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04-10-01MAYOR: Julio Robaina CITY MANAGER: Charles D. Scurr VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: April 10, 2001 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: April 17, 2001 Phone: (305) 663 -6340 Timer 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business, entity or organization to influence "City" action "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi- judicial and administrative action. It does not apply to not -for- profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER A. Roll Call: B. Invocation• C. Pledge of Allegiance D. Presentation(s) (7:00 p.m.) ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1'. Approval of Minutes REGULAR CITY COMMISSION 1 AGENDA - April 10, 2001 Regular City Commission Minutes - March 6, 2001 2 City Manager's Report 3. City Attorney's Report CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED THE SUM OF $21,400.00 TO LAW ENFORCEMENT' SUPPLY: COMPANY. INC. FOR THE PURCHASE AND INSTALLATION OF 50 WHELEN CORNER STROBE KITS FOR THE POLICE VEHICLES AND CHARGE THE FUNDS TO ACCOUNT 615 - 0000 -3514 -1000 (FEDERAL FORFEITURE ACCOUNT 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING' THE CITY ADMINISTRATION TO DISBURSE TO MC HARRY & ASSOCIATES A SUM NOT TO EXCEED $5,782.00 FROM ACCOUNT NUMBER 001 - 0000 -132- 2050, WHICH IS ENTITLED " MURRAY PARK SAFE NEIGHBORHOOD' GRANT MATCHING FUND" AND, PROVIDING FOR AN EFFECTIVE DATE. 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING- THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $4,,200 FROM ACCOUNT #615 -1910- 521 -4400 (RENTALS & LEASES) FEDERAL FORFEITURE) TO INTERAMERICAN CAR RENTAL FOR RENTAL OF A VEHICLE FOR 7 MONTHS; PROVIDING AN EFFECTIVE DATE. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CHANGE THE VENDOR IN SOUTH MIAMI RESOLUTION NO 19 -01- 11167 FROM ROYAL RENT -A -CAR TO SYSTEMS OF FLORIDA, INC., TO INTERA4ERICAN CAR RENTAL; PROVIDING AN EFFECTIVE DATE. ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CREATION OF SECTION 15 =59, TAMPERING WITH AN ESCALATOR, MOVING SIDEWALK OR ELEVATOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE; DATE. (Ist Reading - March 6, 2001) 3/5 REGULAR CITY COMMISSION 2 AGENDA - April 10, 2001 9. 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. (13t Reading - March 20, 2001) 3/5 10. 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 -01- 1732, AUTHORIZING THE NEGOTIATIONS OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $2,500,00,0 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. (1gt Reading - March 20, 2001) 3/5 RESOLUTION(S)/PUBLIC HEARING(S) There are none RESOLUTION (S) There are none ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2- 2.1(k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM 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 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY 'THIS- BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER' CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A'RECORD OF THE PROCEEDINGS, AND THAT REGULAR CITY COMMISSION 3 AGENDA - April 10, 2001 FOR SUCH PURPOSE,_ AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES. CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. SOUTH MIAMI POLICE DEPARTMENT INTER - DEPARTMENT MEMORANDUM TO: Mayor and City Commission FROM: Charles Scuff City Manager Request DATE: 04 -04 -01 SUBJECT: Agenda Item Commission Meeting 04 -10 -01 Purchase of Safety Equipment for Police Vehicles A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED THE SUM OF $21,400.00 TO LAW ENFORCEMENT SUPPLY COMPANY. INC. FOR THE PURCHASE AND INSTALLATION OF 50 WHELEN CORNER STROBE KITS FOR THE POLICE VEHICLES AND CHARGE THE FUNDS TO ACCOUNT 615-0000 - 3514 -1000 (FEDERAL FORFEITURE ACCOUNT) Background The Police Department requests to purchase and install 50 Whelen Corner Strobe Kits to include: 4 clear strobe tubes, 4 strobe cables and 6 head power supply from Law Enforcement Supply Company. INC. of Miami, Fl. the sum not to exceed $21,400.00 to be charged to the Federal Forfeiture account 615- 0000 -351- 1000.The attached resolution is an effort by the Police Department, through the federal forfeiture account, to implement its Safety Upgrade Program for Police Vehicle Fleet. The aforementioned Safety Upgrade Program consists of 4 clear strobe tubes, which are placed . in the front turn signals and rear lights. This strobe system greatly enhances the visibility of police vehicles when operating in emergency mode and reduces the possibility of accidents. The visibility of police vehicles is greatly enhanced when entering intersections in emergency mode and rear visibility is increased when conducting traffic stops. Beginning Balance: $869847.46 This Request: $215400.00 Ending Balance: $655447.46 Recommendation: Approval 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED THE SUM OF $21,400.00 TO LAW ENFORCEMENT SUPPLY COMPANY. INC. FOR THE PURCHASE AND INSTALLATION OF 50 WHELEN CORNER STROBE KITS FOR THE POLICE VEHICLES AND CHARGE THE FUNDS TO ACCOUNT 615- 0000 - 3514 -1000 (FEDERAL FORFEITURE ACCOUNT) WHEREAS, the Police Department desires to upgrade police emergency lighting equipment for its police vehicles; and WHEREAS, the upgraded emergency lighting equipment will enhance visibility of police vehicles while in emergency mode and on traffic stops; and WHEREAS, the increased visibility will create a safer environment for police officers and citizens; and WHEREAS, the purchase and installation of the Whelen Corner Strobe kit will provide enhanced visibilty and safety for police officers and citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Manager is authorized to disburse a sum not to exceed the amount of $21,400.00 to Law Enforcement Supply from account 615- 0000 -351 -1000, Federal Forfeiture Account; Section 2: That this resolution be effective immediately after the adoption hereof. PASSED AND ADOPTED this 10th day of April, 2001. ATTEST: CITY CLERK 39 40 41 READ AND APPROVED AS TO FORM: 42 43 44 CITY ATTORNEY 45 46 Commission Vote: 47 Mayor Robaina: 48 Vice Mayor Feliu: 49 Commissioner Wiscombe: 50 Commissioner Bethel: 51 Commissioner Russell: APPROVED: MAYOR I CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: Agenda Item # From: Charles D. Scmo, Re: Comm. Mtg. 03 /10/2001 City Manager Additional Services for Multipurpose Center Phase 2 REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY ADMINISTRATION TO DISBURSE TO MCHARRY & ASSOCIATES A SUM NOT TO EXCEED $5,782.00 FROM ACCOUNT NUMBER -001- 0000 - 132 - 2050, WHICH IS ENTITLED " MURRAY PARK SAFE NEIGHBORHOOD GRANT MATCHING FUND AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND &ANALYSIS: As part of the design effort on the Multipurpose Center of Phase2 it is necessary to conduct soil bearing and percolation testing in order to do proper structural and drainage design. MCHarry will retain Intercounty Laboratories, Inc for the services. Intercounty Laboratories, Inc will be using pre- approved Miami Dade County Fee Schedule for Commercial Testing Laboratories. RECOMMENDATION: Approval. Attachments: Proposed Resolution for Adoption Consultant Proposal K/commission item/2001 /04 -10 -01 i 1 2 RESOLUTION NO. 3 4 5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 6 SOUTH MIAMI, ' FLORIDA, RELATING TO AUTHORIZING THE CITY 7 ADMINISTRATION TO DISBURSE TO MCHARRY & ASSOCIATES A SUM NOT TO 8 EXCEED $5,782.00 FROM ACCOUNT NUMBER . 