12-03-02CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: December 3, 2002 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Dater December 17, 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.)
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
REGULAR CITY COMMISSION 1
AGENDA - December 3, 2002
1. Approval of Minutes — Special Meeting November 6, 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 THE CONTRACT
CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH PIOS & SONS
ENTERPRISES, INC FOR AN AMOUNT OF $20,000 AND WITH
DISBURSEMENT TO COME FROM "LOCAL OPTION GAS TRUST FUND
ACCOUNT NUMBER 112- 1730.- 541 -4640 "MAINTENANCE AND
REPAIR STREETS AND PARKWAYS "; PROVIDING AN EFFECTIVE
DATE. 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 2003
APPLICATION FOR WATER PROJECTS FUNDING UNDER HOUSE BILL
851 PROVIDING AN EFFECTIVE DATE. 3/5
6. A RESOLUTION OF THE 'MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE $8,500.00 TO K & S PAINTING AND
PLASTERING FROM ACCOUNT 003 - 0000 -115 -7022 DANTE FASCELL
FRDAP GRANT E +FFECTIVE DECEMBER 3, 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 THE FY 2003 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FOR THE CHURCH STREET RECONSTRUCTION
PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE
APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE. 3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO BOARDS AND
COMMITTEES; AMENDING SECTION 2 -26 (B) OF,'THE CODE OF
ORDINANCES ENTITLED "COMMISSION FOR WOMEN" CHANGING THE
MEMBERSHIP FROM TEN TO ELEVEN; PROVIDING FOR
REGULAR CITY COMMISSION 2
AGENDA - December 3, 2002
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. (Deferred from November 21, 2002)_
(Vice Mayor Russell) 3/5
RESOLUTION (S) /PUBLIC HEARING (S)
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -5.12 (F) (1) OF THE LAND DEVELOPMENT CODE,
FOR APPROVAL OF A MAJOR CHANGE TO A PLANNED UNIT
DEVELOPMENT (PUD)., FOR THE EXPANSION OF SOUTH MIAMI
HOSPITAL, LOCATED WITHIN THE "PUD -H" PLANNED UNIT
DEVELOPMENT - HOSPITAL ZONING DISTRICT, AND MORE
SPECIFICALLY LOCATED AT 6200 73RD STREET; PROVIDING FOR
AN EFFECTIVE DATE. 4/5
RESOLUTION (S)
10. A RESOLUTION OF THE MAYOR AND
CITY OF SOUTH MIAMI, FLORIDA
MANAGER TO DISBURSE THE SUM NC
ADVANCED PUBLIC SAFETY, INC.,
VIRTUAL PARTNER VOICE RESPONSE
POLICE DEPARTMENT. FUNDS TO BE
NUMBER 615- 1910 -521 -6420 FEDERP
EQUIPMENT.
CITY COMMISSION OF THE
AUTHORIZING THE CITY
)T TO EXCEED $35,641 TO
FOR THE PURCHASE OF
AND QUICKTICKET FOR THE
DISBURSED FROM ACCOUNT
Z FORFEITURE (OPERATING
3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF
SOUTH MIAMI,
FLORIDA, AUTHORIZING
THE CITY
MANAGER
TO REINSTATE
WEEKLY TRASH SERVICE
EFFECTIVE
JANUARY
6, 2003 AND
TO LEASE A NEW TRASH
CRANE AND
TRUCK;
CHARGING THIS
DISBURSEMENT TO AN
ESTIMATED
$90,000
IN UNBUDGETED
,FUNDS TO BE RECEIVED BY THE CITY
FROM THE PROCEEDS OF
THE BAPTIST HEALTH SYSTEMS BOND
ISSUE; PROVIDING AN EFFECTIVE DATE.
3/5
(Mayor
Feliu)
ORDINANCE (S) FIRST READING (S)
There are none
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2. 1 (k) (2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON. MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
REGULAR CITY COMMISSION 3
AGENDA December 3, 2002
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMKISSION. '.
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MOB BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING,, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.'
REGULAR CITY COMMISSION 4
AGENDA = December 3, 2002
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: November 25, 2002
FROM: Charles D. Scurr SUBJECT: Agenda Item #
City Manager Commission Meeting,
December 3, 2002
Request to authorize City Manager
to execute a maintenance agreement
with Pios & Sons Enterprises, Inc.
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS
REPAIRS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
PIOS & SONS ENTERPRISES, INC. FOR AN AMOUNT OF $20,000 AND WITH
DISBURSEMENT TO COME FROM "LOCAL OPTION GAS TRUST FUND ACCOUNT
NUMBER 112- 1730 -541 =4640 "MAINTENANCE AND REPAIR STREETS AND
PARKWAYS "; PROVIDING AN EFFECTIVE DATE.
BACKGROUND /ANALYSIS
Some sidewalks within the City's rights -of -way need major repairs. We have received several
complaints and documented repair locations with a priority list of areas to repair immediately. To
quickly tackle the problem, we contacted neighboring cities for a copy of the active sidewalk
repair contract, instead of preparing new bid documents and going through a bidding process.
In our quest, we determined that Pios & Sons Enterprises, Inc., currently perform sidewalk repair
services to the Village of Pinecrest through their Purchase Order number 648. Their contract
with the Village of Pinecrest was executed on April 18, 2002. The attached resolution would
authorize the City Manager to enter into a contract with Pios & Sons Enterprises, Inc., based
upon their aforementioned unit price contract with the Village of Pinecrest. The disbursement
will be from "Maintenance & Repair- Streets & Parkways" Account No. 112- 1730 -541 -4640
with current account balance of $56,000.
RECOMMENDATION
It is recommended that the City Commission approve the resolution.
Attachments:
• Resolution
• Village of Pinecrest Contract dated April 18, 2002
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT
CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH PIOS & SONS
ENTERPRISES, INC. FOR AN AMOUNT OF $20,000 AND WITH
DISBURSEMENT TO COME FROM "LOCAL OPTION GAS TRUST FUND
ACCOUNT NUMBER 112- 1730 -541 -4640 "MAINTENANCE AND REPAIR
STREETS AND PARKWAYS' PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wishes to provide much needed sidewalk repairs within the
City, and
WHEREAS, Pios and Sons Enterprises, Inc. a contacted vendor for the Village of Pinecrest, has the
expertise and the equipment to provide sidewalk repairs, and;
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract
with Pios and Sons Enterprises, Inc. for an amount of $20,000.00.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the CITY
OF SOUTH MIAMI, FLORIDA that:
Section 1. The City Manager is authorized to enter into a contract with Pios and Sons Enterprises, Inc. to
be based upon their current unit price contract with the Village of Pinecrest to provide sidewalk
repair /replacement services for an amount of $20, 000.00 to be charged to account number 112- 1730 -541-
4640.
Section 2. This resolution shall become effective immediately after adoption.
PASSED AND ADOPTED this day of , 2002.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Commission Vote:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Commissioner McCrea:
EMERGENCY SIDEWALK REPAIRS AGREEMENT
Pios & Sons Enterprises
THIS AGREEMENT, made and entered into on the 18 day of A p r i _, 2002
by and between the Village of Pinecrest, Pinecrest, Miami -Dade County, Florida, party of the
first part (hereinafter called "Village "), and Pios & Sons Enterprises, Sunny Isles, Florida,
party of the second part (hereinafter called "Contractor ");
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain professional
services as specifically described in accordance with the project specifications attached as
Exhibit A and with Paragraph 1, scope of services in this Agreement ( "Specified Services ").
The CONTRACTOR wants to provide such Specified Services in connection with the 4
inches thick, 3500 psi, 5 feet wide concrete sidewalks.
In consideration of the mutual covenants set forth in this Agreement, the parties agree
as follows:
1. SCOPE OF SERVICES
The CONTRACTOR agrees, as directed by the Village Manager or his designee,
to perform the following services:
Furnish all material, labor and equipment in performing all operations necessary
in connection with the 4 inches thick, 3500 psi, 5 feet wide concrete sidewalks
and strict accordance with the scope of these professional services based on the
preliminary documents attached as Exhibit A.
2. FEES FOR SERVICES
Upon satisfactory completion of the specified work as determined by the sole
discretion of the Village Manager, the CONTRACTOR agrees to charge the
VILLAGE in accordance with the negotiated price of $17,700.00.
3. INVOICING AND PAYMENT
The CONTRACTOR will issue an invoice once a month for the work, which has
been completed, in the Village Manager's sole discretion. If he/she determines
4. TERM
that the work specified in the invoice has been performed according to the job
specifications, the VILLAGE shall pay such invoice within 30 days.
The VILLAGE shall pay to the CONTRACTOR for the faithful performance of
this Agreement, in lawful money of the United States of America.
All work shall be completed within 30 calendar days from the date of the Notice
to Proceed. The term of this Agreement shall therefore terminate upon
completion of the project, unless terminated pursuant to Paragraph 7 or extended
pursuant to Paragraph 9.
5. ASSIGNT
This Agreement shall not be assignable by the CONTRACTOR.
6. PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person(s), company, corporation, individual or firm, other than
a bona fide employee working solely for, the CONTRACTOR any fee,
commission, percentage, gift, or any other consideration, continent upon or
resulting from the award or making of this Agreement unless approved by the
VILLAGE.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon 10 days' written
notice with or without cause and by the CONTRACTOR upon 30 days' written
notice with or without cause. If this Agreement is terminated, the
CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of
this contract for all acceptable work performed up to the date of termination.
8. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONTRACTOR pursuant to this Agreement
shall be nonexclusive and nothing herein shall preclude the VILLAGE from
engaging other firms to perform the same or similar services for the benefit of the
VILLAGE within the VILLAGE'S sole and absolute discretion.
9. ENTIRE AGREEMENT
This agreement, together with all pertinent documentation including bid
specifications and related materials shall constitute the entire Agreement which
may only be amended or modified upon written agreement between the parties.
10. WARRANTIES OF CONTRACTOR
The CONTRACTOR hereby warrants and represents that at all times during the
term of this Agreement it shall maintain in good standing all required licenses,
certifications and permits required under federal, state and local laws necessary to
perform the Specified Services. CONTRACTOR must also provide proof of
insurance to the VILLAGE to be made part of this contract. The CONTRACTOR
shall have and furnish Worker's Compensation insurance and Employer's
Liability insurance in the limits to comply with the Florida Statutes. The
CONTRACTOR shall also furnish Public Liability insurance and Contingent
Liability insurance for bodily injury and property damage liability in the
minimum limits of the policy'($1,000,000.00 per occurrence with a $1,000,000.00
aggregate). All to be in a form satisfactory to the VILLAGE and protecting the
VILLAGE from any loss due to any claim arising from or out of the contract
work, and shall have the same approved by the VILLAGE prior to the signing of
the contract. Proper certificates of such coverage shall be filed with the
VILLAGE at the time of contract signing.
11. ATTORNEY'S FEES
In connection with any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover reasonable attorney's fees and costs. This
provision shall exclude all litigation resolved by agreement of the parties.
12. NOTICES
All notices and communications to the VILLAGE shall be in writing and shall be
deemed to have been properly given if transmitted by registered or certified mail
or hand delivery. All notices and communications shall be effective upon receipt.
Notices shall be addressed as follows
VILLAGE: Peter G. Lombardi, Village Manager
Village of Pinecrest
11551 South Dixie Highway
Pinecrest, Florida 33156
With a copy to: Cynthia A. Everett, P.A., Village Attorney
2600 Douglas Road, Suite 1100
Coral Gables, Florida 33134
CONTRACTOR:
13. GOVERNING LAW
Guido H. Inguanzo, Jr.,CMC, Village Clerk
Village of Pinecrest
11551 South Dixie Highway
Pinecrest, Florida 33156
Hector Ortiz, Jr., President
Pios & Sons Enterprises
320 Atlantic Avenue
Sunny Isles, Florida 33160
This Agreement shall be construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above
written.
CONTRACTOR:
Hector Ortiz, Jr., President
Pios & Sons Enterprises
320 Atlantic Avenue
Sunny Isles, Florida 33160
By:
ecto Ortiz, Jr.
President
Attest:
VILLAGE:
VILLAGE OF PINECREST
Peter G. Lombardi, Village Manager
11551 South Dixie Highway
Att
Village Manager
4
TO: Ana Ortiz
Pios & Sons Enterprises
NOTICE OF AWARD
PROJECT DESCRIPTION: Remove existing asphalt or concrete and replace with 4 inch
thick, 3500 psi concrete sidewalk. In accordance with the project specifications, the
Village of Pinecrest has considered the Proposal submitted by you for the above
described work in response to its request for proposals.
You are hereby notified that your Proposal has been accepted for this project in the lump
sum amount of $17,700.
You are required to execute the Agreement and furnish the required Certificates of
Insurance within ten (10) days from the date of this Notice. If you fail to execute said
Agreement and to furnish said documents within ten (10) days, said VILLAGE will be
entitl t disqualify the P oposaT and re ke the award.
BY:
Maria Fernandez Porrata
Public Works Director
Dated this ^ day of April, 2002.
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged
by / � 7 {v ✓ �� z this the day of - c T 2002.
BY: A&A &
( a re)
TITLE: 251 pg4
You are required to return an acknowledged copy of this Notice of Award to the Village
Manager.
11551 SOUTH DIXIE HIGHWAY, PINECREST, FLORIDA 33156 • (305) 234 -2116 • FAX: (305) 234 -2119 • E- MAIL: publicworls@ci.pinecr -d1.us
TO: Ana Ortiz
Pios & Sons Enterprises
NOTICE TO PROCEED
PROJECT DESCRIPTION: Remove existing asphalt or concrete and replace with 4 inch thick,
3500 psi concrete sidewalk, in accordance with the Proposal dated April 4, 2002. The Village
has considered the Proposal submitted by you for the above described work in response to its
request for proposals.
You are hereby notified to commence work in accordance with the Proposal dated April 4, 2002,
on or before A pr i I � , 2002, and you are to complete the work within 30
calendar days thereafter. The date of completion of all work is therefore
Mai j 1-7, 26o2
Village of Pinecrest
BY:���
aria Fernandez Porrata
Public Works Director
ACCEPTANCE OF NOTICE
r) fi
Receipt of the above Notice to Proceed is hereby acknowledged by %AEG (i
on this % �h day of A10 C , 2002.
,1
I
BY: 1A 4AA)
(Sign e)
TITLE: F171C51witi
11551 SOUTH DIXIE HIGHWAY, PINECREST, FLORIDA 33156 • (305) 234 -2116 • FAX: (305) 234 -2119 • E -MAIL: publimarks®ci.pinecrest.fl.us
PURCV
SE ORDER
-
VILLAGE OF PINECREST
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11551 SOU-111 DIXIE HIGHWAY
PINECREST, FLORIDA 33156
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(305) 234 -2121
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FAX: (305) 234 -21:31 _
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VENDOR
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PIGS &
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Village of Phecrest
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320 ATLANTIC
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11509 South
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SUNNY ISLES, FL 33160
Public Work Department
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TERMS
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sidewalk work
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DESCRIPTION
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Retedios S
Policy Number
Policy EM!ctive Dar:
Pol" ivatioaDak:
Werkeez Caerpenatlan irxrner. Llydts
& F Ipleyer's LJ&Mty WC Statutory Liarib:
Other:
Policy Number: 2IWE CAS719 E1. Each Accident $100,000
Policy Effective Daae: 04, -73/01 E.L. Disease - EA Employee; 5100,000
Poli F*iotionDste:-
04/23/02 E.L. Disease - Pot" Lit: $500,000
Descvr% diaoof added byeod ►neoeat /specldprasldroa: -- — - -- - -- --° -
JOB DES:CONCRETF SIDEWALKS
Certificate Hdder
Careelsthta
AM:MARIA PORRATA
THE VMLAGE OF PINEC REST
Should any of the above described policies be cartnekd before the
11551 SCJG`Rd DIXIE HWY.
ertpiration dale thereof, Ile issuing insurer will enieavor to ma it 10 da}<
PINECRFST, FL 33156
written notice b the eertiLcate bider named b The lek Met fa ilroe In do
F3z:3052342119
so shall impose so obligation or liabQily of any land trpen the maser, its
aged m representatives.
Reference Nudxr. 0158 19APR01
AUTHORLMD RURESENTATIVE:
11:33N FRO-1: T0:3052342119 P:2/2
pigs & scns lEnterprises Inc. '-PROPOSAL
320 Atlantic Avenue
Sunny Isles, FL 33160 414/2002
(305) 919 -9662
To:
Village of Pinecrest
11551 South Dixie Highway
Pincrest, FL
Job Location:
Pinecr' est-
WORK DESCRIPTION QTY UNIT PRICE AMOUNT
Remove existing asphalt or concrete 5000 Sq.F1 $3.54 -- $17,700.00
Replace with 4' sidewalk.
' 3500 PSI concrete
Restoration includes: backfiiling and sod,
Inlcludes Maintenance of Traffic
$17,700.00
a
'tZC(11'po atcd
April 2, 2002
Ms. Maria Fernandez- .Porrata
Public Director
Vilbw of Pinecrest
11551 South Dixie Highway
Pinecrest, F133156
Via Fax: 305 - 234 -2119
RE: Price Quotation for the repair of concrete sidewalk at various locations throughout
the
APrC Proposal Number: C -0211
Dear Ms. Famandez-Ponaca:
APAC Group, Inc-, a full service Engineering Design and General Engineering Contraotor, is
pleased to submit this price quotation to the Village of Pinecrest for the repair and construction
of approximately 1000 feet of concrete sidewalk at various locations throughout the V ills -e. The
scope of work to be undertaken on this project is as follows: ttit
1. rurnish all labor, eyuiNrnCrnt wid materials for the removal and Kopoosits al, forming, pouring
atel 0 linear i'eet of 4 -inch thick 3,0 concret e sidewalk at
and fintshmg of approxtim y 200 �,
various locations throughout the Village inclnriing rrctoration cif the areas affected by the
Construction activities.
APAC Group, Inc.'s Ffxed Price for this Project shat! be 318,656.25.
APAC Group, Inc. is ready to start with the project upon receipt of written authori7winn. We
appreciate the opportunity to submit our price quotation for this challenging assignment. Please
do not hesitate to call me if you have any questions. If you concur with the foregoing and wish
to direct us to proceed with the aforementioned work, please execute the enclosed copy of the
Price Quotation in the space provided and return same to the undersigned.
As to CONTACTOR
APAC GROUP, INC.
Fawqtin Denis, Jr., P.P.
President
DATED: .4 ! rz— 00
As to CLIENT
Village of Pinecrest
Ms. Maxis, Fernandez-Porrata
Public Works Director
DATED:
C: 1Mr0oaiments\APACNProposalsl=11 Pine�idewalkt 0oofed
C
A 1 � ZC`iC• li. �) �i:�i + +,I i :��I'l�•i �.: il.' \,..1.
>05.s3,9.5
bU MAFfk,S bP.UIHEP•5 ifl(_ PAGE ul
MARKS BROTHERS, INC.
E1306
9455 N.W. 104TH STREET - MGDLCV, FLORIDA 33978
~ 7CLEPHONE 305- p05.6900
March 21, 2002 rAX 30S- 905 -A402
Mr. Gary Krackenberger
Public Works Foreman
Village of Pinecrest
1] 501 South Dixie Highway
Pinecrest, Florida 33156
Mr. Krackeuberger
The following proposal is for the sidewalks requiring immediate repair per your memorandum dated March 20,
2002.
Scope of Work:
New Installation:
SW 98 Street from SW 72 Avenue to existing sidewalk - approx. 600 sq. ft.
SW 120 Street from front of new parking lot to existing at SW 74 Avenue - approx. 1500 sq. ft.
Total - Approximately 2,100 square feet
All equipment, labor and materials to layout, ex to and removal of grass and miscellaneous schrubs and disposal
thereof; form and pour 4" sidewalk utilizing 3 0 psi concrete, broom finish, cleanup, sand edges and re -sod as
necessary, MOT included.
Removal and Replacement of Existing Sidewalks.
11700 SW 81 Road approx. 200 sq. ft
7290 SW 112 Street - approx. 300`sq.'ft.
11300 SW 74 Avenue- approx. 100 sq. ft
6800 SW 120 Street - approx. 275 sq. ft.
Total - Approximately 1,875 square fe°
All equipment, labor and ialsto excavate and removel of broken sidewalks and dispose thereof; form and pour
47 sidewalk utilizing 3 psi concrete, broom finish, cleanup, sand edges and re -sod as necessary, MOT included.
Asphalt to Concrete•.
SW 128 Street (souti side) from SW 82 Avenue to SW 83 Court - approx. 2,000 sq- ft.
All equipment, labor an to to excavate and removal of existing asphalt and dispose thercof; form and pour 4"
sidewalk utilizing 3, 0 psi concrete, broom finish, cleanup, sand edges and re -sod as necessary, MOT included.
Exclusions: permir to be reimbursed at cost and off- -duty police officers
Pricing: 5 4.95 per square foot (four dollars and ninety -five cents)
Please call me to discuss after your review 305 - 805 -6900 or 305- 986 -6272.
immediately. Thanks in advance for your consideration.
This project can be scheduled
Sincerel Marks Brothers, Inc.
�\
FAXTrwmmbslon
Tom Piero
Senior Project Manager batelihtfA"3 02 1:20 p►1.
Total Pagw. t
MARKS 8 ROTH ERSINC.COM � �� ��} C
C
' SERVINA SOUTH VLORIOA SINCF 13a S 21 i
FOUIPMENT RENTALS - LAND OGvELOPfNC - BUILDING DEMOLITION - PAVING EXCAVATING - UNDMIPOUNn CONSTRUC110N
-a
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Mayor and Commission DATE:
FROM: Charles D. Scurr SUBJECT:
City Manager
f �%
REQUEST
November 25, 2002
Agenda Item #
Commission Meeting,
December 3, 2002
Request to approve 2003 Application
for Water Project Funding under
House Bill 851
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO 2003 APPLICATION FOR WATER PROJECTS
FUNDING UNDER HOUSE BILL 851; PROVIDING AN EFFECTIVE DATE.
BACKGROUND /ANALYSIS
The Florida Legislature created a new funding process for various types of water projects
through the passage of House Bill 851 (now s. 403.885, F.S.) during the 2002 session. In meeting
the requirements of the statue, the Florida Department of Environmental Protection advertised a
Notice to Interested Parties & Potential Applicants on September 30, 2002. The notice required
that all applications be submitted for water projects by November 15, 2002.
The City's application was prepared and submitted before the application due date. We
submitted for Citywide Stormwater Improvements project in and amount of $1,750,000 and a
Water Distribution System Extension project in an amount of $2,000,0000. As part of the
application, we indicated that the application would be brought before the City Commission to
be heard and supported via an approved resolution.
RECOMMENDATION
It is recommended that the City Commission approve the resolution.
Attachments:
❑ Copy of 2003 Application for Water Project Funding
I
2
3
4
5
6
7
8
9
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13
14
15
16
17
18
19
20
21
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23
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27
28
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31
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RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO 2003 APPLICATION FOR WATER
PROJECTS FUNDING UNDER HOUSE BILL 851; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission wishes to support and adopt the City of
South Miami's 2003 Application for Water Projects Funding as much needed improvements
projects for the city, and a!
WHEREAS, the Mayor and City Commission wishes to request $1,750,000 and
$2,000,000 for Citywide Stormwater Improvements and Water Distribution System
Extension, respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That the Mayor and City Commission support and adopt the proposed
improvements in the 2003 Application for Water Projects Funding, under House Bill 851, as
a much needed improvement projects for the City of South Miami.
PASSED AND ADOPTED this
ATTEST:
Ronetta Taylor, City Clerk
READ AND APPROVED AS TO FORM:
Earl Gallop, City Attorney
day of , 2002.
APPROVED:
Horace G. Feliu, Mayor
1
Commission Vote:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Commissioner McCrea:
4V 4 Sour -0 City of South Miami
PUBLIC WORKS DEPARTMENT
INCORPORATED 4795 SW 75th Avenue
ID 1927 Miami
toRiP , FL 33155
Tel. (305) 663 -6350 Fax (305) 668 -7208
November 12, 2002
Florida Department of Environmental Protection
Division of Water Resource Management
2600 Blair Stone Road, Mail Station 3500
Tallahassee, Florida 32399 -2400
Ref.: Water Project Applications — Supplemental Submittal
Water Project Funding under House Bill 851
City of South Miami
To Whom It May Concern:
South Miami
w
2001
Enclosed are copies of our funding applications submitted via e-mail earlier today. As requested
in question number 15a of the application, attached are copies of our plan for each project. The
copies were extracted from our 2001 — 2006 Five -Year Capital Improvements Plan, as pages 18
and 19 Citywide Stormwater Improvements and Water Distribution Systems Extension,
respectively.
Should you have any questions or comments, please do not hesitate to contact me at (3 05) 663-
6350.
Sincerely,
�f �__.
W. Ajibola Balo g un REM
Public Works Director
Cc: Charles D. Scurr, City Manager
Application for Water Project Funding under
House Bill 851
(SUPPLEMENTAL DOCUMENT - ORIGINAL APPLICATION WAS SUBMITTED
ELECTRONICALLY)
City of South Miami
"Excellence, Integrity and Inclusion"
November 12, 2002
ID # (to be assigned by DEP)
Application for Water Project Funding under House Bill 851
The following information is required for all water projects (wastewater, stormwater, surface water
restoration, and other water management projects). You must complete all fields or your application
will be deemed incomplete.
1. Applicant (entity) name: City of South Miami
Name of local official authorizing application: Charles D. Scurr, City Manager
Street: 6130 Sunset Drive
City: South Miami
Zip Code: 33143
County: Miami -Dade
2. Project Title: Citywide Stormwater Improvements
3. Contact Person
Name: W. Ajibola Balogun
Phone Number: 3056636350
E -mail: abalogun @cityofsouthmiami.net
4. Applicant type (select one):
• County F-1
• Municipality (city, town, village) Z
• Water management districts ❑
• Special district that has legal responsibilities for water quality improvement, water management,
storm water management, sewer system operations, and lake and river restoration projects ❑
4a. If applicant is a county, is it designated as a Rural Area of Critical Economic Concern under s.
288.0656, Florida Statutes? Yes ❑ No ❑
5. Project Type:
Wastewater ❑
Stormwater
Surface Water Restoration ❑
Flood Control ❑
Other ❑
5a. Project Description (identify location and specific facilities to be provided):
*This project consist of the procurement of surveying, engineering design and construction services for
the installation of exfiltration drainage system improvements, within the City of South Miami.
