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03-20-01MAYOR: VICE MAYOR: COMMISSIONER: COMMISSIONER: COMMISSIONER: Julio Rob aina Horace G. Feliu Randy G. Wiscombe David D. Bethel Mary Scott Russell CITY MANAGER: CITY ATTORNEY: CITY CLERK: Charles D. Scurr Earl G. Gallop Ronetta Taylor CITY COMMISSION AGENDA City Commission Meeting Meeting date: March 20, 2001 6130 Sunset Drive, South Miami., FL Next Regular Meeting Date: April 10, 2001 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.) 1. Parks & Recreation Department 2. Equality Opportunity Board REGULAR CITY COMMISSION AGENDA - March 20, 2001 1 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes Regular City Commission Minutes - February 20, 2001 2. City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING PASCHA DONALDSON TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR A TWO YEAR TERM ENDING MARCH 20, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING VINCE PRAVATA TO SERVE ON THE ENVIRONMENTAL REVIEW AND PRESERVATION- FOR A TWO. YEAR TERM ENDING MARCH 20, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $13,044.24, CHARGING $844.43 TO ACCOUNT NO. 1500- 514 -3452, CODE ENFORCEMENT; CHARGING $2,120.31 TO ACCOUNT NO. 1500 - 514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $8,868.00 TO ACCOUNT NO. 1500 - 514` -3410, LEGAL SERVICES, NON- RETAINER; CHARGING $1,211.50 TO ACCOUNT NO. 608- 1910- 521 - 3100, PROFESSIONAL SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE DATE. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY, OF SOUTH MIAMI, FLORIDA, RELATING TO THOROUGHBRED RACING; PETITIONING THE FLORIDA LEGISLATURE TO GRANT EQUAL OPPORTUNITY TO_HIALEAH PARK WITH THE ISSUANCE OF NON CONFLICTING. RACING DATES WITH ANY OTHER RACING FACILITY IN SOUTH FLORIDA, TO CONTINUE ITS SERVICE TO THE COMMUNITY; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 2 AGENDA - March 20, 2001 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF HALLANDALE POLICE DEPARTMENT, ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225(3), FLORIDA STATUTES. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION(S) /PUBLIC HEARING(S) There are none RESOLUTION (S) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC SAFETY; URGING THE 2001 SESSION OF THE FLORIDA LEGISLATURE TO APPROVE A PRIMARY SAFETY BELT LAW; PROVIDING AN EFFECTIVE DATE. (Commissioner Russell) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STRATEGIC CONSULTING SERVICES AT THE FEDERAL LEVEL; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $42,000.00 FOR THE FIRM OF RONALD L. BOOK, P.A.; FROM ACCOUNT NUMBER 001 - 1315- 513 -3435, CONTRACTUAL SERVICES. (Mayor Robaina) 3/5 ORDINANCE (S) FIRST READING 11. AN ORDINANCE- OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, RELATING TO THE AMENDING ,OF SECTION 1`5 -6, CARNIVALS, SIDE SHOWS, STREET SHOWS, ETC., PROHIBITED WITHIN CITY LIMITS; OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENTS TO MURRAY PARK, AMENDING ORDINANCE NUMBER 1 -10 -1732, AUTHORIZING THE NEGOTIATIONS OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $2,500,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL REGULAR CITY COMMISSION 3 AGENDA — March 20, 2001 F7:..,r LOAN COUNCIL APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING THE EXECUTION AND DELIVERY OF A DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT ` "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. " PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 266.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT` ITS 'MEETING OR HEARING, HE OR SHE WILL NEED A'RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE SASSED. 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 - March 20, 2001 OU r.. • INCORPORATED 1927 ot O Rio Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: March 20, 2001 and City Commission From: Charles Scurr Re: Agenda Item 4 City Manager Board Appt. Parks & Rec. Cultural Affairs Board REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, . FLORIDA, < RELATING TO BOARDS AND COMMITTEES; APPOINTING PASCHA DONALDSON TO SERVE ON THE PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR A TWO YEAR TERM ENDING MARCH 20, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Pascha Donaldson to the Parks & Recreational Cultural Affairs Board to serve for a two year term ending March 20, 2003 or until a successor is duly appointed and qualified. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 6 COMMITTEES; APPOINTING PASCHA DONALDSON TO SERVE ON THE 7 PARKS & RECREATIONAL CULTURAL AFFAIRS BOARD FOR A TWO 8 YEAR TERM ENDING MARCH 20, 2003 OR UNTIL A SUCCESSOR IS 9 DULY APPOINTED AND QUALIFIED. to 11 WHEREAS, The Mayor and Commission recognize the important contributions made by 12 those who serve on the various city boards and committees, and wish to appoint a full 13 complement to each of the active boards and committees; 14 15 WHEREAS, the city Commission desires to appoint Pascha Donaldson to serve on the 16 Parks & Recreational Cultural Affairs Advisory Board for a two -year terms ending March 20, 17 2003 or until a successor is duly appointed and qualified. 18 19 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 21 22 Section 1. That the City Commission hereby appoints Pascha Donaldson to serve on 23 the Parks & Recreational Cultural Affairs Advisory Board. 24 25 Section 2. The expiration date of appointments shall expire March 20, 2003 or until a 26 successor is duly appointed and qualified. 27 28 Section 3. This resolution shall take effect immediately upon approval. 29 30 31 PASSED AND ADOPTED this day of , 2001. 32 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 40 Mayor Robaina: 41 Vice Mayor Feliu: 42 CITY ATTORNEY Commissioner Russell: 43 Commissioner Bethel: 44 Commissioner Wiscombe: 45 03/01/2001 12:01 3056639485 JRE LEE OPPORTUNITY PAGE 01 Al BY: GlIY GLthr%j i7WaClUJUJ -i0� r••cu -I -r vi - r..j%j4 1W) CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 .Sunsel ,Drive south Miami, ,FL 33143 1. Name: EftGu46 Please prim 2. Home Address: •_____, 3. Business Address: 4. Home Phone No. elb 5. Education Background 6. Community Service: Phone No. 305- 669 -6340 Fax Na 305 - 6636548 Vi Vii! 3 ®,y Business Phone No. /5S 8. Are you a registered voter? Yes zn�—/ No 9. Are you a resident of the City? Yes . No Gl�� 10. Do you have a business in the City? Yes a% No 11. Ethnic Origin? A.aglo American African American _ Hispanic American_ Other Signature Date t0t—(p/-pV THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 20006 . . ,gin �.. ,... = ��a,�- •�er�. '+��,:.:�' � „„�� ,.:,,.- ,�•.,.t,�"�. _n3'- -�i-r SOUTH t r g • INCORPORATED • t927 �0RV0 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayo Date: March 20, 2001 and City Commission C From: Charles Scum Re: Agenda Item _4r City Manager Board Appointment to ERPB REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING VINCE PRAVATA TO SERVE ON THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MARCH 20, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina appoints Vince Pravata to the Environmental Review and Preservation Board to serve for a two year term ending March 20, 2003 or until a successor is duly appointed and qualified. RECOMMENDATION Approval is recommended. w.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS AND COMMITTEES; APPOINTING VINCE PRAVATA TO SERVE ON THE ENVIRONMENTAL REVIEW & PRESERVATION BOARD FOR A TWO YEAR TERM ENDING MARCH 20, 2003 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and, WHEREAS, the Mayor and City Commission desire to appoint Vince Pravata to serve for a two year term on the Environmental Review & Preservation Board. This appointment shall expire March 20, 2003 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commissioner hereby appoints Vince Pravata to the Environmental Review & Preservation Board. Section 2. The expiration date of this appointment shall expire March 20, 2003 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: Additions shown by underlining and deletions shown by ever-striking. m CITY OFSOUT(,i' MIAMI BOARDICOAIMITTEEAPP41CAT101V 6130 Sunset Drive SruthM74#4 Fl 33`143/ 1, Name: V (' RAN/A (pke grin Z• Home Addreas: 3. Suslneen Address: 3? r + 4. Home Phone No. 5. Education Sacl a4 round: V k rrrW ,. el 6. P*~N& $05 -663 -6340 Fax No. JOS464 -634 'Business Phone No. Ant, -. i _r COmmuaity Scrvioc; nyr . p -- Ft.lti�1 A+S I tJ'( =�> - % L + LNti 1 - ,+ I Vn4t� 8. Are you a registered voter? Y� No �• Are you a resident of the City? Yes Na 10. Do you have a business in the City? Ye® No i it, Etbnic Origin? Angle Asv icanv, African American _ Hispanic American, _ other Signature bdOe Applicant THIS APPLICATION WILL REMAIN Olv JVILX yoR ONE MBAR Reed 2,2M ZtZ 307d �bY'G60 '6 FO z-EiYVi �8gE9E99�0E !AU310 A110 :A9 1h39 100' d die :z0 TO/60/E0 919t sSMO$ el,ene Ad suanp 77 ,,,,F CITY OF SOUTH MIAMI To: Mayor and Commission Date: March 20, 2001 From: Earl G. Gallop Agenda Item City Attorney Commission Meeting Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $13,044.24. The accounts are summarized below: Account Available Balance This Invoice Consulting - Real Property/Foreclosure $ 7,479.78 $ 2,120.31 Account # 1500 - 514 -3435 Professional Services - $1,919.52 $ 1,211.50 Account # 608 - 1910 - 521 -3100 CRA Fund — General Legal $ $ Account #610- 1120 -554 -3415 Code Enforcement Account #1500 -514 -3452 $ 8,415.77 $ 844.43 Telecommunications Account #1500 -514 -3420 $ 8,527.50 $ Legal Services Non Retainer $ 27,298.53 $ 8,868.00 Account # 1500 -3410 A detailed Billing Statement is attached. 1. 7,FRWR pws r a 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $13,044.24, CHARGING $844.43 TO ACCOUNT NO. 1500 -514 8 3452, CODE ENFORCEMENT; CHARGING $2,120.31 TO 9 ACCOUNT NO. 1500-514-3435, REAL 10 PROPERTY /FORECLOSURE; CHARGING $8,868.00 TO 11 ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON- 12 RETAINER; CHARGING $1,211.50 TO ACCOUNT NO. 608- 13 1910- 5213100, PROFESSIONAL SERVICES, FORFEITURE; 14 PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of South Miami approved 17 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 18 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 19 20 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 21 for legal services rendered, and costs advanced, for the period ending 22 February 28, 2001, in the amount of $13,044.24; and, 23 24 WHEREAS, the City Attorney recommends payment of the attached 25 invoices. 26 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The invoices for attorneys' fees and costs received from 31 Nagin Gallop Figueredo, P.A., in the total amount of $13,044.24, are approved for 32 payment and charging $844.43 to account no. 1500 - 514 -3452, code enforcement; 33 charging $2,120.31 to account no. 1500 -514 -3435, real estate /foreclosure; 34 charging $8,868.00 to account no. 1500 -514 -3410, legal, non - retainer; and 35 charging $1,211.50 to account no. 608 - 1910.521 -3100, forfeitures. 36 37 Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by eveci . I 2 PASSED AND ADOPTED this day of March, 2001. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM: Mayor Robaina: 12 Vice Mayor Feliu: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner Russell: 16 17 18 19 20 21 22 23 24 25 \ \Dell_6100\Documents \City of South Miami \0022 - 00 1 \9074.doc 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Page 2 of 2 NAGIN GALLOP FIGUEREDO P. A. Attorneys c' Counselors 3225 Aviation Avenue - Third Floor Telephone (305) 854 -5353 Miami, Florida 33133 -.4741 Facsimile: (305) 854 -5351 March 15, 2001 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive City of South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami - Legal Services, Retainer' Dear Mr. Oshikoya: Enclosed is our statement for retainer fees and costs advanced for the period ending February 28, 2001. Included is our requisition no. 52 pertaining to the costs billed in the amount of $519.78. Please issue a check payable to Nagin Gallop & Figueredo, P.A. representing payment of these costs. Please do not hesitate to contact me if you have any questions regarding the subject matter of this letter. Very truly yours, EGG:daj Enclosure cc: Mayor and City Commission Earl G. Gallop wt _ CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Nagin Gallop & Figueredo, P.A. Req. No. 52 Date: March 15, 2001 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Consulting - Legal 1500- 514 -3410 $519.78 $519.78 TOTAL I 1 1 $519.78 Purchase Order No. I Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP�' Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305)'854 -5351 Finance Director March 9, 2001 Hakeem Oshikoya Matter ID; 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Statement No. 8935 City of South Miami, FL 33143 Hours Amount 2/1/2001 EGG Attention to obtaining title opinion needed for water hook -up to MPC 1. 0.20 35.00 2/1/2001 EGG Attention to canal maintenance agreement. 0.30 52.50 2/1/2001 EGG Analyzed Scope of Work by USA Software, Inc. for mobile data 2.00 350.00 project [mobile unit lap top computers] for South Miami Police Department and prepared memorandum regarding comments and recommendations to A/C Mills. 2/1/2001 EGG Revised release of claims insert to ground lease with SPG Phase 1. 0.30 52.50 2/1/2001 EGG Final preparation of resolution approving settlement agreement 0.50 87.50 regarding gas station property at 6400 SW 62 Ave; transmitted same to Ms. Taylor and Mr. Shubin, attorney for owner. 2/1/2001 EGG Prepared resolution approving conveyance of city's interest in liens 0.50 87.50 on Marshall Williamson property to Habitat. 2/2/2001 EAB Responded to various email communications from Carol Bynum and 0.50 75.00 Mayor Robaina regarding second Bruce Property located at 66th Street. 2/2/2001 REC Delivered City Commissioner Packages 1.00 20.00 212/2001 EGG Telephone conferences with comm'r. Bethel and Mr. David Silver 0.30 52.50 regarding request to defer consideration of lease with SPG Phase 1. 2/2/2001 EGG Telephone conference with Mr. Shubin regarding handling gas station 0.20 35.00 settlement resolution. 2/5/2001 EAB Various telephone conferences with Carol Bynum regarding properly 0.20 30.00 citing the Bruce second property at 66th Avenue. 2/5/2001 EAB Revised letter to Starbucks regarding WSAD agreement prepared by 0.50 75.00 Luis R. Figueredo. 2/5/2001 EGG Reviewed lobbyist registration ordinance; telephone conference with 1.20 210.00 Mr. Dellagloria regarding application to CRA replied questions posed by Mr. Oravec. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 2 2/5/2001 EGG Telephone conference with vice mayor Feliu regarding anti stalking 0.20 35.00 statute and evaluated whether there is a need for city ordinance on the subject. 2/6/2001 EAB Telephone conference with Carol Bynum regarding various 0.30 45.00 outstanding code enforcement issues; telephone conference with AC Feldman regarding effect of changes to an interlocal agreement. 2/6/2001 EGG Prepared for and attended city commission meeting. 7.00 1,225.00 2/7/2001 EAB Various email communications with Carol Bynum regarding public 0.70 105.00 right of way dumping and possible citation of the dumper; analysis of the Model City Development lien file and prepared email correspondence to Greg Oravek on foreclosure status of this property; telephone conference with Mr. , Oravec regarding Model City Development, Mary Johnson Property, Marshall Williamson property and filing of foreclosure by newly retained foreclosure counsel for CRA. 2/8/2001 EGG Advised Mr. Oravec regarding obtaining insurance coverage for CRA 0.20 35.00 support group. 2/8/2001 EGG Attention to potential encroachment by Sunset Drive on property at 0.20 35.00 Sunset and US1, and email to Mr. Gooding regarding same. 2/8/2001 EGG Telephone conference with Mr. Brian Edney regarding revisions to 0.60 105.00 USA Software SOW. 2/12/2001 EGG Prepared for and attended special comm'n. meeting on MPC Il. 3.00 525.00 2/1312001 EAB Legal research on eviction, domestic violence and trespass per 1.30 195.00 Mayor's request to assist CSM resident Mrs. Javvieca; telephone conference with AC Mills regarding this 'matter and provided him with Ms. Javvieca's phone number to contact her directly; telephone conference with Mr. Alonso, a neighbor to noise ordinance violator due to parrot noise, and various email communications to city regarding parrot matter scheduled for CEB hearing; recommended that Ms. Rosa hand deliver the notice of public hearing on this matter to violator. 2/15/2001 EAB Attended code enforcement staff meeting and board meeting. 5.50 825.00 2/16/2001 EAB Telephone conference with Assistant. County Attorney Goldstein, 0.30 45.00 and Jack Clark, the County Right of Way Chief regarding traffic visibility issues. 2/16/2001 REC Delivered materials for the City Commissioner's Meeting. 1.00 0.00 2/16/2001 EGG Telephone conference with Mr. George Lott, Esq., regarding title 0.30 52.50 opinion for MPCI and title review for MPCII. 2/16/2001 EGG Attention to need for seminar for code enforcement officers on proof 0.20 35.00 required for quasi judicial hearings. 2/16/2001 EGG Prepared memorandum regarding final comments on Van Smith 0.60 105.00 contract. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGsllos Figueredo P.A. CONFIDENTIAL- PRIVILEGED Matter ID: 1 Statement Number Page: 3 2/10/2801 EGG .~^,~,,~.,~"."a. for 0.40 70.00 Shoal Creek Properties, formerly JPI Apartment Development, regarding amended ~application "^ amend comprehensive land use 2/16/2001 EGG Attention boFOOT easement at corner ofUS| and Sunset Drive. 0.10 17.50 2/16/2001 EEG Attention to question whether revision bo JP| application for land use 0`10 1750 ' �plan amendment requires new application and fee. 2/16/2OO1 ' ^G~ Attention o 0.20 35.00 2/2O/2OO1 ^.� Prepared Sonia Lama of Building Department 5.50 8251X0 regarding Bell South easements and need to obtain notarized signatures of the owners of properties for access to properties; Code Enforcement memorandum regarding posting of advertisements in - right of way and enforcement of state, county and municipal :regulations; and completed legal research on and prepared memorandum on Dabby properties case law cited by opposing :counsel, Mr. Shulman, and completed research on Fla. Stat. 316.640, and application of police ticketing enforcement rights on quasi-private property. 2/20/2001 LRF Telephone conference with Mr. Scurr regarding report to city 3.00 525.00 ,commission regarding options for New City Hall. Attended city commission hearing. ____,,. . E~~ MPCI for 0.10 17.50 title opinion. EGG ____,.. 0.2�0 35.00 2/20/2001 EGG Attention to question whether city is legally obligated to fund CRA in 0.50 87.50 absence of TIFF money; telephone conferences with Mr. Dellagloria and Mr. Os i hikoya and advised that city is not obligated to fund CRA. 2/20/2001 EGG : Prepared for and attended city comm'n. meeting. 5.00 875.00 2/21/2001 EA8 Various email communications with Carol Bynum regarding 0.40 60.00 Chilipepper citations; and Sonia Lama regarding permitting requirement for cable companies. 2/21/2001 EGG Attention t6 contest by Shops at Sunset of ad valorem taxes for 1999 0.30 53.50 and effect on CRA budget; telephone conference with Mr. Oshikoya regarding same and receipt of notice of taxes owed on open space property by:iseller. 2/21/2001 EGG Attention to question whether city has power to enforce parking 1.00 175.00 regulations in alleyway behind Dabby Properties; analyzed Florida Statute and reviewed Attorney General Opinion; emailed city's position to Mr. Cliff Schulman, attorney for Dabby Properties, that city has power and will enforce parking regulations. 