001- 0000 - 132 -2050, WHICH IS 9 ENTITLED " MURRAY PARK SAFE NEIGHBORHOOD GRANT MATCHING FUND" 10 AND, PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City has completed a Master Planning Phase and initiated a schematic design Phase 13 for the Multipurpose Center Phase 2, and l' 14 15 WHEREAS, there is a need to do testing to determine soil bearing capacity and percolation rate, and 16 17 WHEREAS, the MCHarry & Associates desires to retain Intercounty Laboratories, Inc for the 18 services, and j 19 20 WHEREAS, Intercounty Laboratories, Inc has used Miami Dade County Fee Schedule for the 21 services, and 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 24 CITY OF SOUTH MIAMI, FLORIDA: 25 26 Section 1. The City Administration is authorized to disburse a sum not to exceed $5,782.00 to 27 MCHarry & Associates for the required testing. 28 29 Section 2. The disbursement shall be charge to expenditure account number 001- 0000 -132 -2050, 30 entitled "Murray Park Safe Neighborhood Grant Matching Fund ". 31 32, Section 3. This resolution shall take effect immediately upon approval. 33 34 PASSED AND ADOPTED this 1 Oh day of Apri1,2001 35 36 37 ATTEST: APPROVED: 38 39 40 41 42 CITY CLERK MAYOR 43 44 45 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 46 Mayor Robaina: 4'/ Vice -Mayor Feliu: 48 Commissioner Russell: 49 Commissioner Bethel: 50 CITY ATTORNEY Commissioner;Wiscombe: 51 52 FEB.27.2001 3: 55PM MC HARRY ASSOC NO.726 P.2/5 MCHARRYASSOCIKES • Febrtiary 20, 2001 ADDITIONAL SERVICES REIMBURSA13LE EXPPSE REQUEST To: Subrata Basu, Assistant City Manager City of South Miami TI-4 Re: Murray Park - Phase 2 A-0001 "Oft, Sail Borings and Percolation Tests - Reimbursable Expense' A escrintion Provide soil borings and percolation tests of the selected areas dWe site In accordance with proposal secured from Intercounty Laboratories, dated Feb This work shall be done as a reimbursable expense, 'at cost! JN, 1Nki-1`V10B--1' U MGHarty Engjneefing Prin. PMIPA 1Draft Hrly rate Man hours and Fees None Total Hrs 0% 0% Reimbursable Expense - Direct Expense Soil Borings and Perc Tests - Intercounty Laboratories 2-19-01 5,782 Total Authorized Amount: $ 5,782 W. Pliefsol, Al Ameptance - Client date FEB.27.20011 Y 3 :55PM MC HARRY ASSOCVD -QDI `t4W -N©.725 'P.3/5 February 19, 2001 M.C. Harry 4e Associates 2780 SW Douglas Road Suite 302 Miami, igorida 33139 Attention: Mr. Javier Torres Phone: (305) 445 -3765 VIA FAX: (305) 446 -9805 Reference: Revised` Proposal for Geotec finical Engineering Study Murray Park Multi- Purpose Center Phase 2 6700 SW 58`" place South Miami, Florida 308 NvrtMaelt 110th SUM N. Mismi Nui, n33149 Tclapbons. (305) 631.8483 FUmalles (30s) 451 -"60 Dear Mr. Tcnmes: intercounty Laboratories, Inc. (IL) is pleased to present this proposal to provide the geotechnical engineering services requested for the referenced addition. in =ordance with your request ror , Proposal. IL has prepared the following scope of services, fee schedule and project budget. The Miami -Dade County "Fee Schedule for Commercial Testing Laboratorice' was used for the preparation of this proposal. PLANNED SCOPE OF SERVICES IL'N scope of services for this project consists of eight (8) Standard Penetration "Pests to depths of up to 20 feet glow existing grade, four (4) South Florida Water Managernent District "Usual Open Ilole" tests, and two (2) double ring infiltrometer tests. The results of the geotechnical exploration, will be presented in a preliminary report encompassing a presentation and discussion of the roilowing: 1. Logs of the exploratory borings, percolation, and infiltrometer tests 2. Discussion of subsurface sails and groundwater levels 3. Foundation design and site preparation recommondations FEB.27.2001 3:55PM MC HARRY ASso(p _651 --4460 Fen ly 'LN0.7261 rUP.4i5 MN t Lr%t.U"NT`v . ­ Revised Proposal for Gcotechnicai Exploration Felnewy 19, 2001 Murry Park Multi Purpose Center phase 2 South Miami, Florida 1.0 Standard Penetration Tests (ASTM D -1586 0 - 2U foot depth with cssitig. per linear foot ..... .........,.. ................. ... $ 13.00 .., .. .... anag ` ual,, Open Holel test, per test ........ , ................ . $ 350.00 2.0 South Florida Water M ent Distritc `U:� 3A D��ubte Ring Infiitrdmeter Pest, 2 tests minimum, per teat .. .............,. ,....... $ 425.00 4.0 Registered Professional Engineer / Speefid Inspector, pe;r hour ............................................ ......................... $ 90.00 S.0 Engtiwter ng Technician, per hour ................... .... .... .............. ... ...... ................ ...... $ 38.00 PROACT BUDGET For the work itemized above we have prepared the following project budget. Any additional work required will be billed at the unit rates shown above. Standard Penetration Tests, 8 @ up to 20' each . .. .. ........ .......... ............................... $ 1,920.00 Site recognizance and supervise undcrgrournd utility clearance, 1'4 hours ?a $381hr................ $ $32,00 Percolation Tests, 4 @ $ 350 / test ........................................... ............................... ........... $ 1,400.00 infiltmmeter Tests, 2 0 $425 / test ............... ............................... ............ ............................... $ 850,00 Registered Professional Engineer for Sitc VisivR.ecommendation Report,! 12 hrs r@ 901iu .... 1s .090_.00 Estimated Fees ........................................... ............................... ...... ............................... $ 5,782.00 payment due in felt upon completion of field work. Trilling fees assume that test locations are accessible to our truck mounted drilling equipment; additional charges will apply if portable or all- terrain equipment is required. The above fees do not include any protective or restorative measures for the landscaped areas. It is imperative that any plans or information regarding und8rgnmund utilities be provided to TL we cannot be held responsible for utilities if we are not properly informed. TL looks forward to the opportunity to assist M.C. Harry & Associates on this project and we are confident that our expertise will professionaily render the required services. Please sign this proposal in the appropriate space and return one copy for our record. Client and endorser &grow to the "Standard Terms and Conditions" (on reverse side) for the work as authorized and pertbrmed. if you have any questions or require further assistance, please contact the undersigned, at (305) 651 -8483, Respectfully submitted, Approved By: TNTERCOUNTX LABORATORIES. INC. M.C. HARRY & ASSOCIATES . 