"Form field will expand.
6. Applicant population, if Municipality (city, town, village) or County (must be from Census 2000) *:
Population = 10,741
*Census 2000 population data for Florida cities and counties may be obtained at
http: / /censtats.census.gov /pub /Profiles.shtm1. Select Florida from the drop -down box and enter
the specific location in which you are interested.
7. Applicant per capita income, if Municipality (city, town, village) or County (must be from Census
2000) *:
Per capita income = $24,526
*Census 2000 per capita income data for Florida cities and counties may be obtained at
http: / /censtats.census.gov /pub /Profiles.shtm1. Select Florida from the drop -down box and enter
the specific location in which you are interested.
8. Total estimated cost of project (round to nearest $1,000): $2,900,000
9. Amount requested in this application (round to nearest $1,000): $1,750,000
10. Is this request being made to fund (check applicable): Operations? ® Construction? E
11. What type of match exists for this request (check applicable)?
Local ® Private ❑ Federal ® None ❑
11a. Enter amounts that apply:
Total cash amount: $400,000
Total in -kind amount: $
12. Was this project previously funded by the state?
12a. If yes, most recent Fiscal Year: 2002
Yes ® No ❑ Unknown
Amount (round to nearest $1,000): $750,000
12b. Has the project been funded —or is it on a list for funding consideration —by any Department of
Environmental Protection, Department of Community Affairs, or federal funding program (State Revolving
Fund, Small Community Wastewater Grant, Florida Forever, Community Development Block Grant, Rural
Development Corporation, Economic Development Administration, etc.)?
Yes ® No ❑ Unknown ❑
12c. If yes, provide:
Name of the funding program: U.S. Department of Commerce, Economic Development Admin.
Type of funding (loan, grant, combination, etc.): Grant
Status or likelihood of funding (awarded, pending, under consideration, etc): Awarded
Amount awarded, pending, or under consideration: $800,000
13. Is future funding likely to be requested? Yes ❑
13a. If yes, how much: $
13b. Purpose for future year funding:
Recurring operations ❑
Non - recurring operations ❑
Other ❑
14. Will this be an annual request? Yes ❑
No ❑ Unknown
No ❑ Unknown
15. Is the project included in a (check applicable):
• Surface Water Improvement and Management Plan under chapter 373, part IV? ❑
• Other water restoration plan required by law? ❑
• Watershed restoration management plan prepared pursuant to s. 403.067, F.S.? ❑
• Wastewater Facility Plan? ❑
• Locally adopted wastewater, stormwater, or other water quality improvement or restoration plan?
• Other
N
15a. Provide the name and date of the plan, the date of its adoption or approval, and cite the page(s)
where the project is identified and described.
*Stormwater Capital Improvements Program, September, 1997, Tables 1 through 6
Administrative Five -Year Capital Improvement Plan, January 31, 2002, page 18.
*Form field will expand
If this plan has not previously been submitted to DEP, you must submit it (or a copy of the cover
page, dated page, and the pages where your project is identified) to the following address:
Florida Department of Environmental Protection
Division of Water Resource Management
2600 Blair Stone Road, Mail Station 3500
Tallahassee, FL 32399 -2400
ATTN: WATER PROJECT APPLICATIONS
16. Will this project protect the environment? Yes ® No ❑
16a. Describe, specifically, how it will protect the environment:
*It will eliminate or significantly reduce pollutants loading to water bodies from the direct discharge of
stormwater runoff and it will prevent environmental hazard due to local flooding events.
"Form field will expand
16b. Will this project reduce pollutant loadings to a surface water body? Yes ❑ No
16c. If yes, name the water body:
16d. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total
suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the
practices that will be used to reduce loadings:
"Form field will expand.
16e. Will this project reduce pollutant loadings to ground water? Yes ❑ No
16f. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total
suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that
will be used to reduce loadings:
"Form field will expand.
17. Will this project protect public health? Yes ® No ❑
17a. If yes, describe, specifically, how it will protect public health: [Field needs to hold 500 words]
*This project will protect health by preventing flooding within the local communities of the City of South
Miami.
Form field will expand.
18. Was this project request heard before a publicly- noticed meeting of a body of elected officials
(municipal, county, or state)? Yes ❑ No ❑ Unknown ❑
18b. Meeting date: 12/3/2002
2
�f _
CITY OF
SOUTH MIAMI
"CITY OF PLEASANT LIVING"
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143
DADE COUNTY
STORMWATER.
CAPITAL
IMPROVEMENTS
PROGRAM
SEPTEMBER 1997
1"7
OTS Project Nm 192401
CORZO
CASTELLA
CAUALLO
THOMPKN
SALMAN
Architects -Engineers - P Ian n ers
901 Ponce de Lew 1 1'Su' l
Suite 900
COW cahkm.1da 73l34
Telephone Na
30&44529M
3.2 RECOMIYIENDATIONS ......... ...... ........ ................... 7
3.2.1 Retrofit of Existing Positive Drainage System ..................... 7
3.2.2 Hydro - Carbon Cartridges ...................................... 7
3.2.3 Maintenance Considerations .. ...... ........ 8
4.0 STORMWATER CAPITAL IMPROVEMENTS 5 YEAR EXPENDITURE PLAN
4.1 Basis of Plan / Funding ............................................. 8
4.2 Cost of Storm Water Management Plan (SWMP) ........................ 8
4.3 Schedule and Budget ... ............ ..............................9
APPENDICES
Appendix A: Project Detail Sheets: Identification, Recommendations& Improvements
for Flood Prone Area Cases
Appendix B: Project Detail Sheets: Identification Recommendation & Improvements
for Positive Drainage Systems and Outfalls
Appendix C: City of South Miami Comprehensive Stormwater Utility Study (1997)
[available for reference from the Public Works Department]
ii
CITY OF
SOUTH MIAMI
"CITY OF PLEASANT LIVING"
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143
DADE COUNTY
STORMWATER
CAPITAL
IMPROVEMENTS
PROGRAM
SEPTEMBER 1997
1997
OT5 Project Na 1929 -M
J
Architects - Engineers - Planners
9171 Pane de Leon Boulevard, Suite 9o0
Carat Gables, Honda 33134
Telephone No. 303.4452900
TABLE OF CONTENTS
1.0 INTRODUCTION
1.1 Background and Requirements .................... ....... .... 1
1.2 Scope of Stormwater Capital Improvements Plan ......................... 1
2.0 WATER QUANTITY: EVALUATION & RECOlvLMENDATIONS
2.1 EVALUATION .................................................... 2
2. 1.1 Overview of Existing Stormwater Management System .............. 2
2.2.1 Identification of Flood Prone Areas .............................. 2
2.2.3 Analysis of Existing Conditions ................................ 2
2.2 RECOMMENDATIONS ............................................. 4
2.2.1 Basis of Design .............. ............................... 4
2.2.2 Hydro - Geological Characteristics & Design Criteria ................ 4
a. Land Use ............. ..............................4
b. Groundwater Elevation & Infiltration Rates ................. 5
C. Design Storms .......... ................. ......... 5
d. Flood Criteria ......................................... 5
2.2.3 Recommendations ............. ..............................5
3.0 WATER QUALITY: EVALUATION & RECOMMENDATIONS
3.1 EVALUATION ........................... ................. .... 6
3.1.1 Overview of Existing Stormwater Management System .............. 6
3.1.2 Identification of Existing Outfalls & Positive Drainage System ........ 6
3.1.3 NPDES Stormwater Management Plan Water Quality Requirements ... 6
1
1.0 INTRODUCTION
1_I Background and Requirements
Recent requirements mandated by Federal and State Governments have affected the
environmental and flood protection responsibilities of all municipal and local
governments, including the City of South Miami (henceforth, the "City "). tiiunicipal
and local government agencies are required to develop and implement two important
programs, namely, the Stormwater Management Program ( "SWMP ") and the
Stormwater Utility Program. The purpose of this study & Capital Improvements
Plan is to develop a comprehensive plan consistent with the requirements of both of
these programs with respect to both water quantity and water quality issues
The SWMP is a requirement of the Environmental Protection Agency's National
Pollution Elimination Discharge System (NPDES) program. This program's primary
concern is water quality and is aimed to reduce pollutants in discharges to surface
waters. The City has already developed this document in fulfillment of its
requirements as a joint applicant with Dade County in the NPDES program.
Although the SWMP is a separate document, certain water quality issues of the
SWMP require capital improvements and therefore must necessarily be addressed in
the Stormwater Capital Improvement Plan presented here.
The Stormwater Utility Program is a requirement of the provisions of Section
403.0893(1) of the Florida Statutes. This program is intended to serve as a means by
which local governments and municipalities can meet their environmental and flood
protection responsibilities. In fulfillment of this requirement, the City joined a
county -wide stormwater utility program in established by Dade County. The county-
wide program is designed to generate necessary funding to plan, construct, operate
and maintain the stormwater management systems of each participating municipality.
1.2 Scone of Stormwater Capital Im�nrovements Plan
Stormwater Capital Improvements Plan addresses the two major issues of stormwater
management, namely, Water Quality (flooding) and Water Quality. Both of these
issues are further addressed individually in terms of Evaluation (of existing
conditions) and Recommendations (for improvements). The Evaluation portion
includes study of the City's existing stormwater drainage system, to identify flood
prone and stormwater drainage deficient areas, and areas where water quality may
be of concern. The Recommendations portion involves the development and analysis
of improvements for these areas with respect to both flooding and water quality. The
information from both of these portions are ultimately used in developing a Capital
Improvements Plan (Section 4.0) to prioritize and implement these improvements
consistent with both the NPDES and the Stormwater Utility Program requirements.
page 1
2.0 WATER QUANTITY: EVALUATION & RECOMMENDATIONS
_1 EVAL UATION
2. 1.1 Overview of Existing Stormwater Management System
The City of South Miami is located in the central -east portion of Dade
County (Township 54, Range 40 Sections 24, 25, 26, 35, 36 or portions
thereof), and covers approximately 1,552 acres. Field investigations
conducted through the City's Comprehensive Stormwater Utility Study (1997)
indicate that the present stormwater management system consists of
approximately 650 catch basins throughout the City which dispose of
stormwater mostly through exfiltration and slab covered trench systems, and
in limited cases by positive drainage outfalls.
The City's present system of catch basins, trench systems, and outfalls are for
the most part not inter - connected in any sort of large -scale master stormwater
drainage system. Rather, they are isolated systems ,which independently
collect and dispose of local stormwater runoff from streets and public right -
of -ways. The present system works relatively well with regard to flood
protection. The City has historically not witnessed extensive flooding.
Minor flooding has been the usual case, limited to small localized pockets of
the City which lack adequate stormwater drainage system(s). These flood
prone areas are the central focus of water quantity and flood protection
analysis.
2.2.2 Identification of Flood Prone Areas
Several flood prone areas throughout the City have been identified through
field investigations, records of complaints filed with the City, and the
Comprehensive Stormwater Utility Study conducted in 1997 (available for
reference through the City's Public Works Department) and are documented
in Appendix A. In all these cases, the flooding witnessed in these areas is
localized and apparently due to insufficient or non - existing stormwater runoff
collection and disposal structures, or due to existing structures which are in
need of maintenance and as a consequence are not functioning properly.
2.2.3 Analysis of Existing Conditions
Historically, the City has had no serious flooding problems. As already
mentioned, the cases of flooding in the City are all localized and are small-
page 2
scale (less than 2.0 acres) problems with obvious causes. Due to these factors,
there is no need to conduct an in -depth or flood routing analysis to determine
the exact degree of flooding in these areas at this time. Rather, a general
evaluation of each flood prone area is made on a per project basis through
visual inspection, field studies, and available as-built information to
determine the cause and approximate extent of flooding. These evaluations
are also documented in Appendix A. For the purpose of developing the
Stormwater Capital Improvement Plan, the cases documented in Appendix
A have been prioritized according to the following basis:
PRIORITY
CRITERIA Y DESCRIPTION
• flooding impedes regular traffic flow
• flooding extends into private property
• flooding impedes ingress and egress of private
commercial or residential property
• flooding creates a health hazard
1
standing water remains for more than 12 hours after a
storm event
• flooding significantly affects the operations of
emergency and health care facilities including
hospitals, police stations, and fire rescue stations,
and/or other facilities such as evacuation shelters and
institutions for the elderly
• absence of stormwater drainage systems in the area
• flooding interrupts but does not impede traffic flow
• flooding does not extend into private commercial or
residential property, but does effect ingress and
2
egress
a flooding does not create a health hazard
• standing water does not remain for more than 12 hours
after a storm event
• flooding does not affect the operations of emergency
and health care facilities as previously described
• insufficient or non- existing stormwater drainage
system in the area
• traffic flow is not significantly affected
3
no flooding of private residential or commercial
property
• no extended periods of standing water after a storm
event
•. existing stormwater drainage system in the area seems
sufficient but in need of maintenance.'
It is important to note that none of the cases documented in Appendix
A involve a positive drainage outfall system. Stormwater drainage
page 3
systems with positive drainage outfalls also involve water quality
issues and are therefore addressed in Section 3.0.
2.2 RECOiVfiWENDATIOIVS
2.2.1 Basis of Design
Stormwater drainage design in Dade County is dictated by the criteria set
forth in Dade County Code Section 28 -13, Public Works Chapter D4,
referred to as The Design of Drainage —an Updated Policy for the Design of
Storm Runoff Drainage Structures. Stormwater drainage projects without
outfalls and over 320 acres must also adhere to the criteria set forth by the
South Florida Water Management District. However, none of the flood prone
areas identified thus far exceed this acreage. Under certain conditions,
projects over 40 acres involving an outfall discharge may subject to South
Florida Water Management District review and criteria as well.
Criteria set forth by other agencies, including Dade County Department of
Environmental Resource Management (D.E.R.M.) and the Federal
Emergency Management Agency (F.E.M.A.), must also be adhered to with
regard to maximum flood stages. Thus, analysis and design of improvements
for each of the flood prone areas is dictated by the criteria set forth in the
Dade County Code. Some of the Hydro - Geological characteristics and
governing criteria which should be considered are discussed in the following
section.
2.2.2 Hydro - Geological Characteristics and Criteria
a. Land Use
The predominate land use in the City is residential (approximately 56
percent), with smaller percentages of land used for retail, office
public institutions and parks /recreational areas. However, the City
has a distinctively residential character with generous amounts of
green, pervious space. This contributes to the good drainage
characteristics witnessed in the City.
A small portion of the City is zoned as Intensive Use which allows
light industrial activities such as auto body and mechanical repair
shops, carpentry workshops, light manufacturing, etc. Attention is
focused on this areawhen addressing water quality issues in Section
3.0 since it is a potential source of illicit connections and point source
of pollutants.
page 4
b. Groundwater Elevation & Infiltration Rates
The water table throughout most of the City is relatively low. The
average ground elevation ranges from 10 to 15 feet N.G.V.D. , while
the average yearly high ground water table level ranges from 4 to 4.5
feet N.G.V.D. Soils consist of a top layer of sandy soils over
limerock, typical of non - coastal areas in Dade County. A relatively
good infiltration rate can be expected throughout the City. However,
tested exfiltration rates should be conducted for each project in
accordance with design practices and criteria. The relatively good
infiltration rates of these soils combined with a relatively low water
table elevation, are expected to yield good drainage characteristics
throughout the City.
C. Design Storms
As per criteria set forth in Dade County Code Section 28 -13, Public
Works Chapter D4, referred to as The Design of Drainage —an
Updated Policy for the Design of Storm Runoff Drainage Structures.,
exfiltration trench drainage systems must be designed to collect and
treat the volume of runoff generated by the 5 year - 1 hour storm
event rainfall (3.2 inches). For retention systems. retention areas
must also be designed to collect the volume of runoff generated by
the 5 year -1 hour storm event rainfall (3.2 inches). In addition, this
collected retention volume must be exfiltrated with 72 hours. For
four -lane roads, the design storm is increased to a 10 year 1 hour
storm event rainfall.
d. Flood Criteria
Drainage collection and disposal systems must be designed so that
maximum flood stages from the 100 year storm event do not exceed
the 100 year base flood elevation as established by the Federal
Emergency Management Association (FEMA) maps for each
respective area. Also, maximum flood stages at the centerline roads
and the back edge of sidewalks for the 10 year storm event are not to
exceed the 10 year base flood elevation as established by Dade
County DERM, for each respective area.
2.2.3 Recommendations
Preliminary recommendations have been made for improvements corrective
measures for each case in Appendix A. These recommendations for
page 5
improvements are based on visual inspection of each deficient area and
reported anecdotal as well as empirical evidence. Because no topographical
information, accurate field surveys, infiltration rate data, or similar
information specific to the project site(s) is available at this time, no detailed
design can be considered at this time. Rather, recommendations have been
determined by analysis of the overall scope of the problem using reasonable
assumptions with regard to standard engineering and design criteria of
stormwater collection and disposal systems. However, full design of
improvements must necessarily consider the hydro- geological data and
design criteria noted thus far.
3.0 WATER QUALITY: EVALUATION & RECOMMENDATIONS
3.1 EVAL UATION
3.1.1 Overview of Existing Stormwater Management System
Water quality is concerned with the pollutant loading of stormwater runoff
discharged directly to water bodies. There are 31 outfall structures throughout
the city which discharge stormwater runoff directly to waterway canals,
specifically, Brewer Canal, Broad Canal, and Snapper Creek Canal. Catch
basins throughout the City collect stormwater runoff which is then conveyed
to these outfalls. The majority of the catch basins connected to these outfalis
service residential areas and collect stormwater runoff from mostly non-
industrial, non - commercial areas of the City only. Therefore, the level of
pollutants discharged from these outfalls is less in comparison to
industrial/commercial areas which are generally a more significant concern
and a greater source of pollutants and illicit connections.
3.1.2 Identification of Existing Outfalls & Positive Drainage System
All positive drainage structures and outfalls have been identified and
inspected as part of the City's Comprehensive Stormwater Utility Study
(1997). It was determined that the positive drainage system is deficient with
regard to water quality due primarily to the absence of any pre- treatment
systems for collected runoff and outdated structures which have no type of
pollution control devices.
3.13 N.P.D.E.S. Stormwater Management Plan Water Quality Requirements
As part of the Storm Water Management Plan (SWMP), the City is required
to inspect, repair, and maintain positive drainage collection structures on a
page 6
one (1) year rotating schedule. This is required due to the central concern of
the SWMP which is to eliminate or reduce pollutant loading to water bodies
from the direct discharge of stormwater runoff of these structures.
3.2 RECOMMENDATIONS
3.2.1 Retrofit of Existing Positive Drainage System
Eliminating the entire positive drainage and outfall systems by replacing it
with exfiltration trench or detention pond systems is not feasible because of
the enormous cost and construction involved. However, there are effective
measures which can be implemented to significantly reduce the level of
pollutants discharged to water bodies through the City's current positive
drainage system. Namely, the retrofit or replacement of structures with
pollution control devices and providing a limited amount of exfiltration
trench to pre -treat runoff prior to discharge.
It is proposed that each catch basin or control structure immediately upstream
of a positive outfall be replaced with a new structure equipped with pollution
retardant baffles. Exfiltration trench will be constructed between this
structure and the next upstream structure to provide some level of pre -
treatment prior to discharge. The structure immediately upstream of the
outfall will also serve as a control structure to regulate discharge and pre -
treatment levels prior to discharge (see Figure 1.0). In cases where there is
only one structure upstream of the outfall, that existing structure will remain
and a new control structure and outfall pipe will be constructed downstream
of the existing structure. ExOration trench will be constructed between the
existing structure and the new structure to provide pre- treatment (see Figure
2.0). Each water quality retrofit cases has been identified and evaluated in
Appendix B. Priority 1 cases collect runoff from higher density, multi- family
land use areas, and Priority 2 cases from single family home areas.
3.2.2. Hydro- Carbon Cartridges
Hydro - carbon cartridges can provide an additional measure for areas where
stormwater runoff may contain high levels of hydro- carbons, i.e., petroleum
products. To wit, these cartridges can be used in catch basins and structures
which collect runoff from high traffic areas, industrial facilities, and
commercial areaparlang lots. Retrofit cases which stand to benefit from this
system have been so noted in Appendix B. However, it should be mentioned
that these cartridges need to be replaced regularly and therefore are effective
only in so far as maintenance is preformed on a regular basis.
page 7
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1
2
5
SW 64TH AVE. AND SW 55TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. CF EXFILTRATION TRENCH
30 LF. CF PAVEMENT REST ORATION
$10,020
2
2
5
SW 63RD CT. BET. SW 52ND TER. & SW 56TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
50 LF. CF EXFILTRATION TRENCH
50 LF. OF PAVEMENT RESTORATION
$13,500
3
2
5
SW 63RD CT. BET. SW 52ND TER. & SW 56TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. CF EXFILTRATION T BENCH
30 L.F. OF PAVEMENT RESTORATION
$10,020
4
2
5
CORNER OFSW 65TH ST. AND SW 63RD CT.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION
$10,020
5
2
5
SOUTH CORNER OF SW 56TH ST. AND SW 63RD CT.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION "
$10,020
6
1
5
SW 56TH ST. BET. SW 64TH AVE & SW 63RD CT.
INSTALL POLLUTION RETARDANT BAFFLE
60 LF. OF EXFILTRATION TRENCH
60 LF. OF PAVEMENT RESTORATION
$15,240
7
2
5
SW 64TH AVE AND SW 56TH ST.
INSTALL POLLUTION REi ARDANT BAFFLE
30 L.F. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION.
$10,020
8
1
7
SW 58TH TER. AND TWIN LAKES DRIVE
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION
$10,020
9
2
7
TWIN LAKES DRIVE BET SW 58TH TER. & SW 61 ST S
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION
$10,020
10
2
7
SW 57TH DR. BET. SW 63RD AVE. & SW 62ND AVE
INSTALL POLLUTION RETARDANT BAFFLE
50 LF. OF EXFILTRATION TRENCHH
50 LF. OF PAVEMENT RESTORATION
$13,500
11
2
7
SW 63RD CT. BET. SW 62ND TER. & SW 56TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION
$10,020
12
2
7
SW 63RD AVE. BET. SW 62ND TER. & SW 58TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION
$10,020
13
1
10
SW 65TH AVE AND SW 61ST ST.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXRLTRATTON TRENCH
30 L.F. OF PAVEMENT RESTORATION
$10,020
14
1
10
SW 64TH CT. AND SW 62ND TER.
INSTALL POLLUTION RETARDANT BAFFLE
60 LF. OF EXFILTRATION TRENCH
60i F. OF PAVEMENT RESTORATION
$15,240
15
1 %
10
7WIN LAKES DRIVE BET SW 61ST & SW 58TH TER
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION
$10,020
16
1
10
SW 63RD CT. AND SW 62ND TER.
INSTALL POLLUTION RETARDANT BAFFLE
100 LF. OF EXFILTRATION TRENCH
100 LF. OF PAVEMENT RESTORATION
$22,200
17
1
10
SW 63RD AVE AND SW 62ND TER.
INSTALL POLLUTION RETARDANT BAFFLE
50 L.F. OF EXFILTRATION TRENCH
50 LF. OF PAVEMENT RESTORATION
$13,500
18
1
13
SW 65TH AVE. AND SW 65TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 L.F. OF PAVEMENT RESTORATION
$10,020
19
2
13
SW 65TH TER. AND SW 65TH AVE
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 L.F. OF PAVEMENT RESTORATION
$10,020
20
2
13
SW 64TH PL. AND SW 66TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
0 LF. OF EXFLTRATION TRENCH
30 L.F. OF PAVEMENT RESTORATION
$10,020
21
2
13
SW 64TH PL BET. SW 68TH ST. & SW 66TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
40 LF. OF EXFILTRATION TRENCH
40 LF. OF PAVEMENT RESTORATION
$11,760
22
2
16
SW 65TH AVE AND SW 68TH ST.
INSTALL POLLUTION RETARDANT BAFFLE'
50 LF. OF EXFILTRATION TRENCH
50 LF. OF PAVEMENT RESTORATION
$13,500
23
1
16
SW 66TH AVE. NORTH OF SW 72ND ST.
INSTALL POLLUTION RETARDANT BAFFLE
$4,800
24
2
16
SW 65TH AVE. BET. SW 72ND ST. & SW 68TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
LF. OF EXFILTRATION TRENCH
50 L.F. OF PAVEMENT RESTORATION
$13,500
25
2
19
SW 74TH TER. BET, SW 67TH AVE & SW 65TH CT.
INSTALL POLLUTION RETARDANT BAFFLE
30 LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION'
$10,020
26
1
19
SW 65TH AVE AND SW 74TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
LF. OF EXFILTRATION TRENCH
30 L.F. OF PAVEMENT RESTORATION
$10,020
27
2
19
SW 75TH TER. AND SW 65TH PL
INSTALL POLLUTION RETARDANT BAFFLE
50 LF. OF EXFILTRATION TRENCH
50 LF. OF PAVEMENT RESTORATION
$13,500
28
1
22
SW 76TH TER. AND SW 65TH PL
INSTALL POLLUTION RETARDANT BAFFLE
60 LF. OF EXFILTRATION TRENCH '
60 LF. OF PAVEMENT RESTORATION
$15.240
29
1
22
SW 75TH TER. AND SW 65TH PL
INSTALL POLLUTION RETARDANT BAFFLE
50 LF. OF EXFILTRATION TRENCH
50 LF. OF PAVEMENT RESTORATION
$13,500
30
1
25
SW 60TH AVE AND SW 87TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
30 L.F. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION
$10,020
31
2
25
SW 59TH AVE AND SW 87TH ST.
INSTALL POLLUTION RETARDANT BAFFLE
LF. OF EXFILTRATION TRENCH
30 LF. OF PAVEMENT RESTORATION
$10,020
32
2
25
SW 58TH AVE AND SNAPPER CREEK
INSTALL POLLUTION RETARDANT BAFFLE
50 LF. OF EXFILTRATION TRENCH
50 L.F. OF PAVEMENT RESTORATION
$13.500
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::.:vv.......:........ ...va:v:::•- x:u•;.aav;xxn..... v � \. :. v ,.... v.v
:.:.,:.:::::n::.: :. - ..:. �Y:...: :. :::.x..:.::.. ��,: t n.t..:tt,,,aa:•n •:n•.x :rat:: t }•ttx:,.nx..:. �:n
nv�. •.- .::n.....v.:n..:vv:a�tviv:.: nnv.:�us- :v::.. n,:.•.}..v.•n:i ::.
