12-18-01CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: December 18, 2001 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: January 15, 2001 Phone: (305) 663 -6340
Timer 7:30 PM
City of South Miami Ordinance No. 10 -00 -1712 requires
all lobbyists before engaging in any lobbying
activities to register with the City Clerk and pay an
annual fee of $125.00. This applies to all persons who
are retained (whether paid or not) to represent a
business' entity or organization to influence "City"
action. "City" action is broadly described to include
the ranking and selection of professional consultants,
and virtually all - legislative, quasi- judicial and
administrative action. It does not apply to not-for-
profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations
and unions.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Presentation(s) (6:00 p.m.)
*All America City Video Tape Presentation
REGULAR CITY COMMISSION 1
AGENDA - December 18, 2001
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*Bicycle Give -A -Way - Parks & Recreation Dept.
*Homestead Miami Speedway
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes - Regular Meeting Nov. 20, 2001
2. City Manager's Report
3. City Attorney's Report
CONSENT AGENDA
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AGREEMENT
WITH MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI FOR
WATER FACILITIES FOR THE WATER MAIN EXTENSION AT SW
64TH STREET AND SW 5'92H PLACE KNOWN. TO MIAMI -DADE WATER
AND SEWER DEPARTMENT (MDWASD) AS ID# 17808; PROVIDING
AN EFFECTIVE DATE. 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO P.A. IN THE AMOUNT OF $9,300.96; CHARGING
$427.80 TO ACCOUNT NO. 1500- 514 - 3435, REAL
PROPERTY/ FORECLOSURE; CHARGING $8,299.50 TO ACCOUNT NO.
1500 - 514 -3410, LEGAL SERVICES, NON- RETAINER; AND
CHARGING $573.66 TO ACCOUNT NO. 608- 1910 -521 -3100,
PROFESSIONAL SERVICES, FORFEITURE PROVIDING AN
EFFECTIVE DATE. 3/5
6. A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO CONTINUE THE EXISTING LEASE CONTRACTS FOR
TWO 2001 'FORD EXCURSIONS AND THREE 2000 FORD EXPLORERS
POLICE VEHICLES AND AT THE END OF THE LEASES TO
PURCHASE; THESE VEHICLES FROM HEARS MOTOR LEASING,
DISBURSEMENT OF THE FUNDS FROM THE FORFEITURE ACCOUNT
NUMBER 615 -1910- 521 -4450 (PURCHASE /LEASE- POLICE
VEHICLES) 3/5
7. A RESOLUT3ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO CONTINUE THE EXISTING LEASE CONTRACTS FOR
EIGHT 1999 AND EIGHT 2000 CROWN VICTORIA POLICE PURSUIT
REGULAR CITY COMMISSION 2
AGENDA - December 18,, 2001
VEHICLES, THREE 2000 FORD EXPLORER AND TWO 1999
CHEVROLET TAHOE POLICE VEHICLES AND AT THE END OF THE
LEASES TO PURCHASE THESE- VEHICLES FROM MEARS MOTOR
LEASING, DISBURSEMENT OF THE FUNDS FROM ACCOUNT NUMBER
1910 -521- 4450 ( PURCHASE /LEASE- POLICE VEHICLES) 3/5
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF ,A TRAFFIC SAFETY GRANT FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION FY 2001/2002 OF $42,000;
AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS AND DOCUMENTS, TO SET UPA REIMBURSABLE
ACCOUNT, 615- 0000 -115- 3042, "FEDERAL FORFEITURE FUND -
MISCELLANEOUS RECEIVABLE' AND PROVIDING FOR AN
EFFECTIVE DATE. 3/5
9. A RESOLUTION` OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF -SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE A SUM NOT TO EXCEED $21,000 FROM
'ACCOUNT NUMBER 615 - 0000 - 115 -3042 (FEDERAL FORFEITURE
FUND 0 MISCELLANEOUS RECEIVABLE) TO DUVAL FORD FOR THE
PURCHASE OF ONE FORD CROWN VICTORIA POLICE PURSUIT
VEHICLE UNDER A GRANT FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION`. 3'/5
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A 48 MONTH LEASE AGREEMENT WITH
PITNEY BOWES;, FOR A POSTAGE MACHINE FOR AN AMOUNT NOT
TO EXCEED $16,224.00; CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 1320 - 513.4420 TITLED "LEASE PURCHASE -
POSTAGE MACHINE ;" AND PROVIDING FOR AN EFFECTIVE' DATE.
3/5
ORD- INANCE (S) SECOND READING PUBLIC HEARING (S)
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH, MIAMI, FLORIDA, RELATING TO SOLID WASTE;
AMENDING ;SECTION 11 -2; 11 -4; AND 11 -10 OF THE CODE OF
ORDINANCES ENTITLED "REFUSE COLLECTION FEE SCHEDULE ";
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND
AN EFFECTIVE DATE. 3/5
12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING WITH
PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED OFF
STREET PARKING BY AMENDING ORDINANCE NO 8 -99 -1682 IN
REGULAR CITY COMMISSION
AGENDA - December 18, 2001
3
ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9) MONTHS THE
MODIFICATIONS MADE TO SECTION 20- 7.6(B) , AND THE
SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H)
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND
PROVIDING AN EFFECTIVE DATE. 3/5
RESOLUTION(S)/PUBLIC HEARING(S)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -3.4 (B) (20) OF THE LAND DEVELOPMENT CODE FOR
A SPECIAL USE APPROVAL TO OPERATE A MOBILE CAR WASH IN
AN "SR(HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT, SPECIFICALLY LOCATED IN THE SHOPS OF
SUNSET PLACE PARKING GARAGE AT 5701 SUNSET DRIVEi. 3/5
RESOLUTION (S)
14. _A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
THE CITY MANAGER TO EXECUTE AGREEMENT WITH THE ROCK
POWER CORPORATION FOR THE CONSTRUCTION OF SW 647H
STREET & SW 591H PLACE INTERSECTION IMPROVEMENT AT AN
AMOUNT NOT TO EXCEED $143,540.80; PROVIDING AN
EFFECTIVE DATE 3/5
(Commissioner Bethel)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RELOCATING A
BELLSOUTH EQUIPMENT BOX AND SPECIAL CONSTRUCTION
RELATED TO THE PHASE TWO OF THE CITY OF SOUTH MIAMI
MULTIPURPOSE CENTER AND PROVIDING AN EFFECTIVE DATE.3 /5
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF AN FY 2002 COMMUNITY DEVELOPMENT BLOCK
GRANT' (CDBG) IN THE AMOUNT OF $340,000 ;, AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5
ORDINANCE ('S) FIRST READING
There are none
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
REGULAR CITY COMMISSION
AGENDA - December 18, 2001
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
PUBLIC REMARKS
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HERESY 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
AGENDA - December 18, 2001
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission
From: Charles D. Scurr
City Manager ZI ro*0
REQUEST:
Date: December 12, 2001
Agenda Item # &#
Comm Mtg. 12 -18 -01
Re: Authorization to execute Agreement for
Water Facilities with Miami -Dade County
for the SW 64th Street Traffic Calming
Project.
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 AT
SW 64TH STREET AND SW 59TH PLACE KNOWN TO MIAMI -DADE WATER AND SEWER
DEPARTMENT (MDWASD) AS ID # 17808 PROVIDING AN EFFECTIVE DATE.
BACKGROUND:
As part of the intersection improvement at SW 64th Street and SW 59th Place, a one hundred
eleven (I 11) lineal feet of 12 -inch water main will be installed for future use along SW 59th
Place. Currently, the corridor is serviced with an 8 -inch water main, which is considered under -
sized for commercial development. The new water main will provide water service for future
commercial development within the SW 59th Place development corridor. Just like other water
main'', extension projects, Miami -Dade Water & Sewer Department will own and maintain the
proposed water main. This portion of the project was added in an effort to eliminate excavation
within the newly paved (street- print) asphalt at the intersection.
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
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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 AT SW 64TH STREET
AND SW 59TH PLACE KNOWN TO MIAMI -DADE WATER AND SEWER
DEPARTMENT (MDWASD) AS ID# 17808; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami wishes to
provide water main extension along SW 59h Place from SW 64`h Street through MDWASD; and,
WHEREAS, the City shall connect to MDWASD's watermain located at the intersection
of SW 64h Street and SW 59"' Place, as indicated in Section 5, Points of Connection, of the
agreement and,
WHEREAS, the City intend to construct approximately 111 lineal feet of water main for future
connection and use by residents and developers; and,
WHEREAS, the City intend to pay applicable documents recording fees and conveyance fees
required by MDWASD; and,
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 main extension at the intersection of SW 64h Street and SW 59t'
Place.
Section 2. That the attached agreement, Agreement for Water Facilities between
Miami-Dade County and The City of South Miami, be made apart of the resolution.
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
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
Additions shown by underlining and deletions shown by ever iking.
City Of South Miami - WM Extension 64 St And 59 PI ID -17803
AGREEMENT
FOR
WATER FACILITIES
RFTWFFN
MIAMI -DADE 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 - WM Extension 64 St And 59 P1 ID -17803
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, Miami, Florida 33143.
_WITNESSETH:
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:
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City Of South Miami- WM Extension 64 St And 59'P1 ID- 17803
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. POINTS OF CONNECTION. The COUNTY owns and operates an eight (8)
inch water main located along S.W. 64th Street and S.W. 59th Place, from which the CITY
shall install and connect a twelve (12) ` inch water main, southerly in S.W. 59th Place
approximately one hundred eleven (111) feet. Other points of connection may be
established subject to approval of the DEPARTMENT.
3. SPECIAL CONDITION. The DEVELOPER hereby acknowledges and
agrees that a portion of the water transmission and distribution facilities to be located in
S.W. 59th Place, will be covered with decorative brick pavers which do not conform to the
COUNTY'S regulations and that should the COUNTY damage the decorative brick pavers
as a result of construction, repair or maintenance operations of the water and /or sewer
facilities, the DEVELOPER will be solely responsible and will hold the COUNTY harmless_
Furthermore, the DEVELOPER agrees, upon the completion of any such construction,
repair or maintenance activity, by the COUNTY, to bear all costs to restore, repair and
replace the surface of the disturbed area, to include decorative brick pavers, in S.W. 59th
Place, in accordance with any and all governmental and regulatory agencies having
Page 3 of 17
,Sfl n� ,a
City Of South Miami - WM Extension 64 St And 59 P11D -17803
jurisdiction over such matters. The COUNTY'S restoration obligation shall be limited to any
asphalt or concrete, and /or landscaping, limited to sodding and small shrubbery.
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 complete installation. The final design and construction of the facilities shall
meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and
Regulations" for water service; shall be in accordance with the latest revision of the
DEPARTMENT'S "Design and Construction Standard Specifications and Details" and shall
be subject to approval by the DEPARTMENT.
5. INSPECTION. The design and construction of facilities to be owned by the
COUNTY shall conform to the COUNTY standards and regulations. The COUNTY shall
have the right but not the obligation to make engineering inspections of all the construction
work performed by the CITY under the terms of this Agreement including private facilities
not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute
any guarantee on the part of the COUNTY as to the quality and condition of materials and
workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any
responsibility for proper construction of said facilities in accordance with approved plans
Page 4 of 17
City Of South Miami - WM Extension 64 St And 59 P1 ID-17803
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.
7. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule
construction meetings with the CITY'S representatives (Engineer, Project Manager,
Construction Superintendent and others) at a place designated by the COUNTY with
respect to project related matters upon twenty-four (24) hours notice.
8. APPROVALS AND PERMITS. The CITY shall be fully responsible for
obtaining all required approvals from all appropriate governmental and regulatory agencies
and all necessary permits for all facilities contemplated in this Agreement.
9. COUNTY AS PERMITTEE. Certain federal, state and county agencies,
including but not limited to the State of Florida Department of Transportation, the South
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
Page 5 of 17
_77r-77- 7-r-
City Of South Miami - WM Extension 64 St And 59 PI ID- 17803
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.
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 exi ting 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.
Page 6 of 17
City Of South Miami - WM Extension 64 St And 59 P1 ID -17803
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 any more 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
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
Page 7 of 17
City Of South Miami - WM Extension 64 St And 59 Pi ID -17803
not be liable or in anyway 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. 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
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.
Page 8 of 17
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City Of South Miami - WM Extension 64 St And 59 Pt ID -17803
15. 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:
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 maybe 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
Page 9 of 17
- ,
City Of South Miami, - WM Extension 64 St And 59 PI ID -17803
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
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.
16. 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,
Page 10 of 17
City Of South Miami - WM Extension 64 St And 59 P1 ID -17803
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.
17. 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
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.
Page 11 of 17
City Of South Miami - WM Extension 64 St And 59 PI ID -17803
18. 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 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.
19. 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:
20. 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 12 of 17
City Of South Miami - WM Extension 64 St And 59 PI ID -17803
21. 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.
22. 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
Page 13 of 17
City Of South Miami - WM Extension 64 St And 59 PI ID -17803
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 1, 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
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.
23. 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.
24. 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 14 of 17
City Of South Miami - WM Extension 64 St And 59 PI ID -17803
25. 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.
l
Page 15 of 17 _ ._
City Of South Miami - WM Extension 64 St And 59 PI ID -17803
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, Chief
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 16 of 17 �_
WITNESSETH:
signature By: (SEAL)
JULIO ROBAINA, MAYOR
print name
Signature
print name
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
,2001, 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
Exhibit "A -1"
City Of South Miami - WM Extension 64 St And 59 PI ID -17803
EXHIBIT "B" OF AGREEMENT
Car Wash
a) Recycling -Type
b) Hand -Type
BETWEEN
Coin Laundry
MIAMI -DADE COUNTY
Country Club
AND
Dental Office
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 PLUS
10 gpd /employee
Apartment
200 gpd /unit
Banquet Hall
25 gpd /seat
R h Qh
Ual lJer V1 IVp
1fl nn41 /1(ln cn fi
yp, y. .
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 gpd /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 Irwin Hume Residence
250 gpdfunit
Factory
a) With; showers
20 gpd /100 sq. ft.
U./
VVIt11VUL WIVVVWtJ IV-(J.IJU/ IUU Z5y. IL.
Food iP
(Bakeries,
'eparation Outlet (350 gpd minimum)
Meat Markets, Commissaries, etc.) 50 gpd /100 sq. ft.
FuneraliHone
10_gpd /100 sq. ft.
Gas Station!i%
Convenience Store / Mini -Mart 450 gpd /unit
P11 35 gpd /100 sq. ft.
Hospital
250 gpd /bed
Hotel 'or•
Motel 100 gpd /room
"B" 1 OF 2
City Of South Miami - WM Extension 64 St And 59 PI ID -17803
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 7 Park
300 gpd /unit
Motor Vehicle Service Station
10 gpd /100 sq. ft.
Nursing / Convalescent Home
150 gpolbed
Office Building
10 gpd /100 sq. ft.
Pet Grooming
10 gpd /100 sq. ft. PLUS
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 and 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
Shopping Center (dry uses only)
Sin' gle Family Residence
Speculation Building
Stadium, Racetrack, Ballpark, Fronton,
Store (dry uses only)
Theater
a) Indoor Auditorium
b) Outdoor Drive -in
Townhouse Residence
5 gpd /student
10 gpd /student
5 gpd /student
5 gpd /student
15 gpd /person
5 gpd /100 sq. ft.
350 gpd /unit
20 gpd /1,000 sq. ft.
m, etc. 3 gpd /seat
5 ar)d /100 SQ. ft.
3 gpd /seat
5 gpd /space
250 gpd /unit
veTerinanan UTTIce 250 gpd /veterinarian Plus
a) With kehkels 30 gpd /cage
Warehouse
a) Regular or Industrial 20 gpd 11,000 sq. ft.
b) Mini Storage or Mini Warehouse 5 gpd /1,000 sq. ft.
LEG! END:
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, tow1house, etc.)
To: Mayor and Commission Date December 14, 2001 4r
From: Earl G. Gallop Agenda Item
City Attorney Commission Meeting December 18, 2001
Attorney's Fees Nagin, Gallop and
Figueredo, P.A.
The attached resolution is for Legal Services for the City Attorney for the period ending
November 30, 2001 in the total amount of $9.300.96. The accounts are summarized below:
Account
South Miami
This Invoice
F i o n d a
Consulting — Real Property/Foreclosure
$ 3,200.00
$ 427.80
2001
CITY OF SOUTH MIAMI
To: Mayor and Commission Date December 14, 2001 4r
From: Earl G. Gallop Agenda Item
City Attorney Commission Meeting December 18, 2001
Attorney's Fees Nagin, Gallop and
Figueredo, P.A.
The attached resolution is for Legal Services for the City Attorney for the period ending
November 30, 2001 in the total amount of $9.300.96. The accounts are summarized below:
Account
Available Balance
This Invoice
Consulting — Real Property/Foreclosure
$ 3,200.00
$ 427.80
Account # 1500 - 514 -3435
Professional Services -
$ 2,800.00
$ 573.66
Account #'608 - 1910 - 521 -3100
CRA Fund — General Legal
$
$
Account #610= 1120 - 554 -3415
Code Enforcement
Account #1500 - 514 -3452
$ 5,986.34
$
Telecommunications
Account #1500- 514 -3420
$ 5,420.00
$
Legal Services Non Retainer
$ 10,000.00
$ 8,299.50
Account # 1500 -3410
A detailed Billing Statement is attached.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR
6 NAGIN . GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF
7 $9,300.96; CHARGING $427.80 TO ACCOUNT NO. 1500-514 -
8 3435, REAL PROPERTY /FORECLOSURE; CHARGING
9 $8,299.50 TO ACCOUNT NO. 1500 - 514 -3410, LEGAL
1.0 SERVICES, NON- RETAINER; AND CHARGING $573.66 TO
11 ACCOUNT NO. 608- 1910 -521 -3100, PROFESSIONAL
12 SERVICES, FORFEITURE; PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, the City Commission of the City of South Miami approved
16 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187,
17 authorizing payment of City Attorney non- retainer attorneys' fees and costs; and,
18
19 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City
20 for legal services rendered, and costs advanced, for the period ending
21 November 30, 2001, in the amount of $9,300.96; and,
22
23 WHEREAS, the City Attorney recommends payment of the attached
24 invoices.
25
26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
28
29 Section 1. The invoices for attorneys' fees and costs received from
30 Nagin Gallop Figueredo, P.A., in the total amount of $9,300.86, are approved for
31 payment and charging $427.80 to account no. 1500 -514 -3435, real
32 estate /foreclosure; charging $8,299.50 to account no. 1500 -514 -3410, legal, non-
33 retainer; and charging $573.66 to account no. 608 -1910 -521 -3100, forfeitures.
34
35 Section 2. This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by ever-str-ilci g.
•-
1
2
PASSED AND ADOPTED this
day of December, 2001.
3
4
ATTEST:
APPROVED:
5
6
7
CITY CLERK
MAYOR
8
9
10
COMMISSION VOTE:
11
READ AND APPROVED AS TO FORM:
Mayor Robaina:
12
Vice Mayor Feliu:
13
Commissioner Wiscombe:
14
CITY ATTORNEY
Commissioner Bethel:
15
Commissioner Russell:
16
17
18
19
20
21
22
23
24
25
\\Dell 6100 \Documents \City of South Miami \0022 - 001 \12149.doc
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Page 2 of 2
77 r�
F
SOUTH MIAMI POLICE DEPARTMENT
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission Dates November 15, 2001
FROM: Charles Scurr Agenda Item # 6
City Mana a Comm Mtg. December 18, 2001
Leasing of Police Patrol Vehicles
REQUEST
Approval for the continuation of payments from the forfeiture account on the lease
contract on three 2000 Ford Explorer, and two 2001 Ford Excursions from Mears Motor
Leasing, and the purchase of the vehicles at the end of the leases.
BACKGROUND AND ANALYSIS
The Police Department is in the second year of a four year lease for three Explorers which
will end February 2004, and first year of a four year lease on two Excursions which will
end June 2005. The vehicles must be purchased or returned at the end of the lease.
The leases are paid in monthly installments for the 2001 -2002 budget year are as follows;
3 2000 Ford Explorer @ $390.92 per month/12months each = $16,265.16
2 2001 Ford Excursion @ $715.1Oper month/ 12 months each = $17,162.40
Total Disbursement from 2001/2002 budget $33,427.56
The leases are paid in monthly installments for the 2002 -2003 budget year are as follows;
3 2000 Ford Explorer @ $390.92 per /12months each = $16,265,16
2 2001 Ford Excursion @ $715.1 Oper month/12 months each = $17,162.40
Total Disbursement from 2002/2003 budget $33,427'.56
The leases are paid in monthly installments for the 2003 -2004 budget year are as follows;
3 2000 Ford Explorer @ $390.92 per month/ 5months each = $ 2,710.86
2 2001 Ford Excursion @ $715. l Open month/12 months each = $17,162.40
Total of monthly payments $19,873.26
End of Lease purchase of three 2000 Ford Explorers @ $8,487.00 each ° $29,550.00
Total Disbursement from 2002 /2003 budget $49,423.26
The leases are paid in monthly installments for the 2004 -2005 budget year are as follows;
2 2001 Ford Excursion @ $715.1'Oper month/ 9 months each = $ 12,871.80
Total of monthly payments $ 12,871.80
End of Lease purchase of three 2000 Ford Excursions @ $13,600.00 each = $27,200.00
Total Disbursement from 2004 /2005 budget $40,071.80
Mears Motor Leasing purchased the listed vehicles for lease to the Police Department
under the Florida Sheriff's Association Bid price.
Funding for the leasing and purchase of the above listed vehicles will come from Forfeiture
account number 615- 1910 -521 -4450, Purchase/Lease Police Vehicles.
RECOMMENDATION
Approval is recommended
w*g,F;°.. °"'�,s .5..T,.".
1
2 RESOLUTION NO.
3
4
5
6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
7 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
8 CITY MANAGER TO CONTINUE THE EXISTING LEASE
9 CONTRACTS FOR TWO 2001 FORD EXCURSIONS AND THREE
10 2000 FORD EXPLORERS POLICE VEHICLES AND AT THE
11 END OF THE LEASES TO PURCHASE THESE VEHICLES FROM
12 MEARS MOTOR LEASING, DISBURSEMENT OF THE FUNDS
13 FROM THE FORFEITURE ACCOUNT NUMBER 615- 1910 -521-
14 4450 (PURCHASEILEASE- POLICE VEHICLES).
15
16
17
18 WHEREAS, in order to maintain a fleet of modern, well maintained emergency management
19 and K -9 vehicles for the police department, these vehicles were leased. The terms of the lease
20 contracts requires monthly payments must be paid on each vehicle; and
21
22
23 WHEREAS, these vehicles will allow the Police Department to quickly and safely respond to
24 citizens calls for service, maintain preventive patrols and to safely transport police work dogs; and
25
26
27 'WHEREAS, current emergency operations preparedness plans strongly suggest that an agency
28 have available a portion of its fleet as four wheel drive vehicles for use during and after natural
29 disasters, such as the flooding which may occur after a hurricane; and
30
31
32 WHEREAS, the Police Department is in the second year of a four year lease for three
33 Explorers which will end June 2004; and the first year of a four years lease which will end May, 2005,
34 and the purchase of the vehicles of the end of the lease.
35
36
37 WHEREAS, the below funds will be disbursed over the next four years from the forfeiture
38 account,
39 Total Disbursement from 2001/2002 budget $ 33,427.56
40 Total Disbursement from 2002/2003 budget $ 33,427.56
41 Total Disbursement from 200312004 budget $ 49,423.26
42 Total Disbursement from 2004/2005 budget $ 40,071.80
43
44
45
46
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.
The City Manager be, and hereby is authorized to disbursement offends from
the 2001/2002 budget of $102,090.00 for monthly installments for the
continuation of the leases for eight 2000 and eight 1999 Ford Crown Victorias,
three Ford Explorers and two Chevy Tahoes. That the sum of $51,200.00 be
paid for the purchase of the 1999 Crown Victorias.
Disbursement of funds from the 2002 /2003 budget of $82,248.84 for monthly
installments for the continuation of the leases for eight 2000 Ford Crown
Victorias, three Ford Explorers and the purchase of two Chevy Tahoes. That
the sum of $25,300.00 be paid for the purchase of two Chevy Tahoes.
Disbursement of funds from the 2003/2004 budget of $42,748.62 for monthly
installments for the continuation of the leases for eight 2000 Ford Crown
Victorias, three Ford Explorers. That the sum of $101,898.62 be paid for the
purchase of these Crown Victorias and Explorers.
That these funds be payable to Mears Motor Leasing and disbursement be
charged to forfeiture account number 615-1910-521-4450 (Lease/Purchase-
Police Vehicles).
Section 2. The City Manager is authorized to execute such contracts and documents as
are necessary to continue the yearly lease and purchase of said vehicles
PASSED AND ADOPTED this day of December, 2001.
ATTEST:
APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
SOUTH MIAMI POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO: Mayor and Commission Date: November 15, 2001
FROM: Charles Scurr 4 f 01
Comm Item #
City Manage Mtg. December 30, 2001
Leasing of Police Patrol Vehicles
REQUST
Approval for the continuation of payments on the lease contracts on, (8) 2000 Ford Crown
Victoria Police vehicles (6) 2000 Ford Explorer Police vehicles, (2) 1999 Chevy Tahoe
Police Vehicles, (8) 1999 Ford Crown Victoria Police vehicles from Mears Motor Leasing,
and the purchase of the vehicles at the end of the leases,
BACKGROUND AM ANALYSIS
The Police Department is in the second year of a four year lease for the eight 2000 Crown
Victorias and three Explorers which will end June 2004, the third year of a four year lease
on two 1999 Tahoes, which will end January 2003, and the third year of a three year lease
for elghtl 999 Crown Victorias, which must be purchased or returned in February 2002.
The leases are paid in monthly installments for the 2001-2002 budget year are as follows;
8 2000 Ford Crown Victoria @ $556.08 per/12months each = $53,383.68
3 2000 Ford Explorer @ $451.81 per/12months each = $16,265.16
2 1999 Chevrolet Tahoe @ $525.00 per/12months, each = $12,600.00
8 1999 Ford Crown Victoria @ $496.00 per/ 5months each = $19,840.00
Total of monthly payments $102,088.84
End of Lease purchase of eight 1999 Ford Crown Victorias @ $6,400 each = $51,200.00
Total Disbursement from 2001/2002 budget $153,288.84
The leases are paid in monthly installments for the 2002 -2003 budget year are as follows;
8 2000 Ford Crown Victoria @ $556.08 per /12months each = $53,383.68
3 2000 Ford Explorer @ $451.81 per /12months each = $16,265.16
2 1999 Chevy Tahoe @ $525.00 per /5 months each = $12,600.00
Total of monthly payments $82,248.84
End of Lease purchase of two 1999 Chevrolet Tahoe @ $12,650.00 each = $25,300.00
Total. Disbursement from 2002/2003 budget $107548.84
The leases are paid in monthly installments for the 2003 -2004 budget year are as follows;
8 2000 Ford Crown Victoria @ $556.08 per /9months each = $40,037.76
3 2000 Ford Explorer @ $451.81 per /6months each = $ 2,710.86
Total of monthly payments $42,748.62
End of Lease purchase of eight 2000 Ford Crown Victorias @ $3,700 each = $29,600.00
End of Lease purchase of three 2000 Ford Explorers @ $9,850 each $29,550.00
Total Disbursement from 2003 /2004 budget $101,898.62
Mears Motor Leasing purchased the listed vehicles for lease to the Police Department
under the Florida Sheriff's Association Bid price.