'A/ t 1 fnila Budik P,E. mot Project Engineer Signatwe Hate 1NTERCOUNTY LAISORATORM. INC. "•%%:,'`i. -' -.. g 3: 56PM 'MC HARRY ASSOOL)t tf )1-440V rcu + `NO.7261;. .P.5/ �..... __ __ _ Yttfiefwrtttty Laboraborks,l�tc; (ILi - _ 308 N.W.170tb Street, North Mia nd t3e46, FkWida 33169 I, talent ""grew, to pay IL the fees Jist d for the work. 2. IT. reserves the right to ..cad or termineo work under dal;" u on rccel t. Client s< gees to t1s►nont u failure of the Client to ply Invoices as due. All invoices are payuhlc p P pay n �rvlce charge of 1 -1134" per month on all open 11"Iausees pverthirly :(30) days imd a lint time charge of ste>r,ntty five stalltttx ($75.t)0) t<= pay r,>r ji. admitll7trltive �, (br collection. If anti rn+tslde collection scav4a tcnd/pr uttO"%y fees wV required ror cc4+ttdning t>++ytttcnt of fees, clirntoatd eaderetr spree to pay all fees a►i+d em" at all stages or litlRaticm. Client and/nr iL may coral this 0r+tt'ect at anytime upon thins (30) daye wrinen nptiCc to the other. Client rates to PAY chwVs !nr work sxtmpleted by 1L through duto ofterminartan. 3. Acceptance of this wai'k does not preclude iL horn undertaking work of a similar name for others. e. IL mainutins worker's Compens4tion Iri, outface in t•'ostfonnartcc with state laws, S. Any work done; at the request of the Llient iusd not specifically listed herein sbaall be cb4rgcd for as an extm t4. tfragttesled by 'Clicat In writing, tes,..gemples used by IL in the conduct of this project will be reWhed thirty (30) days aitcr 11, submits its areprar% Em: twisamples will be discarded immediately. After the Wi-ty (30) day period, vatiiples will be disCee+deri V. ss other arnmScm no; ere catin writing tsy the talent Storage charges will be Invoiced for matcrialc rolained beyond thirty (30) Jays, it the Olent rcgimesty that rials be roomed, shipment will be mildc COO- I'Iu=ardous ttsaterials will be disposed of 4 ClienCs stole e><pamse and rmiornsibillly. 7. t7icnt certlfie. thus he has the authority to euthorica work.ann said property. Beemac adverse Andhigs olxanicd an bchalrofthe client may rcdalcc a propeny's worth /, and/or value, clicat shall be responsibic for project related legal deronse and liabilities directed to IL. 8, Client will furnish right- ofentay on the land for IL to 'make the planned tem. iL hu not iavluded the twat of daxmsgc which may result Irvm 11, openuions in fee. i r clScnt dealr+es IL to restore the land, services, utilities or structures to chair former t onditien, IL will accomplish this for an additivntd fee. 9. tt shall lie me ropowiblllty orthc owner or tail duly suthnrizcd represemttetirc to disclose the pm1cnca&I aopvmttc location ort♦ti hidden nr obscure 1"411 made ohjects. Ir iL is caudoited, advised or given data in writing that rdveatl the pmW= of tuidergrenind or overhead obst uction& sloth rr utilitie, iL will relay tlos info=Oon to our held pencnrinel, For 77en thrllM 010.00) tend other good and valuable uonsiderntinn. the receipt of which Is luxeby acknowledgal, the c�llcnt ch1111.' 10 the fuilact extent permilied by law, indamnify and hold hmmles 11, its ot!Fleen, directors, cmpioyces, ag�nte +rod subconsultanis atom and sgaitm ill gwMAc, liability and cost, including reamnable stiomey's fear and dekiise ctt? K ntising out of on in any way cxrnnccted with the perloranaoco by spy orlhc panlet above Ranud of the services under this eYrccttmnt, excepting only show damages, liabilities or costs attributable to the gross negilgence or willful misconduct of 1L. 10. Oient will not use or educe to be uwd any IL reports, corresporadcgce, or reproductions thereof; for advertising, xWes promotion, or other public* Purl; : ,without prior written permission of IL. 'Ulant ttarthor sgrccs not to voluntarily present any data or lnforntation obtat ncd "VI till+ investigation us evidence in any dispute. litigation or other administrative proceeding wiftlil priorwrhren ptrfiission of 11.. All documents prnulueeJ 1L' lined tills agreement shali rcuu4n the propcM of il. and mny not be used by the etitnt for rosy other endeavor without tilt written consent ate' 11 It, In the'cvei"tthat 11, Is requatted by Clictit or required bylaws, teKtty Qr to provide discoyoryrelating to its work on this project ( including. without frnirut cnt,l testimony or discovery in connection with any deposition, subpoena or any tubpucna dum tosum), client 111811 Puy the drat Incurred by It. In Won: action therewi th (inclu&16 without limitation, xWrdme chat $iw and rcmwnable attorneys! fees and costs). 12. It. wild ca ixc rcnsonnble skill and judgment, normally excivisal by 419 laboratories performing similar professional service% 11. is not e Euarsrttnr of project k+ whirl" its bictvicw we directed, and Its rellxtnsibility is titaited to work specifically petfomwd fur the Client: IL titsII not be reaputt;ibie ibe acts or omissions of the Client* nor thW patties not under control urlL Furtltctroom IL malted no wor mty. tsithcr tacpreaed or impli ' at to 111, .4 Iinding5, pee nrnrmanledicmy, pilaus, spcctftartiorrs, eS> profcssipnal advice Ii. has endeavarca to perform Its services' in accoi%lurnxe whit c I accepted standard of practice In ei%et at the lime a =rpexlartnivtoe, Clioxlt reeogalzcs tttac tuid"ar Ji. nc►r stns of IL's 1116- eonsulRsnt t=weay �Klucitrry respynsibility to Client, For Oj i Fitmdrecl Po7lnrs ]5100.00) the teccipt aurae sufficiency of oar hereby acktanwtedgtd by client. II, sold client egret that nolthor ll., its agcnl., cnnsuiLvtt% ernn)nyeec ac well as ndtrendent condaetoss t+ttninott by 1L for the ttFeertaccd ptojeer ahaU be jointly, severalty or individually iinblc to the cll4t in cxt s of one half the eompattstlon paid to II. by client pursuant to this agrawnc-n by rosson of any act or *mission, including hroatch of co I or c;jigence net amounting to a willfal-or intentional wrong. Not withaattding the roregoing neither II., its agents. consultants. cmplo I as well as Wcpcndcnt contructoM shall be joiNtly, severally or individually liable in'cxcess of 'ran *Mausand nollam (S in,(1o0 14. Field work wilt/ ua pe tbm"ed only undo r safb conditions. Client agrees to pay if. for charges over and above the contract "amount