97 -98
6 (Water Quality Retrofit - Priority 1)
$15,240
8 (Water Quality Retrofit - Priority 1)
$10,020
13 (Water Quality Retrofit - Priority 1
$10,020
15 (Water Quality Retrofit - Priority 1)
$10,020
18 (Water Quality Retrofit - Priority 1
$10,020
v,
r� : h.
98 -99
14 (Water Quality Retrofit - Priority 1)
$15,240
16 (Water Quality Retrofit -Priorit 1
$22,200
28 (Water Quality Retrofit - Priority 1 )
$15,240
99=00
23 (Water Quality Retrofit - Priority 1)
$4, 800
26 (Water Quality Retrofit - Priority 1)
$10,020
17 (Water Quality Retrofit - Priority 1)
$13,500
29 (Water Quality Retrofit - Priority 1
$13,500
30 (Water Quality Retrofit - Priority 1)
$10,020
00 -01
19 -2 (Flood Control Project - Priority 1)
$25,000
6 (Water Quality Retrofit -- Priority 1)
$15,240
10 (Water Quality Retrofit -Priorit 2)
$13,500
01 -02
19 -1 Flood Control Project -Priorit 1
$40,800
22 (Water Quality Retrofit - Priority 2)
$13,500
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..... k%v\a.,mti:X. • !}:•'�i�'n•':1sOV\ 3n �}: :
PLAN
(UNFUNDED)
FISCAL YEARS 2001 - 2006
Volume II
ig Nee
CITY COMMISION:
ON, 1Vlayor: Julio Robaina
Je
Vice Mayor: ' Mary Scott Russell
Commissioners: David Bethel
Horace Feliu
p,
Randy Wiscombe
ADMINISTRATION:
City Manager: Scurr
�n
C�ty�s ttornpy: Gallop
City Cleo heua Taylor
. 's r
Crt� �Nlana rata Basu
1
cion: ola Balogun
'^
v z
t'
t
0
'January 2002
YOU
City of South Miami
2001-2006 CAPITAL IMPROVEMENTS PROGRAM
CAPITAL IMPROVEMENT PROJECT REQUEST FORM
Name of Project� CITYWIDE STORMWATER EMPROV'S
of
Dept. Priority: C1001 C1019
Projec.;t I-ocatiom Citywide
i Project No,:
------- - - -
F02CDI-027
ReqUesting Dept,: Public Works
1 Category:
.. ....... ..
. ..... ..... ..... .
UNFUNDED
D I P T 10 N;
. ........... ..... ..... ..... . .... ....... .... ........ .... ... . .... .... ......
This activity consists of the procurement of engineering
services and construction of citywide drainage
improvements in conformance with the City's
Stormwater Utility requirements as well as for
maintenance of the constructed system.
JUS FYfCA T ION!,
To eliminate existing sporadic drainage problems in an
effort to provide safe community for the City's
residents. Also required by the EPA-NPDES Municipal
Permit for operating stormwater systems.
ING WFIA G 7
This activity is not expected to result in a significant
increase in the operational and maintenance costs
(excluding O&M of the vacuum truck).
........... . .. . .. . ........ .. . .. .........
Consistent with the City of South Miami
Comprehensive Plan.
..... .... . ... ..... ........... .... ... r .... ..... .. .... .... . .. .. .....
PRIORYRS. FY01-02
. .. . .. ............... ... ....... .. .. .. ... ..... .. .. ..... ... .. .. .. ... . ..... ..... . .. .... . .. ............ .. ...... ...... ..... - .. .... ............ ... .. ..... .. .... ..... ..... ..... .....
. ......... ... . ........ . .. .. .. ... . .... ...........
FY02-03
... .. ..... ..... .. ..... .. ....... . .... ... ... . ..... .
FY03-04
FY04-05 FY05 -06
. . ..... ..... ..... . ..
ACTIVITY EXPENDITURE SCHEDULE
..... . ... . ... ... . .. .... .... .. . .... . ..... .. ... .....
.. . .. . .... . .... .... ... ... .. ... ......................... ... ..... ..........
Survey, Eng., Geotech.
.. .. ...... . .. ...... ... .....
175,000
... .. . . . ..... . ... .... .. .. .. ..... ......
87,500 1
Construction
743,750
743,750
.... .. . ...... ......... .. ... . ..... .. .. .. ... . ... . ....... .. ........... .... ....... . .
I otal Budget:
.. ... . . .. .. ...... . .. .... . ... .. ..
.. ..... .. ..
918,750 1
.. .. .....
831,250
.. .. ..... .... . .. . . .. .
..... . ... . ..... ..... .... ... . ..... ..
FUNDING SOURCES APPROPRIATIONS SCHEDU1,E
.. ........ . ..... ..... ..... . .. .... . ..... ...... .
........... . ... . ..... .. ... ....
...... .. ... . ......... . .. ... .... . . .......... .. .... ..... . ... .. . ..... ..........
918,750
. . . . ... ...... ....
831,250
......... .. - ... . .. .. .. ....... . .... .. ... ..... .. .... ......
..... .... ....... . ....... ....... ....... . .. .... ... .... ... .... .... .. ...... ... .... ...
Total Furldin�g�
.. .. ..... . .... .. ....... ... -, .... .... .... . . .. .......... .. .. ........... . ... ....
..... ... . .. .. . ............
918,750
.. . ........ .... . .. .................... . .. .... ... .....
.. .. ...... . ... ... .. ..... .. .
831,250
. .. . ..... ...... .........
.. .. ... . ..... .... ... .... ....... ....
18 of 20
ID # (to be assigned by DEP)
Application for Water Project Funding under House Bill 851
The following information is required for all water projects (wastewater, stormwater, surface water
restoration, and other water management projects). You must complete all fields or your application
will be deemed incomplete.
1. Applicant (entity) name: City of South Miami
Name of local official authorizing application: Charles D. Scurr, City Manager
Street: 6130 Sunset Drive
City: South Miami
Zip Code: 33143
County: Miami -Dade
2. Project Title: Water Distribution System Extension
3. Contact Person
Name: W. Ajibola Balogun
Phone Number: 3056636350
E -mail` abalogun @cityofsouthmiami.net
4. Applicant type (select one)
• County ❑
• Municipality (city, town, village)
• Water management districts ❑
• Special district that has legal responsibilities for water quality improvement, water management,
storm water management, sewer system operations, and lake and river restoration projects ❑
4a. If applicant is a county, is it designated as a Rural Area of Critical Economic Concern under s.
288.0656, Florida Statutes? Yes ❑ No ❑
5. Project Type:
Wastewater ❑
Stormwater ❑
Surface Water Restoration ❑
Flood Control ❑
Other
5a. Project Description (identify location and specific facilities to be provided):
*This project consist of the procurement of surveying, engineering design and construction services for
the installation of approximately 8000 lineal feet of 8 -inch water main pipe with associated fire hydrants
and service lines to the residents' properties, within the City of South Miami.
*Form field will expand.
6. Applicant population, if Municipality (city, town, village) or County (must be from Census 2000) *:
Population = 10,741
*Census 2000 population data for Florida cities and counties may be obtained at
http: / /censtats.census.gov /pub /Profiles.shtm1. Select Florida from the drop -down box and enter
the specific location in which you are interested.
7. Applicant per capita income, if Municipality (city, town, village) or County (must be from Census
2000) *:
Per capita income = $24,526
*Census 2000 per capita income data for Florida cities and counties may be obtained at
http: / /censtats.census.gov /pub /Profiles.shtml. Select Florida from the drop -down box and enter
the specific location in which you are interested.
8. Total estimated cost of project (round to nearest $1,000): $3,000;000
9. Amount requested in this application (round to nearest $1,000): $2,000,000
10. Is this request being made to fund (check applicable): Operations? ❑ Construction?
11. What type of match exists for this request (check applicable)?
Local ❑ Private ❑ Federal ❑ None 2
11a. Enter amounts that apply:
Total cash amount: $
Total in -kind amount: $
12. Was this project previously funded by the state? Yes ® No ❑ Unknown ❑
12a. If yes, most recent Fiscal Year: 2001 Amount (round to nearest $1,000): $1,000,000
12b. Has the project been funded —or is it on a list for funding consideration —by any Department of
Environmental Protection, Department of Community Affairs, or federal funding program (State Revolving
Fund, Small Community Wastewater Grant, Florida Forever, Community Development Block Grant, Rural
Development Corporation, Economic Development Administration, etc.)?
Yes ❑ No ® Unknown ❑
12c. If yes, provide:
Name of the funding program:
Type of funding (loan, grant, combination, etc.):
Status or likelihood of funding (awarded, pending, under consideration, etc):
Amount awarded, pending, or under consideration: $
13. Is future funding likely to be requested? Yes ❑ No ❑ Unknown
13a. If yes, how much: $
13b. Purpose for future year funding:
Recurring operations ❑
Non - recurring operations ❑
Other ❑
14. Will this be an annual request? Yes ❑ No ❑ Unknown
15. Is the project included in a (check applicable):
• Surface Water Improvement and Management Plan under chapter 373, part IV? ❑
• Other water restoration plan required by law? ❑
• Watershed restoration management plan prepared pursuant to s. 403.067, F.S.? ❑
• Wastewater Facility Plan? ❑
• Locally adopted wastewater, stormwater, or other water quality improvement or restoration plan?
• Other ED
2
15a. Provide the name and date of the plan, the date of its adoption or approval, and cite the page(s)
where the project is identified and described.
*Administrative Five -Year Capital Improvement Plan, January 31, 2002, page 19.
*Form field will expand.
If this plan has not previously been submitted to DEP, you must submit it (or a copy of the cover
page, dated page, and the pages where your project is identified) to the following address:
Florida Department of Environmental Protection
Division of Water Resource Management
2600 Blair Stone Road, Mail Station 3500
Tallahassee, FL 32399 -2400
ATTN: WATER PROJECT APPLICATIONS
16. Will this project protect the environment? Yes ❑ No
16a. Describe, specifically, how it will protect the environment:
*Form field will expand
16b. Will this project reduce pollutant loadings to a surface water body? Yes ❑ No ED
16c. If yes, name the water body:
16d. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total
suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the
practices that will be used to reduce loadings:
*Form field will expand.
16e. Will this project reduce pollutant loadings to ground water? Yes ❑ No
16f. If yes, describe, specifically, how it will reduce loadings, identify anticipated load reductions for total
suspended solids, total nitrogen, total phosphorus, and other contaminants, and specify the practices that
will be used to reduce loadings:
3
*Form field will expand
17. Will this project protect public health? Yes 0 No ❑
17a. If yes, describe, specifically, how it will protect public health: [Field needs to hold 500 words]
*Some of the City of South Miami have not developed since the 1960s, when surrounding commercial
and residential densities were low and inhabitants relied upon their own property to provide drinking water
through shallow wells and filter wastewater through septic tanks, often no too far from each other. Since
that time, however, the surrounding landscape has dramatically changed. The City of South Miami is now
the center of a very dense and populated urban core. The higher density and presence of more intensive
land uses have severely taxed the natural environment's ability to provide clean drinking water and filter
wastewater. As a result, residents now turn to local government to provide potable drinking water. This
project will protect public health by eliminating the use of well water system and provide potable drinking
water though high pressured distribution system. In addition, this part of the City of South Miami currently
on well water do not have fire hydrants. Without fire protection, it has been very difficlt for local fire
department to safe lives and protect properties during and routine fire calls. With this project, fire hydrants
will be provide throughout the community.
*Form field will expand.
18. Was this project request heard before a publicly- noticed meeting of a body of elected officials
(municipal, county, or state)? Yes ❑ No ❑ Unknown ❑
18b. Meeting date: 12/3/2002
rd
South Miami
krAnd
AlWWWcaCily
2001
FIVE -YEAR
CAPITAL
IMPROVEMENTS
PLAN
(UNFUNDED)
FISCAL YEARS 2001 - 2006
Volume II
sioners: David Bethel
City of South Miami
2001 -2006 CAPITAL IMPROVEMENTS PROGRAM
CAPITAL IMPROVEMENT PROJECT REQUEST FORM
rrie of Project: WATER DISTRIBUTION SYSTEM EXT.
.
Dept. Priority: CI001 cd CIO
Project Location: Citywide
........ . ......._ .... _ ... ....
Project ,, UO1 WD -001
e r strc t . Public Works_ ..._.._. _
..... ._ .... ........... .....
cy; UNFUNDED
The procurement of survey, engineering design and
construction services for the installation of approx.
8,000 feet of watermain with associated fire hydrants,
fittings, valves, service lines, pavement restoration and
®
MOM
1" water service, with meter boxes to each property
m
withing the construction corridor.
i
To provide improvement to the water distribution
system in the area that lacks adequate water service and
fire protection.
.
)t r TI'S sr?f t €r
None — the system will be conveyed to the Miami -Dade
®�
Water and Sewer Department (WASD) for operation
and maintenance.
®�
Concurrent with the CSM Comprehensive Plan.
........
PRIOR YRS FY01 -02 ; FY02 -03
_....
_.. ......... _...
FY03 -04 FY04 -05 i FY05 -06
ACTIVITY EXPENDITURE SCHEDULE
........ .._.......
Survey, Eng. & Geotech. 220,000 1
220,000
Construction 780,000 1
i
780,000
_....._.
rCa c f r,t. 1,000,000
1,000,000
FUNDING {€IA 9ONS S CHEDULE
....... .. ... _ .... .... ........
.................. SOURCES .... _.. ......51 ... APP......... _.R....O
. . .. .
.
UNFUNDED
f..... ............ .. ....._.._. ..,...._..,... ...._._.._. .. ..;..._ .._......_ ........... ... f........ .__.....,...._...
oi.a!rrre 1,000,000
.............. ..... ....... .... .... _
1,000,000 ;
19 of 20
o� SoUT��r City of South. Miami
South Miami
PUBLIC WORKS DEPARTMENT *AmwicaM
" 4795 SW 75th Avenue
• INCORPORATED
927 a • Miami, FL 33155
O RY9
Tel. (305) 663 -6350 Fax (305) 668 -7208 2001
November 13, 2002
Florida Department of Environmental Protection
Division of Water Resource Management
2600 Blair Stone Road, Mail Station 3500
Tallahassee, Florida 32399 -2400
Ref.: Water Project Applications -- Additional Supplemental Submittal
Water Project Funding under House Bill 851
City of South Miami
To Whom It May Concern:
As requested in question number 15a of the application, attached is a copy of our adopted
Stormwater Capital Improvement Program for the Citywide Storm Improvements application.
The entire package covers all the projects proposed to be improved by the requested funding.
Should you have any questions or comments, please do not hesitate to contact me at (305) 663 -
6350.
Sincerely,
Zo;:, W. Ajibola REM
Public Works Director
Cc: Charles D. Scurr, City Manager
TO: Mayor &Commission
FROM: Charles D. Scurr
City Manager
REQUEST
DATE: November 21,2002
SUBJECT: Agenda #
Commission
Meeting
December 3, 2002
This resolution seeks approval to disburse $8,500.00 from Account 001 - 0000 -115 -7022 Dante Fascell
FRDAP Grant, to K &S Painting & Plastering for plastering, painting and all around maintenance work
for pavilions, restrooms, tennis office, and racquetball courts at Dante Fascell Park.
BACKGROUND & ANALYSIS
The City of South Miami has received $112,500 from a FRDAP Grant for structure renovation at Dante
Fascell Park. K &S Painting & Plastering is a local company, who has been doing business for over 19
years. K &S Painting & Plastering has provided the lowest bid for the scope of work for Dante Fascell
Park. They are licensed and insured, and available to commence the much needed renovation work at
Dante Fascell Park.
Account balance is $8,500.00
RECOMMENDATION
Approval is recommended.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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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, AUTHORIZING THE
CITY MANAGER TO DISBURSE $8,500.00 TO K & S PAINTING
AND PLASTERING FROM ACCOUNT 001- 0000 -115 -7022 DANTE
FASCELL FRDAP GRANT EFFECTIVE DECEMBER 3, 2002
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of South Miami has attained a $112,500 FRDAP Grant for Dante
Fascell Park; and
WHEREAS, Renovations are needed to enhance Pavilions, Restrooms, and Park office;
and
WHEREAS, K &S Painting and Plastering is the lowest bidder to perform scope of work;
and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. K &S Painting & Plastering will provide renovations for Dante Fascell
Park per the Dante Fascell FRDAP Grant.
Section 2. K &S Painting & Plastering are the lowest of three bids received.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of December 2, 2002.
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Russell
Commissioner Bethel:
Commissioner McCrea:
Commissioner Wiscombe:
K and S painting and plastering
License / insured cc 17246
Phones 305 553 1353
Mr:Doug Baker
6130 sunset drive
South Miami fl 33143
By this letter we at K painting and plastering
Kindly requesting the initial payment of on the amount of
Forty two hundred and fifty dollars ($4.250.00)
Said payment will be applied toward the purchasing of materials
In order to perform a work on premises located at
8500 S.W 57 Av South Miami fl.
Per K&S painting and plastering
On this date Nov 20 2002
K and S painting and plastering
License / insured cc 17246
Phones 305 553 1353
i
Mr:Doug Baker
6130 sunset drive
South Miami fl 33143
Estimate presented to Doug Baker on behalf of city of
South Miami for work to be performed at Dante Pashell
Park located at 8500 sw 57 Av south Miami fl
Said job consist as follows pressure clean existing masonry
Wails of two pavilions and racquetball wall
Pavilion #gas follows clean existing masonry walls
Bonded and stucco applied at smooth finish
Prime and paint at desired color
Plaster includes ceiling, walls and under hang.
Park office
Pressure dean existing masonry walls
Bonded of walls and plaster at smooth finish
Prime and paint at desired color
Racquetball court
Pressure clean existing masonry wall
Apply a coat of pruner
Apply two coat of paint at desired color
Peri meter fence
Paint existing perimeter fence at solid stain color
Price will includes labor and materials color is solely responsibility
of purchaser
Total price of contract is
Eight thousand five hundred dollars
$8.500.00
With payments as follows
Initial payment of forty two hundred and fifty dollars ($4.250.00)
Final payment of forty two hundred and fifty dollars ($4.250.00)
The work is protected with a five-year warranty on labor from
starting date
Upon signing this agreement becomes a legal contract from, both
sides.
Per K&S painting and plastering
Per city of South Miami
Painting & Plastering
Interior /Exterior
Licensed'nsured Kenny Samuels
� ?U ` X�X - Phone (305) 553 -1353 - Office
CC 17246 f ��' ��.�' ../"
270 -8182 Hme
r" ,°,
Purchaser's Name �''�' Beeper 478 -5456
s-
Address,�/'
Phone #
General Specifications:' °`
� a 7,-- 9 &-e1-7' �� 4 1V
12a
,
Contract Price:
-j�c9`
Payment Schedule:
Down Payment: $
:G) `
Job Completion: $ d
I /we the undersigned Purchaser state that I /we have read the foregoing terms & conditions contained herein and agree to
pay the total contract price as stipulated.
It is agreed that the form of payment is to be ( )
successive installments of
and the balance to be paid in equal
Any additional work other than stated herein shall be charged for and paid as set forth in a separate written agreement.
The liability of the contractor for defective material or workmanship is limited solely to the replacement or correction of
said defect.
All materials and labor guaranteed for a period of
from date of installation.
We will not be responsible for damage due to paint, overspray, cars, boats, etc. not moved while work is being done.
Accepted by — K & S Painting & Plastering
�'
Authorized Company Signature Purchaser Signature
❑
Urgent
❑
Reply ASAP
LA
Please comment
❑
Please review
❑
For your mformadon
'fatal pages, including covert 4
�/ /,50. 0
� o
1everl ,�u6rncl o✓t� r- }vnclr�l :,� -\�/ C�a \t ry �e�! o Cen'} s
-- - - - -------------
WN
FROM AQCO PAINTING & WATERPROOFING FAX NO. 305-529-0175 Nov. 01 2002 03:09PM P4
AVC0
Painting and Waterproofing Co.
162 NA, 73rd Street Miami, Florida 33150
01 NOV 02
PROPOSAL SUMTTED TO:
PROJECT MANAGER:
PROJECT AND LOCATION:
Telephone (305) 757-0875
Fax: (305) $29-0175
E-mail: aveoftellsouth.net
City of South Miami
6130 Suxiset Drive
South _Miami Florida 33143
Dour Baker; Parks Maintenance Supervisor
Stucco Two. (2) Buildings
Dante Fascell Park
r PAINTING
♦WD
DECORATIMr,
CONTRACTORS
a#
AMERICA
'E
11411101A J,
SCOPE OF WORK Prepare surflaces and apply a new stucco finish to the exterior block, WA
of the temis pro-shop building and the pavilion storage building.
We propose to perform the work as stated for the total sum of S 3,840-00•
Respectfully s
argaa, Vice President
Accepted by:
Date:
Title. For the owner-, The City of South Mkmi
FROM :. AVCO PAINTING & WATERPROOFING FAX NO. 305 -529 -3175 Nov. 01 2002 03 : 07PM P2
PAINTING
R
aEC3�RAT1N6
CQNTRAaOlks
Painting and Waterproofing Co. Telephone (305) 757 -0875 a
Fax: (305) 529 -0175 AMERICA
162 N,W. 73rd Street Miami, Florida 33150 E -mail: avooftelISOUth.net "`,f `•
01 NOV 02
PItoPOSAL �t T#3VI MD TO:
PROJECT MANAGER:
PROJECT AND LOCATION;
City of South Marr1
6130 Sunset Drive
South N4jarni, Florida 33143
Doug Hager; Parks Mgiintew= SuPcrvisOr
Paixat the Railroad Ties Fence
Dante Fascell Park
V
SCOPE OF WORK
Prepare and paint the ra*oad ties fence around the perimeter of the property with
Sherwin 'Wiliams WOOD CAPES acrylic wood preservative stain.
We propose to perform the work as stated for the total Sam of S 4,870.00.
pespec ed by-,
{ ex Varga,, Vice President
Accepted by4 Dater
Title, For the owner: The City of South Miami
FROM ' AVCO PRINTING & WATERPROOFING FAX NO. : 305 -529 -0175 Nov. 01 2002 03: OePM P3
AVC0
Painting and Waterproofing Co.
162 NA, 73rd Street Miami, Florida 33150
01 NOV 02
PROPOSAL SUBIffrrED `1'O:
PROJECT MANAGER
Telephone (305 ) 757 -0875
Fax: (305) 529,0175
E -mail: avco @bellsouth.net
City of South Mimi
6130 Sunset Drive
South Miami Florida 33143
Doug Baker; Parrs MaintenanCe Supervisor
PROJECT AND LOCAUON: Paint Three (3) Buildings and Racquet BaU Court
Dante Fascell Park
PAINTING
mo
DECORATING
CONTRACTORS
AMERICA
SCOPE OF WORK
Pressure cyan, seal, caulk, patch and paint the walls, overhangs and drip edge of the
tennis pro -shop building; the walls, overhangs, drip -edge and ceiling of the storage picnic
pavilion; the ceiling and drip-edge of the open picnic pavilion; and the walls and net line of
the racquet ball courts.
Surfaces will be painted with the Sherwin William SUPER PAINT System.
We propose to perform the work as stated for the total sure of 2,420.00.
R.espectfu0y submitted bv,
ex Varga, Vice President
Accepted bar: Bate:
C & S Paint & Wallcovering, Inc.
515 SW 17th Avenue Miami, FL 33135
Bus: (305) 643 -1136 Fax: (305) 643 -1186
Dl deposit with signed order.
a To: City of South Miami
Job Name :South Miami
Job Location:South Miami
0
Job Price: AI3,713.50
ACCEPTANCE:
Accepted By:
Accepted By:
Balance net within 30 days upon completion.
The above stated terms and conditions, including those of subsequent
pages of the Contract, are hereby accepted and agreed to.
Respectfully submitted.
President
C & S Paint & Wallcovering, Inc.
cart' of south Miami
Date:
%. & J raint & Wallcovering, Inc. Date:
10/31/02
GENERAL CQN0JT10t4S:
All work is to be done during normal working hours (Monday-Friday, 7 am-6pm)
unless specified above. Any lost time, moving furniture, or other work not
specified above will be billed hourly at the rate of $ 35 per laborer plus materials.
NOTE: This proposal may be terminated by us N not accepted within 30 days.
515 S.W. 17THjAVENUE • MIAMI, FLORIDA 33135 - PHONE 305,643.1136 • FAx 305,643,3 IRA
i3 - d 981161,-9!;06 9WIN3A03-1 -1UM 'R it4lUd S'BO eBq:ll 20 Lo AOW
.........................................................................................................................................................................................................
I
C & S PAINT & WALLCOVERING, INC.
515 S.W. 17t" Avenue -Miami, Fl. 33143
Phone: (305) 643-1136 Fax: (305) 643-1186
F AX COV-r"R SH)P-TEUT
(If you have problems with this fax, please call us at (305) 643-1136)
Date: pagcs:-2—
To: r, (hiclude.Tthis cover page)
Company:
17rom:
Fax #:
B us A":
Attached is the proposal, for the following:
Job Name:
Job Address:
Comm nts:
Painting & Plastering
Interior/ Exterior
Licensed & Insured Kenny Samuels
',_ItI6�4hone (305) 553-1353 -Office
CC 17246
270-8182 - Hm.
Purchaser's Name J �17)1 Beeper - 478-5456
or
Address 6,
Phone #
General Specifications: el 12 0/
C6_
vb ev
Lei
/2al
Contract Price:
te)
5�
Payment Schedule:
Down Payment: $ —3, () C) ey
Job Completion: $ r-)
1 /we the undersigned Purchaser state that I/we have read the foregoing terms & conditions contained herein and agree to
pay the total contract price as stipulated.
It is agreed that the form of payment is to be
successive installments of
and the balance to be paid in equal
Any additional work other than stated herein shall be charged for and paid as set forth in a separate written agreement.
The liability of the contractor for defective material or workmanship is limited solely to the replacement or correction of
said defect.
All materials and labor guaranteed for a period of
from date of installation.
We will not be responsible for damage due to paint, overspray, cars, boats, etc. not moved while work is being done.
Accepted by — K & S Painting & Plastering
Authorized Company Signat Purchaser Signature
/ -1 ;In 11
0 7
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Honorable Mayor Date November 26, 2002
and City Commission
From: Charles D. Scurr Subject: Agenda Item #
City Manager Commission Meeting 12/3/02
Acceptance of FY 2003 Comm.