Funding for the leasing and purchase of the above listed vehicles will come from account
number 1910 -521 -4450, Purchase/Lease - Police Vehicles. This account will have a
balance of $90,220.00 in the 2001.2002 budget.
RECOMIVIENDATION
Approval is recommended
l
2 RESOLUTION NO.
3
4
5
6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
7 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE
8 CITY MANAGER TO CONTINUE THE EXISTING LEASE
9 CONTRACTS FOR EIGHT 1999 AND EIGHT 2000 CROWN
10 VICTORIA POLICE PURSUIT VEHICLES, THREE 2000 FORD
11 EXPLORER AND TWO 1999 CHEVROLET TAHOE POLICE
12 VEHICLES AND AT THE END OF THE LEASES TO PURCHASE
13 THESE VEHICLES FROM MEARS MOTOR LEASING,
14 DISBURSEMENT OF THE FUNDS FROM ACCOUNT NUMBER
15 1910- 521 -4450 ( PURCHASE /LEASE - POLICE VEHICLES).
16
17
18
19 WHEREAS, in order to maintain a fleet of modern, well maintained vehicles for the police
20 department, some of the vehicles were leased. The terms of the lease contracts requires monthly
21 payments must be paid on each vehicle; and
22
23
24 WHEREAS, these vehicles will allow the Police Department to quickly and safely respond to
25 citizens calls for service, maintain preventive patrols and enforce traffic laws; and
26
2?
28 WHEREAS, current emergency operations preparedness plans strongly suggest that an agency
29 have available a portion of its fleet as four wheel drive vehicles for use during and after natural
30 disasters, such as the flooding which may occur after hurricane; and
31
32
33 WHEREAS, the Police Department is in the second year of a four year lease for the eight
34 2000 Crown Victorias and three Explorers which will end June 2004, the third year of a four year
35 lease on two 1999 Tahoes, which will end January 2003, and the third year of a three year lease for
36 eight 1999 Crown Victorias, which must be purchased or returned in February 2002.
37
38
39 WHEREAS, the below funds will be disbursed over the next three budget years,
40 Tonal Disbursement from 2001 /2002 budget $153,288.84
41 Total Disbursement from 2002/2003 budget $107,548.84
42 Total Disbursement from 2003/2004 budget $101,898.62
43
44
45
46
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is authorized to disbursement of funds from
the 2001/2002 budget of $102,090.00 for "monthly installments for the
continuation of the leases for eight 2000 and eight 1999 Ford Crown Victorias,
three Ford Explorers and two Chevy Tahoes. That the sum of $51,200.00 be
paid for the purchase of the 1999 Crown Victorias.-
Disbursement of funds from the 2002/2003 budget of $82,248.84 for monthly
installments for the continuation of the leases for eight 2000 Ford Crown
Victorias, three Ford Explorers and the purchase of two Chevy Tahoes. That
the sum of $25,300.00 be paid for the purchase of two Chevy Tahoes.
Disbursement of funds from the 2003/2004 budget of $42,748.62 for monthly
installments for the continuation of the leases for eight 2000 Ford Crown
Victorias, three Ford Explorers. That the sum of $101,898.62 be paid for the
purchase of these Crown Victorias and Explorers.
That these funds be payable to Mears Motor Leasing and disbursement be
charged to account number 1910 -5214450 ( Lease /Purchase - Police Vehicles).
Section 2. The City Manager is authorized to execute such contracts and documents as
are necessary to continue the yearly lease and purchase of said vehicles
PASSED AND ADOPTED this day of December, 2001,
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
City of South Miami
Police Department
INTER- OFFICE MEMORANDUM
TO: Mayor and City Commission Date: December 14, 2001
FROM: Charles Scurr Re: Agenda Item # — IV
City Manager Comm.Mtg. December 18, 2001
Authorization to Accept Traffic Safety
Grant from F1. Dept. of Transportation
REQUEST:
A resolution of the Mayor and City Commission of the City of South Miami, Florida relating to
the acceptance of a Traffic Safety Grant from the Florida Department of Transportation FY
2001/2002 of $42,000; authorizing the City Manager to execute applicable contracts and
documents, to set up a reimbursable account, 615- 000 -115 -3042, "Federal Forfeiture Fund —
Miscellaneous Receivables."
BACKGROUND AND ANALYSIS:
The Police Department has applied for and has received approval for a traffic safety grant from
the Florida Department of Transportation for $42,000.
The Police Department has identified that the number of traffic crashes and traffic crashes with
injuries has significantly' increased on U. S. Highway #1 and within a three block radius within the
City of South Miami over the last three years.
This grant will provide for a fully equipped police vehicle, mobile data terminal, moving /stationary
radar unit and a hand -held laser radar unit.
The Police Department will continue its S. T. O. P. program. This includes daily traffic details
with monthly blitz's in problem areas in the identified area of the grant. This will increase
visibility and traffic' enforcement in an effort to reduce traffic crashes and traffic crashes with
injuries within the identified area.
_D_E7!"l1AAAiT_F�XTT1 A TT(1XT.
Approval is recommended.
I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE ACCEPTANCE OF A TRAFFIC SAFETY GRANT FROM
THE FLORIDA DEPARTMENT OF TRANSPORTATION FY
2001/2002 OF $42,000; AUTHORIZING THE CITY MANAGER
TO EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS, TO SET UP A REIMBURSABLE ACCOUNT,
615-0000-115-3042, "FEDERAL FORFEITURE FUND —
MISCELLANEOUS RECEIVABLES' AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Police Department has received a Traffic Safety Grant from the Florida
Department of Transportation; and
WHEREAS, the number of traffic crashes and crashes with injuries has significantly
increased on U. S. Highway #1 and within a three blocks of radius within the City of South Miami
over the last three years; and
WHEREAS, the Police Department will use grant funds to purchase a fully equipped
police vehicle, mobile data terminal, moving/stationary radar unit and 'a hand-held laser radar unit;
and
WHEREAS, the Police Department will continue its S. T. O. P. program in an effort to
increase, 'traffic enforcement and visibility to try and reduce traffic crashes and traffic crashes with
injuries within the identified area;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
EISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is authorized to execute applicable
contracts and documents for the Traffic Safety'Grant FY 2001/2002 from
the Florida Department of Transportation.
Section 2.
Section 3.
The City Manager be, and hereby authorized to direct the Finance Director
to set up a reimbursable account from the Federal Forfeiture Fund.
That this resolution be effective immediately after the adoption hereof.
1
2
3
4
5 PASSED AND ADOPTED this
6
7
8
9. ATTEST:
10,
11
12
13 CITY CLERK
14
15
16 READ AND APPROVED AS TO FORM:
17
18
19
20 CITE ATTORNEY
21
day of _
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
2001.
City of South Miami
Police Department
INTER - OFFICE MEMORANDUM
TO: Mayor and City Commission Date: December 14, 2001
FROM: Charles Scurr Re: Agenda Item #
City Manage Comm. Mtg. December 18, 2001
Purchasing One Ford Crown Victoria
REQUEST:
The Police Department is requesting to purchase one 2002 Crown Victoria Police Vehicle, under
a Traffic Safety Grant from the Florida Department of Transportation.
BACKGROUND AND ANALYSIS:
The Police Department received a Traffic Safety Grant from the Florida Department of
Transportation for one fully equipped traffic enforcement vehicle. The grant was awarded due to
a significant increase in traffic crashes and crashes with injuries over the last three years, along U.
S. Highway 01, and within a three block radius within the City of South Miami. The acquisition
and utilization of this traffic enforcement vehicle will increase visibility and with the enforcement
of traffic vio,'lations in the area of U. S. Highway #1 will reduce the number of traffic crashes. It
will provide 'for a safer area for the motorists in the City of South Miami.
The Police Department is requesting to purchase this vehicle from Duval Ford, under the Florida
Sheriff's Association bid 01-07-0913. The cost of the vehicle is $20,478, from account 615 -
0000 -115 -3042, "Federal Forfeiture Fund Miscellaneous Receivables."
With this purchase account number 615- 0000 -115 -3042 will show:
Current Balance'; $42,000
Purchase Item: $20,478
New Balance: $21,522
RECOMMENDATION:
I recommend the approval of this purchase.
""- "f�771"T`F Fr-- T-- .rrz -=-
j
Date
Attn: �/ /lam tQ�2�i. .' Oantract No. 070- 001- -99- -1
we appreciate your interest in the 2001 State of Florida General Services Contract. The
following covers the items we discussed:
t l�' 06� MOO( 1 SL
e a C�o
Sincerely,
FAX NO. (904) 387 -6816
P.O. Box 7687 W 6 Cassat Avenue Jacksonville, FL 32238 - Telephone 9041388 -21'44
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE CITY MANAGER TO DISBURSE A SUM $20,478 FROM
ACCOUNT NUMBER 615- 0000 -115 -3042 (FEDERAL
FORFEITURE FUND MISCELLANEOUS RECEIVABLES) TO
DUVAL FORD FOR THE PURCHASE OF ONE FORD CROWN
VICTORIA POLICE PURSUIT VEHICLE UNDER A GRANT
FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
WHEREAS, the Police Department has received a Traffic Safety Grant from the Florida
Department of Transportation for the acquisition of one equipment traffic enforcement vehicle;
and
WHEREAS, the number of traffic crashes and crashes with injuries has significantly
increased on U. S. Highway #1 and within a three block radius within the City of South Miami
over the last three years; and
WHEREAS, this traffic vehicle will be utilized to increase visibility and the enforcement of
traffic violations in the above described area, thus reducing the number of traffic crashes; and
WHEREAS, Duval Ford is an awarded bidder under Florida Sheriff's Association Bid
#01 -07 -0913 for police pursuit vehicles;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is authorized to disburse the sum
$20,478 to Duval for the acquisition of one Ford Crown Victoria Police
Pursuit Vehicle. That the disbursement be charged to account number
615- 0000 -115 -3042, "Federal Forfeiture Fund Miscellaneous
Receivables."
Section 2. That this resolution be effective immediately after the adoption hereof.
1
2
3
4
5 PASSED AND ADOPTED this
6 -
7
8 ATTEST:
9
10
11 CITY CLERK
12
13
14 READ AND APPROVED AS TO FORM:
15
16
17 CITY ATTORNEY
18
19
_z-�
day of
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Fehu:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Russell:
(!01111
CITY OF SOUTH MIAMI
my INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: December 14, 2001
Agenda Item # N
From: Charles Scuff Re: Comm. Mtg. 12/18/2001
City Manager
e.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 48 MONTH
LEASE AGREEMENT WITH PITNEY BOWES, FOR A POSTAGE MACHINE FOR AN
AMOUNT NOT TO EXCEED $16,224.00; CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 1320- 513.4420 TITLED "LEASE PURCHASE- POSTAGE MACHINE;"
AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City's lease with Star Business expires on January 20, 2002.
Quotes were obtained from the following vendors in accordance with city competitive bidding
procedures based on a 48 -month lease:
1. Star Business $16,344.00
2. Pitney Bowes $16,224.00
3. Neopost (did not respond)
Pitney Bowes is the lowest quote. They will provide maintenance on their equipment for the
term of the lease. They will also include in the lease amount any postage rate change chips for
the meter at no additional cost. Among other features, it will also be able to keep track of usage
by department by the installation of software in a PC at Central Services.
Funds for first year are included in fiscal year 2001/2002's budget, under account 001 -1320-
513;47-10, Printing/Binding/Photo copy.
Current balance in this account is $4,500.00
RECOMMENDATION
I recommend approval.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO A 48 MONTH LEASE AGREEMENT WITH PITNEY BOWES, FOR A
POSTAGE MACHINE FOR AN AMOUNT NOT TO EXCEED $16,224.00;
CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 1320 - 513.4420
TITLED "LEASE PURCHASE - POSTAGE MACHINE;" AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the United States Postal Service in 1998 requires that
all postage meters be electronic which will provide a higher security
protection level of postal revenues.
WHEREAS, our current mailing equipment lease with Star Business
will expire on January 20, 2002.
l'8 WHEREAS, quotes were obtained from the following vendors in
19 accordance with city competitive bidding procedures based on a 48-
f0 month lease term:
r1
?'2 1. Star Business $16,944.00
?',3 2. Pitney Bowes $16,224.00
?'i4 3. Neopost (no response)
i>5
?'16
WHEREAS, Pitney Bowes is the lowest quote.
:;7
?8
WHEREAS, for the term of this agreement Pitney Bowes agrees
to
�9
perform emergency maintenance, and repairs of all component parts
of
S!0
the Pitney 'Bowes mailing system.
51,1
;12
WHEREAS, the lease contract shall be effective January 21, 2002
313
through January 20, 2006.
;I4
'rl$
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE
S'I6
CITY OF SOUTH MIAMI, FLORIDA:
S7
S18
Section 1. The City Manager be, and hereby is authorized
to
ii9
disburse the total sum of $16,224.00 to Pitney Bowes for the term
of
�I0
the lease contract as follows: Disbursement for the first year in
the
amount of $4,056.00, second year in the amount of $4,056.00, third
year in the amount of $4,056.00 and fourth and final year in
the
amount of $'4,056.00. All future budgets will reflect the annual lease
amounts.
�5
�6
Section 2. That this budgeted disbursement be charged
to
E,7
1320 - 513.'4420 (Lease purchase- postage machine).
118
I Continuation Pitney Bowes mailing system Resolution
2
3
4
5 Section 3.
6 upon approval.
7
8
9
This resolution shall take effect immediately
10 PASSED AND ADOPTED this day of 2001.
11
12
13 ATTEST: APPROVED:
14
15
16
17
18 CITY CLERK MAYOR
19
!21 READ AND APPROVED AS TO FORM:
22
23
24
25
26 CITY ATTORNEY
127
:ij I LL
Pitney Bowes
07, TF Miami Lakes District Office
BUSINESS SOLUTION
FOR
CITE'
OF SOUTH 1NIIAMI CENTRAL SERVICES
OPTION t
i ;
hine
Automatic TMailing Machine
701
3011; Electronic Scale
B900
Postage By Phone
tA1 93
100 accouit
S33 8.00!4S ii3o ltt2s 4�
OPTION 2
I ',�7
Autoinatic Mailing Machine
701
3011 Electronic Scale
U900
Postage By Phone/10 accts
S31 ?.001=18 months
OPTION 3
E595
Automatic Mailing Machine
-R01
301b Electronic Scale
B'00
Postage By Phone
BA91
100 account Soto` are & printer
$282.00148 months
Both Options have
FULL MAINTENANCE CE (parts & labor i
Free resets for Postage By Phone meter
Fir ce, SoftGuard (carrier
rate changes
Cll T011IER SATISFACTION
GA4NTEE
14361 Co_ mmerce Way
Miami Lakes, FL 33016 -1585 1 -800- 322 -8000
P itney Bo wes
Customer Satisfaction G uaran tee 5M
Pitney Bowes Mailing, Systems is committed to providing our customers with the finest products backed
by the highest quality care and service.
As long as you continually maintain coverage with a Pitney Bowes equipment maintenance agreement/
software maintenance agreement after warranty, Pitney Bowes promises to provide you the following:
Guaranteed Equipment Performance - For all new products we guarantee the equipment will perform to
our specifications for the initial term of the lease or three years if purchased. If, during that period, the
product does not perform to our specifications and we cannot repair it, we will replace it with a comparable
product. If during the first ninety days after installation, a replacement product does not perform as specified,
you will be entitled to a full refund. Should a malfunction occur due to the use of non - Pitney Bowes
consumable supplies or unapproved software /hardware modifications,' this guarantee will not apply.
Guaranteed Nationwide Service - Our nationwide service force will respond to service and preventive
maintenance requests as part of your equipment maintenance agreement. if we find that we cannot return
your equipment to a satisfactory operating condition within a reasonable time, where appropriate, we
will provide you with a comparable loaner at no additional cost.
Free Help Line Support - for customers with products that are supported through our Diagnostic Center,
technicians will help diagnose system �r ^�;1en� ;. Many times this solves the problem immediately. If your
problem can't be res &'vet. fl �, N"11 dispatch "a service representative to y u sl�Z.
Rafe Replacement Support - With our ability to accommodate over a dozen carriers, we are your rate
information resource. Also, should you select our SOFT - GUARD@) Rate Protection Plan, we guarantee that
you will not be charged for unexpected' rate changes for the rates in your plan.
Operator Productivity and Management Excellence For all products that we install, we certify our skilled
professionals will effectively train' your operators at the time of installation. Furthermore, if you attend our
acclaimed Mail Ma: nagement Seminar, we will train your employee(s) on the latest and most efficient use
of postal services.
Flexible Leasing', Plans 7Through Pitney Bowes Credit Corporation, we provide a wide range of leasing
programs tailored to the individual needs of your business.
Postage Guarantee - We guarantee emergency postage advances for qualified POSTAGE BY PHONED
system customers. This;,service is available, for a fee, Monday through Saturday and allows you to have
sufficient funds to meet ,your mailing needs.
At�Pitney Bowes, we are committed to maintaining long -term partnerships with our customers. If our local
office has been unable to satisfy you, I would like to hear from you.
Please call my office a! t 1 -800- 622 - 2296. We won't be satisfied until you are satisfied.
Pitney Bowes
Mailing Systems John N. D. Moody
President, Pitney Bowes Mailing Systems
(9 2/1/95 Pitney Bowes AD 10807 R1 -95
CITY OF SOUTH MIAMI
Nov 7, 2001
Ms, Kathy L_ Vazquez'
Purchasing Manager
Dear Ms. Vazquez.
Thank you for giving Star BuSines� Syste1115 the opportunity to serve your IM61ilm- acid
shipping needs. Please tired on the following pages thy: iTivestraent �Lrtnzl3rtiry, which
addresses all the needs and c:oncenis that you shared with me.
Ascom Hasler 350 plus system
€' M
_ic, mail processing and accbuntinc
pity codes
i
e rune rrograrnmable Keys
. Double - Rollersealing m°chanisrn
J t . Long- lasting Ink cartridges
• T 3M S Porage replenishment
• Automatic Feed & Sealer
• 200 Pieces per n inUte
• interface with Widows 95/98,1Ntconipatible
Automatic batch Iahles
• 30 LB interface Scale
+ Accounting Mail management reports
Total cost
Total lease cost based on five -year contract
10% Uayout at end of feast
320 Buyout included
Total lease cost based on four year contract
$ 10.899
$ 321.00
$ 3-53.(10
11.21 UL 10;11 FA1 [x.001
PROPOSAL II
ASCOM HASLER 320 PLUS
Full Automatic Mail System
Full Automatic Feeder
• 30 LE Interface Scale!AccountlIIa
$ 2770.00
Total Buyout cost
Total lease cost 60 maths
$ 24$.00
Total lease cost 48 months
$ 280.00
CONTRACT LNCLVDED=
Service Azeement
alter rental A`reement
No reset Charges;
atC j?TC?lBCt10n T3[e
�kSCOXI fLkSLER 335 new
Full Automatic '_flail System
s bull Automatic Feeder
® 200 P /minute
• 30 Lb Scale
• A,ccountiug Package
Total Cost
$ 9.635.00
Total lease cast 60 Month lease
$ 301.00
370 Buyout Included
$ 3.35.00
Total lease cost 48 months
STAR BUSLVESS SYSTE IS'S TR.4ViNED
SERVICE TECILNICIA.NS PROVIDE
RESE;O NSiVE, ON SITE SEVICE.NNIE
FEATURE A CONAPREHENSIVE
nA. NTENANCE PROGRAM DESIGNED TO
DEIVER OPTIONAL E2UJPTNIEiVT
PERFOR-1\ZANCE AND LONGEV IY. STAR BUSL 1ES S PROTECT YOUR
INVESTMENT AND PROVIDE x'01.? WiTt-I SIGNI1 ICANT BENEFITS:
papa �f
$
Si :410 VAIR
c
1: A
y4x,
IoV
a�ae
21
"g
YSn
-SIM2,
Nd"
"g
Just look at all the U570 has to offer...
Productive high -speed processing — feeds, seals
meters and stacks up to 175 envelopes per minute.
Superior sealing ensures security — with the new
Aqua- Trail` "' sealing system, the 0570 provides
peace of mind that the contents of your envelopes
are . afe.
Processes a variety of mail — the unique, wide
letter deck easily handles white mail, postcards or
9" x 12" envelopes — all automatically!
Processes parcels — provides wet or dry tapes for
packages or over -sized mail.
Easy -to- operate control panel — "Clear Counters"
and "Check Meter Date are typical operator
prompts used to assure error -free processing.
Tracks output - with resettable counters that record
the number of letters, tapes and total
The U570 Is Versatile, Fast gnu ra�..r.�t
With Productivity Enhancing Features! U570 monitors your production.
The new, U570 Mail Processing System improves
mailroom productivity by providing highly efficient
metering and postage expense control, along with
extensive rating and accounting capabilities. This
innovatively designed system integrates the latest
in mailing machine technology, the convenience of
our POSTAGE BY PHONE" Meter Resetting System
and the electronic accuracy of our new, Integra TM
Electronic Scales.
It's a reliable system —from a company you can
count on. Backed by over 75 years experience, the
U570 provides maximum uptime and performance.
Pitney Bowes offers a variety of productive furniture
systems to assure that your 0570 Mail Processor
performs at optimum levels.
Wide letterdeck for automatic handling Simple control panel for cosy operotion. optical sensor tracks me ",' flow to
oflorge envelopes. maximize throughput
Opera -, orompts For error
rcc°_
Electronic Metering Provides Flexibility... An INTEGRA T11 Scale Adds Versatility
Managing postage expense is an important task for
most businesses, and the 0570 offers a choice of
meters r fc'.J ,s, to meet your specific needs.
-c postage again — with POSTAGE
BY PHONE' resetting... it virtually eliminates Post
Office trips by enabling you to fill your meter in
less than 50 seconds with a toll-free call.
Keep track of postage expenses — down to the
penny. Many of our electronic meters track post-
age for up to 10 accounts as a standard feature,
and expanded accounting options are available.
Guard against returned mail — with our Smart
Dating"' option. An internal calendar alerts you if
the date is not set properly,
.urge capacity tape roll for
rocEssing parcels.
z
_1�;Trl
3111
Meter imprint control for positioning
indlicio when handling thick mail.
Mailing operations are faced with large envelopes or
small parcels that must be processed. A 151b. capacity
Integra TI 0, these applications easily.
Solite c,1,1 E,.".-pente —through precise elec-
tronic weighing. Independent surveys suggest
these savings can be as high as 20%.
Get the best rates — for your material. The IntegraT11
15 has both USPS and UPS rates and fees built in.
It's easy to operate — with an 8 line graphic dis-
play, operator prompts, and 5 preset job keys.
Increased efficiency —the Differential Weighing
option enables you to stack mailpieces or parcels of
differing weights on the scale. As you remove any
piece, the meter is set and the tape is printed,
Removable tape moistener for
easy cleaning.
Automatic ink priming for consistent
quality imprints.
Power Stacking Increases Productivity
We Guarantee Your Satisfaction
Even More
At Pitney Bowes Mailing Systems, we are committed to
Adding an optional, Power Stacker, triples the stack-
providing our customers with the finest products backed
ing capacity compared to the standard output tray,
by the highest quality service, and we won't be satisfied
This gives the operator more time to perform other
until you are satisfied. Ask your sales representative for
tasks, thereby dramatically increasing productivity.
more information about our Customer Satisfaction
raUBrante,,, T1
--70 Specifications
'=dimensions: 331E x 21.5 "W x 15;5 "H
"_i",ICe Professionals are Ready
(58.51 w /power stacker)
When You Weed Them
Stacking Tray 9 1/71
If you do need service, our nationwide service network
Weight: 110'lbs. (160 ibs. w /power stacker)
of 2000 trained Pitney Bowes service professionals is
Power: 115 VAC, 50/60 Hz
there to help. Our Computer Enhanced Service Man -
agement System lets us record your service request.
Integral'`' 1 Specifications
instantly call up a complete history of the equipment.
Dimensions 12.751 x 10.51V x 3.3 "H
and quickly dispatch a local Customer Service Repre-
Weight: 5.5 lbs.
sentative with the right skills.
Power: 115 VAC, 50/60 Hz
Pitney Bove
World s Head uarter
q II
Stamford, CT 06926 ' :07bo ,,,
For more information cal:
1 -800 MR BOWES
1- 800 - 672 -6937
Ask for program number 8500.
C? Riney Bodes 1999 An E (ival Ccno t� 'v ,Ayer
V /W`N.p31'netftJ'ON /BS.COT71
I
,rrT_�- .,-- . —�-...
'.
Pitney Bowes
N Ynur Rusimcq information
Rental Account #
60 4
v
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Equipment &- Services Description sgopP r oesmoto, fNew, tewnabmecd Dww, NemyRen„&dcmrey
FULL LEGAL NAME OF RENTER 1
A NAME
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CITY r
STATE
ZIP +4 3�
PHONE # o ~
CONTACT NAME .4-
SEND INVOICE TO ATTN OF
EQUIPMENT LOCATION IF NOT SAME AS ABOVE ,
CI cYr�
STATE /4—
ZIP +4 7 %
CREDIT CARD # EXP DATE
NAME ON CARD
TYPE
TAX EXEMPT #
SALES TAX IF APPLICABLE)
FISCAL FUNDING PERIOD FROM TO
RENTER PO #
C�n Your Business Needs
Qty
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Equipment &- Services Description sgopP r oesmoto, fNew, tewnabmecd Dww, NemyRen„&dcmrey
$ ,
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$
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$
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� • / tl� I'v+�
�
Z
Ce� Your Payment Plan
Initial Rental Term Billing
Frequency Y Monthly ❑Quarterly ❑Other (specify_
Initial Check Amount $
PRINT NAME
CEO
CHECK ITEMS TO BE INCLUDED IN YOUR TOTAL RENTAL PAYMENT
�I Equipment Maintenance Agreement On Rental
l Soft - Guard Agreement
Software Maintenance Agreement
Cep Meter On Rental
❑ Rentor Retains Tale
Rental Terms and Conditions
By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule
attached hereto (the "Equipment ") for business or commercial purposes. Your offer will be binding on us when we accept
it by having an authorized employee sign ff. All payments hereunder shall be payable only to us at our executive office,
unless we direct you otherwise in writing.