2/21/2001 EGG Reviewed New York Times article on financial troubles of Metricom 0.20 35.00 Payment is due upon 1O �---r-'--~`'~^',~~~~~' m��vo�o Interest at �rate of1.o�6�rmonmvwobecxa�mun payment �n� '- —�---~--~ ' ^ ' days. | Nagin Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Prepared memorandum regarding public records request to Mr. Matter ID: 0022 -001 Statement Number Page: 4 Struder and Ms. Rosa. with particular attention to its application to install wireless internet 2/26/2001 EAB Email communications with Mr. Lorber regarding revision definition of connection devices on city light poles. 2/21/2001 EGG Attention to question whether city may require building permit for 0.30 52.50 illegal boarding house; attempted to coordinate CEB staff meeting; work by utility companies in easement areas. 2/21/2001 EGG Telephone conference with Ms. Jennifer McCoy, Coral Gables 0.20 35.00 Department regarding enforcement of traffic sign regulations in Gazette, regarding Hammock House transaction. 2/22/2001 EAB. Various email communications from Sonia Lama regarding ROW, 0.70 105.00 David Struder regarding junked vehicle enforcement, prepared opinion cable access and city permitting process and began investigation for to Struder that the vehicles appeared to be in abandoned condition Ms. Lama on telecommunications ROWs and city ability to enact and that the CEO could proceed with NOCI procedures. permit requirement - and possible prohibition under state statute. 2/26/2001 LRF 2/22/2001 EGG Attended meeting with Messieurs Basu, Lorber and Youkalis 2.00 350.00 proposed amendments to the canal maintenance agreement. regarding land use map amendment, rezoning and development 2/26/2001 EGG Attention to question whether city ' has authority to issue citations for restrictions for JPl /Shoal Creek proposed development at 70 St. and overgrowth of vegetation on county right of way. 59 Place: 2/27/2001 EAB 2/23/2001 EGG Prepared memorandum regarding public records request to Mr. 0.20 35.00 Struder and Ms. Rosa. 2/26/2001 EAB Email communications with Mr. Lorber regarding revision definition of 0.70 105.00 family under the code and requirements of changing definition of illegal boarding house; attempted to coordinate CEB staff meeting; extended telephone conference with Mr. Tobar of the County Works Department regarding enforcement of traffic sign regulations in County ROW located in City; analysis of photos provided by CEO David Struder regarding junked vehicle enforcement, prepared opinion to Struder that the vehicles appeared to be in abandoned condition and that the CEO could proceed with NOCI procedures. 2/26/2001 LRF Telephone status conference with Mr. Basu regarding the City's 0.40 70.00 proposed amendments to the canal maintenance agreement. 2/26/2001 EGG Attention to question whether city ' has authority to issue citations for 0.30 52.50 overgrowth of vegetation on county right of way. 2/27/2001 EAB Received facsimile from CRA foreclosure counsel; prepared various 0.10 15.00 e -mails to Mr. Oravec, and Mr. Gallop regarding location of file, and our "involvement" in supervision of this matter. 2/27/2001 LRF Telephone conference with Mr. Basu to discuss meeting with DERM 0.30 52.50 concerning canal' maintenance agreement. 2/27/2001 EGG Analyzed federal 11th Cir. Ct. appellate decision upholding city of 0.30 52.50 Orlando ordinance prohibiting camping on public property against equal' protection and due process'', claims. 2/27/2001 EGG Telephone conference with Mr. John Shubin regarding status of : 0.10 17.50 application for site plan approval for gas station property. 2/27/2001 EGG Attention to removal of broadcast of last comm'n. meeting concerning 1.00 175.00 presentation' by Jr. Comm'n. on Status of Women; telephone conferences' with Mayor Robaina,',comm'r. Russell, Mr. Scurr, Ms. Jennifer LNU [Coral Gables Gazette], Ms. Eunice Ponce and Ms. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month v ill`be charged if payment is not received within 30 days. Nag in Gallop Figueredo P.A. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page:_ 5 Raskin regarding same. 2/28/2001 EAB Telephone conference with David Struder, and analyzed various email 0.30 45.00 communications from David and Eva Rosa regarding ROW and enforcement of traffic sign regulations. 2/28/2001 EGG Attention to presentation by Jr. Comm'n. on Status of Women; 0.50 87.50 follow -up telephone conferences with Comm'r. Russell, Mr. Scurr and Ms. Raskin. 2/28/2001 EGG Attention to enforcement of city triangle of visibility regulations on 0.20 35.00 county right -of -way. 2/28/2001 EGG Instructions to Ms. Eva Rosa regarding public records request for 0.20 35.00 property located at 5743 SW 76 Terrace. Total Professional Services 8,677.50 Fees Reduced Due to Retainer - 8,677.50 Rate Summary Eve A. Boutsis 17.00 Hours at 150.00 /hr 2,550.00 Rose E. 1.00 Hours at 0.00 /hr 0.00 Rose E. 1.00 Hours at 20.00 /hr 20.00 Luis R. 3.70 Hours at 175.00/hr 647.50 Earl G. Gallop 31.20 Hours at 175.00/hr 5,460.00 Total hours: 53.90 Expenses 2/13/2001 Parking Charge 2.50 2/23/2001 Legal research 255.00 2/28/2001 Postage Charge 41.28 2/28/2001 Parking Charge 0.25 2/28/2001 Photocopies 136.75 2/28/2001 Telefacsimile charge 80.00 Payment is due upon receipt. please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 7 7 --,:. ..;:: r r,.. "�:�K Nagin Gallop Figueredo P.A., CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022-001 Statement Number Page: 6 2/28/2001 Mileage 2.50 2/28/2001 Parking Charge 1.50 For Professional Services 0.00 For Disbursements Incurred 519.78 Current Balance: 519.79 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 53 Date: March 15, 2001 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Code Enforcement 1500 -514 -3452 844.43 844.43 2 7 Forfeitures 608 -1910 -521 -3100 1,211.50 1,211.50 3 6 Legal, Non- Retainer 1500 - 514 -3410 8,868.00 8,868.00 4 4 Real Estate /Foreclosure 1500 -514 -3435 2,120.31 2,120.31 TOTAL $13,044.24 Purchase Order No. I Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Charge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors _ 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854- 5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Finance Director Matter ID: 0022 -002 City of South Miami Real Estate 6130 Sunset Drive Statement No. 8850 City of South Miami, FL, 33143 Hours Amount 2/1/2001 LRF Telephone conferences with Peter Tell for Miami Dade County 1.70 297.50 Attorney's office regarding proposed revisions to Canal Maintenance agreement. Telephone conference with Donna Gorden from Derm regarding proposed amendments. Telephone status conference with Dave Goodin. 2/6/2001 LRF Meeting with Mr. Basu- regarding status of negotiations with the 0.70 122.50 county and pending issues. 2/7/2001 LRF Follow up with Gary Service DERM concerning status of DERM 0.30 52.50 comfort letter for portion of Einstein Bagels property to be donated to the city for purposes of widening right hand turn lane. Rate Summary Total Professional Services 472.50 Luis R. Figueredo 2.70 hours at $175.00/hr Total hours: 2.70 472.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 472.50 0.00 472.50 245.00 0.00 717.50 Payment is due upon receipt. ,Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a . rate of 1,5 %o per month will be charged if payment is not received within 30 days. ... l;i d. H',:x ,,er -<::x � s„s ?, I ,c <�- '�'�:,- .- ,�YP°a <;v ;,ta'1TM"�; s'—.y' _ =--i•T CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors Rate Summary Eve A. Boutsis Expenses 2/15/2001 Payments 2/16/2001 Total hours: Photocopies Postage Charge Parking Charge Service of Process Total Professional Services 615.00 4.10 hours at $150.00 /hr 615.00 4.10 94.00 78.06 20.00 40.00 Sub -total Expenses: 232.06 Payment Ck#31147 ($13386.78) 649.88 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days, 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) -854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Finance Director Matter ID: 0022 -003 ..City of South Miami Williamson Foreclosure 6130 Sunset Drive Statement No. 8851 City of South Miami, FL 33143 Hours Amount 2/8/2001 EAB Conducted legal research on heirs and priority for foreclosure; 3.00 450.00 prepared final summary judgment. 2/22/2001 EAB Telephone conference with heirs Jerry Williamson, Helen 0.60 90.00 Williamson and Lee Perry regarding acceptance of waiver of service of process; 2/28/2001 EAB Revised summonses to DC heirs, analyzed FRCP and Trawicks on 0.50 75.00 correct process out of state; prepared defaults against defendants that never filed response to amended complaint. Rate Summary Eve A. Boutsis Expenses 2/15/2001 Payments 2/16/2001 Total hours: Photocopies Postage Charge Parking Charge Service of Process Total Professional Services 615.00 4.10 hours at $150.00 /hr 615.00 4.10 94.00 78.06 20.00 40.00 Sub -total Expenses: 232.06 Payment Ck#31147 ($13386.78) 649.88 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days, Sub - total Payments: 649.88 For Professional Services 615.00 For Disbursements Incurred 232.06 Current Balance: 847.06 Previous Balance: 1,054.62 Payments - Thank you 649.88 Total Due 1,251.80 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. R CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225, Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854- 5353 Facsimile: (305) 854 -5351 March 9 2001 Hakeem Oshikoya Matter ID: 0022 -023 Finance Director Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 8852 City of South Miami,' FL 33143 Hours Amount 2/1/2001 LRF Finalized lease summary and lease agreement for City 0.90 157.50 Commission. Telephone conference with Ralph Perez regarding final revisions. Telephone conference with Charles Scurr concerning the Commission's options concerning deferral of the item in response to request from the Red Sunset merchants. 2/2/2001 LRF Telephone conference with Ralph Perez regarding release provision 1.80 315.00 in the lease agreement. Attended meetings with Commissioner Wiscombe and Commissioner Bethel. 2/5/2001 LRF Telephone conference with Charles Scurr regarding deferral 0.30 52.50 question and SPG's presentation. 2/6/2001 LRF prepared for and attended City Commission meeting on Parking 8.00 1,400.00 garage matter. Participated in telephone conferences with Ralph Perez, Charles Scurr, Mayor Robaina and Vice -Mayor Feliu concerning SPG matter. 2/7/2001 LRF Telephone conference with Ralph Perez regarding scheduling 0.30 52.50 meeting to discuss and present special exception application. Total Professional Services 1,977.50 Rate Summary Luis R. Figueredo 11.30 hours at $175.00/hr 1,977.50 Total hours: 11.30 Payments 2/16/2001 Payment Ck#31147 ($13386.78) 155.00 Sub -total Payments: 155.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 8852 Page: 2 For Professional Services For Disbursements incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 1,977.50 0.00 1,977.50 7,162.00 155.00 8, 984.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. s I CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors Rate Summary Eve A. Boutsis Expenses Legal research Payments 2/16/2001 Payment Total Professional Services 825.00 5.50 hours at $150.00 /hr 825.00 Total hours: 5.50 19.43 Sub -total Expenses: 19.43 Ck #31147 ($13386.78) 1,525.69 Sub -total Payments: 1,525.69 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. �.;,�_.. 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Finance Director Matter ID: 0022 -027 City of South Miami Bruce v. Code Enforcement 6130 Sunset Drive Statement No. 8853 City of South Miami, FL 33143 Hours Amount 2/2/2001 EAB Telephone conference with Mr. Harris regarding possibility of 0.30 45.00 obtaining occupational license and settling action. 2/12/2001 EAB Prepared letter to Harris regarding extension based on settlement 0.20 30.00 negotiations. 2/26/2001 EAB Prepared amended complaint; various email communications with 4.00 600.00 Ms. Lama regarding open permits and outstanding violations issued against the property. 2/27/2001 EAB Continued to revise amended complaint and various email 1.00 150.00 communications with Ms. Lama regarding open permits. Rate Summary Eve A. Boutsis Expenses Legal research Payments 2/16/2001 Payment Total Professional Services 825.00 5.50 hours at $150.00 /hr 825.00 Total hours: 5.50 19.43 Sub -total Expenses: 19.43 Ck #31147 ($13386.78) 1,525.69 Sub -total Payments: 1,525.69 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. �.;,�_.. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022-027 Statement No.: 8853 Page: 2 For Professional Services 825.00 For Disbursements Incurred 19.43 Current Balance: 844.43 Previous Balance: 2,085.59 Payments - Thank you 1,525.69 Total Due 1,404.3-3 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Matter ID: 0022 -034 Finance Director City of South Miami CSM v. Third Group. Mortage, 6130 Sunset Drive Statement No. 8854 City of South Miami, FL 33143 Hours Amount 2/13/2001 EAB Attended hearing on motion to strike pleadings based on failure to 2.00 300.00 comply with discovery requests and court orders; motion granted. Total Professional Services 300.00 Rate Summary Eve A. Boutsis 2.00 hours at $150.00 /hr 300.00 Total hours: 2.00 Expenses Parking Charge 10.75 Sub - total Expenses: 10.75 Payments 2/16/2001 Payment Ck #31147 ($13386.78) 24.32 Sub -total Payments: 24.32 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. d Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 8854 Page: 2 For Professional Services 300.00 For Disbursements Incurred 10.75 Current Balance: 310.75 Previous Balance: 144.32 Payments - Thank you 24.32 Total Due 430.75 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within: 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. m - '� �• ...- ,�- °�-�1. �.,.� �;: ,=� �'._�"+r � F _, ,. , ,. .. ,- m- -'�"w. z�,.: ---��- s�_�„ -sue _ - 7 I CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 9, 2001 Hakeem Oshikoya Matter ID' 0022 -046 Finance Director City of South Miami Merrick v. City of South Miami 6130 Sunset Drive Statement No. 8939 City of South Miami, FL: 33143 Hours Amount 2/27/2001 EGG Reviewed EEOC complaint and additional request for records 0.90 157.50 [overtime records for Ms. Merrick and other officers]; analyzed recent federal 11th'Cir. appellate court opinion on proof of racial discrimination and disciplinary reports as not being adverse employment action. Rate Summary Earl G. Gallop Payments 2/16/2001 Payment Total Professional Services 0.90 hours at $175.00/hr 157.50. Total hours: 0.90 Ck #31147 ($13386.78) 2.00 Sub -total Payments: 2.00 157.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 8939 Page: 2 For Professional Services 157.50 For Disbursements_ Incurred 0.00 Current Balance: 157.50 Previous Balance: 2.00 Payments - Thank you 2.00 Total Due 157.50 To be properly credited, please indicate Statement Number on your remittance check 3 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys Fa Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854- 5351 March 9, 2001 Hakeem Oshikoya Matter ID: 0022 -048 Finance Director Forfeiture of 1985 Blue Chevy City of South Miami 6130 Sunset Drive Statement No. 8856 City of South Miami,; FL 33143 Payments 2/16/2001 Payment Ck#31147 ($13386.78) 264.87 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments -Thank you Sub - total Payments: 264.87 Total Due To be properly credited, please indicate Statement Number on your remittance check. e ee e ee 0.00 372.71 264.87 107.84 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOPA. Attorneys Fa Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 9, 2001 Hakeem Oshikoya Matter ID: 0022 -052 Finance Director CSM v. Johnny Jackson City of South Miami 6130 Sunset Drive Statement No. 8857 City of South Miami, FL .33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 60.00 Payments - Thank you 0.00 Total Due 60.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. - �s CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors Total Professional Services 490.00 Rate Summary Luis R. Figueredo 2.80 hours at $175.00/hr 490.00 Total hours 2.80 Payments 2/16/2001 Payment Ck#31147'($13386.78) 184.00 Sub -total Payments: 184.00 Payment is due upon receipt." Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 9, 2001 Hakeem Oshikoya Matter ID: 0022 -055 Finance Director Purchase of 7800 SW 59th City of South Miami 6130 Sunset Drive Statement No. 8858 City of South Miami, FL 33143 Hours Amount 2/6/2001 LRF Conference with Mr. VanSmith concerning status of contract. 0.30 52.50 2/16/2001 LRF Revised option agreement to incorporate additional comments. 0.50 87.50 2/20/2001 LRF Revised option agreement to include Mr. Gallop's revisions. 0.70 122.50 Prepared letter to Seller's counsel identifying changes in option agreement. Status conference with Mr. Van Smith. 2/26/2001 LRF Reviewed letter from Steve Pearson concerning amendments to 0.80 140.00 option agreement. Telephone conference with Mr. Pearson concerning amendments. Conference with Mr. Gallop regarding Mr. Pearson's request for additional modifications to the option agreement. 2/27/2001 LRF Prepared final revision to option agreement. Prepared transmittal 0.50 87.50 letter to Seller's counsel Total Professional Services 490.00 Rate Summary Luis R. Figueredo 2.80 hours at $175.00/hr 490.00 Total hours 2.80 Payments 2/16/2001 Payment Ck#31147'($13386.78) 184.00 Sub -total Payments: 184.00 Payment is due upon receipt." Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 6 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -055 Statement No.: 8858 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments Thank you 490.00 0.00 490.00 464.00 184.00 Total Due 770.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854-5353 Facsimile: (305) 854-5351 Hakeem Oshikoya March 9, 2001 Matter ID: 0022-058 Finance Director Astbu, et al. v. CSM City of South Miami ry , 6130 Sunset Drive Statement No. 8859 City of South Miami, FL 33143 Hours Amount 2/16/2001 EGG Reviewed February 13 letter from Ms. -Riviera, HUD, regarding 0.20 35.00 concilitation and telephone conference with Ms. Riviera regarding same. 2/20/2001 EGG Telephone conference with Ms. Moraima Rivera, HUD investigator, 0.20 35.00 and advised that city does not desire to engage in conciliation. Total Professional Services 70.00 Rate Summary Earl G. Gallop Payments 2/16/2001 Payment 0.40 hours at $175.00/hr Total hours: 0.40 Ck#31147 ($13386.78) Sub-total Payments: 70.00 13.62 13.62 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. m Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -058 Statement No.: 8859 1 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 70.00 0.00 70.00 13.62 13.62 70.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 1 M CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 9, 2001 Hakeem Oshikoya Matter ID: 0022 -061 Finance Director City of South Miami NRA, et al. vs. City of South 6130 Sunset Drive Statement No. 8940 City of South Miami, FL 33143 Hours Amount 2/5/2001 EAB Analysis of cases for following propositions: McLaughlin v. State, 4.50 675.00 698 S If If o.20 296,298 (Fla. 3rd 1997)(term Include Is expansive); sec. 784.07, Fla. Stat. (law enforcement officer definition limited by statutory list]; School Board. Volusia County v. Clayton, 691/1066,1069 (standing) and Citizens for Safer Comm. v. Rochester, 627 NYS2d 193, 203 -04 (standing); prepared various memoranda on the issues and sheppardized the cases; legal research on standing and second amendment, and associational standing. 2/5/2001 EGG_ Prepared for hearing on city's motion for summary judgment and 6.50 1,137.50 NRA's motion for injunction on gun lock ordinance. 2/6/2001 EAB Assisted Mr. Gallop by obtaining various statutes and cases in 3.00 450.00 preparation for hearing on summary final judgment; attended hearing on summary final judgment. 2/6/2001 EGG Prepared for and attended hearing on city's motion to strike claims 6.50 1,137.50 for attorney's fees, and motions for summary final judgment. Total Professional Services 3,400.00 Discount: - 453.22 Rate Summary Eve A. Boutsis 7.50 hours at $150.00 /hr 1,125.00 Earl G. Gallop 13.00 hours at $175.00/hr 2,275.00 Total hours: 20.50 Expenses Parking Charge 5.50 2/16/2001 Court reporter 345.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 0 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -061 Statement No.: 8940 Page: 2 Sub -total Expenses: 351.00 Payments 2/16/2001 Payment Ck #31147 ($13386.78) 5,329.42 Sub -total Payments: 5,329.42 For Professional Services 2,946.78 For Disbursements Incurred 304.22 Current Balance: 3,251.00 Previous Balancer 6,068.72 Payments - Thank you 5,329.42 Total Due 3,990.30 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. x CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephoner (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile,: (305) 854 -5351 March 9, 2001 Matter ID 0022 -063 City Hall Project Statement No. 8861 Hours Amount 2/6/2001 LRF Reviewed and revised the City Manager's memorandum to the City 0.50 87.50 Commission regarding the number of options and associated costs for a new city hall. 2/23/2001 LRF Telephone conference with Mr. Scurr regarding scheduling 0.30 52.50 meetings with developer groups prior to the March 24th workshop. Total Professional Services 140.00 Rate Summary Luis R. Figueredo 0.80 hours at $175.00/hr 140.00 Total hours: 0.80 For Professional Services 140.00 For Disbursements Incurred 0.00 Current Balance: 140.00 Previous Balance: 612.50 Payments - Thank you 0.00 Total Due 752.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest ata rate of 1.5% per month will be charged if payment is not received within 30 days. 0 w: CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Finance Director Matter ID: 0022 -064 City of South Miami Water Main Extension 6130 Sunset Drive Statement No. 8862 City of South Miami, FL 33143 Hours Amount 2/1/2001 LRF Telephone conference with Gay Cinque concerning WASA 0.50 87.50 requirement that Starbucks connect to water main. 2/21/2001 LRF Telephone conference with Ms Gay Cinque concerning status of 0.30 52.50 WASA's determination. 2/22/2001 LRF Meeting with Mr. Scurr and WASD representatives to discuss 2.40 420.00 Starbuck's project and other pending matters relating to infrastructure agreement. Rate Summary Luis R. Figueredo Total Professional Services 560.00 3.20 hours at $175.00/hr 560.00 Total hours: 3.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. P Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -064 Statement No.: 8862 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 560.00 0.00 560.00 507.50 0.00 1, 067.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. � ;, 7171 Tl �7 x CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance. Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 March 9, 2001 Matter ID` 0022 -065 Forfeiture: 1995 International Box Statement No. 8863 0.00 0.00 0.00 34.84 WU Total Due 34.84 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions, you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephoner (305) 854- 5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Finance Director Matter ID: 0022 -066 City of South Miami Forfeiture: 1993 Volvo 940 Turbo 6130 Sunset Drive Statement No. 8864 City of South Miami, FL 33143 Payments 2/16/2001 Payment Ck #31147 ($13386.78) 7.00 Sub- total Payments: 7.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 0.00 7.00 7.00 Total Due 0.00 To be properly credited,' please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Tr WOW F CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGEREDOR& Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143` Expenses Parking Charge Miami, Florida 33133 Facsimile: (305) 854 -5351 March 9, 2001 Matter ID: 0022 -068 Telecommunications Contracts Sub -total Expenses: Payments 2/16/2001 Payment Ck #31147 ($13386.78) For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Statement No. 8865 2.50 2.50 157.50 Sub - total Payments 157.50- 0.00 2.50 2.50 175.00 157.50 Total Due 20.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, _Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 March 9, 2001 Matter ID: 0022 -070 CSM v. FDOA Statement No. 8866 For Professional Services 0.00 For Disbursements incurred 0.00 Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 - 103.00 mm - 103.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL- ATTORNEY/CLIENT PRIVILEGED NAGINGALL OPFIGUEREDO P. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854-5353 Facsimile: (305) 854-5351 Hakeem Oshikoya March 9, 2001 Finance Director Matter ID: 0022-071 City of South Miami Forfeiture of 1994 Chevy S-10 6130 Sunset Drive Statement No. 8867 City of South Miami, FL 33143 Hours Amount 2/8/2001 EAB Prepared motion for final default judgment and letter to judge 0.30 30.00 enclosing proposed order. 2/13/2001 EAB Re-filed nonmilitary affidavit as clerk lost originals and has rejected 0.20 20.00 our motion for default for a second time and requested that we file it again. Total Professional Services 50.00 Rate Summary Eve A. Boutsis 0.50 hours at $100-00/hr 50.00 Total hours: 0.50 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 50.00 0.00 50.00 165.00 0.00 Total Due — �215.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if Payment is not received within 30 days, CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854-5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854-5351 March 9, 2001 Matter ID: 0022-072 'Forfeiture of 1995 Plymouth 2 Statement No. 8868 Rate Summary Eve A. Boutsis Rose E. Cadenhead Expenses Parking Charge Mileage 2/28/2001 Certified Copy Payments 2/16/2001 Payment Total hours: Total Professional Services 48.00 0.30 hours at $100.00/hr 0.90 hours at$ 20.00/hr 1.20 Sub-total Expenses Ck#31147 ($13386.78) Sub-total Payments: 30.00 18.00 4.00 5.50 3.00 12.50 256.46 256.46 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Wr-R-T WTI-, Hours Amount 2/8/2001 EAB Prepared motion for final default judgment and letter to j udge enclosing proposed order. 0.30 30.00 2/27/2001 REC Recorded Order Granting Default Final Judgement and obtained a certified copy. 0.75 15.00 2/28/2001 REC Hand delivered Order to Assistant Chief Greg Feldman. 0.15 3.00 Rate Summary Eve A. Boutsis Rose E. Cadenhead Expenses Parking Charge Mileage 2/28/2001 Certified Copy Payments 2/16/2001 Payment Total hours: Total Professional Services 48.00 0.30 hours at $100.00/hr 0.90 hours at$ 20.00/hr 1.20 Sub-total Expenses Ck#31147 ($13386.78) Sub-total Payments: 30.00 18.00 4.00 5.50 3.00 12.50 256.46 256.46 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Wr-R-T WTI-, For Professional Services 48.00 For Disbursements Incurred 12.50 Current Balance: 60.50 Previous Balance: 461.21 Payments - Thank you 256.46 Total Due 265.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. --.7-7-77,77, U CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 9, 2001 Hakeern Oshikoya Matter ID: 0022 -073. Finance Director City of South Miami Forfeiture of $2,287.00 US 6130 Sunset Drive Statement No. 8869 City of South Miami, FL 33143 Hours Amount 2/8/2001 REG Delivered Affidavit of Non- Mllitary Service to Default Clerk. 1.00 20.00 2/13/2001 REG Re -Filed Affidavit with Circuit Court Clerk. 1.00 20.00 Total Professional Services 40.00 Rate Summary Rose E. Cadenhead 2.00 hours at $ 20.00 /hr 40.00 Total hours: 2.00 Expenses Parking Charge 5.50 Mileage 3.00 Sub- total Expenses: 8.50 Payments 2/16/2001 Payment Ck*31147 ($13386.78) 2.92 Sub -total Payments: 2.92 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter 1D: 0022 -073 Statement No.: 8869 Page: 2 For Professional Services 40.00 For Disbursements Incurred 8.50 Current Balance: 48.50 Previous Balance: 52.92 Payments - Thank you ' 2.92 Total Due 98.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. F CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Matter ID: 0022 -075 Finance Director City of South Miami Forfeiture of 2000. Audi Coupe 6130 Sunset Drive Statement No. 8870 City of South Miami, FL 33143 Total Professional Services 390.00 Rate Summary Eve A. Boutsis 3.90 hours at $100.00 /hr ` 390.00 Total hours: 3.90 Expenses Parking Charge 8.00 2/27/2001 Court reporter 75.00 Sub - total Expenses: 83.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 2/5/2001 EAB Email communication with Detective Barrio in which Barrio 0.40 40.00 disclosed that Ackelsberg was again arrested for cocaine possession; prepared motion to compel. 2/9/2001 EAB Telephone conference with Mr. Rubino regarding City's motions for 0.50 50.00 default and to compel; prepared letter granting extension of time regarding deadlines; telephone conference with AC Feldman regarding settlement offer of $10,000 and counteroffer by City of $20,000. 2/15/2001 EAB Dealt with issues raised by opposing counsel in which he 0.50 50.00 requested that we "indefinitely" cancel the probable cause hearing; prepared letter to Judge Dean requesting guidance on whether hearing should be held. 2/16/2001 EAB Prepared for hearing on preliminary probable cause, analyzed 2.50 250.00 applicable statutes, case law and facts, prepared officers to provide testimony and attended hearing on preliminary probable cause. Total Professional Services 390.00 Rate Summary Eve A. Boutsis 3.90 hours at $100.00 /hr ` 390.00 Total hours: 3.90 Expenses Parking Charge 8.00 2/27/2001 Court reporter 75.00 Sub - total Expenses: 83.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -075 Statement No.: 8870 Page: 2 Payments 2/16/2001 Payment Ck #31147 ($13386.78) 984.78 Sub -total Payments: 984.78 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 390.00 83.00 473.00 1,037.78 984.78 526.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. � � CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED �� 1�NAGTN P��]� TGTTERED Attorneys & Counselors ' 3225 Aviation Avenue, Suite 3O1 &YkaD1i Florida 33133 Telephone: (305) 5�� ' _,___' Facsimile: (305) � 351 ' CUod K8�n�hS o�O�8cun- ` . 2001 ' Matter �: 0022-077 City of South Ch Manager En�o iJ-Cu K8�nl "p'�'v«��pS� 6130 Sunset City of South Miami, FL 33143 Drive Statement No. 0872 Mileage Sub-total Expenses: 3.50 is 10 Payment _ _,_ ___,..~,./.~__, days "" receipt of any questions you have regarding this invoice. |n�mo at �mor�5m�rmunm*mbenha�ed�poymen �mu��wedw�� --� ~~ Hours Amount 2/7/2001 EAB Analysis of variou documents filed with the Dade Counb/ 4`00 60000 Recording regarding priority of|ieno.nur�berofC�GK8 liens, -` .na{eooe of liens, and began drafting answer to complaint of fo ec| ure. 2/8/2001 BAB Continued preparing ' prepared question/memorandum to 2.00 300.00 code enforcement regarding number of liens on property. 2/20/2001 EAB Prepared memorandum on all U filed by CSM 0.50 75.00 r~r~'^y prepared various email ""'."'' twucoregarding this nb analysis of ' � ' ^ nn|atakanlegal deachoboninO8K8'o' liens. 2/21/2001 EA8 Fl /� �=�m/*w�/oo/onauunem000n c memo randum randumtofi|o 050 7500 that provides a listing of all liens and amounts. 2/21/2001 REC Delivered Miami's Code 1.00 20.00 Enforcement department and Filed CSM's answers to the Complaint at Miami-Dade County Courthouse. Total Professional Services 1.070.00 Rate Summary Eve A. Ooutsio 7.00 hours sd$15O.00/hr 1.050.00 Rose E.Cadenhead 1.00 hours ot$ 30.00/hr ' 20.00 Total houno: 8.00 Expenses Mileage Sub-total Expenses: 3.50 is 10 Payment _ _,_ ___,..~,./.~__, days "" receipt of any questions you have regarding this invoice. |n�mo at �mor�5m�rmunm*mbenha�ed�poymen �mu��wedw�� --� ~~ r' Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -077 Statement No.: 8872 Page: 2 For Professional Services 1,070.00 For Disbursements Incurred 3.50 Current Balance: 1,073.50 Previous Balancer 0.00 Payments - Thank you 0.00 Total Due 1,073.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 9 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305)854 -5351 Charles D. Scurr March 9, 2001 Matter ID: 0022 -078 City Manager. City of South Miami James Woodard vs. City of ' 6130 Sunset Drive Statement No. 8941 City of South Miami, FL 33143 Hours Amount 2/20/2001 EGG Reviewed class action complaint by Woodard, et al., against city 1.60 280.00 and Miami -Dade County to recover parking fines for tickets written in unincorporated area adjacent to city; telephone conference with Mr. Scott Fabricus, ass't. county attorney, and telephone call to Mr. Ron Stroyne regarding interlocal agreements; reviewed State Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Uniform Traffic Code. 2/21/2001 SSD Reviewed complaint; researched law regarding pleading 2.00 300.00 requirements relating to class action allegations; prepared memorandum regarding the same. 2/21/2001 EGG Analyzed 1973 interlocal agreement regarding enforcement of 2.20 385.00 parking regulations in county; telephone conference with Mr. Fabricius regarding filing motion to dismiss complaint and motion for protective order; interviewed Mr. Ron Stroyne regarding ownership of meters and record retentions policy; evaluated county's motion to dismiss complaint and motion for protective order on discovery requests. 2/22/2001 EAB Analysis of caselaw cited by county, analyzed possible affirmative 2.00 300.00 defenses and prepared memorandum enclosing comments on affirmative defenses; conducted legal research on sovereign immunity and estoppel arguments. 2/22/2001 EGG Attention to adequacy of class action allegations with particular 0.30 52.50 attention to potential motion to dismiss. 2/22/2001 EGG Reviewed retention /destruction schedule for parking tickets. ' 0.20 35.00 2/26/2001 REC Filed Notice of Hearing at the Miami -Dade County Circuit Court. 0.75 15.00 2/26/2001 EGG Prepared motion to dismiss complaint and motion for protective 1.50 262.50 order on discovery requests. Total Professional Services 1,630.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022-078 Statement No.: 8941 Page: 2 Rate Summary Expenses Eve A. Boutsis 2.00 hours at $150.00/hr Rose E. Cadenhead 0.75 hours at$ 20.00/hr Stacey S. Dawes 2.00 hours at $150.00/hr Earl G. Gallop 5.80 hours at $175.00/hr Total hours: 10.55 300.00 15.00 300.00 1,015.00 Parking Charge 3.00 Mileage 3.00 Sub-total Expenses: 6.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 1,630.00 6.00 1,636.00 0.00 0.00 Total Due 1,636.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. f CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Finance Director Matter ID: 0022 -079 City of South Miami Forfeiture of 1992 Blue Acura 6130 Sunset Drive Statement No. 8874 City of South Miami, FL 33143 Hours Amount 2/21/2001 EAB Analysis of police report and prepared notice of action. 1.00 100.00 2/26/2001 EAB Various email communications with AC Feldman and Detective 0.10 10.00 Barrio regarding claimant's prior criminal history. 2/28/2001 EAB Prepared complaint, motion and memorandum of law on probable 2.50 250.00 cause, verified affidavit, nonmilitary service request, and discovery requests, analysis of police report and criminal record of claimant. Rate Summary Eve A. Boutsis Total Professional Services 360.00 3.60 hours at $100.00 /hr 360.00 Total hours: 3.60 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions, you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. b Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -079 Statement No.: 8874 Page: 2 For Professional Services 360.00 For Disbursements Incurred 0.00 Current Balance: 360.00 ' Previous Balance: 0.00 Payments -Thank you 0.00 j Total Due 360.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Hakeem Oshikoya March 9, 2001 Finance Director Matter ID: 0022 -080 City of South Miami Forfeiture of $5,000 US Currency 6130 Sunset Drive Statement No, 8875 City of South Miami, FL 33143 Hours Amount 2/28/2001 EAB Analysis of police report and prepared notice of action, and various 0.60 60.00 email communications with Mr. Barrio regarding location of claimants. Rate Summary Eve A. Boutsis Total hours: For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Professional Services 60.00 0.60 hours at $100.00 /hr 60.00 0.60 .1 11 1 11 60.00 0.00 0.00 Total Due 60.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. w f" W 7-y� • INCbRPORATER � i92 R fitUR� Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: March 20, 2001 and City Commission Agenda Item A e. • From: Charles Scurr R g City Manager Support of Thoroughbred Racing at Hialeah Park REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THOROUGHBRED RACING; PETITIONING THE FLORIDA LEGISLATURE TO GRANT EQUAL OPPORTUNITY TO HIALEAH PARK WITH " THE ISSUANCE OF NON CONFLICTING RACING DATES WITH ANY OTHER RACING FACILITY IN SOUTH FLORIDA, TO CONTINUE ITS SERVICE TO THE COMMUNITY; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina petitions the Florida Legislature to grant equal opportunity to Hialeah Park with the issuance of non conflicting racing dates with any other racing facility in South Florida, in 'order to continue its service to the community. Hialeah Park is threatened and forced to close, which would end racing in this area, as a result of legislation, which will expire June 30, 2001. The only hope that Hialeah Park has is the support of the community in South Florida. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THOROUGHBRED RACING; PETITIONING THE FLORIDA LEGISLATURE TO GRANT EQUAL OPPORTUNITY TO HIALEAH PARK WITH THE ISSUANCE OF NON CONFLICTING RACING DATES WITH ANY OTHER RACING FACILITY IN SOUTH FLORIDA, TO CONTINUE ITS SERVICE TO THE COMMUNITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, for over 75 years, Hialeah Park has been the Centerpiece of Thoroughbred Racing in the Miami -Dade County area; and WHEREAS, the State of Florida is among the tops of the nation in the breeding, training and racing of thoroughbreds; and WHEREAS, Hialeah Park has an economic impact on the City of Hialeah, as well as Miami - Dade County; and ` WHEREAS, Hialeah Park is recognized throughout the world for it's world class racing; and WHEREAS, Hialeah Park is designated a Bird Sanctuary by the National Audubon Society for its world famous pink flamingos; and WHEREAS, Hialeah Park is wildly considered the World's Most Beautiful Race Track. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the City Commission hereby petition the Florida Legislature to grant equal opportunity to Hialeah Park with the issuance of non conflicting racing facility in South Florida, to continue its service to the community. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 32001. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ever-striking. IIIALEAH, INC. P.O. BOX 158 • HIALEAH, FLORIDA 33011 • (305) 885 -8000 o FAX; (305) 887 -8006 JOHN J. BRUNE171 CHAIRMAN OF THE BOARD March 2, 2001 Honorable Julio Robaina 6130 Sunset Drive South Miami, FL 33143 Dear Mayor Robaina: For over 75 years, Hialeah Park has been the centerpiece of Thoroughbred Racing in the Miami -Dade County area. Not only was racing begun in Florida, at Hialeah Park in 1925, but the tradition, prestige and beauty of the "World's Most Beautiful Race Course" reminds the country of a racing treasure. Now, Hialeah Park is threatened to be forced to close, and end racing, as a result of legislation to expire June 30, 2001. The only hope that Hialeah Park has to continue is the support of your and other communities in South Florida. We respectfully request that you consider the passage of a Resolution we can carry to the State Legislature voicing your support for Hialeah Park to continue its tradition and be given a fair and equitable opportunity to conduct Thoroughbred racing in the future. The threat from the out - of -state corporate conglomerates is upon us. We thank you for your support, in the past, and we hope you will support us now. This is truly a grave situation. Hoping we will hear from you. WHEREAS, the State of Florida is among the tops of the nation in the breeding, training and racing of thoroughbreds; and WHEREAS, Hialeah Park was the first winter attraction to the State of Florida, dating back to 1925 and marked the beginning of South Florida's tourist season; and WHEREAS, Hialeah Park has an economic impact on the City of Hialeah, as well as Miami-Dade County-, and WHEREAS, Hialeah Park is recognized throughout the world for it's world class racing; and WHEREAS, Hialeah Park is designated a Bird Sanctuary by the National Audubon Society for it's world famous pink flamingos; and WHEREAS, Hialeah Park is wildly considered the World's Most Bea-uffd Race Track. THEREFORE, be it resolved that we, the City of do hereby petition the Florida Legislature to grant equal opportunity to Hialeah Part with the issuance of non conflicting racing dates, with any other racing facility in South Florida, to continue its service to the community. -7 - CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: March 14, 2001` and City Commission FROM: Charles Scurr, Re: Agenda Item # t City Manager &"a'fo� Comm. Mtg 03/20/01 Mutual Agreement REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF HALLANDALE POLICE DEPARTMENT, ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES. BACKGROUND AND ANALYSIS Florida State Statutes (Chapter 23) authorize the governing body of municipalities to empower the chief executive officer of the municipality to enter into agreements for shared law enforcement services in times of specific need. This agreement allows the Police Department to draw upon resources in furtherance of the law enforcement mission, including personnel and equipment, as well as providing for reciprocity. RECOMMENDATION Approval is recommended. CS /GF /sh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CITY OF HALLANDALE POLICE DEPARTMENT, ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO , SECTION 23.1225 (3), FLORIDA STATUTES. WHEREAS, Chapter 23, Florida Statutes, the Florida Mutual Aid Act, requires the authorization by the governing body of the municipality before a Mutual Aid Agreement may be entered into by the Mayor or the chief executive officer of the municipality on behalf of a law enforcement agency; and WHEREAS, there is the existing and continuing possibility of the occurrence of law enforcement problems and other natural -and man -made conditions which are or are likely to be beyond the control of the services, personnel, equipment or facilities of the City of South Miami and/or the aforementioned entity, and WHEREAS, to meet the responsibility of the respective governments to ensure the public safety of their citizens by providing adequate` levels of police services, preparation must be ensured to protect the public peace and safety and to preserve the lives and property of the people in the listed jurisdictions; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager of the City of South Miami is authorized to enter into a Mutual Aid Agreement in a form acceptable to the City Attorney, with the City of Hallandale' Police Department on behalf of the City of South Miami Police Department pursuant to Section 23.1225 (3), Florida Statutes. Section 2. That this resolution be effective immediately after adoption hereof. 40 PASSED AND ADOPTED this day of , 2001. 41 42 ATTEST: APPROVED: 43 44 45 46 CITY CLERK MAYOR 47 48 Commission Vote: 49 READ AND APPROVED AS TO FORM: Mayor Robaina: 50 Vice Mayor Feliu: 51 Commissioner Russell: 52 Commissioner Bethel: 53 Commissioner Wiscombe: 54 55 56 CITY ATTORNEY 57 58 Page 2 of 2 COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE LAW ENFORCEMENT MUTUAL Am AGREEMENT WITNESSETH Whereas, the subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi-jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the citizens; and, (2) Intensive situations, including, but not limited to, natural or manmade disasters or emergencies as defined under Section 252.34, Florida Statutes; and, Whereas, the South Miami Police Department and the City of Hallandale Police Department have the authority under Section 23.12, Florida Statutes, et seq., THE FLORIDA MUTUAL Am ACT, to enter into a mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional fines; and, (2) Provides for rendering of assistance in a law enforcement emergency. Now, therefore, the parties agree as follows: SECTION I. PROVISIONS FOR VOLUNTARY COOPERATION Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, burglaries, thefts, gambling, motor vehicle thefts, controlled substances violations, DUI violations and with backup services during patrol activities, school resource officers on official duty out of their jurisdiction, school safety officers enforcing laws within 1000 feet of a school, and inter-agency task forces and/or joint investigations. SECTION 11. PRovisioNs FOR OPERATIONAL ASSISTANCE Each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, law enforcement emergencies, large protest demonstrations, aircraft disasters, fires, hurricanes, tornadoes or other weather-related crises, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units (such as bomb disposal units or special weapons and tactics units). SECTION III. PROCEDURE FOR REQUESTING ASSISTANCE In the event that a party to this agreement is in need of assistance as set forth above, an authorized representative of the agency requesting assistance shall notify the agency head or his/her designee from whom such assistance is requested. The agency head or authorized agency representative whose assistance is sought shall evaluate the situation and the agency's available resources, consult with his/her supervisors if necessary and will respond in a manner he /she deems appropriate. The agency head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. Should a sworn law enforcement officer be in another subscribed agency's jurisdiction for matters of a'routine nature, such as traveling through the jurisdiction on routine business, attending a meeting or going to or from work, or transporting a prisoner, and a violation of Florida Statutes occurs in the presence of said party, representing his/her respective agency, he /she shall be empowered to render enforcement assistance and act in accordance with law. Should enforcement action be taken, said party shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but ` not limited to, a follow -up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life - threatening or public safety situations, prevent bodily injury to citizens, or secure apprehension of criminals whom the' law enforcement officer may encounter. The agency head's decision in these matters shall be final. SECTION IV. COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a, supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. CONFLICTS: Whenever an officer, deputy sheriff or other appointee is rendering assistance pursuant to this agreement, the officer, deputy sheriff or appointee shall abide by and! be subject to the rules and regulations,' personnel policies, general orders and standard operating procedures of his/her own employing agency. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, personnel policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this agreement, the agency head or his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 2 1. The identity of the complainant. 2. An address where the complaining party can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard as to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information, with all pertinent documentation gathered during the receipt and processing of the complaint, shall be forwarded without delay to the agency head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V. LIABILITY Each party engaging in any mutual cooperation and assistance, pursuant to this agreement, agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while engaged in rendering such aid pursuant to this agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI. POWERS, PRIVILEGES, ImmuNITIES AND COSTS A. Employees of the South Miami Police Department and the City of Hallandale Police Department when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside this state, under the terms of this agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties,, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each party agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other party to the agreement as set forth above; provided, however, that no party shall, be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such aid. C. A political subdivision that furnishes equipment pursuant to this agreement must bear . the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. D. The agency furnishing aid pursuant to this agreement shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. However, the requesting agency may compensate the assisting agency during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering aid pursuant to this agreement. E. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death 3 ''i In witness whereof, the parties hereto cause these presents to be signed on the date specified. Chief of Police Chief of Police South Miami Police Department Hallandale Police Department Date Date City Manager City Manager Date Date City Attorney City Attorney Date Date - CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Comm'n. Date: March 16, 2001 From: Earl G. Gallop, City Attorney �'-6 Re: Primary Safety Belt Law Resolution (Comm'r. Russell) Subject: A resolution urging the Florida Legislature to pass a safety belt law during the 2001 legislative session to reduce the number and the severity of injuries to Florida motorists. Discussion: In Florida, the driver of a vehicle, front seat passengers and all minors under the age of 16 must wear seat belts. However, law enforcement officers may not stop motorists for failing to wear seat belts. A motorist may be ticketed for the offense (secondary offense) only if he or she is stopped for another offense (primary offense). Florida has a poor record for seat belt use. In 1998, according to the National Highway Traffic Safety Administration, the average seat belt use rate in Florida was 57 %. In primary law enforcement states the average rate was 79 %, and in secondary law enforcement states the average was 62 %. It is believed that by making Florida a primary seat belt enforcement state, the rate of usage will increase, and the number and severity of serious injuries will be significantly reduced. Copies of H0067, committee report and bill history are attached. Recommendation: Approve the resolution. 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 PUBLIC SAFETY URGING THE 2001 SESSION OF THE 7 FLORIDA LEGISLATURE TO APPROVE A PRIMARY SAFETY 8 BELT LAW; PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the Mayor and City Commission of the City of South Miami 12 are charged with promoting, protecting and maintaining the public health, safety 13 and welfare; and, 14 15 WHEREAS, in the State of Florida, drivers of motor vehicles, front seat 16 passengers and all minors under the age of 16 must wear seat belts when the motor 17 vehicle is in operation; and, 18 19 WHEREAS, it is a secondary offense for a driver, front seat passenger or 20 minor under the age of 16 to not wear a seat belt when a motor vehicle is in 21 operation; that is, motorists may not be stopped and ticketed by a law enforcement 22 officer solely because of failure to wear a seat belt and, 23 24 WHEREAS, the National Highway Traffic Safety Administration, the 25 average seat belt use rate in 1998 in Florida was 57 %, in primary law enforcement 26 states the average rate was 79 % and in secondary law enforcement states the 27 average was 62 %; and, 28 29 WHEREAS, the use of seat belts significantly reduces the risk of serious 30 harm and the severity of injuries in a accident; and, 31 32 WHEREAS, primary seat belt laws were introduced in the 2000 legislative 33 session (S0316 H0561) but died in committee and similar bills have been 34 introduced in the 2001 legislative session (S 1288;H0067); and, 35 36 WHEREAS, the Mayor and City Commission desire to encourage the 37 Florida Legislature to pass a primary safety belt law to reduce the number and the 38 severity of injuries to Florida motorists. 39 40 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 42 Additions shown by underlining and deletions shown by everstr-ildng. 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 Section 1. The Florida Legislature is strongly encouraged to pass a primary safety belt law during the 2001 legislative session to reduce the number and the severity of injuries to Florida motorists. Section 2. The City Clerk shall transmit copies of this resolution to the President of the Florida Senate, the Speaker of the Florida House, members of the Miami -Dade County legislative delegation, the Florida League of Cities and the Dade County League of Municipalities. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 20th day of March, 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: \\Dell_61000ocumentsTity of South Miami \0022- 001 \9090.doc Page 2 of 2 STORAGE NAME: h0067sl.cpcs.doc DATE: January 23, 2001 HOUSE OF REPRESENTATIVES COMMITTEE ON CRIME PREVENTION, CORRECTIONS & SAFETY ANALYSIS BILL #: CS /HB 67 RELATING TO: Florida Safety Belt Law SPONSOR(S): Committee on Crime Prevention, Corrections & Safety and Representatives Slosberg, Priequez and Others TIED BILL(S): ORIGINATING COMMITTEE(S) /COMMITTEE(S) OF REFERENCE: (1) CRIME PREVENTION, CORRECTIONS & SAFETY YEAS 8 NAYS 1 (2) INSURANCE (3) TRANSPORTATION (4) TRANSPORTATION & ECONOMIC DEVELOPMENT APPROPRIATIONS (5) COUNCIL FOR HEALTHY COMMUNITIES L SUMMARY: Current law requires a motor vehicle operator, front seat passengers, and all passengers under 18 years of age to wear seat belts. The "Florida Safety Belt Law" is enforced as a secondary offense; that is, law enforcement officers cannot stop motorists solely for not using their seat belts. Instead, the officer must first stop the motorist for a suspected violation of state traffic, motor; vehicle, or driver license laws before the officer can issue a uniform traffic citation for failure to wear a seat belt. The Committee Substitute for HB 67 amends the "Florida Safety Belt Law" to provide for primary enforcement of the seat belt law. Under this bill, law enforcement officers would be authorized to stop motorists and issue citations for a safety belt violation. A person who violates this provision would be cited for a nonmoving violation, punishable by a fine of $30. Furthermore, the Committee Substitute requires all passengers in a motor vehicle to be restrained by a safety belt when the vehicle is in motion. It clarifies current exemptions to the safety belt law and provides that the passengers of a motor vehicle in excess of the number of safety belts installed by the manufacturer are exempt from the provisions of the safety belt law. The Committee Substitute, however, prohibits a law enforcement officer from searching or inspecting the vehicle, its contents, or the driver based solely upon this violation. Although primary enforcement of safety belt violations may result in an increase of citations, the potential fiscal impacts are unknown. The Committee Substitute has an effective date of July 1, 2001. STORAGE NAME: h0067sl.cpcs.doc DATE: January 23, 2001 PAGE: 2 II. SUBSTANTIVE ANALYSIS: A. DOES THE BILL SUPPORT THE FOLLOWING PRINCIPLES: 1. Less Government Yes 0 No [x] N/A 0 Law enforcement would be authorized to stop motor vehicles for a violation of the Florida Safety Belt Law as a primary, rather than 'a secondary, violation. 2. Lower Taxes Yes p No 0 N/A [x] 3. Individual Freedom Yes 0 No [x] N/A 0 See above. 4. Personal Responsibility Yes p No 0 N/A [x] 5. Family Empowerment Yes [] No 0 N/A [x] B. PRESENT SITUATION: Section 316.614, F.S., the "Florida Safety Belt Law," requires a motor vehicle operator, front seat passengers, and all passengers under 18 years of age to wear seat belts. The "Florida Safety Belt Law" is enforced as a secondary offense; that is, law enforcement officers cannot stop motorists solely for not using their seat belts.- Instead, the officer must first stop the motorist for a suspected violation of Chapters 316, 320, or 322, F.S., before the officer can issue a uniform traffic citation for failure to wear a seat belt. Although the "Florida Safety Belt Law" is enforced as a secondary offense, the child restraint requirements of s.316.613, F.S., are enforced as a primary offense. The law requires all children 5 years of age and younger being transported in a motor vehicle to be restrained in a carrier, integrated car seat, or seat belt. Motorists are subject to being stopped by a law enforcement officer for failure to comply with this requirement. The penalty for failure to wear a seat belt is $30, plus add -ons and court costs. Revenues collected from citations issued for seat belt violations are distributed like other citation revenues, pursuant to s. 318.21, F.S. except $5 for each citation paid is directed to the Epilepsy Services Trust Fund. There are, however, exceptions for when seat belts are required to be worn. For example, persons who deliver newspapers on home delivery routes are not required to wear seat belts during the course of their employment. Also, undercurrent law, the front seat passengers of a pickup truck in excess of the number of seat belts installed in the front seat are not required to wear a seat belt. Currently, there is no language in the "Florida Safety Belt Law statute which relates to searches and inspections of a motor vehicle, its contents, or the driver by a law enforcement officer for a traffic stop which results in a secondary violation of s. 316.614, F.S. C. EFFECT OF PROPOSED CHANGES: This Committee Substitute for HB 67 amends the "Florida Safety Belt Law" to provide for primary enforcement of the seat belt law. Under the Committee Substitute, law enforcement officers would be authorized to stop motorists and issue citations for seat belt violations. STORAGE NAME: h0067s1.cpcs.doc DATE: January 23, 2001 PAGE: 3 The Committee Substitute requires all passengers in a motor vehicle to wear a seat belt, in the front and back seats, when the vehicle is in motion. Current law requires all front seat passengers to wear a seat belt, but back seat passengers are not required to wear seat belts unless they are under 18. The Committee Substitute broadens the exemption for excess passengers in a vehicle. Current law provides that "front seat passengers of a pickup truck" in excess of the number of seat belts installed are not required to wear a seat belt; the Committee Substitute expands this exemption to "passengers of a motor vehicle" in excess of seat belts installed by the manufacturer. The amendment, however, does not conflict with current law under Paragraph (d) of subsection (6) of 316.614, F.S., which excludes the living quarters of a recreational vehicle or a space within a truck body primarily intended for merchandise or property. Section 316.2015, F.S. provides regulations for persons riding on the exterior of a vehicle and also provides an exclusion for persons riding within truck bodies in space intended for merchandise. The Committee Substitute also clarifies exemptions to the safety belt law under s. 316.614(5) by specifying, "The following are not required to be restrained by a safety belt." In order to conform to primary enforcement provisions, a reference to the requirements of federal safety standards is deleted in the Committee Substitute under s. 316,614(2). The Committee Substitute prohibits a law enforcement officer from searching or inspecting the vehicle, its contents, or the driver based solely upon this violation. D. SECTION-BY-SECTION ANALYSIS: Section 1: Cites the act as the "Dori Slosberg Act of 2001." Section 2: Deletes s. 316.614(2) to conform to provisions of primary enforcement; requires all passengers in a motor vehicle be restrained by a safety belt when the vehicle is in motion; clarifies exemptions to safety belt law; exempts passengers of a motor vehicle in excess of the number of safety belts installed by the manufacturer; provides for primary enforcement of the safety belt law; provides limits on law enforcement's authority to search or inspect a motor vehicle, its contents, the driver, or a passenger based solely on a seat belt violation. Section 3: Provides an effective date of July 1, 2001. III. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT: A. FISCAL IMPACT ON STATE GOVERNMENT: Revenues: See Fiscal Comments. 2. Expenditures: See Fiscal Comments. STORAGE NAME: h0067sl.cpcs.doc DATE: January 23, 2001 PAGE: 4 B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: N/A 2. Expenditures: N/A C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: N/A D. FISCAL COMMENTS: Although primary enforcement of safety belt violations may result in an increase of citations, the potential fiscal impacts are unknown. IV. CONSEQUENCES OF ARTICLE VII, SECTION 18 OF THE FLORIDA CONSTITUTION: A. APPLICABILITY OF THE MANDATES PROVISION: The Committee Substitute does not require counties or municipalities to spend funds or take action requiring the expenditure of funds. B. REDUCTION OF REVENUE RAISING AUTHORITY: The Committee Substitute does not reduce the authority that municipalities or counties have to raise revenues in the aggregate. C. REDUCTION OF STATE TAX SHARED WITH COUNTIES AND MUNICIPALITIES: This Committee Substitute does not reduce the percentage of a state tax shared with counties or municipalities. V. COMMENTS: A. CONSTITUTIONAL ISSUES: The provision in this bill prohibiting an officer from searching or inspecting "a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section" is a restatement of existing law. A lawful stop by an officer to enforce the provisions of this section would still be subject to all of the protections of the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution. B. RULE- MAKING AUTHORITY: None. A STORAGE NAME: h0067sl.cpcs.doc DATE: January 23, 2001 PAGE: 5 C. OTHER COMMENTS: According to the National Highway Traffic Safety Administration ( NHTSA), as of March 1999, the average seat belt use rate in the 19 states (including the District of Columbia and Puerto Rico) which have laws that permit primary enforcement is 12 percentage points higher than the average of those states which permit only secondary enforcement. The average use rate among primary law enforcement states in 1999 was 73 percent and the average use rate among secondary law enforcement states in 1999 was 61 percent. In Florida, the NHTSA reported that the average safety belt use rate was 57 percent for the same period in 1999. According to the Department of Highway Safety and Motor Vehicles (DHSMV),this bill would strengthen Florida's Safety Belt Law by increasing compliance and, thereby reducing the number of deaths and injuries associated with failure to wear !a seat belt. DHSMV`s records indicate that 313,684 citations were issued in Florida for seat belt violations during calendar year 1999. The language amending subsection (5)(d) would conflict with current law that requires each passenger under the age of 18 to be restrained by a safety belt or child restraint device no matter where in the car they are sitting. If there are more children than safety belts, then there may not be a violation of this section. VI. AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES: Representative Slosberg offered a strike- everything amendment in the February 22, 2001 meeting of the Committee on Crime Prevention, Corrections and Safety. The amendment requires all passengers in a motor vehicle to wear a seat belt, in the front and back seats. The Committee Substitute also broadens exemptions to the safety belt law. Current law provides "front seat passengers of a pickup truck" in excess of the number of seat belts installed by the manufacturer` are exempt; the committee substitute expands the exclusion to "passengers of a motor vehicle" in excess of seat belts installed by the manufacturer. The Committee Substitute also deletes references to federal requirements to conform to primary enforcement provisions and clarifies, exemptions to the safety belt law under current law. The strike- everything amendment was then engrossed in the bill in the form of a committee substitute. VII. SIGNATURES: COMMITTEE ON CRIME PREVENTION, CORRECTIONS &SAFETY: Prepared by: Staff Director: Lynn Dodson David De La Paz m .,) -�-l.- -gym rt ,, r,.. STORAGE NAME: h0067sl .cpcs.doc DATE: January 23, 2001 HOUSE OF REPRESENTATIVES COMMITTEE ON CRIME PREVENTION CORRECTIONS & SAFETY ANALYSIS BILL #: CS /HB 67 RELATING TO: Florida Safety Belt Law SPONSOR(S): Committee on Crime Prevention, Corrections & Safety and Representatives Slosberg, Priequez and Others TIED BILL(S): ORIGINATING COMMITTEES) /COMMITTEE(S) OF REFERENCE: (1) CRIME PREVENTION, CORRECTIONS & SAFETY YEAS 8 NAYS 1 (2) INSURANCE (3) TRANSPORTATION (4) TRANSPORTATION & ECONOMIC DEVELOPMENT APPROPRIATIONS (5) COUNCIL FOR HEALTHY COMMUNITIES L SUMMARY: Current law requires a motor vehicle operator, front seat passengers, and all passengers under 18 years of age to wear seat belts. The "Florida Safety Belt Law" is enforced as a secondary offense; that is, law enforcement officers, cannot stop motorists solely for not using their seat belts. instead, the officer must first stop the motorist for a suspected violation of state traffic, motor vehicle, or driver license laws before the officer can issue a uniform traffic citation for failure to wear a seat belt. The Committee Substitute for HB 67 amends the "Florida Safety Belt Law" to provide for primary enforcement of the seat belt law. Under this bill, law enforcement officers would be authorized to stop motorists and issue citations for a safety belt violation. A person who violates this provision would be cited for a nonmoving violation, punishable by a fine of $30. Furthermore, the Committee Substitute requires all passengers in a motor vehicle to be restrained by a safety belt when the vehicle is in motion. It clarifies current exemptions to the safety belt law and provides that the passengers of a motor vehicle in excess of the number of safety belts installed by the manufacturer are exempt from the provisions of the safety belt law. The Committee Substitute, however, prohibits a law enforcement officer from searching or inspecting the vehicle, its,contents, or the driver based solely upon this violation. Although primary enforcement of safety belt violations may result in an increase of citations, the potential fiscal impacts are unknown. The Committee Substitute has an effective date of July 1, 2001 ,- FqT,. STORAGE NAME: h0067sl.cpcs.doc DATE: January 23, 2001 PAGE: 2 IL SUBSTANTIVE ANALYSIS: A DOES THE BILL SUPPORT THE FOLLOWING PRINCIPLES: 1. Less Government Yes 0 No [x] N/A a Law enforcement would be authorized to stop motor vehicles for a violation of the Florida Safety Belt Law as a primary, rather than a secondary, violation. 2. Lower Taxes Yes 0 No 0 N/A [x] 3. Individual Freedom Yes 0 No [x] N/A 0 See above: 4. Personal Responsibility Yes 0 No 0 N/A [x] 5. Family Empowerment Yes 0 No 0 N/A [x] B. PRESENT SITUATION: Section 316.614, F.S., the "Florida Safety Belt Law," requires a motor vehicle operator, front seat passengers, and all passengers under 18 years of age to wear seat belts. The "Florida Safety Belt Law" is enforced as a secondary offense; that is, law enforcement officers cannot stop motorists solely for not using their seat belts. Instead, the officer must first stop the motorist for a suspected violation of Chapters 316, 320, or 322, F.S., before the officer can issue a uniform traffic citation for failure to wear a seat belt. Although the "Florida Safety Belt Law" is enforced as a secondary offense, the child restraint requirements of s.316.613, F.S., are enforced as a primary offense. The law requires all children 5 years of age and younger being transported in a motor vehicle to be restrained in a carrier, integrated car seat, or seat belt. Motorists are subject to being stopped by a law enforcement officer for failure to comply with this requirement. The penalty for failure to wear a seat belt is $30, plus add -ons and court costs. Revenues collected from citations issued for seat belt violations are distributed like other citation revenues, pursuant to s. 318.21, F.S. except $5 for each citation paid is directed to the Epilepsy Services Trust Fund. There are, however, exceptions for when seat belts are required to be worn. For example, persons who deliver newspapers on home delivery routes are not required to wear seat belts during the course of their employment. Also, under current law, the front seat passengers of a pickup truck in excess of the number of seat belts installed in the front seat are not required to wear s seat belt. Currently, there is no language in the "Florida Safety Belt Law" statute which relates to searches and inspections of a motor vehicle, its contents, or the driver by a law enforcement officer for a traffic stop which results in secondary violation of s. 316.614, F.S. C. EFFECT OF PROPOSED CHANGES: This Committee Substitute for HB 67 amends the "Florida Safety Belt Law" to provide for primary enforcement of the seat belt law. Under the Committee Substitute, law enforcement officers would be authorized to stop motorists and issue citations for seat belt violations. STORAGE NAME: h0067sl .cpcs.doc DATE: January 23, 2001 PAGE: 3 The Committee Substitute requires all passengers in a motor vehicle to wear a seat belt, in the front and back seats, when the vehicle is in motion. Current law requires all front seat passengers to wear a seat belt, but back seat passengers are not required to wear seat belts unless they are under 18. The Committee Substitute broadens the exemption for excess passengers in a vehicle. Current law provides that "front seat passengers of a pickup truck" in excess of the number of seat belts installed are not required to wear a seat belt; the Committee, Substitute expands this exemption to "passengers of `a motor vehicle" in excess of seat belts installed by the manufacturer. The amendment, however, does not conflict with current law under Paragraph (d) of subsection (6) of 316.614, F.S., which excludes the living quarters of a recreational vehicle or a space within a truck body primarily intended for merchandise or property. Section 316.2015, F.S. provides regulations for persons riding on the exterior of a vehicle and also provides an exclusion for persons riding within truck bodies in space intended for merchandise. The Committee Substitute also clarifies exemptions to the safety belt law under s. 316.614(5) by specifying, "The following are not required to be restrained by safety belt." In order to conform to primary enforcement provisions, a reference to the requirements of federal safety standards is deleted in the Committee Substitute under s. 316.614(2). The Committee Substitute prohibits a law enforcement officer from searching or inspecting the vehicle, its contents, or the driver based solely upon this violation. D. SECTION-BY-SECTION ANALYSIS: Section 1: Cites the act as the "Dori Slosberg Act of 2001." Section 2: Deletes s. 316.614(2) to conform to provisions of primary enforcement; requires all passengers in a motor vehicle be restrained by a safety belt when the vehicle is in motion; clarifies exemptions to safety belt law; exempts passengers of a motor vehicle in excess of the number of safety belts installed by the manufacturer; provides for primary enforcement of the safety belt law; provides limits on law enforcement's authority to search or inspect a motor vehicle, its contents, the driver, or a passenger based solely on a seat belt violation. Section 3: Provides an effective date of July 1, 2001. III. FISCAL ANALYSIS', & ECONOMIC IMPACT STATEMENT: A FISCAL IMPACT ON STATE GOVERNMENT: Revenues: See Fiscal Comments. 2. Expenditures: See Fiscal Comments. STORAGE NAME: h0067sl.cpcs.doc DATE: January 23, 2001 PAGE: 4 B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: N/A 2. Expenditures: N/A C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: N/A D. FISCAL COMMENTS: Although primary enforcement of safety belt violations may result in an increase of citations, the potential fiscal impacts are unknown. IV. CONSEQUENCES OF ARTICLE VII, SECTION 18 OF THE FLORIDA CONSTITUTION: A APPLICABILITY OF THE MANDATES PROVISION: The Committee Substitute does not require counties or municipalities to spend funds or take action requiring the expenditure of funds. B. REDUCTION OF REVENUE RAISING AUTHORITY: The Committee Substitute does not reduce the authority that municipalities or counties have to raise revenues in the aggregate. C. REDUCTION OF STATE TAX SHARED WITH COUNTIES AND MUNICIPALITIES: This Committee Substitute does not reduce the percentage of a state tax shared with counties or municipalities. V. COMMENTS: A CONSTITUTIONAL ISSUES: The provision in this bill prohibiting an officer from searching or inspecting "a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section" is a restatement of existing law. A lawful stop by an officer to enforce the provisions of this section would still be subject to all of the protections of the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution. B. RULE - MAKING AUTHORITY: None. x,F 7 k � , STORAGE NAME: h0067sl.cpcs.doc DATE: January 23, 2001 PAGE: 5 C. OTHER COMMENTS: According to the National Highway Traffic Safety Administration (NHTSA), as of March 1999, the average seat belt use rate in the 19 states ( including the District of Columbia and Puerto Rico) which have laws that permit primary enforcement is 12 percentage points higher than the average of those states which permit only secondary enforcement. The average use rate among primary law enforcement states in 1999 was 73 percent and the average use rate among secondary law enforcement states in 1999 was 61 percent. In Florida, the NHTSA reported that the average safety belt use rate was 57 percent for the same period in 1999. According to the Department. of Highway Safety and Motor Vehicles (DHSMV), this bill would strengthen Florida's Safety Belt Law by increasing compliance and, thereby reducing the number of deaths and injuries associated with failure to wear a seat belt. DHSMV`s records indicate that 313,684 citations were issued in Florida for seat belt violations during calendar year 1999. The language amending subsection (5)(d) would conflict with current law that requires each passenger under the age of 18 to be restrained by a safety belt or child restraint device no matter where in the car they are sitting. If there are more children than safety belts, then there may not be a violation of this section. VI. AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES: Representative Slosberg offered a strike- everything amendment in the February 22, 2001 meeting of the 'Committee on Crime Prevention, Corrections and Safety. The amendment requires all passengers in a motor vehicle to wear a seat belt, in the front and back seats. The Committee Substitute also broadens exemptions to the safety belt law. Current law provides "front seat passengers of a pickup truck" in excess of the number of seat belts installed by the manufacturer are exempt; the committee substitute expands the exclusion to `passengers of a motor vehicie" in excess of seat belts installed by the manufacturer. The Committee Substitute also deletes references to federal requirements to conform to primary enforcement provisions and clarifies exemptions to the safety belt law under current law. The strike- everything amendment was then engrossed in the bill in the form of a committee substitute. VII. SIGNATURES: COMMITTEE ON CRIME PREVENTION, CORRECTIONS & SAFETY: Prepared by: Staff Director: Lynn Dodson David De La Paz Select Year: 2001 Select Chamber: A Guide to the Format of This Page Jump To: Bill Text(2) Amendments(0) Staff malysis(2) Vote History(0) Citations House 0067: Relating to Florida Safety Belt Law H67 GENERAL BILL /CS by Crime Prevention, Corrections & Safety (HCC); Slosberg; Prieguez; (COSPONSORS) Cantens; Gottlieb; Gannon; Romeo; Weissman; Garcia; Meadows; Greenstein; Rich; Justice; McGriff; Machek; BendrossMindingall; Wishner; Henriquez; Paul; Allen; Seiler; Lerner; Betancourt; Ryan; Davis; Gibson; Wilson; Lee; Holloway; Bullard; Fields; Benson; Heyman; Farkas; Peterman; Kallinger; Trovillion; Gelber; Kravitz; Andrews; Diaz de la Portilla; Ausley; Sobel; Brutus (Similar S 1288 )' Florida Safety Belt __ Law ; creates "Dori Slosberg Act of 2001 "; deletes obsolete language; provides for all persons in motor vehicle to wear safety belt; revises said law to eliminate requirement that law be enforced as secondary action when driver of motor vehicle has been detained for another violation; provides restrictions on authority to search based on safety belt violation. Amends 316.614. EFFECTIVE DATE: 07/01/2001. 12/08/00 HOUSE Prefiled 01/12/01 HOUSE Referred to Crime Prevention, Corrections & Safety (HCC); Insurance (CCC); Transportation (RIC); Transportation & Economic Development Appropriations (FRC); Council for Healthy Communities 01/29/01 HOUSE On Committee agenda Crime Prevention, Corrections & Safety (HCC), 02/06/01, 1 :30 pm, 214C Temporarily deferred 02/09/01 HOUSE On Committee agenda Crime Prevention, Corrections & Safety (HCC), 02/22/01, 9:00 am, 116K 02/22/01 HOUSE CS by Crime Prevention, Corrections & Safety (HCC); YEAS 8 NAYS 1 02/28/01 HOUSE Pending review of CS under Rule 6 03/06/01 HOUSE Introduced, referred to Crime Prevention, Corrections & Safety (HCC); Insurance (CCC); Transportation (RIC); Transportation & Economic Development Appropriations (FRC); Council for Healthy Communities HJ 00017; On Committee agenda Crime Prevention, Corrections & Safety (HCC), 02/06/01, 1:30 pm, 214C Temporarily deferred; on Committee agenda Crime Prevention, Corrections & Safety (HCC), 02/22/01, 9:00 am, 116K; CS by Crime Prevention, Corrections & Safety (HCC); YEAS 8 NAYS 1 HJ 00079; CS read first time on 03/06/01 HJ 00072; Pending review of CS under Rule 6 HJ 00079 Bill Text: TO Bill Name Date Posted Available Formats H 0067 12/09/2000 'Web Pa e r PDF H 0067C1 03/01/2001 Web Page A PDF http: / /www. leg .state.fl.us /Session/index.cfin? Mode = Bills &SubMenu =1 &Tab= session &BI M... 3/16/01 .."�'"T'. �7-G `-7 .�7 v. session- >Bills- >Bill %201nfo :H %200067- >Session%202001: Online Sunshine Page 2 of 2 a6 Amendments: (Tan) H 0067: No Amendments Available H 0067C1: No Amendments Available Bill Anal sis: To Analysis ID Sponsor Available Formats h 0067 Crime Prevention, Corrections & Safety „ P D F h 0067sl Crime Prevention, Corrections& Safety & '4 PDF Vote History: (Top) No Vote History Available Citations: To STATUTE CITATIONS:(TQp) NO STATUTE CITATIONS FOUND FOR REQUESTED BILL. --------------------------------------------------------------------- - - - - -- CONSTITUTION CITATIONS: NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 -2001 State of Florida. Contact us. Privacy Statement http: / /www. leg. state. fl. us /Sessionlindex.efn ?Mode = Bills &SubMenu =1 &Tab= session &BI M... 3/16/01 session->Bills: Online Sunshine CODING: Words are deletions; words underlined are additions. 10 11 12 13 14 Florida House of Representatives - 2001 CS/HB 67 By the Committee on Crime Prevention, Corrections & Safety and Representatives Slosberg, Prieguez, Cantens, Gottlieb, Gannon, Romeo, Weissman, Garcia, Meadows, Greenstein and Rich 1 A bill to be entitled 2 An act relating to the Florida Safety Belt Law; 3 creating the "Dori Slosberg Act of 2001"; 4 amending s. 316.614, F.S.; deleting obsolete 5 language; providing for all persons in a motor 6 vehicle to wear a safety belt; revising the 7 Florida Safety Belt Law to eliminate the 8 requirement that the law be enforced as a 9 secondary action when a driver of a motor vehicle has been detained for another violation; providing restrictions on authority to search based on a safety belt violation; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Short title.—This act may be cited as the 18 "Dori Slosberg Act Of 2001.1� ..... ....... . ................ -- .................. I .............. 19 Section 2. Section 316.614, Florida Statutes, is 20 amended to read: Page I of 6 21 316.614 Safety belt usage- 22 (1) This section may be cited as the "Florida Safety http://www.leg.state.fl.us/egi-bin/view_page.pl?Tab=session&Submenu--I&FT=D&File--hbOl... 3/16/01 �-T session- >Bills: Online Sunshine 23 Belt Law." 24 25 26 27 28 29 30 31 CODING: Words are deletions; words underlined are additions. Florida House of Representatives - 2001 CS/HE 67 189- 905 -01 1 2 3 (2)' , L As used in this section: 4 (a) "Motor vehicle" means a motor vehicle as defined 5 in s. 316.003 that is operated on the roadways, streets, and 6 highways of this state. The term does not include: 7 1. A school bus. 8 2. A bus used for the transportation of persons for 9 compensation. 10 3. A farm tractor or implement of husbandry. li 4. A truck of a net weight of more than 5,000 pounds. 12 5. A motorcycle, moped, or bicycle. 13 (b) "Safety belt" means a seat belt assembly that 14 meets the requirements established under Federal Motor Vehicle 15 Safety Standard No. 208, 49 C.F.R. s. 571.208. Page 2 of 6 http: / /www. leg .state.fl.us /cgi- bin/view _page.pl ?Tab= session &Submenu =l &FT =D &File= hb0,... 3/16/01 session- >Bills: Online Sunshine 16 (c) "Restrained by a safety belt" means being 17 restricted by an appropriately adjusted safety belt which is 18 properly fastened at all times when a motor vehicle is in 19 motion. 20 (3)' It is unlawful for any person: 21 (a) To operate a motor vehicle in this state unless 22 each passenger of the vehicle under the age of 18 years is 23 restrained by a safety belt or by a child restraint device 24 pursuant to s. 316.613, if applicable; or 25 (b) To operate a motor vehicle in this state unless 26 the person is restrained by a safety belt. 27 (4 „) It is unlawful for any person 18 years of age 28 or older to be a passenger in a motor 29 vehicle unless such person is restrained by a safety belt when 30 the vehicle is in motion. 31 2 CODING: Words n - =,A are deletions; words underl.in.pd are additions. Florida House of Representatives - 2001 CS /HB 67 189 - 905 -01 1 { ) - -- e....._ 2 =._lob;_ip.a...._ar_ ...._ cai....._requ re ...._to be restrain, .d.....hy. ........................................................... ............................... 2 a safety belt.: 3 .4.&,«(a) A person who is certified by a 4 physician as having a medical condition that causes the use of 5 a safety belt to be inappropriate or dangerous. 6 l'..bi_.. An employee of a newspaper home delivery 7 service while in the course of his or her employment 8 delivering newspapers on home delivery routes ;. � Page 3 of 6 http: / /www.leg. state .fl.us /cgi- bin/view_page.pl ?Tab= session &Submenu =l &FT =D &File =hb0,... 3/16/01 session- >Bills: Online Sunshine 10 11 17 ri° -'^ °' while in the course of employment collecting solid 18 waste or recyclables on designated routes. 19 ( ............The......passenger of a motor vehicle in excess of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................... . .......... . . . . . . 20 number of safety_Elts i4stalle4 bk the manufacturer, 21 (e.) The requirements of this section shall not 22 apply to the living quarters of a recreational vehicle or a 23 space within a truck body primarily intended for merchandise 24 or property. 25 (.6.. ) .tom It is the intent of the Legislature that all 26 state, county, and local law enforcement agencies, safety 27 councils, and public school systems, in recognition of the 28 fatalities and injuries attributed to unrestrained occupancy 29 of motor vehicles, shall conduct a continuing safety and 30 public awareness campaign as to the magnitude of the problem 31 3 CODING: words °^ are deletions; words underlined are additions. Florida House of Representatives - 2001 CS /HB 67 189 - 905 -01 1 and adopt programs designed to encourage compliance with the Page 4 of 6 http: / /www.leg.state .fl.us /cgi- bin/view _page.pl ?Tab= session &Submenu =l &FT =D &File= hb01... 3/16/01 session- >Bills: Online Sunshine 2 safety belt usage requirements of this section. 3 (7). Any person who violates the provisions of this 4 section commits a nonmoving violation, punishable as provided 5 in chapter 316. A law enforcement officer may not search or 6 inspect �mrvehicle, its contents, the drivero�...._r.._....._.................................. :............_...:....:... ............................................. .................... ........... _ 7sn __sole�because of a violation of this section H 9 sta40 or- 10 11 13 (8)� A violation of the provisions of this section ......._ 14 shall not constitute negligence per se, nor shall such 15 violation be used as prima facie evidence of negligence or be 16 considered in mitigation of damages, but such violation may be 17 considered as evidence of comparative negligence, in any civil 1H action. 19 Section 3. This act shall take effect July 1, 2001. 20 21****** * *r * * *rrr * * * * * * * * *r * * *x * * *�w * ** 22 HOUSE SUMMARY 23 24 25 26 27 28 29 30 31 4 CODING: Words ,- r- � are deletions; words underlined are additions. Page 5 of 6 http: / /www.leg. state .fl.us /cgi- bin/view_page.pl ?Tab= session &Submenu =l &FT =D &File= hb0,... 3/16/01 sl�ssion- >Bills: Online Sunshine Page 6 of 6 Welcome • Session Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 -2001 State of Florida. Contact us. Privacy Statement http: / /www. leg. state.fl.us /egi- bin/view _page.pl? Tab = session &Submenu = l &FT =D &File= hb0,... 3/16/01 j ? SOUT � r r, UW "" To: Mayor and Commission From: Charles Scurr City Manager REQUEST - CORPORATEQ 1927 LaR4 Excellence, Integrity, Inclusion Date: March 20, 2001 Agenda Item # 0 Extension of Contractual Services Agreements for Legislative (Lobbying) Services A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STRATEGIC CONSULTING SERVICES AT THE FEDERAL LEVEL; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $42,000.00 FOR THE FIRM OF RONALD L. BOOK, P.A.; FROM ACCOUNT NUMBER 001 -1315 -513 -3450, CONTRACTUAL SERVICES BACKGROUND AND ANALYSIS The City of South Miami, for the past two years, has retained the services of Fausto Gomez and Ron Book for the provision of Legislative (Lobbying) Services. This team of lobbyists, which was competitively selected under RFP SLS -83198 (Attachment 2), has performed in an exemplary manner and, with the support and guidance of the City Commission, achieved unprecedented levels of funding from the State of Florida. The City has now focused on Federal funding sources. Specifically, Federal assistance is needed for a number of large projects such as the US 1 Pedestrian Overpass, Church Street Redevelopment and Downtown Infrastructure. Federal funding may also be available for important projects such as HIV /Aids Prevention. The City has met with key Federal legislators, including Congresswoman Carrie Meek. A window of opportunity is available but the City needs to move forward immediately. Professional lobbying services are essential to successfully achieving the City's Washington Agenda. The City has been in discussion with our two existing representatives, Fausto Gomez and Ron Book, about alternative ways to provide these services. Conventional full service lobbying contracts for Washington representation are far beyond the City's financial ability. A derivative service in use in Washington is the retention of "Strategic Consulting Services ". A . 717 — 77-117. strategic consultant provides most of the services of a full service lobbyist but the client, in this case the City, will be expected to do a greater percentage of the work. The City is prepared to make this staff and time commitment. The cost for this type of service is $3,500 /month. The existing agreements with our lobbyists allow for additional services. It is felt that Mr. Book's firm is most appropriate for this effort. On Mr. Book's staff is Jeff Mell, former Senior Aid to Congressman Bill Lehman. Mr. Book will also be using the services of vierra and Associates in Washington. A Statement of Capabilities and Scope of Work are attached (Attachment 1). Funding in the amount of $21,000 will come from Account # 001- 1315 -513 -3450, Contractual Services, for FY 2000 -2001 services. This account has a balance of $24,000. The additional $21,0000 will come from Account # 001 -1315 - 513 -3450, Contractual Services, pre- funded FY 2001 -2002. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO STRATEGIC CONSULTING 5 SERVICES AT THE FEDERAL LEVEL; APPROVING FUNDING IN AN AMOUNT 6 NOT TO EXCEED $42,000.00 FOR THE FIRM OF RONALD L. BOOK, P.A.; FROM 7 ACCOUNT NUMBER 001 - 1315 -513 -3450, CONTRACTUAL SERVICES 8 9 10 WHEREAS, the City of South Miami has established an Office of Intergovernmental Affairs with 11 the purpose of securing appropriations and funding from the Federal government; and 12 13 WHEREAS, the use of professional strategic consulting services (lobbying) is essential to the 14 success of this Office; and 15 16 WHEREAS, the City advertised and competitively solicited for these services through RFP No. 17 SLS- 83198; and 18 19 WHEREAS, the City requires strategic consulting services for Federal funding efforts; and 20 21 WHEREAS, the current Lobbyist firms engaged by the City have performed in an exemplary 22 manner and are able to provide these services. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI: 26 27 Section 1. The City Commission hereby authorizes the City Manager to enter into a 28 Professional Services Agreement for Strategic Consulting Services at the Federal level with firm of 29 Ronald L. Book, P.A. in an amount not to exceed $42,000.00 from Account # 001 -1315 -513 -3450, 30 Contractual Services, for FY 2000 -2001 and FY 2001 -2002 services. 31 32 Section 2. This resolution shall take effect immediately upon approval. 33 34 35 PASSED AND ADOPTED this day of , 2000. 36 37 ATTEST: APPROVED: 38 39 40 41 City Clerk Mayor 42 43 READ AND APPROVED AS TO FORM: 44 45 46 47 City Attorney Ronald 1. Book, P B. LOW 0111M PROIESROO( NO(IRIIOR March 16, 2001 VIA FACSIMILF. AND REGUL Mr. Charles Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Charles: c*oev " 0 This will confirm my firm's commitment to extend our contract for the representation of the City of South Miami: to include Washington, D.C.. matters_ Through this engagement, we are going to be associating with Vierra and Associates in that regard. The point person in my office for all Washington, D.C. issues will be Mr. Jeff Mell, former Chief of Staff for Congressman Bill Lehman and Congresswoman Carrie Meek. Mr. Denny Vierra of the Vierra group will be the point person from the Vierra and Associates firm in Washington, D.C. We agrce to work on all strategic planning, for projects within the City, hopefully leading to appropriation projects from Congress. In exchange for this representation, the City agrees to compensate my firm with an additional monthly retainer of Thirty -five Hundred ($3,500.00) Dollars. Assuming this meets with our mutual understanding, please sign and return this letter to me for my record - keeping. Looking forward to many continued successes on behalf of your City and appreciating this expanded opportunity. ri ' i . Book — RLB:dh Charles Scurr, City Manager City of South Miami (oncu►de (enter t - t99g ��a cheart ig� Sr<eet, PII G AVentuin, Florida ii�0o - Telephone ( ;051 g35 i866 -TAX (i05) g;1 cl ioiCasl(oiletew�ue, fuise 3oz 4611a6see, 1101 12101.OP) rly' z8y9 Statement of Capabilities presented by Vierra Associates to the City of South Miami INTRODUCTION Vierra Associates, a Washington -based government relations consulting firm, was formed in 1983 to represent clients with the Congress, the Federal Executive Branch, and other groups with whom clients may have common issues and goals. Mr. Dennis C. Vierra, a Portuguese American, is the sole principal and majority stockholder of the firm. Vierra Associates is headquartered at 1825 I Street, N.W., Washington, D.C. and is incorporated in the Commonwealth of Virginia. Vierra Associates proposes to assist the City of South Miami by offering the services of a bipartisan professional with: * In -depth knowledge of urban issues (including a Master of Arts degree in Urban and Regional Planning); * Well- established working relationships with the Congressional committees having jurisdiction over authorization and appropriation legislation important to the City; * Well- established working relationships with the Florida Congressional delegation; * A keen understanding of Congressional procedures and processes; * A quantifiable record of success in securing authorization and appropriations provisions for clients in excess of $4 billion; * Strong technical background and capabilities in addressing the requirements of Federal -aid grants programs; and, * Well- established working relationships with Federal agencies with stewardship of programs important to the City. This is a critical time for Federal domestic discretionary programs, with increasingly fierce competition for limited funding, and greater political and technical scrutiny of projects by the Congress and the Executive Branch. Furthermore, the start of 2001 provides new challenges with the advent of a new presidential administration following the inauguration of Mr. George W. Bush; the appointment of new Cabinet Secretaries and senior Executive Branch officials; and extensive changes to the leadership of the Congressional appropriating and authorizing committees. Promoting and protecting the interests of the City of South Miami requires the development of a strategic plan supported by a Washington -based consultant that will provide the City with an ongoing and active presence, in- depth substantive and procedural knowledge, and well- established bureaucratic and bi- partisan political relationships. This document provides an overview of the experience, qualifications, and prior accomplishments of Vierra Associates as they relate to our proposal to develop and implement a strategic plan to advance the Federal agenda of the City of South Miami. Qualifications of Vierra Associates Mr. Dennis C. Vierra, principal of Vierra Associates, has nearly two decades of continuous service in providing public and private sector clients with strategic advice that comes from applying the perspectives gained through broad experience in: (1) working with clients to assess their legislative interests and developing a customized legislative strategy to pursue a client's Federal agenda; (2) maintaining effective relations with the Congress, officials of the Executive Branch, and career civil service people in the Federal agencies; (3) securing appropriation and authorization provisions in Congressional bills and reports to advance client Federal agendas; and (4) providing technical assistance necessary to successfully pursue and secure Federal approval and support for the projects advanced by clients. The qualifications and experiences offered by Vierra Associates put the firm in the unique position of knowing the programs, issues, legislative process, relevant Federal law, institutional practices, and Congressional and Executive Branch personalities critical to the successful outcome of the Federal agenda of the City of South Miami. Mr. Vierra would draw upon these qualifications and experiences to work as part of a team with officials of the City of South Miami to develop and implement a customized strategic plan for the City's Federal agenda based on his assessment of the City's interests and strengths. In addition to assisting the City in developing the strategic plan, Mr. Vierra would provide advocacy, information/reporting /assessment, monitoring and tracking, relationship building, and issue support services to assist the City in its implementation of the strategic plan. The philosophy of Vierra Associates is one of a partnership with its clients. Vierra Associates strives to work as a member of a seamless team with its clients, providing them with strategic planning and follow -up to develop and deliver the client's message with an effective level of visibility and effectiveness in Washington in a bi- partisan manner to the Legislative and Executive Branches of the Federal Government. Services Offered by Vierra Associates * Strategic Guidance developed to optimize the ability of the City of South Miami to achieve its Federal agenda. Vierra Associates is well experienced in developing effective lobbying strategies and implementing client legislative agendas. Such strategic guidance assesses client needs; the competitive environment of client interests within the state Congressional delegation, the Congressional committees of jurisdiction and the discretionary funding programs administered by agencies within the Executive Branch past effectiveness of various advocacy strategies and tactics; and countless other factors. Vierra Associates has a strong track record in assisting clients in developing a carefully constructed work plan designed to optimize all available resources and opportunities to promote and protect client interests. ` In order to keep a client's strategy on- target, Vierra Associates works with the client to maintain overall focus on the strategic plan as well as to periodically reassess the viability and effectiveness of the overall strategy to ensure the optimal use of all resources and efforts expended,in pursuit of a client's Federal agenda. n ,t. * Congressional Liaison targeted to the appropriations and authorizing committees and the Florida Congressional delegation (note that Mr. Vierra has worked successfully with Members of the Florida Congressional delegation in his representation of various public and private sector Florida entities since 1983). * Executive Branch Liaison targeted to Federal agencies charged with the stewardship of Federal programs of interest to the City of South Miami; to the Office of the President (particularly to Mr. Andrew Card — Chief of Staff of the Bush White House and former Secretary of Transportation); and to the Office of Management and Budget (particularly to Mr. Mitchell Daniels, Jr., OMB Director for the new Bush Administration and former colleague of Mr. Vierra on the Senate Banking Committee). Technical Assistance, as necessary, to assist the grantsmanship and related efforts to secure funding and to implement projects identified in the City's Federal agenda. Vierra Associates also offers clients technical assistance to implement the strategic plan developed for the client, to include the drafting of written and oral statements for submittal to Congressional committees, Congressional bill and report language, floor statements and Congressional correspondence used by Members, staff and committees to advance client agendas with officials of Federal agencies in the Executive Branch as well as the mobilization and deployment of grassroots and community stakeholder support for client agendas. Other Liaison Activities to include interaction with the State of Florida - Washington Office and Washington representatives of other Florida municipalities, as appropriate, as well as with Washington -based organizations including the National League of Cities and other public interest groups