Development Block Grant
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF THE
FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE
CHURCH STREET RECONSTRUCTION PROJECT; AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City of South Miami recently applied for funding assistance under the County's Community
Development Block Grant Program. Upon review and scoring of the FY 2003 application, staff
has recommended funding for the maximum amount of $172,000 for the reconstruction of
Church Street.
In an effort to expedite the contract development process, OCED has requested that all grantees
recommended for funding present a resolution from its Board authorizing execution of the grant
contract by December 9th. The actual grant contract is still being processed by OCED. It will be
substantially similar to the attached standard OCED format.
The attached resolution would allow the City Manager to execute the contracts and documents
necessary to receive the money and move forward with this project.
RECOMMENDATION
Your approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO THE ACCEPTANCE OF THE FY
2003 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FOR THE CHURCH STREET RECONSTRUCTION
PROJECT; 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 submitted an application for funding in
order to improve recreational and socioeconomic aspects of its community; and
WHEREAS, this Commission desires to accomplish the objectives as outlined in
the scope of service of the contract with Miami -Dade County.
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 FY 2003
Community Development Block Grant for a maximum amount of $172,000.
Section 2. The City Manager is authorized to execute contracts and
documents applicable to the acceptance of the Community Development Block Grant.
Section 3. This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2002.
Commission Vote:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner McCrea:
Commissioner Wiscombe:
CDBG FY 2002 .
Municipality
FY 2002 COMMUNITY DEVELOPMENT BLOCK GRANT
GOVERNMENTAL CONTRACT BETWEEN
MIAMI -DADE COUNTY
AND THE
CITY OF SOUTH MIAMI
This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and the City
of South Miami, A municipal government organized under the laws of the State of Florida hereinafter referred
to as the "Contractor".
The parties agree:
1. Definitions
OCED Office of Community and Economic Development or its
successor Department
24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended - Community
Development Block Grant
Low- and Moderate - Income Person A member of low- and moderate- income family i.e., a family
whose income is within specified income limits set forth by
U.S. HUD.
Contract Records
Any and all books, records, documents, information, data,
papers, letters, materials, electronic storage data and media
whether written, printed, electronic or electrical, however
collected, preserved, produced, developed, maintained,
completed, received or compiled by or at the direction the
Contractor or any subcontractor in carrying out the duties and
obligations required by the terms of this contract, including but
not limited to financial books and records, ledgers, drawings,
maps, pamphlets, designs, electronic tapes, computer drives
and diskettes or surveys.
Federal Award Any federal funds received by the Contractor from any source
during the period of time in which the Contractor is performing
the obligations set forth in this contract.
Subrecipient A public agency, municipality or nonprofit organization
selected by the County to administer all or a portion of the
County's CDBG program.
Contractor Recipient of CDBG funds from Miami -Dade County
1 ..
il. The Contractor Agrees:
A. Type of Activity
The Contractor shall carry out the activities specified in Attachment A, "Scope of Services," in
the County or the focus area(s) of Miami -Dade.
B. Insurance
To comply with Miami -Dude County's, insurance requirements as well as any relevant state of
Florida insurance requirements.
C. indemnification
The Contractor shall indemnify and hold harmless the County and its officers, employees,
agents and instrumentalities from any and all iiability, losses or damages, including attorneys'
feesr 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 Contractor or its employees, agents, servants, partners, principals or
subcontractors. The Contractor 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. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section 768.28 Fla
Stat., subject to the provisions of that Statute whereby the Contractor shall not he held liable
to pay a personal injury or property damage claim or judgment by any one person which
exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when
totaled with all other claims or judgment paid by the Contractor arising out of the same
incident or occurrence, exceed the sum of $200,000 from any and all personal injury or
property damage, claims, liabilities, losses or causes of action which may arise as a result of
the negligence of the Contractor.
D. Documents
The Contractor shall submit documents to OCED as described below or any other document
in whatever form, manner, or frequency as prescribed by OCED. These will be used for
monitoring progress, performance, and compliance with this contract and for compliance
with applicable County and Federal requirements.
1. Proaress Reoorts
a. The Contractor shall submit a status report using the form attached hereto as
Attachment C, "Progress Report, as it may be revised by OCED, which shall
describe the progress made by the Contractor in achieving each of the
objectives and action steps identified in Attachment A, "Scope of Services."
The Contractor shall ensure that OCED receives each report in triplicate (or
as indicated) no later than April 10, 2002, July 10, 2002, October 10, 2002 and
January 10, 2003.
The Contractor shall submit to OCED a cumulative account of its activities
under this agreement by completing the following portions of the Progress
Report Forma
Section I - Status of Contracted Activities:
The Contractor must report specific information regarding the status of the
contracted activities, including accomplishments and /or delays encountered
during the implementation of the project and an unduplicated count of
clients served during the reporting period (if applicable) for each federally
defined ethnic category. Contractors engaged in construction and /or
2
housing rehabilitation .projects shall report on the progress of their activities
including the number of housing units completed and occupied by low -
moderate and low income - residents. The Contractor shall also report
emographic information on each head of household. Each goal and
corresponding objective(s), as indicated in the approved Scope of Services,
must be addressed as part of this report.
Section 11- Fiscal Information:
The Contractor must report expenditure information based on approved
budgeted line items to reflect all costs incurred during the reporting period.
In addition, the Contractor shall report on Program income Usage for each
contracted activity.
Section III - Minority Business Enterprise:
Minority Business Enterprise Report (First and Third Quarter Progress
Report)- The Contractor shall report to OCED the number of business
activities involving minority vendors, including subcontractors performing
work under this Agreement. The "Minority Business Enterprise Report"
Section in Attachment C, and when applicable Section 3 in the same
Attachment shall be completed semiannually by the Contractor and
submitted to OCED no later than April 10, 2002 and October 10, 2002.
Section iV - Neighborhood Employment Opportunities:
Neighborhood Emplovment Opportunities Report {First and Third Quarter
Progress Report) - The Contractor shag report to OCED the number of focus
and service area residents who have received employment opportunities
from federally financed and assisted projects and activities. The
Neighborhood Employment Opportunities Report shall be submitted using
the Progress Report form attached hereto as a Section in Attachment C, as it
may be revised. This section of the form shall be completed semiannually by
the Contractor and submitted to OCED no later than April 10, 2002 and
October 10, 2002.
The Contractor shall submit to the County, in a timely manner, any other
information deemed necessary by the County, and its presentation shall
comply with the format specified at the time of the request. Failure to submit
the Progress Reports or other information in a manner satisfactory to the
County by the due date shall render the Contractor in noncompliance with
this Article. The County may require the Contractor to forfeit its claim to
payment requests or the County may invoke the termination provision in this
Agreement by giving five days written notice of such action to be taken.
b. Unspecified Site(s) Objective - If the Contractor has not yet identified a
location to carry out any of the activities described in Attachment A, the
Contractor shall submit, in triplicate, Progress Reports, using the form
attached hereto as part of Attachment C, on a monthly basis until such time
as the Contractor complies with the provisions contained within Section II,
Paragraph ,DA. of this contract. Copies of the above described Progress
Report shall be received by OCED no later than the tenth (10th) business day
of each month and shall address the progress undertaken by the Contractor
during the previous month. This Progress Report shall not be 'required if the
Contractor is submitting the Progress Reports required by Section 11,
Paragraph D.1.a and Paragraph D.3.
2. Annual Report (Fourth Quarter Progress Report)- The Contractor shall submit a
cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section 11, Paragraph D.1.a. above, which shall
describe the progress made by the Contractor in achieving each of the objectives
identified in Attachment A during the previous year. The "Annual Report" must cover
the CDBG fiscal, year of January 1, 2002 through December 31, 2002 and shall be
received by OCED no later than January 10, 2003.
M
3. Environmental Review - The Contractor immediately upon locating or determining a
site for each of the "Unspecified Site" activities to be carried out pursuant to this
contract, shall submit information detailing the location of each site for which a Site
Environmental Clearance Statement, will be prepared as described in Section 11,
Paragraph E.4. of this contract set forth below. The Environmental Review is to be
prepared on information contained in Attachment E, "Information for Environmental
Review." The Contractor shall obtain a written Environmental Approval Letter from
OCED prior to expending CDBG funds. Failure to comply with this requirement shall
result in the revocation of this agreement.
4. Audit Report - The Contractor shall submit to OCED an annual audit report in
triplicate as required by Section 11, Paragraph l of this contract as set forth below.
5. Inventory Report - The Contractor shall report annually all nonexpendable personal
and real property purchased with CDBG funds from this and previous agreements
with the County as specified in Section 1i, Paragraph Q of this contract.
6. Affirmative Action Plan - The Contractor shalt report to OCED information relative to
the equality of employment opportunities whenever so requested by OCED.
E. Participation in the CDBG Program
I . The Contractor shall mainta €n current documentation that its activities meet one of
the three (3) CDBG national objectives:
a. To benefit low- and moderate- income persons;
b. To aid in the prevention or elimination of slums or blight;
C. To meet community development needs having a particular urgency.
2. For activities designed to meet the national objective of benefit to low- and
moderate- income persons, the Contractor shall ensure and maintain documentation
that conclusively demonstrates that each activity assisted in whole or in part with
CDBG funds is an activity which provides benefit to no less than 51 % of low- and
moderate- income persons.
3. The Contractor shall comply with all applicable provisions of 24 CFR Part 570 and
shall carry out each activity in compliance with all applicable federal laws and
regulations described therein.
4. The Contractor agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR Part 24 and 24 CFR 57 Q.606(b): (b) the requirements of 24 CFR
670.606 (c) governing the Residental Antidisplacement and Relocation Assistance
plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606 (d)
governing optional relocation policies. (The County may preemept the optional
policies). The Contractor shall provide relocation assistance to persons (families,
individuals, businesses, non - profit organizations and farms) that are displaced as a
direct result of acquisition, rehabilita €on, demolition or conversion for a CDBG
assisted project. The Contractor also agrees to comply with applicable County
ordinances, resolutions and policies concerning the displacement of persons from
their residences.
5. For each activity or portion of activity described in Attachment A hereto for which a
location has not yet been identified, the Contractor shall obtain, immediately after a
site is identified by the Contractor, OCED's written environmehtal clearance
statement and shall agree in writing to comply with any and all requirements as may
be set forth in the Site Environmental Clearance Statement.
B. The Contractor shall make a good faith effort to address the concerns of the
residents of the affected -area. The Contractor shall cooperate with OCED in .
informing the appropriate CDBG citizen participation structures, including the
appropriate area committees, of the activities of the Contractor in adhering to the
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provisions of this contract. Representatives ofthe Contractor shall attend meetings
of the appropriate committees and citizen participation structures; upon the request
of the citizen participation officers, OCED, or the County.
7. The Contractor shall, to the greatest extent possible, give low- and moderate- income
residents of the service areas opportunities for training and employment.
8. For activities involving acquisition; rehabilitation and /or demolition of property and
which require the relocation of families, individuals, businesses and/or industries, the
Contractor shall submit a written notification to the Urban Development Unit of OCED
prior to relocating, evacuating, and/or dispersing any and all legal occupants who
reside at this property on the basis of a long or short term lease. When the legality of
an occupant (individual, family, business, and /or industry) is in question, the
Contractor shall contact the above mentioned unit 'prior to making a determination.
Contractors receiving CDBG funds shall adhere to 24 CFR part 50 and/or part 58 and
to the rules and regulations of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended.
9. The Contractor shall adopt Affirmative Marketing Procedures and requirements for
CDBG assisted projects. These procedures must consist of actions to provide
information and attract eligible persons from all racial, ethnic and gender groups to
the available services. The Contractor shall annually assess its affirmative marketing
program to determine if the procedures used to comply with the requirements
specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these
requirements. The Contractor shall submit to OCED its Affirmative Marketing Plan no
later than 60 days from the date this Agreement is executed.
F. Federal, State, and County Laws and Regulations
1. The Contractor shall comply with applicable provisions of applicable federal, state,
and County laws, regulations, and rules including 24 CFR Part 85, OMB A -128, OMB
A -87, and with the applicable procedures specified in OCED's Contract Compliance
Manual, which are incorporated herein by reference, receipt of which is hereby
acknowledged, and as they may be revised.
2. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on the basis of age; Title Will of the Civil Rights Act of 1968,
as amended, and Executive Order 11063 which prohibits discrimination in housing on
the basis of race, color, religion, sex, or national origin; Executive Order 11246, as
amended which requires equal employment opportunity; and with the Energy Policy
and Conservation Act (Pub.L 94 -163) which requires mandatory standards and
policies relating to energy efficiency.
The Provider also agrees to comply with the Domestic Violence Leave codified as
11A -60 et seq. of the Miami -Dade County Code, which requires an employer, who in
the regular course of business has fifty (50) or more employees working in Miami -
Dade County for each working day during each of twenty (20) or more calendar work
weeks to provide domestic violence leave to its employees. Failure to comply with
this local law may be grounds for voiding or terminating this Agreement or for
commencement of debarment proceedings against the Provider.
3. If the amount payable to the Contractor pursuant to the terms of this contract is in
excess of $100,000, the Contractor shall comply with all applicable standards, orders,
or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C.
1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as
amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental
Protection Agency regulations (40 CFR Part 15); and Executive Order 11738.
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4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Contractor.
shall report its compliance with Section 504 of the Rehabilitation Act whenever so
requested by OCED.
5. Americans with Disabilities Act (ADA) of 1990 - The Contractor shall attest to; and
submit the required Disability Non - discrimination Affidavit assuring compliance with
all applicable requirements of the laws listed below including but not limited to, those
provisions pertaining to employment, provisions and program services,
transportation, communications, access to facilities, renovations, and new
construction.
6. Compliance with Miami.:Dade County Ordinance 98 -30 County Contractors
Employment and Procurement Practices 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. Finns whose Boards of Directors are representative of the population
make -up of the nation are exempt from this requirement 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 proposalslbids 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.
7. Domestic Leave Ordinance: Prior to entering into any contract with the Couty, a firm
desiring to do business with the County shall, as a condition of award, certify that it
is in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A -60 of the
Miami -Dade County Code, This Ordinance applies to employers that have, in the
regular course of business, fifty (50) or more employees working in Miami Dade
County for each working day during each of twenty (20) or more calendar work weeks
in the current or preceding calendar year. in accordance with Resolution R- 185 -00,
the obligation to provide domestic violence leave to employees shall be a contractual
obligation. The County shall not enter into a contract with any firm that has not
certified its compliance with the Domestic Leave Ordinance. Failure to comply with
the requirements of Resolution R- 185 -00, as well as the Domestic Leave Ordinance
may result in the contract being declared void, the contract being terminated and /or
the firm being debarred.
8. Code of Business Ethics: In accordance with Section 2- 8.1(1) of the Code of Miami-
- lade County each person or entitiy that seeks to do business with Miami -Dade
County shall adopt a Code of Business Ethics ("Code") and shall, prior to execution
If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the
attesting firm, is found by the responsible enforcement agency, the Courts or the County to be
in violation of the Acts, the County will conduct no further business with such attesting firm.
Any contract entered into based upon a false affidavi., as listed below, and submitted
pursuant to this resolution shall be voidable by the County:
1. . Miami -Dade County Ownership Disclosure Affidavit
2. Miami -Dade Employment Family Leave Affidavit
3. Miami. -Dade Employment Drug -Free Workplace Affidavit
4. Miami -Dade Employment Disclosure Affidavit
5. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime Affidavit
B. Related -Party Disclosure Information
9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees
or Taxes
10. Affirmative Action Affidavits
11. Current on all County Contracts, Loans, and Other Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Violence Leave Affidavit
14. Code of Business Ethics Affidavit
15. Financial and Conflicts of interest Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm
has with the County, such contract shall be voidable by the County, even if the attesting firm
was not in violation at the time it submitted its affidavit.
The applicable Acts are as follows:
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.G. Sections 225 and 611 including Title 1, Employment;
Title 11, Public Services; Title 111, Public Accommodations and Services Operated by
Private Entities Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631.
G. Conflicts with Applicable Laws
If any provision of this contract conflicts with any applicable law or regulation, only the
conflicting provision shall be deemed by the parties hereto to be modified to be consistent
with the law or 'regulation or to be deleted if modification is impossible. However, the
obligations under this contract, as modified, shall continue and all other provisions of this
contract shall remain in full force and effect.
H. Construction
If the Contractor engages in, procures, or makes loans for construction work, the Contractor
shall.
1. Contact the OCED representative noted in Section iV, Paragraph K of this contract,
prior to taking any action, to schedule a meeting to receive compliance information.
2. Comply with the Contractor's procurement and pre -award requirements and
procedures which, at a minimum, shall adhere to ail appiicable federal standards.
3. Comply with the Davis -Bacon Act; Copeland Antl =Kick Back Act; Contract Work
Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as
amended on September 15,1999; and other related acts, as applicable.
4. Submit to OCED for written prior approval all proposed Solicitation Notices,
Invitations for Bids, and Requests for Proposals prior to publication.
S. Submit to OCED all construction plans and specifications and receive OCED's
approval prior to implementation.
7
6. Contact the OCED representative noted in Section 1V, Paragraph K prior to
scheduling a pre - construction conference.
In accordance with industry standards, OCED will hold 10% of the total grant award
as a retainer until the completion of the construction work is verified by OCED
through a Certificate of Occupancy.
L Audits and Records
1. The Contractor expending $300,000 or more annually in federal awards shall have a
single or program specific audit conducted in accordance with OMB A -133. The
Contractor expending federal awards of $300,000 or more under only one federal
program may elect to have a program- specific audit performed, in accordance with
OMB A -133. Contractors who will be receiving, or who have received, federal awards
for loans or loan guaranteed programs may required to conduct audits of those
programs in accordance with regulations of the federal agencies providing those
guarantees or loans.
2. The Contractor expending less than $300,000 annually in federal awards shall be
exempt from an audit conducted in accordance with OMB A -133, although their
records must be available for review (e.g., inspections, evaluations). These
Contractors are required by OCED to submit "reduced scope" audits (e.g., financial
audits, performance audits). They may choose instead of a reduced scope audit to
have a program audit conducted for each federal award in accordance with federal
laws and regulations governing the programs in which they participate. ' Records
must be available . for review or audit by appropriate officials of the General
Accounting Office and other federal and county agencies.
3. When the requirements of OMB A -133 apply, or when the Contractor elects to comply
with OMB A -133, an audit shall be conducted for each fiscal year for which federal
awards attributable to this contract have been received by the Contractor. Each audit
shall include a fiscal review, which includes a validation of all program generated
income and its disposition, especially attributable to CDBG funds, an internal control
review, and a compliance review as described in OMB A -133. A copy of the audit
report in triplicate must be received by OCED no later than six (6) months following
the end of the Contractor's fiscal year.
4. The Contractor shall maintain all Contract Records in accordance with generally
accepted accounting principles, procedures, and practices which shall sufficiently
and properly reflect all revenues and expenditures of funds provided directly or
indirectly by the County pursuant to the terms of this contract.
5. The Contractor shall maintain all Contract Records that document all actions
undertaken to accomplish the "Scope of Services" outlined in Attachment 'A in this
contract.
6. The Contractor shall ensure that the Contract Records shall be at all times subject to
and available for full access and review, inspection, or audit by County and federal
personnel and any other personnel duly authorized by the County.
7. The Contractor shall include in all OCED approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this contract and defined by OCED, each of the record-
keeping and audit requirements detailed in this contract. OCED shall, in its sole
discretion, determine when services are eligible substantive programmatic services
and subject to the audit and record - keeping requirements described above.
J. Retention of Records
1. The Contractor shall retain all Contract Records for a period of at least five (5) years
(hereinafter referred to as "Retention Period ") subject to the limitations set forth
below:
a. For all non -CDBG assisted activities the Retention Period shall begin upon
the expiration or termination of this contract.
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b. For CDBG assisted public service activities the Retention Period shall begin
upon the date of U.S. HUD's acceptance of OCED's annual Grantee
Performance Report for the year in which the activity is reported as
completed. For each public service activity the Contractor must retain all
contract records except those relating to real and nonexpendable personal
property.
C. For all other CDBG assisted activities the Retention Period shall begin upon
U.S. HUD's acceptance of OCED's annual Grantee Performance Report in
which each assisted activity is reported on for the final time. For all the
CDBG assisted activities covered by this Section 11, Paragraph J.1.c., the
Contractor must retain all contract records except those relating to real and
nonexpendable personal property.
d. For all CDBG assisted activities, the. Retention Period for all contract records
relating to real and nonexpendable personal property shall begin upon the
date of the final disposition of the property.
2. If the County or the Contractor have received or given notice of any kind indicating
any threatened or pending litigation, claim or audit arising out of the services
.provided pursuant to the terms of this contract, the Retention Period shall be
extended until such time as the threatened or pending litigation, claim or audit is, in
the sole and absolute discretion of OCED, fully, completely and finally resolved.
3. The Contractor shall allow the County, federal personnel, or any person authorized by
the County full access to and the right to examine any of the contract records during
the required Retention Period.
4. The Contractor shall notify OCED in writing, both during the pendency of this
contract and after its expirations part of the final close -out procedure, of the address
where all contract records will be retained.
5. The Contractor - shall obtain written `approval of OCED prior to disposing of any
contract records within one year after expiration of the Retention Period.
K. Provision of Records
1. The Contractor shall provide to OCED, upon request, all contract records. These
records shall become the property of OCED without restriction, reservation, or
iimitation of their use. OCED shall have unlimited rights to all books, articles, or
other copyrightable materials developed for the purpose of this contract. These
unlimited rights shall include the rights to royalty- fees; nonexclusive, and irrevocable
license to reproduce, publish, or otherwise use, and to authorize others to use, the
information for public purposes.
2. If the Contractor receives funds from, or is regulated by other governmental agencies,
and those agencies issue monitoring reports, regulatory examinations, or other
similar reports, the Contractor shall provide a copy of each report and any follow -up
communications and reports to OCED immediately upon such issuance unless such
disclosure is a violation of the regulatory agencies issuing the reports.
L. Prior Approval
The Contractor shall obtain prior written approval from OCED prior to undertaking any of the
following:
1. The engagement or execution of any subcontracts or contract assignments, wherein
CDBG funds will be used to pay for goods or services. The contractor must submit
all proposed agreement documents to OCED at least thirty (30) days prior to the start
date of the agreement.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions.
E
4. The purchase of all nonexpendable personal property not specifically listed in the
approved budget.
5. The disposition of all real, expendable personal, and nonexpendable personal
property as defined in Section 11, Paragraph 0.1. of this contract.
6. All out -of -town travel not specifically listed in the approved budget.
7. The disposition of program income not specifically listed in the approved program
income budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and bequests
for Proposals as provided for in Sectional, Paragraph H of this contract.
9. The disposal of all contract records as provided for in Section It Paragraph J of this
contract.
M. Monitoring
The Contractor shall permit OCED and other persons duty authorized by OCED to inspect all
contract records, facilities, equipment, materials, and services of the Contractor which are in
any way connected to the activities undertaken pursuant to the terms of this contract, and/or
to interview any clients employees, subcontractors, or assignees of the Contractor. Following
such inspection or interviews, OCED will deliver to the Contractor a report of its findings, and
the Contractor will rectify all deficiencies cited by OCED within the specified period of time set
forth in the report, or provide OCED with a reasonable justification for not correcting the
deficiencies. OCED will determine, in its sole and absolute discretion whether or not the
Contractor's justification is acceptable or if the Contractor must, despite the justification,
rectify the deficiencies cited by OCED in its report
N. Conflict of Interest
The Contractor agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part $5.36
for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and
covenants that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of services requried under this Agreement. The Contractor
further covenants that in the performance of this Agreement no person having such
a financial interest shall be employed or retained by the Contractor hereunder. These
conflict of interest provisions apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the County, or of any
designated public agencies or subreciplents which are receiving funds under the
CDBG Entitlement program.
The Contractor shall disclose any possible conflicts of interest or apparent
Improprieties of any party that are covered by the above standards. The Contractor
shall make such disclosure in writing to OCED immediately upon the Contractor's
discovery of such possible conflict. OCED will then render an opinion which shall be
binding on all parties.
O. Publicity, Advertisements and Signage
1. The Contractor shall ensure that all publicity, public relations and advertisements and
signs, recognize the Miami -Dade Office of Community and .Economic Development
(OCED) and Community Development Block Grant (CDBG) for the support of all
contracted activities. This is to include, but is not limited to, all posted signs,
pamphlets, wail plaques, cornerstones, dedications, notices, flyers, brochures, news
releases, media packages, promotions, and stationery. All signs used to publicize
OCED contracted activities must be approved by OCED prior to being posted and
must also meet the standard specifications as established by OCED. The use of the
official Miami -Dade OCED logo is permissible
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2. The Contractor shall furnish, erect and maintain construction signs in accordance
with sketch included in these contract documents. The signs shall be made of %
inch ' thick marine plywood, newly painted and lettered according to the
accompanying sketch. The signs shall be painted and lettered in accordance with
professional outdoor sign painting standards as to layout, symmetry, proportion,
clarity and neatness and use of weather - resistant colors and materials. The
Contractor shall place the signs,. securely braced and mounted, as shown on the
typical project sign placement diagram or as directed by the engineer. All materials
shall be provided by the Contractor and the signs shall remain in the property of the
Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE
PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE
WITH THE. DETAIL SHOWN ` iN ATTACHMENT F. For this project signs will be
required. Payment for furnishing, installing and maintaining the sign shall be under
the bid amount for mobilization.