for safoty or security tttaaures;nyuiroct by luizia %jots job conditions caul for measures to confurita with all regulatory, statutory, ofotber legel rcquirctncnts. is. IL sh"I 1 not k+a +n default because of fatilura W perfotm this agreement under its terms If failure arias from a uses beyond the control turd witlutttt the "atilt r ncRNgcnec of',IL. Examples of theta causes Include but are not limited W i)iscts of God, 2)fires, 3)tloods, 4)cettltquakos. S) Cqu!MT anti / tlailurc,I b)sarik - 7)trvight emburgues, 8ly6vcm w"Lher and 9)War of Cavil Dlswrbm=L 111, Thi& wmtrowt cantains the entire agreement hetwe m the potties, both parties certify they have read, tmdcrstertd, iutd atgrec to both the conmet and tine spbclai cnndltlons hereon and there we not verbal agreements other than thow which have bw roducccl to writing and included in this agreettjait 17, This on let iS hilt binding upon 11. utttq accepted to writing„ by ti . and client; and the rertiea Mm that when it is su eec;rptr i. it will become it valid and btndiO contract. I(d, CIfBriT Wtlltttlls thm neither 1L nor any of IL's sub- couvuLfarits or subcontractors 11114 ot2etmd any t dtttiasry service to Client and ra fiduciary responsibility si"""ll be owed to am by 1L of my of 1L'1 Rib•consultants or sut,eonuaetors, a>5 a eon>zagv + of 14'1 cntcrinR into this ataraement With 1Ltie4u. City of South Miami INTER - OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: March 23, 2001 and City Commission FROM: Charles Scurr, t -� Re: Agenda Item # City Manager's Comm. Mtg 4/10/01 The rental of one auto - mobile for undercover police operations. REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $4,200 FROM ACCOUNT #615- 1910- 521 -4400 (RENTALS & LEASES) (FEDERAL FORFEITURE) TO INTERAMERICAN CAR RENTAL FOR RENTAL OF A VEHICLE FOR 7 MONTHS; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Police Department engages in various undercover and surveillance operations through the Special Investigations Unit. Street level crime interdiction and drug enforcement are both performed by the officers of the SIU. Vehicles can only be used for a short period of time before they are identified. Hence, the Department is continuously turning in these vehicles for different ones. This ability allows the unit to remain operating at optimum performance. Three vehicles are currently in use, a fourth is needed: These quotes were obtained. Royal Rent -A -Car Enterprise Rent -A -Car Inter - American $724 per month $725 per month $695 per month Funding of $4,200 from account #615 -1910 - 521 -4400 (Rentals and Leases) (Federal Forfeiture): RECOMMENDATION Your approval is recommended. CS /gFsh 1 2 3 4 RESOLUTION NO. 5 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 7 OF THE CITY OF 'SOUTH MIAMI, FLORIDA AUTHORIZING 8 THE CITY MANAGER TO DISBURSE A SUM NOT TO 9 EXCEED $4,200 FROM ACCOUNT #615 -1910 -521 -4400 10 (RENTALS & LEASES) (FEDERAL FORFEITURE) TO 11 1NTERA VIERICAN CAR RENTAL FOR RENTAL OF A 12 VEHICLE FOR 7 MONTHS; PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the Police Department is committed to addressing crime problems 16 through various proactive programs; and 17 18 WHEREAS, one such program is the Special Investigations Unit made up of 19 police personnel in plainclothes and in unmarked vehicles; and 20 21 WHEREAS, the Police Department is in need of an additional rental vehicle for 22 this endeavor; and 23 24 WHEREAS, Interamerican Car Rental is the lowest of three written quotations; 25 and 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 City Manager is authorized to expend an amount not to exceed 31 $4,200 from account - #615 -1910- 521 -4400 (Rental & Leases) (Federal Forfeiture) to 32 Interamerican Car Rental for the rental of 1 automobile for 7 months. 33 34 Section 2. That this resolution be effective immediately after adoption hereof. 35 36 PASSED AND ADOPTED this day of , 2001. 37 38 ATTEST: APPROVED: 39 40 41 42 CITY CLERK MAYOR 43 44 45 Commission Vote: 46 READ AND APPROVED AS TO FORM: Mayor Robaina: 47 Vice Mayor Feliu: 48 Commissioner Russell: 49 CITY ATTORNEY Commissioner Bethel: City of South Miami INTER- OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: March 23, 2001 and City Commission FROM: harles Scurr, Re: Agenda Item # City Manager Comm. Mtg 4110/01 Change Vendor in Resolution #19- 01- 11167` REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO CHANGE THE VENDOR IN SOUTH MIAMI RESOLUTION #19-01-11167 FROM ROYAL RENT -A -CAR SYSTEMS OF FLORIDA, INC. TO 1NTERAMERICAN CAR RENTAL PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Resolution #19-01-11167 provided for the Police Department to lease vehicles for various undercover activities. On February Oh, 2001 this resolution was passed and adopted by the City Commission. The dollar amount was based upon an existing Miami Dade contract. Subsequently, Royal Rent -A -Car Systems of Florida Inc. notified the Police Department that the rental rates would be increased from $638 per month per vehicle to $724 per month per vehicle effective April 1, 2001. Two new price quotes were obtained, as follows, per vehicle: Enterprise Rent -A -Car $725 per month Inter- American $695 per month RECOMMENDATION Your approval is recommended. CS /gFsh 1 2 3 4 RESOLUTION NO. 5 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 7 OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING 8 THE CITY MANAGER TO CHANGE THE VENDOR IN SOUTH 9 MIAMI RESOLUTION #19 -01 -11167 FROM ROYAL RENT-A- 10 CAR SYSTEMS OF FLORIDA, INC. TO INTERAMERICAN CAR 11 RENTAL; PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on the 6th of February, 2001 the City Commission passed 14 Resolution # 19 -01 -11167 authorizing the City Manager to disburse sums of money 15 to Royal Rent -A -Car Systems Inc. on behalf of the Police Department; and 16 17 WHEREAS, Royal Rent -A -Car Systems, Inc. notified the Police 18 Department of a substantial increase in costs effective April 1, 2001; and 19 20 WHEREAS, Interamerican Car Rental subsequently was the lowest of three 21 quotations obtained for rental vehicles; and 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 25 26 Section 1. The City Manager is authorized to change the vendor in 27 Resolution #19 -01 -11167 from Royal Rent -A -Car Systems of Florida, Inc. to 28 Interamerican Car Rental for the remainder of the 2000 -2001 fiscal year. 29 30 Section 2. That this resolution be effective immediately after adoption 31 hereof. 32 33 PASSED AND ADOPTED this day of 52001. 34 35 ATTEST: APPROVED: 36 37 38 39 CITY CLERK MAYOR 40 41 42 Commission Vote: 43 READ AND APPROVED AS TO FORM: Mayor Robaina: 44 Vice Mayor Feliu: 45 Commissioner Russell: 46 CITY ATTORNEY Commissioner Bethel: 47 Commissioner Wiscombe: P";.F.— .R;,b,� March 19, 2001 Attn: Robert Barrios From: Devon Dolam (Night Manager) at Inter- American Robert, In reference to our phone conversation, Inter- American has agreed to provide the South Miami Police Department with vehicles of their choice. The rate for these vehicles will be $695.00 per month and this will cover any vehicle from a midsize up to and including sports utility vehicles such as Blazers, Rodeos, Explorers etc. At this rate the police department will assume responsiblility for all damages to our vehicles.They will assume eollission, theft, and liability to third party. Please send me some information about your billing department. I need to know who is the contact person and what's the address fo your billing department. You may start picking up cars as early as 03/20/01. These contracts will be rewritten on a monthly basis. For questions or comments please call Devon Dolam at (305) 871 -3030 ext 250 or Raid Nteban at (305) 871 -3030 ext229. Thanks. ,< Sincerely t 'd Sb00 LG©SOC t e"IuaN ae:; ue - t _1du 1U Ja iu d0? :go 10 6 t -1eW n �NTEIzP2rs r✓ CONFIDENTIALITY Given the nature of the use of these vehicles, Enterprise is fully aware of the need for confidentiality and will do everything in its power to ensure the same. BILLING AND PAYMENT The South Miami Police Department will issue a purchase order to cover the expenditures under this agreement. Enterprise will invoice on a monthly basis and expect payment within 15 days following usage period being billed. MODIFICATIONS OF VEHICLES Enterprise specifically agrees that the South Miami Police Department may at it's own expense apply window tinting to the windows of any agreement vehicle. The department may also at it's own expense install any electronics equipment it may deem necessary providing said installation shall cause no permanent damage to the vehicle. CAR CLASSIFICATIONS CAR CLASS I 1L4KE MODEL BUICK REGAL CHEVY MALIBU CHEVY LUMINA DODGE STRATUS FORD TAURUS MITSUBISHI GALANT PONTIAC GRAND PRIX SUZUKI GRAND VITARA CHEVY S -10 FORD F150 DODGE RAM CHRYSLER SEBRING MERCURY GRAND MARQUIS GMC JIMMY JEEP CHEROKEE MITSUBISHI MONTERO SPORT CHEVY BLAZER FORD CARGO VAN MONTHLY RATES CAR CLASS 1 $724.99 .MAKE BUICK CHEVY CHEVY DODGE MERCURY" PONTIAC SATURN TOYOTA CHEVY DODGE BUICK NISSAN 'FORD G"VIC JEEP TOYOTA CHEVY CHEVY" ,tIODEL CENTURY, MONTE CARLO IMPALA INTREPID SABLE GRAND AN L200 CAMRY SILVERADO DAKOTA LESABRE MAXIMA EXPLORER ENVOY GRAND CHEROKEE 4RUNNER TRAILBLAZER CARGO VAN City of South Miami INTEROFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: r Apri 1 6, 2601 and City Commission F ROM : Charles Scurr , 6v�Re: Agenda Item City Manager Comm' Mtg # A _ n ri 1 10 2001 Creation of Section 15- 9 REQUEST Request for the creation of Section 15 -59 of the Code of Ordinances of the City of South Miami to prohibit tampering with an escalator, moving sidewalk or elevator, except in an emergency. BACKGROUND AND ANALYSIS Many buildings located within the City are equipped with elevators. The Shops at Sunset Place is equipped with several sets of escalators. As more buildings are erected more escalators and elevators will be installed.. These units are equipped with an emergency "stop" button when an emergency arises necessitating their immediate shutdown. Unfortunately, there exists a certain element within society who find it amusing to activate these emergency buttons for no reason. Especially on an escalator these activations cause the immediate cessation of function which can lead to persons falling and being injured. There exists no current state law, county or local ordinance specifically addressing this issue. Enactment of this ordinance will allow the Police Department to take the appropriate enforcement action when this type of incident occurs. Section 15 -59, enacted in 1954_ and deleted and superseded in 1970 by Section 15 -55 has been reserved to maintain code format. The placing of this new ordinance under Section 15 -59 would use a valid, yet void number compatible with the following numbered sections. RECOMMENDATION Your approval is recommended. CS /GFlsh MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review fik/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami Dade County, Florida; that the attached copy of- advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS 4 /10/01 ORD. 'CREATI'ON OF SECTION 15 -59, ETC. in the .............) :XXKX:KX................. Court, was published in said newspaper in the issues of Mar 30, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami- Dade County, Florida, for a,period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm r corporati 'discount, rebate, com- mission or refu for the pose of becuring this advertise- ment for pub said new paper. ........ u..i. -.. ..emu..: r.r : r.: f .... r.rr�..... . 30 March (SEAL) P"M Octelma V. Ferbeyre 6d Met re me this 2001 A.D........ TARYSEAL LERENA RTE OF FLORIDA 40 CC 912958 t CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting Tuesday, April 10,2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fol- lowing described ordinance(s): [AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CREATION OF SECTION 15 -59, TAMPERING WITH AN ESCALA- TOR, MOVING SIDEWALK OR ELEVATOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFEC- TIVE DATE. (1st Reading - March 6, 2001) 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. (1 st Reading —March 20, 2001) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVE- MENTS TO MURRAY PARK, AMENDING ORDINANCE NUMBER 1 -01 -1732, AUTHORIZING THE NEGOTIATIONS' OF A LOAN 1N 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 AGREE- MENT; APPROVING THE EXECUTION AND DELIVERY OF A DIS- CLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MAT- TERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. (1st Reading ,- March 20, 2001)_ Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular office' hours. Inquiries concerning these items should be directed to the City Manag- er's office at: 663 -6338. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing 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 evi= dence upon which the appeal is to be based. 