with which the City of South Miami may share common interests. Information/Reporting Services to include the timely reporting of Congressional and Executive Branch events, actions and opportunities; analyzing anticipated resulting impacts on the interests of the City and its Federal agenda; and recommending actions that the City and its Congressional delegation might take to best protect and promote the City's interests. A Compelling Record of Success Vierra Associates has established a compelling record of success in providing strategic planning and government relations services to clients, and in securing Federal funding and project grant approvals, both directly from the Congress and through discretionary and competitive grant programs in the Executive Branch departments and agencies. In terms of appropriations and authorizations, Vierra Associates has assisted clients in developing and implementing strategic plans for pursuing their Federal agendas that have resulted in securing over $4 billion in provisions for clients. Innovative and creative approaches to meeting client needs have resulted in concrete benefits through increased funding, recognition and access. Cost Proposal Vierra Associates proposes to provide the services generally outlined per this presentation for a one year fixed fee sum of $36,000.00, subject to negotiation with the City of South Miami. Additional costs maybe incurred based on written directives, issued to Vieffa Associates by a designated official of the City of South Miami, providing the advance authorization of such costs and commitment for full reimbursement of such costs by the City of South Miami. Conclusion Vierra Associates believes that the range of skills, intimate knowledge of the Federal policy, program and funding processes, and the bipartisan access to the Legislative and Executive Branches of the Federal Government offered by its principal, Mr. Dennis C. Vierra, will quickly prove to be assets to the City of South Miami. Vierra Associates stands ready to assist the City; we are confident we can deliver effective and cost-efficient strategic planning and implementation services that will advance the City's Federal agenda within the Legislative and Executive Branches of the Federal Government. Vierra Associates provides solid expertise and awareness as a result of our working knowledge and personal relationships with the Members and staff of both bodies of Congress and key Executive Branch officials. We have a ' consistent and proven track record of accessing the key decision-makers of both the Congress and the Executive Branch, informing them of client issues, and effectively advocating: policy issues and program funding decisions with regard to client interests. We appreciate the opportunity to present our qualifications and look forward to the opportunity to further discuss how we can work together to develop a strategic plan to define and advance the Federal agenda of the City of South Miami with the Congress, the Bush Administration, and the agencies of the Executive Branch. 17 N`►1�i(MATUDI-9 R1 Education University of Iowa. Master of Arts degree in Urban and Regional Planning. 1973 University of Wisconsin. Bachelor of Arts degree in Economics, 1969. Professional Experience Government Relations Consultant (1983- present). Vierra Associates, Inc., Washington, D.C. President of a Washington -based firm providing government relations services to public and private sector clients to represent their interests with the Legislative and Executive Branches of the Federal Government. Congressional Fellow (1981 - 1983). United States Senate, Washington, D.C. Served as Special Advisor under the Congressional Fellow Program of the American Political Science Association with the office of Senator Alfonse D'Amato while on a sabbatical from the Urban Mass Transportation Administration. Transportation Representative (1980- 1981), Community Planner (1979 - 1980), Planning Representative (1977- 1979). Urban Mass Transportation Administration, Washington, D.C. Headquarters' liaison for the development, coordination, management and evaluation of grants assistance activities (particularly for rapid rail, light rail, major bus and commuter rail projects), in assigned geographic regions. Public Transportation Planner (1975- 1977). Wisconsin Department of Transportation, Madison, Wisconsin. Coordinator of statewide study of transportation for the elderly and the handicapped. Provided technical assistance /liaison throughout the state on general transportation and elderly/handicapped issues to metropolitan planning organizations, transit planning /operating agencies, legislative and citizens groups Transportation Coordinator (1974 - 1975). Indian Nations Council of Governments, Tulsa, Oklahoma. Directed transportation planning element of metropolitan planning organization, including the multi modal Tulsa Metropolitan Area Transportation Study. Planner (1973- 1974). Indian Nations Council of Governments, Tulsa, Oklahoma. Directed mass transportation planning element of the Tulsa Metropolitan Area Transportation Study. References The Honorable Ileana Ros- Lehtinen U. S. House of Representatives Washington, D.C. 20515 (202) 225 -3931 The Honorable Norman Y. Mineta, Secretary U.S. Department of Transportation Seventh Street, S.W. Washington, D.C. 20590 (202) 366 -2222 The Honorable Carrie Meek U. S. House of Representatives Washington, D.C. 20515 (202) 225 -4506 Mr. John T. Blazey, II Committee on Appropriations House of Representatives Washington, DC 20515 (202) 225 -2771 TrAC "Z I CITY OF SOUTH MIAMI To: Mayor and Commission Date: September 1, 1998 From: Charles Scurr A e d a Item #` 3 g n City Manager fc Contractual Services — State Legislative (Lobbying) Services The purpose of this memorandum is to recommend the selection for State Legislative (Lobbying) Services. The creation of a new Office of Intergovernmental Affairs was approved as part of the FY 1998- 99 Budget. One of the cornerstones of this new Office is the retention of professional lobbyists. The use of lobbyists is essential for the City to successfully compete ` for funding. The Commission approved a total of $48,000 for these services. The discussion accompanying the appropriation indicated that it might be possible to obtain the services of two firms. possibly in some type of partnership, for this amount. In July 1998 an RFP. No. SLS- 83198 was advertised for State Legislative Services. The RFP included a detailed description of the services requested and provided criteria that the City would use in selection. The criteria included: 1. Experience& knowledge of the contractor. 2. The experience of the contractor in representing entities comparable to the City. 3. The ability of the`contractor to provide all of the services specified in the scope of work: 4. The accomplishments, generally. o to the City. f the contractor in representing entities comparable :. _ 5. The accomplishments. specifically, of the contractor in securing medium ($500,000 to $1 million) and large (over $1 million) appropriations. A total of 11 firms /individuals picked up copies of the RFP. A total of six individuals /firms responded. A Review Committee chaired by Fernando Rodriguez reviewed the proposals. The Committee rated the proposals in three categories: 1. Most Highly Qualified (Tier 1); 1 RESOLUTION NO. 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI FLORIDA, RELATING TO STATE LEGISLATIVE (LOBBYING) 5 SERVICES. APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED 6 $45,000.00 FOR THE FIRMS OF GOMEZ BARKER & RONALD L. BOOK. P.A.: 7 AND AN AMOUNT NOT TO EXCEED $3,000.00 FOR THE MAURY 8 MANAGEMENT GROUP FROM ACCOUNT ' NUMBER ' 001 -1315 -513 -3450, 9 CONTRACTUAL SERVICES 10 11' 12 13 WHEREAS. the City of South Miami has established an Office of Intergovernmental Affairs with 14 the purpose of securing appropriations and funding from the State of Florida, and 15 16 WHEREAS, the use of professional lobbying services is essential to the success of this Office: 17 and 18 19 WHEREAS, the City advertised and competitively solicited for these services through RFP No. 20 SLS- 83198:' and ?1 22 WHEREAS, a Review Committee has completed the review of these proposals. 23 24 NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI: f 26 27 Section 1. The City Commission hereby' authorizes the City Manager to enter into a 2$ Professional Services Agreement for State Legislative (Lobbying); Services with the Team of Gomez 29 Barker Associates & Ronald. L. Book. P.A. in an amount not to exceed $45,000.00 and with the Maury 30 Management Group' in an amount not to exceed : $3.000.00 from .Account 9 001 -1315- 513 -3450, 1 Contractual Services. 32 33 Section 2. This resolution shall take effect immediately upon approval. 34 35 36 PASSED AND ADOPTED this day of , 1998. 37 38 ATTEST: APPROVED: 39 40 41 42 City Clerk Mayor 43 44 READ AND APPROVED AS TO FORM: 45 46 47 48 Citv Attorney g 01:* iwe1037 o Lp R19 CHARLES 0. SCURR° CITY MANAGER 6130 SUNSET ORIVE' SOUTH MIAMI. FLORIDA 33143 3051 663 -6338 FAX 66346343 City of South Miami Request for Proposals State Legislative Services RFP NO. SLS -83198 July 17,1998 General information The City of South Miami seeks to retain the services of a legislative consultant(s) for matters in which the City may need professional services before the Florida Legislature. State of Florida administrative agencies. the Florida Governor and Cabinet. et. al. Such services shall include attending state legislative committee hearings and meetings, rule making proceedings and administrative or legislative agency meetings. The contract services shall include. but not necessarily. be_Jimited to: scheduled, extended, special legislative sessions and meetings; state administrative and agency hearings, meetings or rule making proceedings: and legal. grant and legislative consulting services in accordance with, the terms and conditions of this Request for Proposals. The successful contractor shall agree to be available at all times to , be available upon reasonable request to meet with City officials: and to attend meetings. represent the interests of the City, and act a liaison between the City and all branches. departments and agencies of State government, at any legislative committee meeting or meetings with the Governor, Cabinet. or Cabinet members, or state agencies. The contractor shall maintain a year round active presence in Tallahassee, Florida and also a staffed office presence during the 'legislative session and be able to provide staff and office support to City officials when traveling to Tallahassee. Consultants must also have an in -depth knowledge of issues and programs affecting the City and Miami -Dade County, and have an outstanding record of accomplishment in representing local governments, particularly in the grant funding area. Professional Services Required The contractor shall provide the following services to the City: I. Review. on a continuing basis. all existing and proposed State policies, programs and legislation affecting the City. 2. Assist the City in the development of it's legislative program. The scope of the legislative program should include all City Departments and functions scope of in police' g p public works, solid waste, environmental regulations, parks, economic development. community redevelopment agency. housing, redevelopment, computers and telecommunication, planning. traffic, transportation. - central services and infrastructure development. etc. 3. Provide specific assistance to the City in the identification. development. application and approval of funding requests. grants and appropriations' for all City Departments and functions. 4. Monitor state legislative committee meetings, state agency hearings and meetings prior to and during the regular and special legislative sessions relative to the City's legislative program or other issues that may impact the City. 5. Work with City staff and the Miami -Dade legislative delegation to develop special or general Iegislation necessary -for and supportive of the City's legislative program. - 6. Develop and evaluate strategy for the support. opposition or amendment of legislation. rules. etc.. impacting the City. 7. T'est'ify and lobby before the Legislature. Governor. and Cabinet as necessary on behalf of the City. 8. Appear and testify before state agency hearings, budget meetings, rule makin or other administrative agency or legislative meetings on behalf of the City. g 9. Upon request, schedule and coordinate meetings between City officials and appropriate state officials and legislators. 10. Provide staff. office and logistical support to City officials while in Tallahassee. 1 1. Prepare «Titten status reports to the City, bi- weekly during the Session, and monthly the remainder . of the year. Such reports shall be as detailed a as necessary and include updates on the City's legislative program and funding requests. 12. The contractor may be requested, on a very limited basis. to provide, support on County. and Federal matters. It is understood that these areas are not the focus of this RFP. General Terms and Conditions 1. The City shall provide a monthly retainer for the above referenced services. The monthly retainer shall be negotiated with the selected contractor(s). The monthly retainer shall include all fees, including contractor travel. postage, telephone, etc. Additional extraordinary expenses` may be allowable on a pre- approved case by case basis. 2. The City reserves the right to select one or more contractors and the ability to designate lead responsibility if more than one contractor is engaged. 3. The contractor shall report to the City Manager, or assigned designee. 4. The contractor is an independent contractor under this Agreement. 5. The contractor shall not represent clients in matters adverse to the City, and shall make promptly known any conflicts or potential conflicts.' If said conflicts cannot of be satisfactorily resolved to the City's satisfaction than the City reserves the right to suspend and/or terminate the services_ of the contractor and procure same from other' contractors. 5. The contractor acknowledges. that he /she has not been convicted of a public entity crime or placed on the convicted vendor list. 7. The City reserves the right to delete or modify the services and scope of work under this contract at any time, titi•ith or without cause. If such scope of work is reduced the payment to the contractor. shall be reduced by a commensurate amount. 8. The contractor may not change the principal person(s) working on this contract without the express permission of the City. 9. The City reserves the right to negotiate the fee schedule proposed by the Contractor under this RFP in order to meet City budgetary constraints. 10. Joint ventures are allowed. Participation by minorities and women is encouraged. RFP Documents. Required Each contractor shall submit 10 copies of the following: 1. A cover letter indicating the contractors interest in providing these services to the City. 2. A brief history of the contractor. including 'how long the contractor has been engaged in this field of work. 3. A list of the principal(s) who will be responsible for providing the specified services, including resumes,or biographies for each person. 4. All current local municipal. County, regional, state clients of the contractor including for each client: (a) the length of the contract: b) the scope of services provided c) the type of contract (pro Bono. retainer. project based fee. etc.: d) accomplishments achieved for the client including legislative appropriations; and e) a contact name and phone number for the client. 5. Any prior or private sector clients that- may be relevant, providing the same information as above. 6. Copies of any press articles, profiles, commendations. etc. that may assist the City in it's evaluation. 7. A list of references. including comparable jurisdictions to the City and elected officials (Please limit to 5). 8. An original signed copy of this RFQ wherein the contractor acknowledges and warrants that he /she has, "read and agrees with all of the terms and conditions contained herein. , 9. Proposed monthly retainer fee to provide the services. Timetable and Process All RFP's must be returned to the Citv Manager's office no later than 5:00 PM on August 31. 1998. A` pre -bid conference will be held on Thursd South Miami City Hall. ay August 6. 1998. at 9:00 AM at The City will evaluate the R.FP's based on the following criteria: CITY OF SOUTH MIAMI INTE R-OFFICEI MEMORANDUM TO: Charles D. Scurr DATE: October 16, 1998 City Manager FROM: Fernando J. Rodriguez RE: Professional Lobbying — Public Works Director Review of Proposals Manv. local governments employ the services of professional lobbyists on a retainer contract basis. This is a highly cost - effective approach to obtain grant funding which is available, at the county,, state and federal, levels. A municipality may opt to lobby for funding hrough the efforts of its elected officials. However, this approach is not practical and does not maximize effectiveness. Successful lobbying is a time consuming activity requiring significant experience and tenacity. It is a potentially high. yield pursuit that is best left to professionals. The marked increase in project activity that South Miami is currently experiencing requires a significant amount of funding. Many of the grant monies available each year can be tapped, into pp through the employment of competent lobbying firms. To this end, requests for lobbying services proposals have been solicited from several South Florida based firms. A review committee comprised of the Assistant City Manager and department heads evaluated all proposals. with the following results: Rank Firm Comments Tier 1 — Most Highly Oualified 1 Gomez Barker Associates, Inc. Extensive experience and retainers with Miami -Dade County, City of Miami Beach, and 'City of West Miami. Obtained grant funding totaling $15M for above three entities. \continued... .,,:., -a. „..<«,. ,;." -.r --° a- �-„., ...-. �,-_.-"'-.—,•-.;. a:- -: �- a,-- r,.- T- ; . r,`,' t�rc ;�,+r.'- �+- .,°�^- .P, —a-a� °.-fit �.::� -�'�. City of South Miami INTER- OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: March 7, 2001 and City Commission FROM: Charles Scurr, Re: Agenda Item #A City Manager fCO4 Comm. Mtg 3/20/01 a4 Amending of Section 15 -6 Of the Code of Ordinances REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE AMENDING OF SECTION 15 -6, CARNIVALS, SIDE SHOWS, STREET SHOWS, ETC., PROHIBITED WITHIN CITY LIMITS; OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS When this ordinance was enacted in 1950, the City did not have any art or craft festivals or other events of this nature. Since that time the city has become well known for the street festivals which entertain tens of thousands of people each year. Section 15 -6 prohibits activities which were conducted back then by questionable persons but now are commonplace and often City sponsored. Repealing the existing language and adopting the new verbage would correct an obsolete ordinance. RECOMMENDATION Your approval is recommended. CS /GF /sh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE AMENDING OF SECTION 15 -6, CARNIVALS, SIDE SHOWS, STREET SHOWS, ETC., PROHIBITED WITHIN CITY LIMITS; OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Sections 15 -6 of the City Code of Ordinances prohibits street festivals in various forms within the City limits; and, WHEREAS, several times per year sanctioned and permitted events are conducted on the city's streets which would be prohibited acts under this ordinance; and WHEREAS, this ordinance was enacted in 1950, before any of the current events aforementioned existed and at a time when people of dubious repute conducted such activities; and WHEREAS, the City Commission has expressed their desire to have the City's Code of Ordinances brought up to date by deleting obsolete material; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 15 -6 of the Code of Ordinances of the City of South Miami currently reads as follows: Section 15 -6 Carnivals, side shows, street shows, etc., prohibited within city limits. Carnivals, side shows, street shows, medicine shows, expositions companies or shows or performances given within tents, whether covered or uncovered, or shows or performances given in any temporary enclosure, conducted for profit by concessionaires are hereby prohibited within the city limits. (Ord. 202 § 1, 3- 21 -50) Section 2. The City Commission hereby amends Section 15 to delete the existing Section 15 -6 in it's entirety. Additinn.c chnwn by nndedinino and df- &-tinn.c chnwn by e- 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 30 31 32 Section 3. The City Commission hereby adopts the following as Section 15 -6: Street shows, festivals, musical performances and other forms of commercial entertainment are allowed within the city limits only won obtaining the proper permits from the City of South Miami. 