P. Procurement
The Contractor must take affirmative steps to procure supplies, equipment, construction, or
services to fulfill this contract from minority and women's businesses, and to provide these
sources the maximum feasible opportunity to compete for subcontracts to be procured
pursuant to this contract. To the maximum extent feasible, these businesses shall be located
in or owned by residents of the Community Development areas designated by OCED in the
CDBG application approved by the supervising federal agency. The Contractor shall assure
that all subcontracts or third party -agreements contain provisions with stated goals, that low -
income residents from' Community Development focus and service areas be provided with
opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Contractor must direct federal financial assistance toward Target Area residents and ensure
that employment and economic opportunities be given to low and very low- income persons,
particularly those who are recipients of government assistance for housing according to the
guidelines mentioned below:
1. In conformance with Section 3 of the Housing and Community Development Act of
1968, the Contractor must direct federal financing assistance towards Target Area
residents and ensure that employment and economic opportunities be given to low
and very low - income persons, particularly those who are recipients of government
assistance for housing according to the guidelines mentioned below:
A. The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 'U.S.C. 170lu (section 3).
The purpose of section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low- income persons, particularly
persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent
them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which_ the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions,'the qualifications, for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
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contractor wilt not subcontract with any subcontractor wuere the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2)
with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self - Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest; extent feasible(1) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to
comply with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
Q. Property
1. Definitions
a. Real Property: Land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical existence such
as patents, inventions, and copyrights
C. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part
of a structure, facility or another piece of equipment.
d. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Contractor shall comply with the real property requirements as stated below:
a. Any real property under the Contractor's control that was acquired or improved in
whole or in part with CDBG funds received from OCED in excess of $25,000 shall
be either:
1) Used to meet one of the three (3) CDBG national objectives required
by and defined in 24 CFR Part 570.208 for five (3) years following the
expiration or termination of this contract, or for such longer period
of time as determined by OCED in its sole and absolute discretion;
or
2) Not used to meet one of the three (3) CDBG National Objectives. In
the event the property is not used to meet one of the national
objectives for five (5) years following the expiration or termination of
this contractor such longer period as determined by OCED -then the
Contract or shall pay to OCED an amount equal to the market value
of the property as may be determined by OCED in Its sole and
absolute discretion, less any proportionate portion of the value
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attributable to expenditures of nL.., -CDBG funds for acquisition of, or
Improvement to, the property. Reimbursement is not required after
the period of time specified in Paragraph 0.2.a.1., above.
b. Any real property under the Contractor's control that was acquired or
improved in whole or in part with CDBG funds from OCED for $25,000 or less
shall be disposed of, at the expiration or termination of this contract, in
accordance with instructions from OCED.
d. All real property purchased in whole or in part with funds from this and
previous contracts with OCED, or transferred to the Contractor after being
purchased in whole or in part with funds from OCED, shall be listed in the
property records of the Contractor and shall include a legal description; size;
date of acquisition; value at time of acquisition; present market value;
present condition; address or location; owner's name if different from the
Contractor; information on the transfer or disposition of the property; and
map indicating whether property is in parcels, lots, or blocks and showing
adjacent streets and roads. The property records shall describe the
programmatic purpose for which the property was acquired and identify the
CDBG national objective that will be meta If the property was improved, the
records shall describe the programmatic purpose for which the
improvements were made and identify the CDBG national objective that will
be met.
e. All real property shall be inventoried annually by the Contractor and an
inventory report shall be submitted to OCED when and as requested by
OCED. This report shall include the elements listed in Paragraph Q.2.c.,
above.
3. The Contractor shall comply with the nonexpendable personal property requirements
as stated below.
a. All nonexpendable personal property purchased in whole or in part with
funds from this and previous contracts with OCED shall be listed in the
property records of the Contractor and shall include a description of the
property; location; model number; manufacturer's serial number; date of
acquisition; funding source; unit cost at the time of acquisition; present
market value; property inventory number; information on its condition; and
information on transfer, replacement, or disposition of the property.
b. All nonexpendable personal property purchased in whole or in part with
funds from this and previous contracts with OCED shall be inventoried
annually by the Contractor and an inventory report shall be submitted to
OCED when and as requested by OCED. The inventory report shall include
the elements listed in Paragraph Q.3.a., above.
C. Title (ownership) to all nonexpendable personal property purchased in whole
or in part with funds given to the Contractor pursuant to the terms of this
contract shall vest in the County and OCED.
4. The Contractor shall obtain the prior written approval from OCED for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the Contractor or subcontractor
pursuant to the terms of this contract. The Contractor shall dispose of all such
property in accordance with instructions from OCED. Those instructions may require
the return of all such property to OCED'.
R. Program Income
1. Program income as defined in 24 Cr=R Part 570.500 means gross income received by
the Contractor directly generated from activities supported by CDBG funds. When
program income is generated by an activity that is only partially assisted with CDBG
funds, the income shall be prorated to reflect the percentage of CDBG funds used.
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2. If the contractor generates program income, the contractor may retain the program
and use it for costs that are in addition to the approved costs of this contract,
provided. that such costs specifically further the objectives of this contract. These
additional costs need not be of a kind that would be permissible as charges to this
contract. However, the Contractor shalt not, under any circumstances, use program
income to pay for charges or expenses that are specifically not allowed pursuant to
the terms of this contract and applicable federal regulations or rules or any County
rules or ordinance.
a. The Contractor shall comply with the program income provisions in OCED's
Contract Compliance Manual. If any program income provisions of the
Contract Compliance Manual conflict with any program income provisions of
this contract, the provisions of this contract shall rule.
b. The Contractor shall report to OCED all cumulative program income
generated from activities financed in whole or in part by funds from this
contract. This information must be submitted quarterly as part of the Fiscal
Section of the Contractor's Progress Report as outlined in Section 11,
Paragraph D.1.a.
c. The Contractor shall report program income for as long as it receives and/or
has control over program income generated from this and any previous
contracts with OCED.
d. The Contractor shall provide to OCED a written explanation of the activities
to be assisted with program income and shall obtain OCED's written
approval prior to implementing those activities. All provisions of this
contract shall apply to any activity performed using program income.
e. Subject to the limitations set forth in this paragraph, the Contractor may use
program income to fund any CDBG eligible- activity as provided for and
defined by 24 CFR Part 574 at seq.
f. Program income from a revolving loan activity must be used only for the
same revolving loan activity.
g. Program income from a revolving Than activity, such as loan repayments,
interest earned, late 'fees, and investment income, shall be substantially
disbursed to eligible loans, loan- related programmatic costs, and operational
costs for the same revolving loan activity before the Contractor may request
additional CDBG funds for that activity.
h. All program income from nonrevolving loan activities shall be substantially
disbursed to carry out other OCED approved CDBG eligible activities, and to
cover operational costs before requesting additional CDBG funds.
L Any proceeds from the sale of property as detailed in Section 11, Paragraph
Q.4., above, shall be considered program income.
j, The Contractor shall obtain, as part of the required audit report, validation by
a certified auditor of all program generated income and its disposition.
3. Upon expiration or termination of this contract or at the end of any program year, the
Contractor shalt transfer to the County any program income funds on hand, and any
program income accounts receivable attributable to any CDBG funded activities.
OCED may require remittance of all or part of any program income balances
(including investments, thereof) held by the Contractor (except those needed for
immediate cash needs, cash balances of a revolving loan fund, cash balances from a
Jump sum drawdown, or cash or investments held for Section 108 Security needs).
4. OCED, in its sole and absolute discretion, reserves the right to pursue other courses
of action in the retention and use of program income generated by the Contractor,
and such action shall not require an amendment to this contract.
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S. Travel
The Contractor shall comply with the County's travel policies. Documentation of travel
expenses shall conform to the requirements of OCED's Contract Compliance Manual.
T. Subcontracts and Assignments
1. The Contractor shall ensure that all subcontracts and assignments:
a. Comply with all requirements and regulations specified in OCED's Contract
Compliance Manual;
b. Identify the full, correct, and -legal name of the party;
C. Describe the activities to be performed;
d. Present a.complete and accurate breakdown of its price component;
e. Incorporate a provision requiring compliance with all applicable a regulatory
and other requirements of this contract and with any conditions of approval
that the County or OCED deem necessary. This applies only to subcontracts
and assignments in which parties are engaged to carry out any eligible
substantive programmatic service, as may be defined by OCED, set forth in
this contract. OCED shall in its sole discretion determine when services are
eligible substantive programmatic services and subject to the audit and
record- keeping requirements described above, and;
f. incorporate the language of Attachment E, "Certification Regarding
Lobbying."
2. The Contractor shall incorporate in all consultant subcontracts this additional
provision:
The Contractor is not responsible for any insurance or other fringe benefits, e.g.,
social security, income tax withholdings, retirement or leave benefits, for the
Consultant or employees of the Consultant normally available to direct employees of
the Contractor. The Consultant assumes full responsibility for the provision of all
insurance and fringe benefits for himself or herself and employees retained by the
Consultant in carrying out the Scope of Services provided in this subcontract.
3. The Contractor shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services
4. The Contractor shall receive from OCED written prior approval for any subcontract
prior to engaging any party who agrees to carry out any substantive programmatic
activities as may be determined by OCED as described in this contract. OCED's
approval shall be obtained prior to the release of any funds for the subcontractor.
5. The Contractor shall receive written approval from OCED prior to either assigning or
transferring any obligations or responsibility set forth in this contract or the right to
receive benefits or payments resulting from this contract.
&. Approval by OCED of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by OCED in
excess of the total dollar amount agreed upon this contract.
7. if the subcontract involves $100,000 or more to provide services listed in the Scope of
Services or suppliers to supply the materials, the Contractor shall provide the names
of the subcontractors and suppliers to OCED. The Contractor agrees that it will not
change or substitute subcontractors or suppliers from the list without prior written
approval from OCED.
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U. Additional FL. .,ng
The Contractor shall notify OCED of any additional funding received for any activity described
in this contract. Such notification shall be in writing and received by OCED within thirty (30)
days of the Contractor's notification by the funding source.
V. Method of Payment
The Contractor shall be paid as described below:
1. The Contractor shall be paid for those expenses allowed pursuant to the provisions
provided below only when the Contractor submits to OCED adequate proof, as
determined by OCED in its sole discretion, that the Contractor has incurred the
expenditures. It shall be presumed that the Contractor has provided adequate proof
of having incurred expenses if the Contractor submits to OCED canceled checks or
original invoices approved by the Contractor's authorized representative. When
original documents cannot be presented, the Contractor must adequately justify their
absence in writing and furnish copies of those documents to OCED. The Contractor
must adequately justify their absence in writing and furnish copies of those
documents to OCED. The Contractor shall be paid only for those expenditures
contained within Attachment B, "Budget," to this contract as it may be revised with
the prior written approval by OCED.
2. Requests for payment shall, be assembled by calendar month and submitted to OCED
no less frequently than monthly. Failure to comply may result In rejection of invoices.
In no event shall the County provide advance CDBG funding to the Contractor or to
any subcontractor hereunder nor shall the Contractor advance CDBG funds to any
party.
3. Any payment due under the. terms of this contract may be withheld pending the
receipt and approval by OCED of all reports and documents which the Contractor is
required to submit ' to OCED pursuant to the terms' of this contract or any
amendments thereto.
4. No payments will be made without evidence of appropriate insurance required by this
contract. Such evidence must be on file with OCED and the County's Risk
Management Division. OCED 'must receive the final request for payment from the
Contractor no more than sixty (60) calendar days after the expiration or termination of
this contract. If the Contractor fails to comply with this requirement, the Contractor
will forfeit all rights to payments if OCED, in its sole discretion, so chooses.
5. Within thirty (30) calendar days after this contract expires or is terminated, the
Contractor shall provide to OCED a list of all invoices and costs that relate to this
contract's approved Budget and that have not been submitted to OCED. Any invoice
received by OCED, subsequent to receipt of this list by OCED which reflects a cost
not included on this list will not be paid.
OCED must receive the final request for payment from the Contractor no more than
sixty (60) calendar days after the expiration or termination of this contract. If the
Contractor fails to comply with this requirement, the Contractor will forfeit all rights
to payments if OCED in its sole discretion so chooses.
6. All monies paid to the Contractor which have not been used to retire outstanding
obligations of this contract must be refunded to OCED in accordance with OCED's
Contract Compliance Manual,
7. Any unexpended funds remaining after the completion of the services under this
contract, or after termination of this contract for any reason, shall be recaptured in
full by the County.
W. Reversion of Assets
The Contractor shall return to OCED, upon the expiration or termination of this contract, all
assets owned or held as a result of this contract, including, but not limited to any funds on
hand, any accounts receivable attributable to these funds, mortgages, notes, and other
16
collateral, a. . any overpayments due to unearned or coa. disallowed pursuant to the terms
of this contract that were disbursed to the Contractor by the County. The Contractor shall
within thirty days of expiration or termination of this contract execute any and all documents
as required by the County to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMB A -87, by the Contractor prior to the expiration or
termination of this contract shall be retained by OCED.
Ill. The County Agrees:
Subject to the availability of funds, to pay for contracted activities according to the terms and
conditions contained within this contract in an amount not to exceed $340,000.00.
IV. The Contractor and OCED Agree:
A. Effective Date
1. This contract shall begin on January 1, 2002. Any costs incurred by the Contractor
prior to this date will not be reimbursed by the County.
2. This contract shall expire on December 31, 2002. Any costs incurred by the
Contractor beyond this date will not be reimbursed by the County. The term of this
agreement and the provisions herein shall be extended to cover any additional time
period during which the Contract remains in 'control of the CDBG funds or others
assests, including program income to support CDBG ellgobie activities.
3. This contract may, at the sole and absolute discretion of the County and OCED,
remain In effect during any period that the Contractor has control over contract
funds, including program income. However, the County shall have no obligation or
responsibility to make any payment, except those described within Section 11,
Paragraph V, or provide any type of assistance or support to the Contractor if this
contract has expired or been terminated.
B. Suspension
1. OCED may, for reasonable causes, temporarily suspend the Contractor's operations
and authority to 'obligate funds under this contract or withhold payments to the
Contractor pending necessary corrective action by the Contractor or both.
Reasonable cause shall be determined by OCED in its sole and absolute discretion,
and may include:
a. Ineffective or improper use of these contract funds by the Contractor or any
of its subcontractors;
b. Failure by the Contractor to comply with any term or provision of this
contract;
C. Failure by the Contractor to submit any documents required by this contract;
or
d. The Contractor's submittal of incorrect or incomplete reports or other
required documents.
2. In the event of a default by the Contractor, OCED may at any time suspend the
Contractor's authority to obligate funds, withhold payments or both. These actions
may apply to only part or all of the activities funded by this contract.
3. OCED will notify the Contractor of the type of action to be taken in writing by certified
mail, return receipt requested, or in person with proof of delivery. The notification will
include the reason(s) for such action, the conditions of the action, and the necessary
corrective action(s). OCED will give the Contractor reasonable opportunity to rectify
any action or inaction referenced above.
C. Termination
L Termination at Will
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This L. atract,, in whole or in part, may be terminar by OCED upon no less than ten
(10) working days notice when OCED determines that it would be in the best interest
of OCED and the County. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery.
2. Termination for Convenience
OCED may terminate this contract, in whole part, when both parties agree that the
continuation of the activities would not produce beneficial results commensurate
with the further expenditure of funds. Both parties shall agree upon the termination
conditions.
3. Termination Because of Lack of Funds
in the event of a funding short - fall, or a reduction in federal appropriations, or should
funds to finance this contract become unavailable, OCED may terminate this contract
upon no less than twenty -four (24) hours written notification to the Contractor. Said
notice shall be delivered by certified mail, return receipt requested, or In person with
proof of delivery. OCED shall be the final authority in determining whether or not
funds are available. OCED may at Its discretion terminate, renegotiate and/or adjust
the contract award, whichever is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Contractor
through Board of County Commissioners action, the Contractor may, at its discretion,
request in writing from the Director of OCED a release from its contractual
obligations to the County. The Director of OCED will review the effect of the request
on the community and the County prior to making a final determination.
5. Termination for Breach
OCED may terminate this contract, in whole or in part, when OCED determines, in its
sole and absolute discretion, that the Contractor Is not making sufficient progress
thereby endangering the ultimate contract performance, or is not materially
complying with any term or provision of this contract.
Unless the Contractor's breach is waived by OCED in writing, OCED may, by written
notice to the Contractor, terminate this contract upon no less than twenty-four (24)
hours notice. Said notice shall be delivered by certified mail, return receipt requested,
or in person with proof of delivery. Waiver of breach of any provision of this contract
shall not be deemed to be a waiver of any other breach and shall not be construed to
be a modification of the terms of this contract. The provisions herein do not limit
OCED's right to legal or equitable remedies.
6. Penalties for Fraud, Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall be
terminated, whenever practicable, as determined by the County.
The County may terminate or cancel any other contracts with such individual or
subcontracted entity it has with the County. Such individual or entity shall be
responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees.
The foregoing 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.
7. Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs incurred in
carrying out activities required by this contract up to the date and time of termination.
w
D. Renegotiation or Modification
Modifications of provisions of this contract shall be valid only when in writing and signed by
duly authorized representatives of each party. The parties agree to renegotiate this contract if
OCED, in its sole and absolute discretion determines that federal, state, and /or County
revisions of any applicable laws or regulations, or increases or decreases in budget
allocations make changes in this contract necessary. OCED shall be the final authority in
determining whether or not funds for this contract are available due to Federal, state and/or
County revisions of any applicable laws or regulations, or increases or decreases in budget
allocations.
E. Right to Waive
OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute
discretion,, waive provisions in this contract or seek to obtain such waiver from the
appropriate authority. Waiver requests from the Contractor shall be in writing. Any waiver
shall not be construed to be a modification of this contract.
OCED's failure to exercise any of its rights under this contract or OCED's waiver of a
provision on any one occasion shall not constitute a waiver of such rights or provision on any
other occasion. No failure or delay by OCED in the exercise of any right shall operate as a
waiver.
F. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and must
comply with OCED's Contract Compliance Manual. These revisions shall not require
a contract amendment unless the amount of this. contract is changed or unless
otherwise required by OCED. All budget revisions shall require the written approval
of OCED.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Contractor be rescinded by action
from the Board of County Commissioners, written notification via certified mail to the
Contractor advising of the funding reduction shall be sent by OCED no later than 5
working days of the action; written notification will constitute a contract amendment.
The Contractor will have five working days upon receipt of certified return receipt
notification to submit a revised budget reflecting funding adjustments. Should the
modified budget not be received within the specified time, OCED will revise the
budget at its discretion.
o
OCED in - its sole and absolute discretion will determine whether substantial
reductions will necessitate revision and resubmittal of the Scope of Service
(Attachment A). Revisions to the Scope of Service, when required, will be negotiated
to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this contract's objectives
are "classified as noted in the Scope of Services shall not require a contract
amendment.
G. Disputes
In the event an unresolved dispute exists between the Contractor and OCED, OCED shall refer
the questions, including the views of all interested parties and the recommendation of OCED,
to the County Manager for determination. The County Manager, or an authorized
representative, will issue a determination within thirty (30) calendar days of receipt and so
advise OCED and the Contractor or in the event additional time is necessary, OCED will notify
the Contractor within the thirty (30) day period that additional time is necessary. The
Contractor agrees that the County Manager's determination shall be final and binding on all
parties.
H. Headings
19
The section a.— paragraph headings in this contract are arted for convenience only and
shall not affect in any way the meaning or interpretation of this contract.
Minority Participation
In order to gain greater Black business participation, the Contractor may submit Its contracts
to the County Manager for bidding and award in accordance with County policies and
procedures.
J. Proceedings
This contract shall be construed in any manner pertaining or relating to this contract shall, to
the extent permitted by law, be held in Miami -Dade County, Florida.
K. independent Private Sector Inspector General Reviews
1, Miami -Dade County has established the Office of the Office of Inspector General
which is empowered to perform random audits on all County contracts throughout
the duration of each contract. Grant recipients are exempt from paying the cost of
the audit which is normally 1/4 of I% of the total contract amount. -
The Miami -Dade County Inspector General is authorized and empowered to review
past, present and proposed County and Pubiic Health Trust programs, contracts,
transactions, accounts, records and programs. In addition, the Inspector General has
the power to subpoena witnesses, administer oaths, require the production of
records and monitor existing projects and programs. Monitoring of an existing
project or program may include a report concerning whether the project is on time,
within budget and in compliance with plans, specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness
of proposed charge orders to the Contract. The Inspector General is empowered to
retain the services of independent private sector inspectors general (IPSIG) to audit,
investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid
specifications, proposal submittals, activities of the Provider, its officers, agents and
employees, lobbyists, County staff and elected officials to ensure compliance with
contract specifications and to detect fraud and corruption.
Upon ten (10) days prior written notice to the Provider from the Inspector General or
IPSIG retained by the Inspector General, the Provider shall make all requested
records and documents available to the inspector General or IPSIG for inspection and
copying. The Inspector General and IPSIG shall have the right to inspect and copy all
documents and records in the Provider's possession, custody or control which, in
the Inspector General or ,IPSIG's sole judgment, pertain to performance of the
contract, including, but not limited to original estimate; files, worksheets, proposals
and agreements from and with successful and unsuccessful subcontractors and
suppliers, all project- related correspondence, memoranda, instructions, financial
documents, construction documents, proposal 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 forthe aforesaid documents and records.
The provisions in this section shall apply to the Provider, its officers, agents,
employees, subcontractors and suppliers. The Provider shall incorporate the
provisions in this section in all subcontractors and all other agreements executed by
the Provider in connection with the performance of the contract.
Nothing in, this contract shall impair any independent right of 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 Provider or
third parties. The Contractor is aware that Miami -Dade County Office of the Inspector
General has the right to perform ramdom audits on all county contracts throughout
the duration of each contract. Grant Recipients are exempt from paying the costs of
the audit, which is normally' /4 of 1% of the total contract amount.
20
L. Notice and Contact
OCED's representative for this contract is Judith Barrera. The Contractor's representative for
this contract is Charles Scurr. The Contractor's principal office is at 6930 Sunset DR, South
Miami, FL 33143.
In the event that different representatives are designated by either party after this contract is
executed, or the Contractor changes its address, notice of the name of the new representative
or new address will be rendered in writing to the other party and said notification attached to
originals of this contract.
M. Name and Address of Payee
When payment is made to the Contractor's assignee, the name and address of the official
payee is: N/A
N. Waiver of Trial
Neither the Contractor, subcontractor, nor any other person liable for the responsibilities,
obligations, services and representations herein, nor any assignee, successor, heir or
personal representative of the Contractor, subcontractor or any such other person or entity
shalt seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation
procedure based upon or arising out of this Contract, or the 'dealings or the relationship
between or among such persons or entities, or any of them. Neither Contractor,
subcontractor, nor any such person or entity will seek to consolidate any such action in which
a jury trial has been waived. The provisions of this paragraph have been fully discussed by
the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has
in anyway agreed with or represented to any other party that the provisions of this paragraph
will not be fully enforced in all instances.
0. All Terns and Conditions included:
This contract and its attachments as referenced (Attachment A - Scope of Services;
Attachment Al - Action Steps; Attachment B Budget; Attachment C - Progress Report;
Attachment D - Information for Environmental Review; Attachment E - Certification Regarding
Lobbying; and Attachment F Publicity, Advertisements and Signage) contain all the terms
and conditions agreed upon by the parties.
21
CONTRACTOR:
City of South Miami"
NAME: Charles Scurr
TITLE: City Manager
DATE: 2 -27 -02
BY:
NAME Hakeern Oshikoya
TITLE:
Finance Director
DATE
Witnesses:
BY:`-
(Signature)
Ralph Rosado
Type or Print Name
BY:
(Signats�re)
Olga Cadaval
Type or Print Name
Federal ID Number: 59- 6000431
Resolution #:R- 1355 -01
Contractor's Fiscal Year Ending Date:
CORPORATE SEAL:
MIAMI -DADE COUNTY
BY: ,
NAME:
Steve Shiver
TITLE: County Manager
t°
e
R
ATTEST 5;.
TITLE: Clerk, Board of County
Commissioners
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
PIPA
City of South Miami
FY 2002
SCOPE OF SERVICES
JANUARY 1, 2002 - DECEMBER 31, 2002
1: ACTIVITY TITLE:
2.- ACTIVITY DESCRIPTION:
3.- APPROVED BY BCC:
4.-SOURCE
5: HUD INFORMATION:
5a.- HUD matrix code:
5b.- Title:
5c.- Eligibility:
6. ACCOMPLISHMENTS:
6a.- Number of Units:
6b.- Type:
7: NATIONAL OBJECTIVE:
8. ACTIVITY ADDRESS:
9: LOCATION:
0, CO: Judith Barrera
1115/02
Construction of Multipurpose Center Phase II at Murray Park
The City of South Miami is requesting funds to implement Phase II
construction of the Multipurpose Parks Building Project at Murray Park
[6700 SW 58 PLj. The project is currently in the design phase and will be
starting construction.
$250,000
CDBG 2002
03F
Parks, Recreational Facilities
570.201 (c)
1
Public Facilities
570.208(a)(1) - Low / Mod income Area (LMA)
6700 SW 58 PL
South Miami FL 33143
South Miami
PLANNER: A.B. Mumford
CITY OF SOUTH MIAMI
FY 2002
Scope of Services
January 1, 2002 — December 31, 2002
Project Title: Multipurpose Center Facilities at Murray Park
Description: Construction of a Multipurpose Parks Facility at a park located in a blighted area.
Specifically, this grant will pay for engineering /design fees, a parking lot, a new water main,
landscaping, a walkway, and a street treatment/entrance feature.
HUD Matrix Code/Title (Eligibility): 03F
Accomplishments: approximately 4,000 people annually will enjoy the building's amenities
Funding Source: CDBG 2002; City of South Miami; South Miami CRA; SNP; FRDAP;
EDI; STAG
National Objective Category and Subcategory: L/M Income Area Benefit
Location: 6700 SW 58h Place, South Miami, FL 33143
Action Steps
a. January 1, 2002 - March 31, 2002
During this period, an environmental assessment will be performed.
We will seek approval of an engineering /design firm currently on retainer with the city.
b. April 1, 2002 June 30, 2002
Engineering /design will be begun and completed.
We will put out an RFP for construction and select a contractor.
C. July 1, 2002 — September 30, 2002
50 % of construction will be completed.
d. October 1, 2002 — December 31, 2002
Final 50% o of construction will be completed.
CITY OF SOUTH MIAMI
CDBG FY2002
Budget Summary
Construction of Multipurpose Center Phase II at Murray
Park
01PERSONNEL
Project Administration
20 CONTRACTUAL SERVICES
Audit
Engineering /design
30 OPERATING EXPENSES
40 COMMODITIES
90 CAPITAL OUTLAY
$222,500. $3,339,4G0 $3,561,900
Construction
Total $250,000 $3,992,420.40 $4,242,420.40
* - Non -OCED funds consist of Safe Neighborhood Parks (SNP) funds, a Florida Recreational Development
Assistance Program (FRDAP) Grant, a State & Tribal Assistance (STAG) Program Grant, an Economic
Development Initiative (EDI) Grant, City of South Miami funds, and an FY01 CDBG ($55,000).
