVERABILITY; 9 ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 10 11 Moved by Commissioner Feliu, seconded by Commissioner 12 Wiscombe to approve this item on first reading (as amended) , 13 with second reading and public hearing scheduled for September 14 24, 2002. 15 16 Mayor Robaina opened the floor for the public hearing. 17 18 The following individuals were afforded an opportunity for 19 comments: 20 21 Mr. David Tucker Sr., of 6555 SW 78th Terrace; 22 Mr. Dan McCrea of 6200 SW 63r" Court; 23 Ms. Cathy McCann of 5820 SW 87th Street; 24 Mr. Cal Rosenbaum a property in South Miami; 25 Mr. Dean Whitman of 6490 SW 70th Street; 26 Mr. Fred Stockhauser of 6303 SW 43"' Street; 27 Mr. Craig Sherar; 28 Ms. Yvonne Beckman of 5871 SW 83r" Street 29 Mr. Adrian Ellis of 6521 SW 58th' Avenue; 30 Ms. Valerie Newman Hurley; 31 Mr. George Rudd of 7901 SW 64th Avenue; 32 Mr. David Fryer; and 33 Ms. Laurie Perry of 6380 SW 66th Street. 34 35 After there were no other interested parties to speak on 36 behalf of this item, the public hearing was closed. 37 38 Commissioner Feliu articulated his opposition to raising the 39 millage rate or separating the garbage fees. He conveyed 40 agreement with the Budget Committee in regard to the elimination 41 of COLA for staff members with a salary range of $50,000 and 4 -2 above. He supported the twice a month trash pickup. He further 43 conveyed support of consolidating staff responsibilities and or 44 having certain responsibilities done on a part -time basis. 45 46 Commissioner Wiscombe concurred with Commissioner Feliu in 47 regard to the COLA. He conveyed his opposition to the separation 48 of the garbage fee. He voiced his support of twice a month 49 trash pickup. He said that the City was top heavy in 50 administrative staff and this needed to be looked at. He SPECIAL CITY COMMISSION 4 MINUTES — September 10, 2002 1 emphasized the importance looking at creative way to schedule 2 employee shifts to coincide with the Special Events sponsored or 3 co- sponsored by the City. He questioned how would the deficit in 4 the Pension fund be made up. He said this issues has not been 5 addressed and requested that a report regarding this matter be 6 provide to the City Commission before they make a final decision 7 on the budget. 8 9 Vice Mayor Russell related that the complaints and the 10 concerns are exactly the same as last fiscal year. She opined 11 that denying the Red Sunset Merchants request for funding wasn't 12 good for the City as a whole. She further opined that adding 13 the additional garbage fee was a good idea. She indicated that 14 she was not for reducing services and did not think that 15 reducing the trash pickup service was a good idea. She opined 16 that the City Commission had an obligation to the residents to 17 provide great service, great police and keep the taxes low. She 18 expressed disappointment with the loss of the Victim Advocate 19 position. She conveyed support of COLA increases for City 20 employees,. She addressed the overtime, budget and opined that 21 the City was perhaps understaffed, which results in people 22 having to work extra hours during special events. She 23 emphasized that the Commission needed to take care of the 24 downtown area and the City's employees. 25 26 Commissioner Bethel thanked the Budget Committee for doing 27 an excellent job. He conveyed support of COLA for all City 28 employees. He suggested the reformation of departmental budgets 29 to reflect the cost of gasoline and vehicle maintenance in order 30 to determine the exact expenditure for each department. He 31 opined that the City was too small for two Assistant City 32 Managers and two Assistant Police Chiefs positions. 33 34 Mayor Robaina indicated that he was not in favor of reducing 35 services. He suggested putting the COLA increases on hold. He 36 related that he would reserve further comments until after the 37 next budget hearing. 38 39 Moved by Commissioner Feli.u, seconded by Mayor Robaina to 40 amend the ordinance to reduce the total budget amount from 41 $13,204,63 0 to $12,737,500. 42 43 There,, being no further discussion on the amendment the 44 motion passed by a 5 -0 vote. 45 46 Commissioner Wiscombe: Yea 47 Vice Mayor Russell: Yea 48 Commissioner Feliu: Yea 49 Commissioner Bethel: Yea 50 Mayor Robaina: Yea SPECIAL CITY COMMISSION 5 MINUTES - September 10, 2002 1 2 At the conclusion of this discussion, the motion on the 3 ordinance as a whole passed by a 4 -1 vote. 4 5 Commissioner Wiscombe: Yea 6 Vice Mayor Russell: Nay 7 Commissioner Feliu: Yea 8 Commissioner Bethel Yea 9 Mayor Robaina: Yea 10 11 At the conclusion of this discussion, the Commission placed 12 Item l back on the floor for further discussion and adoption. 13 14 3. Adjournment 15 16 There, being no further business to come before this Body, 17 the meeting adjourned at 10 :38 p.m. 18 19 Approved 20 21 Attest: 22 23 Julio Robaina 24 Mayor 25 Ronetta Taylor, CMC 26 City Clerk 27 28 SPECIAL CITY COMMISSION 6 MINUTES - September 10, 2002 • • 1 I I L I co co � co ro rrV d4 1 cot o OIq co � co' o co 0 0• coo fi �cr ro a o co 0 e3c A; & "o C) 4 l�V •� 0 coo r co 7, L y t'4 N p O O 6Z.. O V` o CV V � n o a r fD fD .G vii CrQ ?� :0 `3 nAti ro eD "�• Ro Oaf A�.r CA `� It• •i • G. "t3 y `a ft CD f9 CL Q N 0 rr C' � Q E�C �I y 6Z.. O V` o CV V � o a x �• ti ('Q o tM Q y � Q o- o C o O � � y y A O 0 0 • • • r • s ro ro ro � nn�� -� y `. y C o fD .r rr rj„ y y e�f R Ora a 0 7a• d fD y a c, o' y "S 0 1 SU ■s LL . A A� C nay CAfD H a A O A O• O v. A r•r rA a e A• f9 AA 0 . 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