3/30 0 1 -3 18l14868M City of South Miami INTER- OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: Aori 1 6, 2001 and City Commission FROM: Charles Scurr, Re: Agenda Item #_ City Manager fC444 Comm. Mtkpri 1 10, 2001 az 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 51 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE AMENDING 5 OF SECTION 15 -6, CARNIVALS, SIDE SHOWS, STREET SHOWS, 6 ETC., PROHIBITED WITHIN CITY LIMITS; OF THE CODE OF 7 ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR 8 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 9 DATE. 10 11 WHEREAS, Sections 15 -6 of the City Code of Ordinances prohibits street festivals 12 in various forms within the City limits; and, 13 14 WHEREAS, several times per year sanctioned and permitted events are conducted 15 on the city's streets which would be prohibited acts under this ordinance; and 16 17 WHEREAS, this ordinance was enacted in 1950, before any of the current events 18 aforementioned existed and at a time when people of dubious repute conducted such 19 activities; and 20 21 WHEREAS, the City Commission has expressed their desire to have the City's 22 Code of Ordinances brought up to date by deleting obsolete material; and 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. Section 15 -6 of the Code of Ordinances of the City of South Miami 28 currently reads as follows: 29 30 Section 15 -6 Carnivals, side shows, street shows, etc., prohibited within city 31 limits. 32 Carnivals, side shows, street shows, medicine shows, expositions companies 33 or shows or performances given within tents, whether covered or uncovered, or shows or 34 performances given in any temporary enclosure, conducted for profit by concessionaires 35 are hereby prohibited within the city limits. (Ord. 202 § I, 3- 21 -50) 36 37 Section 2. The City Commission hereby amends Section 15 to delete the 38 existing Section I5 -6 in it's entirety. 39 40 41 42 43 Atlditinnc drown by rnndinlinino and rleletinnc chnwn by cave 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 Derformances and other forms of commercial entertainment are allowed within the city limits only upon 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 day of , 2000. ATTEST: CITY CLERK 1" Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: TA. • 7 COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Additinnc drown by znnlerdinino and rdeletinnc chnwn by w ;PxR z MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octetma V. Ferbeyre, who on oath says that she is the Supervisor,, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS 4/10/01 ORD. CREATION OF SECTION 15-59, ETC. in the ............,x�.?` KXXX ................. Court, was published in said newspaper in the issues of Mar 30, 2001 Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporati discount, rebate, com mission or refu for the pose of 'curing this advertise- ment for pub ` t i said new paper. orn to ands scab of re me this 30 March 2001 ..... /t.o.. /..i..i A.D.. :fx ty . . or ........ • r. (SEAL) ;7l- ARY SEAL E'77 LLER£NA Octelma V. Ferbeyre Y I JILTS OF FLORIDA CMMIS>(ON NO. CC 912958 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a`Public Hearing during its regular City Commission meeting Tuesday, April 10, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fol- lowing described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CREATION OF SECTION 15 -59, TAMPERING'' WITH AN ESCALA- TOR, MOVING SIDEWALK OR ELEVATOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFEC- TIVE DATE. (1st Reading - March 6, 2001) [PROVIDING N ORDINANCE OF THE -MAYOR AND CITY COMMISSION OF HE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MENDING OF SECTION 15 -6, CARNIVALS, SIDE SHOWS, TREET SHOWS, ETC., PROHIBITED WITHIN CITY LIMITS; OF HE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; FOR SEVERABILITY, ORDINANCES IN CONFLICT ND AN EFFECTIVE DATE. (1 st Reading - March 20, 2001) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVE- MENTS TO MURRAY PARK, AMENDING ORDINANCE NUMBER 1 -01 -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 LOAN 'COUNCIL; ,APPROVING THE EXECUTION AND DELIVERY OF A'BOND PURCHASE AGREE- MENT; APPROVING THE EXECUTION AND DELIVERY OF A DIS- CLOSURE AGREEMENT PROVIDING CERTAIN OTHER MAT - TERS IN CONNECTION WITH THE MAKING' OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. (1 st Reading - March 20, 2001) Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the City Manag- er's office at: 663 -6338. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- Ing 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 evi- dence upon which the appeal is to be based. 3130' 01- 3- 18/14868M - CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Mayor Date: _ Apri 1 6, 2001 - and City Commission From: Charles D. Scuff Subject: Agenda Item # /0 City Manager Commission Meeting Apri �T - 10, 2001 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 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 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 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 0) 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 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 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 12001. APPROVED: MAYOR 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 ofthe 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 -1702 ,T - 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 16"' day of January, 2001. ATTEST: CITY CLERK Cl 1" Reading — 12/19/00 2" d Reading — 1/16/01 READ AND APPROVED AS TO FORM - -ff"/ G (',-' /') CITY ATTORNEY APPROVED � .Z ' MAYO COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice Mayor Feliu: Yea Commissioner Wiscombe: Yea Commissioner Bethel: Yea Commissioner Russell: Yea 3 Ord. No. 1 -01 -1732 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: J a nu a-ry ' 12 `1 0 01 From: Charles D. Scurr Re: AGENDA ITEM # r City Manager !''- Commission meeting ` J.an•, 1.6,9 20 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 . 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. 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 II. 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: 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 I MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dade County, Florida; that the attached copy of advertise- ment, being s Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARINGS 4/10/01 ORD. CREATION OF SECTION 15 -59, ETC. in the ............ XKKNXXX ................. court, . was published in said newspaper in the issues of Mar 30, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami Dade County, Florida; and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm r corporate �new discount, rebate, com- missiomor refu for the poecuring this advertise merit for pub ' ate i said aper. ........ .... .... ... . .. ... ....... ...... orn to and s scrib of re me this 30 March 2001 A.D........ (SEAL) O 1AL NOTARY SEAL At�SE74 L SRENA Octelma V. Ferbeyre y "rtik`M OF FLORIDA COMMISSION NO. CC 912958 I N CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting Tuesday, April 10, 2001 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fol- lowing described ordinance(s); AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF` THE CITY OF SOUTH MIAMI, FLORIDA; RELATING TO THE CREATION OF SECTION 15 -59, TAMPERING WITH AN ESCALA- TOR, MOVING SIDEWALK OR ELEVATOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFEC- TIVE DATE. (1st Reading - March 6; 2001) 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. (1st Reading - March 20, 2001) AN °ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO IMPROVE- MENTS TO MURRAY PARK, AMENDING ORDINANCE NUMBER' 1 -01 -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 LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREE- MENT; APPROVING THE EXECUTION AND DELIVERY OF A DIS- CLOSURE AGREEMENT; PROVIDING CERTAIN OTHER' MAT- TERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. (1 stReading —March 20,' 2001), Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. Inquiries concerning these items should be directed to the City Manag- er's office at: 663 -6338. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk' City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub - lic.that if a person decides to appeal any decision made by this Board, Agency or Commission' with respect to any matter considered at its meet- ing 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 evi= dente' upon which the appeal is to be based. 01- 3- 18/14868M 71331 a 7145 : II\ 1 - ---- PzsC Nlre 1 I I , i 6890 6 1 I 1 1 1 I I 1 1 I 7121 1 1 73m i i j 7m1 7340 734, #zs° e755 1 734, ' I ----- — _7�7_ 7300 I e E- 1 a B `.s XSFJI° \B 1 7401 1 1 I 1 6700 I - -- - - -- - -- __ I 1 I 1 1 87� Y i �6Cnpine 1 1 7421 ; em 6770 8750 '� I H ' ,1 851, fiBDi 6551 E893 I'• -74$0 1 7441 7511 ,I 1 11 5590 1 1 7531 1 8470 66m o li e e I U 1 I 11 B 1 II 1 1 8910 1 it 1 , 1 I 11 1 1 1 1 II 1 7600 I 1� 1 1 It 1 1 I � ego p I 7700 i I 57� 6(.i7 n10 I� � � 1 8775 6747 , i 1 1 I 77� 1 1 11 5m3 �.. , 6881 6687 sas, / 7719 __ ^� (2)B°U,s Teppitpl5eees ^3xC` 773 1 140 ' 8' 7720 ii 1� 1 I I � I s7a4 57.w 6721 n 7rz1 X30 65� 5510 Gem 6570 1 j ' 1 7721 8880 8870 Gem e65o 0 0 883D 68m BBOD 8792 87@ 8772 682 7751 It 7740 11 7750 1 1 I 11 � fio ; �i 7731 n I awl 7741 5791 6777 8741 5747 0 06727 4777 7e10 ii 7m1 e5zs 6511 w esg3 6s1s 1 6e7s 8861 8831 fia,e em7 ii F s 1 1I C It d 7/9D I .� 6885 111 II 11 +° P I$" b EI em 6m1 s i I s7aa s7a 5740 II ss9a 6eaa 6510 70° I eeao 6eeo ee7o 55m fie90 sea9 e5 1z 5mo ail s79z o 57eo e7ro sreo 7e4o ii ° ;�$ A � 11 ° 7871 4i 7851 7%0 R41 P 7850 �� 7591 8825 _fifi1, 6557 8551 P P 7980 ; I ml 7850 Ali 1 ]854 �� K PP 1 I e+ 7954 789 II 7%4 79M III ^ ^s� 14. P jI ; G88, We, WS, D ', 7862 E� .� 7910 I 7562 7851 11 P I ( 6525 6515 7902 7901 7902 II 7901 M 1 EE01 PP �a ... 1 I 7802 II 6925 I i mm 6570 BBm 5� 6781 8761 I 8747 8711 t' -------- - - —e-- a.. 6811 — ..n.. a ^WZ 12T � �_ — _ 1 .... _ — — a i N 100 0 'p0 �0' d00 Bb B]0 10 reN W�E S r City of South Miami -WATER MAIN'` EXTENSION, PHASE IA ESTIMATED MATERIALS QUANTITY Streets Length Est. No. of homes to service 8" GV Fire Hydrants A 1,020 14 2 3 B 1,750 39 4 6 C 500 17 3 2 D 550 9 2 2 E 400 8 2 1 J 550 9 2 2 Sub - Total: 4,770 96 15 16 5 %'mar in of err 239 Grand Total: 5,009 Legend: A SW 69 Avenue between SW 76 Terrace and SW 80 Street B SW 77 Terrace between SW 67 Avenue and SW 69 Avenue C SW 78 Terrace between SW 68 Avenue and SW 69 Avenue D SW 68 Avenue between SW 78 Terrace and SW 80 Street E SW 67 Court between SW 80 Street and end of cul -de -sac J SW 74 Street between SW 67 Avenue and SW 68 Avenue City of South Miami - WATER MAIN EXTENSION, PHASE 113 ESTIMATED MATERIALS QUANTITY Streets Length No. of homes to service 8" GV Fire Hydrants F 830 15 2 2 G 250 1 2 1 H 600 8 2 2 650 9 1 1 I< 400 1 1 1 Sub - Total- 2,730 34 8 7 5% margin of err 137 Grand Total: 2,867 Legend: F SW 78 Terrace between SW 65 Place and SW 67 Avenue G SW 75 Terrace between SW 65' Court and SW 67 Avenue H SW',65 Court between SW 74 Terrace and SW 75 Terrace SW',68 Court between SW 72 Street and SW 75 street K' SW',79 Street between SW 66 Avenue and SW',6,7 Avenue From: Orlando Martinez de Castr Re: Code. Enforcement PW /CE Director Quarterly Report As you are aware the Code Enforcement unit was transferred at the end of last fiscal year 2000, to the Public Works Department. m Since the transfer the unit has diligently implemented a series of reports in order to provide guidelines of procedures, supervision and monitoring of its personnel productivity. The Code Enforcement Manager, Mrs, Eva Rosa, implemented t h ese reports and guidelines. Her assistance, positive attitude and relentless effort continue to improve the unit. The quarterly results are astonishing. I personally believe that the Quarterly Report will be an t excellent tool to monitor the productivity of the unit. Enclosed please find the following: L C.E. Quarterly Activity Report from 1/2/01 through 3/31/01 II. Monthly Activity reports for January, February and March III. Procedures a) Abandoned Vehicles b) Liens c) Monthly Activity Report Please note that the above mentioned procedures only identify, the steps not the man-hour that takes to perform a particular task. R i I Lai CE REPORTS.cequarterly 4„ i ��� L4 I CODE ENFORMENT DIVISION QUARTERLY ACTIVITY REPORT FR: 01/02/01 THROUGH 03/31/01 7- 1 -CASES BY INSPECTORS CCIN NOCI TOTAL Off. Bynum 42 13 55 Off. Jimenez 72 5 77 Off. Struder 40 17 57 Joint Venture 34 34 68 avq f CASES WRITTEN CCIN'S 188 NOCI'S generated by CCIN'S 69 TOTAL CCIN'S & NOCI'S- 257 CCIN & NOCI'S Active 142 r Complied /closed 109 Voided 6 TOTAL 257 i REVENUES COLLECTED Fines 3,240.00 Work Without Permit 1,100.00 Liens 34,445.00 Ml TOTAL $38,785,00 LIENS: Recorded Pending ` Vacant lots 6 Abandoned Vehicles 4 Others 14 TOTAL 6 18' NONOPERATIONAL. HOURS VACATION SICK *OTHER Off. Bynum 12 16 40 Off. Jimenez - - - Off. Struder 16 3 40 Equal to 16 days *Comp. Used /training Pal C . —. — F-, 7 7`1 TOTAL WRITTEN NOTICES (CCIN & NOCI) 23 TOTAL NOTICES ACTIVE 44 TOTAL NOTICES COMPLIED/CLOSED 20 Code Enforcement Division 31 Activity Report for: JANUARY TYPEMR Abandoned Vehicle 16 16 Boat & Trailer 3 3 Commercial Vehicle 3 3 Junk 2 2 Occupational License 1 1 2 Lifter 2 2 Dept. Surr. Properties 1 1 Graffiti 2 2 Signs 2 2 Trees 1 1 Permitted Use 1 1 Overgrown 3 2 1 6 Work Without Permit 3 3 TOTAL CCIN's 16 8 10 10 44. NOCI's Gen. BY CCIN'-----, 16 4 0 3 231 7`1 TOTAL WRITTEN NOTICES (CCIN & NOCI) 23 TOTAL NOTICES ACTIVE 44 TOTAL NOTICES COMPLIED/CLOSED 20 TOTAL NOTICES VOIDED 31 TOTAL CCIN CASES 44 NOCI'S GENERATED BY CCIN 23 ACTIVE 34 ACTIVE 10 CLOSED/COMPLIED 10 CLOSED /COMPLIED I 10 VOIDED 31 l Code Enforcement Division Activity Report for: FEBRUARY 171 1 Lad TOTAL WRITTEN NOTICES (CCIN & NOCI) 92 TOTAL NOTICES ACTIVE 36 TOTAL NOTICES COMPLIED/CLOSED 55 TOTAL NOTICES VOIDED 1 TOTAL CCI'N CASES - 70 NOCI'S GENERATED BY CCI 22 ACTIVE 33 ACTIVE 3 