Non -
OCED
OCED
Total
$0
$273,020.40
$273,020.40
$2,500
$0
$2,500
$25,000
$380,000
$405,000
$0
$0
$0
$0
$0
$0
90 CAPITAL OUTLAY
$222,500. $3,339,4G0 $3,561,900
Construction
Total $250,000 $3,992,420.40 $4,242,420.40
* - Non -OCED funds consist of Safe Neighborhood Parks (SNP) funds, a Florida Recreational Development
Assistance Program (FRDAP) Grant, a State & Tribal Assistance (STAG) Program Grant, an Economic
Development Initiative (EDI) Grant, City of South Miami funds, and an FY01 CDBG ($55,000).
CITY OF SOUTH MIAMI
CDBG FY2002
January 1, 2002 — December 31, 2002
Construction of Multipurpose Center Phase II at Murray
Park
Non -
OCED OCED
04010 Salaries
Planning & Zoning Director
Accountant II
Asst. to the City Manager
Parks & Recreation Director
20 CONTRACTUAL SERVICES
Audit
Engineering /design
30 OPERATING EXPENSES
40 COMMODITIES
90 CAPITAL OUTLAY
Construction
Total
Total
$0
$86,756.80
$86,756.80
$0
$47,257.20
$47,257.20
$0
$60,320
$60,320
$0
$78,686.40
$78,686,40
$2,500
$0
$2,500
$25,000
$380,000
$405,000
$0
$0
$0
$0
$0
$0
$222,500
$3,339,400
$3,561,900
$250,000
$3,992,420.40
$4,242,420.40
City of South Miami
FY 2002
SCOPE OF SERVICES
JANUARY 1, 2002 - DECEMBER 31, 2002
1: ACTIVITY TITLE: Land Acquisition for Infill Development
IPTION' The city will acquire four vacant and dilapidated properties in the South
2.- ACTIVITY DESCR
MiamCRA for infill Housing Development.
3: APPROVED BY BCC: $94,000
4.-SOURCE CDBG 2002
5: HUD INFORMATION:
5a.- HUD matrix code:
5b.- Title:
5c.- Eligibility:
6. ACCOMPLISHMENTS:
6a.- Number of Units:
6b.- Type:
7.- NATIONAL OBJECTIVE:
8. ACTIVITY ADDRESS:
9: LOCATION:
Co: Judith Barrera
1/15102
01
Acquisition of Real Property
570.201 (a)
4
Housing Units
570.208(a)(,3,) -Low/ Mod Income Housing (LMH)
South Miami FL 33143
Various locations within the CRA/Focus Area
PLAINWI R: A.B. Mumford
out
i� Fa
r.'
!� • .nt fACl Pft_4`FTFp � G(ljbyfj
t9�
CITY OF SOUTH MIAMI
Scope of Services
FY 2002 CDBG
January 1, 2002 – December 31, 2002
Project Title: Land Acquisition for Infill Development
Description: Numerous vacant, dilapidated properties can be found in the South Miami CRA,
and these trash - strewn, overgrown lots contribute to illegal activity while depreciating
surrounding property values. The SMCRA seeks to acquire at least 4 properties as an incentive
for developers to build homes and mixed -use buildings.
HUD Matrix Code/Title (Eligibility): 17A —CI Land Acquisition
Accomplishments: approximately 4 properties
Funding Source: CDBG 2002; City of South Miami CRA
National Objective Category and Subcategory: L/M Income Area Benefit
Location: Locations within the CRA will be selected based upon the amount funded by the
grant as well as upon the availability of individual properties. Various locations
within the CRA are available. The CRA is bounded by 57th Avenue on the east,
62nd Avenue on the west, SW 62nd Street on the north, and Sunset Drive on the
south.
Action Steps - The dates below include the completion dates for the activities.
a. January 1, 2002 - March 31, 2002
Identify at least 4 parcels to purchase. Perform environmental site assessments.
b. April 1, 2002 – June 30, 2002
Contact owners and determine interest in selling.
c. _ July 1, 2002 - December 31, 2002
Negotiate contracts with property owners.
CITY OF SOUTH MIAMI
Total
* Non -OCED funds consist of City of South Miami funds.
$90,000
Non -
CDBG FY2002
OCED
Budget Summary
Land Acquisition for Infi11 Development
$192,919.20
OCED
01PERSONNEL
$9,000
(Project Administration)
$0
20 CONTRACTUAL SERVICES
$90,000
(Audit)
$1,800
30 OPERATING EXPENSES
$0
40 COMMODITIES
$0
90 CAPITAL OUTLAY
$79,200
(Land purchase)
Total
* Non -OCED funds consist of City of South Miami funds.
$90,000
Non -
OCED
Total
$183,919.20
$192,919.20
$0
$1,800
$0
$0
$0
$0
$90,000
$169,2100
$273,919.20
$363,919.20
CITY OF SOUTH MIAMI
CDBG FY2002
January 1, 2002 — December 31, 2002
Land Acquisition for Infill Development
Non -
OCED
OCED
Total
04010 Salaries
CRA DIRECTOR
$5,764.00
$69,177.60
$74,941.60
ACCOUNTANT II
$1,136.00
$46,121.60
$47,257.60
ASSIST. TO THE CITY MGR
$1,740.00
$58,580.00
$60,320.00
CRA SECRETARY
$360.00
$10,040.00
$10,400.00
20 CONTRACTUAL SERVICES
$1,800
$1,800
Audit
30 OPERATING EXPENSES
$0
$0
$0
40 COMMODITIES
$0
$0
$0
90 CAPITAL OUTLAY
$79,200
$90,000
$169,200
(Land purchase)
Total
$90,000
$273,919.20
$363,919.20
��Wi
DRAFT 11/05/02
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 "BUDGET AND .FINANCE AND..•TAXAT- 10N ... COMMITTEE
10 CREATING A BUDGET AND FINANCE COMMITTEE; PROVIDING
11 DUTIES AND RESPONSIBILITIES; REPEALING ORDINANCE NO.
12 29 -01- .1760; PROVIDING FOR SEVERABILITY, ORDINANCES IN
13 CONFLICT, 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 govermnent 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 of
38 the 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 andIdeletions shown by ever-stfiking.
Page 1 of 4
DRAFT 11/05/02
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. Budget and Finance and- T-- wm -tion- Committee.
6
7 (a) Name. There is hereby created a Budget and Finance end �xa�ien
8 Committee. The committee shall consist of at least five and no more than nine - -eight
9 members.
10
11 (b) Purpose. The purpose of the committee is to provide advice and
12 recommendations to the Mayor and City Commission and to the administration regarding
13 the adoption and implementation of financially sound annual budgets. To accomplish
14 this purpose, the committee is charged with reviewing and evaluating revenue and
15 expenditures on at least a quarterly basis, examining ways to preserve existing revenue
16 sources and 'exploring additional funding sources; overseeing department performance
17 reviews, giving advice to the city commission and the administration on projected
18 revenue,' expenditures and desirable or necessary changes to the types and levels of
19 government services provided by the City, and making recommendations regarding the
20 proposed millage rate and the annual budget for ensuing fiscal years.
21
22 (c) Membership, terms. Members of the committee shall be appointed by the
23 Mayor as provided for by the City Charter. The Mayor and City Commission shall
24 attempt to include representatives of the local business community, residents, accounting
25 and finance experts, and employees in the membership of the committee. Membership
26 may include persons representing other groups or professions. The initial appointments
27 to the committee shall be for a term that expires on October 1, 2003. Thereafter,
28 appointments shall be staggered for terms of one, two and three years.. Appointments to
29 fill any vacancy on the committee will be for the unexpired term. One member of the city
30 commission and the city manager may serve as non - voting ex officio members of the
31 committee.
32
33 (d) Meetings, quorum. Regularly scheduled meetings shall be held at least
34 quarterly at city hall at a convenient time to be decided by the committee members. The
35 members may change the place and time of a particular meeting by motion and a vote of
36 the majority of members present at a regularly scheduled meeting. A majority of the
37 members in good standing shall constitute a quorum necessary to hold meetings and take
38 action. Additional special meetings may be scheduled and notice shall be given, as
39 provided in the city code for meetings of the city commission; provided, however, that
40 scheduling special meetings shall require the vote or written request of a majority of the
41 members. The committee shall appoint a chairperson and a vice chairperson. The
Additions shown by underiinin and deletions shown by eyefst -Mng,
Page 2 of 4
DRAFT 11/05/02
1 chairperson shall conduct all meetings. In the absence of the chairperson, the vice
2 chairperson shall conduct the meeting. All meetings shall be properly noticed, open to the
3 public and minutes shall be kept either by recording or in written form. Members shall
4 serve without compensation.
5
6 (e) ' Administrative assistance. The Director of Finance shall provide the
7 committee members with copies of quarterly and annual financial reports as soon as they
8 are available following the close of the quarter and the fiscal year. The annual audit
9 report shall be provided to committee members within 15 days of delivery to the City by
10 the independent auditors. Ledgers and other account reports shall be provided upon
11 request by the committee. The proposed budget shall be delivered to the committee
12 members not later than the date it is delivered to the city commissioners. The City
13 Manager shall provide assistance to the committee, as necessary, in performing.
14 department reviews.
15
16 (f) Reports. The committee shall discuss with the administration its review of
17 the quarterly and annual financial reports and of other account ledgers, its projected
18 anticipated variations to revenue and expenditures, if any, its department performance
19 reviews and suggested changes, if any, to the type, level and frequency of services, staff
20 and capital needs, cost of services and administrative structure, and it shall notify the city
21 commission accordingly. The committee shall present a report to the city commission at
22 least quarterly, and more often if it forecasts significant variations in anticipated revenue
23 and expenditures. Additionally, the committee shall present the first department
24 performance review within three si-x—months of enactment of this ordinance, and then
25 quarterly reviews for additional departments until all departments have been reviewed by
26 the committee, after which further reviews shall be conducted at the d'ir'ection of the city
27 commission.
2$
29 (g) Sunshine laws. All meetings of the committee and of any two or more
30 persons appointed to the committee are subject to the Florida Sunshine Law requirements
31 for notice and public meeting. All documents, including email communications, prepared
32 by the committee or a committee member are public records.
33
34 Section 2. Ordinance No. 29 -01 -1760, creating Section 2 -26.8 of the code of
35 ordinances, entitled "Budget Review Committee" is repealed. A copy of the repealed
36 ordinance is attached to this ordinance as exhibit "1."
37
38 Section 3. This ordinance shall be included in the City of South Miami Code of
39 Ordinances and Section 2 -26.8.
40
Additions shown by underlining and deletions shown by e s r' -- a.
Page 3 of 4
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 11/05/02
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 November, 2002.
ATTEST: APPROVED:
CITY CLERK MAYOR
1st Reading —
2" a Reading —
COMMISSION VOTE:
READ AND APPROVED AS TO FORM Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
CITY ATTORNEY Commissioner Bethel:
Commissioner
Additions shown by underlining and deletions shown by ^-�o -ilk
Page 4 of 4
performance, mili-
dge, bearing, excep-
tlifications, self -
nt efforts and best
rd. He was recently
with an Air Force
at Medal, which is
)r performance of
s service;' acts of
other outstanding
its or accomplish -
:y, is a programmer
the Headquarters,
systems Croup at
r Force Base, Mont -
a. He is the son of
-ed A. and Tshai M.
diami -Dade and a
.te of Miami Union
Airman Edwin A.
graduated from the
vehicle mechanic
advanced indi-
vidual training .
course at Fort
Jackson,
Columbia, S.C.
He is the son
of Alfonso
'u Bernal o
Miami -Da
and a 20
graduate f
gh
Airman 1st
s
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CITY OF SOUTH MIAMI South Miami
NOTICE OF PUBLIC 'HEARING
ZiOOh
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will, conduct
a Public. Hearing. during its regular• City. Commission .meeting on Thursday, November 21, 2002,
beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH.
MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4) OF THE
LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A .
GENERAL RESTAURANT "ELLI'S BRICK OVEN CAFE" IN THE "SR (HD)" SPECIALTY
RETAIL HOMETOWN DISTRICT OVERYLAY ZONING DISTRICT SPECIFICALLY
LOCATED'. AT 5701 SUNSET. DRIVE (SHOPS AT SUNSET PLACE,. PROVIDING AN
EFFECTIVE DATE).
Inquiries concerning this item should be directed to the Planning Department at 305 - 663 -6326. ,
ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CIVIC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision ade bythis
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.
South Miami
CITY a-CTIA I 1
NOTICE OF PUBLIC HEARING Ii
Zoo, .
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a
Public Hearing during its regular City Commission meeting Thursday, November 21, 2002 beginning at 7:30
p.m., in the City Commission Chambers, 6130. Sunset Drive, to consider 2nd Reading of the following
described ordinance(s):
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 "BUDGET AND FINANCE
COMMITTEE";.. CREATING ABUDGET AND FINANCE COMMITTEE; PROVIDING DUTIES AND
RESPONSIBILITIES; REPEALING ORDINANCE N0.29 -01- 1760; PROVIDING FOR SEVERA';ILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1st Reading — November 4, 2002) _
Said ordinance can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. �
Inquiries concerning this item should be directed to the City Manager's Office at 305 -663 -6338.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CIVIC
City Clerk
City of South Miami
.Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision
made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will
need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of
e proceedings is made which record includes the testimony and
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Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor & Date: December 3, 2002
City Commission
ITEM No.
From: Charles Scurr F6041-7 RE: PUD Major Change
City Manager ailm South Miami Hospital
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST TO ALLOW FOR
THE EXPANSION OF SOUTH MIAMI HOSPITAL AS PERMITTED BY
PROVISIONS SET FORTH IN SECTION 20 -5.12 (F) (1) OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE PERTAINING TO MAJOR
CHANGES TO A PLANNED UNIT DEVELOPMENT PROJECT, FOR
PROPERTY WITHIN A "PUD -H" PLANNED UNIT DEVELOPMENT -
HOSPITAL ZONING DISTRICT, AND MORE SPECIFICALLY LOCATED
AT 6200 SW 73RD STREET; PROVIDING FOR CONDITIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
On June 4,1985, the City Commission adopted Resolution No. 54 -85 -7019, which approved
South Miami Hospital's application for a Planned Unit Development Hospital District. The
original approval permitted a total of 1,119,377 square feet of construction including parking
garages and buildings up to eight stories (85 feet).
On April 21, 1987, the City Commission adopted Resolution No. 54- 85- 7019A, which approved
a revised construction schedule for the parking garages, in consideration of revised landscaping.
On March 20, 1990, the City Commission adopted Resolution No. 30 -90 -9056, which approved
the relocation of the Community Health Education facility, consolidation of the energy center to
provide for a "Solid Waste Heat Recovery" facility (incinerator), and the addition of a second
story to an existing structure to provide for operating rooms adjacent to the surgical services
facility.
On June 4, 1991, the City Commission adopted Resolution No. 82 -91 -9146, which approved an
increase of 2,100 square feet + to house a permanent magnetic resonance imaging operation, which
was to replace the existing temporary facility (a trailer unit) on the campus.
South Miami Hospital PUD Major Change
December 3, 2002
Page 2
On May 4, 1993, the City Commission adopted Resolution No. 75 -93 -9819, which approved the
reduction in height of the proposed Medical Office Building from eight (8) stories to three (3)
stories, relocation of the parking facility south of SW 73 Street in the form of a five -level garage,
inclusion of 6200 SW 72 Street and 6250 SW 72 Street in the Planned Unit Development campus,
increase of the south parking garage by one level for future needs, and deletion of the previous MRI
approval.
On January 7, 1997, the City Commission adopted Resolution No. 2 -97 -9973, which approved
the construction of a 2,225 square foot chapel and a covered patio area, and denied a helistop.
On November 18, 1997, the City Commission adopted Resolution No. 245 -97- 10215, which
redistributed approved square footage, allowing for the construction of a nine -level parking
garage.
PROPOSED CHANGES TO CURRENT PUD
The applicant, South Miami Hospital, has applied for a major change to the approved PUD, as
per Section 20- 5.12(F)(1) of the South Miami Land Development Code. The proposal is for a
phased expansion of the hospital's facilities; no expansion of the land area of the hospital is
requested. According to the application, the following are the four phases of the project:
Project One: Medical Arts Building, Parking Garage and Bridge /Crosswalk Connections
Project One will add 335,772 net new square feet to the Hospital's campus, and includes the
construction of a seven -story (85 feet tall), 104,000 square foot Medical Arts Building (MAB)
and 594 space nine -level (85 feet tall) parking garage north of SW 73rd Street near the existing
Ambulatory Surgery Center (ASC). This project requires the demolition of the existing one-
story 7,156 square foot building (former diagnostic center) located on the corner of the
intersection of Sunset Drive and SW 62nd Avenue. The parking garage will be connected to the
MAB on four levels: at ground level and via three crosswalks. This project also includes a 6,316
square foot bridge /crosswalk connection from the parking garage to the existing North Tower
building, spanning SW 73rd Street. Once the bridge connection is completed, a roof garden will
be constructed on the roof of the third floor of the North Tower. Lastly, Project One also
includes a 250 square foot bridge connecting the second floors of the existing Main and North
Tower buildings to increase the adjacency and efficiency of a planned internal renovation for
Cardiac and Vascular services. It is estimated that Project One will be under construction from
2003 to 2005.
The hospital does not currently have a medical office building on campus and the MAB facility
will serve as the storefront for a new Orthopedic Center of Excellence with Outpatient
Rehabilitation services to be relocated from the Hospital. In addition, the MAB will provide
medical office space to physicians who do not currently practice at South Miami Hospital. The
594 -space parking garage included in this project will provide the parking required for not only
the MAB but also for the three subsequent projects of the Hospital's Planned Unit Development
as well. The garage will be connected to the Hospital's existing North Tower Building to
provide weather controlled patient, visitor and physician access. The bridge /crosswalk
South Miami Hospital PUD Major Change
December 3, 2002
Page 3
connection will be constructed in a manner that will allow for future connectivity to the vertical
expansion of the North Tower. In addition, pedestrian crosswalk connectors will be provided
between three floors of the proposed garage and Medical Arts Building and at ground level.
Project Two: Pavilion Building Clinical Expansion
Project Two adds 88,560 square feet to the Hospital's campus through a two -story westward
clinical expansion to the existing Pavilion Building (originally built in 1971). The purpose of
this project is to correct existing deficiencies, expand clinical capacity and to improve the
hospital's ability to adopt new technologies and clinical trends. Key components of the Clinical
Expansion include renovation, modernization and expansion of the following services:
Emergency ,Department, Inpatient Clinical Imaging, Radiation Oncology, Surgical Services,
Endoscopy, Outpatient Clinic, Dialysis and all required operational and administrative support
needs. This project will also require that existing Oxygen Storage be relocated to the west of its
current location and be appropriately landscaped and screened.
This project provides a much needed expansion to the emergency department, its' circulation,
and access to the existing parking lot west of SW 62nd Place, south of SW 74th Street. This
project will reduce the available off site surface parking by 102 spaces, however, the parking
need required for this project is provided by the new parking garage constructed in Project One.
Surface parking for patient and visitors adjacent to the Emergency Department will continue to
be provided. It is estimated that Project Two will be under construction from 2005 to 2008.
Project Three: North Tower Vertical Expansion
This project includes a 90,028 square foot four -story vertical expansion (85 feet tall) to the
existing three -story North Tower Building. As a result, floors 4 -7 will be added to the North
Tower. The purpose of this expansion is to provide new patient bed accommodations to replace
the outdated patient rooms currently located in the East Tower, most of which are in a semi-
private (two beds in one room) configuration, which also has a bridge connection to the main
hospital on only two of seven levels. This expansion will not increase the number of licensed
beds at South Miami Hospital, but rather, replace existing inpatient rooms with modern private
rooms in closer proximity to the core of the hospital's services.
The resultant parking demand of 64 spaces generated by Project Three will be covered by the
parking garage constructed in Project One. The pedestrian bridge crosswalk between the North
Tower and the parking garage from Project One will be connected to the expansion on the fourth
floor, with additional vertical connections possible through elevators /stair tower. It is estimated
that Project Three will be in construction from 2009 to 2012.
Project Four: Pavilion Building Patient Floors West Expansion
Project Four consists of a 45,000 square foot westward vertical expansion to the existing
Pavilion Building's floors 3 through 7. No additional beds will be added to the hospital's
license. The intent is to provide enough square footage so the existing patient rooms
(approximately 27 rooms /floor, 135 rooms in total) can be "right sized" to meet current state and
federal regulations and provide increased patient and employee satisfaction.
South Miami Hospital PUD Major Change
December 3, 2002
Page 4
The Pavilion Building was constructed in 1971, and as a result, patient rooms today are very
tight and do not meet current standards. Because Project Four does not add any net expanded
clinical capacity, but appropriately sizes existing rooms, no additional parking demand will be
generated by this particular project. It is estimated that this project will be in construction from
2013 to 2016.
STAFF ANALYSIS
The issues involving this application include building intensity, parking, and impact on the
surrounding properties.
Building Intensity
The South Miami Hospital Campus is currently approved for a total building area of 1,175,109
square feet.
Currently, existing and approved buildings total 1,132,401 square feet in area. The Hospital has
an additional permitted building area of 42,708 square feet. The applicant is now seeking to
expand the permitted square footage to accommodate the proposed expansion as detailed above.
The combined square footage of the proposed additions totals 559,360 square feet, and would
bring the Hospital up to an approved total permitted building area of 1,691,761 square feet.
Parking
The applicant has provided a parking study, indicating that all of the proposed expansion is to be
accommodated by adequate parking within the parking garage facilities. There will be an
increase in the number of off - street parking spaces from the existing 1,984 parking spaces to
2,392 net new off - street parking spaces. This will be accomplished by the construction of a 594
space parking garage adjacent to the new Medical Arts Building. Medical office buildings are
required to provide one space per every 200 square feet. Thus, the proposed 104,000 square foot
office building would require 520 of the 594 parking spaces (72,000 sq. ft./ 200 sq. ft. per space).
Parking requirements for the other phases of the proposed expansion are to be accommodated
within the garage as well.
Traffic
The applicant has commissioned a traffic study of the impact of the proposed expansion on the
surrounding regional roadway network. This indicates that while the proposed expansion will
have an impact on roadway traffic, it will not reduce the level of service for roadways and
intersections currently or projected to operate above capacity to an unacceptable level.
One intersection remains of concern. The Sunset Drive /SW 62 Avenue intersection is projected
to be operating below capacity at Level of Service "F" by the Year 2015, either with, or without
the proposed hospital expansion. Therefore, the hospital shall be required to implement a
solution that will help to alleviate traffic congestion in the area.
The plans for the hospital expansion include a new traffic signal at the main entrance to the
hospital at SW 62nd Avenue and SW 73rd Street. This proposed traffic signal, and accompanying
striping and lane configuration, is to be paid for by the applicant. Additionally, the applicant
shall be required to pay for a portion of the reconfiguration of the Sunset Drive /SW 62 Avenue
South Miami Hospital PUD Major Change
December 3, 2002
Page 5
intersection. Currently, FDOT is reconfiguring the eastbound Sunset Drive to create two left -
hand turn lanes going northbound onto SW 62nd Avenue. The applicant will be required to pay
for the configuration of the northbound SW 62nd Avenue, to create two westbound left -hand turn
lanes going onto westbound Sunset Drive. The applicant has agreed to these conditions.
Another aspect of the traffic impacts of the hospital expansion is that significant cut - through
traffic through the Manor Lane area is that expected to be generated. The City has undertaken
the first phase of the Manor Lane traffic calming initiative by installing no -turn signs at selected
intersections on the perimeter of the neighborhood. The applicant has agreed to help further the
traffic calming project by donating a portion of the funds necessary to implement the proposed
traffic calming features adjacent to the hospital campus.
The two proposed features closest to the hospital campus are a landscaped traffic circle at the
intersection of SW 63rd Avenue and SW 74th Street, and a landscaped traffic island at the bend of
SW 63rd Avenue /Manor Lane. The estimated cost of these two traffic calming features is
approximately $40,000.
Impact on Surrounding Properties
The proposed seven -story medical office building of Project One, as well as the resulting seven
story buildings of Projects Three and Four are all less than 85 feet tall. The structures would not
negatively affect the surrounding properties because the properties to the north, east, and west
are zoned MU -5, a subdesignation of TODD, which allows eight -story development to 100 feet
in height; and, the Hospital is bordered to the south by South Dixie Highway.
It is important to note that no new development is permitted in the strip of property roughly lying
to the west of the South Garage (where" the Victor E. Clarke Education Center is located).
Therefore, there should be no negative impact on the Manor Lane residential neighborhood to
the west of the hospital.
The 7 -story medical office building addition will not be classified as "hospital" use. Therefore, it
will not be property tax exempt.
COMPREHENSIVE PLAN
The requested changes to a Planned Unit Development do not conflict with the adopted
Comprehensive Plan of the City of South Miami.
ERPB REVIEW
The ERPB, at its November 5, 2002 meeting, recommended conceptual approval of the PUD
amendment, with a recommendation that the fagade of the Medical Office Building fronting
Sunset Drive be set back somewhat, in order to facilitate a view of the corner feature. Future
phases of the hospital expansion were recommended for approval. Final EPPB approval would
come after Planning Board and City Commission review of the application.
APPLICABLE REGULATIONS
Land Development Code
• Section 20 - 5.12 (F)(1) -Major Changes in a PUD
South Miami Hospital PUD Major Change
December 3, 2002
Page 6
PLANNING BOARD ACTION
The Planning Board at its November 12, 2002 meeting recommended approval of the PUD -H
modification request with the following conditions:
1) That a landscaping plan be presented to the City Commission for to its approval, of the public right -of -way
surrounding the project;
2) That the applicant be responsible for funding the traffic reconfiguration of northbound SW 62nd Avenue south
of the Sunset Drive intersection;
3) That the applicant be responsible for the intersection improvements, including the traffic signal at the
intersection of SW 73`d Street and SW 62nd Avenue.
4) That the applicant and their traffic consultant review the Manor Lane Traffic Intrusion Study dated February,
2001, approved by the City Commission (Res. No. 32 -01- 11180), and make a presentation to the City
Commission on an appropriate level of Hospital participation in funding the Manor Lane traffic calming
measures.
The motion to approve was made by Ms. Gibson and Seconded by Mr. Illas. The motion was
adopted by a vote of 5 ayes and 0 nays (Mr. Morton and Mr. Mann not present)
RECOMMENDATION
South Miami Hospital's proposal is in keeping with the role and function of a major regional
hospital, and should not put undue stress on the surrounding property or community. Staff
concurs with the conditions recommended by the Planning Board; approval of the South Miami
Hospital!PPUD -H modification application with the following conditions is recommended.
