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11-06-01
CITY COMMISSION AGENDA City Commission Meeting Meeting date: November 6, 2001 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: November ,`20, 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.) Plaques ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes Regular Meeting Sept. 4, 2001 Approval of Minutes Regular Meeting Sept. 16, 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 LARRY A. LIGAMMARE, PINKY SANDS, MERCY DEL REY AND DIANE G. WRIGHT TO SERVE ON THE PERSONNEL AND MERIT BOARD FOR TWO YEAR TERMS ENDING NOVEMBER 6, 2003 OR UNTIL SUCCESSORS ARE DULY APPOINTED, AND QUALIFIED PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE OF VEHICLES, CHANGING THE VENDOR NAME ON RESOLUTION NUMBERS 125 -00- 11018, 212 -00- 11105, 236 -99- 10859, 233- 00- 11125, 214 -00- 11107, FROM ATLANTIC FORD TO MERCEDES BENZ CREDIT CORPORATION, WHICH IS THE LEASING COMPANY FOR PUBLIC WORKS AND PARKS AND RECREATION CRANE AND TRUCKS AND PROVIDING FORiAN EFFECTIVE DATE. 3/5 6. A RESOLUTION OF THE 'MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LEASE /CONTRACT WITH MBCC ATLANTIC TRUCK AND MERCEDES BENZ CREDIT- CORP., THE LEASING COMPANY FOR THE LANDSCAPE' DIVISION F250 PICK UP TRUCK'S'' REMAINING FOUR YEAR LEASE IN AN AMOUNTINOT TO EXCEED $27,509.80 TO BE PAID IN ANNUAL PAYMENTS OF $6,877.45 FOR THE REMAINDER OF THE LEASE TERM AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000- 519 74455, "LEASE PURCHASE TRUCKS" AND PROVIDING FOR AN EFFECTIVE DATE. 3'/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE /CONTRACT WITH MBCC ATLANTIC TRUCK AND MERCEDES BENZ CORP., THE LEASING COMPANY FOR THE PARKS AND RECREATION F250 PICK UP TRUCK'S REMAINING FOUR YEAR LEASE IN AN AMOUNT NOT TO EXCEED $23,658.00 TO BE PAID IN ANNUAL PAYMENTS OF $5,914.31 FOR THE REMAINDER OF REGULAR CITY COMMISSION 2 AGENDA - November 6, 2001 .THE LEASE TERM AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2050- 519 -4455, "LEASE PURCHASE` TRUCKS ", AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGREEMENT WITH MIAMI -DADE COUNTY AND THE 'CITY OF SOUTH MIAMI FOR WATER AND SANITARY SEWER FACILITIES FOR THE 'MULTI- PURPOSE CENTER KNOWN TO MIAMI -DADE WATER AND SEWER' DEPARTMENT (MDWASD) AS MURRAY PARK - PHASE II, ID #17688; PROVIDING AN EFFECTIVE DATE. 3/5' 9. A` RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PASS HOUSE BILL 113 DURING THE JANUARY 2002 LEGISLATIVE SESSION; PROVIDING AN EFFECTIVE DATE. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PERMIT, FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6-92-1501, 17- 02- 1512a, 10 -95 -1583, 18- 99- 1692 AND 28- 00- 3730, INCREASING SOME PERMIT FEES, ADDING NEW FEES AND DELETING SOME FROM THE SCHEDULE, PROVIDING FOR SEVERABILITY,'ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (1't Reading October 16, 2001) 3/5 RESOLUTIONS) /PUBLIC HEARING(S) There are none RESOLUTION (S) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY APPROVING AN AMENDMENT TO A CONTRACT TO PURCHASE 7800 SW 59 AVENUE [HAMMOCK HOUSE], EXTENDING OPTION PERIOD TO DECEMBER 31, 2002, AUTHORIZING PAYMENT OF 1999 AD VALOREM TAXES IN THE AMOUNT OF $7,283.30 PLUS ADDITIONAL ACCRUED INTEREST FROM OCTOBER 31, 2001 TO THE DATE OF PAYMENT; AND CHARGING ACCOUNT NO. 2100- 519 -9920 PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Russell) 12 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO 'CHARTER AMENDMENTS; REGULAR CITY COMMISSION 3 AGENDA November 6. 2001 PROPOSING AMENDMENT TO ARTICLE V. ELECTIONS, PARAGRAPH 2.A., TO CHANGE THE MONTH IN WHICH GENERAL ELECTIONS ARE HELD- FROM FEBRUARY TO NOVEMBER OF EACH EVEN- NUMBERED YEAR, DELETING PARAGRAPH 5.B., CANVASSING COMMITTEE AND EXTENDING THE TERM OF THE MAYOR AND TWO COMMISSIONERS ONE TIME FROM FEBRUARY TO NOVEMBER 2004; SUBMITTING BALLOT QUESTIONS TO THE ELECTORATE OF THE CITY AT THE GENERAL ELECTION SCHEDULED FOR FEBRUARY 12, 2002; REPEALING PROVISIONS IN CONFLICT ;' PROVIDING AND EFFECTIVE DATE 3/5 (Mayor Robaina) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' RELATING TO AGREEMENT WITH MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR THE WATER MAIN EXTENSION PHASES IA &_1B KNOWN `TO'THE MIAMI -DADE WATER AND SEWER DEPARTMENT (MDWASD) AS CITY OF SOUTH MIAMI WATER MAIN EXTENSION, PHASE IA & 1B ID # 17656; PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Wiscombe) ORDINANCE (S) FIRST READING 14. AN .ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2000 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, II AND IV AND "POSSIBLE 'CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE' OF ELECTION' BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Robaina) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY" OF SOUTH MIAMI, FLORIDA RELATING TO CODE ENFORCEMENT PROCEDURES; AMENDING SECTION 2 -25 (L) OF CHAPTER '2 THE CODE. OF ORDINANCES ENTITLED "SCHEDULE OF FINES "; PROVIDING' FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC.,' FOR THE GRANTING OF AIR RIGHTS ABOVE MRP PROPERTY TO THE CITY, THE LEASE BY MRP REGULAR CITY COMMISSION 4 AGENDA - November 6, 2001 OF CERTAIN CITY PROPERTY AND THE CO- DEVELOPMENT OF A PARKING STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW 58 COURT AND 58 AVENUE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 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 IGRANTED BY A MAJORITY VOTE OF THE COMMISSION. ff 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 FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE' DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION' OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 5 AGENDA - November 6, 2001 ,. ,,— ,--- '- ..-- „— .��_:-_- •_ °�- ,.,... -, „ --. ,?:tj,- -:� n^m- .✓e,- .. 3;a-P ...r.+".,'..- 'VF -1 • INCORPORATED 1927 R I o .�� O Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: November 6, 2001 and City Commission 4 From: Charles Scurf G4', Re Agenda Item City Manager Personnel & Merit Board Appointments REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING LARRY A. LIGAMMARE, PINKY SANDS, MERCY DEL REY AND DIANE G. WRIGHT TO SERVE ON THE PERSONNEL AND MERIT BOARD FOR TWO YEAR TERMS ENDING NOVEMBER 69 2003 OR UNTIL! SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina, appoints members to the Personnel and Merit Board for two -year terms ending November 6, 2003. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 5 COMMITTEES; APPOINTING LARRY A. LIGAMMARE, PINKY 6 SANDS, MERCY DEL REY AND DIANE G. WRIGHT TO SERVE ON 7 THE PERSONNEL AND MERIT BOARD FOR TWO YEAR TERMS 8 ENDING NOVEMBER 6, 2003 OR UNTIL SUCCESSORS ARE DULY 9 APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the Mayor and City Commission of the City of South Miami 12 recognize the important contributions made by those who serve on the various city boards 13 and committees, and wish to appoint a full complement to each of the active boards and 14 committees; and, 15 16 WHEREAS, the Mayor and City Commission desire to appoint Larry A. 17 Ligammare, Pinky Sands, Mercy del Rey and Diane G. Wright to serve for two year 18 terms on the Personnel and Merit Board. These appointment shall expire November 6, 19 2003 or until successors are duly appointed and qualified. 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 23 24 Section 1. The City Commissioner hereby appoints Larry A. Ligammare, Pinky 25 Sands, Mercy del Rey and Diane G. Wright to the Personnel and Merit Board. 26 27 Section 2. The expiration date for these appointments shall expire November 6, 28 2003 or until successors are duly appointed and qualified. 29 30 Section 3. This resolution shall take effect immediately upon approval. 31 32 PASSED AND ADOPTED this day of , 2001. 33 34 ATTEST: APPROVED: 35 36 37 CITY CLERK MAYOR 38 39 Commission Vote: 40 READ AND APPROVED AS TO FORM: Mayor Robaina: 41 Vice Mayor Feliu 42 Commissioner Bethel: 43 CITY ATTORNEY Commissioner Russell: 44 Commissioner Wiscombe: 45 Additions shown by underlining and deletions shown by evers#i1dng. .wuaaa iva aaa aaaa r F i a r i d a tn ' �za s a � n e�. ar a �a ....... ... . . S {, >3 . . . . 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATIOM 6130 Sunset Drive Phone No. 305 - 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: A n t?, v , '5" , i2 _ tease prints,l 2. Home Address: .S 1i S L-✓�� 3. Business Address: J4 0 6 A-) ZJ � C7_ 4. Home Phone No ,. h5) �, d 7— tr W—Business Phone No. 3� s� .7,0 Fax No. a d 5. Education Background: e—> 6. S. Are you ,a registered voter? Yes ✓ No 9. Are you 'a resident of the City? Yes l.-�'� No 10. Do you have a business in the City? Yes No c...- it. Ethnic Origin? White Non - Hispanic c,�African American _ Hispanic American_ Other Signature ate / S Applican THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 6/01 -PEr C-1-le tFSCU71� 71'POI ri.W MS-P-P- 4557 CSt.. 12 ?Ml 11'24tr Pr,' Ciry OF SOUTH APARI'DOARDICOMMIrrEr APPLICA rlom Wo sw" S914111MIaM� Fax A4 305-60-044 1. N4mv IAI p*u,r41 Business Addve,,;s, 4. Nn- Business pbolti!N"u. CA' DKk 6. a. Art you A rqi5tercd NDUr7 Ye4 No, 9, Are yen a residem of dbe' ? V46 "N't. 00you have a bosiott io tie City? Auk_ AfAram AmeWifta jZHiwpvit 7H5 AMICA'MON WILL REMAIN ON FILE );OR ONE YEAR Rell4ad &01 FROM CITY OFSCUTH MIRMI FAX NO. 305600457 pe Oct. le 2001 12:39PM F2 ..k.tjq .V— kgjl IP 1 0 1, 1 j � rl lIll 2001 wry or sourm ARAMI BOARDICOMMITTEE APPLICAT►ON 6130Sumsel Drive Phrine No. 305-66-q-6340 SCUM Mimi, F1, 33143 F,4x Na. (plemprllt) Hiline Address. Ter r 3, DushlessAddress: GZQo -5,Aprn 4. Horne Phune No.Sp$ !A1,3 -02q nusifless p1lone No. AQ9 Fax No. P-d ue stion Szeksround.- i - b - -t- -I -,N - - - - , . - K A 6, 9. Arm you 2 registered votte? Va$ Nil Are you a resident of the City? Yes No Do You have a business in the City? Yes No -ktf Ethnic Origin? White Nan-Hispaxic�__ African American _ Hispanic Amwican W000 Other ApplicarY THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Rnlbed"l FROM : DGWright PHONE NO. 305 6619064 Oct. 0 2021 013:23RM P2 FROM t CITY OFi;QUTH M i W,'I FAX N0. : 3556 l 45 r Cat. 15 2601 12,,�/�p hl 11 .` 1'' 1 u a 1 sit ��yTO{jP2 Y y [ { VVV Z BRS 6. Commumity Service: 1-411, t1fe a�s� �*s-o a.. 44-0 cJ Ars you a re&tsred voter* Vrot g, Are you residgnt of the City? Yes , No ._..... 19. Do you have a business is dart City? Yes No It. tthpic Origin Whets Non- Hiopfwie Ai'riaun American_ Hispranie Americatin— (Miser Signature Z��— Mate 1 'I 'J o/ Appiicunt TfIIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR REQUEST Approval of name change. BACKGROUND AND ANALYSIS The Mayor and City Commission approved resolution numbers 125-00-11018, 212-00-11105, 236-99- 10859, 233-00-11125, 214-00-11107, for the lease of four F- ' 250 pickup trucks, one crane and a trash truck for the Parks and Recreation and Public Works Departments. The lease contract provides for the first lease payment to be made to Atlantic Truck, which is the dealer, and the subsequent remaining payments to be made to Mercedes Benz Credit Corporation, the leasing company. In order to be in compliance with the provision of the lease contract the name of the vendor on the previous resolutions need to be changed to Mercedes Benz Credit Corporation instead of Atlantic Ford Company. RECOMMENDATION I recommend approval- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE OF VEHICLES, CHANGING THE VENDOR NAME ON RESOLUTION NUMBERS 125 -00- 11018, 212 -00- 11105, 236 -99- 10859, 233 -00- 11125, 214 -00- 11107, FROM ATLANTIC FORD TO MERCEDES BENZ CREDIT CORPORATION, WHICH IS THE LEASING COMPANY FOR PUBLIC WORKS AND PARKS AND RECREATION CRANE AND TRUCKS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami approved resolution numbers 125 -00 -110, 212 -00- 11105, 236 -99- 10859, 233 -00- 11125, and 214 -00- 11107, for the lease of four trucks and crane for Parks and Recreation and Public Works Departments; and WHEREAS, the lease contract provides for the first lease payment to be made to Atlantic Truck, which is the dealer, and the subsequent four payments to be made to Mercedes Benz Credit Corporation the leasing company; and WHEREAS, in order to be in compliance with the provision of the lease contract, the name of the vendor on the previous resolutions need to be changed to Mercedes Benz Credit Corporation instead of Atlantic Ford. Co. NOW, THEREFORE,',BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager be, and hereby is authorized to change the name of the vendor on the aforementioned five resolutions to Mercedes Benz Credit Corporation for the remainder of the lease term. Section '2. This resolution shall take effect immediately upon approval'. PASSED AND ADOPTED this 6TH day of November 2001. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY ._, ..� Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: RESOLUTION NO. .125-00-11018 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH ATLANTIC TRUCK CENTER FOR THE USE OF TWO FORD PICKUP TRUCKS TO BE PAID IN FIVE ANNUAL INSTALLMENTS OF $12,934.64 STARTING IN FISCAL YEAR 1999 -00. WHEREAS, the City's daily Streets and Building Maintenance Divisions service requires the deployment of two pick-up trucks, and; WHEREAS, two of the pickup trucks has reached the end of its useful life as a' front-line piece of equipment, and; I WHEREAS, the replacement of this Pickup trucks will allow Public Works Department to continue to provide high quality services by improving the -reliability of the equipment, and; WHEREAS, the Public Works Department has identified a favorable equipment lease program based on a State bid. NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: Section l . A five-year lease contract with Atlantic Truck Center based on annual payments of $12,934.64 has been identified based on State Contract No. 070-700-230. Section 2. The City Manager be authorized to make the first of five payments in during fiscal year 1999-00 to Atlantic Truck Center. Section 3. That this resolution shall be effective immediatel- y after adoption. PASSED AND ADOPTED this 13th day of June, 2000. MAYOR CITY ATTORNEY ATTEST: CITY CLERK CSSTON o VOTE: MayOMT br'Rbaina: .V.i,ce Mayor Feliu: COmmIss tone ri, Wfscombe:' comiss-toner 56thel: COmmisslon'er Russel T: 5-0 Yea Yea Yea Yea Yea _�4;t I Q _1 RESOLUTION NO. 212-0:0-11105 A RESOLUTION OF I THE MAYOR AND CITY COMMISSION. OF THE CITY ` OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO. A LEASE I AGREEMENT WITH ATLANTIC TRUCK CENTER FOR THE USE OF A TRASH DUMP TRUCK TO BE PAID IN FIVE ANNUAL INSTALLMENTS OF $13,381.69 FROM ACCOUNT NO. 1760-519-4455, "LEASE PURCHASE TRUCKS'. WHEREAS, the City's daily trash collection service requires the deployment of four trash dump, trucks on a daily basis, and; WHEREAS, one of the trash trucks is nearing the end of its useful life as a front- line piece, of equipment, and; WHEREAS, the replacement of this vehicle is imperative in order for Public Works to continue to provide reliable trash collection service by improving the reliability of the equipment, and; WHEREAS, the Public Works Department has identified a favorable equipment lease program based on a State bid. Allurtal Section l. A five-year lease contract with Atlantic Truck Center based on annual payments of $13,381.69 to be paid in advance has been identified based on State Contract No. 070-700-230. Section 2. The City Manager be authorized to make the first of five payments in during fiscal year 2000-01 to Atlantic Truck Center. Section 3. That this resolution shall be effective immediately after adoption. PASSED AND ADOPTED this 17th day of October, 2000. - APPROVED: ATTEST: Ad 1&0 /4L MAYOR tITY CLERK 3713TV mn CITY ATTORNEY COMMISSION VOTE: Mayor Robaina: Vice Mayor Felju: out Commissioner Bethel: Commissioner W-iscombe: Commissioner Russell: 4-0 Yea of town Yea Yb a Ye a 5 6 7 8 10 1} 12 RESOLUTION NO. t/i 4MVa J9-1VV 5J A RESOLUTION OF COMMISSION OF THE TCLTY.MAYOR AND CITY FLOR DA, AUTHO OF SOUTH MIAMI, TER INTO RIZING THE CITY MANAGER TO A LEASE AGREEMENT ATLANTIC TRUCK CENTER, NTER WITH FOR THE USE OF A TRUCK TO BE PAID IN FIVE ANNUAL INSTALLMENTS OF $ i 097.23 STARTING IN FISCAL,, YEAR 2000 -01. 13 WHEREAS, the City's daily trash collection servace re u' i two trash cranes, and; q ires the deployment of l5 6 WHEREAS, one of the cranes has reached the en 7 piece of equipment, and; d of its useful life as a front -.line 8 9 WHEREAS, the replacement of this crane will a 3 provide a highly reliable trash collection service b improving allow Public Works to continue to l equipment, and; y pro ing the reliability of the WHEREAS, the Public Works Department has identified Lease program based on a State bid. a favorable equipment NOW THEREFORE, BE IT RESOLVED by the MAYOR A COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA; AND CITY e-cti- - iQn • A five -year lease contract with Atlantic Truck Center payments of $I8,6g7.23 to be paid in arrears has been identified bas based on annual No. 070- 700 -230. on State Contract Sect -- j -._.on 2. The City .Manager be authorized to make the f rst of eve a during fiscal year 2000 -01 to Atlantic Truck Center. Payments m ents in Sectct --- t'on 3= That this resolution shall be effective immediatelyafter � . adoption. PASSED AND ADOPTED ADOPTED this P . �6th,day of �oYet�be� 999. .. APPROVED, CITY CLERK READ AND APPROVED AS TO FORM. CITY ATTORNEY ATTEST: MAYOR COWITSSION NOTE Mayor Ronal na Y ce Mayor #U- ssel l C0MMfss oner'Fel u: Cot n sst`00r Bethel: Commtss -toner Bass: „ .� �,VO,� 5 -0 Yea Yea Yea Yea Yea Resolution No. 233-00-1 112 5 A RESOLUTION OF THE MAYOR ANn C C?IVTRA' FLC}RIt7A, A[1TI�IC}RIZING TTY COMMISSION OF Vjrrj4 TRUCK, AND C "'CC NATION C� MANAGER TO ENTER �`' OF 2050- SI9.44S5 " H``�ROING THE UISBU TRUCK OFFICE, FOR LEASIN G LEASE PURCHASE TRUCK F R TO ACCOUNT I��MER 001 RLAS AMOUNT OF $ 6,877.45. be obtained for services Pursuant to Article III and ar Section 5, $5,000. of the City Purchases of items over the i yCharter re IEREAS, quires bids The City has contracted. with AB CC CC National Truck Office,• and Utilizing this company agreement and option at the end of the Tease to would provide us with a 5 year lease ��A.S Purchase, and se is in The Parks & .Recreation. DePurtme ' great need of a new vehicle due to the fact nt s Pants and Landscape that the older truck C'$� W c Division NOW THE ) as auctioned off. COMMIS OF � COY �� � IT RESOL � Y T MAYOR AND CITY Section � I��IA.�£F, FLORIDA: --- -. That a puchase Office in fire order be established to AMC amount of National Truck Lease Purchase T and Ong account number orucks ". `Secti--° --n --� This resolution shalt take effect i'mmedia telY.upon aPProval. PASSED AND ADOPTED this 2 I"-- -s --�_ day ®fNovernber 20(1{}, ATTEST. CITY CL RK APPROVED: 6- XAND 'MOVED R� �� MM ISSION VOTE: AS TO FO Y r Raba Ina riftomm 5-0 Vice F elru: yea A Commissioner Yea I Omar Comml ner 1"scombe : Yea oner Russell.: Yea Yea RmItittion.No 214-00-11107 A RESOLUTION OF THE MAYOR AND. CITY COMMISSION, OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MBCC NATIONAL TRUCK OFFICE, FOR LEASING A TRUCK„ AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2050- 519. 4455, "LEASE PURCHASE TRUCKS ", FOR AN AMOUNT OF $6,480:00. WHEREAS; pursuant to Article III,, Section 5, H; of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, The vehicle being utilized by the supervisor of the Parks and Landscape Division is 1.0 years old: and WHEREAS, The City has contracted with MBCC National Truck Office, and WHEREAS, Utihizing this .company .would provide" us with a 5 year lease agreement and option at the end of the lease to purchase, and WHEREAS, The City of South Miami Parks & Re need of a new vehicle. creation Department is in great NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That a purchase order be established to MBCC National Truck Office in the amount of $6,4^80.00 and charging. account number 001- 2050 - 519.4455, "Lease Purchase- Trucks". Section 2. This resolution shall take effect immediately :upon approval. PASSED AND ADOPTED this 1� 7 h day of October 2000. ATTEST: APPROVED: C CLE'RIf MAYOR COMM ISSMR. ,VOTE 4_0 READ AND APPROVED AS TO FORM: ,�y ay o r R. b a i n a: Yea 1lite Mayor Fel i u: Yea Commissioner Bet:lel :, Yea CITYATTORNEY ' Commissioner Viscombe: Yea o ,Commissioner - Russell: Yea s REQUEST Approval of Annual payments to Mercedes Benz Credit Corporation for the remainder of the lease term. BACKGROUND AND ANALYSIS The Mayor and City Commission approved resolution number 233-00-11125, for the leases of an F-250 pick up truck, for the Parks and Recreation Department, Landscape Division on October 17, 2000. Resolution #233-00-11125 provided authorization for the signing of the 5-year lease and only for the first annual payment of die lease term. The lease contract provides for the first lease payment to be made to Atlantic Track, which is the dealer, and the subsequent remaining payments to be made to Mercedes Benz Credit Corporation, the leasing company. The attached resolution authorizes the City manager to make annual payments for the remaining term of the contract to Mercedes Benz Credit Corporation in annual amounts of $6,877.45. Funds to Purchase/Lease this pick up truck would be disbursed from account number 001- 2050 -59 -4455, Lease Purchase Trucks. Available account balance is $12,500.00 RECOMMENDATION I recommend approval. 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 28 29 30 31 32 33 34 35 36 37 38 39 40 41' 42 43' 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LEASE /CONTRACT WITH MBCC ATLANTIC TRUCK AND MERCEDES BENZ CREDIT CORP, THE LEASING COMPANY FOR THE LANDSCAPE DIVISION F250 PICK UP TRUCK'S REMAINING FOUR YEAR LEASE IN AN AMOUNT NOT TO EXCEED $27,509.80 TO BE PAID IN ANNUAL PAYMENTS OF $6,877.45 FOR THE REMAINDER OF THE LEASE TERM AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2050 - 519 -4455, "LEASE PURCHASE TRUCKS" AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to article III, Section 5, H, of the City Charter requires bids and resolutions be obtained for services and or purchases of items over $5,000.00, and WHEREAS, the City Commission approved resolution Number 233 -00 -11125 on November 21St, 2000 authorizing the City Manager to sign a five -year contract for the purchase /lease of an F250 for the Landscape division in an amount of $6,877.45 for the first year; and WHEREAS, Lease contract provides for the first lease payment to be made to Atlantic Truck, which is the dealer, and the subsequent four payments to be made to Mercedes Benz Credit Corporation the leasing company; and WHEREAS, this resolution is to authorize the City Manager to make annual payments in the amount of $6,877.45 for the remainder of the lease /purchase contract of four years. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager be, and hereby is authorized to make payments for the remainder four years of the contract /lease term in an amount not to exceed $27,509.80 to Mercedes Benz Credit Corporation, the leasing company and charging to account 001 - 2050 -519 -44.55 "Lease purchase trucks ". Year 2001/2002 $6,877.45 Year 2002 /2003 $6,877.45 Year 2003/2004 $6,877.45 Year 2004/2005 $6,877.45 Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 6TH day of November 2001 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: LQUIPMENT Il+iSTAL1`..14'lENT SALES CONTRACT AND SECURITY AG"IMEN'T SELLER: Atlantic Ford Truck Sales, Inc PURCI•IASi+k: City of South Miami 2565 West State Road 84 6130 Sunset Drive Ft, Lauderdale, FL 33312 Miami, F1.33143 This Equipment Installment Saks Contract and Security Agreement (hereinafter "Contract") is entered into on the fifth day of June, '2'001, by and between Atlantic Ford Truck Sales, Inc (the "Seller ") and City of South Miami (the " Purchaser").' 'Tk.itmi AND CONDITIONS Credit Sale of Equipment. Seller hereby sells to Purchaser and Purchaser hereby purchases from Seller the equipment described in Schedule A of thin: Contract, together with all attachments and acces&-wies thereto (the "Equipment "). The sale of the Equipment is at ,a credit sal" basis. sw*cl in the terms and conditions of this C'outract. Promise to Pay. Purchaser promises to pay to Seller the principal Amount Financed indicated on Schedule A of this Contract, together with interest at thou discloRd interest rate from the date this Contract is signed, until this Contract it paid, in full. Following the assignment of this Contract to Merredrs -Boaz eredit Corpor4liun (the "Holder "), Purchaser agrees to snake all payments directly to Holder at the address provided to Purchaser, with Holder having all of the rights and remedies av"itble to Seller under the Contract: interest. Interest will he assessed on the unpaid principal balance of this Cortract on a 365;360 h;uis; that is, by applying the ratio of the annual interest rats: over a yeatr of 360 drays, multiplied by the outstanding principal balance,'tmtitiplied by the isclual number df daysttec.princilral halancp is outstanding, Unpaid late charges and other f6cs and charges will he added to the unpaid; principal balance of this Contract stibiect to interest. Under no circumstances will the interest rate be more than the wa%imum rate allowed by applicable law, it being Holder's intent to sirictly comply with all faws relating to interest and usury, Accordingly, norwithsianding any provision of this Contract to the contrary, Purchaser is not obligaukd to pay, nor °will Holder accept payment of, interest in excess of that aliowttd by atppli4able law in any 4orm and in'any amount. Should Holder receive imarest in excess of that ulluwed by applicable law, holder may, at Holder'& option, refund thu amount erroneously paid, or Ilolder may credit that amount to other That Purchaser may then owe Flofder. 1Repaymeal Provisions: Principal and interestAinder this Contract are repayable in accordance with the amortization whedule provided on Schedule A of this Contract. Purchuserr's final payment.will be in the amount of principal, unpaid itiurest and tither fees and charges then outstanding under this Contract. All payments will be made directly to Holder at l Wlder`s above address, or tit same other address as advised by the Folder. Gate Payment. if Purchaser fails to pay any installment under this Contract in full within fifteen (t 5) day,; of when due, Purchaser agrees to pay Holder a late payment fee in art amount equal to sQO of the delinquent amount, or if applicable law does not permit late charges in such: amount, Purchaser shall pay Fielder a late charge in the maximum amount allowed, Returned Check C barges, In the event that Purchaser makes any payrtient under this Contract by check, and Purchaser's check is returned unpaid for any reason, Purchasei &gives to pay klolut:r a rcturncd check fee in an amount equal to 5",0 of t'lurchasor's dishonored check, or if applicable law does not permit returned check feel in such amount, Kiuhaxrr shall pay Holder a returned chuck fee in the maximum amount allowed. Prepayment. Purchaer may prepay unpaid principal and then accrued interest under this Contract, oral all nihorarnc +ants thin owed, in full, at any tube 4nd without penalty. 1 Grant of Security Interest. To secure the prompt and punctual payment and satisfaction of Aurehaser's obligations under this Contract, Purchaser grants Holder a first priority, continuing security interest in the Equipment, nt, lute! in all acccmortrs, attachments, accessions, replacements and additions to the 1= quipetne rn and in all procvcds of the Equipment, including without limitation, all insurance proceeds and refunds of insurance premiums, if any, and all sums that may be due from thirst parties who may cause damage to the Equipment, or from any insurer, whether due to judgment, settlement or other'pracess: All of the foregoing are referred to under this Contract as the `'" Collateral". Holder's security interest in the Collateral additionally s,tculi (a) Purchaser's obligation under any other loans, leases, or indebtedness that Nrchascr may now and in the ftuurc owe to or incur in favor of Iiolderr, whether dirty or indtrt:ct, of every stature and kind; (b) all additional tuttcis that holder tnay advance an Purchaser's` behalf as provided in this Contract; and (c) Holder's casts and expenses Incurred in enforcing this Contract and in exercising Holder's rights against the Collateral, including 1older's, reasonable attorneys* fees and expenses of Lvth in -house and outside counsel (to the extent potrnitted by applicable law) and court costs, With regard to titling, registration and licensing of the Equipment; (a) the Equipment shall ho titled in the mine of Purchaser and holder shall be shown on they coniticxte of title as the first priority- lienholder; (b) the ( gaipmi nt is and shall at all times remain titled and registered in the state in which Purchaser is located; and (c) rill original title documents shall be forwarded by Purchaser to Holder upon' Purchaser's receipt thereof. Filing and Ptrfection. Purchaser agrees to execute and deliver to Holder any Onancioll or other statement tequil -rd to he filed to perfect Holder's security ; interest in the Collateral, and to do all tither things necessary to cause lJoider's security interest to be noted on the Equipment certificate of title, Purchaser agrees and authorizes Holtter tu, perfect; its security interest in the Collateral by filing an original of this Contract or of a UCC.1 financing statement, or alternatively by filing a carbon, photocopy, tucsimile or other copy of this Contract or of a UCC -i financing statement in lieu of filing an original, purchaser agrees that l oldcr tnay retain pc,sscssion of the Equipment cetlificate of title so !ong as,Holdc6 security interest remains in effect. Purchaser agrees to reimburse I older for all filing casts and perfection expenses, as well as for all costs of amending,,contittutsil; and teratitiatias such lilinili Purchaser hereby appoints holder as Purchaser's' attorney- itt-ftiGt to do anti perform all acts that !Molder may deem to be necessary and proper to perfect.and continue the perfection of !•folder', security interest, Kirchaser audloll Holder to correct iii patent errors in this Contract: Covenants. Purchaser agrees that Holder's "security interest in the Collateral will continue ill all of Purchaser's ubligWicuny sectored hereunder are fully paid and satisfied. Purchaser agrees not to sell, least, transfer or aisign the Equipment, or to assign Furehaser's` al;gi6atitunx under this Contract, or to allow any other security interest or lien to b(c placed on or to anach to the Equipment, without Holder's prior written consent. No transfer, r4muwal, c%tensic a or assignment of this Contract, or any interest herein. or any loss, dattlage, injury or destruction of the Equipment, will feleatsct Purchaser: from any of its obligai ons under tlrfs Contill Purclutser rmay not make any material 'changes or alterations to the i:quiptnent wttho4ii, Holder's priar written consent (including replaccinettts, additions, accessur ea or substitutions). A4iything which is attached io the Egttipment illiall be corre a cQmponcnt part of the Equipment, and will be subject to Holcicz'S security interest. Purchaser agrees to snake all necessary repairs to, and not to abandon, the F..quipment, and to abide by all laws, rules and regulations with respect to the use and operation cif the Equipment, and with respect to the transport of grnnds and persons in the Equipment. Orfess otherwise in ttse elsewharet, the Equipment will be kept at Purchaser's address indicated an Schedule A of this Contract. ' Purchaser agrees not to remove the iiquiptttcnt from the shoe in which purchaser is located for a ptwiud in excess of sixty (60) consecutive days' without first obtaining Holder's prir,r written consent. Pkirchawr agrees to obtain all perm, t.s and licenses necessary to use and operate the Equipment in all jurisdictions where such permitting and licensing are rewired. Purchaser agrees that Haider shall have the right to inspect the Fquipment at reasonable times.: Purrhrsser agrees to promptly pay all taxes, assessments and governmental charges (if arty) that may be assesied against the Equipment and to furnish Ilolder with evidence that such taxes, assessments and chargt;a have been paid. Purchaser agrees to maintain insurance on the Equipment at its expense in amounts and with such deductible limits, and insuring such risks, all as more fully set forth on Schedule A to this Contract, which insurance musi be issued by a financially responsible insurance company or companies acceptable to Holder. Purchaser agreli tol, designate Holder as a twin- contributory lender loss payee beneficiary under pbreltasr's insurance policy or pa icie .s, which shalt retill at Icast twenty Mi bays advance written notice to I lower betnre 11 such insur�rrcei may laps, or be reduced, ur be canceled or terminated for ally rtason, Pwe hbsetr agree, In prltvi�ie Holder with arig!inai copitas of its rnsurance policies along with evidence that Purchaser has paid the policy 2 , 06,,05/al 17: 26 hdlJ. _i i f �1L�a:: 11J premiums and all renewal premiums. Purchaser agri�es that Holder shall have the right to receive Thiyment on all hisurance policies severing the Equipment directly, from the insurance company or cwtipanies insuring the Equipment, and that Holder may apply the insurance procee di to the unpaid balance of (fie Purchaser's obligations hereunder. Should Purchaser fait to purchase and maintain insurance on the Equipment, or fail to pay taxes, assessments artd governmental charges '(if any),' when due, or should Purchaser allow any + thcr lien or security interest to attach to the G40pmant. or should Purchaser fail to maintain and repair the Equipment, or should Purchaser fail to do whatever else is requited of Purchaser Urider this contract, then Hairier shall have the right (at I Iolder's sole option, and without any responsibility at liability to do so) to purchase insurance of such type and coverages, and in such amounts as holder deems acceptable, to pay such taxes, assessments and governmental charges (if arty), to satisfy any liens or encumbrances against the Equipment, to make such repairs to the Equipment and to do such rather acts as I folder may deem. within its sole discretion to he necessary and proper. Purchaser agrees to imtnediatuly 'reimbum a Holder for all additional sums that }colder' may advance for such purposes, together with interest thereon at the interest rate' provided in Schedule. A to this C,,antruct, from the date of each advance until Purchaser repays Holder in full. All such additional sums shall be secured by the Collateral. Any insurancu that Holder tray purchase on Purchaser's behalf stay, at Holder's option, he in the harm of single or dual interest insurance, or any other types of coverages, which Holder may elect to purchase to protect its ioterests. Purchaser understands and agrees that insurance that Holder may purchasc on Purchaser's tn;half may not be at the lowest aivuilahte rate. HWder may retain a portion of the cost of such insurance. Purchaser authorizes Haider to release to third parties any infomiation necessary to faeilitate. insurance and tax monitoring and insurance placernam. Any refund of unearned insurance premiums received by Holder will he credited to Purchaser's then obligations under this Contract, These credits will be applied to as marry installment payments is they will cover beginning with the final installment. Holder will notify Purchaser of how these credits will he applied. Default sad Acceleration. Holder has the right at its option to insist on immediate payment in full (tea uccelerater the maturity) of this Contract upon anyone or more of the following Cvent4: (a) other than resulting front non-appropriatiott of rands as provided in the 4cctinn of this Contract entitled "Approprltttican of Euioda" which 04411 not constitute it default hereunder, f Purchaser fails to make any p4ymrnt under this Contract when clue; or (b) if lurchaser is in''defaul under any other,provitiion. of this Comract; or (c) if Purchaser is itt default under any other luau, cxtemion of credit, lease, or obligation thatTurchaser may now and in the future owe:. to Holder, or (d) it' f' tirchasershould sense to exist; or (e) if Purchaser sltould groans irruttvunt, or apply fair hankrupicy or rather relief from creditors. WitultlRemedies. Should Purchaser ck-fault under this.Contract, and Holder elects to accelerate paymem under this "tontract, Purchttsar agrees that Holder array exercise all of cite riaitts, and rcmed cs availahitt to secured parties gencrally',undeer the Uniform Cof'ttanerCiett'Code in oit4et in the state where the Equipment is then located. Specifically and uucoodkionully, Purchaser agrees to turn over anti deliver the Equipment to Holder at Purchwser's expense, at the tittle and at the location Holder may demand of Purchaser. Attematively, Holder may enter the plaice where the Equipment may he located, and take possession of the Eytaipment, and all Other properg' their located sin of in the Equipment, provided that Holder is able+ to dWso without breach of the peace. Haider may Own sell the Equipment without warranty at public or private stole, and apply the stale prcx:et'.ds to that satisfaction of Purchaser's ecured obligations holder has na obligation to clean -up, repair, or prepare the Cquipmertt for sale:. Purchaser agrees that any requirement that Holder notify Purchaser of the We of the Equipment will be satisfied if Ifolder sends Purchaser a written cotnmunicatioll at least ten (10) days in advance of the date an whidi a public sale is sciaedule4, or within tear (10) days to advance of the time alter which it private sale may take place. Any required public notice of such a sale shall be >;ati:atied by a One -time publication in 4 newspaper Ulf VVne!ral Circulation in the community in which the suit is to take place. Purchaser- undarstands that, if the sales proceeds (after deducting all of Holder's enforcement attorney's frees, and Holder's other costs and expenses of collection, fareclont,re and sale, and such a" ther amounts as may be payable out of the sates proceeds) are greater than the amount of Nrchawr's secured obligations, holder will pay any surplus to the Purchaser. however, if the net sates proceeds (after deducting Holder's enforcement anomey's fees, and Holder's other costs and expenses of collca:tioa, fcwrclosure and Sale, and Such other amounts as may be payable out of the <sale procceds) are less' than Purchaser's sectored obligations, Purchaser will remain liable to Holder for any deficiency. Nrchaaer agrees that; (a) Holder may disclaim any wan- anties of title, fetrnvs t►r any similar warranties upon the sale of any Equipment; (b) Holder maY,camply with any applicable state or federal taw rcquirements in connection with the E;quiprraent and the d6position thereof and such compliance will not be considered to adversely 3 i affect the commercial reasonableness of any We of the Equipment; (c) retention of the Equipment in either full or partial satisfaction of Nrchaser's liability resulting from a de:tault'hereunder may he made by Holder, at its election, under and pursuant to the linxedures established in the LIU-, and (d) the proceeds of any sate of site Equipment that is made on a credit basis (or .of any te- teasing of the Equipment) will be applied against Purchaser's' liability resulting from it default hereunder, only to ft extent installments under such credit sales (or rents: under iucft leases) are actually received by Holder from the purchase r or new lessee of the Equipment. tororcement of Attorney's Fees and Expenses. If HDIder has to sue Purchaser, or if Holder refers this Contract to an an rney for collection or enforcement against the Collateral, Purchaser agrees to pay Holder's reasonable anorneys' fees' and collection expenses of 'both la -house counsel and outside counsel to the extent Permitted by appiii;eble law. Waivers. Purchaser waives presentment and demand for payment, protest and notice of protest and non- payment. Purchaser further agrees that discharge or release of any parry, or of any Collateral securing this Contract, or any axtension of time for payment, or any delay in enforcing Holder's rights, will not cause Holder to lose any i righ% under this Contract. I Appropriation of.Fuada, 5o lung as this Contract remains in effect, Purchaser agrees to use its good faith etforts to approphate, on -in annual fiscal year basis, or otherwise. sufficient funds to make periexlic installment payments hereunder to Holder. if for any reason, despite its good faith efforts, Purchaser is unable to appropriate j sufficient funds to flay Ifolder hereunder, Purchaser agrees to immediately notify Holder of such circutnswrices, but in no event later than niury {qt)) days prior to Commencement of the ensuing fiscal period for which funds were not appropriaw d by Purchaser 14 payments hereunder. Should Purchaser, despite its good faith efforts, be uetable to appropriate sufficient funds to snake periodic installment payments to Holder hereunder. Purchaser may discharge its then remaining obligations to Holder for purchase of the Equipment by. (a) immediately paying to Holder all remaining funds that have been appropriated by Purchaser For payments hereunder; and th) selling, assigning, and Winslerring ownership, and delivering possession of the Equipment, and delivering all other Collateral, then in Nirchaser's pos.sessiaat, to Holder, it Purchaser's cxponso, and at such location as Holder niay designate. Payment of Ole prin ipal amount financed under this Contract, together with interest thereon, shall be only from funds arising from sources other than ad valorem ° taxation. n ` Notwithstanding the foregoing, Purchaser agrees (a) if any funds are appropriated in any fiscal Period of Purchaser for the Equipment or other equipment performing functions similar to the .Equipment, Purchaser will fulfill its payment obligations hereutnder to the extent n1 such funds' are appropriated for such purpose; and (h) that it will not, so long as any payments are duAcreurder, give priority in r,Wlication of funds to any tither equipment perfonning functions similar to they Equipment, This section shall not he construed so as to penttit Purchaser to fail to pay the indebtedness hereunder in order to purchase, lease, rent or otherwise; Acquire they uw of any Tither equipment. performing functions similar to the Equipment. No Agency Relationship; No )Ittigltt to Awn Chilms and lkleasem• Seller, the manufacturer of the Equipment, and their employees, are not Holi:!Ws partners, agen%. or representatives, and have no right to cumtnit, hind or obligate Holder in any way. P'urchaser's obligations to Holder under this; Contract are absolute and unconditional, and Purchaser has no right to asses against Holder any claim or defense that Purchaser may have against the Seller or tilt, Equipment' manufacturer, or their employees, with retipect to the condition or perforntance or the Equipment, or otherwise. II sperbil Ktpresentailons,- Warranties and Covenants of Purchaser, Tax Assumption. (A) Purchaser represents, covenants and warrants as of the date hereof and until satisfaction of Purehaser`s obligations hereunder that, (i) Purchaser is At s;tute or a fully constituted political subdivision thereof, or its obligations hereunder constitute obligations issued un behalf of a state or a political subdivision thereof, such that any interest derived under this Contract will qualify for exemption from Federal income taxes under section 103 of the Internal Revenue Code; of 19x16, as amended from time to time (the "Code "), and that it will do or cause to be done all Things Recesiary to preserve and ;kerep in full force and effect hoth its existence and this Contract; (ii) the execution, delivers' and prrformancn by Purchaser of this Contract and alt docurnents exce nicd in cruinceii(m herewith, including, but not limited to, any schedules executed Imeuniler and attached hereto and any delivery and uccepmnce certificate required by Seller or Holder (collectively, the " Contract Documents ") have been duly authoritcd "by all 4 �I necessary action on behalf of Purchaser; (iii) the Contract Documents each constitute it legal. ;valid and binding obligations of Purchaser enforceable in accordance with their respective terms; (iv) no additional $t�rernmrnial Girders, permissions, consents, approvals or autliorirations are nevoswq and no registrations or declarations are required to be tiled in cr rmoction with the execution and delivery of the Contract. Documents; (v) tile use of the Equipment by Purchaser is essential to and will be limited to the performance by Purchaser of one or more governmental functions of Purchaser consistent with the permissible score of P'urchaser's authority; (vi) no portion of the Equipment will be used directly or indirectly in any trade or business carried an by any person other than Purchaser; (vii) no portion of the Equipment will he used by an organization described in section 501(cX31 of ttie Code; (Veit) this Contract does not constitute an arbitrage, obligation within the meaning of section 148 of the Code and is not federally guaranteed within the meaning of section , 149(b) of the Code-, and (ix) the heal name of Purchaser is the name set forth Al the beginning of this Contract. p (8) Purchaser shall deliver to Holder an opinion of Purchaser's catensel in form and substance acceptable to Holder. (C) Purchaser covenants that it will: (i) not take any action which results, directly tar indirectly, in the interest portion <ofatty payment not being excludable from Federal gross income }pursuant to section 103 of the Code and will take any reasonable action necessary to prevent such result -, and (ii) execute and rile with the Internal Revenue Service either IRS Form 81138 -G' or IRS Form 8031143C, as applicable. A If Purchaser bitches the cowtviants tontaintd in this F,ectitm, the interest compone»i of the Payments duce to the Helder hereunder' may become includable in 1101der's gross, itworri for federal and state income tax purposes retroactive to the date of this Contract In such evcnt, Purchaser agrees in pay promptly after any such determination of taxability and oo each payment date, thereafter to Moeller, but only froin appropridte:d funds, an additional poyinent determined by Holder to compensate Holder for the'luas of such excludability (including, without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifvYit error); (F) Purchaser acknowledge=s that if any represelttation, warranty or covenant h,trein is false, or if Purchaser laW% any action or omits to take any action which causes`any such representation, warranty or covetiant to he false or to be breached. Holder may suffer adverse-consequences. Accordingly, Purchaser agrees that if it bi6ches any such representation, warranty or covenantor if the same shall he ar :bec+.irtte foist:, this Contract shall be deemed to he in default, and Purchaser shall be liable to Holder in the manner and for the amounts specified io the section entitled "Default Rtotdies, in this C'ontlact. Indernriffk:idw Purchaser thall indemnify Holder against, and shall hold H41dcr harmless from any anti all clahns, actions, proceedings, expenses, damages or liabilities, irecludine xtiorneys' fees pf Both in house and outside counsel and coup costs, arising in connection with the Faauiiment,' including but out limited tai its selection, purchase, delivery, possession, use, operation, rejectioft or relorn and the recovery cif claims under' insurance• policies thereon. This indemnification shall continue in full force; and effect notwithstanding the full payment ol'ail obligations under this Contract ur the termination of this Contract for any teason. Notices. All notices required to be given to Purchaser shall be properly given if mailed to Purchaser at its address shown tin, page I of this Contract.; Assignment. Purchaser agrees that Holder may assign this Contract to ane ar mare third persons without notice to Purchaser. ' Waiver of Right to Jury Trial. Purchaser exprtuly waives any right to a' jury trial in tray dispute regarding this Contract. Cove :1`411111 Law. This Contract shall be governed and construed under the laws of the State of Florida. Mixetallaneout, lit this Contract, the words "!folder" innnr- mcrceefcs -Fiona Credit Corporation, anti its successors, transfertea and assigns, All schadutass Oxieciaed in connection with this Comractsholl becitme pan of this Contract: This Contract and any such schedules constitute the entire agreement between the parties. No S 06/05/01 1 ?: 31 NO. ^95 P006; a15 I modification or amendment of this Contract shall be effective unless in writing signed by all panies. All provisions of this Contract that are prohibited by applicable law shall be ineffective solely to the extent of such prohibition withoutinvaliduting the other provisions of this Contract, Any waiver of holder's rights and romedies under this Contract shall be effective only if specifically agreed by Holster in writing. Limitation of Warrsnty. PURCHASER ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT I5 OF A DESIGN AND CAPACITY SELECTED H'Y FuftGEIASFK ANI)'IVAT NEITtIER SELLER NOR HOLDER IS THE PRODUCER, MANUFAC717URER OR '' DESIGNER OF THE EQUIPMENT, AND THAT NEITHER SELLER NOR HOLDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THIS CONTRACT OR THE EQUIPMENT. INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE Oft INTENDED USE. PURCHASER ACCEPTS THE EQUIPMENT „AS IS ". SELLER AND HOLDER SPECIFICALLY ' DISCLAIM ANY AND 41-1— LIAIRLav Fok CONSEQUENTIAL DAMAGES. TO THE EXTENT SELLER OR MANUFACTURER HAS PROVIDED ANY SF.PARAT'f? WARRANTIES TO PURCHASER, SUCH WARRANTIES ARE BINDING UPON THE SELLER OR MANUFACTURER BUT NOT BINDING UPON HOLDER Oft ANY OTHER ASSIGNEE OF THIS CONTRACT, Severability, If any of the provisions of this Contract are prohibited by or held invalid under applicable laws or regulatiuny of any jurisdiction in which this Contract is sought to be ttforced, then that provision shall he considered inapplicable and omitted but shalt not invalidate the rcmaining.provisions. Headiap. Iteadings at the beginning of each sectical are solely for thii c:onvenienee of the parties 21040M411 not he considered when interpreting this Contract. aY SIGNING BELOW, PURCHASER ACKNOWLEDGES THAT SELLEVS SI NAtURE ON THIS CONTRACT WILL HAVE THE EFFECT' OF ASSIGNING ALL KIGHT, 11TL.E'AND INTEREST OF SFLLFR IN AND` •f0 THIS I.ON'I'KACI' AND THE EQUIPMENT NT TO MIFRCF.DFS -BENZ, CREDIT C.ORPOkA rION, ANU THAT PURCHASER ACCEPTS THE TERMS AND CONDITIONS OF THIS t_`ONTKACI'. thirch.aser: City of South Miami 13y: C r6e, Tide: 1 BY SIGNING IIE LOW,. SELLER ACCEPTS THE TERMS AND CONDITIONS OF THIS CoNTKACT AND ASSIGNS ALI• R1GI IT, TITLE AND INTCRE;ST I!N ANI) T'0 THIS CONTRACT AND THE FQtIIPMI NT TO MERCEDES -011NZ CR ore CORPORATION PURSUANT TO THE TERMS O '011, L- 0UIPMS NT RF.TAII. FINANCF. AGREEMENT ` BY AND BETWEEN SFI.LFR AND MERCFDF.S -EiEN2 CRf t�i'I CORPORATION. Accepted: Seller' Atlantic Ford TTrucic Sales. Inc py: Tide b i ApvANCEAhjORT- ANNUAL PAYMENTS City of South Miami Sale Amt $28.500.0D June 5, 2001 Trade 000 Security Agreement Amortization Schedule Down Payment 0 Amt Fin 52@.500: W agreement dated June 5, 2001 Term-YEARS 5 Amortization "Schedule A" attachment to security Payment $6,344.26 Beginning Scheduled Ending Cash Flow WRR Balance Payment Interest Principal Balance 6.10% Pmt Date 31,971.30 3,471:30 1 (22, 106.7, 06105101 $28,500.00 6.394.26 0.00 6,394.26 22,105.74 2 6394.26 06/05/02 22,105.74 6,394.26 1,346,63 5,045.63 17,060.11 3 5394.26 06/05103 17,060.11 6,394.26 1,040.80 5,353.46 11,706.65 4 6394.26 06105104 11,706.65 6,394.26 714.20 5,660.06 6,026.59 g e994.26 06105/05 6,026.59 6,394-26 367.67 6,026.59 1.00 'I i I 0 0, I 6x- YuQ. r,j, ; rl,n; I�, t_ t i'.`I DF r,t� BILLED: DAM �a 60 / a0 0i NU.799 P015!E7t15 City of South Miami 6130 Subset Drive Miami F1.33143 Pay- Proceeds Affidavit To: Mercedes Bem Credit Corporation C BCC" ): , We have Applied to you fora loan in the amount of S 28,500.00 *0 ** (the ; "Pay ,Proceeds "), which will be secured by a first lien in your favor on certain equipment owned by us. We agree to execute documentation in such form as you may require to accomplish the foregoing. By this letter, we authorise you to disburse the Pay Proceeds in the 1011owing manner: S 28, 500.00" 0 for payment on invoice 7o Atlantic Ford'Truck Sales, Inc Address: 2565 WestState Road 84 City/State/Zip: Ft. Lauderdale, FL 33312 IN WITNFSS WHEREOF, the undersigned has executed this Agreement as of the flay tit , 2001. Icy: Purchaser Title: - By: Seller Title: H0.799 POO /G 15 SCHEDULF. A (page I of 2) This Schedule and Certification of Delivery, Inspection, and 'Acceptance is executed and delivered under and pursuattt to the terms of that certain Fquinanent Installment Sales Contract and Security Agropment dated June S, 2001 (the "Contract "), by and between the undersigned Seller and Purchaser. DFSCRIIyT M Of F- OUIPMI~NT l Year aitd Make Model Serial Number slivery Uatc: 2tftl1 Ford Fs30 I FTNW20FH FCW077 . 7 I I 'I Base Location of Equipment (City, County, 'Stare)s Miami, nadir, Florida <_ ` Lt}IIIQ1 - Purchaser' hereby ' agrees and promises to make payments to 6lolder ai set forth on the arnortimion sclt'edule Oa,ched hereto; Certificate n ivery and Acce tQ ane and D4tg of PiacemL1M in Service Purchaser hereby certifies to SOW thnt on and las of'the date scribed-above as 'Delive*, Date", the Equipment described herein: (1) is tangible persoltttl pro perty and (2) has been delivered to, is in the possession of, and has beef) placed ill service by Purchaser. Verification of Fssefl�1 Ilse Purchaser warrants and verities that the F"ipment is essential for the f'un.tioning of 1160haser and is im,nediately needed by Purchaser. Funds are expected to come from the general funds of Purchaser. Governmental Unit to use Equipment: City of South Miami Specific Use of Equipment: on and Affirmation ref Qther Reeresentatiar,s 11Vai7atltiCS arm Covenants - Purcitac4r hereby Agrees that its w,urranties and covenants made in the Contract art, approved, ratified, and affinned in all respects as tit thcl'dalc of this Schedule and cotttirtny that the representations made bit the Contract are, as tha data Ot this SchcduLc, !ilia, accurIkto,.&nd j;,OmpWjc. lit 4ij fi?$pM;ts. 7 i Q6 05/01 i':.32 PdU. �i' l HO4j6,Iji.`D SCHEDULE A jailg ? of 2} SCHEDULE OF INSTALLMENT PA ME -.NTS Principal Amount Financed: $2000.00 interest Rate: 6.10% per annum Date of Final Payment: 06/05/2005 Commencement Date: 06/05/2001 Purchaser agrees to make periomc payments to Seller as set forth on the sttsc:neu amortization schedule. INSURANCE REOUiR.EME:N1 S Fire and then and collision insuratWO are required until the Contract is paid if) full. Purchaser understands That it has the right to choose the agent or broker and the company through whan► the vehicle physical damage insurance required under this Contract is to be obtained. ❑ Collision $ Deductible and one of the following: Q Comprehensive, ar S Deductible a Fire, `fhet't and CAC $ — .� Deductible Annual Premium: S Total Premium: SELLER AND PURCHASER 1If. REBY ACKNOWLEDGE THAI' SELLER'S SIGNATURE ON THIS SCHEDULE SHALL CONSTITUTE: AND ASS SIGNMEN1' OF ALL 0F.SEI L ER"; RIGHTS. TITLE, AND `WFERESI' IN AND TO THIS SC}IFDi1l.F AND THE EQUI ENT TO mr-- RcFDFS•I1F:N7 ' CREDIT CORPORATION PURSUANT TO THE TERMS OF THE EQUIPMENT INSTAI.I.M r-.NT SALES CONTRACT AND SECURITY AGREEMENT: BY AND BETWEEN SELLER- AND MERCFDFS -HFN7. CREDIT CORPORATION. Atiantle Ford Truck Sulea Inc city of Soutis Miami (SELLER) .. 'RC Af 1. <_ 40 lay: By: Title: _ Title: + �j�ff -i2 eele— \ \FSNAMCF6IEIN,PLANIO PIJBI.IC1KlinelflainstK.doc 8 I Resolution No. 233-00-11125 A RESOLUTION OF THE MAYOR AND CITY; COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MBCC NATIONAL TRUCK OFFICE, FOR LEASING A TRUCK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2050- 519.4455, "LEASE PURCHASE TRUCKS ", FOR AN AMOUNT OF S 6,877.45. WHEREAS, pursuant to Article TII,`Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $5,000.00; and WHEREAS, The City has contracted with MBCC National Truck Office; and WHEREAS, Utilizing this company would provide us with a 5 year lease agreement and option at the end of the lease to purchase; and WHEREAS, The Parks & Recreation Department's Parks and Landscape Division is in great need of new vehicle due to the fact that the older truck ('85) was auctioned off. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be established to MBCC National Truck Office in the amount of $6,877.45 and charging account` number 001- 2050 - 519. 4455, "Lease Purchase- Trucks ". Section 2. This resolution shall take effect immediately upon approval, PASSED AND ADOPTED thus 2 l s t day of November 2000. ATTEST: APPROVED: Z6��j CITY CLERK MAYOR COMMISSION VOTE:: 5 -0 Mayor Robaina: REAL�AND APP4ROVED AS TO FORM: Vice Mayor F e l i u: Yea Yea Commissioner Bethel: Yea - Commissioner Wiscombe: Yea ATT Commissioner Russell: Yea Tirt,CriCCt iAW Qwof I CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: November 6, 2001 Agenda Item From: Charles Scuff Re: Comm. Mtg. 11/06/2001 City Manager Truck lease REQUEST Approval of Annual payments to Mercedes Benz Credit Corporation for the remainder of the lease term. BACKGROUND AND ANALYSIS The Mayor and City Commission approved resolution number 214 -00- 11107, for the leases of an F -250 pick up truck, for the Parks and Recreation Department on October 17, 2000. Resolution #214 -00 -11107 provided authorization for the signing of the 5 -year lease and only for the first annual payment of the lease term. The lease contract provides for the first lease payment to be made to Atlantic Truck, which is the dealer, and the subsequent remaining payments to be made to Mercedes Benz Credit Corporation, the leasing company. The attached resolution authorizes the City manager to make annual payments for the remaining term of the contract to Mercedes Benz Credit Corporation in annual amounts of $5,914.31. Funds to Purchase/Lease this pick up truck would be disbursed from account number 001- 2050 -59 -4455, Lease Purchase Trucks. Available account balance is $12,500.00 RECOMMENDATION I recommend approval. - Try,., RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LEASE/CONTRACT WITH MBCC ATLANTIC TRUCK AND MERCEDES BENZ CREDIT CORP, THE LEASING COMPANY FOR THE PARKS AND RECREATION F250 PICK UP TRUCK'S REMAINING FOUR YEAR LEASE IN AN AMOUNT NOT TO EXCEED $23,658.00 TO BE PAID IN ANNUAL PAYMENTS OF $5,914.31 FOR THE REMAINDER OF THE LEASE TERM AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2050-519-4455, -LEASE PURCHASE TRUCKS-, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to article III, Section 5, H, of the City Charter requires bids and resolutions be obtained for services and or purchases of items over $5,000.00; and WHEREAS, the City Commission approved resolution Number 214-00-11107 on October 17, 2000 authorizing the City Manager to sign a five-year contract for the purchase/lease of an F250 for the Parks and Recreation division in an amount of $5,914.31 for the first year; and WHEREAS, Lease contract provides for the first lease payment to be made to Atlantic Truck, which is the dealer, and the subsequent four payments to be made to Mercedes Benz Credit Corporation the leasing company; and WHEREAS, this resolution is to authorize the City Manager to make annual payments in the amount of $5,914.31 for the remainder of the lease/purchase contract of four years. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager be, and hereby is authorized to make payments for the remainder four years of the contract/lease term in an amount not to exceed $23,657.24 to Mercedes Benz Credit Corporation, the leasing company and charging to account 001-2050-519-44.55 "Lease purchase trucks". Year 2001/2002 $5,914.31 Year 2002/2003 $5,914.31 Year 2003/2004 $5,914.31 Year 2004/2005 $5,914.31 Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 6TH day of November 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: EQUIPMENT INSTALLMENT SALES CONTRACT AND SECURITY AGREEMENT SELLER: Atlantic Ford Truck Sales, Inc PURCHASER: City of South Miami `2565 West State Road 84 6130 Sunset Drive Ft. Lauderdale, FL 33312 Miami, FL 33143 This Equipment Installment Sales Contract and Security Agreement (hereinafter "Contract ") is entered into on the first day of March, 2001, by and between Atlantic Ford Truck Sales, Inc (the "Seller ") and City of South Miami (the "Purchaser"). TERMS AND CONDITIONS Credit Sale of Equipment. Seller hereby sells to Purchaser and Purchaser hereby purchases from Seller the equipment described in Schedule A of this Contract, together with all attachments ` and accessories thereto (the "Equipment "). The sale of the Equipment is on a credit sales basis, subject to the terms and conditions of this Contract. Promise to Pay. Purchaser promises to pay to Seller the Principal Amount Financed indicated on Schedule A of this Contract, together with interest at the disclosed interest rate from the date this Contract is signed, until this Contract is paid in full. Following the > assignment of this Contract to Mercedes -Benz Credit Corporation (the "Holder"), Purchaser agrees to make all payments directly to Holder at the address provided to Purchaser, with Holder having all of the rights and remedies available to Seller under the Contract. Interest. Interest will be assessed on the unpaid principal balance of this Contract on a 365 /360 basis; that is, by applying the'ratio of the annual' interest rate over a year' of 160 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Unpaid late charges and other fees -and charges will be added to the , unpaid principal balance of this Contract subject to interest. Under no circumstances will the interest rate be more than the maximum rate allowed` by applicable law, it being Holder's intent to strictly comply with all laws relating to interest and usury. Accordingly, notwithstanding any provision of this Contract to the contrary, Purchaser i &'not obligated to pay, nor will Holder accept payment of, interest in excess of that allowed by ,applicable law in any form and in any amount. Should Holder receive interest in excess of that allowed by applicable law, Holder may, at Holder's option, refund the amount erroneously paid, or Holder may credit that amount to other sums that Purchaser may then owe Holder. ' Repayment Provisions. Principal and interest under this Contract' are repayable in accordance with the amortization schedule provided on Schedule A of this Contract. Purchaser's final payment will be in the amount of principal, unpaid interest and other fees' and charges then outstanding under this Contract. All . payments will be made directly to Holder at Holder's above address; or to some other address as advised 'by the Holder. Late Payment. If Purchaser fails to pay any installment under tl'ii's Contract in full within fifteen (15) days of when due, Purchaser agrees to pay Holder a late payment fee' in an amount equal to 5% of the delinquent amount, or if applicable law does not permit late charges in such amount, Purchaser shall pay Holder a late charge in the maximum amount allowed. Returned Check Charges. In the event that Purchaser makes any payment under this Contract by check, and Purchaser's check is returned unpaid for any reason, Purchaser agrees to pay Holder a returned check fee in an amount equal to 596 of Purchaser's dishonored check, or if applicable law does not permit returned check fees in such amount, Purchaser shall pay Holder a returned check fee in the maximum amount allowed. Prepayment. Purchaser may prepay unpaid principal and then accrued interest under this Contract, and all other amounts then owed, in full, at any time and without penalty. _1 ( t Grant of Security Interest. To secure the prompt and punctual payment and satisfaction of Purchaser's obligations under this Contract, Purchaser grants Holder a first priority, continuing security interest ' in the Equipment, and in all accessories, attachments, accessions, replacements and additions to the Equipment and in all proceeds of the Equipment, including without limitation, all insurance proceeds and refunds of insurance premiums, if any, and all sums that may be due from third parties who may cause damage to the Equipment, or from any insurer, whether due to judgment, settlement or other process. All of the foregoing are referred to under this Contract as the "Collateral ": 'Holder's security interest in the Collateral additionally secures: (a) Purchaser's obligation, ender any other loans, leases, or indebtedness that Purchaser may now and in the future owe to or incur in favor of Holder, whether direct or indirect, of every nature and kind; (b) all additional funds that Holder may advance on Purchaser's behalf as provided in this Contract and (:)`Holder's costs and expenses incurred in enforcing this Contract and in exercising Holder's rights against the Collateral, including: Holder's reasonable attorneys' fees and expenses of both in -house and outside counsel (to the extent permitted by applicable law) and court costs. With regard to titling, registration and licensing of the Equipment: (a) the Equipment shall be titled in the name of Purchaser and Holder shall be shown on the certificate of title as the first priority lienholder; (b) the Equipment is and shall at all times remain titled and registered in the state in which Purchaser is located; and (c) all original title documents shall be forwarded by Purchaser to Holder upon Purchaser's receipt thereof. Filing and Perfection. Purchaser agrees to execute and deliver to Holder any financing or other statement required to be filed to perfect Holder's security interest in the Collateral, and to do all other things necessary to cause Holder's security interest to be noted on the Equipment certificate of title. Purchaser agrees and authorizes Holder to perfect its security interest in Collateral by filing an original of this Contract or of a UCC -1 financing statement, or altematively'by filing a carbon, photocopy, facsimile or other copy of this Contract or of a UCC -1 financing statement in <lieu of filing an original. Purchaser ;agrees that Holder may retain possession of the Equipment certificate of title so long as Holder's security interest remains in effect. Purchaser agrees to reimburse Holder for all filing costs and perfection expenses, as well as for all costs of amending, continuing and terminating such filings. Purchaser hereby, appoints Holder as Purchaser's attorney -in -fact to do and perform all acts that Holder may deem to be necessary and proper, to perfect and continue the perfection of Holder's security interest. Purchaser authorizes Holder to correct any patent errors in this Contract. Covenants. Purchaser agrees that Holder's security > interest in the Collateral will continue until all of Purchaser's obligations secured hereunder are fully paid and satisfied. Purchaser agrees not to sell, lease, transfer or assign the Equipment, or to assign Purchaser's obligations under this Contract, or to allow any other security interest or lien to be placed on or to attach to the Equipment, without Holder's prior written consent. No transfer, renewal, extension or assignmenti of this Contract, or any interest herein, or any loss, damage, injury or destruction of the Equipment, will release Purchaser from any of its obligations under this Contract. Purchase& may not make any material changes or alterations to the Equipment without Holder's prior written consent (including replacements, additions, accessories or substitutions). Anything which is attached to the Equipment shall become a component part of the Equipment, and will be subject to Holder's security interest. Purchaser agrees to make all necessary repairs to, and not to abandon, the Equipment, and to abide by all laws, rules and regulations with respect to. the use and operation of the Equipment, and with respect to the transport of goods and persong i1 the Equipment. Unless otherwise in use elsewhere, the Equipment will be kept at Purchaser's address indicated on Schedule A of this Contract. Purchaser agrees not to remove the Equipment from the estate in wr ich Purchaser is located for a period in excess of sixty (60) consecutive days without first obtaining Holder's prior written consent. Purchaser agrees to obtain all permits and licenses necessary to use and operate the Equipment in all jurisdictions where such permitting and licensing are required. Purchaser' agrees that Holder shall have the right to inspect the Equipment at reasonable times. Purchaser agrees to promptly pay all taxes, assessments and governmental charges (if any) that may be assessed against the Equipment and to furnish Holder with evidence that such taxes, assessments and charges have been paid. Purchaser agrees to maintain insurance on the Equipment at its expense in amounts and with such deductible limits, and insuring :. such risks, all as more fully, set forth on Schedule A to this Contract, which insurance must be issued by a financially responsible insurance company or companies acceptable to Holder. Purchaser agrees to designate Holder as a non - contributory, lender loss payee beneficiary ' under Purchaser's insurance policy or policies, which shall require at least twenty, (20) days advance written notice to Holder before such insurance may lapse, or be reduced, or be canceled or terminated for' any reason. Purchaser agrees to provide Holder with original copies of its insurance' policies along' with eA ence'that'Purchaser has paid the policy',premiums and all renewal premiums. Purchaser agrees that Holder shall have the right to receive payment on all insurance policies covering the Equipment directly from the insurance company or companies insuring the Equipment, and that Holder may 2 AN apply the insurance proceeds to the unpaid balance of the Purchaser's obligations hereunder. Should Purchaser fail to purchase and maintain insurance on the Equipment, or fail to pay taxes, assessments and governmental charges (if any), when due, or should Purchaser allow any other lien or security interest to attach to the Equipment, or should Purchaser fail to maintain and repair the Equipment, or should Purchaser fail to do whatever else is required of Purchaser under this Contract, "then Holder shall have the right (at Holder's sole option, . and 'without any responsibility or liability to do so) to purchase insurance of such type and coverages, and in such amounts as Holder deems acceptable, to ; pay such taxes, assessments and governmental charges (if any), to satisfy any liens or encumbrances against the Equipment, to make such repairs to the Equipment and to do such other acts as Holder may deem, within its sole discretion to be necessary and proper. Purchaser agrees to immediately reimburse Holder for all additional sums that Holder may advance for such purposes, together with interest thereon at the interest rate provided in Schedule A to this Contract, from the date of each advance until Purchaser repays Holder in full. All such additional sums shall be secured by the Collateral. Any insurance that Holder may purchase on Purchaser's behalf may, at Holder's option, be in the form of single or dual interest insurance, or any other types of coverages, which Holder may elect to purchase to protect its interests. Purchaser understands and agrees that insurance that Holder may purchase on Purchaser's behalf may not be at the lowest available rate. Holder may retain a portion of the cost of such insurance. Purchaser authorizes Holder to release to third parties any information necessary to facilitate insurance and tax monitoring and insurance placement. Any refund of unearned insurance premiums received by Holder will be credited to Purchaser's then obligations under this Contract. These credits will be applied to as many installment payments as they will cover beginning with the final installment. Holder will notify Purchaser of how these credits will be applied. Default and Acceleration. Holder has the right; at its option to insist on immediate payment in full (to accelerate the maturity) of this Contract upon any or more of the following events: (a) other than resulting from non - appropriation of funds as provided in the section of this Contract entitled "Appropriation of Funds" which shall not constitute a default hereunder, if Purchaser fails to make any payment under this Contract when due; or (b) if Purchaser is in default under any other provision of this.Contract or (c) if Purchaser is in default under any other loan, extension of credit, lease, or obligatiota that Purchaser may now and in the future owe to Holder; or (d) if Purchaser should cease to exist; or (e) if Purchaser should become insolvent, or apply for bankruptcy or other relief from creditors. Default Remedies. Should Purchaser default under this Contract, and Holder elects to accelerate payment under this Contract, Purchaser agrees that Holder may exercise allaof the rights and remedies available to secured parties; generally under the Uniform Commercial Code; in effect in the state where the Equipment is 'then located. Specifically and unconditionally, Purchaser agrees :to turn over and deliver, the Equipment to Holder at Purchaser's expense, at the time and at the location Holder may demand of Purchaser.' Alternatively, Holder may enter the place where the Equipment may be located, and take possession of the Equipment, acid all other property then located on or in the Equipment, provided that Holder is able to do so without breach of the peace. Holder may then sell the Equipment without warranty at public or private sale, and apply the sale proceeds to the satisfaction of Purchaser's secured obligations. Holder has no obligation to clean -up, repair, or prepare the Equipment for sale. Purchaser agrees that any requirement that Holder notify Purchaser of the sale of the Equipment will be satisfied if Holder sends Purchaser a written communication at least. ten (10) days in advance of the datq on which a public sale is scheduled, or within ten (10) days in advance of the time after which a private sale may take place. Any required public notice of such a sale shall be satisfied by a one -time publication in,a newspaper -of general circulation in the community in which the sale is to take place. Purchaser understands that, if the sales proceeds (after deducting all of Holder's enforcement attorney's fees, and Holder's other co: sts and expenses of collection, foreclosure and sale, and such other amounts as may be payable out of the sales proceeds) are greater than the amount of Purchaser's secured obligations, Holder will pay any surplus to the Purchaser. However, if the net sales proceeds (after deducting Hol'der's enforcement attorney's fees,' and Holder's other costs and expenses of collection, foreclosure and sale, and such other amounts as may be payable out of the sale proceeds)' are less than Purchaser's secured obligations, Purchaser will remain liable fo Holder for any deficiency. Purchaser agrees that: (a) Holder may disclaim any warranties of title, fitness or any similar warranties upon the sale of any Equipment; (b) Holder may comply with any applicable state or federal law requirements in connection with the Equipment and the disposition thereof and such compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Equipment; (c) retention of the Equipment in either full or partial satisfaction of Purchaser's liability resulting from a default hereunder may be made by Holder, at its election, under and pursuant to the procedures' established in the UCC; and (d) the proceeds of any sale of the Equipment that 3 is made on a credit basis (or of any re- leasing of the Equipment) will be applied against Purchaser's liability resulting' from -a default hereunder, only to the extent installments under' such credit sales (or rents under such leases) are actually received by Holder from the purchaser or new lessee of the Equipment. Enforcement of Attorney's Fees and Expenses. If Holder has to sue Purchaser, or if Holder refers this Contract to an attorney for collection or enforcement against the Collateral, Purchaser agrees to pay Holder's reasonable attorneys' fees and collection expenses of both in -house counsel and outside counsel to the extent permitted by applicable law. ` Waivers. Purchaser waives presentment and demand for payment, protest and notice of protest and non- payment. Purchaser further agrees that discharge or release of any party, or of any Collateral securing this Contract, or any extension of time for payment, or any delay in enforcing Holder's rights, will not cause Holder to lose any rights under this Contract. Appropriation of Funds. So long as this Contract remains in effect, Purchaser agrees to use its good faith efforts to appropriate, on an annual fiscal; year basis, or otherwise, sufficient funds to make periodic installment payments hereunder to Holder. If for any reason, despite its good faith efforts, Purchaser is unable to appropriate sufficient funds to pay Holder hereunder, Purchaser agrees to immediately notify Holder of such circumstances, but in no event later than ninety (90) days prior to commencement of the ensuing fiscal period for which funds were not appropriated by Purchaser for payments hereunder. Should Purchaser, despite its good faith efforts, be unable to appropriate sufficient funds to make periodic installment payments to Holder hereunder, Purchaser may discharge its then remaining obligations to Holder for purchase of the Equipment by: (a) immediately paying to Holder all remaining funds that'have been appropriated by Purchaser for payments hereunder; and (b) selling, assigning, and transferring ownership, and delivering possession of the Equipment, and delivering all other Collateral then in Purchaser's possession, to Holder,, at Purchaser's expense, and at such location as Holder may designate. Payment of the principal amount financed under this Contract, together with interest thereon, shall be only from funds arising from sources other than ad valorem taxation.. Notwithstanding the foregoing, Purchaser' agrees `(a) if anyfunds are appropriated in any fiscal period of Purchaser for the Equipment or other equipment performing. functions similar to the Equipment, Purchaser will fulfill its payment obligations hereunder to the extent of such"funds are appropriated for such purpose; and (b) that it will not, so long as any payments are due hereunder, give priority in application of funds :to any other equipment performing functions similar to the Equipment. This ration shall not be construed so as to permit Purchaser to fail to pay the indebtedness hereunder in order to purchase, leasq, rent or otherwise acquire the use of any other equipment performing functions similar to the Equipment. o No Agency Relationship; No Right to Assert , Claims and Defepses. Seller, the manufacturer of the Equipment, and their employees, are not Holder's partners, agents, or representatives, and have no right to commit, bind' or obligate Holder in any way. Purchaser's obligations to Holder under this Contract, are absolute and unconditional, and Purchaser has no right to assert against Holder any claim or defense that Purchaser may have against the Seller or the Equipment manufacturer, or their employees, with respect to theSondition or performance of the Equipment, or otherwise. Special Representations, Warranties and Covenants of Purchaser; Tax Assumption. (A) Purchaser represents, covenants and warrants as of the date hereof and until satisfaction of Purchaser's obligations hereunder that: (i) Purchaser is a state or a fully constituted political subdivision thereof, or its obligations hereunder constitute obligations issued on behalf of a state or a political subdivision thereof, such that any interest derived under this Contract w' ill qualify for exemption from Federal income taxes under section 103 of the Internal Revenue Code of 1986, as amended from time to time (the "Code "), and that it will do or cause to be done all things necessary to preserve and keep ini, full force and effect both: its existence and this Contract; (ii) the execution, delivery and performance by Purchaser of this Contract and all documents executed in connection herewith, including, but not limited to; any schedules executed hereunder and attached hereto and any delivery and acceptance certificate required by Seller or Holder (collectively, 'the "Contract Documents ") have been duly authorized by all necessary action on behalf of Purchaser; (iii) the Contract Documents each constitute a legal, valid and binding obligations of Purchaser I enforceable in accordance with their respective terms; (iv) no additional governmental orders, permissions, consents; approvals or authorizations' are necessary and no registrations or declarations are required to be filed in connection with the execution and delivery of the Contract Documents; (v) the use of the Equipment by 4 Purchaser is essential to and will be limited to the performance by Purchaser of one or more governmental functions of Purchaser consistent with the permissible scope of Purchaser's authority; (vi) no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any person other than Purchaser; (vii) no portion of the Equipment will be used by an organization described in section 501(c)(3) of the Code; (viii) this Contract does not constitute an arbitrage obligation within the meaning of section 148 of the Code and is not federally guaranteed within the meaning of section 149(b) of the Code; and (ix) the legal name of Purchaser is the name set forth at the beginning of this Contract. (B) Purchaser shall deliver to Holder an opinion of Purchaser's counsel in form and substance acceptable to Holder. (C) Purchaser covenants that it will: (i) not take any action which results, directly or indirectly, in the interest portion of any payment not being excludable from Federal gross income pursuant to section 103 of the Code and will take any reasonable action necessary to prevent such result; and (ii) execute and file with the Internal Revenue Service either IRS Form 8038 -G' or IRS Form 8038 -GC, as applicable. (D) If Purchaser breaches the covenants contained in this Section, the interest component of the payments due to the Holder hereunder may become includable in Holder's gross income for federal and state income tax purposes retroactive to the date of this Contract. In such event, Purchaser agrees to pay promptly after any such determination of taxability and on each payment date thereafter to Holder, but only from appropriated funds, an additional payment determined by Holder to compensate Holder for the loss of such excludability (including, without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error). (E); Purchaser acknowledges that if any representation, warranty or covenant herein is false, or if Purchaser takes any action or omits to take any action which causes any such representation, warranty or covenant to be false or to be breached, Holder may suffer adverse consequences. Accordingly, Purchaser agrees that if it breaches any such representation, warranty or covenant or if the same shall be or become false, this Contract shall be deemed to The in default, and Purchaser shall `be liable to Holder in the manner and for the amounts specified in the section entitled "Default Remedies" in this Contract. Indemnification. Purchaser shall indemnify Holder against, and shall' hold Holder harmless from any and all claims, actions, proceedings, expenses,* damages br liabilities, including attorneys' fees of both in house and outside counsel and court costs, arising in connection with the Equipment, including but not limited to its selection, purchase, delivery, possession, use, operation, rejection or return and the recovery of claims under insurance policies thereon. This indemnification shall continue in full force and effect not*ithstanding theq full payment of all obligations under this Contract or the termination of this Contract for anyreaspn. ; Notices. All notices required to be given to Purchaser shall be properly given if mailed�to Purchaser at its address shown on page 1 of this Contract. , Assignment. Purchaser agrees that Holder may assign this Contract to one, or more third persons without notice to Purchaser. _ Waiver of Right to Jury Trial. Purchaser expressly waives any right to a jury trial in any dispute regarding this Contract: Governing Law. This Contract shall be governed and construed under the laws of the State of Florida. Miscellaneous. In this Contract, the words "Holder" means Mercedes -Benz Credit Corporation, and its successors, transferees and assigns. All schedules executed in connection with this Contract shall become part of this Contract. This Contract and any such schedules constitute the entire agreement between the parties. No modification or amendment of this Contract shall be effective unless in writing signed by all parties. All provisions of this Contract that are- prohibited by applicable law shall be ineffective solely to the extent of such prohibition without invalidating the other provisions of this Contract. Any waiver of Holder's rights and remedies under this Contract shall be effective only if specifically agreed by Holder in writing.' 5 Limitation of Warranty. PURCHASER ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS OF A DESIGN AND CAPACITY SELECTED BY PURCHASER AND THAT NEITHER SELLER NOR HOLDER IS THE PRODUCER, MANUFACTURER OR DESIGNER OF THE EQUIPMENT, AND THAT NEITHER SELLER NOR HOLDER MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS CONTRACT OR THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE- OR INTENDED USE. PURCHASER ACCEPTS THE EQUIPMENT "AS IS ". SELLER AND - HOLDER SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE EXTENT SELLER OR MANUFACTURER HAS PROVIDED ANY SEPARATE WARRANTIES TO PURCHASER, SUCH WARRANTIES ARE BINDING UPON THE SELLER OR MANUFACTURER BUT NOT BINDING UPON HOLDER OR ANY OTHER ASSIGNEE OF THIS CONTRACT. Severability. If any of the provisions of this Contract are prohibited by or held invalid under applicable laws or regulations` of any jurisdiction in which this Contract is sought to be enforced, then that provision shall be considered inapplicable and omitted but shall not invalidate the remaining provisions. Headings. Headings at the beginning of each section are solely for the convenience of the parties and shall not considered when interpreting this Contract. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES THAT SELLER'S SIGNATURE ON THIS ' CONTRACT WILL HAVE THE EFFECT OF ASSIGNING ALL RIGHT, TITLE AND INTEREST OF SELLER IN AND TO THIS CONTRACT AND THE EQUIPMENT TO MERCEDES-BENZ CREDIT CORPORATION, AND THAT PURCHASER ACCEPTS THE TERMS AND CONDITIONS OF THIS CONTRACT. Pvrchaser: :City of South Miami • �* '' •' •. BY SIGNING BELOW, SELLER ACCEPTS THE TERMS AND CONDITIONS OF THIS CONTRACT AND ASSIGNS ALL RIGHT, TITLE A?,P INTEREST `IN AND TO THIS CONTRACT AND THE EQUIPMENT 'TO MERCEDES -BENZ CREDIT CORPORATION PURSUANT TO THE TERMS OF THE EQUIPMENT RETAIL FINANCE AGREEMENT BY AND BETWEEN SELLER. AND 'MBRCEDES -BENZ CREDIT CORPORATION. s Accepted: Seller Atlantic Ford Truck Sales, Inc By: Title: y, i l 6 AP SCHEDULE A (page 1 of 2) This Schedule and Certification of Delivery, Inspection, and _Acceptance is executed and delivered under and pursuant to the terms of that certain Equipment Installment Sales Contract and Security Agreement dated March 1, 2001 (the "Contract "), by and between the undersigned Seller and Purchaser. DESCRIPTION OF EQUIPMENT eariM$e t Serb NLl1I1eP$ DY�very ba .� ..: 2001 Ford F250 1FTNX20F61EB93263 02/15/2001 Base Location of Equipment (City, Count, State): Miami, Dade, Florida Payments - Purchaser hereby agrees and promises to make payments to Holder as set forth on the amortization schedule attached hereto. Certificate of Delivery and Acceptance and Date of Placement in Service - Purchaser hereby certifies to Seller that on and as of the date described above as "Delivery Date ", the Equipment described herein: (1) is tangible personal property and (2) has been delivered to, is in thep`ssession of, and has been placed in service by Purchaser. Verification of Essential Use Purchaser warrants and verifies that the Equipment is essential for the functioning of Purchaser and is immediately needed by Purchaser. Funds are expected to come from the general fund's of Purchaser. Governmental Unit to use-Equipment: City of South Miami Specific Use of Equipment: Ratification and Affirmation of Other Representations, Warranties and Covenants Purchaser hereby agrees that its warranties and covenants made in the Contract are approved, ratified, and affirmed in all respects as of the date of this Schedule and confirms that the representations made in the Contract are, as of the date of this Schedule, true, accurate, and complete in all respects. 7 SCHEDULE A (page 2 of 2) SCHEDULE OF INSTALLMENT PAYMENTS Principal Amount Financed: $26,245.00 Interest Rate: 6.35% per annum Date of Final Payment: 03/01/2005 Commencement Date: 03 /01/2001 Purchaser agrees to make periodic payments to Seller as set forth on the attached amortization schedule. INSURANCE REQjnBIVIENTS Fire and theft and collision insurance are required until the Contract is paid in full. Purchaser understands that it has the right to choose the agent or broker and the company through whom the vehicle physical damage insurance required under this Contract is to be obtained. o Collision $ Deductible and one of the following: o Comprehensive, or $ Deductible o Fire, Theft and CAC $ Deductible Annual Premium: Total Premium: $ SELLER AND PURCHASER HEREBY ACKNOWLEDGE THAT SELLER'S SIGNATURE ON THIS SCHEDULE SHALL CONSTITUTE AND ASSIGNMENT OF ALL OF SELLER'S RIGHTS, TITLE, AND INTEREST IN AND TO THIS SCHEDULE AND" TIDE EQUIPMENT TO MERCEDES -BENZ CREDIT CORPORATION PURSUANT TO THE 'TERMS OF THE EQUIPMENT INSTALLMENT SALES CONTRACT AND ;SECURITY AGREEMENT BY AND BETWEEN SELLER AND MERCEDES -BENZ CREDIT CORPORATION. Atlantic Ford Truck Sales, Inc City of South Miami (SELLER) PURCHASE By By Title; Title: \\FSNAMCF6\ FIN_ PLANkO _PUBLIC\Kline\flainstK.doc 8 CE AMORT - ANNUAL PAYMENTS t VIDownPayment $2$,245.00 City of South Miami 0.00 March 01;2001 0 Security Agreement Amortization Schedule Amt Fn $26245.00 Term -YEARS 5 Amortization `Schedule A' attachment to security agreement dated March 1, 2001 Payment $5,914.31 Beginning Scheduled Ending Cash Flow & IRR Balance Payment Interest Principal Balance 6.35% Pmt Date 29,571.55 3,326.55 1 (20,330.69) 03101/01 $26,245.00 5,814.31 0.00 5,914.31 20,330.69 2 5914.31 03/01/02 20,330.69 5,914.31 1,290.93 4,623.38 15,707.31 3 5914.31 03101/03 15,707.31 5,914.31 997.36 4,916.95 10,790.35 4 5914.31 03101/04 10,790.35 5,914.31 685.15 5,229.16 5,561.19 r 5 5914.31 03/01/05 5,561.19 5,914.31 353.12 5,561.19 1.00 z' • I I r= I I City of South Miami 6130 Sunset Drive Miami FL 33143 Pay Proceeds Affidavit To: Mercedes Benz Credit Corporation ( "MBCC "): We have applied to you for a loan in the amount of $ 26,245.00 * * ** (the "Pay Proceeds "), which will be secured by a first lien in your favor on certain equipment owned by us. We agree to execute documentation in such form as you may require to accomplish the foregoing. By this letter, we authorize you to disburse the Pay Proceeds in the following manner: $ 26,245.00 * * * * ** for payment on invoice To: Atlantic Ford Truck Sales, Inc Address: 2565 West State Road 84 City/State/Zip: Ft. Lauderdale, FL 33312 IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the day of , 2001. .•.B baser ' 'Title: i Y' Seller Title: J Resolution No. 214-00-11167 A RESOLUTION OF THE MAYOR AND CITY COI+ISSION OF THE CI'T'Y OF SOUTH MIAMI, FLORIDA, AUTHORIZINO THE PTY MANAGER To ENTER INTO A CONTRACT WITH MBCC NATIONAL TRUCK OFFICE, FOR LEASING TRUCK, AND CHARGING THE, DISBURSEMENT TO ACCOUNT NUMBER 0 A 0 A 2050-519.4455, "LEASE PURCIIASE TRUCIS,, FOR AN AMOK OF 56;480.00. WHEREAS, pursuant to Article III, Section be obtained for 5, H, of the City +Charter requires bids services and or purchases of items aver $5,000.00; and WHEREAS, The vehicle being utilized by the . supervi Landscape Division is 1.0 years old: and sor of the parks and WHEREAS, I The City has contracted with NMCC National Truck 0ffice and d AREAS, Tltili2ing this company . would provide us with 5 year lease agreement and option at the end of the lease to purchase; and WHEREAS, The City of South Miami Parks & Recreation Department is i need of a new vehicle. n great NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY CO�'VIMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:, T . Secs . That a purchase order be established to MBCC Nation Office in the amount of $6,480.00 and charging account bomber 001- 2050 - 519.4455, "Lease purchase - Trucks, Sect ---� This resolution shall take effect immediately upon approval. Pp ruval. PASSED AND, .ADOPTED this 1� day of October 2000. ATTEST. APPROVED: .. ---5 CI Y CLERK:? MAYOR CORMTSSION`,-. VOTE READ AND APPROVED AS TO FORD: Mayor. R o a n a : 4-0 Yi ce MaYor Feld u: Yea C6mmissioner Bethel- CITYATTORigEY Commissianer+isCOtbe Yea zw�i tr zaw- zoom., C.OtTti6i 1 S S loner" Russell: Yea CITY OF SOUTH MIAMI INTER - OFFICE 'MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Man ger r000 REQUEST: Date: October 26, 2001 Agenda Item # F — Comm Mtg. 11 -06 -01 Re: Authorization to execute Agreement for Water and Sanitary Sewer Facilities with Miami -Dade County for the Multi- purpose Center i A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGREEMENT WITH MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR WATER AND SANITARY SEWER FACILITIES FOR THE MULTI- PURPOSE CENTER KNOWN TO MIAMI -DADE WATER AND SEWER DEPARTMENT (MDWASD) AS MURRAY PARK-PHASE II, ID #17688 PROVIDING AN EFFECTIVE DATE. BACKGROUND: As you know, the City is in the Design development phase of the Multi- purpose Center. In an effort to commence construction next year and provide needed water and sanitary sewer services to project site, we are required to execute the attached agreement with Miami -Dade County. With the agreement, Miami -Dade Water_ and Sewer Department will provide the City with an average daily water usage of, four thousand five hundred ninety -eight gallons (4,598) and sanitary sewer service. In return, we are required to extend the watermain to the project site and connect the water and sewer services for thirty -two thousand one hundred forty -two dollars and seventy -five cents ($32,142.75) connection fee. The connection fees and all applicable fees will be paid through the Safe Neighborhood Parks Bond funds. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ATTACHMENTS: ❑ Proposed Resolution ❑ Copy of Agreement with Miami -Dade County I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 AGREEMENT WITH MIAMI -DADE COUNTY AND THE CITY 6 OF SOUTH MIAMI FOR WATER AND ;SANITARY SEWER 7 FACILITIES FOR THE MULTI - PURPOSE CENTER KNOWN TO 8 MIAMI -DADE WATER AND SEWER DEPARTMENT 9 (MDWASD) AS MURRAY PARK -PHASE II, ID #17688 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of South Miami 13 wishes to provide water and sewer services to the multi- purpose center through 14 Miami -Dade Water and Sewer Department; and, 15- 16 WHEREAS, the Ci,1 shall connect to MDWASD's twelve (12) inch 17 watermain located at SW 68t Street and Commerce Lane and extend service to the 18 Muti- purpose center as indicated in Section 5, Points of Connection, of the 19 agreement; and, 20 21 WHEREAS, the City shall connect to MDWASD's 8 -inch gravity sewer main 22 abutting the property on both the southern and western boundaries and extend 23 service to the Muti- purpose center as indicated in Section 5, Points of Connection, 24 of the agreement; and, 25 26 WHEREAS, the City intend to construct building units and /or uses in the Multi - 27' purpose center for which the total average daily gallonage, per MDWASD 28 established rates, is four thousand five hundred ninety -eight (4,598) gallons, 29 resulting in combined water and sewer connection charges in the amount of thirty - 30 two thousand one hundred forty -two dollars and seventy -five cents ($32,142.75) to 31 be paid by the city; and, 32 33 WHEREAS, the City intend to pay the connection fee and applicable documents 34 recording fees from the Safe Neighborhood Bond funds allocated for the project; 35' and, 36, 37 38 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 40 Additions shown by underlining and deletions shown by eve}str kin . I Section 1. The City Manager is authorized to enter into an agreement 2 with Miami -Dade County for Water and Sewer Facilities to the Multi- purpose 3 Center. 4 5 Section 2. That the attached agreement, Agreement for Water and 6 Sanitary Sewage Facilities between Miami -Dade County and The City of South 7 Miami, be made apart of the resolution. 8 9 Section 3. This resolution shall take effect immediately upon approval. 10 1 l PASSED AND ADOPTED this day of 92001. 12 13 ATTEST: APPROVED: 14 15 16 CITY CLERK MAYOR 17 18 Commission Vote: 19 READ AND APPROVED AS TO FORM: Mayor Robaina: 20 Vice Mayor Feliu: 21 Commissioner Wiscombe: _22 CITY ATTORNEY Commissioner Bethel: 23 Commissioner Russell: 24 Page 2 of 2 MURRAY PARK -PHASE It, ID# 17688 AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES BETWEEN MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI This instrument prepared by: Clementine Sherman New Business Administrative Officer II Utilities Development Division Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146 -2221 MURRAY PARK -PHASE II, ID# 17688 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of 2001 by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY ", whose mailing address is: c/o Miami -Dade Water and Sewer Department, 3575 S. LeJeune Road, Miami, Florida 33146 -2221 and The City of South Miami, a Florida municipality, hereinafter designated as the "CITY ", whose mailing address is: 6130 Sunset Drive, South Miami, Florida 33143. WITNESSETH: WHEREAS, the CITY desires water and sewer service to be rendered to property owned by the CITY, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter, designated as the "DEPARTMENT ", operates the water and sewage systems owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: Page 2 of 22 MURRAY PARK -PHASE II, ID# 17588 1. CITY'S PROPERTY. The CITY owns a certain tract of land in Miami -Dade County, Florida, which is legally described in Exhibit "A" attached hereto and made a part hereof, hereinafter, sometimes described as the "CITY'S property ". The CITY has requested that the DEPARTMENT render water and sewer service to the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees that any right to connect the CITY'S property to the COUNTY'S sewer system is subject to the terms, covenants and conditions set forth in the Settlement Agreement between the Florida Department of Environmental Protection, hereinafter, designated as the "DEP and the COUNTY dated July 27, 1993, the First Amendment to Settlement Agreement between DEP and the COUNTY dated December 21, 1995, the First Partial Consent Decree and the Second and Final Partial Consent Decree United States of America Environmental Protection Agency vs. Metropolitan Dade County (Case Number 93- 1109 CIV- Moreno), as currently in effect or as amended or modified in future agreements and all other current, subsequent or future agreements, court orders, judgments, consent orders, consent decrees and the like entered into between the COUNTY and the United States, State of Florida and /or any other governmental entity, and all other current, subsequent or future enforcement and regulatory actions and proceedings. Page 3 of 22 MURRAY PARK- PRASE il, ID# 17688 3. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNT( will provide an adequate domestic water supply for the CITY'S property and will receive and dispose of sanitary sewage from the CITY'S property. The CITY shall pay water and sewer connection charges for all those units to be constructed on the CITY'S property. The connection charges are based on the average daily gallons for the various building units and /or use as shown on 'Exhibit "B" attached :hereto and made a part hereof, multiplied by the applicable rates established by the COUNTY. The CITY intends to construct ten thousand six hundred thirty -nine (10,639) square feet of fitness space, three thousand four hundred four (3,404) square feet of office space, eight hundred sixty -eight (86'8) square feet of mini- storage space, a sixty (60) seat banquet hall, and one hundred forty (140) square feet of kitchen space. Therefore, the agreed average daily gallonage is :four thousand five hundred ninety. -eight (4,598) gallons, resulting in combined water and connection charges in the amount of thirty -two thousand one hundred forty -two Tars and seventy -five cents ($32,142.75) However, water and sewer connection arges shall be calculated at the rates in effect at the time of actual connection to the )UNTY'S water and sewer systems and shall be paid by the CITY prior to the :PARTMENT'S installation of a water meter and /or the rendition of sewer service to the TY'S property. The DEPARTMENT'S current connection charge rates are one dollar d thirty -nine cents ($1.39) and five dollars and sixty cents ($5.60) per gallon per day for iter and sewer, respectively. The water and sewer connection charge rates are subject revision at any time. MURRAY PARK- PHASE II, ID# 17688 4. OTHER USES OIL THE PROPERTY. If the CITY intends to construct building units and /or uses on the CITY'S property for which the total average daily gallonage as calculated by using Exhibit "B" attached hereto will increase the total average daily gallonage specified hereinabove, additional capacity will be required. Therefore, connection charges, computed at prevailing rates; capacity allocation, if available, and construction connection charges, if any, shall be increased accordingly by an addendum to this Agreement. if applicable, the CITY shall provide the COUNTY a list of all tenants prior to the installation of any domestic water meters by the COUNTY for the CITY'S property. 5. POINTS OF CONNECTION. The COUNTY owns and operates a twelve (12) inch water main located at S.W. 68 Street and Commerce Lane, from which the CITY shall install and connect a twelve (12) inch water main, westerly in S.W. 68 Street approximately three hundred fifty (350) feet, thence install and connect a twelve (12) inch water main, northerly to S.W. 66 Street and to be interconnected to the existing six (6) inch water main in S.W. 66 Street. Any other future construction within the park will require a twelve (12) inch water main extension, from the proposed twelve (12) inch water main to be located within the park to S.W. 58 Place. Any proposed water main extensions within the CITY'S property, shall be twelve (12) inches minimum in diameter with two (2) points of connection. The COUNTY also owns and operates an eight (8) inch gravity sewer main located at S.W. 68 Street and S.W. 58 Place abutting the southern and western boundaries, respectively of the CITY'S property, from which the CITY shall connect the Page 5 of 22 MURRAY PARK - PHASE II, ID# 17688 CITY'S property, provided that there is sufficient depth and that there are no obstacles which would preclude construction of the sewer. Any proposed gravity sewer main extensions within the CITY'S property shall be eight (8) inches minimum. Other points of connection may be established subject to approval of the DEPARTMENT. 6. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost and expense shall cause to be designed, constructed and installed all of the necessary water and sewer facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines, service connections, service lines, shutoffs, meter boxes, air release valves, gravity sewer laterals, manholes, and all appurtenances thereto for a complete installation. The final design and construction of the facilities shall meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water and sewer service; shall be in accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard Specifications and Details "; and shall be subject to approval by the DEPARTMENT. 7. INSPECTION. The design and construction of facilities to be owned by the COUNTY shall conform to the COUNTY standards and regulations. The COUNTY shall have the right but not the obligation to make engineering inspections of all the construction work performed by the CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute Page 6 of 22 MURRAY PARK -PHASE 11, 1D# 17688 any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for the quality and condition of materials and workmanship. 8. TESTS. During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum of twenty -four (24) hours in advance of the tests. 9. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule construction meetings' with the CITY'S representatives (Engineer, Project Manager, Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty -four (24) hours notice. 10. APPROVALS AND PERMITS. The CITY shall. be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all facilities contemplated in this Agreement. Page 7 of 22 MURRAY PARK-PHASE II, ID# 17688 11. COUNTY AS PERMITTEE. Certain federal, state and county agencies, including but not limited to the State of Florida Department of Transportation, the South Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the CITY'S contractor will actually perform the work, pursuant to such permits to the extent, and as provided by Florida Statue Section 768.28 to insure that the COUNTY will incur no costs or liability as a result of being named permittee on such permits, the CITY shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by the CITY pursuant to such permits. The security shall be furnished prior to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate for the permit work. The CITY shall have sixty (60) days to resolve any claims by a permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The CITY shall be liable for all costs in excess of the security. 12. WATER SERVICE LINES. Any water service lines two (2) inches in diameter or less that are required for the CITY'S property which will be directly connected to existing mains owned by the COUNTY, shall be installed by COUNTY personnel only. The CITY hereby agrees to pay to the COUNTY its standard water service Fine installation charge, permit fees and service fees prior to any such installation. Page 8 of 22 MURRAY PARK- PHASE II, ID# 17688 13. OWNERSHIP OF WATER METER. The COUNTY shall provide, own and install the required water meter at its own expense as a part of any water service installation. Ownership by the COUNTY shall terminate at the outlet side of each water meter. 14. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions set forth herein, water and sewer service to be rendered by the COUNTY is subject to the following: a. issuance of a valid operation permit by the ` State of Florida for the COUNTY'S sewage treatment facility serving the CITY'S property which allows additional connections, b. sufficient available capacity in the COUNTY'S sewage system and connection approval, as specified in paragraph two (2) herein, C. available water by the COUNTY. However, in no event will the COUNTY be obligated to supply any more water or sewage treatment capacity in any one year than is called for by the building connection schedule attached hereto and made a part hereof as Exhibit "C ". Any variation from said connection schedule which results in increased yearly demand on the water resources or ,sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit "C" shall be subject to the written approval and consent of the DEPARTMENT and shall be dependent on the availability of the water resource and the various restrictions iplaced on the supply of water or the disposal of sewage by local, state and federal Page 9 of 22 MURRAY PARK -PHASE II, ID# 17688 government agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If the CITY does not utilize the yearly amount of water or sewage treatment facility allocation specified in Exhibit "C", said amount will be available to the CITY in the next calendar year subject to the limitations and provisions specified herein. 15. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional water supply, production and transmission facilities and regional sanitary sewer system, once the CITY is granted necessary sewer allocation, as specified in paragraph two (2) hereinabove. However, it is mutually agreed and understood by the COUNTY and the CITY that the allocation of capacity by the COUNTY does not guarantee the ability of the COUNTY to supply water for the CITY'S property or the ability to receive and dispose of sewage originating from the CITY'S property. Capacity allocation s subject to local, state and federal agencies and other regulatory bodies having urisdiction. In connection therewith, the CITY agrees that the COUNTY shall not be liable )r in any way responsible for any costs, claims or losses incurred by the CITY as a result of ctions by regulatory bodies, which are related to capacity allocation. 16. FACILITIES EASEMENTS. If the facilities contemplated herein or any portion thereof are installed within private property outside of public right -of -way, the facilities shall be installed in the center of a twelve (12) foot wide easement for water facilities and fifteen (15) foot wide easement for sewer facilities. If the facilities are not located in platted easements, then easements shall be granted to the COUNTY by the Page 10 of 22 MURRAY PARK -PHASE II; ID# 17688 CITY prior to the COUNTY'S installation of a water meter and/or the rendition of sewer service to the CITY'S property. 17. CONNECTION /FRONTAGE BY OTHERS. Parties other than the CITY who own property, other than the CITY'S property, which has frontage to any water main installed outside of the CITY'S property pursuant to this Agreement, may apply to the COUNTY for connections to said water main. If said parties actually connect, the COUNT`( will impose a construction connection charge equal to thirty dollars ($30.00) for the twelve (12) inch water main, multiplied by the front foot length of the connecting property which fronts the water main as measured along the route of the main. The COUNTY will also impose construction connection charges on such other parties if said water main is required, in accordance with guidelines and criteria established by the DEPARTMENT, in order to provide adequate service for the fronting property. Said construction connection charges will not be required or collected from other parties for single family, residences occupied or under construction prior to the date of this Agreement. The COUNTY shall repay said construction connection charges to the CITY within ninety (90) days of receipt of same. However, the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the absolute bill of sale for the water main facilities constructed by the CITY. Per annum simple interest as established and authorized by Section 687.01, Florida Statutes will accrue on all construction connection charges from the date of the absolute bill of sale for the water main facilities constructed by the CITY to Page 11 of 22 .,,.. ,. MURRAY PARK -PHASE II, 1D# 17688 the date of payment by the connecting party. The interest rate used shall be the rate established by Section 687.01, Florida Statutes at the time of payment by the connecting party. It shall be the CITY'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) year period. 18. CONVEYANCE OF TITLE. _Conveyance of all easements title shall be by separate instruments in recordable form as approved by the COUNTY and shall be accompanied by a written opinion of title by an attorney licensed to practice law in the State of Florida which states that the CITY is the owner of the property interest to be conveyed, subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY. The opinion shall also state that upon execution by the CITY, a valid and enforceable easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. The details for all conveyances are specified hereinabove. Failure of the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the CITY'S property. 19. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water and sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents, which may include bills of sales, releases of liens and grants of easements for execution by the CITY. The properly executed documents shall be delivered to and accepted by the COUNTY prior to the rendition of water and sewer service by the COUNTY. The CITY shall pay for all recording fees and for all Page 12 of 22 MURRAY PARK -PHASE II, ID# 17688 documentary stamps. These conveyances shall be accompanied by copies, of paid bills and /or lien waivers, releases, or satisfactions from all persons who performed work on CITY'S property and all persons who incorporate materials into the property, together with a breakdown of the actual cost of said facilities. Concurrently, the CITY shall furnish the COUNTY with one (1) set of mylar as- built drawings showing specific, locations and depths among other things, of all facilities as located by a licensed surveyor, along with four (4) prints of the as -built drawings which have been sealed by a surveyor and certified by the engineer of record. Approval by the COUNTY of all required conveyance documents, drawings and survey specified herein shall constitute final acceptance by the COUNTY of said facilities. After final acceptance, the facilities shall remain at all times the sole, complete, and exclusive property of the COUNTY and under the exclusive control and operation of the COUNTY. 20. WARRANTY AND MAINTENANCE BOND, The CITY warrants that the water and sewer facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance by the COUNTY. Simultaneously with the conveyance of the water and sewer facilities, the CITY shall deliver to the COUNTY an executed maintenance bond, which guarantees the warranty. If it becomes necessary to repair and /or replace any of the facilities during the ,initial one (1) year period, then the warranty as to those items repaired and /or replaced !shall continue to remain in effect for an additional period of one (1) year from the date of final acceptance by the COUNTY of those repairs and /or replacement. Page 13 of 22 MURRAY PARK -PHASE II, ID# 17688 The bond shall be in the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows: Types of Facilities Water mains Percentage of Actual Construction Cost 25 Gravity sewer (laterals) _ 50 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida. A surety company must have a Best's Key Rating Guide General Policyholder's Rating of "A° or better and a Financial Category of Class "V" or better or be acceptable to the COUNTY. The attorney -in -fact or other officer who signs a bond must file with such bonds a certified copy of his power -of- attorney authorizing him to do so. The Maintenance Bond may be written with the CITY'S contractor as "Principal" and the CITY and the COUNTY as "Co- obligees" or the COUNTY as sole "Obligee". In the alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee ". The Maintenance Bond shall remain in force for one (1) year following the date of final acceptance by the COUNTY of the work done pursuant to this Agreement to protect the COUNTY against losses resulting from any and all defects in materials or improper performance of work. If there is no building construction underway within the CITY'S property at the time of conveyance, the COUNTY shall have the right to require that the term of the Maintenance Bond be extended for a period not to exceed an additional two (2) years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such defects which are discovered within the warranty period or periods as set forth above, Page 14 of 22 MURRAY PARK - PHASE II, !D# 17688 failing which the COUNTY shall make such repairs and /or replacements of defective work and /or materials and the CITY and /or its Surety shall be liable to the COUNTY for all costs arising therefrom. The CITY also warrants that it shall be solely responsible for the repair of any damages to said facilities, caused by persons in its employment. 21. TERMS OF AGREEMENT. Both the CITY and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the CITY fails to comply with any of the following conditions, where applicable: a. After execution of this Agreement, work on the CITY'S property shall commence within one hundred eighty (180) days from the execution date. Work shall be considered to have commenced when a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the water and sewer facilities throughout the day on each full working day, weather permitting, b. Once the CITY commences construction on the CITY'S property, building construction cannot be suspended, abandoned, or not in active progress for a period exceeding one hundred eighty (180) days. 22. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents, partners; principals contractors and/or subcontractors and instrumentalities to the extent, and as provided by Florida Statue Page 15 of 22 MURRAY PART( -PHASE 11, ID# 17688 Section 763.28 from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners principals, contractors and /or subcontractors. The CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided. 23. FORCE MAJEURE. Should either party be prevented from performing any ob',ligations herein, including but not limited to water and sewer service, due to or resulting from a force majeure or inevitable accident or occurrence, such party shalt be excused from performance. As used herein, force majeure shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the either party and shall include but not be limited to strikes, lockouts, Page 16 of 22 MURRAY PARK - PHASE 11, ID# 17688 other industrial disturbances, wars, blockades, acts of public enemies, insurrections, riots, federal, state, county and local governmental restraints and restrictions, military action, civil disturbances, explosions, conditions in federal, state, county and local permits, bid protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground conditions and cave - ins, -or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 24. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the prevailing service charges for water supply and fire 'protection, sewage collection and disposal within the CITY'S property as may be applicable until the responsibility for payment of said charges is properly transferred in accordance with the COUNTY'S regulations. 25. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water and sewer facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 26. OPINION OF TITLE. With the execution of this Agreement, the CITY at its own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property, issued by a qualified attorney, licensed to practice law in the State of Florida, which states that the CITY owns fee simple title to the property referred to herein. Page 17 of 22 MURRAY PARK -PHASE II, ID# 17688 27. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests must be performed. It is the responsibility of the CITY to comply with all such requirements and to obtain all necessary approvals. In addition, the use of floating meters for construction purposes is subject to State of Florida requirements and approval by the COUNTY. The CITY may request approval for the use of floating meters prior to actual conveyance of title to the facilities to the COUNTY. However, the COUNTY may be required to execute documents to the Miami -Dade County Department of Environmental Resources Management or State of Florida Department of Health, which state that the COUNTY has accepted title to the facilities. if the COUNTY is required to execute such documents, the CITY agrees to indemnify and hold the COUNTY harmless from and against all claims, actions, judgments, damages, loss, cost and expense including reasonable attorney's fees which may be incurred by the COUNTY in connection with the rendition of water service through the facilities constructed and installed by the CITY prior to conveyance of title to the COUNTY, including but not limited to those which result from failure to properly maintain and repair the water facilities to the extent, and as provided by Florida Statue Section 768.28. 28. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal service commitment provided for in this Agreement shall be transferred, assigned or otherwise conveyed to any other party without the express `written consent of the Director of the DEPARTMENT or his designee except as noted below. The consent of the Page 18 of 22 _� MURRAY PARK -PHASE 11, 1D# 17688 DEPARTMENT shall not be required in connection with the sale, lease or other conveyance of property or any residential units or commercial establishments to any party who will be the ultimate user of the property, including but not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent of the DEPARTMENT for assignments or transfers of any water and sewage disposal capacity allocation to any party who holds such property as an investment for resale or who intends to develop for sale a portion of the CITY'S property, so that the COUNTY can adequately determine the demand for water and sewage disposal capacity and plan for the fair and equitable allocation of water and sewage disposal capacity among the residents of Miami -Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. 29. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations, whether oral or written, between the CITY and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the CITY and the COUNTY. 30. NOTICE. All notices given pursuant to this Agreement shall be mailed by United States Postal Service registered or certified mail to the parties at the addresses specified on page two (2) of this Agreement or addresses otherwise properly furnished. Page 19 of 22 MURRAY PARK - PHASE II, ID# 17688 31. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions herein contained. The CITY shall pay all recording fees. Page 20 of 22 MURRAY PARK-PHASE 61, 1D# 17688 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials as of the day and year above written. WITNESSETH: MIAMI -DADE COUNTY signature By: print name Tomas R. Goicouria Utilities Development Division Miami -Dade Water and Sewer Department signature print name STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this day of , 2001, by Tomas R. Goicouria, Chief, Utilities Development Division of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public Page 21 of 22 MURRAY PARK -PHASE 11, ID# 17688 WITNESSETH: THE CITY OF SOUTH MIAMI, A FLORIDA MUNICIPALITY Signature By: (SEAL) print name print name Signature print name STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this day of 2001, by R CITY'S Representative, who is personally known to me or and has /hasn't produced as identification and did /did not take an oath. I Notary Public Serial Number print name i Approved for Sufficiency of Execution Only: Assistant County Attorney Page 22 of 22 MURRAY PARK -PHASE Ii, ID# 17688 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI LEGAL DESCRIPTION - LOT 1, LESS THE NORTH 5 FEET AND LOT 10 LESS THE WEST 5 FEET AND LOTS 11 THRU 18, INCLUSIVE, ALL IN BLOCK 1, TOGETHER WITH LOTS 1 THRU 8, INCLUSIVE AND LOT 9, LESS THE WEST 5 FEET AND LOT 10, LESS THE WEST 5 FEET AND LESS THE SOUTH 5 FEET THEREOF, AND LOTS 11 THRU 18, INCLUSIVE, LESS THE SOUTH 5 FEET THEREOF, ALL IN BLOCK 8, AND THE 40 FEET WIDE ROAD - ADJACENT TO BLOCK 1 AND BLOCK 8, TOWNSITE OF LARKINS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 105 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA "A ". 1 of 1 J x n 3 a e a J e S.W. 68 ST. A PERTI ❑N OF THE S.W. 1/4, N.E. 114, SEC. 25 TWP 54 S. REGE 40 E. 13 S.V 66 ST. 1 2 W OD Ln TR C 3 Q V1 0] N I I 3 Vi J x n 3 a e a J e S.W. 68 ST. A PERTI ❑N OF THE S.W. 1/4, N.E. 114, SEC. 25 TWP 54 S. REGE 40 E. 13 MURRAY PARK- PRASE 11, ID# 17688 EXHIBIT teB" OF AGREEMENT BETWEEN MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY TYPES OF LAND USES GALLONS PER DAY Adult Congregate Living Unit / Residential Type Institution or Facility - 100 gpd /person (Not a Nursing Home or Convalescent Home) Airport 5 gpd /passenger Pius 10 gpd /employee Apartment 200 gpd /unit Banquet Hall 25 gpd /seat Barber Shop 10 gpd /100 sq. ft. Bar and Cocktail Lounge 15 gpd /seat (stool) Beauty Shop 75 gpd /chair Bowling Alley 100 gpd /lane Camper or R.V. Trailer Park 150 gpd /space Car Wash a) Recycling -Type 750 gpd /bay b) Hand -Type 3,500 gpd /bay Coin Laundry 225 gpd /washer Country Club 25 gpd /member Dental Office 250 gpd /dentist Pius 200 gpd /wet chair Duplex or Twin Home Residence 250 gpd /unit Factory a) With showers 20 gpd /100 sq. ft. b) Without showers 10 gpd /100 sq. ft. Food Preparation Outlet (350 gpd minimum) (Bakeries, Meat Markets, Commissaries, etc.) 50 gpd /100 sq. ft. Funeral Home Gas Station'/ Convenience Store /Mini -Mart Health Spa or Gym Hospital Hotel or Motel "B" 1 of 2 10 gpd /100 sq. ft. 450 gpd /unit 35 gpd /100 sq. ft. 250 gpd /bed 100 gpd /room K MURRAY PART( -PHASE 11, ID# 17688 EXHIBIT "C " OF AGREEMENT BETWEEN MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI BUILDING CONNECTION SCHEDULE TYPE AND NUMBER OF UNITS GALLONAGE COMPLETION OF (gpd) BUILDING CONNECTION 10,638 sq -ft of fitness space 3724 2001 —2002 3,404 sq -ft of office space 340 2001 —2002 868 sq -ft of mini storage space 4 2001 2002 60 seat banquet hall 180 2001 —2002 140 sq -ft of kitchen space 350 2001 —2002 "C " 1 of 1 Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor and City Commission From: Charles Scurr City Manager eiaolo REQUEST MEMORANDUM Date: October 16, 2001 Re: Agenda Item Supporting House Bill 113 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE FLORIDA LEGISLATURE TO PASS HOUSE BILL 113 DURING THE JANUARY 2002 LEGISLATIVE SESSION; PROVIDING AN EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina urges the Florida Legislature to pass House Bill 113 during the January 2002 Legislative Session. This Bill would prohibit the use of wood products treated with chromated cooper arsenate in publicly funded playground equipment; provide for enforcement on state lands by the Department of Environmental Protection; require the Department of Education to provide notice to an develop guidelines for school districts regarding the sealing of wood treated with chromated cooper arsenate prohibit state agencies from purchasing wood treated with chromated cooper arsenate; provide grants for conservation of wood treating companies to operations using preservations that do not contain arsenic; and specify persons who must provide notice to consumers of wood or wood products containing chromated cooper arsenate. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING THE 5 FLORIDA LEGISLATURE TO PASS HOUSE BILL 113 DURING 6 THE JANUARY 2002 LEGISLATIVE SESSION; PROVIDING 7 AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and City Commission of the City of South Miami 10 is aware that there is a substantial issue concerning the use of lumber containing 11 arsenic compounds, known in Florida as CCA treated wood, which is used in the 12 construction of children's playgrounds; and 13 14 WHEREAS, the danger from wood treated with chromated cooper arsenate 15 (CAA) has been known for years; and 16 17 WHEREAS, researchers at the University of Florida and the University of 18 Miami discovered two years ago that arsenic is getting into the ground all over 19 Florida, sometimes reaching amounts far higher than the state allows in industrial 20 cleanup sites; and 21 22 WHEREAS, House Bill 113 would prohibit the use of wood products 23 treated with chromated cooper arsenate in publicly funded playground equipment; 24 provide for .enforcement on state lands by the Department of Environmental 25 Protection; require the Department of Education to provide notice to an develop 26 guidelines for school districts regarding the sealing of wood treated with 27 chromated cooper arsenate; prohibit state agencies from purchasing wood treated 28 with chromated cooper arsenate; provide grants for conservation of wood treating 29 companies to operations using preservations that do not contain arsenic; and 30 specify persons who must provide notice to consumers of wood or wood products 31 containing chromated cooper _arsenate; and 32 33 WHEREAS, the Mayor and City Commission supports House Bill 113 and 34 urge the Florida Legislature to pass it during the January 2002 Legislative Session. 35 36 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 38 39 Section 1. That the City Commission hereby supports the passage of 40 House Bill 113. 41 Additions shown by underlining and deletions shown by ever-Arikiag I Section 2. The City Clerk is hereby directed to provide a copy of this 2 resolution to the Miami -Dade County Delegation and Miami -Dade League of 3 Cities, Inc. 4 5 Section 3. This resolution shall take effect immediately upon approval. 6 7 PASSED AND ADOPTED this day of , 2001. 8 9 ATTEST: APPROVED: 10 11 12 CITY CLERK MAYOR 13 14 Commission Vote: 15 READ AND APPROVED AS TO FORM: Mayor Robaina: 16. Vice Mayor Feliu: 17 Commissioner Wiscombe: 18 CITY ATTORNEY Commissioner Bethel: 19 Commissioner Russell: 20 Page 2 of 2 ORO) Florida House of Representatives Representative Larry Crow District 49 Reply to: Committees: ❑ 2432 Bayshore Boulevard Judicial Oversight, Chair Dunedin, Florida 34698 House Reapportionment, Co -Chair (727)298 -1674 Fiscal Responsihility Council ❑ 402 South Monroe .Street Procedural & Redistricting Council 313 House Office Building Council for Smarter Government Tallahassee, Florida 32399 -1300 Joint Legislative Committee on Article V (850) 488 -9240 October 2, 2001 Mayor Julio Robaina 6130 Sunset Dr. South Miami, FL 33143 RE: House Bill 113 Dear Mayor Robaina: I am writing this letter to you and all mayors in the State of Florida concerning the above referenced bill. As chairman of the Judiciary Committee in Tallahassee which has jurisdiction over children and family law, I became aware last year that there is a substantial issue concerning the use of lumber containing arsenic compounds, known in Florida as CCA treated wood. As you know, many of our children's playgrounds are constructed of this material and we have now found out that the arsenic in: the wood leaches out in the soil over the years and creates vastly increased toxic levels of arsenic in the soil. As a father of two young children who enjoy playing on playgrounds, I was immediately concerned in that I know that children play in the dirt, eat the dirt, get dirt in their ears , eyes, noses etc. As such, I believe that we need to remedy the prospective problem now. I have proposed the above referenced bill which would prospectively ban the use of CCA materials in publicly funded pla grounds, provide a consumer notification' concerning CCA treated wood, and also provide an appropriation o assist the industry to switch to non CCA treating methods and sealing and money to help the school boards seal any existing playgrounds. I know that your municipals may be facing this problem and hereb elicit your support. It is not until we have a clear statement from the State of Florida concernin Florida's Fos, ±ion. on this wood. that it will be brought to the forefront with consumers. Therefore it is critically import that we act on this bill now and I need your help in this regard. I have enclosed herewith the coy of the bill, along with several newspaper articles which basically frame the debate. I would ask that if you believe in this bit to be reasonable that you bring it up in front of your local city commission and consider a resolution in support of same. This resolution could then be given to your local legislative delegation so that they know there is grass root's support for this idea in Tallahassee these actions will greatly enhance my chances of passing the bill in January. Thank you very much for your consideration of this matter and please do not hesitate to call me if I may be of further assistance on this matter. Very truly yours, ,,� q &,,� Chairman Judicial Oversight Committee 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 31 568- 187 -02 A bill to be enti led An act relating to treated w43d, prohibiting use of wood products trea ith chromated copper arsenate in pub funded playground equipment; providing nitions; providing applicability; pro ng for enforcement on state lands by epartment of Environmental Protection; req ing the Department of Education to provide notice to and develop guidelines for school districts regarding the sealing of wood treated with chromated copper arsenate; prohibiting state agencies from purchasing wood treated with chromated copper arsenate; providing exceptions; providing for grants for conversion of wood treating companies to operations using preservatives :that do not contain arsenic; specifying persons who must provide notice to consumers of wood or wood products containing chromated copper arsenate; providing contents of such notice; providing a penalty for failure to provide notice; providing appropriations; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. The use of any wood product containing chromated copper arsenate is prohibited in the construction of any playground equipment, and for use as decorative mulch or aroundcover associated with Dlavaround'eauipmentt for which ublic funds are 'used. 1 CODING: Words stricken are deletions; words underlined are additions. Wiz.•.'`" ,..9�, ..S � ..F' .. 4... 't5e,. -,r ..e ... ., � s ,m, •! art 668 - 187 -02 r 1 (1) For purposes of this section, "playground 2 equipment" means swings, slides, climbing egu3pment, 3 merry -go- rounds, seesaws, spring rockers, trampolines, and 4 other - similar equipment intended for use primarily by children 5 and includes stairways, ramps, ladders, handrails, platforms, 6 guardrails and protective barriers that support, provide 7'' access to or act as safety barriers for such equipment. The 8 term does not include buildings, docks, picnic tables, and 9 other associated structures which may be located near 10, playgrounds or adiacent recreation areas 11 (2) For Durvoses of this section, the term "public 12 funds" means funds Provided.bv the state, a county, a 13 municipality, a school district. or a sbecial district, or an 14' agency of any of them. The germ does not include funds 15 provided by the 'Federal Government 16 _(3) This section',applies only to construction of new 17 playground equipment and new placement of decorative mulch or 18 groundcover. It'does not apply to maintenance or modification 19 of equipment which was in place prior to October 1 2002 nor 20 does it apply to any construction which was begun, or for - 21 which contracts have been signed', prior to October 1 2002 22 (4) Notwith tandind the provisions of subsections (1) 23 and (2), the Department of Environmental Protection shall not 24 have the authority to enforce the provisions of this section 25 unless the Plavground eauipment'is constructed or the 26 decorative mulch or groundcover'is used, on state land. 27 Section 2.11) The' Department of Education 'shall give 28 annual notice to school' districts that wood which is likely to 29 come in contact with children, and which is treated with 30 chromated copper arsenate, must be sealed every 2 years with a 31 nontoxic sealant. The d'enartment ahal,t nnnaitl t with the wonA •568 - 187 -02 1 treating industry, the Department of Health, and the 2 Department of Environmental Protection to develop ciuidelines 3 on effective types of sealants and their application. 4 (2) The department is authorized to provide grants to 5 school districts and charter schools to helti offset the costs 6 of sealing.playground equipment made with wood treated with 7 chromated copper arsenate as provided in subsection (1). 8 Section 3. 11) No state agency may purchase wood 9 treated with chromated copper arsenate unless it can be shown 10 that there are no arsenic -free treated wood products 11 commercially available for a` particular use, such as pilincrs 12 used in submerged applications, or that chemicals used in the 13 arsenic -free product pose an environmental threat to acruatic, 14 wetland, or other sensitive ecosystems 15 _(2) The Department of Environmental Protection is 16 authorized to provide grants to private companies that treat 17 wood with chromated'copper arsenate, to be used to convert 18 operations to treat wood with a preservative that does not 19 contain arsenic. The grants may be used to offset the costs 20 associated with the conversion, including removal of 21 arsenic- containing wood preservatives and treatment residuals 22 ecmipment cleaning or modifications, and labor costs 23 Section 4. 11) The following persons must provide 24 notice regarding the use of wood treated with chromated copper 25 arsenate: 26 (a) A retailer of wood treated with chromated copper 27 arsenate, or a product containing wood treated with chromated 28 copper arsenate, must provide each noncommercial purchaser of 29 treated wood with the notice specified in subsection (2) 30 Tb_) A contractor or subcontractor encracred to construct 31 an improvement to a residential' structure which will contain 3 CODING: Words stricken are deletions; words underlined are additions.' 568- 187 -02 r. 1 1 wood treated with arsenic inor anic arsenic or an arsenic 2 conner combination such as chromated copper arsenate wood 3 preservative, or a product containincr wood treated with any of 4 these substances must rovide the owner of the structure and 5 the resident if different with the notice s ecified in 6 subsection (2) 7 The notice required by this section shall include 8 the information ,id- lines developed by the United States 9 Environmental Protection A enc for 10 treated with chromated consumer urchases of wood co er arsenate as well as lan'ua e 11 which prominently states: nu ent Notice. This wood is treated 12 with arsenic. If children are expected ;to come into contact 13 with this 'wood you .must seal this wood with a nontoxic 14 sealant at least once ever 2` ears. 15 3 A person who is obligated to provide this notice 16 and who fails to An an shall refund to the Purchaser the full 17 cost of the treated wood or wood roduct. 18 Section 5. There is hereby appropriated from the 19 General Revenue Fund to the Department of Education the sum of 20 $250,000 for fiscal year 2002 -2003 to,rovide grants to public 21 school districts and charter schools to hpin offset the costs 22 of sealing round -ecruirment made with wood treated with 23 chromated copper arsenate 24 Section 6 There is hereby appropriated from the 25 General Revenue Fund to he De artment of Environmental 26 Protection the sum of $250,000 for fiscal year 2002-2003 to 27 provide grants to private companies which treat wood with 28 chromated copper arsenate, to be used to convert operations to 29 treat wood with a reservative that does not contain arsenic 30 Section 7. This act shall take effect July 1, 2002. ` 31 4 CODING: Words stricken are deletions; words underlined are additions. 568 - 187 -02 2 HOUSE SUMMARY 3 4 Prohibits use of wood products treated with chromated 5 copper arsenate in publicly funded playground equipment, 6 and associated groundcovers, constructed or contracted 7 for on or after October 1, 2002. Provides for enforcement 8 on state lands by the Department of Environmental 9 Protection. Requires the Department of Education to 10 annually notify school districts that a nontoxic sealant 11 must be applied every 2 years to any such treated wood 12 that is likely to come into contact with children. 13 Provides for development of sealant application 14 guidelines by the Department of Education, in 15 consultation with the wood treating industry and the 16 Departments of Health and Environmental Protection. 17 Provides for grants to schools to offset the cost of 18 sealing playground equipment. Prohibits state agencies 19 from purchasing such treated wood for most applications, 20 and specifies exceptions. Provides for grants for 21 conversion of wood treating companies using chromated 22 copper arsenate to use of preservatives that do not 23 contain arsenic. Requires retailers and contractors to 24 provide notice to certain consumers of wood or wood 25 products containing chromated copper arsenate. Provides 26 for refunds yvhen such notice is not provided. Provides 27 appropriations. 28 29 30 31 5 CODING: Words stricken are deletions; words underlined are additions. i THE NEWS jotjRNAL Thursday, March 29, 2001. Arsenic and young lace bad mix on playgrounds rsenic is a dangerous play. mate for children. EDITORIALS Yet children all over the state are using arsenic - laced play. 'Consumers aren't getting the h m. d equipment that may poison message. Many Users Wood pressure - treated with arsenic around the state — including has been used for years to construct park Systems in this area — playgrounds, usually with little thought about the potentially deadly seem to believe, wrongly, effect on children who touch it or the that only extended contact ground it's on. Florida has even been with CCA'- treated wood is making its own Pressure-treated "lum- ber at a plant in Raiford, southwest of dangerous. Jacksonville, widely using it in state parks, for highway guardrails and Othe r applications. The wood is val- sonville, Tarpon Springs and Tampa ued for its resistance to moisture, ter. all have turned up amounts of arse- mites and fungi. But that use comes nic far above safe levels. with an unacceptable risk. As a result of recent publicity he danger from wood treated about the danger, Port Orange offi. with CCA — chromated copper arse. cials have conducted soil tests at the nate — has been known for years. All Children's Playground on Spruce The Environmental Protection Agen- Creek Road and are awaiting results. cy considered banning CCA- treated Other area cities have not been so wood nearly two decades ago, but in- quick to respond. stpad allowed the lumber industry to To, begin to reduce the risk, Gov. conduct a voluntary consumer Jeb Bush already has ordered" the awareness' program. Users are sup- state's wood- treatment plant to posed to be warned to wear dust switch to other preservatives. But masks while they're sanding or saw. the only real solution is for the EPA g it, and to wash their clothing and to finally step in and follow the lead hands after handling it. of many other countries that already :Like with many industry- support- have banned CCA- treated wood. ed voluntary ' compliance efforts — Until that happens, Volusia and consumers aren't getting the mes. Flagler officials ought to survey the sage. Many users around the state — soils wherever ithe contaminated including park systems in this area wood has been used, particularly in seem to believe only extended con- playgrounds and picnic areas. Sim- t*t with CCA- treated wood is dan. ply replacing the old wood equip I gerous. -And they apparently ;don't ment with new, as the Volusia school know the Consumer Product Safety district has been doing, doesn't get Commission long ago warned that rid of ,what already may be in the sealants . don't' keep arsenic from soil. Officials in both counties also leaching to the surface of the wood should be warning ! residents about 1 and into the ground. decks, playground equipment, fences In reality, researchers at the Uni- and improvements they have con - versity of Florida and the University structed themselves! Some, especial- of Miami discovered two years ago ly parents with small children, may that arsenic is getting into the want to have their" own property ground all over Florida, sometimes tested. reaching amounts far higher, than The danger from CCA- treated the state allows in industrial cleanup wood already has been allowed to sites. More recent playground and lurk near children far too long. It's park soil tests in Gainesville, ,Jack nothing to play with. States Touching treated wood may pose risk Page I of 5 V A __b At- ► 0 N L N ESTATE •I `. a 200: the Year In FtoVieW =/ 1 E'mait this story paint this Story sptimes,com : Special I.Ir�k Text -only Lucy Morgan � Touching treated wood may d Y pose risk See �! Normal contact with the wood used for where the Playgrounds can give kids unacceptable lightning doses of arsenic, an expert hired by the strikes are. �y state says. __. Filpfor the, BU y By JULIE I IAUSIRMAN to ws RttfenF'l�d • srnrs TURD . . ©St. Petersburg Times , published April 18 , 20 01 r ► TALLAHASSEE -- A scientific expert hired by the wood, state is sounding an alarm about pressure - g saying that children could get enough arsenic on their o, hands from touching treated wood playgrounds and News sections decks to pose a health risk. • Action 1, 1 from the Times Arts & The expert, University of Florida researcher Steve state desk Erittrtalnment • Bill expands AP The wire R oberts, says the state should encourage playgrounds to BUSi disabled vouchers n s5 switch to other materials, or choose wood that's treated an arsenic -free preservative. Bill would create with .citrus county dads registry Columnists • NAACP, 46 Florldian "Despite the fact that the risks can vary.... we should p rison guards Hernando county be concerned about unrestricted contact with CCA claim harassment, Letters wood," Roberts wrote in a draft report commissioned racism, retaliation Obituaries by the Florida Department of Environmental Protection. ' Touching Opinion treated wood may risk Pasco County Normal contact with the wood can give children arsenic " Po It's food, drink Sports state doses "high enough to be unacceptable from a health and injections' protection standpoint," Roberts wrote. Tampa Bay Bills place Wnrirl R, Nnfinn n ,.... Florida Bar in `` state's cross hairs t,til11cs. corn! Ncws /041800 /S talc/To tichiI1g_ treated Nvood ... _ .shtrill State: Touching treated wood -may pose risk Page 2 of 5 t1J WC 1VVLt dl U1C UQL'd, JV111G'V1 U1G 11QLQ JILb''GJLJ • t e islature 2001 there's not a problem, and some of the data suggests •1 ` =3 there is," Roberts said in an interview Tuesday. "Until Around •Ar state we have a better handle on this, it would make sense to • McKay signals some flexibility on reduce exposure." tax cuts keeps arsenic from leaching out. The state of California • Error Most pressure - treated lumber is infused with chromated underestimates copper arsenate, or CCA, a pesticide that contains arsenic risk arsenic. . Arsenic facts t"r1v and tips •1 ` =3 Roberts also suggests coating existing treated wood with a sealant, even though it's debatable whether that From the wire s(ttor keeps arsenic from leaching out. The state of California Arena Arena tm} requires that all public treated -wood playgrounds be Buccaneers eery sealed, and Minnesota is trying to pass a similar law. • Fed Devil Rays Unexpectedly. Cuts Lightning Mutiny Roberts' ndi fings could set up anew battleground Rates . Dow Jones Up Netghbarhood between state regulators and the wood- treatment 409, Nasdaq Rises -rimes industry, which says pressure- treated lumber is safe. 163 North of Tampa • China -U.S. Talks ongoing stories The findings also could affect dozens of wooden at Standstill Police report playgrounds around the state -- in parks, day care • Palestinians Say Schoois centers and schools. Israel Enters Gaza Seniority • Burundi Special reports Stocks �� said DEP Secretary David Struhs, this is "Clearly," President Removed From Web specials going to force a lot of people to re- evaluate how we Power manage the risk. The scientific work that's being done . Court Upholds t' here has raised questions all over the state -- and the N.C. District country." • AOL Revenues, Cash Earnings "As we go forward, we're not going to use any more of Rise this wood oil state parks. liventually, it will all be • Devil Rays Fire replaced. We have to figure out what we're going to do Manager Rothschild with the wood that's already out there." Roberts' study for the DEP didn't address the risk posed ter, Contact Us when children play in soil near playgrounds with treated Ali Departments wood. Instead, he was paid by the state to review other studies that estimate how much arsenic kids might be exposed to when they touch the wood. Ile reviewed studies by government agencies in California, Connecticut and Washington, D,C., and found that kids can pick up significant levels of arsenic by touching the wood. Long -term exposure to arsenic can cause cancer. But Roberts looked at the risk for other health problems that arsenic can cause, including rashes, skin lesions, neurological problems and an increased risk of http:! /�vtitrn . ptii;acs:ec�ni!?`Tc�vslt? =# 1 Est l'St <<tc /'1 mic1iIn 1t . tccl_ -wood. slit InI 1V I R,'(? I State: Touching treated wood may pose risk Page 3 of 5 cardiovascular disease. Roberts says he has heard no reports of children suffering these effects, but says his calculations show the risk is there. As part of a special report published last month, the St. Petersburg Times commissioned independent tests of playground soil near five wooden playgrounds in the Tampa Bay area. The tests revealed arsenic in every case, at levels higher than the state allows when polluters have to clean up contaminated neighborhoods. Some playgrounds around the state were shut down after tests detected arsenic in the soil. Some have reopened, even though there's no official "safe" cutoff for arsenic in playground soils. In most cases, the decision on whether to close a park has been a judgment call by local officials. And local officials face a quandary over what to do. At Al Lopez Park in Tampa, for example, officials closed the wooden playground after the Times' test'showed arsenic in the soil. The city commissioned its own tests, and found arsenic at higher levels than the Times test did. Parks director Ross rerlita decided to reopen it, saying, "We Feel there's no immediate danger at all." Now, rerlita said, news that kids might face a health risk from touching the wood adds evcn more uncertainty. "We want to do what's right," Perlita said. "The frustration is not having any one agency that represents everybody that's saying: Yes, there's a problem." In New Port Richey, where tests found arsenic in playground soil at Sims Park, parks director Rob Consalvo opted not to close the playground. The city's consultants said the risk from the arsenic in the soil was low. But no one considered arsenic exposure that may be coming when kids touch the wood. "Obviously, if it's harmftil that children put their hands on it, that'sa problem. But somebody give us something in writing. Everything we get is controversial, and nothing is scientific enough." In the Volusia County town of Deland, park .sPtiIll cMl l /NT ews /041 go] llstatc /,TM1chiIli, shtn7l --treated—wood. fI glffl State:.Touching treated wood-may pose risk Page 4 of 5 superintendent Larry Nordman told the Daytona Beach News Journal: "I think it's probably one of those things that you'd have to lay on it naked for 100 years before your exposure is too great." In fact, no studies confirm that. In Brooksville, officials decided to keep Tom Varn Park open, even though arsenic has leaked from the wood into the soil. The city posted a notice saying the wood in the playgrounds and picnic tables was treated with "a chemical preservative that should not be ingested." "Although we follow the manufacturer's recommendation of regularly resealing the lumber, the preservative may accumulate on railings and other surfaces, as well as in the ground under the equipment. As a precaution, unwrapped food should not be stored in direct contact with this pressure treated wood or on the ground. Please wasli your hands before eating, the notice advises. Discovery Playground in Tarpon Springs remains closed, as does a playground at the long Center in Clearwater. One state lawmaker, Republican Rep. Larry Crow of Palm Harbor, says he wants to settle the issue by banning CCA wood completely in playgrounds. "It was originally thought that lead paint was not a problem," Crow said. "I think, ultimately, the issue will come down to this: If our children are being exposed to an increased health risk because of arsenic, it will not be tolerated, and we're going to do something about it. 1 mean, if a child cannot be protected on a playground, where can he be? Recent coverage 'fhc poison in your hack yard (March H, 200 1) x tint :=this st ory thi® story IPast Seven Days •► Go http:! fi�����apti���cs .c��a�'I,iens!t1Il t�1'St.�ic6'Tf�t�chin irenttd wood sl tml VIS' CITY OF SOUTH MIAMI CITY MANAGER'S OFFICE TO: Mayor and City Commission DATE: 10/8/01 FROM: Charles D. Scurr 111,0 AGENDA ITEM # City Manager RE: Permit Fee Schedule REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6-92-1501,17- 92- 1512A, 10 -95 -1583, 18 -99 -1692 AND 28 -00 -1730, INCREASING SOME PERMIT FEES, ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE, PROVIDING FOR SEVERABILITY,` ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. ANALYSIS The City has traditionally charged permit fees that are lower than those fees charged by the County and other municipalities. This has imposed some budgetary constraints on the City and has unfairly taxed property owners. who cannot afford or have chosen not to improve or enlarge the;,- properties. It has provided developers with a financial advantage the cost of which then has to be shared by all property owners. The cost of plan review, inspections and permit processing has increased considerably in the past few years and it is important that the City can cover this cost through permit fees collected. The City has reviewed fees charged by Miami Dade County, Key Biscayne, Coral Gables and the Village of Pinecrest and is now recommending fee increases that will bring City fees closer to those charged by them but still lower than them in many areas. The following chart shows a comparison between their fees and the City's proposed fees in a few of the more representative items 1 REINSPECTION REVISIONS NEW CONST. MIN. FEE ALTERATIONS MIN: FEE DADE COUNTY $57.24 50 % PERMIT - $113.25 $180:90 KEY BISCAYNE $50.00 50% PERMIT $100.00 $225.00' CORAL GABLES $50.00 $35 / SHEET $ 82.00 ' $82.00 PINECREST $60.00 $500.00 $125.00 $200.00 SOUTH MIAMI $45.00 ' $15 / SHEET $60 R. $100 C. $601. $100 C. S. M. PROPOSED $50.00 $25 / SHEET $100 $100 1 FENCES SIGNS NEW CONST. ALTERATIONS DADE COUNTY $0.56 / FT. $76.71 $0.50 / SQ. FT. $0.74 / SQ. FT. KEY BISCAYNE $0.56 / FT. $100.00 $0.54 / SQ. FT. $0.79 / SQ. FT. CORAL GABLES $0.30 / FT. $2.00 / SQ. FT. $1.20/ SQ. FT. RES. $0.96 /SQ. FT. RES. PINECREST $0.78 / FT. " $102.00 '$0.72 / SQ. FT. $0.98 / SQ. FT. SOUTH MIAMI $0.30 / FT. $50.00 $0.60 / SQ. FT. $0.40 / SQ. FT. S. M. PROPOSED 1 $0.50 /FT. $75.00 $0.70 / SQ. FT. $0.75 / SQ. FT. 1 2 3 ORDINANCE NO. 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE 7 PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS 8 AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -15839 9 18 -99 -1692 AND 28 -00 -1730, INCREASING SOME PERMIT FEES, 10 ADDING NEW FEES AND DELETING SOME ` FEES FROM THE 11 SCHEDULE, PROVIDING FOR SEVERABILITY, ORDINANCES IN 12 CONFLICT, AND AN EFFECTIVE DATE. 13 - 14 WHEREAS, the City has reviewed permit fee schedules for Miami -Dade County 15 and several municipalities. 16 17 WHEREAS, the City has found that fees for the County and other municipalities 18 are higher than those fees included in the South Miami Permit Fee Schedule. 19 20 WHEREAS, the cost of plan review, inspections and permit processing has 21 increased considerably in the past few years. 22 23 WHEREAS, the Mayor and City Commission desire to adopt a new Permit Fee 24 Schedule allowing funding which will cover the cost of services provided. 25 26 NOW, THEREFORE, BE IT ORDAINED. BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI,' FLORIDA: 28 29 Section 1. That Ordinance 14 -90 -1454, as amended by Ordinances 6 -92 -1501, 30 17- 92- 1512A, 10 -95 -158, 18 -99 -1692 and 28 -00 -1730 is amended by replacing the 31 Permit Fee Schedule with the amended Permit Fee Schedule attached to this Ordinance. 32 33 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 34 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 35 shall not affect the validity of the remaining portions of this ordinance. 36 37 Section 3. All ordinances or parts of ordinances in conflict with the provisions 38 of this ordinance are repealed. 39 40 Section 5. This ordinance shall take effect immediately upon approval. 41 42 PASSED AND ADOPTED this day of 2,001. 43 Additions shown by underlining and deletions shown by eyef :s mss �. 44 45 ATTEST: APPROVED: 46 47 48 CITY CLERK MAYOR 49 50 lst Reading — 51 2nd Reading - 52 53 COMMISSION VOTE: 54 READ AND APPROVED AS TO FORM: Mayor Robaina: 55 Vice Mayor Feliu: 56 Commissioner Bethel: 57 CITY ATTORNEY Commissioner Russell: 58 Commissioner Wiscomb: 59 Additions shown by underlining and deletions shown by ^°°f g. (A)BUILDING PERMIT FEES 1. NEW CONSTRUCTION (all roofed areas) 0 to 25,000 sq. ft. per sq. ft. $9:55 $0.65 plus for 25,001 and over per sq. ft. WAS $0.50 2. NEW CONSTRUCTION, RESIDENTIAL ADDITIONS Per sq. ft. $9:45 $0.50 3. ALTERATIONS, IMPROVEMENTS AND REPAIRS TO BUILDINGS Per sq. ft. 9 $0.75 4. GENERAL REPAIRS AND OTHER WORK NOT SPECIFIED ABOVE Per sq. ft. $0.20 5. - INSTALLATION, ALTERATION OR REPAIR OF EXTERIOR WINDOWS, DOORS AND SHUTTERS Each $8:00 $9.00 6. INSTALLATION, ALTERATION OR REPAIR OF CURTAIN WALLS OR STORE FRONTS Per sq. ft. $045 $0.25 7. WOOD DECKS, WALKWAYS, SCREEN ENCLOSURES, POOL DECKS, AWNINGS, CONCRETE SLABS AND CANOPIES Per sq. ft. $0.20 8. PARKING LOTS AND DRIVEWAYS Per sq. ft. $0.15 9. ROOFING Per sq. ft. $0.10 10. FENCES, WALLS, A/C SCREENS AND RAILINGS Per linear feet $0:39 $0.50 11. PARKING LOT SEAL COATING AND STRIPING 0 to 1000 sq. ft. $-39 45 Each additional 1000 sq. ft. or fraction $5 12. SWIMMING POOLS $1 �9 125 1 13. DEMOLITION 0 to 1000 sq. ft. $75 Each additional 1 000 sq. ft. or fraction S 18 15 14. PAINTING, SANDBLASTING OR STEAM CLEANING (comwxciAL oNLY) $50 15. SIGNS, each W 75 PLUMBING PERMIT FEES 1. SANITARY SEWERS Each connection 55-5 $100 2. WATER SERVICE Each connection -S 75 Sub'- meters, each W 25 3. SANITARY SEWER COLLECTION SYSTEM INSIDE PRIVATE PROPERTY Each 501 feet, or fraction $30 Each manhole . SM 50 Sewer capping W 50 Sump pump $35 Repairs to sewer or any other waste line %0 100 4. STORM SEWER Each roof drain inlet $15 ;'-,Catch basin or area drain W $50 Soakage pit, trench or french drain 0 to 50 linear ft. W $50 Each additional 50 linear ft. or fraction 25 5. A/C CONDENSATE DRAINS per unit W 20 6. WATER PIPING Water Main 0 to 50 linear feet S5 100 Each additional, linear foot or fraction 58-5 1 7. PLUMBING FIXTURES AND ANY OTHER DEVICES INCLUDING A SUPPLY AND /OR WASTE CONNECTION Set 10 Rough $10 8. LAWN SPRINKLER SYSTEMS Sub- meters, each W $25 Sprinkler heads, each $ 1 Water supply to sprinkler S35 50 Zone Valves, each $13 20 2 9. FIRE PROTECTION Water supply to fire sprinkler system x-35 50 Fire pump or domestic pump, new or replacement w 100 Each standpipe, siamese or roof manifold w 50 Each hose rack or Fire Department outlet W 25 Each sprinkler head $1.50 10. INTERCEPTORS AND SEPARATORS Septic tanks, settling tanks, etc. 0 to 750 gallons X4-5 50 Each additional 150 gallons, or fraction 20 Drainfield relay: 0 to 100 sq. i. 50 Each additional 100 sq. ft. or fraction - W 20 11. SWIMMING POOLS Swimming pool piping V5 100 Swimming pool heaters 35 50 12. WELLS $45 75 13. TEMPORARY TOILETS $40 14'LIFT STATIONS $300 15. NATURAL GAS OR A LIQUEFIED PETROLEUM Each outlet, appliance or meter &W 15 L. P. Gas tanks $7-5 100 (C) MECHANICAL PERMIT FEES 1. AIR CONDITIONING AND REFRIGERATION (1 ton--1 HP= 12,000 BTU) Each unit, 0 to 5 tons _$75 Each additional ton or fraction 18 2. A/C CONDENSATE DRAINS 3 BE TTUA INCLUDING Tf ING A T T ' $25 ENT FIRED OBJECTS NOT E C A C SIMETI I—Ralwah KUT'e.. frae +:..w. 3. STRIP HEATERS, per unit $25 4. PAINT SPRAY BOOTHS, each x-58 200 3- .� -: ; 5. INTERNAL COMBUSTION ENGINES, each $75 6. PRESSURE PIPING $0 to $1000 $M8 60 Each additional $1000 or fraction -5 25 7. COOLING TOWER X189 200 8. MECHANICAL VENTILATION SYSTEMS $0 to $1000 W $40 Each additional $1000 or fraction W 20 9. INSULATION, F4RE PLACE, ABC DUCTS, PNEUMATIC TUBES AND CONVEYOR SYSTEMS Each $1000 or fraction $35 10. INSU A TTn,.T BOILERS AND PRESSURE VESSELS each -5 100 11. EXHAUST FANS SW 50 12. COMMERCIAL KITCHEN HOODS $150 13. FIRE SUPPRESSION SYSTEMS POOL HEATER $65 14. SMOKE CONTROL SYSTEMS, each test $150 15. STORAGE TANKS FOR FLAMMABLE LIQUIDS $150 16. SMOKE EVACUATION INSPECTION BOILERS AND PRESSURE VESSELSW Annual re- inspections 75 (D) ELECTRICAL PERMIT FEES 1. ROUGH WIRING OUTLETS 1 to 10 outlets X38 50 Each additional outlet $2 2.' SERVICES AND FEEDERS, EACH j Each 100 amps or fraction $10 Temporary for construction x-58 60 Service repair and/or meter change W $60 Temporary for testing $75 Renewal $50 4 3. SWITCHBOARDS Each 100 amps or fraction -$-S $10 4. EQUIPMENT, MACHINE OR SPECIAL PURPOSE OUTLETS OR PERMANENT CONNECTIONS Residential, each $10 Commercial, each $15 5. CENTRAL AIR CONDITIONING, per ton $10 8. MOTORS, each 0 to 5 HP $I 8 $15 6 HP and over, per HP $2 7. GENERATORS, TRANSFORMERS, HEATING EQUIPMENT, STRIP HEATERS, RECTIFIERS AND UPS SYSTEMS, each 0 to 10 KW $10 11 KW and over, per KW $2 8. SIGNS, each W 75 9. LIGHT FIXTURES Parking lot lights, per light W $20 All other fixtures, per light $2 Light poles, each $ 20 10. SATELLITE ANTENNAE $60 11. BURGLAR ALARM Installation, wiring and devices per system $50 Repairs, per system $45 12. FIRE DETECTION SYSTEMS, per system _$150 13. TELEVISION AND TELEPHONE SYSTEMS Master Control $35 Each device $2 14. SWINMNG POOLS AND SPAS $100 (E) CERTIFICATE OF USE, COMPLETION OR OCCUPANCY Certificate of Occupancy, Residential $150 Certificate of Occupancy, Conunercial, per story $250 Certificate of Use $75 5 . s� .., Certificate of completion, per story $200 Temporary Certificate of Occupancy or Completion, per story $250 (F) OTHER FEES 1. MINIMUM FEE Residei4 l g comffiffe $100 2. PERMIT EXTENSION FEE W 50 3. RE- INSPECTION FEES W X50 4. CHANGE OF CONTRACTOR $50 5- -- -CTF _)R REGISTRAX40N a�mr.4nn+ foG'G b i u.�K1TVT'Gij VS1GG� E1�ii II.7GC yidGTr 5. THRESHOLD BUILDING INSPECTIONS, per hour $125 Minimum t-we three hours per 'single request. 6. SPECIAL REQUEST FOR AFTER HOURS INSPECTIONS, per hour X199 125 Minimum three hours per single request 7. ' A.DDITIONAL COSTS In addition to the basic application fees listed, applicants shall pay for all reasonable costs incurred by the City in processing said applications. These costs shall ,include but not be limited to advertising, staff time and costs for qualified experts, such as architects, engineers, planners, attorneys and others deemed necessary for the review and evaluation of an application. These fees shall be in addition to any other fees required by the City. 8. REVISIONS TO APPROVED DRAWINGS, per sheet W 25 9. PLAN REVIEW Review after second rejection $50 Each additional review $75 10. SHOP DRAWING REVIEW $100 (G)REFUNDS, TIME LIMITATIONS AND CANCELLATIONS Fees 'charged for a permit , shall be refunded by the Building Official subject to the following: 1. No refunds will be made on requests involving: a) Permit fees of $200 or less 6 b) Permits revoked by the Building Official c) Permits canceled by court order d) Permits which have expired e) Permits under which work has commenced 0 The original permit holder when there is achange of contractor. 2. A full refund will be granted to a permit holder who takes out a permit covering work outside City limits. 3. A full refund, less $200 or 50 % of the permit fee, whichever is greater, will be granted to a permit holder who requests a refund provided that: a) A written request is submitted to the City prior to the permit expiration date; and b) A validated copy of the permit is submitted with such request. (H) LAND USE APPLICATION FEES 1. TEXT AMENDMENT TO LAND DEVELOPMENT CODE $ 500 $1,750 2. REZONING Ten acres or less $1,500 1750 Over ten acres $13,500 3. SPECIAL USE ,PERMIT $1,500 $1,750 4. `APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD Applications for new construction in the RS and RT zoning districts Single unit $350 All other applications for: New construction $450 Renovation $150 Signs, fences, walls, etc. $50 For each additional appearance before the Board $50 5. VARIANCES First variance request $1,500 Each additional variance request $500 6. PLANNED UNIT DEVELOPMENT $3,000 7. CHANGES TO A PLANNED UNIT DEVELOPMENT $1,000 8. CLOSING OF ANY PUBLIC RIGHT -OF -WAY $1,500 9. WAIVER OF REQUIRED RIGHT -OF -WAY IMPROVEMENTS $1,500 7 10. WAIVER OF PLAT APPLICATION $1,000 11. COMPREHENSIVE PLAN AMENDMENTS $20,000 12. SPECIAL EXCEPTION $1,500 $1,750 13. ADMINISTRATIVE WAIVER $2-50 500 14. TEMPORARY SIGNAGE $35 15. SIDEWALK SALES $35 16. DUMPSTER AGREEMENT, CONSTRUCTION TRAILER AGREEMENT $25 ' 17. OUTDOOR SEATING Per sq.ft. $M $ 5 18. TREE REMOVAL PERMIT $40 (I) PUBLIC WORKWUTILITIES FEES 1. INSTALLATION OR REPAIR OF SANITARY SEWERS, WATER LINES, GAS LINES AND OTHER UNDERGROUND UTILITIES 0 to '100 linear feet 100 Each additional 100 linear feet or fraction -$2-5 ' $40 2. EXFILTRATION DRAINS CONSISTING OF CATCH BASIN, EXFILTRATION TRENCH OR SLAB COVERED TRENCH 0 to 100 ft. linear feet $75 Each additional 100 linear feet or fraction $w 50 3. INSTALLATION OR REMOVAL OF POLES, DOWN GUYS, ANCHORS, SPLICE PITS, MANHOLES OR FIRE HYDRANTS each unit - $35 4. SIDEWALKS, CURB AND GUTTER 0 to 100 linear feet $65 Each additional 100 linear feet or fraction $2-5 3300 5. DRIVEWAYS, Each approach $75 6. ASPHALT PAVING 0 to 30 square yards W 200 Each additional 100 square yards or fraction W 40 7. ERECTION OF STREET NAME OR DIRECTIONAL SIGNS, each sign W 15 8 8. CONSTRUCTION OF BRIDGES Roadway area of 0 to 1000 sq. ft. $1000 Each additional 100 sq. ft. or fraction $200 9. PERMANENT TRAFFIC BARRICADES GUARDRAILS AND GUIDEPOSTS Each 100 linear feet or fraction} 75 10. CULVERTS Each linear foot of pipe or fraction 10 11. TRAFFIC SIGNALS, each intersection $500 12. BUS SHELTERS, Each $100 13. EXCAVATIONS FOR UNDERGROUND CONSTRUCTION 0 to 250 sq. ft. m 100 Each additional 250 sq. ft. or fraction $W 50 14. LANDSCAPING (includes hedges, groundcover & other; sod not included) 0 to 250 sq. ft. - U8 75 Each additional 250 sq. ft. or fraction 35 Trees, each SM 35 9 MEMORANDUM To: Honorable Mayor, Vice Mayor Date: November 6, 2001 and City Commission rewo From: Charles Scum Re: Agenda Item City Manager Hammock House REQUEST A 'RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY; APPROVING AN AMENDMENT TO A CONTRACT TO PURCHASE 7800 SW 59 AVENUE [HAMMOCK HOUSE], EXTENDING OPTION PERIOD TO DECEMBER 31, 2002, AUTHORIZING PAYMENT OF 1999 AD VALOREM TAXES IN THE AMOUNT OF $7,283.30 PLUS ADDITIONAL ACCRUED INTEREST FROM OCTOBER 31, 2001 TO THE DATE OF PAYMENT; AND CHARGING ACCOUNT NO 2100 -519- 9920; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution amends a contract to purchase 7800 SW 59h Avenue [Hammock House]. It extends', the option period to December 31, 2002 and authorizes payment of 1999 AD Valorem taxes in the amount of $7,283.30, plus additional accrued interest from October 31, 2001 to the date of payment. On January 16, 2001 the Mayor and City Commission adopted Resolution No. 14.01- 11162, which approved an option contract to purchase real estate located 7800 SW 59`" Avenue, commonly referred to as Hammock House. The contract granted the City of South 'Miami exclusive option to purchase the property by December 31, 2001 upon payment by the City of the 1998 ad valorem taxes, at a price to be determined by averaging the estimated fair market value of the property given by one to three appraisers. The City desires to extend the option period to December 31, 2002 and to amend the contract to effect that' extension and several other changes. RECOMMENDATION Approval is recommended. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 REAL PROPERTY; APPROVING AN AMENDMENT TO A 6 CONTRACT TO PURCHASE 7800 SW 59 AVENUE 7 [HAMMOCK HOUSE], EXTENDING OPTION PERIOD TO 8 DECEMBER 31, 2002, AUTHORIZING PAYMENT OF 1999 AD 9 VALOREM TAXES IN THE AMOUNT OF $7,283.30 PLUS 10 ADDITIONAL ACCRUED INTEREST FROM OCTOBER 31, 11 2001 TO THE DATE OF PAYMENT; AND CHARGING 12 ACCOUNT NO. 2100 -519 -9920; PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, on January 16, 2001 the Mayor and City Commission of the 16 City of South Miami approved Resolution No. 14- 01- 11162 approving an option 17 contract to purchase real estate located at 7800 SW 59 Avenue, commonly 18 referred to as the Hammock House; and, 19 20 WHEREAS, the contract grants the City an exclusive option to purchase 21 the property by December 31, 2001 upon payment by the City of 1998 ad valorem 22 taxes,, at a price to be determined by averaging the estimated fair market value of 23 the property given by one to three appraisers, and upon the City accomplishing a 24 transfer of title by trust and probate proceedings, or otherwise as counsel for the 25 City deems appropriate; and, 26 27 WHEREAS, the contract may be extended to December 31, 2002 upon 28 payment by the City of the 2000 ad valorem taxes; and, 29 30 WHEREAS, the City agreed to advance the cost of counsel for the Van 31 Smith heirs for an amount not to exceed $1,8000; and, 32 33 WHEREAS, the costs of the 1999 and 2000 taxes, V2 of the appraisal fees 34 and the Van Smith counsel fees will be credited to the amount owed by the City at 35 the time of closing, or, in the event the City does not purchase the property, the 36 taxes and counsel fees (but not appraisal fees) will be reimbursed to the City; and, 37 38 WHEREAS, the City desires to extend the option period to December 31, 39 2002 and to amend the contract to effect the extension and several other changes. 40 41 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Additions shown by underlining and deletions shown by e-verstfildfg. - k-m-�;.•�'f^^,..°zn- 'r -,,. ..— � -...,� ,.,- . -1."1 If"^" T-F- L� --a'�. ��' .-�°�.._'�'.�- e"E°':,.'3"T""'n .-. �r� �^i- '+"^,�^'^^E, �m� 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 Section 1. The option period is extended to December 31, 2002. The Addendum to Option to Purchase Real Estate, which is attached to this resolution as App. I is approved. The City Manager is authorized and directed to execute the amendment on behalf of the City of South Miami. Section 2. The City Manager is directed to pay the 1999 ad valorem taxes and to redeem the tax certificate for the amount of $7,283.30 plus additional accrued interest from October 31 2001 to the date of payment, and to charge Account No. 2100 -519- 9920. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 52001 ATTEST' CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Oct -30 -01 03:42pm From -NAGIN GALLOP FIGUEREDO PA 3058545351 T -249 P- 002/003 F -544 RETAIIN THIS POFTION MIAMI- oaoe MIAMI -DADE COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS FOR YOUR RECORDS TAX CERTIFICATE REDEMPTION SILL + FER 10/18/2001 IF NOT PAID LAY 10/31 /2001 TOTAL AMOUNT DUE SUBJECT TO CHANGE 09 4036 039 0020 COLL MM /CCYY: 10 /2001 FOLIO: CERTIFICATE FACE INTEREST RED TOTAL YEAR NUMBER TYPE BUYER VALUE INTX AMOUNT FEE AMOUNT 2400 0001 5652 1 272 6592.16 6.75 329.63 6.25 6928.04 -TOTAL AMOUNT DUE: t' 6928.04 7800 SW 59 AVE HOWARD V SMITH &W ANNE 7800 SW 59 AVE SO MIAMI FLA TOTAL DUE MAY CHANGE IF APPLICATION OR PURCHASE CERTIFICATE IS MADE 8T`FI 33143551P * ADDITIONAL DELINQUENT` TAXES DUE 36 54 40 1.13 AC M/L TAX DEED PALM MIAMI HGTS REV P$ 43 -37 OF E1 /2 TR 6 LESS S125F'T & N22. 59FT IRE PAYMENT. M/L LOT '18 & LOT 12 PER-PS 25 -37 MIAMI- oaaE MAIL THIS PORTIOINI MIAMI -DADS COUNTY DELINQUENT PROPERTY TAXES AND /OR LIENS - , TAX CERTIFICATE REDEMPTION BILL CERT. NO. 2000 00015652 1 BUYER 272 FI=R 10/18/2001 09 4036 039 0020 COLL MM /CCYY: 10/2001 FOLIO: 6928.04 FACE VAL 6592..16 INT% 6.75 TOTAL AMOUNT DUE: HOWARD V SMITH &W ANNE 36 54 40 1.13 AC M/L 7800 SW 59 AVE PALM MIAMI HBTS REV PR 43--37 SO MIAMI FLA 331435512 E1 /2 TR 6 LESS 'S125FT & N22. 59FT M/L LOT 18 & LOT le PER P)B 25--37 00011 09403603900200 0000692804 00015652 0002000 0000001 01001 9 Oct -30 -01 03 :42Pm From-NAGIN GALLOP FIGUEREDO PA 3058545351 T -.249 P.003/003 F -544 RETAIIN THIS PORTION MIAMI -Ace MIAMI -DADE COUNTY DELINOUENT PROPERTY TAXES AND /OR LIENS ° FOR YOUR RECORDS TAX CERTIFICATE REDEMPTION, BILL F'ER 10/ i 8/2001 IF NOT PAID BY 10/31/2001 TOTAL AMOUNT DUE SUBJECT TO CHANGE FOLIO: 09 4036 039 0020 COLL MM /CCYY: 1O /2001 CERTIFICATE FACE INTEREST RED TOTAL YEAR NUMBER TYPE BUYER VALUE INTT: AMOUNT FEE AMOUNT 1999 00016575 1 369 6454.15 9.00 822.90 6.25 7283.30 HOWARD V SMITH. &W ANNE 7800 SW 59 AVE SO MIAMI FLA TOTAL. AMOUNT DUE: 7283.30 331435512 * ADDITIONAL DELINQUENT TAXES DUE PALM MIAMI HSTS REVM /`PB 43 -37 E1 /2 TR -6 LESS S125FT & N22 59F-T M/L LOT 18 & LOT 12 PER _Pn TOTAL DUE MAY CHANGE IF TAX DEED APPLICATION OR PURCHASE; OF CERTIFICATE IS MADE BEFORE PAYMENT. CERT. NO. 1999 00016575 1 BUYER 369' FER 10/18/8001 FOLIO: 09 4036 039 00201 COLL MM /CCYY: 10/2001 FACE VAL 6454. 15 1NT% 9.00 TOTAL AMOUNT DUE: 7283.30 HOWARD V SMITH &W ANNE 36 54 40 1.13 AC M /I.. 7BOO SW 59 AVE PALM MIAMI HGT•S REV FED 43-37 SO MIAMI FLA 331435512 E1/2 TR 6 LESS S125FT & N22.59FT M/L LOT 18 & LOT 12 PER PP e5--37 00011 09403603900200 OCU0728330 00016575 0001999 OD00001 0100], 0 -f- z E a s Q 4 FU o sour- South Miami 1 N Vr V INCORPORATED 1927 { O R I V 2001 Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor Date: November 6, 2001 and City Commission From: Charles, Scurr Re: Agenda Item /2w City Manager Charter Amendment REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI RELATING TO CHARTER AMENDMENTS; PROPOSING AMENDMENT TO ARTICLE V, ELECTIONS, PARAGRAPH 2.A., TO CHANGE THE MONTH IN WHICH GENERAL ELECTIONS ARE HELD FROM FEBRUARY TO NOVEMBER OF EACH EVEN- NUMBERED YEAR, DELETING PARAGRAPH 5.B., CANVASSING COMMITTEE AND EXTENDING THE TERM OF THE MAYOR AND TWO COMMISSIONERS ONE TIME FROM FEBRUARY TO NOVEMBER 2004; SUBMITTING BALLOT QUESTIONS TO THE ELECTORATE OF THE CITY AT THE GENERAL ELECTION SCHEDULED FOR FEBRUARY 12, 2002; REPEALING PROVISIONS IN CONFLICT; PROVIDING AND EFFECTIVE DATE BACKGROUND AND ANALYSIS The attached resolution sponsored by Mayor Robaina proposes a charter amendment to Article V, of the Code of Ordinances to change the month in which General Elections are held from February, to November of each even numbered year. It also deletes the Canvassing Committee and extends the, term of the Mayor and two Commissioners one time from February to November, 2004. The ame the City Z1Vl 1 is ent if successful at the February 12, 2002 General Election will result in savings to .ntly charged by Miami Dade County. It will also eliminate the need for a canvassing record the results of the election and to canvass absentee ballots. DRAFT 10/02/01 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI RELATING TO CHARTER 6 AMENDMENTS; PROPOSING AMENDMENT TO ARTICLE V, 7 ELECTIONS, PARAGRAPH 2.A., TO CHANGE THE MONTH IN 8 WHICH GENERAL ELECTIONS ARE HELD FROM 9 FEBRUARY TO NOVEMBER OF EACH EVEN- NUMBERED 10 YEAR, DELETING PARAGRAPH 5.B., CANVASSING 11 COMMITTEE AND EXTENDING THE TERM OF THE MAYOR 12 AND TWO COMMISSIONERS ONE TIME FROM FEBRUARY 13 TO NOVEMBER 2004; SUBMITTING BALLOT QUESTIONS 14 TO THE ELECTORATE OF THE CITY AT THE GENERAL 15 ELECTION SCHEDULED FOR FEBRUARY 12, 2002; 16 REPEALING PROVISIONS IN CONFLICT; PROVIDING AND 17 EFFECTIVE DATE 18 19 WHEREAS, in its efforts to promote good government, public participation 20 in local government and cost savings for the City, the Mayor and City 21 ComYnission of the City of South Miami have determined that it is in the public 22 interest to change the date of the general election for the offices of mayor and 23 commissioners from the month of February in each even- numbered year to 24 November in each even- numbered year to coincide with the date of elections to 25 national, State, Miami -Dade County and school board offices; and, 26 27 WHEREAS, changing the election date to November in even- numbered 28 years will result in saving the costs charged by the Miami -Dade County 29 Supervisor of Elections and, as the votes will be counted by the supervisor of 30 elections, will also eliminate the need for a canvassing committee to record the 31 results of the election and to count absentee ballots; and, 32 33 WHEREAS, to effect a change in the election date, it will be necessary to 34 extend the term of the mayor and two city commissioners, whose terms expire in 35 February 2004 to November 2004. 36 37 WHEREAS, to accomplish the change in election dates it is necessary to 38 present charter amendment questions to the electorate, as provided in this 39 resolution. 40 41 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Additions shown by underlining and deletions shown by ovor-strili4ng. - DRAFT 10/02/01 1 2 Section 1. The following questions shall be submitted to the electors of 3 the City of South Miami at the next general election: 4 5 Title: QUESTION 1: TIME FOR GENERAL ELECTIONS. 6 7 SHALL ARTICLE V, PARAGRAPH 2.A. OF THE CITY 8 CHARTER, ENTITLED "GENERAL ELECTIONS; TIME," 9 BE AMENDED TO CHANGE THE MONTH IN WHICH 10 GENERAL ELECTIONS ARE HELD FROM FEBRUARY 11 TO NOVEMBER OF EACH EVEN YEAR? 12 13 YES 14 NO 15 16 Summary: If the question is approved by a majority of the voters voting in 17 the next general election, the date for conducting future general elections 18 will be changed from February to November of even- numbered years to 19 coincide with national, State and county -wide elections. It is expected that 20 approval of the change will increase voter participation in municipal 21 elections and may save the city some costs: 22 23 If the question is approved the Charter for the City of South Miami shall be 24 amended as follows: 25 26 ARTICLE V. Elections 27 SECTION 2. General Elections. 28 A. Time. 29 30 General elections for the Commission shall be held during 31 November Feces of each even year, the day, place and time to be 32 set by ordinance, at which time the Mayor shall be elected to be a 33 term of two years and two commissioners shall be elected to terms 34 of four years. 35 36 37 Title: QUESTION 2: ELIMINATION OF CANVASSING 38 COMMITTEE. 39 40 SHALL ARTICLE V, PARAGRAPH S.B., OF THE CITY 41 CHARTER, ENTITLED "CANVASSING COMMITTEE," 42 BE DELETED? a, Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DRAFT 10/02/01 YES NO Summary: If question #1 is approved by a majority of the voters voting in the next general election, there will be no need or function for a canvassing committee. The votes will be counted by the Miami-Dade County Supervisor of Elections. If the question is approved the Charter for the City of South Miami shall be amended as follows: ARTICLE V. Elections SECTION 5. General Elections. B. Canvassing Committee Upon the elesing of 4he polls and the easfing of the ballet by the last pef then entifled to vote, the Cawmssing Geffwtiftee, oemptised of the majefity of the Ce ad the City Qefk, shall publiely Feeor-d the Fest4ts of the eleetion and pfoeeed to tabulate the absentee ba4lots and eeF* the result: Title. QUESTION 3. EXTENDING TERMS OF OFFICE OF MAYOR AND TWO COMMISSIONERS. SHALL THE TERMS OF THE MAYOR AND TWO COMMISSIONERS BE EXTENDED ONE TIME FROM FEBRUARY 2004 TO NOVEMBER 2004? YES NO Summary: If question #1 is approved by a majority of the voters voting in the next general election, the terms of the mayor and two commissioners will be extended from February to November 2004 to coincide with the date of the general election. If a majority of the electors do not approve question 93 to extend the terms, the City will be required by charter to schedule a special election in February 2004 to fill the offices until November 2004. No amendment to the city charter is required for this provision. Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DRAFT 10/02/01 Section 2. In the event the amendments to the Charter are adopted at the next general election, the following general election will be scheduled for November 2004. Section 3. Upon adoption of the amendment to the Charter at the next general election, all conflicting provisions of the Charter and the Code of Ordinances shall be repealed. Section 4. This Resolution shall become effective immediately upon adoption and amendment to the Charter shall become effective prospectively after approval by the electors at the next general election. PASSED AND ADOPTED this 6th day of November, 2001. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu Commissioner Wiscombe: Commissioner Bethel Commissioner Russell: \\Dell 6100\Documents \City of South Miami \0022 - 001\1 1405.doc Page 4 of 4 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and City Commission Date: October 29, 2001 Agenda Item# From: Charles D. Scurr Comm Mtg. City Manager r0441 Re: Authorization to execute Agreement for Water Facilities with Miami-Dade County DO for the Watermain Extension Phases IA & 1B Improvement project. REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGREEMENT WITH MIAMI-DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR WATER FACILITIES FOR THE WATER MAIN EXTENSION PHASES IA & 113 KNOWN TO MIAMI-DADE WATER AND SEWER DEPARTMENT (MDWASD) AS CITY OF SOUTH MIAMI WATER MAIN EXTENSION, PHASE IA, & 113 ID# 17656 PROVIDING AN EFFECTIVE DATE. BACKGROUND: As you know, the Watermain Extension Phase 1A is currently under construction and the design for Phase 1 B, started couple of weeks ago. In other to be ready for the residents to connect to the new water service, we need to execute the attached agreement with Miami-Dade Water & Sewer Department. With the agreement, Miami-Dade Water and Sewer Department will provide approximately two hundred fifty (250) residents with ninety-one thousand (91,000) gallons per day of water service. We are required to extend the estimated 7,200 lineal feet of watermain within the city right-of-way and provide water service lines to residents without potable water. In addition,: we are committed to provide adequate fire protection (fire hydrants) within the construction corridor. All these services and applicable fees will be funded through the 2001 Legislative I Appropriation funds allocated for the project. In addition to the Water Facilities issues, the agreement includes a $4,000.00 payment to the City for the restoration of the right -of- way at SW 72"d Street and SW 58th Court. This payment will in-turn be forwarded to the contractor t ! hat performed the rehabilitation for the Starbucks water service as the County's share '' I of the restoration. RECOMMENDATION: It is recommended that the City Commission approve the funding for the work to be performed. ............ 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGREEMENT WITH MIAMI-DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR WATER FACILITIES FOR THE WATER MAIN EXTENSION PHASES 1A & 113 KNOWN TO MIAMI -DADE WATER AND SEWER DEPARTMENT (MDWASD) AS CITY OF "SOUTH MIAMI WATER MAIN EXTENSION, PHASE IA & 1B ID# 17656 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of 'South Miami wishes to provide water service to the Phases IA & 1B area through MDWASD; and, WHEREAS, the City shall connect to MDWASD's watermain located within and around Phase IA and Phase'' 1 B as indicated' in Section 5, Points of Connection, of the agreement; and, WHEREAS, the City intend to construct approximately 7,200 lineal feet of water main for an estimated 91,000 gallons per day to be provided by MDWASD for approximately 250 single family residents; and, WHEREAS, the City intend to pay applicable documents recording fees and conveyance fees from the 2001 State Legislative Appropriations funds allocated for the project; and, WHEREAS, with this agreement, MDWASD shall pay the City the sum of four thousand dollars (4,000.00) for the restoration of the right -of -way at SW 72nd Street and SW 58th Court. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager' is authorized to enter into an agreement with Miami -Dade County to provide water services to the Water main Extension Phases 1A and 113 service areas. Additions shown by underlining and deletions shown by evefstfiking. I Section 2. That the attached agreement, Agreement for Water Facilities 2 between Miami -Dade County and The City of South Miami, be made a part of the 3 resolution. 4 5 Section 3. This resolution shall take effect immediately upon approval. 6 7 PASSED AND ADOPTED this day of , 2001. 8 9 ATTEST: APPROVED: 10 11 12 CITY CLERK MAYOR 13 14 Commission Vote: 15 READ AND APPROVED AS TO FORM: Mayor Robaina: 16 Vice Mayor Feliu: 17 Commissioner Wiscombe: 18 CITY ATTORNEY Commissioner Bethel: 19 Commissioner Russell: 20 Page 2 of 2 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 18 ID# 17656 AGREEMENT FOR WATER FACILITIES BETWEEN MIAMI -DADS COUNTY AND CITY OF SOUTH MIAMI This instrument prepared by: Clementine Sherman New Business Administrative Officer II Utilities Development Division Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146 -2221 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 18 ID# 17656 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of 5 2001, by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose mailing address is: c/o Miami -Dade Water and Sewer Department, 3575 S. LeJeune Road, Miami, Florida 33146 -2221 and The City of South Miami, a Florida municipality, hereinafter designated as the "CITY", whose mailing address is: 6130 Sunset Drive, Miami, Florida 33143. WI'TNESSETH: WHEREAS, the CITY desires water service to be rendered to property owned by the CITY, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter, designated as the "DEPARTMENT ", operates the water system owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: CITY of SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1B ID# 17656 1, CITY'S PROPERTY. The CITY owns a certain public right -of -,ways in Miami- Dade County, Florida, which are described in Exhibit "A" attached hereto and made a part hereof, hereinafter, sometimes described as the "CITY'S property The CITY has requested that the DEPARTMENT render water service to the CITY'S property and the COUNTY agrees to do so subject to the terms; covenants and conditions contained herein. 2. SPECIAL PROVISION. The DEPARTMENT shall pay the CITY the sum of four thousand dollars ($4,000.00) for the restoration of the Right- of -Way at S.W. 72nd Street and S.W. 58th Court, after the completion, final acceptance and conveyance to the COUNTY of the water facilities contemplated in that certain agreement for "Cinque Mixed Used Building ", dated March 10th, 2000, between Alfred J. Cinque and Gay Cinque, as Individuals, and the COUNTY and recorded in Official Records Book 19062 at Page 346 of the Public Records of Miami -Dade County, Florida. 3. POINTS OF CONNECTION. PHASE 1A: The COUNTY owns and operates a sixteen (16) inch water main located along S.W. 67th Avenue, from which the CITY shall install and connect an eight (8) inch water main, westerly in S.W. 74th Street to S.W. 68 Avenue and to be interconnected with an existing six (6) inch water main, located in S.W. 68th Avenue. The CITY shall also install and connect an eight (8) inch water main, westerly in S.W. 77th Terrace, to S.W. 68 Avenue, to be interconnected to an existing eight (8) inch water main located in S.W. 68 Avenue. The COUNTY also owns and operates a twelve (12) inch water main located in S.W. 80 Street, from which the CITY shall install and Page 3 of 19 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 18 ID# 17656 connect eight (8) inch water mains northerly in S.W. 67 Court, S.W. 68 Avenue and S.W. 69 Avenue, to be interconnected to existing water maims, thence 'install and connect eight (8) inch water mains easterly in S.W. 78 Terrace and S.W. 77 Terrace, from S.W. 69 Avenue and to be interconnected to existing water mains. PHASE 'I B: The COUNTY owns and operates an eight (8) inch water main located in S.W. 72 Street and S.W. 68 Court from which the CITY shall install and connect an eight (8) inch water main southerly in S.W. 68 Court to S.W. 75 Street. The COUNTY also owns and operates a sixteen (16) inch water main along S.W. 67 Avenue from which the CITY shall install and connect an eight (8) inch water main easterly in S.W. 75 Terrace, thence northerly in S.W. 65 Court. The CITY shall also install and connect an eight (8) inch water main in S.W. 77 Terrace easterly to S.W. 66 Avenue, in S.W. 78 Terrace easterly to Manor Lane and in S.W. 79 Street easterly to S.W. 66 Avenue. Other points of connection may be established subject to approval of the DEPARTMENT. 4, DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost and expense shall cause to be designed, constructed and installed all of the necessary water facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines, service connections, service lines, shutoffs, meter boxes, air release valves, and all appurtenances thereto for a complete installation. The final design and construction of the facilities shall meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water service, shall be in accordance with the latest revision of the Page A of 10 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1E ID# 17656 DEPARTMENT'S "Design and Construction Standard Specifications and Details"; and shall be subject to approval by the DEPARTMENT. 5. INSPECTION. The design and construction of facilities to be owned by the COUNTY shall conform to the COUNTY standards and regulations. The COUNTY shall have the right but not the obligation to make engineering inspections of all the construction work performed by the CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for the quality and condition of materials and workmanship. 6. TESTS. During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum of twenty- four (24) hours in advance of the tests. CITY OF SOUTH MIAMI WATER MAIN EXTENSION ,PHASE 1A & I B ID# 17656 Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty -four (24) hours notice. 8. APPROVALS AND PERMITS. The CITY shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all facilities contemplated in this Agreement. 9. COUNTY AS PERMITTEE. Certain federal, state and county agencies, including but not limited to the State of Florida Department of Transportation, the South Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the CITY'S contractor will actually perform the work, pursuant to such permits to the extent, and as provided by Florida Statue Section 768.28 to insure that the COUNTY will incur no costs or liability as a result of being named permittee on such permits, the CITY shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by the CITY pursuant to such permits. The security shall be furnished prior to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate for the permit work. The CITY shall have sixty (60) days to resolve any claims by a permitter. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The CITY shall be liable for all costs in excess of the security. Page 6 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1B I®# 17656 10. WATER SERVICE LINES. Any water service lines two (2) inches in diameter or less that are required for the CITY'S property which will be directly connected to existing mains owned by the COUNTY, shall be installed by COUNTY personnel only. The CITY hereby agrees to pay to the COUNTY its standard water service line installation charge, permit fees and service fees prior to any such installation. 11. OWNERSHIP OF WATER METER. The COUNTY shall provide, own and install the required water meter at its own expense as a part of any water service installation. Ownership by the COUNTY shall terminate at the outlet side of each water meter. 12. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions set forth herein, water service to be rendered by the COUNTY is subject to the following available water by the COUNTY. However, in no event will the COUNTY be obligated to supply anymore water capacity in any one year than is called for by the building connection schedule attached hereto and made a part hereof as Exhibit "C". Any variation from said connection schedule which results in increased yearly demand on the water resources facility capacity of the COUNTY not specifically provided for in Exhibit °'C" shall be subject to the written approval and consent of the DEPARTMENT and shall be dependent on the availability of the water resource and the various restrictions placed on the supply of water by local, state and federal government Pane 7 of 19 - wy CITY of SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 18 ID# 17656 agencies and the physical limitations on the COUNTY'S supply capacity. If the CITY does not utilize the yearly amount of water facility allocation specified in Exhibit "C ", said amount will be available to the CITY in the next calendar year subject to the limitations and provisions specified herein, 13. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional water supply. However, it is mutually agreed and understood by the COUNTY and the CITY that the allocation of capacity by the COUNTY does not guarantee the ability of the COUNTY to supply water for the CITY'S property. Capacity allocation is subject to local, state and federal agencies and other regulatory bodies having jurisdiction. In connection therewith, the CITY agrees that the COUNTY shall not be liable or in any way responsible for any costs, claims or losses incurred by the CITY as a result of actions by regulatory bodies, which are related to capacity allocation. -14. CONNECTION /FRONTAGE BY OTHERS. Parties other than the CITY who own property, other than the CITY'S property, which has frontage to any water mains, installed outside of the CITY °S property pursuant to this Agreement, may apply to the COUNTY for connections to said water mains. If said parties actually connect, the COUNTY will impose a construction connection charge equal to eighteen dollars ($18.00) for the eight (8) inch water mains, multiplied by the front foot length of the connecting property which fronts the water mains as measured along the route of the main. The COUNTY will also impose construction connection charges on such other parties if said Pane 8 of 19 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 18 ID# 17666 water mains are required, in accordance with guidelines and criteria established by the DEPARTMENT, in order to provide adequate service for the fronting property. Said construction connection charges will not be required or collected from other parties for single family residences occupied or under construction prior to the date of this Agreement. The COUNTY shall repay said construction connection charges to the CITY within ninety (90) days of receipt of same. However, the COUNTY'S liability for repayment to the CITY shall be limited to those amounts actually collected from others. This provision shall remain in effect for a period of twelve (12) years from the date of the absolute bill of sale for the water mains facilities constructed by the CITY. Per annum simple interest as established and authorized by Section 687.01, Florida Statutes will accrue on all construction connection charges from the date of the absolute bill of sale for the water mains facilities constructed by the CITY to the date of payment by the connecting party. The interest rate used shall be the rate established by Section 687.01, Florida Statutes at the time of payment by the connecting party. it shall be the CITY'S responsibility to provide the COUNTY with current mailing addresses during the twelve (12) year period. 15. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water facilities contemplated herein for COUNTY ownership, the COUNTY shall provide conveyance documents, which may include bills of sales and releases of liens for execution by the CITY. The properly executed documents shall be delivered to and accepted by the COUNTY prior to the rendition of water service by the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. These conveyances shall nay.s _ A. :.� ray a v� � CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1B ID #97656 be accompanied by copies of paid bills and /or lien waivers, releases, or satisfactions from all persons who performed work on CITY'S property and all persons who incorporate materials' into the property, together with a breakdown of the actual, cost of said facilities. Concurrently, the CITY shall furnish the COUNTY with one (1) set of mylar as -built drawings showing specific locations and depths among other things, of all facilities as located by a licensed surveyor, along with four' (4) prints of the as -built drawings which have been sealed by a surveyor and certified by the engineer of record., Approval by the COUNTY of all required conveyance documents, drawings and survey specified herein shall constitute final acceptance by the COUNTY of said facilities. After final acceptance, the facilities shall remain at all times the sole, complete, and exclusive property of the COUNTY and under the exclusive control and operation of the COUNTY. 16. WARRANTY AND MAINTENANCE BOND. The CITY warrants that the water facilities to be owned by the COUNTY shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance by the COUNTY. Simultaneously with the conveyance of the water facilities, the CITY shall deliver to the COUNTY an executed maintenance bond, which guarantees the warranty. if it becomes necessary to repair and /or replace any of the facilities during the initial one (1) year period, then the warranty as to those items repaired and /or replaced shall continue to remain in effect for an additional period of one (1) year from the date of final acceptance by the COUNTY of those repairs and /or replacement. The bond shall be in the amount equal to the sum of those portions of the actual cost of construction of said facilities as follows.: Page An vF q® e- ',—�'' r`=,T'— re'rF'"'k '+4FZma�IeT. - '.^— rr�t^°I•sa �7: __ CITY OF SMITH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1 a ID# 17655 Types of Facilities Percentage of Actual Construction Cost Water mains 25 The bonds shall have as the surety thereon only such surety company as is acceptable to the COUNTY and which is authorized to write bonds of such character and amount under the laws of the State of Florida. A surety company must have a'Best's Key Rating Guide General Policyholder's Rating of "A or better and a Financial Category of Class "V" or better or be acceptable to the COUNTY. The attorney -in -fact or other officer who signs a bond must file with such bonds a certified copy of his power -of- attorney authorizing him to do so. The Maintenance Bond may be written with the CITY'S contractor as "Principal" and the CITY and the COUNTY as "Co- obligees" or the COUNTY as sole "Obligee ". In the alternative, the CITY may be named as "Principal" and the COUNTY as "Obligee". The Maintenance Bond shall remain in force for one (1) year following the date of final acceptance by the COUNTY of the work done pursuant to this Agreement to protect the COUNTY against losses resulting from any and all defects in materials or improper performance of work. If there is no building construction underway within the CITY'S property at the time of conveyance, the COUNTY shall have the right to require that the term of the Maintenance Bond be extended for a period not to exceed an additional two (2) years. Upon demand by the COUNTY, the CITY shall cause to be corrected all such defects which are discovered within the warranty period or periods as set forth above, failing which the COUNTY shall make such repairs and /or replacements of defective work and /or materials and the CITY and /or its Surety shall be liable to the COUNTY for all costs rays oll o of 1 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1B ID# 17656 arising therefrom. The CITY also warrants that it shall be solely responsible for the repair of any damages to said facilities caused by persons in its employment. 17. TERMS OF AGREEMENT. Both the CITY and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the CITY fails to comply with any of the following conditions, where applicable: a. After execution of this Agreement, work on the CITY'S property shall commence within one hundred eighty (180) days from the execution date. Work shall be considered to have commenced when a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the water facilities throughout the day on each full working day, weather permitting, b. Once the CITY commences construction on the CITY'S property, building construction cannot be suspended, abandoned, or not in active progress for a period exceeding one hundred eighty (180) days. 18. INDEMNIFICATION CLAUSE. The CITY shall` indemnify and hold harmless the COUNTY and its officers, employees, agents, partners, principals, contractors and/or subcontractors and instrumentalities to the extent, and as provided by Florida Statue Section 768.28 from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities Page 12 of 19 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1B ID# 17656 may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners principals, contractors and /or subcontractors. The CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in noway limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided. 19. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water service, due to or resulting from a force majeure or inevitable accident or occurrence, such party shall be excused from performance. As used herein, force majeure shall mean an act of God which includes but is not limited to sudden, unexpected or extraordinary forces of nature such as floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the either party and shall include but not be limited to strikes, lockouts, other industrial disturbances, wars, blockades, acts of publicenemies, insurrections, riots, federal, state, county and local governmental restraints and restrictions, military action, civil disturbances, explosions, conditions in federal, state, county and local permits -- bid °aye 13 of 19 CITY OF SOUTH MIAMI WATER MAIN £XTENSION,PHASE 1A & 1 B ID# 17656 protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground conditions and cave -ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 20. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 21 OPINION OF TITLE. With the execution of this Agreement, the CITY at its own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property, issued by a qualified attorney, licensed to practice law in the State of Florida, which states that the CITY owns fee simple title to the property referred to herein. 22. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests must be performed. It is the responsibility of the CITY to comply with all such requirements and to obtain all necessary approvals. In addition, the use of floating meters for construction purposes is subject to State of Florida requirements and approval by the COUNTY. The CITY may request approval for the use of floating meters prior to actual conveyance of title to the facilities to the COUNTY. However, the COUNTY may be required to execute documents to the Miami -Dade County Department of Environmental Resources Management or State of Florida Department of Health, which state that the 11 A vl 10age IY Id CITY OF SOUTH MIAMI WATER MAIN EXTENSI®N,PHASE 9A & 9S ID #97656 COUNTY has accepted title to the facilities. If the COUNTY is required to execute such documents, the CITY agrees to indemnify and hold the COUNTY harmless from and against all claims, actions, judgments, damages, Foss, cost and expense including reasonable attorney's fees which may be incurred by the COUNTY in connection with the rendition of water service through the facilities constructed and installed by the CITY prior to conveyance of title to the COUNTY, including, but not limited to those which result from failure to properly maintain and repair the water facilities to the extent, and as provided by Florida Statue Section 768.28. 23. ASSIGNMENT OF AGREEMENT. No right to any water supply service commitment provided for in this Agreement shall be transferred, assigned or otherwise conveyed to any other party without the express written consent of the Director of the DEPARTMENT or his designee except as noted below. The consent of the DEPARTMENT shall not be required in connection with the sale, lease or other conveyance of property or any residential units or commercial establishments to any party who will be the ultimate user of the property, including but not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent of the DEPARTMENT for assignments or transfers of any water capacity allocation to any party who holds such property as an investment for resale or who intends to develop for sale a portion of the CITY'S property, so that the COUNTY can adequately determine the demand for water capacity and plan for the fair and equitable allocation of water capacity among the residents of Miami -Dade County. Consent, when required, shall not Page 15 of 19 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE`1A & I ID# 17656 unreasonably be withheld by the DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. 25. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations, whether oral or written, between the CITY and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the CITY and the COUNTY. 26. NOTICE. All notices given pursuant to this Agreement shall be mailed by United States Postal Service registered or certified mail to the parties at the addresses specified on page two (2) of this Agreement or addresses otherwise properly furnished. 27. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions herein contained. The CITY shall pay all recording fees. CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1B ID# 17666 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials as of the day and year above written. UWITNESSETH: MIAMI -DADE COUNTY signature By: print name Tomas R. Goicouria, Chief Utilities Development Division Miami -Dade Water and Sewer Department Signature print name STATE OF FLORIDA COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of , 2001, by Tomas R. Goicouria, Chief, Utilities Development Division of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public 9 rage or ve o CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1B ID# 17656 print name Signature print name STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this day of 72001, by JULIO'ROBAINA MAYOR, who is personally known to me or and has /hasn't produced as identification and did /did not take an oath. Notary Public Serial Number print name Approved for Sufficiency of Execution Only: Assistant County Attorney Pane 18 of 19 CITY OF SOUTH MIAMI WATER MAIN EXTENSION,PHASE 1A & 1 B ID# 17656 EXHIBIT "B" OF AGREEMENT BETWEEN' MIAMI -DADE COUNTY AND SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY TYPES OF LAND USES GALLONS PER DAY Adult Congregate Living Unit / Residential Type Institution or Facility 100 gpd /person (Not a Nursing Home or Convalescent Home) Airport 5 gpd /passenger Pius 10 gpd /employee Apartment 200 gpd /unit Banquet Hall 25 gpd /seat' Barbershop 10 gpd /100 sq. ft. Bar and Cocktail Lounge 15 gpd /seat (stool) Beauty Shop 75 gpd /chair Bowling Alley 100 gpd /lane Camper or R.V. Trailer Park 150 gpd /space Car Wash a) Recycling -Type b) Hand -Type 750 g.pd /bay 3,500 gpd /bay Coin Laundry 225 gpd /washer Country Club 25 gpd /member Dental Office 250 gpd /dentist PLUS 200 gpd /wet chair Duplex or Twin Home Residence 250 gpd /unit Factory a) With showers b) Without showers 20 gpd /100 sq. ft. 10 gpd /100 sq. ft. Food Preparation Outlet (Bakeries, Meat Markets, Commissaries, etc.) (350 gpd minimum) 50 gpd /400 sq. ft. Funeral Home 10 gpd /100 sq. ft. Gas Station /Convenience Store / Mini -Mart 450 gpd /unit Health Spa or Gym 35 gpd /100 sq. ft. Hospital 250 gpd /bed Hotel or Motel 100 gpd /room CITY OF SOUTH MIAMI WATER MAIN EXTENSiON,PHASE 1A & 1 B ID# 17656 TYPES OF LAND USES (CONTINUED, House of Worship GALLONS PER DAY 3 gpd /seat Kennel 30 gpd /cage Laundromat 225 gpd /washer Marina 40 gpd /boat slip Mobile Home Residence / Park 300 gpd /unit Motor Vehicle Service Station 10 gpd /100 sq. ft. Nursing/ Convalescent Home 150 gpd /bed Office Building 10 gpd /100 sq. ft. Pet Grooming 10 gpd /100 sq. ft. Pcus 75 gpd /tub Physician Office 250 gpd /physician Public Park a) With toilets _ b) With showers and toilets 5 gpd /person 20 gpd /person Public Swimming Pool Facility 10 gpd /person Restaurant " a) Full - Service b) Fast -Food c) Take -Out (350 gpd minimum) 50 gpd /seat 35 gpd /seat 50 gpd /100 sq. ft. School a) Day care / Nursery b) Regular School c) With cafeteria, add d) With showers, add e) Teachers and Staff 5 gpd /student 10 gpd /student 5 gpd /student 5 gpd /student 15 gpd /person Shopping Center (dry uses only) 5 gpd /100 sq. ft. Single Family Residence 350 gpd /unit Speculation Building 20 gpd /1,000 sq. ft. Stadium, Racetrack, Ballpark, Fronton, Auditorium, etc. 3; gpd /seat Store (dry uses only) 5 gpd /100`sq. ft. Theater a) Indoor Auditorium 3 gpd /seat b) Outdoor Drive -in 5 gpd /space Townhouse Residence 250 gpd /unit Veterinarian Office 250 gpd /veterinarian Pcus a), With kennels 30 gpd /cage Warehouse a)' Regular or Industrial 20 gpd /1,000 sq. ft. b) Mini Storage or Mini Warehouse 5 gpd /1,000 sq. ft. LEGEND' gpd - gallons per day sq. ft. - square feet NOTES: 1) Sewage gallonage refers to sanitary sewage flow on ,a per unit and /or use basis br average daily flow in gallons per day 2) Condominiums shall be rated in accordance wth the specific type of use. (i.e. apartment, townhouse, etc.) EXHIBIT "C" OF AGREEMENT "B "2of2 "C" 1 of 1 ou 0% 0' 'INCORPORATED 1927 �U' 0 ov�- R Excellence, Integrity, Inclusion MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission fa d 4111 From: Charles Scurr %�, REQUEST Date: November 6, 2001 ly Re: Agenda Item Ordinance calling General Election AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2000 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, 11 AND IV AND POSSIBLE CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached ordinance sponsored by Mayor Robaina is on for first reading. This ordinance schedules the 2002 General Election for Tuesday, February 12, 2002, in the City Commission Chambers from 7:00 a.m. to 7:00 p.m. At which time a Mayor and Commissioners from Groups 11 and IV and possible Charter Amendments will be decided upon. The ordinance provides for qualification of candidates from Tuesday, January 2, 2002 to Wednesday, January 9, 2002. It provides for the closing of Election Book on Monday, January 14, 2002. RECOMMENDATION Approval is recommended. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 5 2000 GENERAL ELECTION OF THE MAYOR AND CITY 6 COMMISSIONERS FOR GROUPS, lI AND IV AND POSSIBLE 7 CHARTER AMENDMENTS; SCHEDULING THE DAY, PLACE AND 8 TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF 9 CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; 10 APPROVING THE OFFICIAL BALLOT; PROVIDING FOR 11 NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES 12 IN CONFLICT, AND AN EFFECTIVE DATE. 13 14 WHEREAS, Section 2, Article V, of the City of South Miami Charter provides 15 that the City Commission of the City of South Miami shall schedule a general election for 16 February of each even year, and that the Mayor shall be elected for a term of two (2) 17 years and commissioners shall be elected for terms of four (4) years at the general 18 election; and 19 20 WHEREAS, the Charter' requires the City Commission of the City of South Miami 21 to schedule the day, place and time of the general election by ordinance; and 22 23 WHEREAS, state law requires election books to close thirty (30) days prior to the 24 election. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The 2002 General Election will be held on Tuesday, February 12, 30 2002. On that date, a mayor will be elected to serve a term of two (2) years, and two (2) 31 Commissioners from Groups II and IV will be elected to serve a term of four (4) years. 32 33 Section 2. The qualifying period for this election shall open Tuesday, January 34 2, 2002 and close Wednesday, January 9, 2002, precisely at 5:00 p.m. Candidates shall 35 qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. 36 37 Section 3. Voting shall be conducted at City Hall in the City Commission 38 Chambers, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 39 7 :00 a.m., and close precisely at 7:00 p.m. 40 41 Section 4. The official ballot for the 2002 general election is annexed to this 42 ordinance. 43 Additions shown by underlining and deletions shown by g. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 5. The election books shall close Monday, January 14, 2002. Section 6. The City Clerk shall publish notice of such general election once a week for four consecutive weeks next preceding the general election in a newspaper of general circulation in South Miami. The notice shall contain the date, time, and place of the general election and identify the commission groups and proposed charter revisions to be voted for: Section 7. 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 8. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 9. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of , 2001. ATTEST: APPROVED: CITY CLERK lst Reading 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Russell: Commissioner Feliu: Commissioner Bethel: Commissioner Wiscombe: Additions shown by underlining and deletions shown by euerstril ?^�r -z:, - rs- ��.,- .w�,� -.y„ . .»�- �— ��n-- .T.m-- �,.- a. -,.� -• ..., „,� .. �,.".'�,� -, ?+i�.'�f"zF"r ,�mm a� ,= ��ns,% -; -":'� x L ELECTION BALLOT 2 CITY OF SOUTH MIAMI GENERAL ELECTION 3 FEBRUARY 12, 2002 4 5 MAYOR'S RACE 6 There is hereby elected a Mayor for the City of South Miami to serve for a two (2) year 7 term. Vote for one (1) 8 9 COMMISSIONER RACE — GROUP II 10 There is hereby elected a Commissioner for the City of South Miami from Group Il to 11 serve for a two (2) year term. Vote for one (1) 12 13 COMMISSIONER RACE —GROUP IV 14 There is hereby elected a Commissioner for the City of South Miami from Group III to 15 serve for a four (4) year term. Vote for one (1). 16 17 18 19 20 21 22 23 The polls will be opened on Tuesday, February, 12, 2002 from 7:00 a.m. to 7:00 p.m., at City Hall, City Commission Chambers, 24 6130 Sunset Drive, South Miami, FL. Additions shown by underlining and deletions shown by eversking 1 DRAFT 2 City of South Miami 3 Regular City Commission Minutes 4 September 4, 2001 5 6 CALL TO ORDER: 7 8 The City Commission of the City of South Miami met in both 9 Regular and Special sessions on Tuesday, September 4, 2001 10 beginning at 6 :38 p.m., in the City Commission Chambers, 6130 11 Sunset Drive 12 13 A. Roll Call: 14 The following members of the City Commission were present: 15 Mayor Julio Robaina, Vice Mayor Horace G. Feliu and 16 Commissioners Randy G. Wiscombe, Mary Scott Russell and David D. 17 Bethel. 18 19 Also in attendance were: City Manager Charles D. Scurr, 20 Assistant City Manager Subrata Basu, City Attorney Earl G. 21 Gallop, City Clerk Ronetta Taylor, and Finance Director Hakeem 22 Oshikoya. - 23 24 B. Invocation: 25 Vice Mayor Feliu delivered the invocation. 26 27 A moment of silence was observed for former City 28 Commissioner Jean Willis. 29 30 C. Pledge of Allegiance: 31 The Pledge of Allegiance was recited in unison. 32 33 D. Presentation(s) (7:50 p.m.) 34 35 Miami -Dade County School Board members the Honorable Frank 36 Cobo and the Honorable Betsy Kaplan presented the City with a 37 Proclamation on the occasion of its All America City designation. 38 39 Habitat For Humanity 40 Cathy McCann of 5820 SW 87th Street, President of the 41 Florida Habitat For Humanity Board and Ann Manning, Executive 42 Director of Habitat For Humanity appeared before the City 43 Commission to present a status report on the work being 44 accomplished with the City Attorney's office as it related to the 45 Marshall Williams Property. 46 47 Ms. Manning related that Habitat had complied with all of 48 the requirements imposed by the City in order to acquire the 49 Marshall Williamson property. She said that a new set of REGULAR CITY COMMISSION 1 MINUTES - September 4, 2001 1 requirements is now being imposed by administration on Habitat in 2 order for the organization to build on the Marshall Williamson 3 property (e.g. building a different style home with a circular 4 driveway). She said these new requirements are putting Habitat 5 at a disadvantage. 6 7 Ms. McCann asked the City Attorney to elaborate on the tax 8 issue involved with this property. 9 10 Attorney Gallop explained that the issue is, now that the 11 City has a Final Judgment. The question becomes, is the City 12 going to take title to the property or is it going to give title 13 to the property to Habitat For Humanity. And if the property 14 were given to Habitat, under what terms and conditions would this 15 be done. He related that the City had adopted a resolution 16 assigning the City's Judgment liens to Habitat upon Habitat 17 entering into a grant agreement with the CRA. The grant agreement 18 provides for the CRA to fund each of the 5 or 6 homes in the 19 amount of $20,000. The question is then, what is to be done with 20 the $20,000. He further explained that the City has the Final 21 Judgment and is now in a position to put the property up for 22 auction. Habitat holds majority interest in the Tax Certificates 23 [the three banking institutions assigned their liens to Habitat]. 24 If the City takes title of the property it will have to buy out 25 Habitat. If Habitat ends up with the property the City has 26 already agreed that it would assign its portion to them if they 27 agree to sign the Grant Agreement. 28 29 Ms. McCann pointed out that the land was not free and clear. 30 There is approximately $100,000 in back taxes that still has to 31 be paid. In addition, the land has no infrastructure. It is 32 estimated that it would take approximately $100 -$129 thousand 33 dollars to address the infrastructure issue. She conveyed her 34 understanding that the Commission was willing to contribute 35 $100,000 and asked if it would consider contributing the funds to 36 the infrastructure or the back taxes owed. She emphasized that 37 this project has been in the works for over four years. 38 39 Mayor Robaina emphasized that the Commission wants to build 40 affordable housing for the residents in South Miami. The issue is 41 that this property is located in the CRA area and is governed by 42 a CRA Board. He said the $100,000 being contributed by the City 43 is to make the homes look a little different or to be used to add 44 a little extra to the homes. 45 46 Commissioner Wiscombe shared that Ms. McCann had mentioned 47 that someone was upset because she had spoken to the Commission 48 members. He said the fact of the matter is that Ms. McCann is a 49 taxpayer and is always welcome to come to the Commission members 50 and talk to them. He clarified that during the CRA Board 51 meeting, the Board asked for people with different ideas on how 52 these homes:should look to share this information to Mr. Oravec. 53 Those sharing of ideas have never come back to the CRA Board. He REGULAR CITY COMMISSION 2 MINUTES - September 4, 2001 1 said that the CRA Director was in no position to be negotiating _2 at this point because nothing has been presented and approved by 3 the CRA Board. He said this is an issue that should be addressed 4 by the CRA Board. 5 6 Vice Mayor Feliu agreed with Commissioner Wiscombe's 7 comments. He said the City would be hard pressed to find another 8 private builder to build the kind of affordable housing that 9 Habitat builds. 10 11 Mayor Robaina pointed out that Mr'. Oravec was doing his job, 12 which in part is to bring information to the CRA Board as to what 13 Habitat is willing and not willing to build. He emphasized that 14 the Commission wanted the best possible product for the 15 community. 16 17 Manager Scurr made it clear that the CRA Board instructed 18 administration to meet with Habitat to throw out ideas as to how 19 to make the houses more attractive. Administration has been 20 doing that. That process has not been completed. Habitat 21 representatives decided to come here tonight to make a 22 presentation at a regular City Commission meeting and not at the 23 CRA meeting. A final list of what Habitat has agreed to comply 24 with and not comply with has not been received. When this 25 information is received it would be taken back to the CRA Board 26 for approval or disapproval. 27 28 Attorney Gallop suggested having,a final determination by 29 the CRA Board as opposed to the City Commission. 30 31 Commissioner Wiscombe said that he'd like for the CRA Board 32 to determine what that short list of ideas would be that 33 administration would take to Habitat for negotiations. 34 35 Commissioner Russell asked when would the next regularly 36 scheduled CRA meeting take place.' 37 38 Mr. Oravec replied that the meeting would take place the 39 first Monday in October. 40 41 Commissioner Russell said the CRA didn't promise anything 42 when this property was first discussed with Habitat four years 43 ago because the CRA is only two years old. She said that she'd 44 like to have staff negotiate with Habitat and then bring the 45 results to the CRA Board for consideration. She emphasized the 46 importance of getting this issue resolved so that Habitat can 47 move forward. 48 49 Vice Mayor Feliu conveyed that the economics of the project 50 should be clarified first. 51 52 Mr. Oravec related that the CRA's most recent involvement 53 began in March or April 2001. The Marshall Williamson property REGULAR CITY COMMISSION 3 MINUTES - September 4, 2001 1 is the largest single - family residential property in the CRA 2 area. It is a showcase of what a -not -for profit organization 3 like Habitat can do and a showcase of what Community 4 Redevelopment can do. The CRA Board did direct staff to talk 5 about the kinds of things that can be done He said that 6 everyone wanted the same thing. Defining what is wanted in an 7 open setting is what makes South Miami an All America City. He 8 opined that this matter should best be handled before the CRA 9 Board during the October meeting. 10 11 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION 12 13 1. Approval of Minutes 14 Regular City Commission Minutes - July 24, 2001 15 16 Moved by Commissioner Bethel, seconded by Commissioner 17 Wiscombe to approve the minutes as presented. 18 19 There, being no discussion the motion passed by a 5 -0 vote. 20 21 Commissioner Bethel: Yea 22 Vice Mayor Feliu: Yea 23 Commissioner Russell: Yea 24 Commissioner Wiscombe: Yea" 25 Mayor Robaina: Yea 26 27 2. City Manager's Report 28 Manager Scurr advised the Commission members that the 29 September 18th City Commission meeting would be a very full one. 30 The seconded budget hearing is scheduled for September 11th. The 31 Zoning Task Force, City Commission and Planning Board will meet 32 Tuesday, September 25th at 6 :30 p.m. The Cocoplum Terrace 33 traffic study meeting will take place on Thursday, September 6tn. 34 The Charter Communications workshop will take place on Saturday, 35 September 15th from 10 :00 a.m. to 12:00 noon. The Police 36 Department would be giving away the "Club" as part of their Anti 37 Vehicle Theft initiative on Saturday September 8th and 22"a` 38 39 Items For The City Manager 40 41 Commissioner Wiscombe shared that he would be attending the 42 monthly Dade League of Cities dinner meeting along with 43 Commissioner Russell, and asked that the Cocoplum Terrace 44 workshop be video taped. 45 46 Commissioner Bethel asked the City Manager to provide him 47 with the procedures a department would go through to have a City 48 owned vehicle repaired. He further asked to review all repair 49 receipts for City owned vehicles for the past two years. He also 50 asked to review all time cards for each employee of the Public 51 Works department for the last two years. He asked for a listing REGULAR CITY COMMISSION 4 MINUTES - September 4, 2001 1 of which supervisors at the public works department drove a City- 2 owned vehicle and which did not. 3 4 Commissioner Russell added to that request by asking for a 5 listings of those employees in the Public Works Department with 6 take home City -owned vehicles. 7 8 Commissioner Bethel suggested having all City -owned vehicles 9 numbered. 10 11 Commissioner Wiscombe related that he'd requested the City 12 Manager on two different occasions to have the City -owned 13 vehicles numbered as well as having the City's insignia placed on 14 each vehicle. This would ensure that the vehicles are being 15 operated in an appropriate and safe manner. 16 17' Vice_ Mayor Feliu emphasized the importance of being fair 18 with the assignment of take home vehicles for the supervisory 19 personnel at the Public Works department. 20 21 By acclamation the City Manager was directed to number all 22 City owned vehicles and place the City's insignia on each. 23 24 Commissioner Bethel conveyed the benefits of having City 25 vehicles numbered, and the City's insignia. 26 27 After there were no other questions or comments for the City 2.8 Manager this report concluded. 29 30 3. City Attorney's Report 31 Attorney Gallop reported that the Marshall Williamson 32 foreclosure matter was finally finished. 33 34 After there were no questions or comments for the City 35 Attorney, this report concluded. 36 37 CONSENT AGENDA 38 39 RESOLUTION NO. 122 -01 -11270 40 4 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 41 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE 42 ENFORCEMENT BOARD; APPOINTING MARIA C. STEWART TO SERVE 43 FOR A TWO YEAR TERM ENDING SEPTEMBER 4, 2003 OR UNTIL A 44 SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN 45 EFFECTIVE DATE 46 (Mayor Robaina) 3/5 47 48 RESOLUTION NO, 123 -01 -11271 49 5 -. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE 50 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE BOARDS 51 AND COMMITTEES; APPOINTING JUAN COMENDEIRO AS CITIZEN 52 REPRESENTATIVE TO THE - REGULAR PENSION BOARD FOR A TWO REGULAR CITY COMMISSION 5 MINUTES - September 4, 2001 1 YEAR TERM ENDING SEPTEMBER 4, 2003 OR UNTIL A SUCCESSOR 2 IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE 3 DATE. 4 (Mayor Robaina) 3/5 5 6 RESOLUTION NO. 124 -01 -11272 7 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 8 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 9 MANAGER TO ISSUE A SERVICE WORK ORDER TO CORZO CASTELLA 10 CARBALLO THOMPSON SALMAN, P.A., (C3TS) FOR PROFESSIONAL 11 ENGINEERING SERVICES FOR CONSTRUCTION ENGINEERING 12 INSPECTION PHASE SERVICES FOR THE WATER MAIN EXTENSION 13 PHASE 1A, IN AN AMOUNT NOT TO EXCEED THIRTY -THREE 14 THOUSAND DOLLARS, ($33,000.00) TO BE CHARGED TO ACCOUNT 15 NO. 001 - 0000 - 132 -2055. 3/5 16 17 RESOLUTION NO: 125 -01- 11273 18 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 19 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 20 MANAGER TO DISBURSE THE SUM OF $5,232 -.50 TO ENVIRO- 21 WEAR, FOR PURCHASING STAFF SHIRTS, CAMP SHIRTS, 4TH OF 22 JULY SHIRTS, AND CHARGING THE DISBURSEMENT TO VARIOUS 23 ACCOUNTS 3/5 24 25 Moved by Commissioner Russell, seconded by Commissioner 26 Wiscombe to approve the Consent Agenda. 27 28 There, being no discussion the motion passed by a 5 -0 vote. 29 30 Vice Mayor Feliu Yea 31 Commissioner Bethel: Yea 32 Commissioner Wiscombe Yea 33 Commissioner Russell Yea 34 Mayor Robaina Yea 35 36 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 37 There were none 38 39 ORDINANCE (S) FIRST READING PUBLIC HEARING (S) 40 Scheduled for 6:30 P.M. 41 42 Manager Scurr's Budget Message is as follows " The National 43 Civic League named the City of South Miami an "All America City" 44 on June 23, 2001. Recognition as an All - America City is the 45 highest and most prestigious honor a City can receive. The last 46 time a Miami -Dade County municipality was selected as an All- 47 America City was over 50 years ago. South Miami's selection is a 48 credit to the leadership and vision of the Mayor, Vice Mayor and 49 City Commission as well as the dedication, hard work and talent 50 of the men and 'women who work for the City and the support and 51 involvement of our citizens and businesses. REGULAR CITY COMMISSION 6 MINUTES - September 4. 2001 1 2 The financial state of the City of South Miami continues to 3 be excellent. At Vice Mayor Feliuls suggestion, the City's 4 independent external auditors were brought in. They made a 5 presentation during the budget workshop. A clean bill of 6 financial health was given. The City's financial state is 7 excellent 8 9 The City had maintained surplus cash carryover above 1.2 10 Million that was established by the City Commission. This year 11 administration is projecting an additional 288,000.00 above the 12 1.2 Million cash reserve. 13 14 The City has two pension [police and general employees] 15 plans and both are in excellent financial condition. 16 17 The overall tax base of the City grew by 3.90. The ,City has 18 a liquid assessed evaluation $814,899,000.00. There was an 19 overall residential tax base of 8.50. A positive balance between 20 commercial and residential in terms of property taxes. New 21 construction continues at a healthy pace. 22 23 Shops At Sunset Place. The Shops reached a settlement with 24 Miami Dade Property Appraiser, which had appealed its tax 25 assessment.. The resulting settlement significantly lowered the 26 taxable value of the complex from $136,090,425 to $105,000,000. 27 28 As a result of this, the commercial tax base has not taken 29 off with the projected growth, which is normally between 5 and 10 30 percent. 31 32 Loss of Revenue Sources. Other major factors were the loss 33 of two important revenue sources. 34 35 1) PARE (Prevention Through Academic and Recreation 36 Excellence)_. The City of South Miami received a $200,000 grant 37 from the State of Florida during the 2000 Legislative Session for 38 the PARE Program.. Incredulously, funding for this award - winning 39 program was lost at the 11th hour during the 2001 Legislative 40 Session. 41 2) Shops At Sunset Place. The Shops At Sunset'Place, as part of 42 the Development Order for the project,_ has made a series of 43 payments to the City. The payment in FY 2000 -01, which was the 44 last payment, was $180,000.00. 45 3) Murray Park Local Match. The City has committed $100,000 46 received from South Miami Hospital as the local match for Phase 47 II of the Murray Park Youth /Community Center. 48 49 The cumulative loss on this.year's budget is $830,000,00. 50 51 The City is committed to maintaining the current ad valorerm 52 tax rate. The current rate of 6.373 mils is the lowest tax rate 53 in over a decade. The City is also committed to maintaining the REGULAR CITY COMMISSION 7 MINUTES - September 4, 2001 1 current high quality of municipal services. South Miami has 2 worked very hard to achieve excellence in police services, solid 3 waste services and feel very strongly that those public services 4 need to be maintained. 5 6 The challenge for the City is to find a way to maintain 7 these services without increasing taxes. The financial "bottom 8 line is that it is achievable, only if the following are 9 realized: 10 1) Expenditure Controls. In order to do this FY 2001/2002 11 Expenses must be brought in at the FY 2000/2001 level - roughly 12 $12,100,000. The City has got to find ways to absorb COLA 13 adjustments, health insurance increases and PARE positions. New 14 program initiatives or expansions of existing programs, no matter 15 how worthy,; will not be possible, unless they are grant funded. 16 2) Revenue adjustments and enhancements. The City must charge 17 market rates or actual costs for municipal services. The City 18 must also develop a mechanism to recover mandated fee increases 19 from Miami -Dade County. 20 21 If it is not possible to control expenditures and make 22 revenue adjustments, then it will be necessary to consider tax 23 rate increases and /or service level reductions. 24 25 For all of the major departments the personnel line item is 26 being frozen at last year's levels. This technique assumes that 27 there is going to be a certain amount of turnover. This means 28 that the Police, Public Works and Parks & Recreation Departments 29 will have to: (a) defer the time for hiring of personnel to the 30 maximum extent possible; (b) Eliminate, through reorganization, 31 non -cost effective and non- essential units; and (c) eliminate 32 non - essential positions. It is recommended that total staffing 33 in the Community Development Department (Planning & Zoning, 34 Building, and Capital Improvements) be decreased by 2 vacant 35 positions., It is also recommended that 3 vacant civilian 36 positions be reduced from the Police Department. There are no 37 new positions in the Public Works Department. There are no new 38 positions in the Parks & Recreation Department. The two PARE 39 positions (Education Director and the Social Worker] previously 40 funded by PARE will be funded by the City. 41 42 It will not be possible to add any new programs, program 43 enhancements or initiatives this year. In addition, there is no 44 funding for new vehicles or heavy equipment. The "Take Home 45 Vehicle "' program for the police department will continue. 46 Additionally, there will be no stepping down of vehicles this 47 fiscal year. 48 49 Each Department Director is being asked to find creative 50 ways to reduce their overall expenditures by an additional 1.30. 51 52 Administration is recommending cutting the earmarked funds 53 for the Community Relations Board, the Historic Preservation REGULAR CITY COMMISSION 8 MINUTES - September 4, 2001 1 Board and the Commission For Women from $5,000.00 to $1,500.00 2 per committee. 3 4 Revenue Adjustments and Enhancements 5 The City adopted a new system for Code Enforcement fines in 6 August 1999. The new system established a "courtesy notice" 7 provision where homeowners are provided an opportunity to remedy 8 a code enforcement; problem without paying a fine. After the 9 courtesy notice, begins at $75.00 for Class l violations; Class 10 II violations begin at $125.00. Administration is recommending 11 that the fine schedule be updated and recommends that fines be 12 increased by $25 -$50 based on the class of the offense and the 13 frequency of offense. This will generate an additional $15,000 14 annually. 15 16 South Miami residents receive, at no charge, a weekly trash 17 pickup not to exceed � truckload. The City offers excess trash 18 pickup at a rate of $75.00 per truckload. The current Miami -Dade 19 County rate is $450.00 per truckload compared to $75 for South 20 Miami. It cost the City approximately $260.00 per truckload. It 21 is recommended that the rate be adjusted to the actual cost to 22 the City of $260.00. This will generate $15,000 annually. 23 24 The City has historically provided garbage and trash service 25 as part of a resident's general tax rate. South Miami is the 26 only City that does this, and other cities charge residents an 27 annual fee ranging from $324 $498. Miami -Dade County annually 28 adjusts the waste disposal fee charged to the City on an annual 29 basis. The City has no way to compensate for these increases 30 without a general tax rate increase. The extra charge by the 31 County; is $230,000 per year, every year. Administration is 32 recommending that the Miami Dade Disposal Surcharge of $25 per 33 household be established. This fee would be adjusted annually 34 based on the actual Miami -Dade County Disposal Surcharge. This 35 would generate approximately $75,000 annually and have a minimal 36 impact on an-individual homeowner. Those receiving the Senior 37 Citizen exemption and those on- public assistance would be 38 excluded from the surcharge. 39 40 The City has adjusted its parking meter rates once in the 41 last 18 years. That adjustment went from 45 to 75 'cents /hour. 42 Currently the City of Miami charges $1.00 -$1.25 for most parking 43 meters. Miami Beach charges $1.00 for most meters. Coral Gables 44 charges $1.00 for short -term 2 -3 hour meters and $.75 for longer - 45 term 4 -10 hour meters Administration is recommending that the 46 City adjust the parking meter rates to comparable levels.. This 47 would generate an additional $200,000 annually. 48 49 If all of the recommended revenue adjustments and 50 enhancements were added together the total would be approximately 51 $830,000.00. 52 53 Manager Scurr emphasized that in order to make this budget REGULAR CITY COMMISSION 9 MINUTES - September 4, 2001 1 work the City has to hold its expenditures at last year's levels 2 and come up with a package or revenue adjustments that totals 3 this amount. 4 5 Some revenue generating ideas that have been mentioned that 6 are under consideration: l) putting out an RFP for the concession 7 stands in the parks; 2) spinning off the Dante Fascell Park 8 Tennis Program; 3) Discussion with the Shops At Sunset Place to 9 talk about some revenue streams that could be provided to the 10 City (e.g. parking surcharge, special security taxing district); 11 4) supplemental one time Miami -Dade County Solid Waste Surcharge. 12 13 In summary, the financial state of the City continues to be 14 excellence :. The City has surplus cash reserve, a fully funded 15 pension program. The proposed budget maintains the City's 16 commitment to provide services while holding the line on taxes. 17 However, adopting stringent expenditure controls and enacting 18 appropriate adjustments on non- taxable revenue sources can only 19 achieve this. 20 21 B. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 22 CITY OF SOUTH MIAMI, FLORIDA, FIXING THE MILLAGE AT 23 6.373 WHICH EXCEEDS THE. ROLLBACK RATE BY 5.27% AND 24 RESULTING IN NO CHANGE IN PROPERTY TAX RATE IN THE CITY 25 OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2001/2002. 26 3/5 27 28 Moved 'by Commissioner Russell, seconded; by Commissioner 29 Wiscombe to table this item until after discussion of item No. 30 9. 31 32 There, being no discussion the motion to table passed by a 33 5 -0 vote. 34 35 Commissioner Bethel: Yea 36 Vice Mayor Feliu: Yea 37 Commissioner Russell: Yea 38 Commissioner.Wiscombe: Yea 39 Mayor Robaina: Yea 40 41 Please note, after conclusion of discussion on Item No. 9 a 42 motion was made and duly seconded to table that item. The 43 Commission.then proceeded to take up Item No. 8. 44 45 Moved by Vice Mayor Feliu, seconded by Commissioners Bethel 46 and Wiscombe to approve this item on first reading. 47 48 Manager Scurr stated for the record that this maintained the 49 millage rate at the currently level of 6.373 Mills. 50 51 Mayor Robaina opened the floor for the public hearing. 52 REGULAR CITY COMMISSION MINUTES - September 4, 2001 . �, 10 1 Mr. McCrea,,a representative of the Budget Review Committee 2 appeared before the City Commission to explain that he'd 3 recommended that the solid waste collection fee be taken out of 4 Ad Valorem Tax; the millage rate would be reduced immensely with 5 that action. 6 7 Manager Scurr explained that this is the maximum millage 8 rate. The Commission could lower it but couldn't raise it. 9 10 After there were no other interested parties to speak on 11 behalf of this item, the public hearing was closed. 12 13 At the conclusion of this discussion, the motion to approve 14 this ordinance on first reading passed by a 5 -0 vote. 15 16 Commissioner Wiscombe Yea 17 Commissioner Russell: Yea 18 Vice Mayor Feliu: Yea 19 Commissioner Bethel: Yea. 20 Mayor Robaina: Yea 21 22 9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF 24 $12,162,473 AND PAY PLAN FOR THE 2001/2002 FISCAL YEAR. 25 3/5 26 27 Mayor Robaina opened the floor for the public hearing,. 28 29 Mr. Dan McCrea, a member of the Budget Review Committee 30 appeared before the City Commission and thanked the Commission 31 for inviting members of the public into the process. He further 32 acknowledged and thanked the City Manager and Finance Director 33 for taking the time to answer some of the Budget Committee's 34 questions, though time was left much too short 35 36 The other members of the Budget Review Committee were also 37 thanked and acknowledged for their time and deliberation [Mr. 38 Chuck Hardy, Mr. Mark Hebert and Mr. Dick Ward]. 39 40 Mr. McCrea provided the Commission with the following 41 concerns and recommendations made by the Budget Review Committee: 42 1. Take home vehicles: This is as, much an issue of perception as 43 of real practical concern. Still, there are improvements that 44 might be made 45 1.1. Take home vehicles are part of a benefit package, like 46 healthcare benefits. An alternative is a vehicle allowance which 47 some employees like the Manager now get instead. Some 48 communities, like Pinecrest, make greater use of allowances. 49 1.2. There is a Take Home Vehicle Policy in place (City business. 50 only, etc.); It should be enforced and the benefit withdrawn from 51 an employee who is found repeatedly to be in violation. REGULAR CITY COMMISSION 1 1 MINUTES - September 4, 2001 1 1.3. Police:_ Program is the result of contract negotiation and is 2 commensurate with other communities. 3 1.4. Department Heads and On -call employees: Program is also 4 commensurate with surrounding communities and a sweetener to keep 5 good people. The total annual cost for the 10 or 11 Dept heads 6 and on -call employees is about $15,000. 7 1.5. Increased liability: While the Manager reports insurance 8 rates do not actually increase due to take home vehicles, simply 9 exposing City vehicles to more hours on the road and more miles 10 means there is more opportunity for things to go wrong - and the 11 City is certainly exposed to an increased risk of damage in 12 dealing with whatever those mishaps might involve. 13 1.6. Service life of vehicles: As the Manager confirms, vehicles 14 are most cost effective to the City at the back end of their 15 lives, being paid for, free and clear. Increasing annual hours 16 and miles, as a take home vehicle policy does, reduces the 17 service life of vehicles at the very time they are most cost 18 effective to the City. 19 1.7. Recommendation regarding Take home vehicles: The City might 20 be better served to pay a vehicle allowance instead of alloving 21 take home vehicles, where it considers: this benefit useful in 22 acquiring, and keeping quality personnel. Like other benefits, the 23 cost should be kept as low as possible. 24 1.7.1.° Providing a 'vehicle allowance is a _cleaner method of 25 compensation, less subject to abuse and the perception of abuse. 26 1.7.2. Providing a vehicle allowance removes any increased 27 liability exposure the City may suffer. 28 1.7.3. Providing a vehicle allowance will extend the service 29 life of vehicles, which are most cost - effective to the City in 30 their later years, when they are paid for. 31 1.7.4. Providing a vehicle allowance is simpler for the 32 employee because they can apply the allowance to their personal 33 vehicle and not have to 'manage another vehicle in their driveway. 34 35 2. Solid Waste Disposal (Garbage, Trash & Re2ycling): The cost of 36 solid waste disposal should, be passed onto South Miami citizens 37 as equitably as possible. No one expects the City to subsidize 38 this basic` service, nor should we expect neighbors to subsidize 39 neighbors 40 2.1. While it is nice to have the benefit of a tax deduction, as 41 is currently the case, there are several problems with raising 42 this revenue through ad valorem taxes. 43 2.1. 1. It is disproportionate: While the cost of providing 44 service is essentially the same for each property, the charge 45 levied by the City, based on assessed value, varies widely from 46 property to property. This means more valuable properties are 47 subsidizing less valuable properties, commercial is subsidizing 48 residential and neither of those is fair. All properties should 49 pay as near their actual cost as practicable. 50 2.1.2. The Manager reports "all other cities" create a 51 separate fee for solid waste collection. By being odd man out, 52 with those fees hidden in ad valorem taxes, South Miami appears REGULAR CITY COMMISSION 12 MINUTES - September 4, 2001 1 to have higher taxes than it does. This has a damaging affect on 2 households considering annexation, for instance, and others 3 evaluating the relative benefits of joining South Miami. We hurt 4 ourselves by making it hard to be looked at apples-to-apples 5 alongside our neighboring communities. 6 2.1.3. The proposed plan is the worst of both worlds: It 7 Leaves the primary procurement of revenue in ad valorem, while 8 creating a new fee to cover adjustments needed to respond to the 9 City's cost of providing service, creating confusion and fuzzy 10 accounting. 11 2.2. Recommendation regarding Solid Waste Disposal: 12 2.2.1. The Commission should direct the manager to identify, 13 with definitive back up figures, the portion of ad valorem taxes 14 devoted to solid waste collection for the past five years. Based 15 upon those figures, and other information the Manager may 16 consider relevant, the Manager should _prepare a recommendation 17 for reducing the millage rate to equally reflect removing solid 18 waste collection fees from ad valorem revenue, and create a 19 separate fee, based on projected actual costs, including fee 20 collections, legal and other overheads, for solid waste 21 collection. 22 2.2.2.' In separating solid waste collection, the Commission 23 should ordain that this annually adjustable fee shall be revenue 24 neutral - based on the City's covering 1000, not more and not 25 less, of its actual cost of collecting solid waste, according to 26 the best practices of City administration. 27 2.2.3. Additionally, careful consideration should be given to 28 providing an effective public education campaign as the solid 29 waste revenue method changes over. Such changes always cause 30 confusion and upset, which a well - conceived campaign can do much 31 to mitigate. 32 33 3. The Shops at'.Sunset Place: Shame on The Shops at Sunset Place 34 - Not for securing their reduced assessment, that was good 35 business but for insisting on being bad neighbors to their 36 fellow' merchants, the City in which they do business and the 37 citizens from which they wish to draw their customer base. 38 3.1. It is appropriate in this public forum, to place some good 39 old- fashioned shame where it belongs. 40 3.2. We are all subsidizing Simon and The Shops. We're doing so 41 because the taxes raised by The Shops fall hundreds of thousands 42 of dollars short of the cost of the services they are provided. 43 3.3. The primary service the City provides is security in the 44 form of police., Some have suggested policing should be cut back 45 in order to force The Shops to the table. It would be 46 irresponsible of the Manager to consider leveraging security by 47 providing less than a professional level of policing, because 48 that would endanger the public with an unknown effect on The 49 Shops directly.' This avenue of persuasion should be ruled out 50 completely. REGULAR CITY COMMISSION MINUTES — September 4, 2001 13 1 3.4 . The City has no means other than ad valorem taxes to force 2 The Shops to pay their fair share. The City must rely on The 3 Shops to recognize it is feeding off others and voluntarily work 4 out a way to pay for the services it continues to enjoy. 5 3.5. We all want The Shops to succeed. Ultimately, their success 6 will be tied to how they are perceived by their customer base. 7 Reaching into the pockets of all of us, their closest neighbors, 8 and taking our money is not smart business. It costs them the 9 goodwill on which they rely. 10 3.6. Recommendation regarding The Shops at Sunset Places 11 3.6.1. The City should continue to make itself available to 12 find the most manageable way for The Shops to pay its fair share 13 - to seek a fair balance between pressure on The Shops to pay, 14 and support for The Shops to succeed; 15 3.6.2. The City should continue to state the facts publicly. 16 The purpose is not malicious. It is to keep light on what The 17 Shops at Sunset Place would` otherwise prefer to keep in the dark 18 - that they are comfortable taking services for which they do not 19 pay, at the expense of all of their closest neighbors and 20 customers - the citizens of The City of South Miami. 21 22 4. Parking Revenue:- It's a narcotic. We're addicted. We need to 23 go into rehab. It may take time to get clean. 24 4.1. "All things in moderation" is part of what most of us 25 consider a healthy philosophy. While some cities charge nothing 26 to park downtown, it makes sense to charge something as a 27 management tool - to keep prime parking places turning over, to 28 stop employees from parking in them, and for similar good 29 management reasons, 30 4.2. The problem is when the revenue realized becomes so 31 attractive we become dependent and go back for more and more. The 32 fact that our surrounding communities may be equally addicted is 33 no more an excuse than smoking crack on the corner because others 34 do. 35 4.3. The damage done by our addiction is that we threaten to kill 36 the goose that lays our golden eggs. South Miami's Hometown 37 District merchants, with the support of the City and the 38 residents, have spent decades cultivating a unique downtown to 39 which the public is drawn. When we interrupt that flow of 40 activity by dipping in our revenue net to feed off the parking 41 meters, we create drag on what we all have worked so hard to make 42 flow well. It is a tax on their business. It is a deterrent to 43 the public's continued patronage. 44 4.4. Moreover, we don't earmark parking revenues to be returned 45 to nurture that district that draws them to us. The Hometown Plan 46 served in no small way to win South Miami the title of All 47 American City. It has re- shaped Dorn Avenue and Sunset Drive, 48 giving new life to the success of our downtown. There is plenty 49 of ,additional work to be implemented in the plan - work we have 50 proven is successful in bringing the public downtown and keeping 51 revenue coming to merchants, and in turn, the City. Yet we leave 52 The Hometown Plan to starve as we put parking revenues in the REGULAR CITY COMMISSION 14 MINUTES - September 4, 2001 1. general fund returning precious little to improve and beautify 2 the rest of the Hometown District. Neither do we break the logjam 3 of'SPG negotiations and proceed to provide the parking solutions 4 we'll need tomorrow. 5 4.5. And finally, the unfortunate irony must be noted again, of 6 The Shops at Sunset Place's colossal failure to pay for its 7 services, while the rest of the downtown merchants endure this 8 tax on their businesses in order to make the 'City whole. The 9 Shops' failure to pay and the City's dependence on parking 10 revenue are two parts of a complex equation in poor health. It 11 will take time to restore it. 12 4.6. Recommendation regarding Parking Revenue: 13 4.6.1. The Commission should direct the Manager to scrap the 14 proposed hike in parking rates if the revenue can be found 15 elsewhere and I submit that it can be. 16 4.6.2. Whether or not the proposed hike goes into effect, The 17 Commission should direct the Manager to develop a "Parking 18 Revenue Policy" for the City of South Miami:. The plan should 19 constitute a policy based on moderation in securing _parking 20 revenue, recognizing it is a drag on the business activity that 21 is an essential component for the health of our City. The 22 proposed 2001 -02 levels should be seen as excessive and the City 23 should resolve to consider it the high water mark from which we 24 must recede. There 'should be a "substantial reduction" from the 25 proposed level, perhaps over years. The plan should be ready for 26 adoption before the next budget and, as it will take time to 27 reach consensus, work should commence at once, the Manager 28 providing to the Commission an initial statement of procedure and 29 timeline by the first regular Commission meeting of January 2002. 30 A clear definition of "substantial reduction" or other fee rate 31 specificity, such as a cap in 2001 pennies, should be part of the 32 finished plan. 33 4.6.3. The Commission should direct the Manager, in providing 34 the plan outlined above, to earmark an "appropriate proportion" 35 of future parking revenue to maintenance and improvement of the 36 parking infrastructure Citywide, implementation of The Hometown 37 Plan and support of the Hometown District. A clear definition of 3,8 "appropriate proportion" should be part of the finished plan. 39 40 5, Contingency. Cash Reserve: While it is commendable and 41 altogether correct that the City not dip into its contingency 42 cash reserve, even in such a challenging budget year, there is no 43 reason to exceed the reserve of $1.2 million set by the 44 Commission and confirmed with professional outside review to be 45 prudent, adequate and responsible. 46 5.1. The proposed budget provides a cash carryover of $1.488 47 million, or.$288,000 in excess of the prescribed mark. 48 5.2. That is greater than the entire projected benefit of parking 49 revenue increases, for instance. The parking revenue increase can 50 be scrapped by eliminating just part of this excess in the 51 contingency: 52 5.3. Recommendation regarding the Contingency Cash Reserve: REGULAR CITY COMMISSION' 15 MINUTES - September 4, 2001 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 5.3.1. Return the excess $288,000 to the general fund and scrap the parking rate increase. Second best to - scrapping the parking rate increase: reduce the millage rate by the value of $288, 000. 5.3.2. 1 The Commission should direct the Manager to prepare an ordinance for the Commission's consideration that would set the Contingency Cash Reserve level at a percentage of total operating budget, to be determined to reflect best municipal fiscal practice. Overall Recommendation The proposed budget should be adopted with the modifications and recommendations above. Mr. Chuck Harty of 5991 SW 81St Street, served on the Budget Review Committee as the South Miami Homeowners Association Representative, appeared before the City Commission to congratulate everyone of the All America City Award. He further shared his philosophical view about the budget the budgetary process. Mayor Robaina recessed the budget hearing at 7 :50 p.m. in order to acknowledge Miami -Dade County School Board members Betsy Kaplan and Frank Cobo. The public hearing reconvened at 8:05 p.m. Mr. David Fryer appeared before the City Commission to express his views regarding FY 2001/2002 budget and addressing the City's potable water and fire protection citywide problems. Ms. Yvonne Beckman appeared before the City Commission to express her views about FY 2001/2002 budget. Mr. David Silver, President of the Red /Sunset Merchants Association appeared before the City Commission to address FY 2001 /2002 Budget and the proposed metered parking rate increase. Mr. Dick Ward, representing the Budget Review Committee appeared before the City Commission to share his thoughts on FY 2001/2001 Budget and the Budget Review Committee report submitted by Mr. McCrea. He suggested that administration look into renegotiating the lease agreement the City has with the Miami Dade County School Board for the leasing of Palmer Field. Commissioner Wiscombe asked that administration take a look at this issue and provide the information to the City Commission. After there were no other interested parties to speak on behalf of this item, the public hearing was closed. Moved by Commissioner, table this item and adjourn budget until a later time.. REGULAR CITY COMMISSION MINUTES - September 4, 2001 seconded by Commissioner Russell to the Special Commission meeting on the 16 1 There, being no further discussion the motion passed by ,a 5- 2 0 vote. 3 4 Commissioner Bethel,: Yea 5 Vice Mayor Feliu Yea 6 Commissioner Russell: Yea 7 Commissioner Wiscombe: Yea 8 Mayor Robaina: Yea 9 10 11 Please note, this item continued after the budget hearing 12 was reconvened at 10:02 p.m. 13 14 Vice Mayor Feliu thanked the Budget Review Committee for 15 their diligence and hard work in reviewing the budget. He related 16 that he was not in support of increasing the metered parking 17 fees. He suggested increasing the level of collection rate from 18 95% to 970. He concurred with the recommendation of using the 19 $288,776.00 cash reserve and leaving the cash reserve at 1.2 20 Million. He further stated that he'd like to keep the cash 21 reserve at 10% of the budget as opposed to a fixed number. He 22 said that he'd like to have a separate waste collection fee as 23 opposed to having it combined with the tax bill. 24 25 Manager Scurr said if this fee were separated the residents 26 would not get the same benefits as the commercial districts. 27 28 Commissioner Wiscombe shared that this would affect the 29 amount that can be claimed on a property owner's income tax. 30 31 Manager Scurr_ said the alternative would be to go with a 32 surcharge -. He said with the fee separation, the homeowner would 33 only get a 50 instead of 100% credit. 34 35 Mayor Robaina said that having the waste collection fee 36 included in the tax bill did not provide a fair representation of 37 the City's "real" millage rate. He said it was brought to his 38 attention that if the City did separate the waste collection fee 39 it would also lower the commercial tax base and the City would be 40 the looser. He said the goal is to get the commercial side to 41 make its fair share. 42 43 Vice Mayor Feliu suggested looking into the relationship the 44 City has with Miami -Dade County School for the leasing of Palmer 45 Field. He asked for record purposes if there was any way to 46 have the users of Dante Fascell Tennis Court pay for the use of 47 the facility with a credit card or a check. 48 49 Mr. Oshikoya said that the members were billed on an annual 50 basis; He said those individuals that go to the park for 51 training has to pay for the use of the courts. 52 REGULAR CITY COMMISSION MINUTES — September 4, 2001 17 1- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Ms. Garcia said that the City has a contract with the tennis coordinator at Dante Fascell Park. Vice Mayor Feliu stressed the importance of having a mechanism in place to account for those 'individuals paying to use the tennis courts on an hourly basis. Mayor Robaina shared that he was interested in having an independent vendor manage the Tennis Courts at Dante Fascell Park. This would release the City from supplementing the park. He opined that the park is due an increase for non- residential user fee. Ms. Garcia shared that a resolution addressing the tennis court and pavilion rentals for the parks has been forwarded to the City Manager for his review and placement on the Commission agenda for approval. Commissioner Wiscombe asked that this information be provided to the Commission members. Vice Mayor Feliu asked if the PUD agreement with South Miami Hospital could be revisited. He said initially the Hospital agreed to pay the City an annual fee of $150,000.00. Mr. Oshikoya recounted, when the initial, agreement was reached with South Miami Hospital it took into consideration the property value at that time. Commissioner Bethel opined that the Parks and Recreation Department' should be self - sufficient. He further conveyed that the Shops At Sunset Place should provide its own security. This would free up the South Miami police department. He voiced that he did not support an increase in the metered parking rate. Commissioner Wiscombe said that he did not agree with the increase in the metered parking_ rates. It makes it very difficult for the City to become user friendly with the amount of parking tickets that are given. He said that he'd like to see the meters moved to four hours rather than three. He said by ordinance the City is required to establish a parking fund. This provision is over ten years old and thus far no money has been placed in this fund. He asked his colleagues to direct the City Manager to set up the Parking Trust Fund so that any development that comes into the City that does not meet the parking requirements must pay into.. Mayor Robaina explained that the major development that has taken place within the past ten years has been the Shops At Sunset Place. Prior to that the only establishments being affected by the parking requirement were the little mom and pop shops that couldn't afford to pay the $10,000.00 fee. REGULAR CITY COMMISSION 18 MINUTES - September 4, 2001 1 Commissioner Wiscombe conveyed that the Terrace Grill, which 2 is expected to open in the very near future will use the same 3 parking spaces the other restaurants in the area are using, was 4 never assessed. 5 6 Commissioner Russell asked that information regarding the 7 Parking Trust Fund be provided prior the next City Commission 8 meeting. This would give the Commission an opportunity to look 9 over the information and formulate any questions they may have in 10 order to make a determination. 11 12 Commissioner Wiscombe asked for comparison purposes, that a 13 list of all the charges for permits and any other fee the City 14 charges. He broached the subject of take -home vehicles for 15 department heads. He emphasized that when there is belt 16 tightening everything hays to be addressed and perhaps a car 17 allowance would save the City some money. He related that he was 18 not in support of taking the sanitation fee out of the property 19 tax bill because of the benefit the property owner can derive 20 from it. He asked that information be provided on the money 21 being spent on 'cell phones and beepers. He further thanked the 22 members of the Budget Review Committee for their input_. 23 24 Commissioner Russell asked for support of her colleagues in 25 directing the City Attorney to draft appropriate provisions for a 26 Budget Review Committee to review the monthly budget status 27 reports. She asked that the record reflect that the City Manager 28 concurred by the nodding of his head that information on the 29 Parking Trust Fund would be presented to the Commission in a 30 timely fashion and a plan for implementation would be brought 31 back at the next Commission meeting. She shared her support for 32 Mr, McCrea "s recommendation "the Commission should direct the 33 manager to identify, with definitive back up figures, the portion 34 of ad valorem) taxes devoted to solid waste collection for the 35 past five years." 36 37 Manager Scurr asked for clarification purposes what level of 38 detail was being requested. He said that the City could possible 39 provide 95 of the information, 40 41 Commissioner Russell said that she would appreciate 42 receiving the 95%. She referenced the Federal` Forfeiture Fund 43 line item and said there was $160,000 budgeted last year, however 44 there is no amount projected for this fiscal year. 45 46 Manager Scurr explained that the revenue stream that had 47 been coming in before isn't very reliable anymore. 48 49 Mr. Oshikoya explained that with the Forfeiture Fund the 50 budget could be ended with what is currently available. This 51 fiscal year it is being projected that the Forfeiture Fund would 52 have nothing available. You can't budget what you don't have. REGULAR CITY COCMMISSION 19 MINUTES - September 4, 2001 1 This doesn't mean that there might not be funds coming in for FY 2 2001/2002, 3 4 Commissioner Russell inquired about the health insurance 5 line item the Commission's budget. 6 7 Manager Scurr explained that the health insurance was for 8 Sheila Alexander the City's receptionist. 9 10 Commissioner Russell referenced the Special Events line item 11 and opined that the events should not be going through the Grants 12 Advisory Board. She asked for clarification_ of the $185,000 13 payment the Shops At Sunset Place were making to the City and 14 whether is was part of the payment for the improvements made on 15 Sunset Drive. 16 17 Manager Scurr said this was part of a Development Order and 18 had nothing to do with the street improvements: 19 20 Commissioner Russell said that fire hydrants and fire 21 protection is an area that should be addressed. She referenced 22 the extra exemption for Senior Citizens and opined that not 23 enough information is being provided about this issue. 24 25 Mayor Robaina shared that Sandra Garcia, the City's Social 26 worker has identified all the seniors that live within the 27 corporate boundaries of the City. She will act as the liaison in 28 providing these individuals with the information about the extra 29 exemption. 30 31 Commissioner Russell asked for clarification of the $288,000 32 mentioned by the Budget Review Committee. 33 34 Manager Scurr explained, that there was approximately 35 $288,000 in projected cash carryover. This money could be used 36 as a revenue stream. He said if it is the policy of the 37 Commission for administration to not cut services and not raise 38 any fees then other sources of revenue would have to be 39 investigated. This could include using all of the surplus cash 40 carryover. 41 42 Commissioner Russell conveyed that she would support a 43 onetime solid waste assessment fee. 44 45 Mayor Robaina said that there were people within the 46 community that was against any type of development or anything 47 progressive, or any new form of revitalization to the City. 48 There are people who want to freeze South Miami in time. This is 49 one of the reasons why cities get into situations where 50 financially the taxpayers eventually pay. This brings about a 51 situation where the average person can't afford to live there 52 because of the taxes. He said that the responsible control REGULAR CITY COMMISSION 20 MINUTES - September 4, 2001 1 development should always be considered. This would help 2 revitalize areas of the City. 3 4 Mayor Robaina voiced support of the department head take 5 home vehicle program as opposed to a car allowance. He voiced 6 support of the $30.00 surcharge for solid waste for this fiscal 7 year. Further charges would encompass any additional increases 8 that the City received from tipping fees from Miami -Dade County. 9 He further shared that he wanted the Shops of Sunset Place to 10 amicable agree to pay the City a minimum of $.25 per vehicle that 11 parks in the Shops At Sunset Place garage. This amount could 12 help to offset the cost of police protection at the SHOPS. 13 14 Commissioner Wiscombe shared that he'd asked the City 15 Attorney to find out what type of arrangement/ agreement the City 16 of Miami has with Coco Walk. 17 18 Mayor Robaina said if the Shops At Sunset Place wasn't 19 agreeable to this suggestion, then he would look into the 20 possibility of imposing a Special Taxing Policing District. He 21 said that he would not support a parking meter rate increase. He 22 asked the City Clerk to draft a resolution establishing a minimum 23 of 10% of the budget in the Cash Reserve Fund. 24 25 Attorney, ,Gallop said that he would review the resolution 26 initially establishing the Cash Reserve'Fund. 27 28 Mayor Robaina said he supported putting funds derived from 29 new development into a Parking .Trust Fund. He said that he'd 30 like for the in -kind services provided for the different events 31 to encompass police and garbage services only when the events can 32 provide documentation to show that the money being made is coming 33 directly back-to the City. He emphasized that many of the events 34 are making profits and the City is not seeing any of that money. 35 He opined, that Dante Fascell Park Tennis Center should be 36 independent. He further said that all park fees should be looked 37 at. He voiced his support for annexation. He related that South 38 Miami Hospital was a not -for profit hospital and as such did not 39 pay property taxes. He said that he'd like to ,renegotiate the 40 financial agreement between the City and South Miami Hospital to 41 increase the hospital's donation from $150,000 to $200,000 plus, 42 annually. 43 44 Mayor Robaina indicated that he wanted the City Manager to 45 allocate funds to hire someone to help out with promoting the All 46 America City as well as the City's 751'' Anniversary. 47 48 Mayor Robaina said that the City Clerk's salary should be 49 addressed. He said that he'd received a comparison salary study 50 and planned to provide more information on this matter. He 51 further said that the City Manager's contract also should to be 52 reviewed and his salary adjusted: 53 REGULAR CITY COMMISSION 21 MINUTES - September 4, 2001 1 Commissioner Russell passed out copies of "Senior Staff" 2 evaluation forms She opined that this is something the 3 Commission should implement in regard to the City Manager, City 4 Attorney and City Clerk. She said she'd like to be able to speak 5 to all of the department heads on a one on one basis to get some 6 feedback and a, different perspective of their interaction with 7 the Commission's staff. This would. enable the Commission to 8 better direct its staff [City Manager, City Attorney and City 9 Clerk] and to calculate an appropriate compensation. She asked 10 that when providing salary surveys to be cognizant of the size of 11 the municipality and the operating budget. She asked how could 12 she speak with department heads without violating the charter. 13 14 Attorney Gallop said that it is not a violation of the 15 Charter to ask ,questions. It is a violation to give orders or to 16 direct department heads to perform a task. It is a good idea to 17 go through the City Manager when wishing to speak with a 18 department 'head. 19 20 Commissioner Russell said that she'd like the opportunity to 21 speak candidly with the department heads. 22 23 Commissioner Wiscombe asked if this evaluation would be kept 24 in the empl'oyee's personnel file. 25 26 Commissioner Russell opined that something should be drafted 27 to better fit each position. She said that she didn't want to 28 propose something that wasn't completely thought out. She said 29 that she's been thinking about this and was asking for the 30 Commission's input. 31 32 MayorrRobaina said that Commissioner Russell's comments were 33 well taken and her suggestion was a good idea. He then asked 34 that funding be allocated for heavy -duty lights on the trees in 35 the downtown area. 36 37 Mr. Ward reappeared before the City Commission and asked 38 that they direct the City Manager as soon as possible to get the 39 figures together from tonight's discussion and call a meeting of 40 the Budget !Review Committee. 41 42 Manager Scurr said the Commission hasn't voted on anything. 43 They have however, indicated that they would not support 44 increasing metered parking rates. He said that staff would have 45 to find'an alternative revenue source. Administration would come 46 back with a reconstructed budget. 47 48 Mayor Robaina reiterated that he only wanted to provide in- 49 kind police and sanitation services to those events (art 50 festivals) that do not put money back into the community. 51 52 Commissioner Wiscombe said that he'd like to be provided 53 with a final financial statement on those events. This would REGULAR CITY COMMISSION 22 MINUTES - September 4, 2001 1 provide the City with a better understanding of the amount of 2 money being generated from the events. 3 4 Mayor Robaina broached the subject of forfeiture funds and 5 shared that he would be meeting with a representative from the 6 City of Miami Finance Department who is familiar with forfeiture 7 funds and the use of those funds for recreational purposes 8 9 Commissioner Bethel shared that he'd spoken with a couple of 10 Attorneys about the use of forfeiture funds to - assist the PARE 11 program. He said that he was advised that the funds were strictly 12 for the police department's use. 13 14 At the conclusion of this discussion, it was moved by Mayor 15 Robaina, seconded by Vice Mayor Feliu to table Item No. 9. 16 17 There, being no further discussion the motion to table 18 passed by a 5 -0 vote. 19 20 Commissioner Bethel: Yea 21 Vice Mayor Feliu: Yea 22 Commissioner Russell: Yea 23 Commissioner Wiscombe: Yea 24 Mayor Robaina: Yea 25 26 Please note, at this time, the-Commission took up Item No. 27 8. That action is reflected under that particular item. 28 29 After Item No. 8 was approved on first reading, the 30 Commission moved. back to Item No. 9 for final vote on first 31 reading; 32 33 Moved by Mayor Robaina, seconded by Commissioners Russell 34 and Wiscombe to approve this item on first reading. 35 36 Commissioner Russell asked if the Pay Plan was a separate 37 document. She further asked if the Pay Plan changed everyone's 38 salary. 39 40 Manager Scurr said the Pay Plan justified the COLA:. 41 42 Commissioner Russell said that it was her understanding that 43 the AFSCME contract had not been finalized. 44 45 Mr. Oshikoya said that the Pay Plan was addressed. However, 46 in order for it to be effective, a resolution needs to be 47 approved by the City Commission, 48 49 Manager Scurr said that the City would not pay at the higher 50 COLA rate until the City comes to a closure with AFSCME. 51 52 Commissioner Russell asked shouldn't the Pay Plan be 53 addressed separately rather than during the budget process. REGULAR CITY COMMISSION 23 MINUTES - September 4, 2001 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 Manager Scurr said that the AFSCME COLA would be addressed separately. An amended Pay Plan would be provided to the Commission prior to the next Budget Hearing. Moved by Commissioner Russell, seconded by Vice Mayor Feliu to amend the wording in'the ordinance title to include "Pay Plan subject to ratification, he for the 2001 /2002 Fiscal Year. There, being no further discussion of the amendment the motion passed by a 5 -0 vote. Commissioner Bethel: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Wiscombe: Yea Mayor Robaina: Yea There, being no further discussion on the ordinance as a whole the motion passed by a 5 -0 vote. Commissioner Bethel: Yea Vice Mayor Feliu: Yea Commissioner Russell: Yea Commissioner Wiscombe: Yea Mayor Robaina: Yea At this time the regular City Commission meeting was reconvened in order to 'hear public remarks. RESOLUTIONS) /PUBLIC HEARING(S) There were none RESOLUTION (S) RESOLUTION NO: 126 -01 -11274 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,- RELATING TO CONTRACTUAL SERVICES, AUTHORIZING THE CITY MANAGER TO EXECUTE CONSTRUCTION CONTRACT DOCUMENTS, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "1" WITH McCOURT CONSTRUCTION, INC. FOR THE RESTORATION OF THE MARSHALL WILLIAMSON TENNIS COURTS; THE DISBURSEMENT OF UP TO $15,00`0 FROM ACCOUNT NUMBER 504- 1500- 9925, ENTITLED "INSURANCE` SETTLEMENT;" AND PROVIDING AN EFFECTIVE DATE 3/5 Moved by Commissioner Russell, seconded by Commissioner Wiscombe to approve this item. REGULAR CITY COMMISSION MINUTES - September A, 2001 24 1 Manager Scurr recounted that last December the Tot Lot at 2 Marshall Williamson Park was set afire. The City received the 3 insurance money for that loss. Since the funds would only be 4 used for improvements and City had already replaced the Tot Lot, 5 administration thought it prudent to use the funds to change the 6 Roller Hockey Rink ,back into tennis courts, as discussed by the 7 Commission previously. 8 9 Commissioner Wiscombe voiced his pleasure in having this 10 issue addressed. He thanked administration and shared that it is 11 wonderful to have the Park available and 'usable by the citizens. 12 13. At.the conclusion of the discussion, the motion passed by a 14 5 -0 vote. 15 16 Commissioner Bethel: Yea 17 Vice Mayor Feliu: Yea 18 Commissioner Wiscombe: Yea 19 Commissioner Russell: Yea 20 Mayor Robaina': Yea 21 22 A RESOLUTION. OF THE MAYOR AND CITY COMMISSION, OF THE 23 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 24 MANAGER TO OFFICIALLY NAME OPEN SPACE PARK 25 26 Moved by Mayor Robaina, seconded by Commissioner Russell to 27 approve this item. 28 29 Ms. Ana Garcia, the City's Parks & Recreation Director 30 appeared before the City Commission and advised that she'd 31 included all of the names suggested by residents. 32 33 Commissioner Russell shared that a suggestion was made to 34 name the park Tom Cunningham Park. 35 36 Commissioner Wiscombe shared that he'd also received a 37 suggestion on the name of Clyde Taylor Park. 38 39 Mayor Robaina suggested the name the All America Park in 40 commemoration of the City's All America City designation in 2001. 41 42 Vice Mayor Feliu concurred with Mayor Robaina's suggestion. 43 44 Commissioner Wiscombe opined that the All America City logo 45 should be on signs for every single park. He said that the City 46 should stick to the historical aspect. 47 48 Mayor Robaina said this area is called Cocoplum Terrace. He 49 said that he had a problem with that name because there was an 50 area in Coral Gables with that same name. 51 REGULAR CITY COMMISSION MINUTES - September 4, 2001 25 1 Commissioner Wiscombe said the repetition of names comes 2 with the territory. He reiterated that this matter needed to be 3 looked at from a historical perspective. 4 5 Commissioner Bethel voiced support for naming the park "The 6 All America Park." 7 8 Moved by Mayor Robaina, seconded by Vice Mayor Feliu to name 9 the park The All America Park at Cocoplum Terrace. 10 11 RESOLUTION NO. 127-01-11275 12 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 14 MANAGER TO OFFICIALLY NAME OPEN SPACE PARK "ALL AMERICA 15 CITY PARK AT COCOPLUM TERRACE. 16 17 At the conclusion of this discussion, the motion passed by a 18 5-0 vote. 19 20 Commissioner Wiscombe: Yea 21 Commissioner Russell: Yea 22 Vice Mayor Feliu: Yea 23 Commissioner Bethel: Yea 24 Mayor Robaina: Yea 25 26 RESOLUTION NO. 128-01-11276 27 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 28 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDMENT OF 29 2000-2001 FISCAL YEAR BUDGET; APPROVING AND ADOPTING 30 THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER 31 LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST 32 FROM ONE CITY DEPARTMENT TO ANOTHER PURSUANT TO ARTICLE 33 IV F(I) OF THE CITY CHARTER AS OF THE END OF THE BUDGET 34 YEAR ENDED SEPTEMBER 30, 2001, AND AUTHORIZING THE CITY 35 MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY TO 36 ACCOMPLISH THOSE TRANSFERS. 37 3/5 38 39 Moved by Mayor Robaina, seconded by Vice Mayor Feliu and 40 Commissioner Bethel to approve this item. 41 42 Manager Scurr explained that at the end of the fiscal year 43 certain budget adjustments were made. This resolution would 44 accomplish that activity. 45 46 Mr. Oshikoya the City's Finance Director said that the 47 budget was being reduced by approximately $410,000.00 for FY 48 1999/2000. This represents the savings to individual departments 49 and would be a part of the cash carryover being projected for 50 next fiscal year. 51 REGULAR CITY COMMISSION 26 MINUTES - September 4, 2001 1 Commissioner Russell asked for clarification as to whether 2 this amount was included in the 1.2 Million cash reserve. 3 4 Mr. Oshikoya explained that FY 1999/2000, budget is 12.3 5 Million. In order to get that amount the City plans to use 6 $625,000.00 of excess cash carryover. Instead of using that 7 amount the City is only using approximately $250,000.00. This 8 amount can be found on line 174 in the General Revenue Budget. 9 10 Manager Scurr said the bottom line is that the City is 11 spending less money this year than budgeted so that the City, can 12 maintain the surplus cash carryover. 13 14 At the conclusion of this discussion, the motion passed by a 15 5 -0 vote. 16 17 Commissioner Bethel: Yea 18 Vice Mayor Feliu Yea 19 Commissioner Wiscombe: Yea 20 Commissioner Russell: Yea 21 Mayor Robaina: Yea 22 23 At this time, the regular City Commission meeting was 24 adjourned at 10 :00 p.m., and the Special Commission meeting on 25 the Mi -llage rate and the budget was reconvened. Public remarks 26 were brought back after the two budget items were concluded. 27 28 ORDINANCE (S) FIRST READING 29 There were none 30 31 PUBLIC REMARKS 32 33 Mr. Dan McCrea representing the Budget Review Committee was 34 afforded an opportunity for comments. 35 36 Mr. David Tucker, Sr., was afforded an opportunity for 37 comments W 39 COMMISSION REMARKS Sus 41 Each Commission member was afforded an opportunity for 42 comments. 43 44 There, being no further business to come before this Body, 45 the meeting adjourned at 12:40 a.m., with Vice Mayor Feliu 46 delivering inspirational parting words. 47 48 49 Approved 50 51 Attest: 52 REGULAR CITY COMMISSION 27 MINUTES September 4, 2001 1 Mayor 2 3 4 City Clerk 5 6 7 8 9 10 REGULAR CITY COMMISSION 28 MINUTES - September 4, 2001