1. NON- APPROPRIATION: You warrant that you have funds available to pay the Total Payments until the end of your current
appropriation period, and shalt use your best efforts to obtain funds to pay the Total Payments in each subsequent
appropriation period through the end of your Initial Term. If your appropriation request to your legislative body, or funding
authority ( "Governing Body ") for funds to pay the Total Payments is denied, you may terminate this Agreement on the last
day of are appropriation period for which funds have been appropriated, upon: 0 submission of certified copies of your
funding request and the Governing Body's denial of the appropriation request, and O satisfaction of all charges and
obligations under this Agreemerrt incurred through the end of the appropriation period, including the return of the Equipment
at your expense. If you terminate this Agreement and return the Equipment under this Section, you shall not purchase or
rent equipment performing substantially similar functions to those performed by the Equipment for a period of one year
following termination.
TITLE
PB ACCOUNT REP NAME EMPLOYEE # DISTRICT NAME & #
PB ACCEPTED BY TITLE DATE
EXECUTIVE OFFICE 27 WATERVIEW DR • SHELTON, CT 06484 -4361 • EQUIPMENT VENDOR: PITNEY BOWES INC. - FOR SALES AND SERVICE CALL 1- 800 - 322 -8000
WHITE COPY PBCC • PINK COPY PITNEY BOWES INC. • YELLOW COPY CUSTOMER
PAGE 1
PB SLR2 (3 /00)
SEE PAGES 2 & 3 FOR ADDITIONAL TERMS AND CONDITIONS
First
$ ,
Next
$
Next
$ _
Next
$
Next
$
Initial Check Amount $
PRINT NAME
CEO
CHECK ITEMS TO BE INCLUDED IN YOUR TOTAL RENTAL PAYMENT
�I Equipment Maintenance Agreement On Rental
l Soft - Guard Agreement
Software Maintenance Agreement
Cep Meter On Rental
❑ Rentor Retains Tale
Rental Terms and Conditions
By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule
attached hereto (the "Equipment ") for business or commercial purposes. Your offer will be binding on us when we accept
it by having an authorized employee sign ff. All payments hereunder shall be payable only to us at our executive office,
unless we direct you otherwise in writing.
1. NON- APPROPRIATION: You warrant that you have funds available to pay the Total Payments until the end of your current
appropriation period, and shalt use your best efforts to obtain funds to pay the Total Payments in each subsequent
appropriation period through the end of your Initial Term. If your appropriation request to your legislative body, or funding
authority ( "Governing Body ") for funds to pay the Total Payments is denied, you may terminate this Agreement on the last
day of are appropriation period for which funds have been appropriated, upon: 0 submission of certified copies of your
funding request and the Governing Body's denial of the appropriation request, and O satisfaction of all charges and
obligations under this Agreemerrt incurred through the end of the appropriation period, including the return of the Equipment
at your expense. If you terminate this Agreement and return the Equipment under this Section, you shall not purchase or
rent equipment performing substantially similar functions to those performed by the Equipment for a period of one year
following termination.
TITLE
PB ACCOUNT REP NAME EMPLOYEE # DISTRICT NAME & #
PB ACCEPTED BY TITLE DATE
EXECUTIVE OFFICE 27 WATERVIEW DR • SHELTON, CT 06484 -4361 • EQUIPMENT VENDOR: PITNEY BOWES INC. - FOR SALES AND SERVICE CALL 1- 800 - 322 -8000
WHITE COPY PBCC • PINK COPY PITNEY BOWES INC. • YELLOW COPY CUSTOMER
PAGE 1
PB SLR2 (3 /00)
SEE PAGES 2 & 3 FOR ADDITIONAL TERMS AND CONDITIONS
r
i 1AP1.01
Offers benefits such as ...
... Non - Appropriation
Y Customized Billing
■ Purchase Order Acceptance
■ Simplified Documentation
■ Credit Card Acceptance
... and much more!
Please contact us if you have any questions or comments.
Equipment Sales, Service and Installation ..........1- 800 -322 -8000
----- - - - - -- ----------------------- - - - - -- - - - - -- ------------- - - - - -><� - --
Pitney Bowes Inc.
State and Local Government Term Rental Agreement
To State and Local Government Agency:
If you are not permitted to sign the Pitney Bowes Inc. State and Local Government Term Rental Agreement,
but instead must issue a purchase order to Pitney Bowes Inc. in order to rent the equipment under this
agreement, the following language must appear in the body of your purchase order:
"This Agency is obtaining the equipment as described in the Pitney Bowes Inc. State and Local Government
Term Rental Agreement #PB SLR2 (3100), and the terms and conditions of the Agreement shall govern this
transaction. "
PB SLR2 (3/00)
3 �
K
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: ' December 14, 2001
FROM: Charles D. Scurr foo? RE: Agenda Item # 1 1
City Manager APPROVAL TO AMEND ORDINANCE
"COMMERCIAL WASTE
COLLECTION - FRANCHISE"
The attached ordinance seeks approval to amend the existing "commercial waste collection fee
schedule ".
BACKGROUND
The administration recommends amendment to the existing ordinance (13- 98- 1661), sections 11-
2, 11 -4 and 11 -10 of Chapter Eleven of the Code of Ordinances to amend and provide proper
fees and reporting requirements to the City.
In order to compensate the city properly, additional new services have been identified and
recommended, with the appropriate charges, and increase the franchise fee to an adequate level.
RECOMMENDATION
The proposed changes are necessary to include other services and franchise fee revenues which
are included as part of this year's fiscal budget. Therefore approval of the attached ordinance is
recommended.
Attachments
�, +a :�., p,.: cr— '3 -.-�.. -r ..... _'— '- "f'-p� , iTm-u. .��`:':'art�� "�'�?�,3.'.�:��. -�'•� ,,�n� ,'c ��cG�"� '�,e'.�zc...? %, :'�i,:, ^�'�; -m":"?Ti,�r.. ;�a',m :'C'i`sx -^er. r v`r�t+�-m�?sr�c°r.�, Trir:^ ,aa- *m�+^..:;m�.��F� �.1e �r�ss
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE; AMENDING SECTION
11 -2; 11 -4; AND 11 -10 OF THE ,CODE OF ORDINANCES ENTITLED "REFUSE
COLLECTION FEE SCHEDULE; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami both maintains a Public Works Department and oversees
private collection services in regard to refuse and garbage collection in the City; and
WHEREAS, the administration recommends an amendment to Sections 11 -2, 11 -4 and 11 -10 of
Chapter Eleven of the Code of Ordinances to provide for proper fees being paid to the City for services
provided.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That Chapter Eleven of the Code of Ordinances is hereby amended as follows:
Sec. 11 -2. Franchise Required.
It shall be unlawful for any private person, firm or corporation to engage in the business of
collecting garbage or solid waste within the city, without a valid franchise from the city. A franchise is
required for all companies collecting the categories of waste defined in Sec. 11 -4, specifically including
but not limited to': Construction and Demolition Debris Biomedical and Biohazardous Waste, Biological
Waste Commercial' Solid Waste Garbage Hazardous Waste Industrial Waste; Infectious Waste, Loose
Refuse Refuse Solid Waste and Special Waste Companies whose sole business is recycling are not
included. It shall be unlawful for an owner or lessee of any commercial property ' located within the city
to contract with a person to collect garbage or solid waste in the city unless the person possesses a current,
valid franchise from the city.
Sec. 11 -4 Definitions
Biomedical /Biohazardous waste shall mean any solid waste or liquid waste which may present a
threat of infection to humans. The term includes but is not limited to, non - liquid human tissue and body
parts; laboratory and veterinary waste which contains human disease causing agents; used disposable
sharps, human blood, and human blood products and body fluids; and other materials which in the
opinion of the department of health and rehabilitation services represents significant risk of infections to
persons outside the generating facility.
residences.
Construction and Demolition Debris shall mean and include all waste requiring collection and
disposal including; but not limited to materials which are recyclable, from any construction or renovation
site located within the City.
Additions shown by underlining and deletions shown by ig
1 Permit Per Account Fee shall mean the annual charge assessed by the city to nonexclusive
2 franchises for each account with whom they contract for the provision of services.
3
4
5
6 Temporary Roll -Off /Container Fee shall mean the one time charge paid, per account, to the City
7 for each large container and /or roll -off utilized by franchisees to provide contracted removal and disposal
8 of waste from commercial construction and demolition renovation and other similar accounts.
9
10 Special Waste shall mean solid wastes that can require special handling and management,
11 including but not limited to, radioactive materials, asbestos, whole tires, used tires, used oil, lead acid
12 batteries, mercury lights and biological wastes.
13
14_
15 Sec. 11 -10 Fees; Reporting Requirements
16
17 (a) Franchise Fee
18
19 (1) In order to compensate the City for the use of its streets, alleys, roadways and other property,
20 and for wear and tear, each franchisee shall pay the City an annual fee of $5,000. In addition
21 the franchisee shall pay to the City, a franchise off 4-5-14 20% of the franchisees' gross
22 receipts from accounts within the City serviced by franchisee.
23
24
25 (b) Reporting Requirements; Fee For Underpayment
26
27 (3) If any audit or examination discloses an underpayment to the City greater than 4-50420% of a
28 required payment, in addition to payment of the underpayment, the franchisee shall pay for the
29 expenses of the audit and a penalty equal to three times the underpayment.
30
31 (e) Permit per Account Fee
32
33 (1) Franchisee agrees to remit to the city a Permit per Account Fee of $50.00 for each account
34 contracted with of which no more then $25.00 maybe passed on to the commercial business.
35
36 (f) Roll -O�f /Container Permit Fee
37
38 (1) Franchisee agrees to remit to City a Roll- Off /Container Permit Fee in the amount of $50.00,
39 per account for temporary (not to exceed 90 days) roll -off container(s) utilized by franchisee in
40 the course of its provision of construction renovation and demolition material collection and
41 disposal.
42
43
44 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held
45 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of
46 the remaining portions of this ordinance.
47
48 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
49 ordinance are repealed.
Additions shown by underlining and deletions shown by eveI
1
Additions shown by underlining
2
3
Section 4. This ordinance shall take effect immediately upon approved.
4
5
6
PASSED AND ADOPTED this
_ day of 52001.
7
8
ATTEST:
APPROVED:
9
10
11
CITY CLERK
MAYOR
12
13
1" Reading
14
2nd Reading
15
COMMISSION VOTE:
16
READ AND APPROVED AS TO FORM:
Mayor Robaina:
17
Vice Mayor Feliu:
18
Commissioner Wiscombe:
19
CITY ATTORNEY
Commissioner Bethel:
20
Commissioner Russell:
21
22
23
Additions shown by underlining
and deletions shown by evefstfil
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
S
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
CITY OF SOUTH MIAMI
and Legal Holidays) newspaper, published at Miami in- Miami -Dade
NOTICE OF PUBLIC HEARING
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct a Public Hearing during its regular City
Commission meeting TUESDAY, DECEMBER 18, 2001 beginning at
7:30 P.M., in the City Commission Chambers, 6130 Sunset Drive, to
consider the following described ordinance(s):'
CITY OF SOUTH MIAMI - PUBLIC HEARING 12/18/01
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
ORD. RELATING TO SOLID WASTE, ETC.
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
SOLID WASTE; AMENDING SECTION 11 -2; 11 -4; AND 11 -10
OF THE LODE OF ORDINANCES ENTITLED "REFUSE COL
in the XXXX Court;
LECTION FEE SCHEDULE "; PROVIDING FOR SEVERABILI-
was:I blished in said newspaper in the issues of
p
TY ORDIN '; CES IN CONFLICT AND AN EFFECTIVE DATE
1'07r'2001`
Said oruinG:ices can be inspected in the City Clerk's Office, Monday -
Friday during regular office hours.
Affiant further says that the said Miami Daily Business
Inquiries concerning these items should be directed to the City Manag-
Review is a newspaper published at Miami in said Miami -Dade
er's office at: 663 -6338.
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
ALL interested parties are invrte:d to attend and will be heard.
Florida, each day (except Saturday, Sunday and Legal Holidays)
Ronetta Taylor, CIVIC
and has been entered as second class mail matter at the post
City Clerk
office in Miami in said Miami -Dade County, Florida, 'for a
Gity of South Miami
period of one year next preceding the first publication of the
'
attach opy of avertisement; and affiant further says that she
'
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
eith r paid nor promised any person, firm or corporation,
lic that if a person decides to appeal any decision made by this Board,
y disc nt, rebate, commission or refund for the purpose
Agency or Commission with respect to any matter considered at its meet -
will a record of the proceedings, and that for
f secs ng this advertisement` for publication in the said
ing or hearing, he or she need
affected person may need to ensure that a verbatim record
ews per:
such purpose,
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
12/7 01- 3- 56/219337M
or to and subscrib fo a this
07 f D E B D 2001
!f h'tFIP I. MESA
(SEAL) I :w (. .. AiYCG�U, ",1.�5,CPl "CC °650
y EXPln a ttf arch 4, 2004
SOOKIE WILLIAMS per brYd����bvn4QJl iejNotary Pi._I-cfndeRO -rs
SO UT South Miami
Ail AmeicaCRY
s :INCORPORATED
",7 �.
C0Rio�
2001
Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: December 18, 2001
and City Commission
From: Charles Scurr fae Re: Agenda Item
City Manager Amending Ord. No. 8 -99 -1682
Extending parking modifications
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND
DEVELOPMENT CODE, SPECIFICALLY REGULATIONS DEALING
WITH PROVISIONS THAT ALLOW FOR THE REDUCTION OF
REQUIRED OFF - STREET PARKING, BY AMENDING ORDINANCE NO.
8 -99 =1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE (9)
MONTHS THE MODIFICATIONS MADE TO SECTION 20-7.6(B), AND
THE SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H),
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
In May 1999, the City Commission adopted - Ordinance No. 8 -99 -1682, which modified and
suspended certain provisions of the Land Development Code dealing with reductions in off- street
parking requirements. The ordinance was adopted in response to concerns about the impact of
the Shops of Sunset Place on parking in the downtown area. It was felt that certain provisions,
e.g., reduced parking near Metrorail and reduced ,parking based upon joint uses, should be
suspended for a period of nine months. In addition, the ordinance modified the parking
reductions allowed in the Hometown District so that during the same nine -month period only the
City Commission could approve parking reductions for large projects.( See Attachment for LDC
Sections modified/suspended)
The City Commission has on two occasions extended the effective period of the ordinance each
time for an additional nine months. This was accomplished by amending the May 1999
ordinance. The last extension approved in February, 2001 expired on August 6, 2001.
The purpose of the ordinance was to allow time for staff and citizens to reevaluate the City's
parking regulations and to make necessary changes. This evaluation is complete. The City's
Zoning Task Force has recommended a number of adjustments to the parking bonuses in the
Hometown Zoning District and the TODD zoning district. These recommendations; beginning in
Extending parking modifications
Commission Meeting. December 18, 2001
Page 2 of 2
January 2002, will be presented to the Planning Board and City Commission as part of an overall
redraft of the Land Development Code.
The Zoning Task Force at its last meeting on October 30, 2001, recommended that parking
modification and suspension ordinance be extended one more time for nine months. The attached
ordinance amends the original May 1999 ordinance by extending the modifications and
suspensions for an additional' period of nine (9) months.( to April 4, 2002)
CITY COMMISSION ACTION
The City Commission at its November 20, 2001 meeting approved the draft ordinance on first
reading by a vote of 5 ayes and 0 nays.
RECOMMENDATION
It is recommended that the proposed ordinance be adopted.
Attachments:
Proposed ordinance
Attachment: LDC Sections modifiedlsuspended
Ordinance No. 8 -99 -1682
Public Notices
NV
CDS /RGL/SAY
DAComm Items\2001 \12 -18 -01 \Extending Parking Moratorium Comm.Memo.doc
.�
1
2 ORDINANCE NO
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
6 SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE,
7 SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS THAT ALLOW
8 FOR THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING
9 ORDINANCE NO 8 -99 -1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE
10 (9) MONTHS THE MODIFICATIONS MADE TO SECTION 20- 7.6(B), AND THE
1I SUSPENSION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(I4) PROVIDING FOR
12 SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE
13 DATE.
14
15
16 WHEREAS, Sections 20- 4.4(G), 20- 4.4(H) and 20- 7.6(B) of the South Miami Land Development
17 Code all allow for a reduction in required off street parking; and
18
19 WHEREAS, the impact of the Shops of Sunset on the downtown parking supply has highlighted the
20 need to reevaluate parking regulations contained within the South Miami Land Development Code; and
21
22 WHEREAS, the City Commission at its meeting on May 4,1999, adopted Ordinance No. 8 -99 -1682,
23 modifying and suspending the Land Development Code sections referred to above' for a period of nine
24 months ;and
25
26 WHEREAS, the City Commission at its meeting on April 18,2000, adopted Ordinance No. 11-00 -
I
27' 1713, which extended' for an additional nine months the modifications and suspensions of the Land
28 Development Code sections referred to above; and
29
30 WHEREAS, the City Commission at its meeting on February 6, 2001 adopted Ordinance No. 6 -01-
31 1737, which extended for an additional nine months the modifications and suspensions of the Land
32 Development Code sections referred to above; and
33
34 WHEREAS, the purpose of the modifications and the suspensions was to afford staff and citizens an
35 adequate time period to reevaluate the City's parking regulations and propose any necessary changes ;and
36
37 WHEREAS the City Commission appointed Zoning Task Force is in the process of reviewing the
38 Land Development Code including the Hometown District and the Off- Street parking regulations; and
39
40 WHEREAS, the necessary evaluation and studies are now sufficiently completed to determine what
41 amendments are needed; and
42
43 WHEREAS, ; it is appropriate to provide an additional nine(9) months to review the specific
44 amendments of the Land Development Code pertaining to parking reductions; and
45
46 WHEREAS, the City Commission desires to enact the aforesaid ordinance.
47
48 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
49 THE CITY OF SOUTH MIAMI, FLORIDA:
50
51 Section 1. That Section 1 of Ordinance No. 8 -99 -1682, adopted by the City of South Miami City
52 Commission on May 4, 1999 is hereby amended to read as follows:
53
I Section 1: The automatic parking adjustments allowed pursuant to Section 20- 7.6(B) of the South
2 Miami Land Development, entitled "Required Parking, " are hereby modified for a period offlkw
3 IV4 thirty six (36) months for the purpose of reviewing the effects and appropriateness of the
4 adjustment provisions on the future developments, as follows:
5
6 Section 2 That Section 2 of Ordinance 8 -99 -1682, adopted by the City of South Miami City
7 Commission on May 4,;1999 is hereby amended to read as follows:
8
9 Section 2: Section 20- 4.4(H), entitled "The MetroRail Usage Consideration via Special
10 Parking Permit," is hereby suspended for a period of } thirty six (36) months for the
11 purpose of evaluating the effects and appropriateness of this provision on future developments.
12
13 Section 3 That Section 3 of Ordinance 8- 99- 1682, adopted by the City of South Miami City
14 Commission on May 4, 1999 is hereby amended to read as follows
15
16 Section 3: Section 20- 4.4(G), entitled "Joint Use Spaces via Special Parking Permit," is
17 hereby suspended for developments within the boundaries of the Hometown District for a period
18 of 1) thin six (36) months for the purpose of evaluating the effects and appropriateness
19 of this provision on future developments within the Hometown District.
20
21 Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
22 or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
23 remaining portions of this ordinance.
24
25 Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
26 hereby repealed.
27
28 Section 6 This ordinance shall be effective immediately after the adoption hereof.
29
30
31 PASSED AND ADOPTED this day of , 2001.
32
33 ATTEST: APPROVED:
34
35
36 CITY CLERK MAYOR
37
38 1' Reading -
39 2nd Reading -
40
41 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
42 Mayor Robaina:
43 Vice Mayor Feliu
44 CITY ATTORNEY Commissioner Russell
45 Commissioner Bethel:
46 Commissioner Wiscombe
47
48
49 Note: New wording underlined; wording to be removed indicated by strike - through -.
50
51
52
53
— Q -
SECTION 20 -7.
Parking.(Homietown) NOTE; New wording underlined.
(B) Required Parking. Within the Hometown District, the following adjustments to the
number of parking spaces required by Section 20-4.4 (B) of the Code are provided:
(1) On- street spaces adjacent to a lot shall count toward the parking requirements for that lot;
a partial space longer than eleven (11) feet shall count as a full space.
(2) Where arcades are optional, buildings with arcades shall receive an additional five (5)
percent reduction in the required number of spaces.
(3) In addition to the above, one of the following may apply:
(a) Two-story buildings shall receive a fifteen (15) percent reduction in the required
number of spaces.
(b) Buildings of two (2) or more stories with uses from two (2) of the three (3) use
categories provided herein under "Permitted Uses," each use constituting
no less than thirty (30) percent of the gross floor area, shall receive a thirty
(30) percent reduction in the required number of spaces.
(c) Buildings of three (3) or more stories with uses from each of the three use
categories provided herein, each use constituting no less than twenty -five
(25) percent gross floor area, shall receive a forty -five (45) percent
reduction in the required number of spaces.
4 For new buildings greater than 250,000 sgft., changes of use and additions greater
than 10,000 square feet the allowable parking adjustments identified in
subparagraphs (22) and (3) above shall require the affirmative vote of four (4)
members of the City Commission and follow those procedures established for
special use permits as set forth in Section 20- 5.8(B) through (F), and shall follow
those procedures for public hearings set forth in Section 20 -5.1 through 20 -5.6.
5 For new buildings not exceeding 250,000 sgft., changes of use and additions not
exceeding 10,000 square feet the allowable parking, adjustments identified in
subparagraphs (2) and 3) above shall continue to be as provided.
Uses
Weekdays
Weekends
6 a.m.
through
6 p.m.
6 p.m.
through
6 a.m.
6 a.m.
through
6 p.m.
6 p.m.
through
12 a.m.
12 a.m.
through
6 a.m.
Office or
Bank
100%
5 %®
10%
5 %
5 %
Retail
60%
20%
60%
60%
5%
Hotel
50 %
60 %
60%
100%
75%
Restaurant
50%
75%
75%
90 % -
10%
Theater
10%
70% o-
60% 0
90%
10%
Nightclub
5 %
50%
5 %
100 %
90%
6 a.m.
through
6 p.m.
6 p.m.
through
6 a.m.
6 a.m.
through
6 p.m.
6 p.m.
through
12 a.m.
12 a.m.
through
6 a.m.
Apartment or
Townhouse
10 %
100 %®
75 %
100 %
100%
Other Uses
100%
100 %
100%
100% 0
100%
Method of Calculation:
Step 1. For each of the five (5) time periods, multiply the minimum number of
parking spaces required by Section 20- 4.4(B), Space Requirements.
Step. 2. Add the results of each column. The required number of parking spaces
shall equal the highest column total.
SECTION 20 -4,4 (H)
(H) IVletroPail Usage Considerations via Special Parking Permit. When all or a portion of a
proposed structure or use is to be located within one thousand five hundred (1,500) feet
of the South Miami MetroRail Station, as measured from property line to property line,
four (4) affirmative votes of the city commission may reduce the number of required off -
street parking spaces for such use by up to fifty (50) percent, depending upon the nature
and type of use and its potential user relationship to rapid transit facilities, as provided for
under Section 20- 4.4(J).
-1
2 8- 9g -iti82
ORDINANCE NO.
4 AN ORDINANCE OF THE MAYOR AND CITE' COMMISSION
5 CITY OF SOUTH MIAMI, FLORIDA. ,RELATING TO THE L T D
6 DEVELOPMENT CODE MODIFYIN AND SUSPENDING C LAND
7 PROVISIONS THAT ALLOW FOR THE REDUCTION OF REERT
8 P
PARKING SPACES, FOR A PERIOD OF NINE MONTHS ���y
9 ENABLING THE CITY TO ASSESS THE II�iPACT OF THE SHOPS i fl SUNSET PLACE ON THE DOWNTOWN PARKING SUPPLY,
PS
1i EVALUATE THE APPROPRIATENESS 'OF SUCH PROVISIONS 12 PREPARE NECESSARY_ AMENDMENTS PROVIDING ATtD
13 ORDINANCES IN CONFLICT SHALL NOT; BE Ii`t FORCE THAT
14 EFFECT DURING THIS TIME PERIOD; PROVIDING FOR
15 SEVERABILITY, ORDINANCES IN'CONFLICT, AND AN EFFECT R
16 DATE. EFFECTIVE
17
18 WHEREAS, the Mavor and Cite Commission continue to support
19 growth that is responsible and that contributes positively to the well of the
promote
20 community; and s
21
72 WHEREAS, the Mayor and City Commission are committed to ecincy
23 supporting the small property owners and local merchants in the development and and
24 redevelopment of their properties; and
25
26 WHEREAS, the Mayor and Commission wish to res p and to the r
27 Shops at Sunset Place on the downtown parking supply, and impact oa The
23
29 WHEREAS, the impact of the Shops at Sunset Place on the downs
3® su I has hiQ own parking
PP Y hlighted the need to reevaluate the parking regulations contained in the
3 I South Miami Land Development Code; and
32
33 WHEREAS, the Mayor and City Co
34 citizens with an adequate time period to reev�aluateithe Citvestparkind regula iofn and
35 propose any necessary changes; and g _ sand
36
37 WHEREAS, the Mayor and. City Commission find that it is in u
38 modify and suspend certain parking provisions in the Land Develo men public interest t�
39 P Code; and
40 WHEREAS, both the Planning Board and the Hometo`�n Dist
41 Committee have reviewed and approved the ordinance with com,'nen net Parking
42 incorporated herein and is `which are
43
44 WHEREAS, the Mayor and City Con mission continue
45 areas of comrnu,Zty concerns. to Provide leadership in
45
47
48 NOW. THEREFORE. BE IT 4RDAItiED BY THE
49 . COMMISSION OF THE CITY OF SOUTH NIIAMI. FLORIDA: , MAYOR AND CITY
;0
I Section 1: The automatic parking adjustments allowed pursuant to Sec
2 7.6(B) of the "South Miami Land Development. entitled "Required Parking,," coon ,
3 modified fora period of nine (9) months for the purpose of � v iewing the effe tShereby
4 appropriateness of the adjustment provisions on the future developments, as'follow :
s.
6 (B) Required Parking, Within the'Hometovin District, the following adjustrtie
7 number of parking spaces required by Section 20 -4.4 (B) of the Code are provided:to the
8
9 I • On-street spaces adjacent to a lot shall count toward the
10 requirements for that lot; a partial space longer than 1 I' shall count along
I 1 space.
- full
12
13 2• There arcades are optional, buildings with arcades shall receive
14 additional 5% reduction in the required number of spaces, an
15
16 3, In addition to the above, one of the following may apply:
17
18 a. Two -story buildings shall receive a 15% reduction in the required
19 number of spaces. V
20
21 b. Buildings of t1wo or
72 more stories with uses from two of the three use
23 categories provided herein under "Permitted Uses," each use
constituting no less than 30% of the ;gross floor area, shall receive a
24
25 30% reduction, in the required number of spaces.
26 C. Buildings of three or more stories with uses from each of the three
27 use categories provided herein. each use` constituting no less than
28 25% gross floor area, shall receive a 45% reduction in the required
29
30 number of spaces.
31 4- For new buildings nreater than 25'9.0
00 soft- clhanges of use and additions
32 greater than 10,000 square feet the allowable parking' adjustment,
33 identified in sub araQraahs Q) and 3 above, shall re uire the affirmative
34 vote of four (4) members of the City 'Commission and follow those
35 procedures estabI� shed for special use permits a, set forth in Section 20
36 5,8(B) through (Fi and shall follow chose procedures for oublie, heann ®s set
37 forth to Section 20 -5.1 through 20 -5.6.
38 -
39 5• For ne`v buildings not exceeding 259.000 soft., chan?es of use and
41 _ additions not esceedin 10.000 square feet.' the allowable arking
41 adjustments identified,in suboaraara hs` 2) and (3); abo
42 be as provided. ve, shall continue to
-
43
44
6. For replacement of an existing buildin4, completely damaged due to natural
45 or man made disaster, the allowable parking ad'ustments identified in
46 subaaca,raohs i?1 and (3). above•'shall continue to'be as rovided.
47
48
49
1 a
Section �. Section 20-4.4(H), ( ), entitled "The the I'VletroRail Usage Con'sider
2 Special Parl�ing Permit,,' is hereby suspended fora eriod of nine 9 ation �,
ppose of evaluating P �) rnont to
4 developments, the effects and appropriateness of this provision ®n for the
5 future
6 Sectio
7 Permit,,, n 3 Section 20- 4.4(G), entitled "Joint Use Spaces via
i s : hereby suspended for developments within the boundarie
special p;
8 District for a period of nine (9) 'months for the purpose of evaluatin f the ometowr.
9 appropriateness of this provision on future developments within t g the effects
10 he I-iometow°n District. 11 trio.
Section 4: The ,ordinance shall : not apply to any develo menu f
12 application for development permit was submitted prior to'the lsc reading.
or which an
13 ding.
14 Section S: AlI ordinances, resolutions and parts there
15 ordinance, shall not be in force and effect during v►te time period of, in conflict with this
15 p of this ordinance.
17 Section 6: If any section, clause,: sentence. or phiase
18 reason held invalid or unconstitutional by a court of competent jurisd dinoann�e is for a,-Iy
19 shall not affect the validity of the remaning'gortions of this ordinance, ,the h °(dinj
20
21 Section 7: This ordinance 'shall ta}�e effect imrriedi
22 passage. ate(I at thz time of its
23
24 PASSED AND ADOPTED this 4th May
25 day of 1999.
26 ATTEST:
27 APPROVED:
28 ;
29 CITY CLERK
30 tiiAYOR
31 READ AND APPROVED AS TO FORM:
°3?
— CO!"IISSIGII VOTE:
Mayor Robai na : N
34 CITY ATTOREY , Y
® Vice Mayor Ol i veros
35 Commissioner Feliu: �a
36 1st Reading. 3/2/99 Commissioner Bethel; fi
37 2nd Reading: 6/4/99 Commissioner Russell
38
39
40
41 T '
42 l
43 .—j
44 MAY 13 1
4
46
48 r
parlci
50 rig modification study ord.docl Planninz Board
j
- _. - - M
MIAMI DAILY BUSINESS REVIEW -
Published Daily except Saturday, Sunday and
Legal Holidays
AMOMM
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
CITY OF SOUTH MIAMI
O.V. FERBEYRE, who on oath says that she is the
NOTICE OF PUBLIC HEARING
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
All interested persons are hereby notified that the City Commission of
and Legal Holidays) newspaper, published at Miami in Miami -Dade
the City of South Miami will conduct a public hearing at its regular City
County, Florida; that the attached copy of advertisement,
Commission meeting scheduled for Tuesday, December 18, 2001 be-
being a Legal Advertisement of Notice in the matter of
ginning at 7:30 PM in the City Commission Chamber, City Hall 6130
Sunset Driver to consider the following described ordinance(s)
AN 'ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE LAND DEVELOPMENT CODE, SPECIFICALLY REGULA-
CiTYOF SOUTH MIAMI PUBLIC HEARING 12/18!01
TIONS DEALING WITH PROVISIONS THAT ALLOW FOR THE
REDUCTION OF REQUIRED OFF STREET PARKING BY
RE: ORDINANCE RELATING TO LAND DEVELOPMENT CODE, ETC.
AMENDING ORDINANCE NO 8 -99 -1682 IN ORDER TO CON-
TINUE FOR AN ADDITIONALNINE(9) MONTHS THE MODIFI-
in the XXXX Court,
CATIONS MADE TO SECTION 20- 7.6(B), AND THE SUSPEN-
was published in said newspaper in the issues of
SION OF SECTION 20- 4.4(G) AND SECTION 20- 4.4(H) PRO-
VIDING FOR SEVERABILITY, OR^ FIANCES -, IN CONFLICT
The subject ordinance can be inspected in the City Cleric's Office, Mon -
day- Friday during regular office hours.
Affiant further says . that the said Miami. Daily: Business
Review is a newspaper published at Miami in said Miami -Dade
Inquiries concerning this item should be directed to the City Managers
County; Florida and that the said newspaper has
Office at 305 663- 6338.
heretofore been continuously published in said Miami -Dade County;
Florida, each day (except Saturday, Sunday and Legal Holidays)
All interested parties are invited to attend.
and has been entered as second class mail matter at the post'
office in Miami in said Miami -Dade County, Florida, fora
Ronetta Taylor, CIVIC
period of one year next preceding the first publication of the
City Clerk
City of South Miami
attached copy of advertisement; and affiant further says that she
has neither paid nor promised any person, firm, , or corpuratbri
Pursuant to Florida Statutes 286. 0105, the City hereby advises the pub -
any discount, rebate,, commission or refund for the purpose'
lic that if a person decides to appeal any decision made by this Board,
of securing this vertisem r blication in the said
Agency or Commission with respect to any matter considered at its meet -
newspaper�^i����_
ing or hearing, he or she will need a record of the proceeaings, and that for .
,J -/
such purpose, affected person may need to ensure that a verbatim record
and su
(SEAL)
is
O.V. FERBEYRE pers l
of the proceedings is made which record includes the testimony and evi-
dence upon which the appeal is to be based.
11/26 01- 3- 39/216177M
Ig
A. 01
I
MARIA I. MESA
IM f C \ p SSiON 4 CC 13L5640
uvrt to 6 F 3 & T:' rch 4, 2004
F rd,A r � Uiidenvriters
i are:: asu +nap.�wv�2w:+manx+�!serase�c�
sours
South Miami
43, All- hWcaCitY
r�
•
INCORPORATED
im
1927
O x Y D P* 2001
Excellence, Integrity, Inclusion
To: Honorable Mayor, Vice Mayor Date: December 18, 2001
and City Commission /3
From: Charles Scurr Re: Special Use Approval
City Manager fi�4� 5701 Sunset Drive
Car Wash Shops of Sunset Place
i
REQUEST:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 3.4(B)(20) OF THE LAND
DEVELOPMENT ` CODE FOR A SPECIAL USE APPROVAL TO
OPERATE A MOBILE CAR WASH IN AN "SR(HD)" SPECIALTY
RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICT,
SPECIFICALLY LOCATED IN THE 'SHOPS OF SUNSET PLACE
PARKING GARAGE AT 5701 SUNSET DRIVE.
SUMMARY OF REQUEST
The applicant' is requesting a Special Use Approval to operate a mobile car wash at the above
referenced location. The proposed business is to be operated inside the parking garage of the
Shops of Sunset Place at the ground floor level, northwest corner of the structure, (S. Dixie
Highway and SW 58th Ave,) A mobile automobile wash/wax service is permitted in the
"SR(HD)" zoning district as a special use and subject to certain conditions.
CONDITIONS APPLICABLE
Section 20- 3.4(B)(4)(b) of the LDC provides that special uses must be approved by the City
Commission after a public hearing and receipt of a recommendation from the Planning Board.
The overall purpose is to determine the compatibility; of the proposed use with the surrounding
neighborhood.
(1) A proposed special use must comply with the general, special use requirements set forth in
Section 20-5.8 which state that the user (a) will not adversely affect the health or safety of
persons residing or working in the vicinity of the proposed use; (b) will not be detrimental to the
public welfare or property or improvements in the neighborhood; and, (c) complies with all other
applicable Code provisions.
Special Use Approval
Car Wash —Shops of Sunset Place
December 18, 2001
Page 2 of 4
(2) In addition, certain special uses, such as mobile automobile wash/wax services, are also
required to comply with additional requirements, which are set forth as supplemental standards
in LDC Section 20-3.4 (B) (20). It is important to note the City` recently amended the LDC
pertaining to mobile car wash facilities. The amendment , adopted in October, 2001, expanded
the locations where a mobile car wash could be located (RO,SR,TODD -PI) and added
regulations related to location, hours of operation, signage and environmental controls
(chemicals, water run -off). This section of the LDC, as revised, is shown in a special Attachment
to this report.
STAFF OBSERVATIONS
(1) The applicant's letter of intent describes an operation which is limited to customers using and
entering the Shop's parking garage. There will be no outside signage advertising the business.
(2) The car washing process will use electric pressure equipment as opposed to gas powered
engines, thereby eliminating any air pollution. In addition environmentally 'safe soap will be
used.
(3) The Shop's General Manager, in a letter dated August 28,2001, states that the operation is a
high quality personalized service which adds to customer satisfaction for the shopping center. It
is estimated that 150 automobiles will be serviced on a weekly basis.
(4) A field examination demonstrates that the operation is not permanently installed and the
equipment used is mobile. In addition the operation is screened from public view by ground level
trees and landscaping.
(5) Staff is concerned that the run -off from the washing process may enter ground level catch
basins in the vicinity of the washing operation, which is prohibited. The applicant has advised
that the car wash operation will be using a special collection system that will collect and hold
waste water for appropriate dumping away from the site. This will avoid any chance of waste
water entering nearby catch basins. Included with the application is a one -page brochure on the
equipment that will be purchased. (see Attachment)
(6) The staff also recommends that specific hours of operation should be specified as a condition
of the special use approval. In addition, the City should retain the right to reconsider or modify
the special use approval if in the future there are adverse environmental, health or safety
violations resulting from the approved use. This requirement would also be appropriate as a
condition of approval.
(7) The proposed use complies with the supplemental standards set forth in the LDC for mobile
automobile wash/wax services. In addition the proposed use will not adversely affect the health,
safety of persons working or residing in the vicinity and will not be detrimental to property in the
neighborhood.
Special Use Approval
Car Wash -Shops of Sunset Place
December 18, 2001
Page 3 of 4
PLANNING BOARD RECOMMENDATION
The Planning Board at its November 27, 2001 meeting recommended approval of the special use
application with the following conditions:'
(1) That the applicant shall install within sixty (60) days of approval, the necessary waste-
water equipment in order to divert used water run -off away from nearby catch basins, the
disposal of excess waste water to be done in accord with DERM applicable regulations;
(2) Notwithstanding the provisions of Section 20- 3.4(B)(20)(a) of the Land Development
Code, the subject car wash shall operate only between the hours of 11:00 a.m. and 10:00
p.m. Mondays through Thursdays, from 11:00 a.m. to 12:00 p.m. Fridays and Saturdays,
and from 11:00 a.m. through 10:00 p.m. on Sundays; `
(3) If the subject car wash is, in the future, determined by the Director of Planning & Zoning,
to be adversely affecting; the health or safety of persons residing or working in the
vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements' in the neighborhood, or to be not in compliance with other applicable
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
The motion to approve was made by Ms. Yates and seconded by Mr. Comendeiro. The motion
was adopted by a vote of 5 ayes and 0 nays.
RECOMMENDATION
It is recommended that the special use application for a mobile automobile wash/wax service at
5701 Sunset Drive be approved with the conditions as specified above by the Planning Board.
Attachments:
LDC Regulations for car washes
Draft resolution
Application
Location Map
Letter of intent
Waste Water collection system brochure
Site (floor) plan
Simon Co. Letter 8 -28 -01
Central Parking Corp. letter 8 -28 -01
Planning Board minutes; 11 -27 -01
Copies of Public notices
oil
CS /R(5L /SAY
D: \Comm Items\2001 \12 -18 -01 \5701 Sunset Dr Carwash Report.doc
Special Use Approval
Car Wash —Shops of Sunset Place
December 18, 2001
Page 4 of 4
LDC AMENDMENT SECTION 20- 3.4(B)
SPECIAL REQUIREMENTS
(ADOPTED OCTOBER 2, 200 1)
(20) MOBILE AUTOMOBILE WASH /WAX SERVICE
(a) Mobile carwash services matt operate from 9:00 a.m. to 5:00 p.m. on Monday
through Saturdayonly. No mobile service vendor shall station itself
upon any public street or right -of -way. Neither shall any mobile service
vendor station itself upon any private property except with the express
permission of the owner thereof and in a manner which does not impede
the flow of traffic in public streets or rights -of -way nor block pedestrian
access to public streets or rights -of -way. No mobile service vendor shall
station itself within 100 feet of a residential zoning, district; however,
this restriction shall not apply to mobile carwash vendors operating in
residential districts and servicing the primary residents
(b) All mobile service vendors must provide for their own trash and garbage removal
such that no trash or garbage remains on the premises upon which the vending
was conducted.
(c) No mobile service vendoT property owner may permit mobile carwash
services to operate on their properly for longer than sixty (6n) minutes two 2
hours, or operate on site more than two (2) times per week.
(d) No signage, other than normal commercial graphics ;painted upon the actual
mobile service vehicle, shall be permitted, except as provided for in (e ) below.
(e) With special use approval, exception to (c) above may be made for mobile
service vendors who are stationed within approved_ parking structures. No
exterior signage visible from a public street shall be permitted for locations
within parking structures.
(f) Mobile service ;vendors must operate from four -wheel motorized vehicles
registered in the State of Florida.
(e) No steam- cleaning, solvents, detergents and /or degreasers may be used.
'(f) No run -off into catch basins is permitted.
(g) If soap is used, any run -off must be negligible and contained on private property.
New Wording underlined/bold; wording removed indicated by strike- through.
1
2
3 RESOLUTION NO.
4
5 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
6 THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
7 PURSUANT TO SECTION 20- 3.4(B)(20) OF THE LAND
8 DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO
9 OPERATE A MOBILE CAR >WASH IN AN "SR(HD)" SPECIALTY
10 RETAIL, HOMETOWN DISTRICT OVERLAY ZONING DISTRICT,
11 SPECIFICALLY LOCATED IN THE SHOPS OF SUNSET PLACE
12 PARKING GARAGE AT 5701 SUNSET DRIVE.
13
14
15 WHEREAS, the Boston Automotive Appearance, Inc. (dba) Washworld has submitted an
16 application for a special use to allow a mobile car wash to be located in the "SR(HD)" Specialty Retail,
17 Hometown District Overlay zoning district specifically at the Shops of Sunset Place at 5701 Sunset
18 Drive; and
19
20
21 WHEREAS, a mobile car wash is allowed as a special use in the "SR(HD) ", Specialty Retail,
22 Hometown District Overlay zoning districts subject to meeting certain conditions specified in the Land
23 Development Code Section 20- 3.4(B)(20); and
24
25
26 WHEREAS, the approval of a special use requires a recommendation from the Planning Board
27 and the approval of the City Commission after a public hearing; and
28
29
30 WHEREAS, on November 27, 2001 the Planning Board, after public hearing, voted 5 -0 to
31 recommend approval with conditions of the special use request; and
32
33
34 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept' the
35 recommendation of the Planning Board.
36
37
38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
39 THE CITY OF SOUTH MIAMI, FLORIDA:
40
41
42 Section 1:: That an application for special use to allow" a mobile car wash to be located in the "SR(HD)
43' Specialty Retail, Hometown District Overlay zoning district specifically at the Shops of Sunset Place ` at
44 5701 Sunset Drive; is hereby approved subject to the following conditions:
45
46 (1) That the applicant shall install within sixty (60) days of approval, the necessary waste
47 water equipment in order to divert used water run -off away from nearby catch basins, the disposal
48 of excess waste water to be done in accord with DERM applicable regulations;
49
l (2)
2
3 (2) Notwithstanding the provisions of Section 20- 3.4(B)(20)(a) of the Land Development Code, the
4 subject car wash shall operate only between the hours of 11:00 a.m. and 10 :00 p.m. Mondays
5 through Thursdays, from 11:00 a.m. to 12:00 p.m. Fridays and Saturdays, and from 11 :00 a.m.
6 through 10 :00 p.m. on Sundays;
7
8 (3) If the subject car wash is, in the future, determined by the Director of Planning & Zoning, to be
9 adversely affecting the health or safety of persons residing or working in the vicinity of the
10 proposed use, to be detrimental to the public welfare' or property or improvements in the
11 neighborhood, or to be not in compliance with other applicable Code provisions, the special use
12 approval may be modified or revoked by the City Commission upon notification and public
13 hearing.
14
15
16 Section 2: This resolution shall be effective immediately after the adoption hereof..
17
18
19
20 PASSED AND ADOPTED this day of 92001.
21
22
23
24 ATTEST: APPROVED:
25
26
27 CITY CLERK MAYOR
28
29 Commission Vote:
30 READ AND APPROVED AS TO FORM: Mayor Robaina:
31 Vice Mayor Feliu
32 Commissioner Bethel:
33 Commissioner Russell
34 Commissioner Wiscombe:
35 CITY ATTORNEY
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
City of South Miami pF -
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305)666 -4591
Application For Public Hearing Before Planning Board & City Commission
Address of Sub* ct Prope ►
Lot(s) Block Subdivision
PLEASE CHECK THE APPROPRIATE ITEM:
P SE CHECK ALL THAT APPLY:
Meets & Bounds:
Variance
Applicant: 'S GU�9sN cvd
Phone: ,30S --
Re presen tative: �
P !'hh�RCrR ' �Av'A�'
Organization:
,f�sro✓ gUt��OT /vim
p�dx s7 � i
Address: t 70/ J4d,OVY &? �jQ,
�7 ,33/5.3
Phone:
,�v�'- J86 °tgov Ccel�J
Property Owner: LqtrrtitrK:n� 5,15fevn
Signature:
Mailing Address: ,� ?� 5'77
Ait,, %YJ Ft. 33N
Phone:
Arch itect/Engineerr
Phone:
\S THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
P SE CHECK ALL THAT APPLY:
_ Text Amendment to LDC
Variance
Letter of intent
_ Zoning Map Amendment
Special Use
Justifications for change
_PUD Approval
_Special Exception
Statement of hardship
PUD Major Change
_Other
to"Proof of ownership or letter from owner
- Power of attorney
Briefly explain application and cite specific Code sections:
— Contract to purchase
✓Current survey (1 original sealed and
si ed /1 reduced c0PY @ 11" x 17 ") `
d/g/Q LV 09S/y rc57r*7-1,0,V.*XY)
(15 copies of Site Plan and Floor Plans
11" 17"
�^ r e�
l V 6jwJOs ��`"- v � �E r �� �
1 reduced copy @ x
20% Property owner signatures
Section: Subsection:
Page #: Amended Date:
^ Mailing labels (3 sets) and map
Required Fee(s)
The undersigned has re
correct t� the best of the
!�
Applicant's �gnatur
Upon rec 1 t, appplic
applicable regulation
OFFICE USE ONL
Date Filed
Petition Required_
Method of Pavmen
ad this completed application and represents that the information and all submitted materials are true and
applicant's nowle ge and belief.
D
tamitted D e
ins an materials will be reviewed for compliance with the Land Development Code and other
4pplications found not in compliance will be rejected and returned to the applicant.
Date of PB Hearing Date of Commission
_ Petition Accepted
8/2/00
Special Use Approval - Washworld
5701 Sunset Drive (Shops of Sunset Place)
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200 0 200 400 600 -800, 1000 Feet
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�/orld
caR WASH SYSTEMS
Phone: (305) 866 -6622 (305) 986 -1900
Letter of Intent
Boston Automotive appearance; dba: Washworld proposes an auto cleaning operation to
be performed at Sunset Place. Such operation is located at Shops at sunset place; Mall's
First level.
This operation intends to attend only Mall's customer. No signage will be used to attract
outside traffic.This operation will comply with Center's hours.
Using eletric pressure washers; no carbon monoxide or other gases will be wasted.
No other chemical than Enviromental- free" soap will be discharged.
It is an amenity provided by center to its public wich includes jobs as'small as a, full wash
that takes approximately thirty minutes to a complete reconditioning that takes average of
Two hours
Customers leave their car on a designated area occupied by Washworld going for
shopping,dining or waiting for the job to be completed.
Boston Automotive Appearance inc
DBA: Washworld
5701 Sunset Drive #5747
South Miami FL 33143
Federal Tax Id # 04- 3538943
Corporation# F 01000001033
Registration# G 01055900210
Marcelo B.Martin
Washworld
Latimat Closed Loop Containment System Page 1 of 2
L at im atO Containment Pad
Close d LOOD System
One of many asses:
Recycled wash water from the LATIMAT® 1
with use of submersible sump pump
connected to a wash water treatment systems -�
and back to a pressure washer: :•°
—A
Dirty water enters sump tank to reduce ...... -
loading in treatment system.
Mounted on a- truck, trailer or dock plate, the
LATIMAT® and Reel System is the
environmental solution fro airlines, contract
cleaners, trucking firms, boats, forklift and „
many other ikndustrial applications that
require portability.,`
4
t • fir~ �� � � .
Also available: Water Dike System - Trailer'
Y _
Mat System - ContainerBuiI ding < System -
Sewer Cover System - Rail Mat System
r
' NilJAlilFti tIJRt± IilIRS
'•, ` :tl G @111 tJxe+i �'-..—
y1 ?I i.Ai' ili11 alrti st.t; Isn1
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uttl ilte6l�al 5Y1 nn � I j
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ft- ,;,ti�l,,;. ','1;1•,1,•1
The LATIMATO Systems:
http:// www. chappellsupply .com /closedloop.htm 8/15/2001
I
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0
simply the best shopping there is
August 28, 2001
Attention: The City of South Miami
On behalf of Wash World, who currently operates within the Central Parking garage
located at The Shops at Sunset Place, I would like to request your support of their South
Miami operation based on the following factors:
• The personalized service provided by Wash World caters to an affluent clientele, with
regular car wash customers from Pinecrest South Miami, and Coral Gables
• Wash World offers specialized customer service for the patrons of Shops, including
AMC Theatres, one of the most successful movie theaters in the U.S.
• It generates employment for approximately a dozen workers
• It is environmentally friendly and clean
• It adds distinction to the Central Parking operation and improves customer perception
of the parking facility
Wash World is owned and operated by a young, enthusiastic couple who strive for a high
quality, top notch operation, catering to owners of Mercedes, BMW, and Lexus vehicles
on a daily basis, currently servicing over 150 automobiles on a weekly basis.
I hope the City of South Miami will allow Wash World to continue its operation at the
Central Parking garage at The Shops at Sunset Place.
Thank you in advance for your kind consideration.
Sincerely,
ryd ilmore
Manager
ps at Sunset Place
CC: Don Smith, Central Parking Systems
The Shops at Sunset Place
Management Office
5701 Sunset Drive, Suite 100
South Miami, FL 33143
305.663.0482
305.663.0167 Fax
shopsimon.corn
ALLRIGHT PARKING Central
DIPLOMAT PARKING
KINNEY SYSTEM Parking
MEYERS PARKING
SQUARE INDUSTRIES Corporation
August 28, 2001
Attention: City of South Miami
I am writing on behalf of Wash World, as well as Central Parking System of Florida.
Wash World currently operates a top -notch car wash operation at several of our parking
facilities throughout Miami -Dade County. In every case they have been willing and able
to provide all necessary permits and insurance coverage that the City, County and Central
Parking System require.
Specifically the operation in South Miami, located in the parking garage at the Shops at
Sunset Place, is one that caters to an affluent clientele. L: the few months that it has been
in place Wash World has already received a reputation for the quality of their
environmentally safe service. The operation has improved' customer perception of the
facility, and the distinct offerings that it provides.
We at Central Parking System sincerely hope that the city of South Miami will allow
Wash World to continue its operation in the garage at the Shops at Sunset Place.
Thank you in advance for your consideration in this matter.
ince ely, ,
�%r 6
Don Smith
Operations Manager
CPC
_ _ _ 2 S. Biscayne Blvd., Suite 1684 • Miami, FIL 33131 • Ph 305- 372 -5151 • Fax 305- 374 -8271
DRAFT
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, November 27, 2001
City Commission Chambers
7:30 P.M.
L Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7 :59 P.M.
Action: The Pledge of Allegiance was recited in unison.
11. Roll Call.
Action: Mr. Morton performed roll call.
Board members present constituting a quorum: Mr. Liddy, Mr. Morton, Ms. Gibson, Mr.
Comendeiro and Ms. Yates.
Board members absent: Mr. Mann and Mr. Illas.
City staff present: Richard G. Lorber (Planning Director), Luis Figueredo (City Attorney),
Sandy Youkilis, (Planning Consultant), Gremaf Reyes (Video Technician) and Maria M.
Menendez (Board Secretary).
Mr. Morton performed the swearing in of the speaker present.
1II. Public Hearings
PB -01 -020
Applicant: Hometown Station Ltd.
Request:
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, REGARDING: (1) A REQUEST OF
HOMETOWN STATION- LTD., FOR APPROVAL OF A MASTER
LAND' USE PLAN AND URBAN DESIGN CONCEPT FOR THE
SOUTH MIAMI STATION OF THE RAPID TRANSIT ZONE; THE
PROPERTY BEING' LOCATED WITHIN A MIAMI -DADE COUNTY
ZONING DISTRICT ENTITLED "FIXED GUIDEWAY RAPID
TRANSIT SYSTEM - DEVELOPMENT ZONE "; AND (2)
PRESENTATION OF PROPOSED CONCEPTUAL PLANS TO
CONSTRUCT A MIXED -USE DEVELOPMENT ADJACENT AND
ATTACHED TO THE SOUTH MIAMI METRORAIL STATION.