1) That a landscaping plan be presented to the City Commission for to its approval, of the
public right -of -way surrounding the project;
2) That the applicant be responsible for funding the traffic reconfiguration of northbound SW
62nd Avenue south of the Sunset Drive intersection;
3) That the applicant be responsible for the intersection improvements, including the traffic
signal at the intersection of SW 73rd Street and SW 62nd Avenue.
4) That the applicant and their traffic consultant review the Manor Lane Traffic Intrusion Study
dated February, 2001, approved by the City Commission (Res. No. 32 -01- 11180), and make
a presentation to the City Commission on an appropriate level of Hospital participation in
funding the Manor Lane traffic calming measures.
Attachments:
Draft Resolution
LDC Section 20 -5.12 (F)(1) —Major Changes in a PUD
South Miami Hospital PUD- Development Square Footage Chart
Planning Board Minutes 11 -14 -02
Public notices
South Miami Hospital Application Notebook
(includes application ,letter of intent, development plans)
CS/RGUSG YV
WComm Items\20 2 \12- 3- 02 \CM -SMH PUD -H Report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, RELATING TO A REQUEST TO ALLOW FOR THE
EXPANSION OF SOUTH MIAMI HOSPITAL AS PERMITTED BY
PROVISIONS SET FORTH IN SECTION 20 -5.12 (F) (1) OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE PERTAINING TO MAJOR
CHANGES TO A PLANNED UNIT DEVELOPMENT PROJECT, FOR
PROPERTY WITHIN A "PUD -H" PLANNED UNIT DEVELOPMENT -
HOSPITAL ZONING DISTRICT, AND MORE SPECIFICALLY LOCATED
AT 6200 SW 73RD STREET; PROVIDING FOR CONDITIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 4, 1985, the City Commission voted to adopt Resolution No. 54 -85 -7019
which granted approval for a South Miami Hospital Planned Use Development- Hospital (PUD -H)
District; and
WHEREAS, said Planned Use Development — Hospital District has been amended from time to
time, by the City Commission; and
WHEREAS, pursuant to Section 20 -5.12 (F) of the South Miami Land Development Code
entitled "Changes to Final Plans and Reports" under subsection (1) "Major Changes ", a major, change is
defined under subsection (a) as follows:
" Any proposed change which would have the effect of increasing densities or redi'strihuting
square footage or altering the height or use of a development is a major change "; and
WHEREAS, pursuant to the aforesaid Section 20 -5.12 (F), South Miami Hospital has made
formal application to amend the final plans by the above resolution, as amended from time to time by City
Commission action; and
WHEREAS, on November 5, 2002 the City's Environmental Review and Preservation Board
(ERPB) recommended conceptual approval, with conditions, of the proposed modifications to the South
Miami,Hospital PUD -H; and
WHEREAS, The Planning Board at its November 12, 2002 meeting approved a motion; by a vote
of 5 -0, recommending approval, with conditions, of the proposed modifications to the South Miami
Hospital PUD -H; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendations of the Environmental Review and Preservation Board (ERPB) and the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY. THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Page 1 of 3
I A. Section 1. FINDINGS OF FACT
2
3 1. The recitals in the Whereas clause are incorporated and made part of these findings of
4 fact.
5
6 2. The applicant has proposed modifications to the PUD -H, which will permit the following
7 projects to be constructed:
8
9 (a) Project 1:
10 • A seven -story (104,000 sq ft) Medical Arts Building (MAB) on the corner of SW 72nd
11 Street and SW 62nd Avenue;
12 • A 600 -space parking garage connected to the MAB;
13 • A "bridge" crosswalk connector from the new parking garage to the existing hospital
14 North Tower Building.
15
16 (b) Project 2:
17 • A two -story clinical expansion (88,5000 sq ft) to the existing Pavilion Building;
18 • Renovation of approximately 100,000 sq ft of existing space to accommodate the facility
19 impact of the new construction.
20
21 (c) Project 3:
22 • A four -story vertical expansion (90,000 sq ft) adding four floors to the existing three -
23 story North Tower Building.
24
25 (d) Project 4:
26 • A total of 45,000 sq ft for the five -story horizontal expansion to the existing Pavilion
27 Building.
28
29 3. That the application to amend the South Miami Hospital Planned Unit Development -
30 Hospital District provides specific details of the projects described above in the document
31 entitled " 2002 PUD UPDATE SUBMITTAL: Preliminary Concept Plan (Revised,
32 October 28, 2002) " which is attached hereto and entitled Exhibit `A".
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35 Section 2. CONCLUSIONS OF LAW
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37 1. The application is consistent with the provisions and limitations of the approved
38 Panned Unit Development; and
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40 2. The application is consistent with City's Land Development Code; and
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42 3. The application is consistent with City's adopted Comprehensive Plan.
43
44 Section 3. APPROVAL WITH CONDITIONS
45
46 The application to amend the South Miami Hospital Planned Unit Development- Hospital District
47 as detailed in the document entitled " 2002 PUD UPDATE SUBMITTAL: Preliminary
48 Concept Plan (Revised, October 28, 2002) " which is attached hereto and entitled Exhibit `A ",
49 is hereby approved subject to the following conditions:
50
Page 2 of 3
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1) That a landscaping plan be presented to the City Commission for to its approval, of the public
right -of -way surrounding the project;
2) That the applicant be responsible for funding the traffic reconfiguration of northbound SW 62nd
Avenue south of the Sunset Drive intersection;
3) That the applicant be responsible for the intersection improvements, including the traffic signal at
the intersection of SW 73'd Street and SW 62"d Avenue.
4) That the applicant and their traffic consultant review the Manor Lane Traffic Intrusion Study
dated February, 2001, approved by the City Commission (Res. No. 32 -01- 11180), and make a
presentation to the City Commission on an appropriate level of Hospital participation in funding
the Manor Lane traffic calming measures.
Section 4: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this _, day of , 2002
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Page 3 of 3
Commission Vote:
Mayor Feliu
Vice Mayor Russell
Commissioner Bethel:
Commissioner McCrea
Commissioner Wiscombe:
20 -5.12 Planned unit development approvals.
(F) Changes in Final Plans and Reports.
(1) Major Changes.
(a) Any proposed change which would have the effect of increasing densities or
redistributing square footage or altering the height or use of a development is a
major change.
(b) An applicant for a major change shall schedule a preliminary conference with
the building and zoning department. The department may accept the application,
recommend changes to the application or deny the application.
(c) Upon acceptance, the application shall be further considered at another
preliminary conference with members of the environmental board, a
representative from the department and the applicant.
(d) The application shall then be completed and submitted to the environmental
board for consideration. The environmental board shall submit
recommendations for approval, approval with conditions or denial to the
planning board within seven (7) calendar days of its review.
(e) The planning board shall receive a complete application and the department
shall post and publish public hearing notices. Public hearings shall be held
before both the planning board and city commission.
(f) If the application is approved by the city commission, it shall be submitted to the
environmental board for final aesthetic approval.
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, November 12, 2002
City Commission Chambers
7:30 P.M.
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I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:58 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Call.
Action: Mr. Illas, Acting Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Liddy, Mr. Mann, Ms. Gibson, Mr.
Comendeiro, Mr. Illas and Ms. Yates.
Board members absent: Mr. Morton.
City staff present: Richard G. Lorber (Planning Director), Sandy Youkilis, (Planning
Consultant), Brian Edney (Video Technician), and Maria M. Menendez (Board Secretary).
III.
A) PB -02 -016
Applicant: Epiphany South Miami 602A Enterprises L.L.C.
Location; 5900 SW 84th Street
Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW
FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY
PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI
LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAML DADE
COUNTY CODE PERTAINING TO WAIVER OF PLAT, FOR PROPERTY
WITHIN AN RS -3 "LOW DENSITY RESIDENTIAL ZONING DISTRICT"
AND MORE SPECIFICALLY LOCATED AT 5900 SW 84th STREET, SOUTH
MIAMI, FLORIDA; PROVIDING FOR A LEGAL DESCRIPTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Action: Mr. Lorber explained that the applicant had requested a deferral so that
additional materials could be submitted, and to allow time to meet with residents in the
Planning Board Meeting
November 12, 2002
Page 2 of 5
area. Mr. Lorber also explained that a deferral notice had been sent to the surrounding
property owners. Mr. Youkilis noted that the deferral was for a maximum of ninety days
and that the applicant will be responsible for any additional costs related to re- notification
and advertisement. The Board accepted the deferral request.
III. Public Hearing (Mr. Illas swore in speakers)
B) PB -02 -017
Applicant: -South Miami Hospital
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST TO ALLOW FOR
THE EXPANSION OF SOUTH MIAMI HOSPITAL AS PERMITTED BY
PROVISIONS SET FORTH IN SECTION 20 -5.12 (F) (1) OF THE SOUTH
MIAMI LAND DEVELOPMENT CODE PERTAINING TO MAJOR
CHANGES TO A PLANNED UNIT DEVELOPMENT PROJECT, FOR
PROPERTY WITHIN A "PUD -H" PLANNED UNIT DEVELOPMENT-
HOSPITAL ZONING DISTRICT, AND MORE SPECIFICALLY LOCATED
AT 6200 SW 73RD STREET; AND PROVIDING FOR AN EFFECTIVE
DATE.
Applicants
Present: Joseph Goldstein, Chris Squires, Wayne Brackin, Andrew Dolkart, David
Kopalco. (Representing South Miami Hospital)
Action: Ms. Yates read the request into record and Mr. Lorber explained the
administrative phases of the project in relation to the City's requirements. The
Environmental and Review Board (ERPB), at its November 5, 2002 meeting,
recommended conceptual approval of the PUD expansion, recommending that the facade
of the Medical Office Building (Project One) at Sunset Drive be set back further in order to
enhance the view of the corner feature. After the Planning Board and City Commission
reviews of the application, the project will be brought back to the ERPB for final approval.
As presented by the applicants, the South Miami Hospital (SMH) is a non - profit
organization, originally built in 1959, which has undergone several modifications through
the years. The main changes since 1985 have been the Manor Lane Park, the North Tour
and garage expansion. The main goal of the project is to upgrade and renovate major
clinical areas, improve patient, employee and physician satisfaction through improved
delivery of quality care.
The proposed changes have been grouped into four major projects as follows:
Project 1:
• A seven -story (104,000 sq ft) Medical Arts Building (MAB) on the corner of
SW 72nd Street and SW 62nd Avenue;
Planning Board Meeting
November 12, 2002
Page 3 of 5
• A 600 -space parking garage connected to the MAB;
• A "bridge" crosswalk connector from the new parking garage to the existing
hospital North Tower Building.
Project 2:
• A two -story clinical expansion (88,5000 sq ft) to the existing Pavilion Building;
• Renovation of approximately 100,000 sq ft of existing space to accommodate
the facility impact of the new construction.
Project 3:
• A four - story vertical expansion (90,000 sq ft) adding four floors to the existing
three -story North Tower Building.
Project 4
A total of 45,000 sq ft for the five -story horizontal expansion to the existing
Pavilion Building.
The Board, staff and the applicants discussed the project. The Board had questions mainly
relating to the traffic impact on the area.
The applicant submitted a Traffic Impact Analysis conducted by Kimley -Horn and
Associates, based on projections for the year 2015, to determine the impact of the
Hospital's expansion on the area. All immediate intersections to the Hospital were
included in the study, with the findings that most intersections that currently operate at an
acceptable level of service will operate at acceptable level of service in 2015, with some
exceptions, mainly the US1 /SW 62nd Avenue intersection and the Sunset Drive /SW 62nd
Avenue intersection. Staff recommended that the hospital should work with the City of
South Miami on solutions which would alleviate traffic congestion in the area.
Reconfiguration of the Sunset Drive /SW 62nd Avenue intersection is currently underway
and could be, expanded. Significant cut- through traffic through the Manor Lane area is to
be generated, therefore, funding of traffic calming measures in this area should be
considered.
The Economic Report submitted by the applicant and conducted by Miami Economic
Associates, Inc. indicated that even though the SMH is a non - profit organization and does
not pay ad valorem taxes to the City, the SMH is the key factor for the concentration of
medical office space surrounding the Hospital. These medical office buildings which
surround the SMH do pay ad valorem taxes totaling approximately $229,000 a year. The
report noted that the Hospital will contribute $300,000 to the City this year as a payment in
lieu of taxes.
It was also noted that the seven -story medical office building addition will not be classified
as "hospital" use, therefore, it will not be property tax exempt.
In response to the Board's question on whether the proposed PUD expansion would be
subject to review by the State, the applicant explained that the proposed expansion is
Planning Board Meeting
November 12, 2002
Page 4 of 5
below Developments of Regional Impact (DRI) threshold levels. Only those expansions
of over 600 beds are reviewed by the State. The proposed SMH expansion does not
expand the number of beds which remain at less that 500 beds.
Another issue of concern by the Board was street beautification and traffic calming
measures, particularly on Manor Lane.
Public
Speakers: Yvonne Beckman and David Tucker Sr.
The following were some of the issues raised by the public: The need for expansion to the
Hospital was questioned, since the population of the City has remained at a constant of
approximately 10,000 residents; they also questioned the need for additional doctor's
office space since there seem to be enough vacant office space at the present time; that the
Hospital should be responsible for beautification of the surrounding streets; they also
expressed concern with possible increase in noise; and, suggestions to introduce
transportation facilities, to and from the Hospital, in order to alleviate traffic congestion.
Motion: Ms. Gibson moved to.approve the application and Mr. Illas seconded it.
Modified Motion: Mr. Illas added the following conditions to the above motion:
1) That a landscaping plan be presented to the City Commission for to its approval, of the
public right -of -way surrounding the project;
2) That the applicant be responsible for funding the traffic reconfiguration of northbound
SW 62nd Avenue south of the Sunset Drive intersection;
3) That the applicant be responsible for the intersection improvements, including the
traffic signal at the intersection of SW 73rd Street and SW 62" d Avenue.
4) That the applicant and their traffic consultant review the Manor Lane Traffic Intrusion
Study dated February, 2001, approved by the City Commission (Res. No. 32-01 -
11180), and make a presentation to the City Commission on an appropriate level of
Hospital participation in funding the Manor Lane traffic calming measures.
Vote: Ayes 5 Nays 0 (Mr. Mann left the meeting prior to the motion)
IV. Approval of Minutes
Action: The Board duly voted on and approved the minutes of October 29, 2002.
Vote: Ayes 5 Nays 0
Planning Board Meeting
November 12, 2002
Page 5 of S
V. Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at 10:15 PM.
RGL /mmm
\\MCGRUFF\PLANNING\PB\PB Minutes\2002 Minutes \MNS 11- 12- 02.doc
CITY OF SOUTH MIAMI SouthM�aini
NOTICE OF PUBLIC HEARING i
2001
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct a Public.Hearing during its regular City Commission meeting
on Tuesday, December 3, 2002, beginning at 7:30 p.m., in the City Commission
Chambers, 6130 Sunset Drive, to consider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -5.12 (F)(1) OF THE, ,LAND DEVELOPMENT CODE, FOR
APPROVAL OF A MAJOR ,'CHANGE TO A PLANNED UNIT
DEVELOPMENT (PUD), FOR THE EXPANSION OF SOUTH MIAMI
HOSPITAL, LOCATED WITHIN THE "PUD -H" PLANNED UNIT
DEVELOPMENT - HOSPITAL ZONING DISTRICT, AND MORE
SPECIFICALLY LOCATED AT 6200 73RD STREET, PROVIDING FOR
AN EFFECTIVE DATE.
Inquiries concerning this item should be directed to the Planning
Department at 305 -.663 -6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CIVIC
City Clerk
City,of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision
made by this Board, Agency .or Commission with respect-to any matter considered at Its meeting or hearing; he or she will
e
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Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date• November 25 2002
and City Commission
From: Charles Scurr
City Manager
REQUEST
Re: Agenda Item 10
Commission Meeting 12/03/2002
Authorization to the purchase of software
and hardware from Advanced Public Safety
Inc.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION .OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT
TO EXCEED $35,641 TO ADVANCED PUBLIC SAFETY FOR THE POLICE
DEPARTMENT. FUNDS TO BE DISBURSED FROM ACCOUNT NUMBER 615- 1910 -521-
6430 FEDERAL FORFEITURE (OPERATING EQUIPMENT). ADVANCED PUBLIC
SAFETY INC, WILL BE A SOLE SOURCE SUPPORT AND SERVICES PROVIDER FOR
THIS PROJECT.
BACKGROUND AND ANALYSIS
New technology is constantly being developed to assist law enforcement officers and to combat
the criminal element. New methods are being used to make enforcing the law more efficient,
accurate and safe. Advanced Public Safety's Virtual Partner software package is the only one of
its kind and the latest in law enforcement software which assists officers in locating law
violators. An extensive search of law enforcement software vendors such as USA Software Inc.,
Open Software Solutions Inc., and New World Systems, these vendors could not provide a
working system. Delray Beach and Aventura Police Department recommend Advanced Public
Safety as a sole vendor that could provide South Miami Police with a working and proven
system.
The Virtual Partner Voice Response moves the information from NCIC/FCIC and relays it to the
officer by verbal feedback. Voice Response gathers the results and provides the 'officer with
specific information, such as tag status, driver's license status, insurance information, color,
make, and style of the vehicle. A human voice informs the officer of valid warrants and specific
details about that warrant. All of this occurs without the officer having to focus on the computer
screen Using our current technology offices can digitally gather information on t he c ar a nd
driver. The information that is gathered from FCIC/NCIC can be a long hard to read file of text.
The officer will sometime have to read through pages of information. The Virtual Partner Voice
Response analyzes then verbally reads back only the vital information.
The Virtual Partner Products provides law enforcement officers with the instrument needed to
increase productivity and reduce the amount of time with the violator. The QuickTicket
automatically completes the Uniform Traffic Citation form using information returned from
NCIC (National Crime Information Center) and FCIC (Florida Crime Information Center).
Statues are provided through a drop down menu for accuracy. Citations are printed on the Florida
State Uniform Traffic Citation form. By the form being printed it eliminates errors, and provides
an accurate and readable ticket on all copies. QuickTicket has been proven to increase the
number of citations issued, thereby increasing the amount of revenue for the law enforcement
agency. All citation can be printed on Epson receipt printers. Printers will be mounted and
secured in the police vehicles. With the citation form being electronically filled out, it resolves
some safety issues that can arise. The officer spends more time focusing on the violator and less
time filling out a form. Information about the registered owner of the vehicle, including
outstanding warrants is provided to the officer.
Advanced Public Safety is the only company which can verbally announce the results of tag and
registration queries using pre recorded wave files. Additionally there is no other product on the
market that can auto populate and print the Florida Uniform Traffic Citations form.
Advanced Public Safety will provide installation, project management and maintenance for the
software. A copy of the annual support and maintenance agreement is included in the packet.
Funding for this project will come from the following source:
615- 1910 -521 -6430 $35,641
(Federal Forfeiture/ Operating Equipment)
Current Balance $ 91,131
Purchase Amount 35,641
New Balance $ 55,490
RECOMMENDATION
Approval is recommended.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $35,641 TO
ADVANCED PUBLIC SAFETY, INC, FOR THE PURCHASE OF
VIRTUAL PARTNER VOICE RESPONSE AND QUICKTICKET FOR
THE POLICE DEPARTMENT. FUNDS TO BE DISBURSED FROM
ACCOUNT NUMBER 615-1910-521-6420 FEDERAL FORFEITURE
(OPERATING EQUIPMENT).
Vd-IEREAS, Through and extensive search, Advance Public Safety will be a sole source
vendor for the project, per references from Aventura, Delray Police Department and others.
WHEREAS, South Miami Police Department will purchase the Virtual Partner's Voice
Response and QuickTicket software. Purchase Will also include Epson receipt printer with
accessories.
WHEREAS, APS will provide project management installation and maintenance for
software.
WHEREAE, Advanced Public Safety is will be a sole source vendor for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH M[AW, ]FLORIDA:
Section 1. That the City Manager is authorized to disburse a sum not to exceed the
amount of $35,640.50 to Advanced Public Safety Inc., from the following accounts:
615-1910-521-6430 (Federal Forfeiture) $35,641
Section 2. That this resolution be effective immediately after the adoption hereof.
PASSED AND ADOPTED this _ day of 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM NOT TO EXCEED $35,641 TO
ADVANCED PUBLIC- SAFETY, INC, FOR THE PURCHASE OF
VIRTUAL PARTNER VOICE 'RESPONSE AND QUICKTICRET FOR
THE POLICE DEPARTMENT. FUNDS TO BE DISBURSED FROM
ACCOUNT NUMBER 615- 1910 - 521 -6420 FEDERAL FORFEITURE
(OPERATING EQUIPMENT).
WHEREAS, Through and extensive search, Advance Public Safety will be a sole source
vendor for the project, per references from Aventura, Delray Police Department and others.
WHEREAS, South Miami Police Department will purchase the Virtual Partner's Voice
Response and +QuickTicket software. Purchase will also include Epson receipt printer with
accessories.
WHEREAS, APS will provide project management installation and maintenance for
software.
WHEREAE, Advanced Public Safety is will be a sole source vendor for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Manager is authorized to disburse a sum not to exceed the
amount of $35,640.50 to Advanced Public Safety Inc., from the following accounts:
615 - 1910 - 521 -6430 (Federal Forfeiture) $35,641
Section 2. That this resolution be effective immediately after the adoption hereof.
PASSED AND ADOPTED this _ day of , 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
'ilia
R
�
48
49
50
51 Excellence, Integrity, Inclusion
52
53 MEMORANDUM
54
55 To: Honorable Mayor, Vice Mayor Date: November 25, 2002
56 and City Commission
57
58 From: Charles Scurr Re: Agenda Item
59 City Manager Commission Meeting 12/03/2002
60 Authorization to the purchase of software
61 and hardware from Advanced Public Safety
62 Inc.
63
64
65 REQUEST
66
67 A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH
68 MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM
69 NOT TO EXCEED $35,641 TO ADVANCED PUBLIC SAFETY FOR THE POLICE
70 DEPARTMENT. FUNDS TO BE DISBURSED FROM ACCOUNT NUMBER 615- 1910 -521-
71 6420 FEDERAL FORFEITURE (OPERATING EQUIPMENT). ADVANCED PUBLIC
72 SAFETY INC, WILL BE A SOLE SOURCE SUPPORT AND SERVICES PROVIDER FOR
73 THIS PROTECT.
74
75
76 BACKGROUND AND ANALYSIS
77
78 New technology is constantly being developed to assist law enforcement officers and to combat
79 the criminal element. New methods are being used to make enforcing the law more efficient and
$0 accurate. Advanced Public Safety's Virtual Partner software package is the only one of it kind and
81 the latest in law enforcement software which assists officers in locating law viola_ tors.
82
83 The Virtual Partner Voice Response moves the information from NCIC/FCIC and relays it to the
84 officer by verbal feedback. Voice Response gathers the results and provides the officer with
85 specific information, such as tag status, driver's license status, insurance information, color, make,
86 and style of the vehicle. A human voice informs the officer of valid warrants and specific details
87 about that warrant. All of this occurs without the officer having to focus on the computer screen.
88 Using our current technology offices can digitally gather information on the car and driver. The
89 information that is gathered from FCIC/NCIC can be a long hard to read file of text. The officer
90 will sometime have to read through pages of information. The Virtual Partner Voice Response
91 analyzes then verbally reads back only the vital information.
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The Virtual Partner Products provides law enforcement officers with the instrument needed to
increase productivity and reduce the amount of time with the violator. The QuickTicket
automatically completes the Uniform Traffic Citation form using information returned from NCIC
(National Crime Information Center) and FCIC (Florida Crime information Center). Statues are
provided through a drop down menu for accuracy. Citations are printed on the Florida State
Uniform Traffic Citation form. By the form being printed it eliminates errors, and provides an
accurate and readable ticket on all copies. QuickTicket has been proven to increase the number of
citations issued, thereby increasing the amount of revenue for the law enforcement agency. All
citation can be printed on Epson receipt printers. 'Printers will be mounted and secured in the
police vehicles. With the citation form being electronically filled out, it resolves some safety issues
that can arise. The officer spends more time focusing on the violator and less time filling out the
form.
Advanced Public Safety is the only company which can verbally announce the results of tag and
registration queries using pre recorded wave files. Additionally there is no other product on the
market that can auto populate and print the Florida Uniform Traffic Citations form.
Advanced Public Safety will provide installation, project management and maintenance for the
software. A copy of the annual support and maintenance agreement is included in the packet.
Funding for this project will come from the following source:
615 - 1910 -521 -6430 $35,641
(Federal Forfeiture/ Operating Equipment)
Current Balance
Purchase Amount
New Balance
RECON[NIENDATION
Approval is recommended.
$ 91,131
35.641
$ 55.490
Automate time consuming tasks and increase officer safety
introducing Virtual Partner'M
The Complete Solution for Police Officers Virtual Partner QuickT!cketT"
The Virtual Partner Family of Products QuickTicket automatically
provides law enforcement officers with the completes the fields in a uniform
technology needed to increase productivity Traffic Citation using the
and reduce contact time with law violators. information returned from NCIC
Designed BY OFFICERS FOR OFFICERS, and motor vehicle queries. WN
Virtual Partner provides real value, not Violations are selected from drop down menus while statute
technology hype. These easy -to -use ' numbers, fines and court dates are automatically entered.
products integrate directly with a department's existing Tickets are printed on standard uniform Traffic Citations.
technology and require minimal training. Each product QuickTicket reduces contact time with law violators,
completes time- consuming activities quickly, safely and eliminates errors, and produces professional, easy -to -read
more accurately. tickets on all copies.
Virtual Partner Voice Response"
== -- Selected information from NCIC and motor u
jh ,Caps
o' COPS
Virtual
Partner QuickCrashT"
QuickCrash imports NCIC and
motor vehicle information
(driver's license, registration and
insurance) from an officer's
laptop directly into state crash
reports. QuickCrash eliminates errors and produces high -
quality, readable accident forms.
Virtual Partner QulckMap TM
QuickMap, designed to eliminate
the necessity for expensive GPS
units, provides 'a map of the
designated call location, or any
other selected location, and visually
displays a "birds -eye" view of the area. Perfect for officers
who need a quick refresher of the call's location or setting up
a perimeter in a high stress situation. QuickMap integrates
directly with most third -party mapping programs, including
Microsoft's MapPoint and Streets & Trips, eliminating the
need for expensive map updates.