CLOSED /COMPLIED 37 CLOSED /COMPLIED 18 VOIDED` 1 REVENUES GENERATED ACCOUNT NO. 001-0000-341-9040 FINES' COLLECTED $700 WORK' WITHOUT PERMIT (WOP) 300 LIENS - STIPULATTIONS 50 TOTAL COLLECTED $11050 TOTAL WRITTEN NOTICES (CCIN & NOCI) 98 TOTAL NOTICES ACTIVE 62 TOTAL NOTICES COMPLIED /CLOSED 34 TOTAL NOTICES VOIDED 2 f; TOTAL CCIN CASES 74 NOCI'S GENERATED BY CC 22 ACTIVE 51 ACTIVE 10 CLOSED /COMPLIED 23 CLOSED /COMPLIED 10 VOIDED 2 REVENUES GENERATED ACCOUNT NO. 001- 0000 - 341 -9040 FINES COLLECTED $865 WORK WITHOUT PERMIT (WOP) 200 LIENS - STIPULATTIONS 34,345 TOTAL COLLECTED $35;410 0 I PROCEDURES ABANDONED VEHICLES (ABV) • TAKE PICTURES AND WRITE THE ADDRESS WHERE THE ABV IS LOCATED • DOWNLOAD, PRINT PICTURES, AND MATCH WITH ADDRESS • OBTAIN OWNER'S INFORMATION VIA INTERNET WEB-SITE PROPERTY APPRAISAL • WRITE COURTESY CIVIL INFRACTION NOTICE (CCIN) AND NOTICE OF CIVIL INFRACTION (NOCI) • REQUEST THE PRESENCE OF A POLICE OFFICER TO POST NOTICES • POST ABV WITH BOTH NOTICES, CCIN AND NOCI • TAKE PICTURES AFTER POSTING BOTH NOTICES • DOWNLOAD AND PRINT PICTURES • MATCH POSTING PICTURES WITH CCIN AND NOCI • E-MAIL PICTURES TO CITY ATTORNEY FOR WRITTEN CONFIRMATION OF ABANDONMENT • FAX CCIN AND NOCI TO CITY ATTORNEY FOR WRITTEN CONFIRMATION OF ABANDONMENT • ENTER INFORMATION IN THE COMPUTER TO ASSIGN A CASE NUMBER • MAIL VIA CERTIFIED REYURN RECEIPT COPIES OF CCIN AND NOCI TO VEHICLE OWNER OF RECORD, PROPERTY OWNER AND/OR TENANT • FOLLOW UP INSPECTION FOR COMPLIANCE AFTER SEVENTY-TWO (72) HOURS 7-, im 1. IF VEHICLE IS IN COMPLL4NCE — CLOSE CASE IN THE COMPUTER AND FILE CCIN AND NOCI IN CODE ENFORCEMENT ADDRESS FILE i. i Z IF VEHICLE IS NOT INCOMPLIANCE a) COORDINATE TOWING OF VEHICLE m 77 i a) AND IT IS WORTH LESS THAN $1,000 CITY MAY DISPOSE OF THE VEHICLE b) AND' HAS BEEN APPRAISED OVER $1,000 VEHICLE SHALL BE DISPOSED OF AT A PUBLIC SALE. c) AND HAS NOT BEEN CLAIMED, AND THE CITY IS UNABLE TO Lai COLLECT COSTS INCURRED d) PREPARE LIEN AGAINST PROPERTY OWNER. PR I� b) REQUEST THE PRESENCE OF A POLICE OFFICER TO ASSIST WITH THE TOWING i k c) PREPARE "PRELIMINARY NOTICE OF REMOVAL" AND "NOTICE OF REMOVAL" BEFORE TOWING d) OBTAIN INFORMATION NECESSARY FROM VEHICLE AT TOWING OR VIA PHONE WITH THE DEPARTMENT OF MOTOR VEHICLES e) OBTAIN APPRAISAL INFORMATION VIA INTERNET WEB -SITE BLUE BOOK AFTER TOWING fl PREPARE AFFIDAVIT AFFIRMING VALUE OF VEHICLE g) MAIL VIA CERTIFIED RETURN RECEIPT NOTICES TO THE FOLLOWING: • REGISTERED OWNER OF VEHICLE • OWNER AND /OR OCCUPANT OF THE PROPERTY FROM WHICH THE VEHICLE WAS TOWED • FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES • AND TO ALL LIEN HOLDERS • POST AT CITY HALL 3. IF OWNER OF VEHICLE CANNOT BE DETERMINED, PREPARE "NOTICE BY PUBLICATION" TO BE ADVERTISED IN A NEWSPAPER OF GENERAL CIRCULATION 4. IF THE VEHICLE IS RECLAIMED — COLLECT CITY'S CHARGES, CLOSE CASE IN THE COMPUTER AND FILE NOTICES IN CODE ENFORCEMENT ADDRESS FILE 5. IF VEHICLE IS NOT' CLAIMED - a) AND IT IS WORTH LESS THAN $1,000 CITY MAY DISPOSE OF THE VEHICLE b) AND' HAS BEEN APPRAISED OVER $1,000 VEHICLE SHALL BE DISPOSED OF AT A PUBLIC SALE. c) AND HAS NOT BEEN CLAIMED, AND THE CITY IS UNABLE TO Lai COLLECT COSTS INCURRED d) PREPARE LIEN AGAINST PROPERTY OWNER. PR Fa LIENS VACANT LOTS • LOTS MUST BE POSTED ONCE A YEAR • TAKE PICTURE OF OVERGROWTH • C.E.OFFICER DETERMINES IF LOT IS OVER 12" OVERGROWN 1. IF LOT IL4S BEENPREVIOUSLYPOSTED- REQUEST LAWN SERVICES TO CUT AND CLEAR LOT AS NEEDED • PREPARE REQUISITION, REQUESTING A CHECK FROM FINANCE TO PAY FOR THE COST OF LAWN SERVICE • PREPARE LIEN AGAINST THE PROPERTY OWNER FOR THE COSTS • INCURRED BY THE CITY IN CLEARING THE LOT • PREPARE REQUISITION, REQUESTING A CHECK FROM FINANCE TO PAY FOR THE COST OF RECORDING THE LIEN • MAIL VIA CERTIFIED RETURN RECEIPT LIEN, AND THE INVOICE RECEIVED FROM LAWN SERVICES; TO ALL RECORD OWNERS PRIOR TO RECORDING THE LIEN • MAIL VIA CERTIFIED RETURN RECEIPT LIEN, INVOICE AND CHECK TO CLERK OF THE COURTS TO BE RECORDED • UPDATE LIEN LIST AFTER RECEIVING THE RECORDED LIEN FROM THE CLERK OF THE COURTS • FILE PAPER WORK IN CODE ENFORCEMENT ADDRESS FILE 2. IF LOT HAS NOT BEENPREVIOUSLYPOSTED. AND PROPERTY 09WFR • ISSUE A CCIN AND MAIL VIA CERTIFIED RETURN RECEIPT TO OWNER OF RECORD • IF PROPERTY OWNER IS A REPEAT VIOLATOR • ISSUE A NOCI, AND MAIL VIA CERTIFIED RETURN RECEIPT TO OWNER OF RECORD F • PREPARE 15 DAY NOTICE TO COMPLY AND AFFIDAVIT TO BE POSTED • POST AND TAKE PICTURE OF POSTING 3. IF AFTER FIFTEEN (IS) DA YS PROPER TY STILL IN VIOLATION • REQUEST LAWN SERVICE TO CUT AND CLEAR THE LOT ifs • PREPARE REQUISITION TO REQUEST A CHECK TO PAY FOR THE COST OF LAWN SERVICE • PREPARE LIEN AGAINST THE PROPERTY OWNER FOR THE COST INCURRED BY THE CITY IN CLEARING THE LOT • PREPARE REQUISITION TO REQUEST A CHECK TO PAY FOR THE COST OF RECORDING THE LIEN • MAIL VIA CERTIFIED RETURN RECEIPT LIEN, AND THE INVOICE RECEIVED FROM LAWN SERVICES TO ALL RECORD OWNERS PRIOR TO RECORDING THE LIEN • MAIL VIA CERTIFIED RETURN RECEIPT LIEN, INVOICE AND CHECK TO CLERK OF THE COURTS TO BE RECORDED • UPDATE LIEN LIST AFTER' RECEIVING THE RECORDED LIENS FROM THE CLERK OF THE COURTS • FILE DOCUMENTATION IN CODE ENFORCEMENT ADDRESS FILES PROCEDURES MONTHLY ACTIVITY REPORT 1. Maintain monthly log on NOCI's generated by CCIN's- 11. Ill. 0 NOCI INSP CCIN CASE # VIOLT YPE FINES COLL. FINES UN- COLL CLOSED/ COWLIED ACTIVE VOIDED TOTALS 000 B 01-00 ABV so 000 1 01-00 JNK so 000 S 01-00 I I -SGN I so so 1 I I 3 Generate the following reports from the computer: a) Monthly activity report by inspectors b) General ledger account summary c) Hector's report Code Enforcement monthly activity report: • Obtain from (I, Il.a) totals of Violation Type by inspectors • Obtain from (I, Il.a) totals of active, closed/complied, and voided by inspectors • Obtain from (1, II.a) totals of active, closed/complied, and voided NOCI's by inspectors • Cros's reference from (I, II.a) CCIN case number with NOCI's number • Obtain1from (a) total of CCIN active, closed/complied and voided • Obtain from (a) total of NOCI's generated by CCIN's active, closed/complied, and voided. • Obtain', from (1, II.a) total written CCIN's and NOCI's a) b) C) Total CON cases from (adding by inspectors 11.a) ............. 6 Total NOCI's generated by CCIN's from (1) ...................... _ 3 Total written cases ................................................... 9 CON (from Ma) Voided 0 Active 4 Closed 2 Total CCIN's 6 NOCI (from Voided Active Closed Total NOCI's 3 Revenues generated by CE to account number 0000-000- 9040 Fines (from 1�11.b) ........ ........................... $0 Liens (from ILb) ........ .............................$0 Work without permit ffrom IL c) ............... $0 Total collected .................................... $0