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 be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1 St Reading — 2nd Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY day of _ APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell Commissioner Bethel: Commissioner Wiscombe: Additinn.c .chnwn by nnderlininn nnrl deletinnc chnwn by w l 2000. CITY OF SOUTH MIAMI INTER.- OFFICE MEMORANDUM To: Honorable Mayor Date: March 14, 2001 and City Commission From: Charles D. Scurr Subject: Agenda Item # / Z City Manager Commission Meeting 03 /20/01 Multipurpose Center Funding REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENTS AT MURRAY PARK, AMENDING ORDINANCE NUMBER 1 -01 -1732, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $2,500,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING THE EXECUTION AND DELIVERY OF A DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On January 16, 2001, the Mayor and City Commission unanimously approved an ordinance authorizing the City of South Miami to participate in the Florida Municipal Loan Council Program in order to finance the improvements at Murray Park. By using South Miami Hospital's annual contribution of $150,000, the City was able to leverage the $1.5 million necessary to match the $1.5 million grant from the Trust for Safe Neighborhood Parks. Since that approval, however, interest rates have continued to decline; and the $150,000 annual contribution from the hospital may now leverage up to $2.5 million. The attached ordinance proposes to take advantage of this favorable swing in interest rates by allowing the City to leverage the annual contribution to its maximum, not to exceed $2.5 million. As a result, the City would be able to realize much more of the Master Plan by utilizing the same $150,000 annual contribution. The amount of the loan is the only proposed amendment to Ordinance Number 1 -01 -1732. Additional information regarding the agreement, including its advantages, can be found in the Memorandum of January 12, 2001 on the subject. RECOMMENDATION Your approval is recommended. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVEMENTS AT MURRAY PARK, AMENDING ORDINANCE NUMBER 1 -01 -1732, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $2,500,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING THE EXECUTION AND DELIVERY OF A DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 16, 2001, the Mayor and City Commission approved an ordinance relating to the Multipurpose Center at Murray Park, authorizing the City Manager to negotiate a loan not to exceed $1,500,000; and WHEREAS, interest rates have continued to decline thereby increasing the amount the City of South Miami can leverage with South Miami Hospital's annual contribution of $150,000; and WHEREAS, participating governmental units (the "Members ") have created the Florida Municipal Loan Council (the "Council ") pursuant to a certain Inter -local Agreement and pursuant to Chapter 163, Part 1, Florida Statutes, for the purpose of issuing its bonds to make loans to participating governmental units for qualified projects; and WHEREAS, the City of South Miami, Florida, a municipal corporation, is duly created and existing pursuant to the Constitution and laws of the State of Florida (the "State "); and WHEREAS, the City finds and declares that there is a substantial need for the financing or refinancing of qualifying projects permitted by Florida Statutes and the State Constitution; and WHEREAS, the City possesses the ability to finance such projects on its own, but has determined that a pooled financing program involving a limited number of local governmental units which regularly undertake projects requiring significant debt financing within the State of Florida would provide for low cost financing or refinancing of such projects through economies of scale, administrative support and access to expertise in accessing the capital markets; and WHEREAS, it is anticipated that the benefits of a pooled financing by the City with a limited number of governmental units through the Florida Municipal Loan Council may be obtained through promises to repay loans under the program and supported by a general covenant to budget and appropriate for such purpose, by a specific pledge of taxes or revenues or by a general obligation; and WHEREAS, by pooling the respective financial needs of these certain various local governmental units, the City will be able to access additional markets and expects to receive the benefits of lower interest rates on more favorable terms associated with such a large scale financing with such benefits being obtained for and inuring to the City; and WHEREAS, the Council is in the process of issuing its Florida Municipal Loan Council Revenue Bonds, Series 2001A (the 'Bonds ") and is seeking to make loans (the "Loans ") to governmental units; and WHEREAS, it is hereby determined that a need exists to borrow funds to finance the implementation of the Master Plan for Murray Park as previously approved by the City Commission; and WHEREAS, it is determined to be in the best interest of the City to borrow funds from the Council from the proceeds of the Bonds to finance the cost of the Project. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA as follows: SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to Chapter 166, Florida Statutes and other applicable provisions of law and amends Ordinance Number 1 -01 -1732. SECTION 2. PROJECT. The refinancing and /or financing of the implementation of the master plan for the multi - purpose center is hereby approved. SECTION 3. NEGOTIATED LOAN. Due to the complicated nature of the financing and the ability of the Council to access additional markets and for the City to receive the benefits of lower interest rates and issuance costs, it is hereby determined that it is in the best interest of the City that the Loan to the City be made from the proceeds of the Bonds, as opposed to the City borrowing funds pursuant to a public sale. SECTION 4. LOAN AMOUNT. The amount of the Loan of the City evidenced by the Loan Agreement shall not exceed $2,500,000. Such Loam shall be made at a discount which shall include a pro -rata portion of costs of issuance incurred by the Council together with a pro -rata portion of a reserve fund surety cost and the League of Cities administrative fees and other ongoing costs and shall bear interest and shall be repayable according to the terms and conditions set forth in the Loan Agreement authorized pursuant to Section 5'hereof with such changes, insertions and omissions as may be approved by the City Manager. The redemption provisions, if any; relating to such Loan shall be as provided in the Loan Agreement. SECTION 5. AUTHORIZED OFFICERS. The City Manager is hereby authorized and directed to execute and deliver a Loan Agreement to evidence the Loan, to be entered into by and between the City and the Council. Further, the City Manager is hereby authorized and directed to execute and deliver a Continuing Disclosure Agreement concerning compliance with existing or proposed rules of the 2 Securities and Exchange Commission concerning continuing disclosure by the City, to be entered into by and between the Underwriter, the City and the Council. SECTION 6. RATES. The City Manager is hereby authorized to approve the final rates of interest on the Bonds, and the redemption provisions thereof, if any, on behalf of the Borrower. The City Manager is hereby authorized and directed to execute and deliver a Bond Purchase Agreement, to be entered into by and between the Underwriter, the City and the Council. SECTION 7. INDENTURE. The City hereby acknowledges and consents to the Bonds being issued pursuant to a Trust Indenture (the Indenture) to be executed by the Council and a bank or trust company to be selected as Trustee, by the Council. SECTION 8. OTHER INSTRUMENTS. The City Manager is hereby authorized and directed to execute any and all certifications or other instruments or documents required by this Resolution, the Loan Agreement, the Trust Indenture or any other document required by the Council as a prerequisite or precondition to making the Loan (including but not limited to the execution of all tax documents relating to the tax exempt status of the Loan), and any such representations and agreements made therein shall be deemed to be made on behalf of the City. All action taken to date by the City Manager in furtherance of the issuance of the Bonds and the making of the Loan is hereby approved, confirmed and ratified. SECTION 9. ADDITIONAL INFORMATION. The Loan Agreement shall not be executed and delivered unless and until the City has received all information required by Section 218.385, Florida Statutes. SECTION 10. ADDITIONAL TERMS. Pursuant to subsequent resolution, the City may establish such additional terms as it may so determine to be in the best interests of the City. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 3 ORDINANCE NO. 1 -01 -1732 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MATCHING FUNDS FOR SAFE.- NEIGHBORHOOD PARK GRANT FOR CONSTRUCTION OF AMULTI- PURPOSE CENTER, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $1,500,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING THE EXECUTION AND DELIVERY OF A DISCLOSURE. AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, participating governmental units (the "Members ") have created the Florida Municipal Loan Council (the "Council") pursuant to a certain Inter -local Agreement and pursuant to Chapter 163, Part I, Florida Statutes, for the purpose of issuing its bonds to make loans to participating governmental units for qualified projects; and WHEREAS, the City of South Miami, Florida, a municipal corporation, is duly created and existing pursuant to the Constitution and laws of the State of Florida (the "State ") - and WHEREAS, the City finds and declares that there is a substantial need for the financing or refinancing of qualifying projects permitted by Florida Statutes and the State Constitution; and WHEREAS, the City possesses the ability to finance such projects on its own, but has determined that a pooled financing program involving a limited number of local governmental units which regularly undertake projects requiring significant debt financing within the State of Florida would provide for low cost financing or refinancing of such projects through economies of scale, administrative support and access to expertise in accessing the capital markets; and WHEREAS, it is anticipated that the benefits of a pooled financing by the City with a limited number of governmental units through the Florida Municipal Loan Council may be obtained through promises to repay loans under the program and supported by a general covenant to budget and appropriate for such purpose, by a specific pledge of taxes or revenues or by a general obligation; and WHEREAS, by pooling the respective financial needs of these certain various local governmental units, the City will be able to access additional markets and expects to receive the benefits of lower interest rates on more favorable terms associated with such a large scale financing with such benefits being obtained for and inuring to the City; and WHEREAS, the Council is in the process of issuing its Florida Municipal Loan Council Revenue Bonds, Series 2001A ,(the "Bonds ") and is seeking to make loans (the "Loans ") to governmental units; and WHEREAS, it is hereby determined that a need exists to borrow funds to finance the construction of Phase II of the Murray Park Multi-Purpose Center as previously approved by the City Commission; and WHEREAS, it is determined to be in the best interest of the City to borrow funds from the Council from the proceeds of the Bonds to finance the cost of the Project. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA as follows: SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to Chapter 166, Florida Statutes and other applicable provisions of law. SECTION 2. PROJECT. The refinancing and /or financing of the construction of the multi- purpose center is hereby approved. SECTION 3. NEGOTIATED LOAN. Due to the complicated nature of the financing and the ability of the Council to access additional markets and for the City to receive the benefits of lower interest rates and issuance costs, it is hereby determined that it is in the best interest of the City that the Loan to the City be made from the proceeds of the Bonds, as opposed to the City borrowing funds pursuant to a public sale. SECTION 4. LOAN AMOUNT. The amount of the Loan of the City evidenced by the Loan Agreement shall not exceed $1,500,000. Such Loan shall be made at a discount which shall include a pro -rata portion of costs of issuance incurred by the Council together with a pro -rata portion of a reserve fund surety cost and the League of Cities administrative fees and other ongoing costs and shall bear interest and shall be repayable according to the terms and conditions set forth in the Loan Agreement authorized pursuant to Section 5 hereof with such changes, insertions and omissions as may be approved by the City Manager. The redemption provisions, if any, relating to such Loan shall be as provided in the Loan Agreement.' SECTION 5. AUTHORIZED OFFICERS. The City Manager is hereby authorized and directed to execute and deliver a Loan Agreement to evidence the Loan, to be entered into by and between the City and the Council. Further, the City Manager is hereby authorized and directed to execute and deliver a Continuing Disclosure Agreement concerning compliance with existing or proposed rules of the Securities and Exchange Commission concerning continuing disclosure by the City, to be entered into by and between the Underwriter, the City and the Council_ 2 Ord. No. 1 -01 -1132 SECTION 6. RATES. The City Manager is hereby authorized to approve the final rates of interest on the Bonds, and the redemption provisions thereof, if any, on behalf of the Borrower. The City Manager is hereby authorized and directed to execute and deliver a Bond Purchase Agreement, to be entered into by and between the Underwriter, the City and the Council. SECTION 7. INDENTURE. The City hereby acknowledges and consents to the Bonds being issued pursuant to a Trust Indenture (the AIndenture) to be executed by the Council and abank or trust company to be selected as Trustee, by the Council. SECTION 8., OTHER INSTRUMENTS. The City Manager is hereby authorized and directed to execute any and all certifications or other instruments or documents required by this Resolution, the Loan Agreement, the Trust Indenture or any other document required by the Council as a prerequisite or precondition to making the Loan (including but not limited to the execution of all tax documents relating to the tax exempt status of the Loan), and any such representations and agreements made therein shall be deemed to be made on behalf of the City. All action taken to date ! by the City Manager in furtherance of the issuance of the Bonds and the making of the Loan is hereby' approved, confirmed and ratified. SECTION 9. ADDITIONAL INFORMATION. The Loan Agreement shall not be executed and delivered unless and until the City has received all information required by Section 218.385, Florida Statutes. SECTION 10. ADDITIONAL TERMS. Pursuant to subsequent resolution, the City may establish such additional terms as it may so determine to be in the best interests of the City. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED this 156' day of January, 2001. ATTEST: APPROVED' CITY CLERK MAYO COMMISSION VOTE: 5 -0 ls` Reading — 12/19/00 Mayor Robaina: Yea 2 "d Reading — 1/16/01 Vice Mayor Feliu: Yea Commissioner Wiscombe: Yea READ AND APPROVED AS TO FORM: Commissioner Bethel: Yea Commissioner Russell: Yea CITY ATTORNEY Ord3 No. 1 -01 -1732 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: ,I.a n u a-ry' 12 001 From: Charles D. Scurr I Re: AGENDA ITEM # r City Manager /9�`' Commission meeting r .J.a -n -. 1-6,, 2 0 Multipurpose Center Funding REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO MATCHING FUNDS FOR SAFE- NEIGHBORHOOD PARK GRANT FOR CONSTRUCTION OF A MULTI- PURPOSE CEl""TTER, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $1,500,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT `UITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING THE EXECUTION AND DELIVERY OF A DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS In 1998, the City was awarded a grant of about $1,500,000, by the Safe Neighborhood Park Agency to construct a multi - purpose center in our Murray Park. The first phase of the construction is almost completed and we are about to begin Phase I1. Release of the grant funds requires a dollar for dollar match, and contingent upon the City utilizing its own match before the Agency releases its own. In the past, the City Commission has expressed its wish for the City to seek funding for the City match from outside source. The City administration has found a means of financing the match through the Florida Municipal Loan Council. This council administers a loan program with a variable rate revolving loan pool uniquely designed for Florida local governments. Funding for the program is through a AAA rated tax- exempt bond issue administered by the Florida League of Cities on behalf of local governments in order to achieve better economies of scale. The program was created pursuant to Chapter 163, part 1, of Florida State statutes, for the purpose of issuing the bonds. Some of the advantages of using this funding source include: ,. — „— �,m., .. :,:.— ,.___,_ .: �.., -..—>- ..,� -'n �'A'e.r_,°`°�^a^x�'r.i�wx��?ir ni`, •'��+F�,�;�t.�a�e -,.-, ;-[rte -�� ,,s - - b a) Pre- payment of loan on a 30 -day notice, without penalty. The City gets the benefit of long -term tax exempt funding with a short pre- payment option. b) Substantially lower cost of financing than traditional financing alternatives. c) Historically lower rate of interest compared to other fixed rates financing instruments. The attached ordinance authorizes the City Manager to enter into an agreement with the Florida Municipal Loan Council on behalf of the City to obtain funding for the $1,500,000 matching funds. As previously expressed by the City Commission to utilize the $150,000 annual contribution from the South Miami Hospital towards repayment of this loan, a separate resolution will be presented for your approval at the next Commission meeting. Approval of the ordinance will allow the City to move into the next stage of the construction Your approval is recommended