Planning Board Meeting
November 27, 2001
Page 2 of 3
Action: Mr. Lorber informed the Board that this item, PB -O 1 -020, had been withdrawn
from the Agenda, to comply with County Ordinance that governs the development of the
Metrorail Station indicating that the proposal needs to go through the County's process
first. ` Then it will continue its course through the Planning Board and subsequently to the
City Commission.
PB -01 -021
Applicant: Boston Automotive Appearance Inc. (dba) Washworld
Request:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20- 3.4(B)(20) OF THE LAND DEVELOPMENT CODE FOR A
SPECIAL USE APPROVAL TO OPERATE A MOBILE CAR WASH IN
AN "SR(HD)" SPECIALTY RETAIL, HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT, SPECIFICALLY LOCATED IN THE
SHOPS OF SUNSET PLACE PARKING GARAGE AT 5701 SUNSET'
DRIVE.
Action: Mr. Morton read the request into the record and staff presented a recap of the item,
noting that the City Commission has recently enacted an Ordinance addressing car
washing, after conducting several public hearings by the Planning Board. Mobil' car wash
operation was particularly discussed and is now restricted to certain hours, and also
restricted 'to operate a minimum of 100 feet from residential zoning districts, and no
exterior signage is permitted. Also addressed were car wash operations located in
commercial parking garages.
The Board and staff discussed the applicant's request of Special Use Approval to operate a
mobile car wash inside the parking garage of the Shops of Sunset Place. Staff studied the
request and its observations included: the car washing process will consist of electric
pressure equipment; the applicant has advised that the car wash operation will be using a
special collection system that will result in dumping waste water away from the site; the
proposed use complies with the supplemental standards set forth in the LDC for mobile
automobile wash/wax services; and finally, a field examination demonstrates that the
operation! is not permanently installed and the equipment used is mobile. In addition, the
operation jis screened from public view by ground level trees and landscaping.
Staff recommendation was to approve the request with conditions as follows: installation
of waste water equipment; limits on the hours of operation; and, revisiting the request if
the Director of Planning & Zoning determines in the future that the car wash operation is
adversely,' affecting the health or safety of persons residing or working in the vicinity or to
the public in general, in which case the special use approval may be modified or revoked
by the City Commission upon notification and public hearing.
Planning Board Meeting
November 27, 2001
Page 3 of 3
At this point Mr. Comendeiro expressed concern on the environmental impact of these
operations and recommended that staff look into other parking garage mobile car wash
operations to verify that such operations comply with standards set forth in the LDC for
mobile wash/wax services and to determine if they must get special use approval.
Speakers: Marcia Tavares
Motion: Ms. Yates moved to approve the request as presented with the following
conditions: (1) that the applicant shall install within sixty (60) days of approval, the
necessary waste water equipment in order to divert used water run -off away from nearby
catch ,basins the disposal of excess waste water to be done in accord with DERM
applicable regulations; (2) notwithstanding the provisions of Section 20- 3.4(B)(20)(a) of
the Land Development Code, the subject car wash shall operate only between the hours of
11:00 a.m. and 10:00 pm. Mondays through Thursdays, from 11:00 a.m. to 12:00 p.m.
Fridays arid Saturdays, and from 11:00 a.m. through 10:00 p.m. on Sundays; (3) if the
subject car wash is, in the future, determined by the Director of Planning `& Zoning, to be
adversely jaffecting the health or safety of persons residing or working in the vicinity of the
proposed use, to be detrimental to the public welfare or property or improvements in the
neighborhood, or to be not in compliance with other applicable Code provisions, the
special use approval may be modified or revoked by the City Commission _upon
notification' and,public hearing. Mr. Comendeiro seconded the motion.
Vote: Ayes 5 Nays 0
V. Approval of Minutes
Action: The Board duly voted on and approved the minutes of October 30, 2001.
Vote: Ayes 5 Nays 0
VI. Remarks
Mr. Lorber informed the Board that the item reviewed tonight would be heard at the City
Commission meeting scheduled for Tuesday, December . 18th, - 2001. Mr. Morton
announced that there will be no Planning Board , meeting _ in December. The next
tentatively scheduled meeting is January 8th, 2002.
VII: Adjournment
Action: There being no further business before the Board, Mr. Morton adjourned the
meeting at approximately 8:30 PM.
RGL /mmm
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and ,Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI PUBLIC HEARING 12/18/01
RESOLUTION RE: SECTION 20 -3.4 6 20, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
12/07/2001
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attache y of advertisement; and affiant further says that she
has either aid .cr promise, any person, firm or corporation
an disco t, rebate, commission or refund for the purpose
of ecur' g this advertisement for pu Ication in the said
n s per. A
� r E scribed 's M R A.D 201
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the .City of
South Miami, Florida will conduct a Public Hearing during its regular City
Commission meeting on TUESDAY, DECEMBER 18, 2001 beginning at
7:30 P.M., in the City Commission Chambers, 6130 Sunset Drive, to con -
sider:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 3.4(6)(20) OF THE LAND DE-
VELOPMENT CODE FOR A SPECIAL USE APPROVAL TO
OPERATE A MOBILE CAR WASH IN AN "SR(HD) ' SPECIALTY
RETAIL,' HOMETOWN DISTRICT OVERLAY ZONING DIS-
TRICT, SPECIFICALLY LOCATED IN THE SHOPS OF SUN -
SET PLACE PARKING GARAGE i 5701 "SUNSET:DF11r'c.:"
Inquiries concerning this item should be directed to the Planning
Department at 305 - 663 - 6326.
ALL interested parties are invited to attend and will be heard.
Ronetta Taylor, CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105, the City hereby advises the pub-
. lic that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at itmeet-
ing or hearing, he or she will need a record of the , proceedings, and that for
such purpose, affected person may need to ensure that a verbatim record
of the proceedings is made which record includes
(SEAL) *eU PAhQlAI A.
.NIES' t
SS ION § CC $ .35! O1OWC
SOOKIE WILLIAMS pe '" ;'E' P 1arCh4,2g114
<C Noiar� Peb{i� tlnCerarisrs
. the testimony and evi-
dence upon which the appeal is to be based.
12/7 01- 3- 571219338M
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CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: December l2, 2001
Agenda Item #
From: Charles D. Scurr Comm Mtg. 12 -18 -02
City Manager Re: Authorization the City Manager to
execute agreement with the lowest
responsible bidder for the SW 64th Street &
SW 59th Place Intersection Improvement
_14,1101 U *111
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT WITH THE ROCK POWER CORPORATION FOR THE CONSTRUCTION
OF SW .64TH STREET & SW 59TH PLACE INTERSECTION IMPROVEMENT AT AN
AMOUNT NOT TO EXCEED $143,540.80.
BACKGROUND:
The proposed SW 64th Street & SW 59th Place Intersection Improvement was advertised for
construction bids September ` 17, 2001. Sixteen contractors picked -up bid packages and seven
contractors submitted bids. The bids were publicly opened on Friday, October 19 2001 (the last
day to submit bid) at 3:05pm. Since the bid opening, the engineer of record has tabulated the
bids, reviewed and evaluated all bids, verified references, verified bid' bond and met with the
lowest responsible bidder (Rock Power Corporation) to make sure the scope of work is clearly
understood as design and specified. The bid quantities and prices were reviewed and corrected
for mathematical errors accordingly. The Engineer of Record (Kimley -Horn and Associates,
Inc.) has submitted the attached letter of recommendation for Rock Power Corporation. The
Miami -Dade Office of Community & Economic Development (OCED) will fund the
construction activities 'through our awarded 1995 & 1999 block grant. The recommended
contractor has been submitted to OCED for approval. This recommended approval is subject to
OCED's approval.
RECOMMENDATION:
It is recommended that the City Commission approve the funding for the work to be performed.
ATTACHMENTS:
• Proposed Resolution
• Tabulated Bids
• Certified Advertised Notice of Bid Invitation
• Engineer of Record's letter of recommendation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2.0
21
22
23
24
25
2 :6
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT
WITH THE ROCK POWER CORPORATION FOR THE
CONSTRUCTION OF SW 64TH STREET & SW 59TH PLACE
INTERSECTION IMPROVEMENT AT AN AMOUNT NOT TO
EXCEED $143,540.80; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and =City Commission wishes to provide traffic calming
and roadway improvement for the residents of the City of South Miami, and
WHEREAS, the Mayor and City 'Commission authorize the City Manager to
execute a construction contract with Rock Power Corporation for the construction of SW
64'h Street & SW 59h Place Intersection', Improvement for an amount not to exceed
$143,540.80.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA`
Section 1: The City received seven bids in response to the Notice of Bid Invitation
advertised in the Miami Daily Business Review on September 17, 2001.
Section 2: The engineering consultant review the bids and recommended that the contract
be awarded to the lowest- responsible - bidder: Rock Power Corporation.
Section 3: That the Mayor and City Commission authorize the City Man Ner to execute
an agreement with Rock Power Corporation for the construction of SW 64 Street & SW
59P Place Intersection Improvement for an amount not to exceed $143,540.80.
PASSED AND ADOPTED this day of 32001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell
Commissioner Bethel:
Commissioner Wiscombe:
Additions shown by underlining and deletions shown by everstrilg.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
SOOKIE WILLIAMS, who on oath says that she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
BID N0: C101 -1019
in the XXXX Court,
was published in said newspaper in the issues of
09/17/'2001
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached yof advertisement; and affiant further says that she
has ne' - aid nor promised any person, firm or corporation
any di cou , rebate, commission or refund for the purpose
Of se n 'this u advert* ment for publication in the said
new er.
S rn tq and subscr d before me this
17 day P MB :R ; s, A. 2001
(SEAL)
,�.cFV• ,.v �r�a.- �.,.+�s � ..,..x.xas�. Msx a.�aess:,
yI t Iii `t�ih 1L A
� - -
SOOKIE WILLIAMS perso Iri6wh to (rp•�
! a k,YPIPGJ 4aic h4,euu4 �.
SECTION 00020
NOTICE OF SID INVITATION
CITY OF SOUTH MIAMI SIC NO. C101.1019
The City of South Miami will receive sealed proposals until 3:00 P.M.
Local Time, Friday, October 19th, 2001 at the City Clerk's Office, City
Hall; 61`30 Sunset Drive, South Miami, Florida 33143, for the following
project:
SW 64TH STREET & SW 59TH PLACE
INTERSECTION IMPROVEMENT
The project consists of street improvements for approximately 1300 iin-
eai feet of local streets, (50" R/W), including concrete curbs. In addition to
the roadway improvements, the construction of two water main exten-
sions along SW 59th Place will be required. The water main construction
will consist of two sections refer to as the North and South water main re
spectively. The North Water Main approximately 65 lineal feet (plans pre -
pared by the Firm of Williams - Russell & Johnson, Inc.) and South Water
Main approximately 110 lineal feet. (Plans prepared by KHA)
This project in whole or In part will be federally assisted through the Met-
ropolitan Dade County Office of Community Development with Communi-
ty Development Block Grant funds and as such bidders must comply with
Presidential Executive Order 11246, as amended by Executive 11375; Ti-
tle VII of the Civil Rights Act of 1964 as amended, the Davis Bacon Act, as
amended; the Copeland (Anti -Kick Back) Act the,Contract Work Hours
and Safety Standards Act and all other applicable federal, state and local
ordinances.
Attention is called to the fact that no less than the minimum salaries and
wages as set forth in the Contract Documents may be paid on this project
and that the Contractor must ensure that employees and applicants for
employment are not discriminated against because of race, color, relig-
ion, sex or national origin.
Bids will be opened publicly at 3:05 P.M. on the sane date in the City
Commission Chambers in the South Miami City Hall, 6130 Sunset Drive,
South Miami, Florida 33143.
Bid documents may be obtained on or after Tuesday, September 18,
2001 from the offices of City Clerk, City of South Miami Engineering and
Construction Dept., 6130 Sunset Drive, South Miami, Florida 33143. A
$50.00 non - refundable deposit per set of plans and specifications is re-
quired.
The bid will be awarded to the lowest responsible bidder, but the City of
South Miami reserves the right to reject any and all bids, to waive any in-
formation in any bids, and to increase or decrease the quantities shown in
the Bid Form, if the City Manager deems it to be in the best interest of the
City of South (Miami.
Bids that contain irregularities of any kind ma }, be rejected as infor-
rnai.
A non - mandatory pre -old conference will be held at the City of South
Miami Engineering and Construction Department, 6130 Sunset Drive;
South Miami, Florida 33143, at 10:00 A.M. local time on Thursday, Octo-
ber 4; 2001. Ail interested contractors are invited to attend. The City of
South Miami is a Equal Opportunity Employer and encourages the par -
ticipation of certified Black MBE contractors.
9/17 O1 -B -1 i /197385NI
®% Kimley -Horn
®l___- and Associates, Inc.
DIVE
NOV 2. 0 2001
November 16, 2001 ENGiNEERING & Suite 353
OONSTRU'CTInKI 420 Lincoln Road
Mr. W. Ajibola Balogun, REM Miami Beach, Florida
Director of Engineering and Construction Department 33139
6130 Sunset Drive
South Miami, FL 33143
Re City of South Miami - C101-1 019
SW 64 °h Ave s& SW 59"' Place Intersection Improvements
Dear Ajibola:
On October 19, 2001, proposals were received for the above - referenced project.
A summary of the Bids received is enclosed for your review.
The low bid of $143,540.80 was submitted by Rock Power Corp., a local
Engineering Contractor based in Miami, Florida. The specified contract time for
this project is One Hundred Twenty (120) calendar days for final completion.
We have checked the bid submitted by Rock Power Corp., and find no
discrepancies or qualifying statements. The bid was accompanied by proper bid
security, and we checked references for performance on completed projects with
other clients. Based on our findings, it is our opinion that this Engineering
Contractor is qualified and capable of performing the work.
Therefore, we recommend the project be awarded to Rock Power Corp., subject
to acceptance by the City Council, execution of the Contract Agreement,
submittal by the Engineering Contractor of the required Performance and
Payment Bonds, and Certificate of Insurance. '
Sincerely,
KUIL HORN AND ASSOCIATES, LYC.
Rodrigo, igria�P.E
Project ages
Attachment: Bid Summary — 10/19/01 (Rev. 10- 31 -01)
c: f le
UHEATWOLITROJEM40818004 So. Mia\Bids6ONUA.Bid Reco=endauon.due
TEL 305 673 2025
FAX 305 673 4882
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CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and City Commission Date: December 18, 2001
From: Charles D. Scurr Agenda Item # Ir
City Manager ° Re: Authorization to relocate BellSouth
equipment box for the Multipurpose Center
Phase II
RE UEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO RELOCATING A BELLSOUTH EQUIPMENT BOX
AND SPECIAL CONSTRUCTION RELATED TO THE PHASE TWO OF THE CITY OF
SOUTH MIAMI MULTIPURPOSE CENTER AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND :`
The City is in the process of initiating construction for phase two of the City of South Miami
Multipurpose Center in Murray Park. A BellSouth equipment box is needed to be relocated for a
proper access to the site. The box is located within the right of way and BellSouth is the only
entity who can relocate the box.
BellSouth has provided the construction cost associated with the relocation of the equipment
box. A copy of the proposal is attached. The cost of relocating the box would be charged
against the Safe Neighbor Matching Fund account 001- 0000 - 132 -2055.
RECOMMENDATION
The City Commission approval is reccomended.
Attachments:
Proposed resolution.
Proposal
W- .— -�1
1 RESOLUTION
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, RELATING TO RELOCATING A BELLSOUTH
5 EQUIPMENT BOX AND SPECIAL CONSTRUCTION RELATED TO THE PHASE
6 TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER AND
7 PROVIDING AN EFFECTIVE DATE.
8
9 WHEREAS, the City is in the process of initiating construction for phase two of the
10 City of South Miami Multipurpose Center in Murray Park and
11
12 WHEREAS, a BellSouth equipment box is needed to be relocated for a proper
13 access to the site, and
14
15 WHEREAS, BellSouth has provided the construction cost associated with the
16 relocation of the equipment box.
17
18 'NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
20
21 Section 1: That the City Commission approve the expenditure based on the attached
22 proposal and charge to Safe Neighborhood Matching Fund account 001 0000- 132 - 2055.
23
24 Section 2: That the proposal be made a part of this resolution
25
26 Section 3: This resolution shall take effect immediately upon approval.,
27
28 PASSED AND ADOPTED this day of 12001.
29
30 ATTEST: APPROVED:
31
32
33 CITY CLERK MAYOR
34 Commission Vote:
35 READ AND APPROVED AS TO FORM: Mayor Robaina:
36 Vice Mayor`Feliu:
37 Commissioner Wiscombe:
38 CITY ATTORNEY Commissioner Bethel:
39 Commissioner Russell:
4
DM CONSULTING ENGINEERS, INC.
M:,iNIORANDUm
TO; Mr. Savicr Torres
d �t<S, >nc. RECEIVED
FROM:' Manuel P. Mont OCT 15 2001
SD.Nf Consulting FA ices, Inc. M H/Q
DATE: October 15, 2001
SUBJECT: City of South Miami - Dhu ray Park
BellSouth Construction frosts
aRSRRR =r ♦ik/(rRA.RM•i1�R'R1t 7[ Rw1ww1[ ti; Yl iil f *iir1111411RRftRJ1rRR1RRI1�.Ri tlxRiRiRR+ctwRfRilol ; *k1r�fi
Armchcdpltase find updated rcviscd correspondence from BellSouth detailing the construction costs associated
with relocating the existing BellSouth :rcdS connection box locaW on S.W. 664ti Street to ailmi for tha
proposed new entry drive for the above facility.
Please note that in apparent wordinaticz and conyorsations with the City of South Miami, Bell South bas
reduced the price quotation for the forced relocation charge for the iniiastructure work to 520,445,93,
Since this quotation is valid only for a period of thirty (30) days, please coordinate with the City to determine
what course of action is to be taken on•t ?.'s issue.
Shouid you have any questions ragar& -; 'dx above items, please zo=ct us.
MPi�I;lf
IV1urmy Park/mm i o 1 501
Atmchm=t
cc: Project File
136 ALMERIA AVENUE CORAL GABLES, FLONDA 33131 305 448 -2789 305 443•Saa -% FAx
F 3/6
naav�-- 1`IV. YJJ - 2
F
HT
8e1muthTelecommunitatiora inc. l� s T ,- �OM
9500 S.W. 130 Sxeet 2001
Peering. HV104 3,157 ALUHORt7.ATION LMER
NLANAGER 131LLS
Date: 101112001 Contact Person: Manuel Montoya
To: SDM Consulting Fagiaeers, Inc. Contact Number. 305.445-?788
FAX Number. 305- 443 -5944
Work Site Address: I35 Almeria A,.
Coral Gables, FL 33 234
13ellSouth has received a request from yvL (or your company) to perform the following work.
Relocate an existing BellSouth crass-box to acccu=odatE anew street for Mu=my park in South .kI,=L
As discussed with City of South Migml, officials, this quote'is based on the City of South Miatnl
performing tell excavation and restoration work required for the relmation of the affected Ba1HSowh
facilities.
Engineering and Construction will not begiu until this signed agreement with the adv=cs payment is
received. please sign the anthorintion letter in tha space provided and return it with pour edvaace
Payment to Payment Remittaact Oflzco at the address shown below. If'BellSouth does not restive the
signed authorization within 3o days or c+therMse hear from yov (or your company) the work order will be
canceled.
r
The spccisl construction charge for the above work is $20,45.93
FIease be aware that other utMty comp.-Mies may be utilizing BellSouth's facilities. Tbwfore, you may
need to coordinate with those utility companies. Any customer provid,rtl support facilities necessary to
complete the job must be available for BeilSouth's use prior to the start of facility constructiolL
This quote is only valid for 30 days "ir. the dato of this Imcr.
XNCLUDE THE 108 NUMBER SHOWN BELOW 0J ,j YOUR CW,.CF
ssanawro Job #.' 1M2061422
Dam BIG Eng:- N/A
Telephoac t#: NIA
Name OSP Designer; Scott Harmltoa
Telephone #: 305, 971 -0395
'1 a<<
BST Project Manager: Kathy Reed
Telephone #: , 305- 256 - =794'
Lor�any
Send Signed Letter and Tf any questions: Be1LSouth - hiaiuger Bills
Advance Payment to: $eIlSouth :; NI-V sger Bills
Aran. Andrea Niathews
Suite 5020 Call: 1.800.522 -0518
250 Wini_lzns SL NW
AtL=ta, G.4.30303
NOTE TO CUSTO1 EEX- IN OVER TO PROCESS PAYMRNIN CORRECTLY FOR THE WORK DESCRIBED ASOVF,
PLEASE INCI.IIDE THE JOB NUMBER ul- THE CHECK AND CHECK NUMBER IY SPACE PROVIDED RMOW.
CHECK +e;
k,t
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Honorable Mayor Date: December 14, 2001
and City Commission
From: Charles D. Scurf
City Manages fc,�
REQUEST
ze
1.
Subject: Agenda Item # 1
Commission Meeting 12/18/01
Acceptance of FY 2002 Comm.
Development Block Grant
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF AN FY
2002 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) IN THE
AMOUNT OF $340,000; AUTHORIZING THE CITY MANAGER TO EXECUTE
APPLICABLE CONTRACTS AND DOCUMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City of South Miami recently submitted grant applications for the FY 2002 Community
Development Block Grant Program. The Board of County Commissioners has awarded South
Miami $340,000 as follows:
• $250,000 for Construction of the Multipurpose Center — Phase II
• $90,000 for Land Acquisition for Infill Development, so that the CRA may purchase at least
4 vacant or dilapidated properties for infill housing development.
The actual grant contract is still being processed by OCED. It will be substantially similar to the
attached standard OCED format.
The attached resolution would allow the City Manager to execute the contracts and documents
necessary to receive the money and move forward with these important endeavors.
RECOMMENDATION
Your approval is recommended.
1
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO THE ACCEPTANCE OF AN FY'
2002 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) IN THE AMOUNT OF $340,000; AUTHORIZING
THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS AND DOCUMENTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Community Development Block Grant (CDBG) Program serves
to improve communities; and
WHEREAS, the City of South Miami submitted an application for funding in
order to improve recreational and socioeconomic aspects of its community; and
WHEREAS, the Board of County Commissioners awarded the City of South
Miami $340,000 for its CDBG application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1. The City Manager is authorized to accept an FY 2002
Community Development Block Grant in the amount of $340,000.
Section 2. The City Manager is authorized to execute contracts and
documents applicable to the acceptance of the Community Development Block Grant.
Section 3. This resolution shall take effect immediately upon arrival.
PASSED AND ADOPTED this day of , 2001.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
Commissioner Wiscombe:
CDBG 2001 =`
Municipality
FY 2001 COMMUNITY DEVELOPMENT BLOCK GRANT
GOVERNMENTAL CONTRACT BETWEEN C ^z "j otr �Sr
v
MIAMI -DADE COUNTY
AND
CITY OF SOUTH MIAMI
This contract is entered into between Miami -Dade County, hereinafter referred to as the "County"
and City of South Miami, a municipal government organized under the laws of the State of Florida
hereinafter referred to as the "Contractor ".
The parties agree:
L Definitions
OCED
24 CFR Part 570 - CDBG
Low- and Moderate- Income
Person
Contract Records
Federal Award
Subrecipient
Contractor
Office of Community and Economic Development or
its successor Department
Federal regulations implementing Title I of the
Housing and Community Development Act of 1974, as
amended - Community Development Block Grant
A member of low- and moderate - income family i.e., a
family whose income is within specified income limits
set forth by U.S. HUD.
Any and all books, records, documents, information,
data, papers, letters, materials, electronic storage data
and media whether written, printed ;electrer s or
electrical, howev
developed, maintained, comple:eo, or
compiled by or at the direction the Contractor or any
subcontractor in carrying out the duties and
obligations required by the terms of this _contract,
including but not limited to financial books and
records, ledgers, drawings, maps, pamphlets,
designs, electronic tapes, computer drives and
diskettes or surveys.
Any federal funds received by the Contractor from any
source during the period of time in which the
Contractor is performing the obligations set forth in
this contract.
A public agency, municipality or nonprofit
organization selected by the County to administer all
or a portion of the County's CDBG program.
Recipient of CDBG funds from Miami -Dade County
IL The Contractor Agrees:
A. Type of Activity
The Contractor shall carry out the activities specified in Attachment A, "Scope of
Services," in the County or the focus area(s) of Miami -Dade.
B. Insurance
To comply with Miami -Dade County's insurance requirements as well as any
relevant state of Florida insurance requirements.
C. Indemnification
The Contractor shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, losses or
damages,', including attorneys' fees and costs of defense, which the County or its
officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to or resulting from the performance of this Agreement by the
Contractor or its employees, agents, servants, partners, principals or
subcontractors. The Contractor shall pay all claims and losses in connection
therewith iand shall investigate and defend all claims, suits or actions of any kind
or nature in the name of the County, where applicable, including appellate',
proceedings, and shall pay all costs, judgments, and attorney's fees which may,
issue thereon. Provided, however, this indemnification shall only be to the extent'
and within the limitations of Section 768.28 Fla Stat., subject to the provisions of
that Statute whereby the Contractor shall not he held liable to pay;a, personal injury
or property damage C'-` -' --r iudgment by any nt' rars "' which Exceeds the sum',
of $100,00C, or any claim or Judgment or portions thereof, which, when totaled with'
all other claims or judgment paid by the Contractor arising out of the same incident
or occurrence, exceed the sum of $200,000 from any and all personal injury or
property damage claims, liabilities,' losses or causes of action which may arise as a
result of the negligence of the Contractor.
D. Documents
The Contractor shall submit documents to OCED as described below or any other
document in whatever form, manner, or frequency as prescribed by OCED. These
will be used for monitoring progress, performance, and compliance with this
contract and for compliance with applicable County and Federal requirements.
1. Progress Reports
a. The Contractor shall submit a status ,report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by
OCED, which shall describe the progress made by the Contractor in
achieving each of the objectives and action steps identified in
Attachment A, "Scope of Services."
The Contractor shall ensure that OCED receives each report in
triplicate (or as indicated) no later than April 10, 2001, July 10, 2001,
October 10, 2001 and January 10, 2002.
2 of 27
The Contractor shall submit to OCED a cumulative account of its
activities under this agreement by completing the following
portions of the Progress Report Form:
Section I - Status of Contracted Activities:
The Contractor must report specific information regarding the
status of the contracted activities, including accomplishments
and /or delays encountered during the implementation of the project
and an unduplicated count of clients served during the reporting
period (if applicable) for each federally defined ethnic category.
Contractors engaged in construction_ and/or housing rehabilitation
projects shall report on the progress of their activities including the
number of housing units completed and occupied by low- moderate
and low income- residents. The Contractor shall also report
demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope
of Services, must be addressed as part of this report.
Section 11- Fiscal Information:
The Contractor must report expenditure information based on
approved budgeted line items to reflect all costs incurred during the
reporting period. In addition, the Contractor shall report on
Program Income Usage for each contracted activity.
Section III - Minority Business Enterprise:
M_ r, , ty Fsasiness Enterprise r -part (Fir3l, anc' Third : via.'a
Prugress Report)- The Contractor sh ll report to OCED the number
of business activities involving minority vendors, including
subcontractors performing work under this Agreement. The
"Minority Business Enterprise Report" Section in Attachment C, and
when applicable Section 3 in the same Attachment shall' be
completed' semiannually by the Contractor and submitted to OCED
no later than April 10, 2001 and October 10, 2001.
Section IV - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report) - The Contractor shall report to OCED the
number of focus and service area residents who have received
employment opportunities from federally financed and assisted
projects and activities. The Neighborhood Employment
Opportunities Report shall be submitted using the Progress Report
Form attached hereto as 'a Section in Attachment C, as it may be
revised. This section of the form shall be completed semiannually
by the Contractor and submitted to OCED no later than April 10,
2001 and October 10, 2001.
The Contractor shall submit to the County, in a timely manner, any
other information deemed necessary , by the County, and its
presentation shall comply with the format specified at the time of
the request. Failure i to submit the Progress' Reports or other
information in a manner satisfactory to the County by the due date
3 of 27
shall render the Contractor in noncompliance with this Article. The
County may require the Contractor to forfeit its claim to payment
requests or the County may invoke the termination; provision in this
Agreement by giving five days written notice of such action to be
taken.
b. Unspecified Site(s) Objective - If the Contractor has not yet
identified a location to carry out any of the activities described in
Attachment A, the Contractor shall submit, in triplicate, Progress
Reports, using the form attached hereto as part of Attachment C, on
a monthly basis until such time as the Contractor complies with the
provisions contained within Section II, Paragraph DA. of this
contract. Copies of the above described Progress Report shall be
received by OCED no later than the tenth (10th) business day of
each month and shall address the progress undertaken by the
Contractor during the previous month. This Progress Report shall
not be required if the Contractor is submitting the Progress Reports
required by Sectional, Paragraph D.1.a and Paragraph D.3.
2. Annual Report (Fourth Quarter Progress :Report) -,The Contractor shalt
submit a cumulative status report (hereinafter referred to as "Annual
Report") using the "Progress Report" specified in Section II, Paragraph
DA.a. above, which shall describe the progress made by the Contractor in
achieving each of the objectives identified in Attachment A during the
previous year. The "Annual Report must cover the CDBG ;fiscal year of
January 1, 2001 through December 31, 2001 and shall be received by OCED
no later than January 10, 2002.
_nvironmentaV Revlpv T C,,,ntrzcto; ia.medizaely upon locating o.
determining a site for each of the "Unspecified Site" activities to be carried
out pursuant to this contract, shall submit information detailing the location
of each site for which a Site Environmental Clearance Statement, will be
prepared as described in Section 11, Paragraph EA. of this contract set forth
below. The Environmental Review is to be prepared on information
contained in 'Attachment E, "Information for Environmental Review. The
Contractor shall obtain a written Environmental Approval Letter from OCED
prior to expending CDBG funds. Failure to comply with this requirement
shall result in the revocation of this agreement.
4. Audit Report - The Contractor shall submit to OCED an annual audit report
in triplicate as required by Section II, Paragraph I of this contract as set
forth below.
5. Inventory Report The Contractor shall report annually all nonexpendable
personal and real property purchased with CDBG funds from this and
previous agreements with the County as specified in Section' II, Paragraph
Q of this contract.
6. Affirmative Action Plan - The Contractor shall report to OCED information
relative to the equality of employment opportunities whenever so requested
by OCED.
E. Participation in the CDBG Program
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1. The Contractor shall maintain current documentation that its activities meet
one of the three (3) CDBG national objectives:
a. To benefit low and moderate - income persons;
b. To aid in the prevention or elimination of slums or blight;
C. To meet community development needs having a particular
urgency.
2. For activities designed to meet the national objective of benefit to low- and
moderate- income persons, the Contractor shall" ensure and maintain
documentation that conclusively demonstrates that each activity assisted
in whole or in part with CDBG funds is an activity which provides benefit to
no less than 51% of low- and moderate- income persons.
3. The Contractor shall comply with all applicable provisions of 24 CFR Part
570 and shall carry out each activity in compliance with all applicable
federal laws and regulations described therein.
4. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Contractor shall obtain,
immediately after a site is identified by the Contractor, OCED's written
environmental clearance statement and shall agree in writing to comply
with any and all requirements' as may be set forth in the Site Environmental
Clearance Statement.
5. The Contractor shall make a good faith effort.dD address: the concerns of
thn reoidertr. c, the affected zrea. The Cootry " 6hail cooperate wil
Ot,ED in informing the appropriate CDBG citizen participation structures,
including the appropriate area committees, of the activities of the
Contractor in adhering to the provisions of this contract. Representatives
of the Contractor shall attend meetings of the appropriate committees and
citizen participation structures, upon the request of the citizen participation
officers, OCED, or the County.
6. The Contractor shall, to the greatest extent possible, give low and
moderate- income residents of the service areas opportunities for training
and employment.
7. For activities involving acquisition, rehabilitation and /or demolition of
property and which require the relocation of families, individuals,
businesses and /or industries, the Contractor shad submit a written
notification to the Urban Development Unit of OCED prior to relocating,
evacuating, and /or dispersing any and all legal occupants who reside at
this property on the basis of a long or short term lease. When the legality
of an occupant ( individual, family, business, and/or industry) is in question,
the Contractor shall contact the above mentioned unit prior to making a
determination.
Contractors receiving CDBG funds shall adhere to 24 CFR part 50 and/or
part 58 and to the rules and - regulations of the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970, as amended.
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8. The Contractor shall adopt Affirmative Marketing Procedures and
requirements for CDBG assisted projects. These procedures must consist
of actions to provide information and attract eligible persons from all racial,
ethnic and gender groups to the available services. The Contractor shall
annually assess its affirmative marketing program to determine if the
procedures used to comply with the requirements specified in Public Law
88 -352 and Public Law 90 -284 successfully meet these requirements. The
Contractor shall submit to OCED its Affirmative Marketing Plan no later
than 60 days from the date this Agreement is executed.
F. Federal, State, and County Laws and Regulations
1. The Contractor shall comply with applicable provisions of applicable
federal, state,` and County laws, regulations, and rules including 24 CFR
Part 85, OMB A -128, OMB A -87, and with the applicable procedures
specified in OCED's Contract Compliance Manual, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they
may be revised.
2. The Contractor shall comply with Section 504 of the Rehabilitation Act of
1973, as amended, which prohibits discrimination on the basis of handicap;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits
discrimination on the basis of race, color, or national origin; the Age
Discrimination Act of 1975, as amended, which prohibits discrimination on
the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and
Executive Order 11063 which prohibits discrimination in housing on the
basis of race, color, religion, sex, or national origin; Executive Order 11246.
=is amended .which' requires equal employment orportunity; and iElc
rf. ',",Y Inc Gon,.ervafion Ac (Pub.L 94 -163, which r� q' , iL&
mandatory standards and policies relating to energy efficiency.
The Provider also agrees to comply with the Domestic Violence Leave
codified as 11A -60 et seq. of the Miami -Dade County Code, which requires
an employer, who in the regular course of business has fifty (50) or more
employees working in Miami -Dade County for each working day during
each of twenty (20) or more calendar work weeks to provide domestic
violence leave to its employees. Failure to comply with this local law' may
be grounds for voiding or terminating this Agreement or for
commencement of debarment, proceedings against the Provider.
3. If the amount payable to the Contractor pursuant to the terms of this
contract is in excess of $100,000, the Contractor shall comply With all
applicable standards, orders, or regulations, issued pursuant to Section
306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal
Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of
the Clean Water Act (33 U.S.C. 1368) Environmental Protection ,Agency
regulations (40 CFR Part 15); and Executive Order` 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The
Contractor shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by OCED.
5. Americans with Disabilities Act (ADA) of 1990 - The Contractor shall attest
to; and submit the required Disability Non- discrimination Affidavit assuring
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compliance with all applicable requirements of the laws listed below
including but not Limited to, those provisions pertaining to employment,
provisions and program services, transportation, communications, access
to facilities, renovations, and new construction.
6. Compliance with Miami -Dade County Ordinance 98 -30 County Contractors
Employment and Procurement Practices All firms with annual gross
revenues in excess of $5 million, seeking to contract with Miami -Dade
County shall, as a condition of award, have a written Affirmative Action
Plan and Procurement Policy on file with the County's Department of
Business Development. Said firms must also submit, as a part of their
proposals /bids to be filed with the Clerk of the Board, an appropriately
completed and signed Affirmative Action 'Plan /Procurement Policy Affidavit.
Firms whose Boards of Directors are representative of the population
make -up of the nation are exempt from this requirement and must submit,
in writing, a; detailed listing of their Boards of Directors, showing the race
or ethnicity of each board member, to the County's Department of Business
Development. Firms claiming exemption must submit, as a part of their
proposals /bids to be filed with the Clerk of the Board, an appropriately
completed and signed Exemption Affidavit in accordance with Ordinance
98 -30. These submittals shall be subject to periodic reviews to assure that
the entities do not discriminate in their employment and procurement
practices against minorities and women -owned businesses.
It will be the responsibility of each firm to provide verification of their gross
annual revenues to determine the requirement for compliance with the
Ordinance. Those firms that do not exceed $5 million annual °gross
revenues must clearly cafe so in their bid;
/proposal.
Any biddertrespondent which does not provide an affirmative action plan
and procurement policy may not be recommended by the County Manager
for award by the Board of County Commissioners.
If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related
to the attesting firm, is found by the responsible enforcement agency, the Courts
or the County to be in violation of the Acts, the County will conduct no further
business with such attesting firm. Any contract entered into based upon a false
affidavit, as listed below,' and submitted pursuant to this resolution shall be
voidable by the County:
1. Miami -Dade County Ownership; Disclosure Affidavit
2. Miami -Dade Employment Family Leave Affidavit
3. Miami -Dade Employment Drug -Free Workplace Affidavit
4. Miami -Dade Employment Disclosure Affidavit
5. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime,Affidavit
8. Related' - Party'' Disclosure information
9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees
or Taxes
10. Affirmative Action Affidavits
19. Currentlon all County Contracts, Loans, and Other Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Violence Leave Affidavit
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If any attesting firm violates any of the Acts below during the term of any contract
such firm has with the County, such contract shall be voidable by the County, even
if the attesting firm was not in violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat
327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including
Title 1, Employment; Title 11, Public Services; Title 111, Public
Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601- 3631.
G. Conflicts with Applicable Laws
If any provision of this contract conflicts with any applicable law or regulation, only
the conflicting provision shall be deemed by the parties hereto to be modified to be
consistent with the law or regulation or to be deleted if modification is impossible.
However, the obligations under this contract, as modified, shall continue and all
other provisions of this contract shall remain in full force and effect.
H. Construction
tho Co'itractor Cnoagss in, procures, or makes ioanc_ 0i` c wi stru ;'Uoo wore:, t i_
Contractor shall
1, Contact the OCED representative noted in Section IV, Paragraph K of this
contract, prior to taking any action, to schedule a meeting to receive
compliance information.
2. Comply with the Contractor's procurement and pre -award requirements and
procedures which, at a minimum, shall adhere to all applicable federal
standards.
3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract
Work Hours and Safety Standards ,Act; and Lead -Based Paint Poisoning
Prevention Act as amended on September 15, 1999; and other related acts,
as applicable.
4. Submit to OCED for written prior approval all proposed Solicitation Notices,
Invitations for Bids, and Requests for Proposals prior to publication.
5. Submit to OCED all construction plans and specifications and receive
OCED's approval prior to implementation.
6. Contact the OCED representative noted in Section IV, Paragraph K prior to
scheduling a pre- construction conference.
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In accordance with industry standards, OCED will hold 10 % of the total
grant award as a retainer until the completion of the construction work is
verified by OCED through a Certificate of Occupancy.
I. Audits and Records
1. The Contractor expending $300,000 or more annually in federal awards
shall have a single or program specific audit conducted in accordance with
OMB A -133. The Contractor expending federal awards of $300,000 or more
under only one federal program may elect to have a program- specific audit
performed, in accordance with OMB A -133. Contractors who will be
receiving, or who have received, federal award's for loans or loan
guaranteed programs may be required to conduct audits of those programs
in accordance with regulations of the federal agencies providing those
guarantees or loans.
2. The Contractor expending less than $300,000 annually in federal ,awards
shall be exempt from an audit conducted in accordance with OMB A -133,
although their records must be available for review (e.g., inspections,
evaluations). These Contractors are required by OCED to submit "reduced
scope audits (e.g., financial audits, performance audits). They may
choose instead of a reduced scope audit to have a program audit
conducted for each federal award in accordance with federal laws and
regulations governing the programs in which they participate. Records'
must be available for review or audit by appropriate officials of the General
Accounting Office and other federal and county agencies:
�; y,9tr F;z ret'. ;rr_tnents of OMB A -133 apply, or when Lie Gontractc•T e:o;cts
to comply with OMB A -133, an audit shall be conducted for each fiscal year
for which federal awards attributable to this contract have been received by
the Contractor. Each audit shall include a fiscal review, which includes a'
validation of all program generated income and its disposition, especially
attributable to CDBG funds, an internal control review, and a compliance
review as described in OMB' A -133. A _copy of the audit report in triplicate
must be received by OCED no later than six (6) months following the end of
the Contractor's fiscal, year.
4. The Contractor shall maintain all Contract Records in accordance with
generally accepted accounting principles, procedures, and practices which'
shall sufficiently and properly reflect all revenues and expenditures of
funds provided directly or indirectly by the County pursuant to the terms of
this contract.
5. The Contractor shall maintain all Contract Records that document all
actions undertaken to accomplish the "Scope of Services" outlined in
Attachment A in this contract.
6. The Contractor shall ensure that the Contract Records shall be at all times
subject to and available for full access and review, inspection, or audit by
County and federal personnel and any other personnel duly authorized by
the County.
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7. The Contractor shall - include in all OCED approved subcontracts used to
engage subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by
OCED, each of the record - keeping and audit requirements detailed in this
contract. OCED shall, in its sole discretion, determine when services are
eligible substantive programmatic services and subject to the audit and
record - keeping requirements described above.
J. Retention of Records
1. The Contractor shall retain all Contract Records for a period of at least
three (3) years (hereinafter referred to as "Retention Period ") subject to the
limitations set forth below:
a. For all non -CDBG assisted activities the Retention Period shall
begin upon the expiration or termination of this contract.
b. For CDBG assisted public service activities the Retention Period
shall begin upon the date of U.S. HUD's acceptance of OCED's
annual Grantee Performance Report for the year in which the
activity is reported as completed. for each public service activity
the Contractor must,retain all contract records except those relating
to real and nonexpendable personal property.
C. For all other 'CDBG' assisted activities the Retention Period shall
begin upon U.S. HUD's' acceptance of OCED's annual Grantee
Performance Report', in which each assisted activity is reported on
for +'le. final time. Fo• all the CDBG assisted activities covered b-
t6 1 �IEr i ,n '11, PL, a;,ra;x3 J.1 .c., the Contractor "mt;sf rataia all
contract records except those relating to real and nonexpendable
personal property.
d. For all CDBG assisted activities, the Retention Period for all
contract records relating to real and nonexpendable personal
property shall begin upon the date of the final disposition of the
property.
2. If the County or the Contractor have received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of
the services provided pursuant to the terms of this contract, the Retention
Period shall be extended until such time as the threatened or pending
litigation, claim or audit is, in the sole and absolute discretion of OCED,
fully, completely and finally resolved.
3. The Contractor shall allow the County, federal personnel, or any person
authorized by the County full access to and the right to examine any of the
contract records during the required Retention Period.
4. The Contractor shall notify OCED in writing, both during the pendency of
this contract and after its expirations part of the final close -out procedure,
of the address where all contract records will be retained.
5. The Contractor shall obtain written approval of OCED prior to disposing of
any contract records within one year after expiration of the Retention
Period.
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K.
L
Provision of Records
1. The Contractor shall provide to OCED, upon request, all contract records.
These records shall become the property of OCED without restriction,
reservation, or limitation of their use.. OCED shall have unlimited rights to
all books, articles, or other copyrightable materials developed for the
purpose of this contract. These unlimited rights shall include the rights to
royalty -fees; nonexclusive, and irrevocable license to reproduce,, publish,
or otherwise use, and to authorize others to use, the information for public
purposes.
2. If the Contractor receives funds from, or is regulated by other governmental
agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the Contractor shall provide a copy
of each report and any follow -up communications and reports to OCED
immediately upon such issuance unless such disclosure is a violation of
the regulatory agencies issuing the reports.
Prior Approval
The Contractor shall obtain prior written approval from OCED prior to undertaking
any of the following:
1. The engagement or execution of any subcontracts or contract
assignments, wherein CDBG funds will be used to pay for goods or
services. The contractor must submit all proposed agreement documents
to OCED at least thirty (30) days prior to the start date .of the agreement.
2 The addition of any posit.ans not specifically listed in the approved budget.
3. The modification or addition of all job descriptions.
4. The purchase of all nonexpendable personal property not specifically listed
in the approved budget.
5. The disposition of all real, expendable personal, and nonexpendable
personal property as defined in Section 11, Paragraph Q.1. of this contract.
6. All out -of -town travel not specifically listed in the approved budget.
7. The disposition of program income not specifically listed in the approved
program income budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and
Requests for Proposals as provided for in Section II, Paragraph Hof this
contract.
9. The disposal of all contract records as provided for in Section II, Paragraph
J of this contract:
M. Monitoring
The Contractor shall permit OCED. and other persons duly authorized by OCED to
inspect all contract records, facilities, equipment, materials, and services of the
11 of 27
Contractor which are in any way connected to the activities undertaken pursuant to
the terms of this contract, and /or to interview any clients employees,
subcontractors, or assignees of the Contractor. Following such inspection or
interviews, OCED will deliver to the Contractor a report of its findings, and the
Contractor will rectify all deficiencies cited by OCED within the specified period of
time set forth in the report, or provide OCED with a reasonable justification for not
correcting the deficiencies. OCED will determine, in its sole and absolute
discretion whether or not the Contractor's justification is acceptable or if the
Contractor must, despite the justification, rectify the deficiencies cited by OCED in
its report.
N. Conflict of Interest
1. Procurement: The Contractor shall comply with the standards contained
within 24 CFR Part85.36.
2. All Other Cases: The Contractor shall comply with the standards contained
within 24 CFR Part 570.611(2).
3. The Contractor shall disclose any possible conflicts of interest or apparent
improprieties of any party that are covered by the above standards. The
Contractor shall make such disclosure in writing to OCED immediately
upon the Contractor's discovery of such possible conflict. OCED will then
render an opinion which shall be binding on all parties.
O. Publicity, Advertisements and Signage;
1. The Contractor shall ensure that all publicity, public relations and
adverl:s rr,e is and signs, recognize the Miami -Dade Office of Cozr,:r;urit,y
a:.d c ;toxic Development (OCED) a,id Comimunity Ue,relopmn, BlrJcK
Grant (CDBG) for the support of all contracted activities. This is to include,
but is not limited to, all posted signs, ,pamphlets, wall plaques,
cornerstones, dedications, notices, flyers, brochures, news releases, media
packages, promotions, and stationery. All signs used to publicize OCED
contracted activities must be approved by OCED prior to being posted and
must also meet the standard specifications as established by OCED. The
use of the official Miami -Dade OCED logo is permissible
2. The Contractor shall furnish, erect and maintain construction signs in
accordance with sketch included in these contract documents. The signs
shall be made of % inch thick marine plywood, newly painted and lettered
according to the accompanying sketch. The signs shall be painted and
lettered in accordance with professional outdoor sign painting standards
as to layout, symmetry, proportion, clarity and neatness and use of
weather- resistant colors and materials. The _Contractor shall place the
signs, securely braced and mounted, as shown on the typical project sign
placement diagram or as directed by the engineer. All materials shall' be
provided by the Contractor and the signs shall remain in the property of the
Owner at the completion of the contract. NO WORK SHALL COMMENCE
UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL
BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For
this project signs will be required. Payment for furnishing, installing and
maintaining the sign shall be under the bid amount for mobilization.
P. Procurement
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The Contractor must take affirmative _ steps to procure supplies, equipment,
construction, or services to fulfill this contract from minority and women's
businesses, and to provide these sources the maximum feasible opportunity to
compete for subcontracts to be procured pursuant to this contract. To the
maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by OCED in the CDBG
application approved by the supervising federal agency. The Contractor shall
assure that all subcontracts or third party agreements contain provisions with
stated goals, that low- income residents from Community Development focus and
service areas be provided with opportunities for employment and training in
contracted activities.'
In conformance with Section 3 of the Housing and Community Development Act of
1968, the Contractor must direct federal; financial assistance toward Target Area
residents and ensure that employment and economic opportunities be given to low
and very low- income persons, particularly those who are recipients of government
assistance for housing according to the guidelines mentioned below:
1. In conformance with Section 3 of the Housing and Community
Development Act of 1968, the Contractor must direct federal financing assistance
towards Target Area residents and ensure" that employment and economic
opportunities be given to low and very low- income persons, particularly those who
are recipients of government assistance for housing according to the guidelines
mentioned below:
A. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968: amended, 12
U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment
and other econorif^ opportunities ,generated-by HUD assistance or -HUD- assisted
protects covr:rt=.' :n section 3, to the or -itest extent iva�-wle, be directed
low- and very low- income persons, particularly persons who are recipients of HLID
assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR
part 135, which implement section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them' from complying with the part 135 "
regulations.
C. The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the Labor organization or workers'
representative of the contractor's commitments under this section -3 clause, and
will post copies of the notice in conspicuous places at the work site where' both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the section ,3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date, the work
shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in
this section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any
13 of 27
M
subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
G. With respect to work performed in connection with section 3`covered Indian
housing assistance, section 7(b) of the Indian Self- Determination' and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this
contract. Section 7(b) requires that to the greatest extent feasible (i) preference
and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian'
organizations and Indian -owned Economic Enterprises. Parties to this contract
that are subject to the provisions` of section 3 and section 7(b) agree to comply
with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
Property
1. Definitions
a. ea; PrUperty:
appurtenances
equipment.
Lan 1, +alt - -- inrGvcmen.S, structun -', , fixtures and
thereto, excluding movable machinery and
b. Personal Property: Personal property of any kind except real
property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights
C. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $500 or more per item, with
a normal expected life of one or more years, not fixed in place, and
not an integral part of a structure, facility or another piece of
equipment.
d. Expendable Personal Property: All tangible personal property other
than nonexpendable property.
2. The Contractor shall comply with the real property requirements as stated
below:
a. Any real property under the Contractor's control that was acquired
or improved in whole or in part with CDBG funds received from
OCED in excess of $25,000 shall be either:
14 of 27
1) Used to meet one of the three (3) CDBG national objectives
required by and defined in 24 CFR Part 570.208 for five (5)
years following the expiration or termination of this
contract, or for such longer period of time as determined by
OCED in its sole and absolute discretion; or
2) Not used to meet one of the three (3) CDBG National
Objectives. In the event the property is not used to meet
one of the national objectives for five (5) years following the
expiration or termination of this contractor such longer
period as determined by OCED -then the Contract or shall
pay to OCED an amount equal to the market value of the
property as may be determined by OCED in its sole and
absolute discretion, less any proportionate portion of the
value attributable to expenditures of non -CDBG funds for
acquisition -of, or improvement to, the property.
Reimbursement is not required after the period of time
specified in Paragraph Q.2.a.4., above:
b. Any real property under the Contractor's control that was acquired
or improved in whole or in apart with CDBG funds from OCED for
$25,000 or less shall be disposed of, at the expiration or termination
of this contract, in accordance with instructions from OCED.
C. All real property, purchased in whole or in part with funds from this
and previous contracts with OCED, or transferred to the Contractor
after being purchased in whole or in part with funds from OCED,
sisal= be listed in the property records of fh--: Contractor and .c;h,,H
'' a legal description; size; datc- of acquis *Jon, value � +. tifne cl
acquisition;; present market value; 'present condition; address or
location; owner's name if different from the Contractor; information
on the transfer or disposition of the property;_ and map indicating
whether pro: perty is in parcels, lots, or blocks and showing adjacent
streets and roads. The property records shall describe the
programmatic purpose for which the property was 'acquired and
identify th,e1CDBG national objective that will be met. If the property "
was improved, the records shall > describe the programmatic
purpose for which the improvements were made and identify the
CDBG national objective that will be met.
d. All real property shall be inventoried annually by the Contractor and
an inventory report shall be submitted to OCED: when and as
requested by OCED. This report shall include the elements Fisted in
Paragraph Q.2.c., above.
3. The Contractor shall . comply with the nonexpendable personal property
requirements as stated below.
a. All nonexpendable personal property purchased in whole or in part
with funds from this and previous contracts with OCED shall be
listed in the property records of the Contractor and shall include a
description of the property; location; model number; manufacturer's
serial number; date of acquisition; funding source; unit cost at the
time of acquisition; present market value; property inventory
15 of 27
number; information on its condition; and information on transfer,
replacement, or disposition of the property.
b. All nonexpendable personal property purchased in whole or in part
with funds from this and previous contracts with OCED shall be
inventoried annually by the Contractor and an inventory report shall
be submitted to OCED when and as requested by OCED. The
inventory report shall include the elements 'listed in Paragraph
Q.3.a., above.
C. Title (ownership) to all nonexpendable personal property purchased
in whole or in part with funds given to the Contractor pursuant to
the terms of this contract shall vest in the County and OCED.
4. The Contractor shall obtain the prior written approval from OCED for the
disposition of real property, expendable personal property, and
nonexpendable personal property purchased in whole or in part with funds
given to the Contractor or subcontractor pursuant to the terms of this
contract. The Contractor shall dispose of all such property in accordance
with instructions from OCED. Those instructions may require the return of
all such property to OCED:
R. Program Income
1. Program income as defined in 24 CFR Part 570.500 means gross income
received by the Contractor directly generated from activities supported by
CDBG funds. When program income is generated by an activity that is only
partially assisted with CDBG funds, the.income shall be prorated to reflect
ti](; hero -r 1;.,e of C1,'BG fun!? s, (l,cd.
2. If the Contractor generates program income, the Contractor may retain the
program and use it for costs that are in addition to the approved costs of
this contract, provided that such costs specifically; further the objectives of
this contract. These additional costs need not be of a kind that would be
permissible as charges to this contract. However, the Contractor shall not,
under any circumstances, use program income to pay for charges or
expenses that are specifically not allowed pursuant to the terms of this
contract and applicable federal regulations or rules or any County rules or
ordinance:
a. The Contractor shall comply with the program income provisions in
OCED's Contract Compliance Manual. _ If any program income
provisions of the Contract Compliance Manual conflict with any
program income provisions of this contract, the provisions of this
contract shall rule.
b. The Contractor shall report to OCED all cumulative program income
generated from activities financed in whole or in part by funds from
this contract. This information must be submitted quarterly as part
of the Fiscal Section of the Contractor's Progress Report as
outlined in Section II, Paragraph D.1.a.
C. The Contractor shall report program `income for as long as it
receives and /or has control over program income generated from
this and any previous contracts with OCED.
16 of 27
d. The Contractor shall provide to OCED a written explanation of the
activities to be assisted with program income and shall obtain
OCED's written approval prior to implementing those activities. All
provisions of this contract shall apply to any activity performed
using program income.
e. Subject to the limitations set forth in this paragraph, the Contractor
may use program income to fund any CDBG eligible activity as
provided for and defined by 24 CFR Part 570 et seq.
f. Program income from a revolving loan activity must be used only
for the same revolving loan activity,
g. Program income from a revolving loan activity, such as loan
repayments, interest earned, late fees, and investment income, shall
be substantially disbursed to eligible loans, loan- related
programmatic costs, and operational costs for the same revolving
loan activity- before the Contractor may request additional CDBG
funds for that activity.
h. All program income from nonrevolving loan activities shall be
substantially; disbursed to carry out other OCED approved, CDBG
eligible activities, and to cover operational costs before requesting
additional CDBG funds.
L Any proceeds from the sale of property as detailed in Section II,
Paragraph Q.4., above, shall be considered program income.
j. The Contractor shall obtain, as part of the required audit report,
validation by a certified auditor of all program generated income
and its disposition.
3. Upon expiration or termination of this contract or at the end of any program
year, the Contractor shall transfer to the County any program income funds
on hand, and any program income accounts receivable attributable to any
CDBG funded activities. OCED may require remittance of all or part of any
program income balances (including investments thereof) held by the
Contractor (except those needed for immediate cash needs, cash balances
of a revolving', loan fund, cash balances from a 'lump sum drawdown, or
cash or investments held for Section 108 Security needs).
4. OCED, in its sole and absolute discretion, reserves the right to pursue other
courses of action in the retention and use of program income generated by
the Contractor, and such action shall not require an amendment to this
contract.
S. Travel
The Contractor shall comply with the County's travel policies. Documentation of
travel expenses shall conform to the requirements of OCED's Contract Compliance
Manual.
T. Subcontracts and Assignments
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7. The Contractor shall ensure that all subcontracts and assignments:
a. Comply with all requirements and regulations specified in OCED's
Contract Compliance Manual;
b. Identify the full, correct, and legal name of the party;
C. Describe the activities to be performed;
d. Present a complete and accurate breakdown of its price
component;
e. Incorporate a provision requiring compliance with all applicable a
regulatory and other requirements of this contract and with any
conditions of approval that the County or OCED deem necessary.
This applies only to subcontracts and assignments in which parties
are engaged to carry out any eligible substantive programmatic
service, as may be, defined by OCED, set forth in this contract.
OCED shall in its sole discretion determine when services are
eligible substantive programmatic services and subject to the audit
and record- keeping requirements described above, and;
f. Incorporate the language of Attachment E, "Certification Regarding
Lobbying."
2. The Contractor shall incorporate in all consultant subcontracts this
additional. provision:
The 'contractor is not responsible for a,-,v i- l- Arar,ce or ether fri'i g e
E fir^ ;at2i', �' -t., =S cial secu-ty, im-ornet -ix wl`.,ino! dings, retirement cr leave
benefits, for the Consultant or employees of the Consultant normally
available to direct employees of the Contractor. The Consultant' assumes
full responsibility for the provision of all insurance and fringe benefits for
himself or herself and employees retained by the Consultant in carrying out
the Scope of Services provided in this subcontract.
3. The Contractor shall be responsible for monitoring the contractual
performance of all subcontracts and their progress toward meeting the
approved goals and objectives indicated in the attached Scope of Services
4. The Contractor shall receive from OCED written prior approval for any
subcontract prior to engaging any party who agrees to carry out any
substantive programmatic activities as may be determined by OCED as
described in this contract. OCED's approval shall be obtained prior to'the
release of any funds for the subcontractor.
5. The Contractor shall receive written approval from OCED prior to "either
assigning or transferring any obligations or responsibility set forth in this
contract or the right' to receive benefits or payments resulting from this
contract.
6. Approval by OCED of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by
OCED in excess of the total dollar amount agreed upon this contract.
18 of 27
7. If the subcontract involves $100,000 or more to provide services listed in
the Scope of Services or suppliers to supply the materials, the Contractor
shall provide the names of the subcontractors and suppliers to OCED. The
Contractor agrees that it will not change or substitute subcontractors or
suppliers from the list without prior written approval from OCED.
U. Additional Funding
The Contractor shall notify OCED of any additional funding received for any
activity described in this contract. Such notification shall be in writing and received
by OCED within thirty (30) days of the Contractor's notification by the funding
source.
V. Method of Payment
The Contractor shall be paid as described below:
1. The Contractor shall be paid for those expenses allowed pursuant to the
provisions provided below only when the Contractor submits to OCED
adequate proof, as determined by OCED in its sole discretion, that the
Contractor has incurred the expenditures. It shall be presumed that the
Contractor has provided adequate proof of having incurred expenses if the
Contractor submits to OCED canceled checks or original invoices approved
by the Contractor's authorized representative. When original documents
cannot be presented, the Contractor must adequately justify their absence
in writing and furnish copies of tho ; ;e documents to OCED. The Contractor
rr, �;t , 1 quatel; sc one,'° av��;~ c , in writing and furnish copies of t;jUS,
documents to OCED. The Contractor shall be paid only for those
expenditures contained within Attachment B, "Budget," to this contract as
it may be revised with the prior written approval by OCED.
2. Requests for payment shall be assembled by calendar month and
submitted to OCED no less frequently than monthly. Failure to comply may
result in rejection of invoices.
3. In no event shall the County provide advance CDBG funding to the
Contractor or to any subcontractor hereunder nor shall the Contractor
advance CDBG funds to any party.
4. Any payment due under the terms of this contract may be withheld pending
the receipt and approval by OCED of all reports and documents which the
Contractor is required to submit to OCED pursuant to the terms of this
contract or any amendments thereto.
5. No payments will be made without evidence of appropriate insurance
required by this contract. Such evidence must be on file with OCED and
the County's Risk Management Division. OCED must receive the final
request for payment from the Contractor no more than sixty (60) calendar
days after the expiration or termination of this contract. If the Contractor
fails to comply with this requirement, the Contractor will forfeit all rights to
payments if OCED, in its sole discretion, so chooses.
6. Within thirty (30) calendar days after this contract expires or is terminated,
the Contractor shall provide to OCED a list of all invoices and costs that
19 of 27
relate to this contract's approved °Budget and that have not been submitted
to OCED. Any invoice received by OCED, subsequent to receipt of this list
by OCED which reflects a cost not included on this list will not be paid.
OCED must receive the final request for payment from the Contractor no
more than sixty (60) calendar days after the expiration or termination of this
contract. If the Contractor fails to comply with this requirement, the
Contractor will forfeit all rights to payments if OCED in its sole discretion
so chooses.
7. All monies paid to the Contractor which have not been used to retire
outstanding obligations of this contract must be refunded to OCED in
accordance with OCED's Contract Compliance Manual.
8. Any unexpended funds remaining after the completion of the services
under this contract, or after termination of this contract for any reason,
shall be recaptured in full by the County.
W. Reversion of Assets
The Contractor shall return to OCED, upon the expiration or termination of this
contract, all assets owned or held as a result of this contract, including, but not
limited to any funds on hand, any accounts' receivable attributable to these funds,
mortgages, notes, and other collateral, and any overpayments due to unearned or
costs disallowed pursuant to the terms of this contract that were disbursed to the
Contractor by the County. The Contractor shall within thirty days of expiration or
termination- of this contract execute any and all documents' as required by the
County to effectuate the reversion o, assets. Any fund, no; earned, as described
a provit'ed fo" in OMB A-8 7, Ly the Contractor prior tc trio 6xpiratior: or
termination of this contract shall be retained by OCED.
Ill. The County Agrees;
Subject to the availability of funds, to pay for contracted activities according to the terms
and conditions contained within this contract in an amount not to exceed $155,000.
IV. The Contractor and OCED Agree:
A. Effective Date
1. This contract shall begin on January 1, 2001. Any costs incurred by the
Contractor prior to this date will not be reimbursed by the County.
2. This contract shall expire on December 31, 2001. Any costs incurred by the
Contractor beyond this date will not be reimbursed by the County.
3. This contract may, at the sole and absolute discretion of the County and
OCED, remain in effect during any period that the Contractor has control
over contract funds, including program income. However, the County shall
have no obligation or responsibility to make any payment, except those
described within Section h, Paragraph V, or provide any type of assistance
or support to the Contractor if this contract has expired or been terminated.
B. Suspension
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1. OCED may, for reasonable causes, temporarily suspend the Contractor's
operations and authority to obligate funds under this contract or withhold
payments to the Contractor pending necessary corrective action by the
Contractor or both. Reasonable cause shall be determined by OCED in its
sole and absolute discretion, and may include:
a. Ineffective or improper use of these contract funds by the
Contractor or any of its subcontractors;
b. Failure by the Contractor to comply with any term or provision of
this 'contract;
C. Failure by the Contractor to submit any documents required by this
contract; or
d. The Contractor's submittal of incorrect or incomplete reports or
other required documents.
2. In the event of a default by the Contractor, OCED may at any time suspend
the Contractor's authority to obligate funds, withhold payments or both.
These actions may apply to only part or all of the activities funded by this
contract.
3. OCED will notify the Contractor of the type of action to be taken in writing
by certified mail, return receipt requested, or in person with proof of
delivery. The notification will include the reason(s) for such action, the
conditions of thA action; and the necessary corrective- action(s). OCED will
c ,.,,e t ,e on *ractor rez sonable opportunity to rectif<,r any action ir: tier
referenced above.
C. Termination
1. Termination at Will
This contract, in whole or in part, may be terminated by OCED upon no less
than ten (10) working days notice when OCED determines that it would be
in the best interest of OCED and the County. Said notice shall be delivered
by certified mail, return receipt requested, or in person with proof of
delivery.
2. Termination for Convenience
OCED may terminate this contract, in whole part, when both parties agree
that the continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall
agree upon the termination conditions.
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations,
or should funds to finance this contract become unavailable, OCED may
terminate this contract upon no less than twenty-four (24) hours written
notification to the Contractor. Said notice shall be delivered by certified
mail, return receipt requested, or in person with proof of delivery. OCED
21 of 27
shall be the final authority in determining whether or not funds are
available.- OCED may at its discretion terminate, renegotiate and /or adjust
the contract award, whichever is in best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding, reduction of the allocation to the
Contractor through Board of County Commissioners action, the Contractor
may, at its discretion, request in writing from the Director of OCED a
release from its contractual obligations to the County. The Director of
OCED will review the effect of the request on the community and the
County prior to making a final determination.
5. Termination for Breach
OCED may terminate this contract,; in whole or in part, when OCED
determines, in its sole and absolute discretion, that the Contractor is not
making sufficient progress thereby endangering the ultimate contract
performance, or is not materially complying with any term or provision of
this contract.
Unless the Contractor's breach is waived by OCED in writing, OCED may,
by written notice to the Contractor, terminate this contract upon no less
than twenty -four (24) hours notice. Said notice shall be delivered by
certified mail, return receipt requested, or in person with proof of delivery.
Waiver of breach of any provision of this contract shall not be deemed to
be a waiver, of any other breach and shall not be construed to be a
rn -)- ?ification of the te. ms o` tni^ contract. The provision- hQArin do not limit
right t lagai'or n uiza;)ie remedies.
6. Penalties for Fraud, Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any
individual or corporation or other entity that attempts to meet its
contractual obligations with the County through fraud, misrepresentation
or material misstatement, shall be 'terminated, whenever practicable, as
determined by the County.
The County may terminate or cancel any other contracts with such
individual or subcontracted entity it has with the County. Such individual
or entity shall be responsible for all direct and indirect costs associated
with such termination, or cancellation, including attorney's fees.
The foregoing notwithstanding, any individual or entity who attempts to
meet its contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County
contracting for up to five (5) years.
7. Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs
incurred in carrying out activities required by this contract up to the date
and time of termination.
D. Renegotiation or Modification
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Modifications of provisions of this contract shall be valid only when in writing and
signed by duly authorized representatives of each party. The parties agree to
renegotiate this contract if OCED, in its sole and absolute discretion determines
that federal, state, and /or County revisions of any applicable laws or regulations, or
increases or decreases in budget allocations make changes in this contract
necessary. OCED shall be the final authority in determining whether or not funds
for this contract are available due to Federal, state and /or County ;revisions of any
applicable laws or regulations, or increases or decreases in budget allocations.
E. Right to Waive
OCED may, for good and sufficient cause, as determined by OCED in its sole and
absolute discretion, waive provisions in this contract or seek to obtain such waiver
from the appropriate authority. Waiver requests from the Contractor shall be in
writing. Any waiver shall not be construed to be a modification of this contract.
OCED's failure to exercise any of its righf&.2 Figec this contract or OCED's waiver of
a provision on any occasion. shAG` got c' bns:itute a waiver of such rights or
provision on any other occasion. No failure or delay by OCED in the exercise of any
right shall operate as a waiver.
F. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and
must comply with OCED's Contract Compliance Manual. These revisions
shall not require a contract amendment unless the amount of this contract
is changed or unless otherwise - required. by OCED.;. A!' budget revisions
sha!I !e ulrq wri`.ten approval of OCEE)
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Contractor be rescinded
by action from the Board of County Commissioners, written notification via
certified mail to the Contractor advising of the funding reduction shall be
sent by OCED no later than 5 working days of the action; written "
notification will constitute a contract amendment. The Contractor will have
five working days upon receipt of certified return receipt notification to
submit a revised budget reflecting funding adjustments. Should the
modified budget not be received within the specified time, OCED will revise
the budget at its discretion.
OCED in its sole and absolute discretion will determine whether substantial
reductions will necessitate revision and resubmittal of the Scope of Service
(Attachment A). Revisions to the Scope of Service, when required, will be
negotiated to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this contract's
objectives are classified as noted in the Scope of Services shall not require
a contract amendment.
G. Disputes
In the event an unresolved dispute exists between the Contractor and OCED, OCED
shall refer the questions, including the views of all interested parties and the
23 of 27
recommendation of OCED, to the County Manager for determination. The County
Manager, or an authorized representative, will issue a determination within thirty
(30) calendar days of receipt and so advise OCED and the Contractor or in the
event additional time is necessary, OCED will notify the Contractor within the thirty
(30) day period that additional time is necessary. The Contractor agrees that the
County Manager's determination shall be final and binding on all parties.
H. Headings
The section and paragraph headings in this contract are inserted for convenience
only and shall not affect in any way the meaning or interpretation of this contract.
1. Minority Participation
In order to gain greater Black business participation, the Contractor may submit its
contracts to the County Manager for bidding and award in accordance with County
policies and procedures.
J. Proceedings
This contract shall be construed in any manner pertaining or relating to this
contract shall, to the extent permitted by law, be held in Miami -Dade County,
Florida.
K. Independent Private Sector Inspector General Reviews
1. Miami -Dade County has established the Office of the Office of Inspector
General which is empowered to perform random audits on all County
cort„ac.t;s, taro- ughout the dumticn of e ,ch contract, Gr -nt recipiem.i• are
e, erript rc... =payinq the cos`_ of the au 1i; w:-Illch is normally' /4 of'1% of the
total contract amount.
The Miami -Dade County Inspector General is authorized and empowered to
review past, present and proposed County and Public Health Trust
programs, contracts, transactions, accounts, records and programs. In
addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may
include a report concerning whether the project is on time, within budget
and in compliance with plans, specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and
reasonableness of proposed charge orders to the Contract. The Inspector
General is empowered to retain the services of independent private sector
inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect
and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal
submittals, activities of the Provider, its officers, agents and employees,
lobbyists, County staff and elected officials to ensure compliance with
contract specifications and to detect fraud and corruption.
Upon ten (10) days prior written notice to the Provider from the Inspector
General or IPSIG retained by the Inspector General, the Provider shall make
all requested records and documents available to the Inspector General or
IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the
24 of 27
Provider's possession, custody or control which, in the Inspector General
or IPSIG's sole judgment, pertain to performance of the contract, including,
but not limited to original estimate ` files, worksheets, proposals and
agreements from and with successful and unsuccessful subcontractors
and suppliers, all project- related correspondence, memoranda,
instructions, financial documents, construction documents, proposal and
contract documents, back - charge documents, all documents and records
which involve cash, trade or volume discounts, insurance . proceeds,
rebates, or dividends received, payroll and personnel records, and
supporting documentation for the aforesaid documents and records.
The provisions in this section shall apply to the Provider, its officers,
agents, employees, subcontractors and suppliers. The Provider shall
incorporate the provisions in this section in all subcontractors and all other
agreements executed by the Provider in connection with the performance
of the contract.
Nothing in this contract shall impair any independent right of the County to
conduct auditor investigative activities. The provisions of this section are
neither intended nor shall they be construed to impose any liability on the
County by the Provider or third parties. The Contractor is aware that
Miami -Dade County Office of the Inspector General has the right to perform
ramdom audits on all county contracts throughout the duration of each
contract. Grant Recipients are exempt from paying the costs of the audit,
which is` normally ' /. of 1% of the total contract amount.
L. Notice and Contact
OCi =L's represe7tatve for this csnvrz t is ;David S,vnet. i-he Contractor's
representative for this contract is Charles D. Scurr. The` Contr ctor's principal
office is at 6130 Sunset Drive, South Miami, Florida 33143.
In the event that different representatives are designated by either party after this
contract is executed, or the Contractor changes its address, notice of the name of
the new representative or new address will be rendered in writing to the other party
and said notification attached to originals of this contract.
M. Name and Address of Payee
When payment is made to the Contractor's assignee, the name and address of the
official payee is: NIA
N. Waiver of Trial
Neither the Contractor, subcontractor, nor any other person liable for the
responsibilities, obligations, services and representations herein, nor any
assignee, successor, heir or personal representative of the Contractor,
subcontractor or any such other person or entity shall seek a jury trial in any
lawsuit, proceeding, counterclaim or any other litigation procedure based upon or
arising out of this Contract, or the dealings or the relationship between or among
such persons or entities, or any of them. Neither Contractor, subcontractor, nor
any such person or entity will seek to consolidate any such action in which a jury
trial has been waived. The provisions of this paragraph have been fully discussed
by the parties hereto, and the provisions hereof shall be subject to no exceptions.
25 of 27
No party has in any way agreed with or represented to any other party that the
provisions of this paragraph will not be fully enforced in all instances.
0. All Terms and Conditions Included:
This contract and its attachments as referenced (Attachment A - Scope of Services;
Attachment B - Budget; Attachment C Progress Report; Attachment D
Information for Environmental Review; Attachment E - Certification Regarding
Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all
the terms and conditions agreed upon by the parties.
26 of 27
IN WITNESS THEREOF, the parties hereto have caused this twenty -seven (27) page c ntract to be
executed by their undersigned officials as duly authorized, this / day of 2001.
CONTRACTOR:
CITY OF SOVTHMIMIAMII_
BY:,�� f�- ✓Li��J
NAME: Charles D. Scurr
TITLE: City Manager
DATE: S' 2 `;2-' 0
ATTEST
BY:
TITLE:
DATE: 3Vy o
Witnesses:
BY: -
(Signature)
Rai p� Polo
type of Pr', t ame
(Sgna�tte)
Type of Print Name
Federal ID Number: 59- 6000431
Contractor's Fiscal Year Ending Date:
Resolution #: R- 1349 -00
CORPORATE SEAL:
V! '
TITLE: County Manager
ATTEST ,
BY �-
TITLE: Clerk, Board of County
Commissioners
t � n
T, :mss
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
27 of 27
A E`' Attachment A
CITY OF SOUTH MIAMI
FY 2001
Scope of Services
January 1, 2001 — December 31, 2001
Project Title: Niurra`' Park Tot Lot Project
Description: To enhance current efforts to reconstruct a deteriorated public part: located in a
slum and blighted area by installing a tot lot.
HUD Matrix Code/Title (Eligibility): 03F
Accomplishments: Installation of one tot lot
Funding Source: CDBG 2001; City of South Miami: South Miami CRA
.��:v .<<' t;� �� 'L Category and Subcategorti-: LV Incnn�
Location: 6700 SW 58`h Place, South Miami, FL 33143
Action Steps
1. Obtain environmental clearance
2. Advertise for general contractor
3. Select general contractor and site clearance
4. Begin construction project
5. Complete construction project
Page 1 of 2
Date of Completion
First Quarter
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
f
Attachment A
CITY OF SOUTH MIAMI
FY 2001
Scope of Sen'ices
January 1, 2001 - December 31, 2001
Project 'Fitle: Reconstruction of SW 59 Place
Description: To plan, design and reconstruct SW 59t" Place, from S%V 64`i' Street south to
Sunset Drive. in order to enhance the aesthetic and function of the street by providing wide
navigable sidewalks, bike lanes, street trees, traffic - calming more appropriate land and parking
configurations and other pedestrian amenities.
HUD Matrix Code/Title (Eligibility): 03K— Street Improvements
Accomplishments: approximately 4,000
Funding Source: CDBG '_ 101 Ci± .l. of South Miami; South Miami CR. -,%
National Objective C'aiegoii and Subcategory: L/M Income Area Benefit
Location: SW 59th Place, from SW 64`h Street south to Sunset Drive; South Miami, FL
33143
Action Steps
a. Contract with Engineering/Design firm to evaluate and recommend design changes and
associated costs to all streets within the CRA District. Completed
b. Prepare and issue an RFP for an Engineering/Design Firm to produce construction
drawings for SW 591h Place.. Completed
C. Select Engineering/Design Firm. First Quarter
d. Negotiate Contract with selected Firm. Second Quarter
e. Produce plans and complete permitting. Third Quarter
f. Begin Construction. Third Quarter
g. Complete Construction. Fourth Quarter
j
Page 2 of 2
'i
Attachment B
CITY OF SOUTH MIAMI
Detail Buduet and Justification
Murray Park Tot Lot Pro *ect
Non-
OCED -OCED Total
L PERSONNEL SERVICES
Project Administration - Ralph do5a4c S 5.000 S 5.000
l[. CONTRACTUAL SERVICES S50.000 S50.000
Construction
III. OPERATING EXPENSES
IV CAPITAL OUTLAY
Total S55.000 S55;000
Page 1 of 4
oyolo
6log
Attachment B
DETAILED BUDGET FUNDING SOURCE
PLEASE GROUP DETAILED COSTS FROM ATTACHMENT 25
INTO THE FOLLO'VING CATEGORIES. TOTALS MUST AGREE.
AGENCY NAME: City of South Miami
PROPOSED ACTIVITY NAME: Murray Park Tot Lot Project
TOTAL PROPOSED ACTIVITY COST: S55.000
SOURCES OF FUNDS
U 5 .:�, G Ir U NDS
AMOUNT
APPLIED FOR
AMOUNT
COMMITTED
TOTALS
CDBG
555,000
ADMINISTRATION
$ 55.000
OTHER COUNTY FUNDS'
HOME
j
SORT. ,V
.SHIP
CAPITAL OUTLAY
$50,000
ESG"
550,000
BANK FINANCING
555;000
r
OTHER SOURCES:
(DESCRIBE) CDBG, SNP
$55.000
51292.874 1
S2.292.874
TOT !,S
S55,000
S??9?.c�!'
52.347.874
U 5 .:�, G Ir U NDS
ADMINISTRATION EXPENSES: GENERAL COSTS SUCH AS OVERHEAD OR
PERSONNEL, INCLUDING PRORATED COSTS.
OPERATING EXPENSES: COSTS DIRECTLY RELATED TO THE ONGOING
OPERATION OF THE PROPOSED ACTIVITY.
Page 2 of 4
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CDBG
COUNTY
BANK
FINANCING
OTHER
SOURCES
;TOTALS
ADMINISTRATION
$5,000
55.000
OPERATING
EXPENSES
CAPITAL OUTLAY
$50,000
_
550,000
TOTALS
555;000
$55.000
ADMINISTRATION EXPENSES: GENERAL COSTS SUCH AS OVERHEAD OR
PERSONNEL, INCLUDING PRORATED COSTS.
OPERATING EXPENSES: COSTS DIRECTLY RELATED TO THE ONGOING
OPERATION OF THE PROPOSED ACTIVITY.
Page 2 of 4
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Attachment B
CITY OF SOUTH MIAMI
Detail Budaet and Justification
Reconstruction of Sit' 59 "' Place
Non-
OCED OCED Total
L PERSONNEL SERVICES
Project Administration S21.250 S21.250
IL CONTRACTUAL SERVICES
Firm to Design Construction Drawings S50,000 S50.000
111. OPERATING EXPENSES
IV. CAPITAL OUTLAY
;incl. S22&750 S100,000 _, S32;S 7,0
Total S300,000 S 1 00.000 S400,000
Page 3 of 4
PROGRESS REPORT
GENERAL INSTRUCTIONS
NA-ME
Type or print the name of the organization.
ADDRESS
Type or print the address of your organization.
TELEPHONE NUMBER
Print the telephone number of your organization.
FAX NUMBER
Print the fax number of your organization.
AGREEMENT A.- 'MOUNT
Print the total amount of OCED funds under this contract
(only the contract covered by this report).
FUfiDING SOURCE
Indicate the funding source for the contract or the
amendment covered by the report (e.g., CDBG, HOME,
HATE, SHIP, ESG.)
CONTRACT PERIOD
Enter the dates when the contract period began and ,,,,hen
the contract period ended.
REPORTING PERIOD
Enter the dates when the report period began and when the
rapnrt � ..
REPORT NUMBER
There are four reports each year, one each qua,er. Indicate
the numerical sequence of this report.
CONTRACT ACTIVITIES
List the titles of the activities covered bV this report.
IDENTIFICATION NUMBER - List the identification number for each of the activ -itv listed
on this report (contact your OCED Planner for t1-6s
information).
NAME AND TITLE OF
Self explanatory.
PERSON AUTHORIZED
TO CERTIFY ACCURACY
OF THE REPORT
SIGNATURE
The signature of the person who certified the accuracy of
the report.
DATE
Print the date when your organization submitted the repot
to OCED.
Pace 2 Of 20
-- NAME
ADDRESS
TELEPHONE
NUMBER
FAX
NUMBER
AGREEMENT AMOUNT
FUTDING SOURCE
CONTRACT PERIOD
REPORTING PERIOD
REPORT NUMBER
INSTRUCTIONS: List all the activities (by title and by assigned activit -v r) mentioned in the agreement
identified above.
Name Ind Title of Person .Authorized to Signature
Certif` :�ccuracs of the Report
—Date
OFFICE OF CO%I',IC',IT1 A-ND ECOtiO',II( DEVELOPMENT
PROGRESS REPORT
GENERAL INSTRUCTIONS
NAME Type or print the name of the organization.
ADDRESS Type or print the address of your organization.
TELEPHONE NUMBER Print the telephone number of your organization.
FAX NUMBER Print the fax number of your organization.
AGREEMENT AMOUNT Print the total amount of OCED funds under this contract
(only the contract covered by this report).
FUNDING SOURCE Indicate the funding source for the contract or the
amendment covered by the report (e.g., CDBG, HOME,
HATF, SHIP, ESG.)
CONTRACT PERIOD Enter the dates when the contract period began and when
the contract period ended.
REPORTING PERIOD Enter the dates when the report period began and when the
2.jor' p?.- od ended.
REPORT NUMBER There are four reports each year, one each quater. Indicate
the numerical sequence of this report.
CONTRACT ACTIVITIES List the titles of the activities covered by this report.
IDENTIFICATION NUMBER List the identification number for each of the activity listed
on this report (contact your OCED Planner for this
information).
NAME AND TITLE OF
PERSON AUTHORIZED
TO CERTIFY ACCURACY
OF THE REPORT
SIGNATURE
DATE
Self explanatory.
The signature of the person who certified the accuracy of
the report.
Print the date when your organization submitted the report
to OCED
Pace 2 of 26
SECTION I- STATUS OF CONTRACT ACTIVITIES
INSTRUCTIONS:
In brief terms, list the action steps associated with the activity mentioned above, then complete the chart
Identification of Variables Enhancing or Preventing
Achievement of Program Objectives and Action Steps
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OFFICE OF CO%IMU',ITY Xti'D ECONOti11C DEVELOPMENT
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SECTION I: STATUS OF CONTRACT ACTIVITIES
GENERAL INSTRUCTION Your organization must complete this section for EACH
activity covered in your contract or agreement.
ACTIVITY TITLE List the title of the activity being reported on as it appears
in the Scope of Services of your organization's agreement.
GOAL Describe the goal that the activity will achieve.
TABLE I In BRIEF TERMS, describe each objective associated with
the activity. For each objective, describe in quantifiable
terms- the cumulative achievement.
TABLE II In BRIEF TERMS, describe the action steps of the activity
mentioned above. On the chart, indicate the projected
completion date, projected units of service and actual units
of service for each action step.
TABLE III: In BRIEF TERMS, describe those variables that either
enhanced or prevented the achievement of the proposed
objectives and action steps.
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SECTION II: FISCAL INFORMATION
GENERAL INSTRUCTIONS This portion of the report must include only OCED funds
and expenditures covered by your organization's contract
with OCED. This section of the report covers fiscal
acitivities from the beginning of the contract date through
the cut -off date covered by the report.
BUDGET AND EXPENDITURES
APPROVED BUDGET For each category, list the amount of funds allocated in the
most recent approved OCED budget for your contracted
activity;
PROJECTED List the the project expenditures through the cut -off date of
the report for each of the budget categories.
REIMBURSED List the contract expenditures that OCED has reimbursed to
your organization through the cut -off date of the report.
ACTUAL
List ALL the contract expenditures, whether or not they
have been reimbursed by the County, OCED, that your
agency , ,cU ' t} rc,a_r. tn, c.:t -off date of the report.
PROJECTED EXPENDITURES
List all the expenditures that your organization anticipates
FOR NEXT REPORTING
will be incurred in the 'implementation of the contracted _
PERIOD
activities through the end of the next reporting period..
PROJECTED CUMULATIS'E
List all the expenditures that your organization anticipates
EX'PENDITLrRES BY
«rill be incurred in the implementation of the contracted
THE END OF CONTRACT
activities through the end of the contracted period
PERIOD
PROGRAM ItiCOME USAGE
List the identification numbers for EACH income
generating activity in the agreement. Indicate the amounts
used under each budget category .
Page 6 of 26
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SECTION III: MINORITY BUSINESS ENTERPRISE DATA
GENERAL INSTRUCTIONS
ACTIVITY TITLE:
Enter the title of the activity being reported as it appears on the
Scope of Services. Use one form for each activity.
ACTIVITY NUMBER:
Enter the iderntification number assigned to the activity. Contact your
OCED Planner for this number.
SPECIFIC INSTRUCTIONS
NA-NM OF CONTRACTOR/
Enter this information only once on each report for each
SUBCONTRACTOR OR
firma Receiving funds through your organization's
b'EN''DOR, ADDRESS AND
contract with OCED..
TELEPHONE NUMBER:
VENDOR 1D #:
Enter the Employer Number that L.R.S. has assigned to the
Vendor /Subcontractor. Each vendor must have unique identifier.
PRIME CONTRACTOR
Enter the Employer Number that I.R.S. has assigned to the
f
Prime Contractor as a unique identifier. This information must be prop ided for
each vendor listed.
RACE/ETHNIC GROUP >
Enter the numeric code( I through 6) that identifies the
raciaVethnic background of the owner(s) and controller(s) of 51 °0 of the
business. If 51% of the business is not controlled by any single racial
or ethnic group, then enter the code that seems most appropriate. The
codes are listed at the bottom of the form.
TYPE OF TRADE:
Enter ,he nutneric,code that best describes the
1L.a, ter, r's'subconbtractor'swendor'sset ,—s. The codes -- -°
c fr-,n. of tnis page.
AMOUNT OF
Enter the total amount expended for goods, services,
CONTRACT/
suppliesrand/or constriction costs for each vendor, contract
SUBCONTRACT
and subcontract. to cases where commodities or
OR PURCHr,SE:
equipment purchases comprise the majority of the expendibires for the
period, then combine all expenses for the reported period.
TOTAL
Enter the total amount of dollars expended on goods ,services, supplies.
and/or construction for all contracts, subcontracts, and purcha-ses that
occurred during the reporting period.
AFRICAN AMERICANS CILART
NUMBER OF CONTRACTORS,
SUBCONTP.ACTORS, OR
VENDORS
TOTAL DOLLARS AWARDED
PFF:CFNTAGE OF TOTAL
A C T1 V TTY
Enter the number of African . American firms that transacted
business with your organization during the reposing period.
This information must be reported for organizations with at least
51 % African American oµncrship or control
Enter the total dollars paid to African American firms during, the reporting
period
Enter the percentase of total dollars received b� Afric -n
Are, scan firms from funds etipcnded b� vOu,, organization „urine
reporting period
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ACTIVITYSUMMARY: ECONOMIC DEVELOPMENT
GENERAL INSTRUCTIONS
ACTIVITY TITLE: Enter the title of the activity being reported as it appears on
the Scope of Services. Use one form for each activity.
ACTIVITY NUMBER: Enter the identification number assigned to the activity.
Contact your OCED Planner for this number.
CDC NAME AND ADDRESS: List the names and addresses of the Community
Development Corporations assisted during the reporting
period.
TYPE OF ASSISTANCE In BRIEF terms, describe the type of assistance provided
PROVIDED:
PERIOD OF ASSISTANCE: Enter the dates when the assistance began and when the
assistance ended.
.f 03 C RJ _=,JF1,k. RETENTION CHART _
INSTRUCTIONS: 1) Enter the names of the businesses assisted during the
reporting period. Enter the expected and actual
number of jobs created. Indicate the expected number
and actual number of jobs that were created for low or
moderate- inccome persons.
2) Enter the expected and actual number of jobs retained.
Indicate the expected number and the actual number of
jobs that were retained by low /moderate - income
persons.
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ACTIVITY SUMMARY - COMMERCIAL AND INDUSTRIAL
GENERAL INSTRUCTIONS
ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope
of Services.
Use one form for each activity.
ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your
OCED Planner
for this number.
BUSINESS NAME AND ADDRESS: List the name and address of each business assisted during the
reporting
period.
ASSISTANCE PERIOD: Enter the dates when the assistance began and when the assistance
ended.
SQUARE FOOTAGE: Enter the square footage of the particular development
JOB STATUS: 1) For EACH business assisted during the reporting period,
enter the expected a-rid actual number of jobs created
for lmx -and moderate- income persons.
2 For EACH business assisted durinz the reporting period,
enter the expected and actual number ofjobs retained for
to w- and moderate- income persons.
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Page 12 of 26
PROTECT TITLE:
GPR ACTIVITY NUMBER:
�TY_PEOFASSISYMCE . r :. PERIOD OF .
:ADC NAME = _ AO ®RESS �' R. `- PROVIDED - ASSISTANCE
HOUSING DEVELOPMENT AND REHABILITATION
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ACTIVITYSUMMARY: TECHNICAL ASSISTANCE
GENERAL INSTRUCTIONS
ACTIVITY TITLE.
Enter the title of the activity being reported as it appears on the
Scope of Services. Use one form for each activity.
ACTIVITY NUMBER:
Enter the identification number assigned to the activity. Contact your
OCED Planner for this number.
CDC NA1vIE AND ADDRESS:
List the names and addresses of the Community Development Corporations
assisted during the reporting period.
TYPE OF ASSISTANCE PROVIDED:
In BRIEF terms, describe the type of assistance provided.
PERIOD OF ASSISTANCE
Enter the dates when the assistance began and when the assistance ended
HOUSING DEVELOPMENT
AND REHABILITATION
I) Enter the narnes of the Community Development Corporations assisted
during the reporting period. Enter the expected and actual number of
new housing units developed Indicate the total number of units
that were developed for loA /.moderate income persons
2) Enter the expected and actual number of housing units rehabilitated
Indicate the total number of units that were rehabilitated for low/
moderate- income persons.
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SECTION IV: NEIGHBORHOOD EMPLOKfi1ENT OPPORTUNITIES DATA
GENERAL INSTRUCTIONS
ACTIVITY TITLE: Enter the title of the activity being reported as it
appears on the Scope of Services. Use one form for
each activity.
ACTIVITY NUMBER: Enter the identification number assigned to the
activity. Contact your OCED Planner for this
number:
LOCATION: Enter the specific location where the activity is being
performed.
NUMBER OF FEMALE -Enter the number of female- headed households HEADED
HOUSEHOLDS assisted during the reporting period.
EMPLOYMENT DEMOGRAPHICS CHART
INSTRUCTIONS: Indicate the number of persons employed through the
im,- 1PR,antation o.` the
reporting period. This information must be oa-sea on the
individual's income level, gender, and ethnicity.
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GENERAL INSTRUCTIONS
ACTIVITY TITLE: Enter the title ofthe activity being reported as it appears on the
Scope of Services. Use one form for each activity.
ACTIVITY NUMBER. Enter the identification number assigned to the activity. Contact your
OCED Planner for this number.
LOCATION: Enter the specific location where *he activity is being performed.
NUMBER OF FEMALE Enter the number of female- headed households assisted during the
HEADED HOUSEHOLDS reporting period.
PERSONSSERVED
INSTRUCTIONS: Indicate the number of persons served during the reporting period according to
their income level, gender, and ethnicity.
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ACTIVITY SUMMAR Y. B USINESS FINANCING
GENERAL INSTRUCTIONS
ACTIVITY TITLE:
Enter the title of the activity being reported as it appears on approved
Scope of Services. Use one form for each activity.
ACTIVITY NUMBER:
Enter the identification number assigned to the activity. Contact your
OCED Planner for this number.
BUSINESS NAME AND ADDRESS:
List the name and the address of each business assisted during the reporting
period:
ASSISTANCE PERIOD:
Enter the dates when the assistance began and when the assistance ended.
FUNIDING:
In the appropriate column, indicate for each business the amount of funding
received from OCED; from other public funding sources, and from private
sources. Indicate the total of these funding sources in the column marked
TOTAL.
JOB STATUS:
1) For EACH business assisted during the reporting period, enter the expected
and actual number of jobs created for lo%k /moderate- income persons.
2) For EACH business assisted during the reporting period. enter the expected
I
an' acl-�,al number of Jobs retained for low /moderate - income persons.
Page 22 of 26
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EARNED INCOME
PART C. REVOLVING LOAN
PART D: NON -RLF EARNINGS
GENERAL INSTRUCTIONS
GENERAL INSTRUCTIONS
1) )Revolving Loan program income must be
1) )Report income received under the current contract
reported separate from other types of
period.
program income.
2) )This portion of the report should only
2) )For Non -RFL income from prior contracts,
contain OCED contracts Revolving Loan Fund
your organization must report on the prior
income
period the eamings and the balance at the
conclusion of the preceding contract-, DO NOT
include any other Non -RFL amounts from prior
contracts anywhere else on this report.
3) )This income must be reported cumulatively for the
3) )For Non -RLF income from prior contracts, your
contract period for as long as the Contractor
organization must report on a separate earned
is holding program income, loan
income�report any amount that your organization
-,a, he holding or d unn, ti e c',7,ent
period if there has been a -a 1r, `the
contractual relationship with OCED
4) )Indicate under PA`t-MENTS ON LOANS the
payments made by borrower or principal and interest
and the income from the resale of loans.
5) )Indicate under INVESTMENT INCOME the
income earned from the deposits or investment of
RLF cash receipts in a bank or other type of
financial institution.
flare 24 of 2b
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ACTIVITYSUMMARY- COMMERCIAL REVITALIZATION
PROTECT TITLE:
GPR ACTIVITY NUMBER:
ACTIVITYSUMMARY.• COMMERCIAL REVITALIZATION
GENERAL INSTRUCTIONS
ACTIVITY TITLE: Enter the title of the activity being reported as it appears on
the Scope of Services. Use one form for each activity.
ACTIVITY NUMBER: Enter the identification number assigned to the activity.
Contact your OCED Planner for this number.
BUSINESS NAME AND List the name and address of each business assisted during
ADDRESS: the reporting period.
ASSISTANCE PERIOD: Enter the dates when the assistance began and when the
assistance ended.
FUNDING: In the appropriate column, indicate for each business the
amount of funding received from OCED, from other public
funding sources, anL f _ private sources. Indicate the total
L these fun = s.- ` :n :. ..):anin marked = TGTA'..
Page 26 of 26
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U.S. IIUD SECTION 3 REPORT
Economic Opportunities for Low & Very Lov - Income Persons in Connection with Assisted Projects
AGENCY NAME: PROJECT NAME:
AGENCY ADDRESS: -__ CONTRACT AMOUNT: _S
PERIOD REPORTED: QTR 1 2 3 4
(CIRCLE ONE)
REPORT REVIEWED /APPROVED BY: TELEPHONE #:
(SIGNATURE)
PART ONE - EMPLOYMENT & TRAINING - To be completed for each project and submitted quarterly to
OCED by April 15, July 15, October 15 and January 15.
PAR TWO - SUBCONTRACTS A«'ARDED - for goods and services associated �k ith this project.
A 6 C D
TYPE OF CONTR-ACT Total S Total °,o B TO A INUMBER OF SECTION 3 BL`SINESSES RECFIvING
Amount of ! 5 Amount of CONTRACTS BY R:ACIAUETHNIC IDENTIFICATION
Contracts Contracts — —4 - -
A -arded Awarded to 1 I = I 3 � �— {
Section I N'h)te ' Afrcan Native Hispan)c Asian- Pasifri I as
_ I r1Caf American I te•�
I tSusmesses Amencan, AMC IAmencaniAmencanl
CONSTRUCT 1 I I
CONSTRUCTION
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G
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RAMUETMN•IC CODES
JOB CATEGORY
Total New
Total New
/o o Of New
Total
Total
%of
Hires
Hires
Employee
Employee
Employee
1
2
3
4
5
(Total of
who are
Hires that
Trainee
Trainee
Trainee
�l hite
African
ispan(c
Asia.:
Column G,
Sections 3
are Section
3 Residents
Hours
Hours
Hours
Amer.
(Native
Amer.
Amer.
Amer.
or
I -S)
Residents
Worked
worked
Worked
Pacific
(B /A)
by Section 3
Section 3
Amer.
Residents
Residents
(E / D)
ROFESSIO`AL
I
ECHNICI.A S
I
I
OFFICE/
{CLERICAL
f N' TRADE
LIST)
i
BADE:
TRADE:
R.A D E:
(TRADE:
TRADE: I
- —
OTHER:
TOTAL: i
i
I
I
I
!�
PAR TWO - SUBCONTRACTS A«'ARDED - for goods and services associated �k ith this project.
A 6 C D
TYPE OF CONTR-ACT Total S Total °,o B TO A INUMBER OF SECTION 3 BL`SINESSES RECFIvING
Amount of ! 5 Amount of CONTRACTS BY R:ACIAUETHNIC IDENTIFICATION
Contracts Contracts — —4 - -
A -arded Awarded to 1 I = I 3 � �— {
Section I N'h)te ' Afrcan Native Hispan)c Asian- Pasifri I as
_ I r1Caf American I te•�
I tSusmesses Amencan, AMC IAmencaniAmencanl
CONSTRUCT 1 I I
CONSTRUCTION
i I I
Of ,
Office ofCommunir, and Economic Development
U.S. HUD SECTION 3 REPORT
PART TfIREE - SUMMARY Indicates the efforts made to direct the employment and other economic
opportunities generated by HUD financial assi-tance,for housing and community development programs, to the
greatest extent feasible, toward low - and very low- income persons, particularly those who are recipients of
government assistance for housing. (Check all that apply.)
O Attempted to recruit low - income residents through: Focal advertising media, signs prominently displayed at
the project sit, contracts with community organizations and public or private agencies operating within the
metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or
similar
O Participated in a HUD program or other program which promotes the training or employment of Section 3
Residents.
O Participated in a HUD program or other program which promotes the award of contracts to business concerns
which meet the definition of Section 3 business concerns.
O Coordinated -with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered
project is located.
O Other, describe below.
Page 2 of 2
Office of Community and Fconomic Development
A l L n 1, pPLGIy 1 L
NILAMI -DADE OFFICE OF COMMUNITY DEVELOPMENT
INFORMATION FOR ENVrR0N`NIENTAL REVIDW FORM
Funding Source (circle) and Year:
CDBG-, HOWL; HOPE 3; HOMELESS; HOPWA
Name of Subrecipient/Agency:
FY 199
Name of Proposed Activity:
Location (Folio Number and Address) of Proposed Activity:
Name, address, and phone and fax numbers of loan/grant recipient:
Detailed description of project (include Rork program and /or scope of sen-ice and if this is a
rehabilitation project, attach itemized budget).
Parri.
«'ilI the activit} result in the following?
Yes No
Change in use
Sub- surface alteration (i.e. excavations)
New construction
Renovation or demolition
Site improvements (utilities, sidewaLk, landscaping, storm drainage,
parking areas, drives, etc.)
Displacement of persons, households or business
Increase in population working or living on site
Land acquisition
Activit} in 100-)-ear floodplain
Page 2 of 5
Yes No
A new nonresidential use generating at least 1,375,000 gallons of
Rater or 687,500 gallons of sewage per day.
Use requiring operating permit (i.e. for hazardous waste,
pretreatment of sewage, etc.)
A- sanitary landfill or hazardous " aste disposal site
Tree removal or relocation
Street improvements
The impounding lof more than 10 acre feet of Rater (e.g. digging a
lake or diverting or deepening of a body of Rater).
Part II.
Site Information
A. Land use (please describe)
• Proposed
B. If activity includes new construction, renovation or rehabilitation, photographs must be
provided of each side (front, rear and sides) of the structure(s) proposed for assistance and
the buildings on the abutting lots. The photographs shall be identified by address. In
addition, provide for tach ezisting structure on the site, the following information:
• Ezisting structure(s) on site
ves no
• Estimated age of structure(s)
Page 3 of 5
C. Other Site Information
Yes No
Flood insurance
Public water
Public sewer
Children; or child under 7 years of age residing on
site (including day care facility,) or relocating to it
Hazardous waste disposal facility
Storage of hazardous materials
Abandoned structure(s)
D. If the proposed activity includes a new structure(s) or site improvements on a site of one (1)
acre or more, a site plan must be provided. Project(s) will not be environmentally revieRed
without a site plan.'
E. If t' e proposed ac:i its ir,- ±des rehabilitation or renovation of structure(s), indk -v* t: c
approximate >,1L_.,of tre is l.rement.
0 to 39.9 percent of the market value of the structure(s)
40 to 49.9 percent of the market value of the structure(s)
50 to 74.9 percent of the market value of the structure(s)
75 percent or more of the market value of the structure(s)
Page 4 of 5
F. If the proposed activity involves the transfer of any property, new construction or a
securing of a loan for a nonresidential parcel, provide a Phase I Environmental. Audit
determining the likely presence of either a release or threatened release of a hazardous
substance. An audit is a revim- of a site and adjacent properties and involves Preparing a
history of ownership, land use and zoning for the last 50 years; researching environmental
records for information on hazardous waste sites, hazardous facilities, solid waste/landfill
facilities and underground storage tanks (available through the Department of
Environmental Regulations and Management (DEW, Florida Department of
Enviroomental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and
inspecting the site for physical evidenct of contamination such as damaged vegetation or
stains in the soil.
Yes No
If yes,a copy of the Phase I Environmental Audit must be submitted.
G. Environmental Health Information
• If a residential site, and the activity includes or involves rehabilitation, has it been
inspected for defective paint surfaces?
Yea No
if YES, please submit the results.
• Has any child under the age of seven at the site been tested for elevated levels of lead in
the body?
Page 5 of 5
H. Other Attachments
1. Maps - show location of property- in the County and/or City and a street /plat map With the
location or lot clearly pointed out.
2. For housing/building rehabilitation projects only, it budget describing the major
components of the rehabilitation program planned, and a photograph of the property.
3. For historic - proprieties, include:
Photographs of the property, and a description of any adjacent historic properties that ma}-
be affected by your activity.
I certify to the accuracy, of the above information.
Name Title Date
Name of Organization or Corporation
If you have any questions or comments in regards to this form, please contact Pat Moore of
Miami -Dade Department of Planning, Development and Regulation at 375 -2805, or A.B.
Mumford of the Ofiict of Community Development, at 375 -3433.
Unless others ise indicated, this completed form and attachments should be forwarded to:
Community- Development Division Director
Office of Community and Economic Development
140 West Flagler Street, Suite 1000
Miami, Florida 33130
6/1/92
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and behalf, that:
Attachment E
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of `a Member of Congress in connection with the awarding of any Federal
contract the malarig of any Federal grant, the malting of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renew, amendment,
or modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or wi11 be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the undersigned shall complete and subrnit Standard Form - LLL,
"Disclosure Form to Report Lobbying," in accordance with its insu-uct ohs.
I The undersigned shall _reqLire that the lancruage of tl-i s cei-- �.fication be Ln-cluded i-i
t _ a,'.`_a C d cl1_'ne S Wards at ?11 - °'s (lnclud�ing SLhcr:-'`',ac'.'
cU..,l aCi ur, �r C a.i; _: a_ic G J . ct'.V " "� a reementS� er:U this.
shall certify and disclose accordingly:'
4. This certification is a material representation of fact upon r which re?,a-ice was
placed v hen dLs transac-taon was made or entered into. Submission of t..H .s cei LLf ca-l-lon is
a prerecraisite for matiang or entering into this transaction unposed by section 1352. ti le
31, U. S Code. Any person who f 11s to file the re q. .red cer -5 c 2 tr on, sh - be s=je:. to a
civil penalty of not less than $10,000 and not more than $100,000 fo each such failure:
BY:
(Signature of Authorized representative)
NAME: G *-�q or Sou: -K,\ /- i I C ( _� S bur r
(Print nantc firm and authorized representative)
T'IT'LE: _, � - �� c� -' -- - - - -- - -- -- - - - - -- - - -- -- - - -- - - - - - --
DATE: ��10
Mti lA 0 REF H
'
0 C O
N
OM Cl Of COWDCNrTt A.. '17D ECV40NIC DEN21A"4X T
IUI:L -DC`rC VETTER KD4Z-`i1O"OOM
PROJECT NAME
PROJECT NUMBER
PROJECT COST
CONTRACTOR
»ch Pcw r. am
ww- 7d
of ix of uq O t0
i
I BOARD OF COLT Ti' COti_N• SIO'vERS
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trr r►.r d ao
s�+e- pcoer
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rUA_ i1 -DADE COL'',T)', FL.OF_IDA
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Dc" A,L
mg v
• BOA.RD OF COUNTY GOMMISS)ONERS NAMES TO APPEAR IN ArPH,ArETICA` ORDER
AS USTED ON F RST SHEET OF CONTRACT DOCUMENTS
• LETTERS SHALL BE BLACK ON WHITE BACKGROUND
• THE NAMES AND NUMBERS OF THE PROJECT AN'D PROJECT CAST Sh-VJ!_ SE PLACED
IN THE APPROPRIATE SPACES.
THE NUMBER OF SIGNS FCC+: THIS PROJECT IS
• THE SIGN; S) SHf,LL BE PLACED AS SH_—)VVN 0 ' TH'S TYPIC PR JECT SIG��
PLACEMENT DIAGRAM OR AS DIRECTED BY THE E:NG1NEtE
` COUNTY COLORS A.RE PMS35E A.N^ PROCESS. FLUE PLF+GEMENT IS INDIC�TEG :,BC;vE
SpcClal Provisions
Page 20 of 26
ACTIVITYSUMMARY: HOUSING
i
GENERAL INSTRUCTIONS
ACTIVITY TITLE:
Enter the title of the activity being reported as it appears on the your approval
Scope of Serviccs Use one form for each activity.
ACTIVITY NUMBER:
Enter the identification number assigned to the activity. Contact your
OCED Planner for this number.
LOCATION:
Enter the specific location where the activity is being performed.
NT—F BER OF FEMALE
Enter the number of female- headed households assisted during the
HEADED HOUSEHOLDS
reporting period..
i
HOUSING DEVELOPMENT CHART
INSTRUCTIONS:
1) Indicate the number of units and the amount of funds used for rehabilitated
or new housing units using the following categories: units financed, units
°
under construction, units completed, and units sold/occupied during the
reporting period.
I
2) Indicate the number units and the amount of funds used for single and
multi- family housing development units using the following categories:
units financed. units under construction, units completed, and units sold:,'
9
occupied during the reporting period.
OCCUPANCY CHARACTERISTICS CHART`
P INSTRUCTIONS:
Indicate the number of persons receiving housing services during the
j
i
E
fi
it
f
i
reporting period according to their i^r,ne level. gender, and ethnicity.
Page 20 of 26
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