QQQ__1
ADVANCED PUBLIC SAFETY
3927 NW 58th Street • Baca Raton, FL 33496 ♦ Phone (561) 989 -3605 • Fax (561) 989 -3665
www.advancedpublicsatety.com
7n
■ a-
November 20`h, 2002,
Brian Edney
South Miami Police Department
6130 Sunset Drive
South Miami, FL 33143
Mr. Edney:
Thank you for the opportunity to introduce the Virtual Partner— family of products. Built by
officers for officers, Virtual Partner was created to increase officer safety and productivity. We
are very excited about this new technology and have received overwhelming positive responses
from the many departments utilizing this product.
Virtual Partner is a software product that enhances your department's existing technology by
working in conjunction with your current software. No rolacement of your present software is
necessary. The Virtual Partner family of products includes the primary Voice Response
application, as well as the optional QuickTicketTM, QuickCrashTM, and +QuickMag- modules.
To the best of our knowledge, Virtual Partner is the only software product on the market today
that verbally announces the results of tag and registration queries using pre - recorded wave (wav)
files. Additionally, we are unaware of any product on the market today that works in conjunction
with your department's software while auto - populating and printing Florida Uniform Traffic
Citations and Crash Reports.
Additionally, the Voice Response product captures the Driver's License number from a
registration inquiry and automatically requests a DL and person's check with a single keystroke.
The verbal responses are designed to provide mission critical information to the officer without
requiring them to look at the computer screen (and away from the suspect vehicle). Furthermore,
the software has been thoroughly tested to avoid any conflicts with existing mobile client
software.
Virtual Partner has also been sole sourced by numerous agencies throughout Florida. They
include the AvenWm Police Department, Boca Raton Police Department, West Palm Beach
Police Department and others.
At Advanced Public Safety we take a great deal of pride in knowing that we are helping make our
police officers' jobs safer and more efficient. We appreciate your recognition of the advantages
that Virtual Partner offers and look forward to working together.
Sincerely,
Jeff Rubenstein
Chief Executive Officer
3927 NW 58th Street • Baca Raton, FL 33496 • Phone (561} 989 -3605 . Fax (561) 989 -3665
www.advancedpublicsafetycom
SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is entered on between
ADVANCED PUBLIC SAFETY, INC. (`UCENSOW'), a Florida corporation, with principal offices located 3927 NW 58t`
Street, Boca Raton, FL 33496 and ("LICENSEE'),
with principal offices located at
ARTICLE L
DEFINITIONS
LL Defined Terms For purposes of this Agreement, the initially capitalized terms in this Section are defined as follows:
(a.) Designated CPUs means any computers issued and used by LICENSEE'S sworn law enforcement officers
or community service officers in the regular performance of their duties.
(b.) Docuumnlatiou means the following information and documents: User's Guide; Reference Guide;
Installation Guide; or any other written materials LICENSOR may provide LICENSEE.
(c.) Licensed Software means the Computer Program and Documentation relating to LICENSOR's Virtual
Partner software application(s) as specified in Section 11.
(d-) Host Software means the Computer Program used by LICENSEE to obtain license plate and registration
information in a vehicle.
ARTICLE H.
RIGHT TO USE LICENSED SOFTWARE
2.1. Furnishing of Licensed Software. Upon execution of this Agreement and LICENSOR's receipt of the initial fee set
forth in Section 5. 1, LICENSOR will deliver the following Licensed Software to LICENSEE.
ARPKC—A-1-i-0u(s) Licenses
2.2. Grant of Right
(a-) LICENSOR grants to LICENSEE a personal, nontransferable, nonexclusive right to install and use the
Licensed Software only on Designated CPUs for internal business purposes.
(b.) Except as expressly permitted under this Agreement, LICENSEE may not permit any third party to use the
Licensed Software nor may LICENSEE use the Licensed Software itself for the benefit of any third party.
23. Third•Patty Software, LICENSEE is responsible for the purchase and installation of any third-party software,
including, but not Hunted to OmmFillere and MapPointe, if required to be used with the Licensed Software.
2.4. Hardware LICENSEE is responsible for the purchase and installation of any hardware, including, but not limited to
printers, cables, and power converters, if required to be used with the Licensed Software.
2.5. Copying. LICENSEE may not decompile, disassemble, reverse engineer, or translate the Licensed Software into
another computer language or otherwise reduce the Licensed Software to a human-perceivable form. Nor may
LICENSEE electronically transfer the Licensed Software
2.6: Ownership The Licensed Software is the LICENSOWs exclusive property. LICENSOR shall have sole and
exclusive ownership of all right, title, and interest in and to the Licensed Software and all modifications and
enhancements thereof (including ownership of-all trade secrets and copyrights pertaining thereto), subject only to the
rights and privileges expressly granted by LICENSOR This Agreement does not provide LICENSEE with title or
ownership of the Licensed Software, but only a right of hunted use LICENSEE must keep the Licensed Software free
and clear of all claims, liens, and encumbnaices,
2.7. Transfer Prohibited LICENSEE may not sell, lease, sublicense or otherwise transfer or dispose of the Licensed
Software, in whole or in part. Without limiting the generality of the foregoing, LICENSEE may not suffer or grant a
security interest in, or hen against, or otherwise encumber the Licensed Software.
ARTICLE IM
LICENSED SOFTWARE ACCEPTANCE
11. Instag"n. The Licensed Software will be installed by LICENSOR on a computer provided by LICENSEE. The
computer shall be the type of computer used by LICENSEE'S intended users of the software and shall contain the same
operating system and software. LICENSEE is responsible for providing a method of access to their system (i.e. CDPD
Aircard, RF, etc.). The date of this installation will be referred to as Certified Date.
3.2. Performance. A performance period of 30 consecutive calendar days of operations shall take place after the Certified
Date and prior to acceptance by LICENSEE. During this 30-day period, the LICENSEE shall utilize the computer
system for its intended purpose (in-service use) to test all operation modes and equipment configuration, with the
system My loaded, to insure that all operational modes function properly and that all application software system
"bugs" have been corrected. The use of the system during this performance test period shall not be interpreted as being
"accepted" by LICENSEE.
33. Successful Operation. Successful operation is defined as the absence of any major software failure in the application
software, which results in the disabling of a major item, resulting in the inability of the overall system to perform.
Minor failures, such as operational problems and adjustment normally encountered during implementation of a new
system, shall not constitute a failure in achieving successful operation.
3.4. Acceptance. If LICENSEE fails to give written notice of non-acceptance to LICENSOR within thirty (30) days after
the Certified Date, the Licensed Software will be deemed accepted by the LICENSOR. If the LICENSEE determines
the Licensed Software does not meet the acceptance criteria within the thirty 30-day acceptance period, per the tenns of
this Agreement the LICENSEE shall provide LICENSOR written notification detailing how the Licensed Software
does not meet the acceptance criteria. If LICENSOR agrees on these items, LICENSOR shall havesixty (60) days to
make the corrections and the acceptance period will restart The acceptance process will be repeated at LICENSER'S
option until the software is accepted. Notwithstanding, if the LICENSOR fails to make the corrections within six (6)
months from the original written notice of non-acceptance, the LICENSEE shall have the right to terminate the
agreement and receive a full refund of the Licensed Software Fee.
ARTICLE N.
ANNUAL MARYMANCE
4.1. Eligibility for Support To be eligible for support, LICENSEE must have a valid Licensed Software Agreement for
the application and be in compliance with the schedule of payments,
4.2. Scope of Services,
(a-) LICENSOR shall be responsible for using all reasonable diligence in correcting verifiable and reproducible
errors when reported in accordance with LICENSOR' s standard reporting procedures.
(b) LICENSOR may, from time to time, issue new releases of the Licensed Software. LICENSOR shall provide
LICENSEE with one (1) copy of each new release without additional charge. LICENSOR shall provide
reasonable assistance to help LICENSEE install and operate each new release, provided that such assistance,
if required to be provided at LICENSEE's facility, shall be subject to supplemental charges set forth in
LICENSOR's then current rate schedule.
(c.) LICENSOR shall use reasonable efforts to modify the Licensed Software to work with upgrades to
LICENSEE'S Host Software.
4.3. Obligations of Customer.
(a.) If an error exists, LICENSEE must provide LICENSOR with information sufficient for LICENSOR to
duplicate the circumstances under which a problem in the Licensed Software became apparent.
(b.) LICENSEE must provide new versions of their Host: Software to LICENSOR prior to deployment so
LICENSOR can determine compatibility. LICENSOR will provide written confirmation of compatibility
within ten (10) business days.
ARTICLE V.
FEES
5.1. Licensed Software Fee The Licensed Software fee is
5.2. Annual Maintenance Fee The Annual Maintenance fee is eighteen percent (18%) of the Licensed Software Fee.
5.3. Payment Tema Upon the execution of tins Agreement, LICENSEE must pay LICENSOR eighty percent (80%) of
the Licensed Software fee The remaining twenty percent (2C%) of the Licensed Software fee is due and payable when
the Licensed Software is accepted as defined in Article III. The Annual Maintenance fee begins from the date of
acceptance and is due within 30 days from invoice. LICENSOR will prorate the first payment so all subsequent
payments will coincide with LICENSEE's fiscal year. LICENSEE also agrees that all hardware purchases are due and
payable within 30 days from delivery of hardware to LICENSEE. hi the event that hardware is received in separate
deliveries, partial payments will be made by LICENSOR within 30 days of each delivery.
5.4. Taxes. Fees specified in this Agreement do not include taxes. LICENSEE is tax exempt and will provide
LICENSOR with a copy of their tax-exempt certificate within 10 days from the execution of this Agreement.
5.5. Rehwb&rsement of Fxpensex LICENSEE agrees to reimburse LICENSOR for all travel, living, any out of pocket
expenses, and per them expenses incurred by LICENSOR personnel in conjunction with the training, installation, and
support of the Licensed Software. LICENSEE agrees to pay all miscellaneous charges, incurred by LICENSOR on
behalf of the Customer and billed by LICENSOR to the Customer, no later than thirty (30 days) after LICENSOR'S
invoice date. Travel expenses are defined as airfare and rental car or mileage at 32 cents per mile, if personal -vehicle is
used and hotel expenses. Per them expenses are defined as $75 per day per person that include meals and related travel
time.
6.1. Termination far Breach If LICENSEE breaches any of its obligations under this Agreement, LICENSOR may, in
addition to any other remedies that it may have, immediately terminate this Agreement Upon such termination,
LICENSEE must destroy all copies of Licensed Software in its possession (such destruction includes, without
limitation, deleting all copies installed on Designated CPU's) and certify such destruction in writing to LICENSOR
within thirty (30) days. In the event of termination, LICENSOR has no obligation to refund any amounts paid it
pursuant to Article V.
ARTICLE VII.
WARRANTIES
7.1. Limned Wwranties.
(a.) LICENSOR wan ants that the Licensed Software conforms in all material respects to the specifications for the
current version of the Licensed Software as described in LICENSOR product specifications as of this date.
This warranty is expressly conditioned on Customer's observance of proper operating, security, and data-
control procedures set forth in the User's Manual(s) included with the Licensed Software. LICENSOR is not
responsible for obsolescence of the Licensed Software that may result from changes in LICENSEE'S
requirements, including new software packages and/or operating systems used by LICENSEE. The
foregoing warranty shall apply only to the most current version of the Licensed Software issued by
LICENSOR from time to time. LICENSOR assumes no responsibility for the use of superseded, outdated, or
uncorrected versions of the Licensed Software.
(b.) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, LICENSOR DISCLAIMS ALL
OTHER WARRANTIES—EITHER EXPRESS OR RVIPLIED—INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, IF
APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE LICENSED
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE
DELIVERY DATE OF THE LICENSED SOFTWARE. WNHOUT LIMITING THE GENERALITY OF
THE FOREGOING, LICENSOR MAKES NO WARRANTY OR REPRESENTATION OF ANY NATURE
THAT THE LICENSEE'S USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR
FREE, OR SECURE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR,
ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY OR IN ANY
WAY INCREASES THE SCOPE OF THIS WARRANTY SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
LICENSEE. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
7.2. Exclusive Remedy. LICENSEE's exclusive remedy under Section 7.1 is to return the Licensed Software to
LICENSOR, with a copy of its receipt and a description of the problem. LICENSOR, at its option, will exercise
reasonable commercial efforts to correct the problem or supply LICENSEE with a replacement copy of the Licensed
Software that substantially conforms to the Documentation, provide a replacement for defective media, or refund
LICENSEE's purchase price for the Licensed Software, at LICENSOR'S sole option If the Licensed Software has
been altered by any party (excluding by LICENSOR) in any way, the media has been damaged by accident abuse or
misapplication, or the failure arises out of use of the Licensed Software with other than a recommended hardware
configuration, LICENSOR has no liability of any nature under this Agreement
73. Limitation of Damages.
(a.) LICENSOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b.) LICENSOR'S TOTAL LIABILITY TO LICENSEE FOR ACTUAL DAMAGES FROM ANY CAUSE
WHATSOEVER IS LIMITED TO THE AMOUNT PAID BY LICENSEE FOR THE LICENSED
SOFTWARE THAT CAUSED SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO LICENSEE.
(d.) TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS OF
DAMAGES DO NOT APPLY TO DAMAGES FOR PERSONAL INJURY TO LICENSEE, IF ANY.
(e.) THE CUMULATIVE, LIABILITY OF LICENSOR TO LICENSEE FOR ALL CLAIMS RELATED TO
THE LICENSED SOFTWARE AND THIS AGREEMENT, INCLUDING ANY CAUSE OF ACTION
SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL
AMOUNT OF ALL FEES PAID TO LICENSOR HEREUNDER.
7.4. Basis of Bargain The limited warranty, exclusive remedies, and limited liability set forth above in this ARTICLE
V11. are fundamental elements of the basis of the agreement between LICENSOR and LICENSEE. Without such
limitations, LICENSOR would not be able to provide the Licensed Software on an economic basis.
ARTICLE VI[IL
TYUSCELLANEOUS PROVISIONS
8.1. Escrow. Both parties agree to establish an escrow agreement with an independent third party agent within 90 days of
the execution of this contract Release of the source code will only be provided upon the occurrence of specifically
described events, (i) LICENSOR going out of business, (A) LICENSER'S breach of a contractual obligation to provide
maintenance and support, after 30 days notice and failure to cure, or (iii) LICENSOR'S bankruptcy. The source code
will be available 30 days after filing a petition of bankruptcy or notification of discontinuing business. The source code
will be released to the LICENSEE limited to the use of continuing to maintain and support the software and may not be
transferred or sold.
4
81. Cogfd(ledddi(itrt►.
r
(a.) Subject to Florida Public Records. Law, LICENSEE must hold all components of the Licensed Software in
confidence for LICENSOR. Except to such of LICENSEE's employees to whom disclosure is necessary to
use the Licensed Software as contemplated under this Agreement, LICENSEE must not disclose Licensed
Software (including methods or concepts utilized therein) to anyone.
(b.) LICENSEE must appropriately notify all employees to whom any such disclosure is made that such
disclosure is made in confidence and must be kept in confidence by them.
8.3. Trademarks. Nothing contained in this Agreement grants LICENSEE any license or right to use any name, trade
name, trademark, service mark, symbol or any other identification, or any colorable imitation thereof, belonging to or
used or adopted by LICENSOR. Nor may LICENSEE represent, directly or indirectly, that any of its products or
services is a product or service of LICENSOR or any of its affiliates or is made in accordance with or uses any
information of documentation of LICENSOR or any of its affiliates.
8.4. No Further Obligations Nothing in this Agreement obligates LICENSOR, or any of its affiliates, to furnish any
person, including LICENSEE, any assistance of any kind whatsoever, or any information or documentation other than
LICENSER SOFTWARE.
8,5. Sudements On LICENSOR's request, but not more frequently than annually, LICENSEE must furnish to
LICENSOR a statement, certified by an authorized representative of LICENSEE, that LICENSEE's use of Licensed
Software has been reviewed and that it is being used solely on Designated CPUs only for LICENSEE's internal
business purposes in full compliance with the provisions of this Agreement.
8.6. Nonassignab lity. The parties have entered this Agreement contemplating personal performance by LICENSEE.
Consequently, the rights granted LICENSEE hereunder do not extend to entities or persons other than those expressly
referred to herein.
8.7. Entire Agreement This Agreement represents the entire understanding and agreement between the parties with
respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations, if any,
made by and between the parties. No representations, inducements, promises or agreements, oral or otherwise, if any,
not embodied herein is of any force and effect
8.8. Amendments The provisions of this Agreement may be amended, supplemented, waived or changed only by a
written document signed by both parties.
8.9. Surma All covenants, agreements, representations and warranties made in this Agreement continue in full force
and effect subsequent to and notwithstanding the Agreement's termination and until they are satisfied or by their nature
expire.
8.10. Bindbig Effect All of the terms of this Agreement, whether so expressed or not, are binding upon, inure to the
benefit of, and are enforceable by the parties and their respective personal representatives, legal representatives, heirs,
successors and permitted assigns.
8.11. Notices All notices, requests, demands, consents and other communications required or permitted under this
Agreement must be in writing and must be (as elected by the person giving such notice) hand delivered by messenger
or courier service, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt
requested, addressed to the appropriate party at its address set forth above or to such other address as that party may
designate by notice complying with the tears of this Section. Each such notice is deemed delivered: (a) on the date
delivered if by personal delivery; or (b) on the date upon which the return receipt is signed or delivery is refused or the
notice is designated by the postal authorities or courier service as not deliverable, as the case may be, if mailed or
couriered
8.12. Counterparts This Agreement may be executed in one or more counterparts, each of which is an original, but all of
which together constitute one and the same instrument. Confirmation of execution by facsimile signature page is
binding upon any party so confirmiag. I
8.13. Governing Law. This Agreement and all transactions contemplated by this Agreement are governed by, and must be
construed and enforced in accordance with, the internal laws of the State of Florida without regard to conflicts-of-law
principles. Venue shall be in Palm Beach County, Florida.
IN WITNESS WBEREOF, the parties have executed and delivered this Agreement on the date set forth above.
LICENSOR LICENSEE
ADVANCED PUBLIC SAFETY, INC
Company Nave
By: By: _
Mht Nme.- JEFFREYD. RUBENSTEIN Print Name:
Its: CHIEF EXECUTIVE OFFICER Its:
6
Posted on Thu
N1 flT;_1%jj
, I til
Page I of I
A computer program that reads crucial information for you in a clear human voice, that
automatically completes paperwork you once filled out by hand, that nearly triples your
productivity with a few keystrokes. A program that all but eliminates the drudgery of writing
tickets and traffic reports. It's a computer program Aventura police can't say enough good
things about. Last year, Aventura became the first department in Miami-Dade County to use the
Virtual Partner, a report-writing software program and printer designed by a police officer in
Delray Beach to act as a second officer in a patrol car.
"It's an incredible piece of technology," Police Chief Thomas E. Ribel said.
"It's absolutely the most time-efficient computer system I've ever used in my entire life," Sgt.
B.I. Cummins said.
"It's just an awesome program," agreed Officer Tom Labombarda, who coordinates new
technology for the Aventura department. ' ' Every police officer should have it."
"It's so unbelievable, what they make officers go through," said Jeff Rubenstein, a part-time
volunteer officer at Delray Beach and founder of Advanced Public Safety, the company that
makes the Virtual Partner. ' ' Imagine trying to a read a laptop in mid-day glare while driving."
With the Virtual Partner, after an officer calls in a license plate, the program reads out the car's
make and model and says whether the tag is expired or the car has been reported stolen. Given
a license plate and a driver's license number, the program automatically fills out and prints a
citation. The Virtual Partner has increased ticket-writing productivity in Aventura by 250 percent
over the first two months of 2002 -- increasing the per-officer average from 25 tickets to 63
tickets. In January and February, the 13 Aventura patrol officers with the Virtual Partner
program and printer wrote 820 tickets. The remaining 38 patrol officers wrote 959 tickets.
The software costs several hundred dollars per officer, depending on the size of the department
and the functions the department chooses. But police say the best selling point is safety. Injury
statistics consistently show that traffic stops rank with domestic disturbances as the most
dangerous types of police contact with the public. "In traffic stops, drivers get agitated, officers
let their guard down," Rubenstein said. ' ' With this, officers get more information before they
stop vehicle and they can keep a heightened sense of awareness going because they're able to
clear the traffic stop quicker."
Rubenstein said 25 agencies in Florida are using or testing the Virtual Partner, including the
Broward County Sheriff's Office, and departments in South Miami, Boca Raton, Margate, Coconut
Creek and West Palm Beach.
http://64.70.236.213/neNvs/Miaiiii%2OHerald.litm 11/26/2002
Speeding up police traffic stops
Jeff Rubenstein has helped develop a software
system for patrol cam thafs faster and safer for
police officers patrolling the streets.
Speed-1 .p- un,
6 _P
police ttraffi-c
Sto'r')
p
New voice reader software
helps officers on the beat
By Lisa Nappli
MSNBC CONTRIBUTOR
MSNBC — Jeff Rubenstein could have taken the
money and run, when the'dot-com,lhe led was
sold a few years back. But semi-retirement
didn't suit him, and he found himself following
his bliss: doing more shifts as a volunteer police
officer. And because of his restlessness, cops
around the country may be a little safer — and
crime-fighting, more efficient.
911 COMP LIETE STORY 71
TBE STORY BEGINS in south Florida, where
Rubenstein, now 31, is trained as an auxiliary cop. An
attorney who was once president of CyberGate, an
Internet Service Provider sold in 1997, Rubenstein
went on to found a business incubator in Boca Raton,
Fla.. Then, during what was to be a hiatus from work
Maj. William McCollom of the Delray Beach police
department asked his eager volunteer, Officer
Rubenstein, to help him solve a problem.
"Like most agencies around the nation, we'd spent
an exorbitant amount of money on technology," said
McCollom. "Technology was in our cars, but was not
meeting our goals." In Rubenstein, McColloin found an
Page I of 3
http://64.70.236.2131newsISpeeding'lo2GupOlo2OpolicePlo2OtrafficPlo2Ostops.htin 11/26/2002
Speeding up police traffic stops
eager "entrepreneur /inventor."
The two men looked for a way to speed up the
process of a traffic stop, a routine but potentially
dangerous part of any officer's job. While laptops in
the patrol cars helped an officer digitally gather
information on the car and driver he or she had pulled
over, deciphering that information — quickly —
proved challenging.
Sure, these were better days than when cops had to
radio in a tag number to home base to get somewhere
there to look up further information. Now, the files that
are called up on the patrol car computer, explained
Rubenstein, contained "a significant amount of
information, including: name, age., sex, race, driving
record, traffic violations, warrants, insurance
information, etcetera." But, he added, "the information
is presented in an'extremely hard-to-read format and is
normally provided in separate files that force the officer
to scan through several records."
And if that wasn't bad enough, McCollom said, "it
took too long to write a report, creating additional
concerns because of officer safety, and then they had to
read the screen, which takes their eyes off the offending
vehicle, which is a very bad situation."
Rubenstein came up With a voice reader that works
with existing law enforcement software that's used
across the country. An officer enters a license plate
number, or a driver's license number, and the computer
reads out what sort of car it's attached to, whether it's
stolen, whether the registration is up to date. And
whether the person sitting in the passenger seat fits the
Advertisement description of the
�LU-46, I person who has
MMNU gistered the car.
Related deals from MSN Sh*pping Should a ticket
need to be written, the
information gets
entered automatically
onto a digital form,
ZR25MC Canon Digital Vkko and printed out in the
$699.00
Dell squad car — reducing
the chance for error,
and increasing the
speed with which an officer conducts business. And,
not coincidentally, making it easier to write tickets
makes officers likely to write more.
"This way an officer can clear a traffic stop in
under five minutes, rather than in twenty," said
Rubenstein. "It's a huge officer safety issue."
Page 2 of 3
hftp://64.70.236.2131iie,,vslSpeediiigOlo2Oup0l,D20polic6olID20trafficPIID20stops.htm 11/26/2002
Speeding up police traffic stops Wage or
Inside the patrol car, a laptop
and ticket printer automates --
and expedites — the filling out
of tickets.
Rubenstein is now working on a driver's license
reader, not unlike a credit card swipe device at a store,
to be installed in squad cars, so that no keystrokes at all
would need to be executed. And he's in the process of
marketing the software to police departments across the
nation. So far, four other cities in Florida have
purchased the software, and Rubenstein said he's in the
beta phase with 20 others in the region. And the cost,
he said, is nominal — in the hundreds of dollars per
cop.
How to measure the success of the product?
McColloni, who started working in the field 19 years
ago, back in the age of the "stubby pencil," said it's
clear: "We went from having a lot of resistance from
officers to computer technology to a 100 percent
clambering'when am I next' attitude.
As for Rubenstein, he's finding away to merge his
love of technology with his love of law enforcement.
It's one of those happy times of convergence, when
someone's passion helps other people, when one
technology success is helping to spawn another.
Cover I News I Business I Sports I Local News I Health I Technology ( Living & Travel
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http: //64, 70.2 3 6.2 13 /ne-vvs/S peedi ng%2. On p%20 poli ce0/00traffic0/0 0 stop s . htin 11/26/2002
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO REINSTATE WEEKLY TRASH SERVICE EFFECTIVE
JANUARY 6, 2003 AND TO LEASE A NEW TRASH CRANE AND
TRUCK; CHARGING THIS DISBURSEMENT TO AN ESTIMATED
$90,000 IN UNBUDGETED FUNDS TO BE RECEIVED BY THE CITY
FROM THE PROCEEDS OF THE BAPTIST HEALTH SYSTEMS BOND
ISSUE; PROVIDING AN EFFECTIVE DATE.
[h
WHEREAS, the City was forced, due to budgetary constraints, to reduce trash service from a weekly
basis to a twice monthly basis, and
WHEREAS, residents have expressed a strong desire to have weekly service reinstated if sufficient
revenues could be identified, and;
WHEREAS, the recently approved bond issue, authorized by the South Miami Health
Facilities Authority for Baptist Health Systems, will generate $240,000 in revenue to the City, of which
$90,000 is additional unbudgeted revenue.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF
SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to reinstate weekly trash service,
effective January 6, 2003, and to lease a new crane and truck for this purpose.
Section 2. The City Manager is authorized to utilize $90,000 in unbudgeted revenues from
the Baptist Health System bond proceeds for this purpose.
Section 3. This resolution shall become effective immediately after adoption hereof.
PASSED AND ADOPTED this 3`a day of December, 2002.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Commissioner McCrea: