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03-07-00
......................... MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR: Horace G. Feliu CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Randy G. Wiscombe CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA City Commission Meeting Meeting date: March 7, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: March 21, 2000 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representatIre capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Roll Call: B. Invocation: Reverend Dale Young - Hope Lutheran Church C. Pledge of Allegiance: D. Presentations) "Certificate of Appreciation" - J.A. Enderle ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes February 9, 2000 February 15, 2000 2. City Manager's Report 3. City Attorney's Report - Special City Commission Minutes - Regular City Commission Minutes REGULAR CITY COMMISSION 1 AGENDA - March 7, 2000 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE; APPOINTING VICTOR DOVER AND JERRY PROCTOR TO SERVE ON THE ZONING TASK FORCE; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A., IN THE AMOUNT OF $10,237.29 CHARGING $619.90 TO ACCOUNT 'NO. 1500 - 514- 3435, CONSULTING -REAL PROPERTY /FORECLOSURE, CHARGING $2,952.51 TO ACCOUNT NO. 608 -1910- 521 - 3100, PROFESSIONAL SERVICES, AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500- 514 -3410, LEGAL SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATIONAL COMMITTEE; APPOINTING MR. WILLIAM J. KINNEY TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 'SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY RELATIONS BOARD; APPOINTING MR. CARLOS CASTELLANOS TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED (Mayor Robaina) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; RE- APPOINTING MR. C. DAVID MORTON TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED (Mayor Robaina) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESCHEDULING THE CITY COMMISSION MEETING OF APRIL 4, 2000 TO APRIL 11, 2000; PROVIDING AN EFFECTIVE DATE. 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED COMPENSATION PLAN, AMENDING RESOLUTION NUMBERS 119-93 - 9358 AND 133 -96 -9887 TO OFFER A FIVE PERCENT (5 %) REGULAR CITY COMMISSION 2 AGENDA - March 7, 2000 MATCHING CONTRIBUTION TO DEFERRED COMPENSATION PLAN FOR SENIOR LEVEL MANAGERS CURRENTLY DEFINED AS DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS, AND ASSISTANT TO CITY MANAGER. 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GOVERNMENT; SUPPORTING "FLORIDA CITIZENSHIP AND LEADERSHIP DAY "; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND AN AGREEMENT WITH RECIO AND ASSOCIATES, INC. FOR LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES ALONG THE US1 MEDIAN, SUNSET DRIVE MEDIAN AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED $36,300.00 FOR THE CURRENT FISCAL YEAR AND CHARGING THIS AMOUNT TO ACCOUNT NO 001- 2150 - 519 -3450, "CONTRACTUAL SERVICES ". ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -1 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE FUTURE LAND USE ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT AND PROVIDING FOR AN 'EFFECTIVE DATE., (1"- Reading - November 2, 1999) 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -2 (DCA NO. 0OR1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO FLORIDA STATUTES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (First Reading - November 2, 1999) 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT NO. REGULAR CITY COMMISSION 3 AGENDA - March 7, 2000 99 -3 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. (First Reading - November 16, 1999) RESOLUTION (S) PUBLIC HEARING 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A TENTATIVE PLAT, PURSUANT TO SECTION 20- 4.2(B), OF THE LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE, AND SECTION 28 -4 OF THE COUNTY CODE. REGARDING THE PROPERTY LOCATED IN THE RT -6, "TOWNHOUSE RESIDENTIAL DISTRICT,- LOCATED AT 6523 SW 56TH .STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES, PROVIDING FOR A LEGAL DESCRIPTION, AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 RESOLUTION (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; ESTABLISHING POLICY WHEREBY ALL PRESENTATIONS SCHEDULED TO BE HEARD DURING A CITY COMMISSION MEETING SHALL BE PRESENTED AT 7:00 P.M.; PROVIDING AN EFFECTIVE DATE. (Vice Mayor Feliu) 3/5 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY CLERK; ESTABLISHING POLICY TO INCLUDE THE CITY CLERK IN COLA ADJUSTMENTS FOR NON -UNION GENERAL EMPLOYEES; PROVIDING FOR THE CITY CLERK TO RECEIVE THE SAME COMPENSATION AS PRESCRIBED IN RESOLUTION NO. 46-00 - 10939; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina /Vice Mayor Feliu /Comm. Bethel) 3/5 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH REGULAR CITY COMMISSION 4 AGENDA - March 7, 2000 NUMBER ONE RANKED FIRM OF M.C. HARRY & ASSOCIATES, FAILING THAT WITH THE SECOND RANKED FIRM OF MATEU CORRENO RIZO & PARTNERS, INC., FAILING THAT TO THE THIRD RANKED FIRM OF BERMELLO AJAMIL'& PARTNERS FOR THE DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER. 3/5 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ETHICS; URGING LOCAL BUSINESSES CHAMBER SOUTH AND THE RED SUNSET MERCHANTS ASSOCIATION TO REQUIRE THAT ALL OF ITS MEMBERS ADOPT THE MODEL CODE OF BUSINESS ETHICS AND REQUIRING ALL PERSONS TO ADOPT THE CODE OF ETHICS PRIOR TO OR AT THE TIME OF ENTERING INTO CONTRACTS WITH THE CITY; PROVIDING AN EFFECTIVE DATE. 3/5 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING APPLICATION FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM. 3/5 22. A RESOLUTION OF THE MAYOR AND CITY CLERK OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CAMPAIGN FINANCING; SUPPORTING MIAMI -DADE COUNTY COMMISSIONER JIMMY MORALES' PROPOSAL; PROVIDING AN EFFECTIVE DATE. (Commissioner Russell) 3/5 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMPREHENSIVE EVERGLADES RESTORATION PROJECT; URGING THE ARMY CORP OF ENGINEER AND THE STATE OF FLORIDA WATER MANAGEMENT DISTRICT TO MAINTAIN OR ENHANCE EXISTING WATER LEVELS OF FLOOD PROTECTION IN ALL URBAN, AGRICULTURAL AND ENVIRONMENTAL PRESERVATION AREAS; PROVIDING AN EFFECTIVE DATE. (Commissioner Russell) 3/5 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SETTING GUIDELINES FOR HOURLY CONSULTANT INVOICES TO PROVIDE CERTAIN MINIMUM INFORMATION AND PROVIDING FOR AN EFFECTIVE DATE. (Vice Mayor Feliu) 3/5 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY REGULAR CITY COMMISSION 5 AGENDA - March 7, 2000 MANAGER TO ENTER INTO A CONTRACT WITH TEEN PREGNANCY PREVENTION CENTER, INC. TO PROVIDE COUNSELING, PREVENTION, EDUCATION, REFERRAL SERVICES, PREGNANCY AND CONFIDENTIAL HIV TESTING. 3/5 ORDINANCE (S) FIRST READING 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY RELATIONS BOARD; AMENDING SECTION 2.26.6 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES; ENTITLED "COMMUNITY RELATIONS BOARD "; CHANGING THE MEMBERSHIP FROM 15 TO 17 MEMBERS PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (Mayor Robaina) 3/5 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION BOARD; AMENDING SECTION 16.20(a) OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES ; ENTITLED "PENSION BOARD "; CHANGING THE MEMBERSHIP FROM FIVE TO SEVEN MEMBERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (Mayor Robaina) 3/5 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ABANDONED AND JUNKED VEHICLES; CREATING A NEW SECTION 15.35.1, ENTITLED "NUISANCE DECLARED FOR ABANDONED VEHICLES "; PROHIBITING STORING, PARKING OR LEAVING ABANDONED VEHICLES ON PRIVATE PROPERTY; PROVIDING FOR DEFINITIONS, NOTICE, REMOVAL AND DISPOSITION OF ABANDONED VEHICLES; PROVIDING FOR ALTERNATIVE REMEDIES AND IMMUNITY OF CODE ENFORCEMENT OFFICERS FROM PROSECUTION FOR TRESPASS AND OTHER ACTIONS; REPEALING SECTION 15.35.1, ENTITLED "JUNK, WRECKED, ABANDONED VEHICLES KEEPING - ON PRIVATE PROPERTY - PROHIBITED; REPEALING SECTION 15.35.2, ENTITLED "SAME - REMOVAL; NOTICE ", REPEALING SECTION 15.35.3, ENTITLED "ADOPTION OF STATUS RELATIVE TO ABANDONED, WRECKED PROPERTY ADOPTED BY REFERENCE;" REPEALING SECTION 15.35.4, ENTITLED "SAME - ENFORCEMENT EXPENSES,, CONSTITUTE LIEN [ON] VEHICLE IN VIOLATION "; AND REPEALING SECTION 15.35.5, ENTITLED "CITY MANAGER RESPONSIBLE FOR IMPLEMENTATION OF SECTIONS 15.35.1 THROUGH 15.35.4" OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 6 AGENDA - March 7, 2000 29. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC RECORDS RETENTION SCHEDULE; AMENDING SECTION 2 -18(f) OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES ENTITLED "PHOTOGRAPHING AND DESTRUCTION OF PUBLIC RECORDS"; ADOPTING THE STATE OF FLORIDA GENERAL RECORDS SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES (SCHEDULE GS1); PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Commissioner Russell) 3/5 30. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HOME OCCUPATIONS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION OF HOME OCCUPATIONAL; BY REVISING SECTION 20- 2.3(D) ENTITLED "PERMITTED USE SCHEDULE" TO ALLOW HOME OCCUPATIONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS; BY REVISING SECTION 20- 3.6(P) ENTITLED "OCCUPATIONAL LICENSE - HOME LOCATION PERMITTED" TO PROVIDE ADDITIONAL REQUIREMENTS AND CONDITIONS FOR HOME OCCUPATIONS; BY REVISING SECTION 20.5.5 ENTITLED "APPLICATIONS REQUIRING PUBLIC HEARING," TO ELIMINATE PUBLIC HEARINGS FOR HOME OCCUPATIONAL LICENSE; BY REVISING SECTION 20 -6.1 (B) (3) (e) TO ELIMINATE PLANNING BOARD ,REVIEW OF HOME OCCUPATIONAL LICENSES, PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION ". PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 7 AGENDA - March 7, 2000 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3/00 &4 fCG,�!'% AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 3/7/00 City Manager Zoning Task Force THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE; APPOINTING VICTOR DOVER AND JERRY PROCTOR TO SERVE ON THE ZONING TASK FORCE; PROVIDING AN EFFECTIVE DATE. BACKGROUND The City Commission by Resolution No. 253 -99 -10876 created a Zoning Task Force. This Task Force is charged with the responsibility of reviewing and making recommendations to the City Commission regarding necessary and useful revision to the Land Development Code. The two individuals being appointed represent the technical assistant component. The expiration date of the appointments shall expire at the conclusion of the assigned task. Mayor Robaina sponsored this resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE; APPOINTING VICTOR DOVER AND JERRY PROCTOR TO SERVE ON THE ZONING TASK FORCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution No. 253 -99 -10876 created a Zoning Task Force charged with the responsibilities of reviewing and making recommendations to the City Commission regarding necessary and useful revisions to the Land Development Code; and WHEREAS, the Resolution creating the Zoning Task Force requires the appointment of two individuals with leadership and professional/technical capabilities. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commission hereby appoints Victor Dover, Urban Planner, and Jerry Proctor, Land Use Attorney, to the Zoning Task Force. Section 2. The expiration date of the appointment shall expire at the conclusion of the assigned task. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: FES -25 -2000 11;.39 CITY OF SOUTH MIAMI BZCU F. 02 CITY OF SOUTH MIAMI BOARDiCOMMITTEEAPPLICATION 6130 Sunset Drive South Miami, FL 33143 1. Name: 2. Home P 3, Business Address. 4. Home Phone No.. 5. Education Haekar, Phone No. 305- 663 -6340 Fax No 305- 663 -6348 b, 0 Business Phone No. 0 L'J o 1" a. Are you a registered voter" Yes No 9. Are you a resident of the City? ye$ No 14, Do you have a business in the City? Yes Nn Vel 11. Ethnic Origin. ,% Anglo American ✓ African American His anic Ameri : .® p American— Other Signature Date -1 "60 THIS APPLICATION WILL REMAIN ON FILZ VOIt ONt YEAR Rehired 1/2000 TOTAL P,02 i00 'd n `mWfS `hI ZI I S 20:91 (ISj) QO ,St- '93d Feb-28-00 11:04A Dover, Kohl & Pavtners 305 666 0360 P.02 CITY OF SOUTH MIAMI BOARDICOMMITTEE A PPLICA TION 6130 Sunset Drive Phone Na 305-663-6340 South Miami, FL 33143 ftx No. 305-663-6348 1 Name-. vic-,roi?, T)ovm Ator (Please Orin 2. Home Address- (02z? �T 3143 67 ' - 22 w 3. Business Address: 130WXr VF10"'SUITE I So MIAMI FL- 331+:; 4. Home Phone No. -30 6 (0 A 446 Business Phone No. 5. Education Background: JJ - Wcea 6F-Agaarw5ry V I 961MAIM S. Are you a registered voter? Yes ✓ No 9. Are you a resident of the City? Yes ✓ No 10. Do you have a business in the City? Yes w-" No 11. Ethnic Origin? Anglo American V"' African American _ Hispanic Americans Other Signature e&2 Date— I — THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR An iced 1/2000 AM TOTAL P,02 Feb-28-00 11:04A Dover, Kohl & Partners 305 666 0360 P.03 VICTOR BRANDON DOVER �0 PROFESSIONAL DOVER, KOHL & PARTNERS, Urban Design, South Miami FL. 1987 - Present. Certified by the American Institute of Certified Planners. Member, American Planning Association, NCARB Architecture Registration Examination: all portions complete. IMAGE TRANSFORMATION LAB, University of Miami, Coral Gables FL, Project Director, 1987. MAVROMATIDIS AND ASSOCIATES, Kozani, Greece, Associate and Designer, 1986 NATIONAL GALLERY OF ART, Washington DC_ Exhibition Designer, 1985. DEGREES University of Miami, Coral Gables FL, Master of Architecture, 1990. Virginia Tech, Blacksburg VA, Bachelor of Architecture, magna runs laude, 1985. TEACHING Visiting Professor, Graduate Program in Suburb & Town Design, School of Architecture, University of Miami. 1997, Mayors Institute on City Design, Washington University, St. Louis MO, 1995 & 1997, Adjunct Instructor, School of Architecture, University of Miami, 1990 - 1991. Instructor, First Year Design Studio, School of Architecture, University of Miami, 1986. Project Director, Florida Governor's School of Architecture and Design, 1986. Faculty, 1986 and 1991. SERVICE Director, Biscayne Bay Foundation, 1997-present. President, Rotary Club of South Miami, 1996-97. Director, Rotary Club of South Miami, 1994-1999. Assistant Governor, Group III, Rotary District 6990,1998-99. Co-Chair, Administrative Council, First United Methodist Church of South Miami, 1997-99. Director, Jubilee Community Development Corp. (rep- Miami District, United Methodist Church), 1994-96. Former member, Professional Design Advisory Board, Fairchild Tropical Garden. LECTURES Sierra Club Sprawl Initiative Series, April 1999, Miami FL. include American Planning Association, Gold Coast Chapter, April 1999, Miami FL. Florida State Trails & Greenways Conference, October 1998, Miami FL. Upper Midwest APA Conference, October 1998, Cedar Rapids IA, The Seaside Institute, "The Florida Tapes," September 1998, Seaside FL. Tennessee APA Annual Conference, September 1998, Chattanooga TN. A [A '!Celebration & Central Florida"' National Conference, February 1998, Orlando FL. AIA "121st Century Outlook" National Conference on Green Building, November 1997, Miarai FL Iowa Homebuilders Association, October 1997, Iowa City I& RailVolution National Conference, October 1997, St. Louis MO. American Public Transit Association, National Meeting, September 1997, Chicago (L. Florid ' a Chapter, American Planning Association, Annual Conference, September 1997, Naples FL. Local, Government Commission, Training for Community Councils of Dade County, Aug. 1997, Miami, FL Southeast ' Builders Conference, Florida Homebuilders Association, July 1997, Orlando FL, Keynote speaker, American Public Transit Assoc., Transit-Oriented Development Conf., June 1997, St. Louis MO, National Association of Homebuilders, Traditional Neighborhood Conference, April 1997, Beaufort SC. National Association of Homebuilders, National Conference, January 1997, Houston TX. FRA "Crossfire," Moderated Debate between J.H. Kunstler & Alex Marshall, Oct. 1996, Si. Petersburg FL. US HUD Conference, "Design for Homeownership Zones," August 1996, Dallas TX "Creating More Livable Communities" Conference, July 1996, Coral Gables FL. Congress for the New UTbanim-CNU TV, May 1996, Charleston SC. APA National Conference, "Technology & Urban Form," April 1996, Orlando FL. APA National Conference, "The Future of Zoning," April 1996, Orlando FL. Cotton District Colloquium, April 1996, Starkville MS, Keynote Speaker, Urban Land Institute conference on the New Urbanism, March 1996, Austin TX, Keynote Speaker, NC I SC APA Conference., October 1995, Myrtle Beach SC_ "Citizen Planner" training, Dade County HUD, November 1995, Miami FL. "Putting our Communities Back on their Feet" Conference, May 1995, Los Angeles CA. Lectures, 1987-99, University of North Carolina, Auburn University, University of Colorado, University of Maryland, Harvard University, University of Pennsylvania, University of Miami, Virginia Tech, Rollins College. University of iational Association of Home Builders, Sustainability Symposium, Nov. 1994; Cambridge MX qational Crime Prevention Institute Safe Neighborhoods Course, May 1994, Univ. of Louisville. %merican Planning Association, Florida Chapter, November 1993, Amelia Island FL. :Qngless for the New Urbanism, CNU 1, October 1993, Alexandria VA. (eynote Speaker, Sir Walter Awards, May 1993, Raleigh NC. Planning Conferences, 1992-3, Durham NC, Johnson City TN, Chattanooga TN. ,ivable Community Workshops, Dec 1992, Santa Barbara, Santa Cruz. & Richmond CA. -lorid:a Bar, Land Development Regulations Conference, November 1991, Tampa FL, 9orida Planning & Zoning Association Conferences, 1991 and 1992. -vague of California Cities Conference, October 1991, San Francisco CA. 'Awa,hnee Principles" Retreat, October 1991, Yosemite CA. -Iorida Growth Management Short Course & Summer School, 1991. %rida Redevelopment Association Annual Conferences, 1990 & 1991, Tallahassee FL. jovernor Chiles' Commission for Government by the People, March 1991, Orlando FL. 3ovemor's Conference on Urban Form, October 1990, Tampa FL COMPETITIONS Citation, Prolpr&ssive Architecture Awards, Urban Design, 1993. "Top 5" prize, Brickell Ave Bridge Competition, 1990; with Raul and Maric6 Chael EXHIBITIONS "'Me Art of Building Cities," Classical Architecture League, Ail Institute of Chicago, 1995. "A Vision of Europe," The University of Bologna, Italy; and Istanbul, Turkey, 1995. To: Mayor and Commission From: Earl G. Gallop City Attorney CITY OF SOUTH MIAMI Date: March 3, 2000 Agenda Item # Commission Meeting March 7, 2000 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $10,237.29. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 13,184.87 $ 619.90 Account # 1500 -3435 Professional Services - $ 3,000.00 $ 2,952.51 Account # 608 - 1910 -521 -3100 CRA Fund — General Legal $ 20,110.00 $ Account #610- 1120 -554 -3415 Legal Services Non Retainer $ 45,817.73 $ 6,664.88 Account # 1500 -3410 A detailed Billing Statement is attached. Na 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2,4 25 26 2!7 7g -�9 30 31 32 33 34 35 36 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $10,237.29 CHARGING $619.90 TO ACCOUNT NO. 1500 -514- 3435, CONSULTING -REAL PROPERTY/FORECLOSURE, CHARGING $2,952.51 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES, AND, CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending January 31, 2000, in the amount of $10,237.29; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $10,237.29, are approved for payment and $619.90 shall be charged to Account No. 1500 -514 -3435, Consulting -Real Property/Foreclosure; charging $2,952.51 to Account No. 608 - 1910- 521 -3100, Professional Services, and the remainder to Account No. 1500- 514 -3410, regal Services Non Retainer. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by eve;swiking. 1 2 PASSED AND ADOPTED this _ 3 4 .ATTEST: 5 6 7 CITY CLERK 8 9 10 11 READ AND APPROVED AS TO FORM: 12 13 14 CITY ATTORNEY 15 16 day of , 2000. Page 2 of 2 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: ¢4 q CITY OF SOUTH MIAMI OINTER- OFFICE MEMORANDUM To: Ronetta Taylor Date: February 23, 2000 From: Earl Gallop Re: Statements for Professional Services for January, 2000 Nagin Gallop Figueredo Please distribute the enclosed statements to the mayor and city commission and place the attached resolution for payment of attorney's fees on the next agenda. Thank you. NAGIN GALLOPFIGUEREDO`A. Attorneys c Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile- (305) 854 -5351 February 23, 2000 Mr. Hakeem Oshikoya City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending January 31, 2000, in the amount of $ 10,237.29. 1 tabulated the amounts due on each individual file as follows: 0022 -008 Wascura v. City of South Miami 0022 -023 Parking Garage Contract 0022 -034 CSM v. Third Group 0022 -038 Forfeiture 1992 Oldsmobile Prof I Services $ 0 Disbursements 8.33 Total Due S 8.33 Prof 1 Services S 6,615.00 Disbursements 14.05 Total Due S 6,629.05 ProfI Services S 90.00 Disbursements 5.30 Total Due S 95.30 ProfI Services S 0 Disbursements 23.93 Total Due S 23.93 Mr. Hakeem Oshikoya February 23, 2000 Page 2 0022 -041 Anderson v. Dawkins Prof 1 Services $ 0 Disbursements 16.69 Total Due $ 16.69 0022 -042 Forfeiture 1981 Oldsmobile Prof 1 Services $ 770.00 Disbursements 190.70 Total Due $ 960.70 0022 -043 Forfeiture 1986 Mercedes Profl Services $ 1,580.00 Disbursements 387.88 Total Due $ 1,967.88 0022 -044 Weinstock v. Marchand Profl Services $ 495.00 Disbursements 3.41 Total Due $ 498.41 0022 -045 Weinstock v. Egnacio Prof 1 Services $ 0 Disbursements 9.50 Total Due $ 9.50 0022 -046 Merrick v. CSM Prof 1 Services $ 25.00 Disbursements 2.50 Total Due $ 27.50 CURRENT TOTAL DUE $ 10,237.29 Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, arl G. Gallop Enclosures cc: Mayor and city commission CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP. A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scurr Matter ID: 0022 -008 City Manager City of South Miami Wascura v. City of South Miami 6130 Sunset Drive Statement No. 6039 City of South Miami, FL 33143 Expenses Payments 02/03/2000 Telefacsimile charge 8.00 Postage Charge 0.33 Sub -total Expenses: 8.33 Payment Ck#26396 87.50 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub - total Payments: 87.50 0.00 8.33 8.33 87.50 87.50 Total Due 8.33 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scurr Matter ID: 0022 -023 City Manager City of South Miami Parking garage contract 6130 Sunset Drive Statement No. 6040 City of South Miami, FL 33143 Hours Amount 01/01/2000 LRF Reviewed and analyzed SPG financials. 2.50 437.50 01/03/2000 LRF Meeting with SPG and Charles Scurr to continue 5.00 875.00 negotiations. Status conference with Mr. Scurr and Commissioner Russell Telephone conference with Charles Scurr, Subrata Basu Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. and mayor robaina to discuss options. 01/04/2000 LRF Reviewed SPG revised proposal. Participated in continued 2.90 507.50 negotiations with SPG. Telephone conferences with Charles Scurr. Telephone conferences with Mayor Robaina. 01/05/2000 LRF Continued negotiations with SPG. Telephone conferences with 1.90 332.50 Charles Scurr and Mayor Robaina 01/06/2000 LRF Telephone conferences with Charles Scurr and Ralph Perez. 0.40 70.00 01/07/2000 LRF Telephone conferences with Parker Thomson and Ralph Perez. 1.00 175.00 Telephone conference with Mayor Robaina. Telephone conferences with Charles Scurr regarding SPG garage project./ 01/11/2000 LRF Telephone conference with Charles Scurr. 0.30 52.50 01/12/2000 LRF Telephone conferences with Ralph Perez. 0.50 87.50 01/13/2000 LRF Telephone conference with Charles Scurr regarding status of 1.30 227.50 agreement with SPG and preparation of memorandum. Telephone conference with Ralph Perez. Reviewed proposed charter amendments. 01/14/2000 LRF Telephone conferences with Charles Scurr, Mayor Robaina and 3.20 560.00 Ralph Perez. Prepared memorandum to Mr. Scurr outlining new SPG proposal. 01/17/2000 LRF Telephone conference with Ralph Perez regarding status of draft 0.50 87.50 lease. Telephone conference with Charles Scurr. Drafted memorandum to Mr. Scurr. 01/18/2000 LRF Reviewed proposed lease agreement. Attended City Commission 5.30 927.50 meeting. 01/21/2000 LRF Continued review of draft lease agreement. Telephone conference 2.50 437.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 6040 Page: 2 Rate Summary Luis R. Figueredo Expenses 5.50 with Ralph Perez. Telephone conference with Charles Scurr. 01/24/2000 LRF Finalized review of draft lease agreement. Prepared response with 3.30 modifications to draft lease agreement. Attended meeting with Mr. Gallop, mr. Scurr and Mr. Basu. Telephone conference with Ralph Perez. 01/25/2000 LRF Telephone conference with Ralph Perez concerning response containing changes to draft lease agreement. Telephone conferences with Mr. Scurr's office. 01/26/2000 LRF Meeting with Ralph Perez to address changes to Lease Agreement. Telephone conference with Charles Scurr and Mr. Gallop regarding same. Telephone conference with Mayor robaina and Mr. Gallop. 01/27/2000 LRF Telephone conference with Ralph Perez. 01/28/2000 LRF Telephone conference with Charles scurr. Telephone conference with Ralph Perez and telephone conference with Sabrata Basu. Rate Summary Luis R. Figueredo Expenses 5.50 962.50 0.50 87.50 3.30 577.50 0.50 0.70 Total Professional Services 37.80 hours at $175.00 /hr Total hours: 37.80 Telefacsimile charge Postage Charge Photocopies 6,615.00 12.00 0.55 1.50 Sub -total Expenses: 14.05 Payments 02/03/2000 Payment Ck #26396 1,680.00 Sub -total Payments: 1,680.00 87.50 122.50 6,615.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 6040 Page: 3 For Professional Services 6,615.00 For Disbursements Incurred 14.05 Current Balance: 6,629.05 Previous Balance: 1,680.00 Payments - Thank you 1,680.00 Total Due 6,629.05 To be property credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scum Matter ID: 0022 -034 City Manager City of South Miami CSM v. Third Group Mortage, 6130 Sunset Drive Statement No. 6041 City of South Miami, FL 33143 Hours Amount 01/18/2000 EAB Prepared resolution adopting settlement proposal signed by Third 0.40 60.00 Group Mortgage, granting CSM $25,000. after plan of reorganization finalized 01/25/2000 EAB Received certified original stipulation of settlement and coordinated 0.20 30.00 filing of the document with the NY Bankruptcy Court Total Professional Services 90.00 Rate Summary Eve A. Boutsis Expenses 0.60 hours at $150.00 /hr Total hours: 0.60 Postage Charge Photocopies Sub -total Expenses 9W11 0.55 4.75 5.30 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -034 Statement No.: 6041 Page: 2 For Professional Services 90.00 For Disbursements Incurred 5.30 Current Balance: Previous Balance: Payments - Thank you 95.30 0.00 0.00 Total Due 95.30 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys v Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scurr Matter ID: 0022 -038 City Manager City of South Miami Forfeiture of 1992 Oldsmobile . 6130 Sunset Drive Statement No. 6042 City of South Miami, FL 33143 Expenses Payments 02/03/2000 Photocopies Telefacsimile charge Postage Charge Payment Ck#26396 Sub -total Expenses 6.50 16.00 1.43 23.93 20.00 Sub -total Payments: 20.00 For Professional Services 0.00 For Disbursements Incurred 23.93 Current Balance: 23.93 Previous Balance: 20.00 Payments - Thank you 20.00 Total Due 23.93 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUE REDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Payments 02/03/2000 Payment Ck#26396 31.95 Sub -total Payments: 31.95 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 31.95 Payments - Thank you 31.95 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1 5% per month will be charged if payment is not received within 30 days. February 4, 2000 Charles D. Scurr Matter 1D: 0022 -039 City Manager I n Re 1986 Mercedes City of South Miami 6130 Sunset Drive Statement No. 6043 City of South Miami, FL 33143 Payments 02/03/2000 Payment Ck#26396 31.95 Sub -total Payments: 31.95 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 31.95 Payments - Thank you 31.95 Total Due 0.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1 5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA Attorneys & Counselors Rate Summary Eve A. Boutsis Expenses Total Professional Services 495.00 3.30 hours at $150.00 /hr Total hours: 3.30 Photocopies Postage Charge 495.00 2.50 0.91 Sub -total Expenses: 3.41 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scurr City Manager Matter ID: 0022 -044 City of South Miami David Weinstock v. Yvette 6130 Sunset Drive Statement No. 6047 City of South Miami, FL 33143 Hours Amount 01/17/2000 EAB Prepared draft answer to foreclosure complaint. 1.40 210.00 01/18/2000 EAB Completed affirmative defenses to complaint for foreclosure, 0.60 90.00 obtained copies of the City's liens and made final revisions to answer. 01/21/2000 EAB Prepared answer and affirmative defenses to new foreclosure action 1.30 195.00 due on 1/26/00 Rate Summary Eve A. Boutsis Expenses Total Professional Services 495.00 3.30 hours at $150.00 /hr Total hours: 3.30 Photocopies Postage Charge 495.00 2.50 0.91 Sub -total Expenses: 3.41 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -044 Statement No.: 6047 Page: 2 For Professional Services 495.00 For Disbursements Incurred 3.41 Current Balance: Previous Balance: Payments - Thank you 498.41 0.00 0.00 Total Due 498.41 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scurr Matter ID: 0022 -041 City Manager City of South Miami Anderson v. Dawkins, et al. 6130 Sunset Drive Statement No. 6044 City of South Miami, FL 33143 Expenses Postage Charge 1.10 Photocopies 3.75 Legal research 11.84 Sub -total Expenses: 16.69 Payments 02/03/2000 Payment Ck#26396 513.40 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 513.40 0.00 16.69 16.69 513.40 513.40 Total Due 16.69 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO " ,-attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scurr Matter ID: 0022 -042 City Manager City of South Miami In Re: Forfeiture of: One 1981 6130 Sunset Drive Statement No. 6136 City of South Miami, FL 33143 1/28/2000 EAB Telephone conference with A.C. Feldman regarding theft of wheels 0.20 20.00 from motor pool and possible criminal conspiracy to commit grand !'avment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.59/o per month will be charged if payment is not received within 30 days. Hours Amount 1/5/2000 EAB Prepared and finalized complaint, affidavit, motion for ex parte 2.00 200.00 hearing, and memorandum of law in support of probable cause; analyzed police report, claimant's police record and the statement against interests; telephone conference with A.C. Feldman regarding location of claimant for service, and coordinating officers for execution of verified affidavit in support of forfeiture. 1/6/2000 EAB Completed revisions to motion for finding of probable cause and 0.50 50.00 memorandum of law in support of probable cause, telephone conference with client and police officer regarding facts of case and criminal record of claimant. 1/10/2000 EAB Prepared hand delivered letter to judge requesting adversarial 0.20 20.00 preliminary hearing. 1/12/2000 EAB Telephone conference with AC Feldman and officer Barrio regarding 0.20 20.00 release of cocaine criminal litigation and information regarding testing of drug for cocaine prior to sale to claimant (accuracy and validity of chemical compound test) 1/13/2000 EAB Prepared second letter (hand delivery) to judge requesting 0.20 20.00 emergency preliminary probable cause hearing - due to Judge Kay's voice mail message that he will be unavailable through January 17, 1999 (time expires on January 21, 1999 to hold hearing); telephone conference with Ms. Longo regarding unknown hearing date. 1/18/2000 EAB Drafted interrogatories and requests for production 0.60 60.00 1/119/2000 EAB Telephone conference with A.C. Feldman regarding theft of the 0.30 30.00 hubcaps to vehicle, status of request for hearing, change in judge; prepared another letter to new judge Segal requesting expedited hearing. 1/27/2000 EAB Prepared for and attended hearing on preliminary probable cause, 3.50 350.00 prepared Officer Munoz' testimony for hearing; began settlement negotiations; includes travel time and court delays due to judge's calendar. 1/28/2000 EAB Telephone conference with A.C. Feldman regarding theft of wheels 0.20 20.00 from motor pool and possible criminal conspiracy to commit grand !'avment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.59/o per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys v Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr February 4, 2000 Matter ID: 0022 -043 City Manager City of South Miami In Re: Forfeiture of One 1993 6130 Sunset Drive Statement No. 6046 City of South Miami, FL 33143 Hours Amount 01/03/2000 EAB Various telephone conferences with A.C. Feldman and Ms. Longo 2.50 250.00 (possible claimant) regarding adversarial preliminary hearing; prepared complaint, memorandum of law, motion for finding of probable cause, summons, and letter to Judge requesting scheduling of adversarial hearing. 01104/2000 EAB Various telephone conferences with Ms. Longo, a claimant to 2.00 200.00 vehicle and Mr. Feldman regarding prior record of Wallace; completed and filed complaint, motion for preliminary probable cause hearing; memorandum, summons, civil cover sheet, verified affidavit; meeting with Officer Barrio regarding the arrest and review of the pleadings; telephone conference with Metro West Detention Center to obtain service upon Wallace; prepared letter to judge regarding the 10 day emergency hearing on probable cause. 01/05/2000 EAB Telephone conference with Ms. Longo in which she revoked her 0.30 30.00 request for an adversarial preliminary hearing; prepared confirming letter to Ms. Longo; telephone conference with Judicial Assistant to Judge Cardonne regarding revocation of Ms. Longo's request; followed up on service of Wallace. 01/06/2000 EAB Telephone conference with Ms. Longo and Judicial Assistant to 0.20 20.00 Judge Cardonne regarding setting adversarial preliminary hearing. 01/10/2000 EAB Telephone conference with Judge Cardonne's judicial assistant 0.30 30.00 regarding scheduling hearing date for claimant's request and requiring our office to obtain telephonic hearing for claimant in jail; telephone conference with Jail and AC Feldman requesting that he find out claimant's jail schedule for 1/20 and 1/21 01/13/2000 EAB .. Reviewed correspondence from Ms. Longo in which she reinstates 0.20 20.00 her request for the adversarial preliminary hearing. 01/17/2000 EAB Prepared and revised interrogatory and request for production to 0.60 60.00 claimants. 01/18/2000 EAB Various telephone conferences with Judicial Assistant to Cardonne 1.00 100.00 regarding adversarial preliminary hearing; prepared order requiring telephonic attendance of Wallace at hearing from Metro -West; prepared letter to Judge Cardonne enclosing order and again requesting hearing date; telephone conference with Greg Feldman Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -043 Statement No.: 6046 Page: 2 regarding status of forfeiture 01/19/2000 EAB Telephone conference with AC Feldman regarding update on the 0.30 30.00 forfeiture; telephone conference with Judicial Assistant to Cardonne, prepared revised order and letter to Judge requesting adversarial hearing. 01/21/2000 EAB Prepared letter to Judge enclosing second copy of proposed order 0.30 30.00 and requesting a certified copy to be hand delivered to Inmate Court Services, for telephonic appearance of Wallace 01/24/2000 EAB Telephone conference with Detective Rodriguez and A.C.Feldman 2.70 270.00 regarding probable cause hearing scheduled for 1- 25 -00; discussed pleading by Wallace and preparation for hearing; analyzed the numerous pleadings filed by claimant Wallace and case law cited by claimant in preparation for preliminary probable cause hearing; telephone conference with AC Feldman regarding issues in pleadings filed by Wallace 01/25/2000 EAB Legal research on issues of standing regarding innocent owner and 5.40 540.00 title interest of Longo to vehicle - Ms. Longo did not comply with Fla. Stat.319.27 (requiring filing with department of motor vehicle and recording on title interest of lien holder) and therefore lacks standing to contest forfeiture action; prepared case law for finding of nexus between driving vehicle to drug site (even if no drugs in vehicle) and drugs confiscated or used for personal consumption allow for the forfeiture of a vehicle; telephone conference with Detective Barrio regarding drug test results from 12/2 and 12/22 arrests of Wallace; attending hearing on preliminary probable cause, prepared officers' testimony (Castro, Barrio, Irick); awaited postponed hearing due to Judge's request; awaited 2 hour delay with officers and claimant; attended hearing; includes travel time Total Professional Services 1,580.00 Rate Summary Expenses HdLdi P4111111 Eve A. Boutsis 15.80 hours at $100.00 /hr Total hours: 15.80 Photocopies Postage Charge Parking Charge Telefacsimile charge Service of Process 1,580.00 46.00 13.88 8.00 50.00 150.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -043 Statement No.: 6046 Page: 3 01/31/2000 Court reporter 120.00 Sub -total Expenses: 387.88 Payments 02/03/2000 Payment Ck#26396 176.00 Sub -total Payments: 176.00 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 1,580.00 387.88 1,967.88 176.00 176.00 Total Due 1,967.88 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL- ATTORNEY/CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys v Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scurr Matter ID: 0022 -045 City Manager David Weinstock v. Egnacio City of South Miami 6130 Sunset Drive Statement No. 6048 City of South Miami, FL 33143 Expenses Photocopies Postage Charge For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 6.75 2.75 Sub -total Expenses: 9.50 0.00 9.50 9.50 0.00 0.00 Total Due 9.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO FA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 February 4, 2000 Charles D. Scurr Matter ID: 0022 -046 City Manager Lisea Merrick v. City of South City of South Miami 6130 Sunset Drive Statement No. 6049 City of South Miami, FL 33143 Hours Amount 01/28/2000 EAB Prepared FOIA request for Merrick charges of discrimination and 0.20 25.00 copy of right to sue letter. Rate Summary Eve A. Boutsis Expenses Total Professional Services 0.20 hours at $125.00/hr Total hours: 0.20 Photocopies Telefacsimile charge Sub -total Expenses 25.00 0.50 2.00 2.50 25.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -046 Statement No.: 6049 Page: 2 For Professional Services 25.00 For Disbursements Incurred 2.50 Current Balance: 27.50 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 27.50 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3/00 foon AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 3/7/00 City Manager 90 Educational Committee Appointment THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE EDUCATIONAL COMMITTEE; APPOINTING WILLIAM J. KINNEY TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina appoints William J. Kinney to the Educational Committee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE EDUCATIONAL COMMITTEE; APPOINTING WILLIAM J. KINNEY TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7,2002; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize the important contributions made by those who serve on the various City boards and committees, and wish to appoint a full complement to each of the active boards and committees; and, WHEREAS, the City Commission desires to appoint William J. Kinney to serve for a two year term ending March 7, 2000 to the Educational Committee. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Commission hereby appoints William J. Kinney to the Educational Committee. Section 2. The expiration date of this appointment shall expire March 7, 2002 of until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 92000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by everstfiking. CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive South Miami, FL 33143 Phone No. 305- 663 -6340 Fax No. 305- 663 -6348 1. Name: William J. Kinney (Please print) 2. Home Address: 2412 S.W. 57 Avenue, Miami, FL 33155 3. Business Address: 5757 S.W. 45 Street, Miami, FL 33155 4. Home Phone No. (305) 665 -3385 Business Phone No. (305) 665 -5483 5. Education Background: M.A Education Fl. Ed. Leadership 6. Community Service: Principal - David Fairchild Elementary 8. Are you a registered voter? Yes X No 9. Are you a resident of the City? Yes No X 10. Do you have a business in the City? Yes No David Fairchild Elementary School 11. Ethnic Origin? Anglo American X African American — Hispanic American_ Other Signature (,cJ Date 2/16/00 THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Remised 112000 CITY OF SOUTH "MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3 /3 /00 *7 foof, AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 3 /7/00 City Manager CRB Appointment THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY RELATIONS BOARD; APPOINTING CARLOS CASTELLANOS TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina appoints Carlos Castellanos to the Community Relations Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY RELATIONS BOARD; APPOINTING CARLOS CASTELLANOS TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL SUCCESSOR IS DULY APPOINTED AND QUALIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 11 -98 -1659 re- established the Community Relations Board [CRB] and broadened its duties to include fostering mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs, age and ethnic groups in the City; and WHEREAS, the city Commission desires to appoint individuals who have expressed an interest and have demonstrated a leadership role in their own groups. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Carlos Castellanos to serve on the Community Relations Board. Section 2. The expiration date of this appointment shall expire March 7, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. 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: .__. ....:............ _.. _......... v CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive South Miami, FL 33143 1. Name• N (4.0 Ckrh;55L,�AP05 2. 3. 4. 5. 6. Phone No. 345- 663 -6340 Fax No. 305- 663 -6348 (Please rint) Home Address: (P 5 W W14 5rr . ,4XV to M I AM 1. -1�- 3 31-5:57 Business Address: `'t,X AJ6 r Home Phone NJ, 3DS)(W,rJ-7 to 3 Education Background: Business Phone Nc-�5) 3 I -�ja,�Gw 8. Are you a registered voter? Yes V No 9. Are you a resident of the City? Yes V No 10. Do you have a business in the City? Yes No V 11. Ethnic Origin? / Anglo American_ African American _ Hispanic American V Other Signature,z/,� Dated-/ /a'Zo THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 1 11000 0 Q) CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 3/7/00 City Manager > Planning Board Appointment THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLANNING BOARD; RE- APPOINTING C. DAVID MORTON TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina re- appoints C. David Morton to the Planning Board. Mr. Morton, a diligent and faithful member of the Planning Board for the past two year and has expressed an interest in continuing his service to the community. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING BOARD; RE- APPOINTING C. DAVID MORTON TO SERVE FOR A TWO YEAR TERM ENDING MARCH 7, 2002 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the city Commission desires to re- appoint C. David Morton to serve for a two year term ending March 7, 2002 on the Planning Board. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby re- appoints C. David Morton to the Planning Board. Section 2. The expiration date of this re- appointment shall expire March 7, 2002 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR , 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: v CITY OF SOUTH MIAMI BOARD /COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 33143 Fax No. 305- 663 -6348 1. Name: o r2 T2 J (Please print) 2. Home Address: (, (� S' v )-i S e V -1� 3. Business Address: /:� V C L-#1(33 , yo I, l 3 1 rS- 4. Home Phone No. 4 r Business Phone No. r' `i - O L 2 "1 5. Education Background: U S. �/g..4 1 C o -J l7\r vC (I v , SSc � u - 1 Cl 6. Community Service: ( SyVTt) LAA ar.,'� ?L4 ILS, &,to In 4R trk,o,.. (Qt-i l- On ('7E AP EO (Z 0(1)1 L� �1 �I S!� 1 �n a ,j Ti,) ye �=-c -o) vt - = �vrN v�Nc= �— c (c7i v1? Cp 1 nJ C�.1 iz -rJ W /b Or-) OG ,.14, q, (7ECJ— ro,,,s' co+�t K, TLL , w►t=..w.�az c 8. Are you a registered voter? Yes �_ No 9. Are you a resident of the City? Yes X No 10. Do you have a business in the City? Yes No 11. Ethnic Origin? Anglo American African American — Hispanic American_ Other Signature Date -L - 1 5- - o THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 112000 J�1►2CN my CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Mayor and City Commission From: Charles D. Scurr fa07 City Manager REQUEST Date: March 2, 2000 Subject: Agenda Item # Commission Meeting 03/07/00 Rescheduling of April 4th Meeting A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESCHEDULING THE CITY COMMISSION MEETING OF APRIL 4, 2000 TO APRIL 11, 2000; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Miami -Dade County Days is an annual event which allows local officials from all of Miami - Dade County to meet with State Legislators in order to promote the needs of their communities. Last year, the Mayor and City Commission successfully promoted the needs of the City and greatly augmented the City's intergovernmental affairs efforts by visiting State Legislators the day before and during Miami -Dade County Days. In order to reproduce and build upon last year's success, the Mayor and members of the City Commission will again meet with State Legislators the day before and during Miami -Dade County Days, April 4 -6. Unfortunately, this conflicts with the regularly scheduled City Commission meeting of April 4, 2000. Therefore, pursuant to Section 2 -2.1 of the South Miami Code of Ordinances, the attached Resolution would reschedule the April 4th meeting to April 11, 2000. The Mayor and City Commission's participation in last year's event also necessitated the rescheduling of a City Commission meeting. RECOMMENDATION Your approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RESCHEDULING THE CITY COMMISSION MEETING OF APRIL 4, 2000 TO APRIL 11, 2000; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances provides that the City Commission shall hold regular meetings at 7:30 p.m., on the first and third Tuesdays except for June and July; and WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances also provides that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted by a majority of the entire membership of the City Commission; and WHEREAS, the Mayor and City Commission desire to reschedule the regular meeting of April 4, 2000, to April 11, 2000, in order to allow the Mayor and City Commission to travel to Tallahassee and participate in Miami -Dade County Days on behalf of the City. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The regular City Commission meeting of April 4, 2000 has been rescheduled to April 11, 2000. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 7th day of March, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: u,_•: Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell Commissioner Wiscombe: § 2 -2 SOUTH MIAMI CODE § 2 -2.1 The Charter has been ratified and approved by a majority of the qualified electors of the city voting in a special election as required by charter provision. The above named council- manager charter shall be that under which all the municipal functions of the government of the City of South Miami shall be conducted and the old charter as amended in July 1950 shall thereafter be held for naught and shall have no force and effect. All ordinances and resolutions adopted and passed in proper form by the mayor and the city council (commission] prior to the final adoption of this section are hereby declared to be in full force and effect and are valid and effective as if the same were individually and collectively passed and adopted under the provi- sion of this aforesaid passed and adopted council- manager char- ter. (Ord. No. 277, §§ 1 -4, 10- 14 -53) Note —See the editor's footnote to the charter title. Sec. 2 -2.1. Rules of procedure of city commission. The following rules of procedure shall govern all meetings of the city commission, namely: (A) REGULAR MEETING. The city commission shall hold regular meetings at 7:30 p.m., on the first and third Tues- days of each month with the exception of the months of June and July. The city commission shall hold regular meetings at 7:30 on the first and second Tuesdays of June and the last two (2) Tuesdays of July. When the day set for any regular meeting falls on a day designated by law as a legal, public, national or religious holiday, such meeting shall be held on the next succeeding day following such holiday. Regular meetings may be otherwise postponed, cancelled or reset only by resolution adopted at a regular meeting of a majority of the entire membership of the commission. All regular meetings shall be held in the com- mission chambers located in the city hall. (B) SPECIAL MEETING; WORKSHOP MEETING. A special meeting or a workshop meeting of the city commission may be called by the mayor whenever in his opinion the public business may require it, or whenever two (2) mem- Supp. No. 44 6 CITY OF SOUTH MIAMI ice► INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: March 3, 2000 From: Charles D. Scurr Re: AGENDA ITEM # City Manager Commission Mtng. 3/7/00. Change of City matching contribution To five percent (5 %) for Senior Level Managers. REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED COMPENSATION PLAN, AMENDING RESOLUTION NUMBERS 119 -93 -9358 AND 133 -96 -9887 TO OFFER A FIVE PERCENT (5 %) MATCHING CONTRIBUTION TO DEFERRED COMPENSATION PLAN FOR SENIOR LEVEL MANAGERS CURRENTLY DEFINED AS DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS, AND ASSISTANT TO CITY MANAGER. BACKGROUND & ANALYSIS In 1993, the City Commission approved resolution number 119 -93 -9358 to authorize the City Manager to offer a three percent (3 %) matching contribution to Department Heads who are not participating in the regular City pension plan. This was done at the time to provide equitable benefits for those Department Heads that were not participating in the regular pension plan which the City contributes three percent (3 %) annually to match the contribution from those participating employees. In 1996, the benefit was extended to the Assistant to City Manager and the Assistant Public Works Director by means of resolution number 133 -96 -9887. Because of the agreement between the City and the American Federation of State County and Municipal Employees (AFSCME) in 1995, the City annual contribution to the pension plan has increased to five percent (5 %). This has created inequity in the amount of contribution paid by the City to the pension plan and the deferred compensation plan for the participating Department Heads. The proposed resolution, if approved by the City Commission, will correct the inequity and put the contribution amounts at the same level for all employees. The cost of the change is estimated to be $6,000 for the remainder of this fiscal year. Funds are available in Deferred Compensation Plan Contribution line item. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21" 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46' 47 48 49 50 51 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DEFERRED COMPENSATION PLAN, AMENDING RESOLUTION NUMBERS 119 -93- 93.58 AND 133 -96 -9887 TO OFFER A FIVE PERCENT (5 %) MATCHING CONTRIBUTION TO DEFERRED COMPENSATION PLAN FOR SENIOR LEVEL MANAGERS CURRENTLY DEFINED AS DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS, AND ASSISTANT TO CITY MANAGER. WHEREAS, resolution number 119 -93 -9358 authorizes the City Manager to offer a three percent (3 %) matching contribution to the deferred compensation plan for Department Heads who elect to participate in the ICMA program, instead of regular City pension plan; and WHEREAS, resolution number 133 -96 -9887 authorizes the City Manager to offer a three percent (3 %) matching contribution to the deferred compensation plan for the Assistant to City Manager and the Assistant Public Works Director, if they elect to participate in the ICMA program instead of regular City pension plan; and WHEREAS, the three percent (3 %) matching contribution plan was created to provide equitable benefit for those Department Heads who were not benefiting from the City three percent (3 %) contribution to the regular pension plan for other employees at the time; and WHEREAS, the City contribution to the pension plan was increased to five percent (5 %) in 1995 for General Employees as part of the City agreement with American Federation of State County and Municipal Employees (AFSCME); and WHEREAS, in order to maintain equity in the City benefit distribution, it is necessary to change the City matching contribution to the deferred compensation plan for those employees prescribed in the two aforementioned resolutions to five percent (5 %). NOW, THEREFORE, BE' IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Commission hereby authorizes the City Manager to provide a five percent (5 %) matching contribution to the deferred compensation plan for the group of employees referenced above. Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2000. APPROVED: MAYOR RESOLUTION NO. 133 -96 -9887 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, ' FLORIDA, RELATING TO DEFERRED COMPENSATION PLAN, AUTHORIZING THE CITY MANAGER TO INCLUDE THE POSITIONS OF CITY CLERK, ASSISTANT TO CITY MANAGER, AND ASSISTANT PUBLIC WORKS DIRECTOR POSITIONS, FOR A "MATCH PAID BY THE CITY WHEN THESE EMPLOYEES PARTICIPATE IN THE DEFERRED COMPENSATION PLAN. WHEREAS, the City Commission has approved a plan to match up to 3% of the bi- weekly salary of those 'department heads who select the ICMA Deferred Compensation plan rather than the Pension Plan, and; WHEREAS, the City Manager has recommended the inclusion of three additional positions, that of Assistant to the City Manager, Assistant Public Works Director, and the City Clerk for eligibility for this plan; and WHEREAS, this alternative will allow the individuals in these three positions to chose between the pension plan or the ICMA Deferred Compensation Plan; and WHEREAS, the Assistant to the City Manager, Assistant Public Works Director, and the City Clerk may contribute more than 3% to the ICMA plan each biweekly pay period, the City will match only the first 3% for the Assistant to the City Manager and Assistant Public Works Director, and a minimum of 3 % for the City Clerk. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby authorizes the City Manager to extend the matching benefit to the Assistant to the City Manager, Assistant Public Works Director, and the City Clerk in addition to the Department Heads currently offered this benefit. The Assistant to the City Manager, Assistant Public Works Director, and the City Clerk will be required to contribute a minimum of 3% deducted from each bi- weekly paycheck to be matched at a rate of a maximum of 3% for the Assistant to the City Manager and Assistant Public Works Director, and a minimum of 3 % for the City Clerk. L Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this23 day of —duly, 1996. ATTEST: OVEN: CITY XkXY6R1 READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, FL 33143 v TO: Mayor and Commission DATE: July 17, 1996 FROM +� EddieCox City Mania e r RE: Agenda Item# g Comm. Meeting July 23, 1996 ICMA Deferred Comp Match This resolution authorizes the eligibility inclusion for iCMA Deferred Compensation match to three key positions in the City. Currently, the City matches 3% for Department Heads (only) who choose the Deferred Compensation plan over the Pension Plan. I am recommending approval of of the addition of the positions of Assistant to the City Manager, Assistant Public Works Director, and the City Clerk. These individuals, like the Department Heads, must contribute at least 3% of their salary to this plan, but may contribute more. The two assistant positions will be matched at a rate of 3 %. The City Clerk will be matched by a minimum rate of 3 %. The inclusion of these positions is important to maintaining the professional level of individuals we currently have, and in any future recruitment when vacancies occur. I recommend your approval. RESOLUTION No. 119 -93 -9358 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO OFFER DEPARTMENT HEADS AS ALTERNATIVES, PARTICIPATION IN THE CITY'S PENSION PLAN OR PARTICIPATION IN THE INTERNATIONAL CITY MANAGER'z ASSOCIATION (ICMA) DEFERRED COMPENSATION PLAN. WHEREAS, the City has an optional pension system which requires twenty -years of continuous service to be 100% vested; and WHEREAS, the City Manager has proposed an alternate to the City's Pension Plan for Department Heads which would permit Department Heads to elect to participate in the ICMA deferred compensation plan instead of the City pension plan; and WHEREAS, Department Heads selecting the ICMA plan will have 3X of their biweekly salary matched by a City contribution of 3%; and WHEREAS, Department Heads selecting the ICMA plan must contribute 3% of their biweekly salary in order for the City to match the Department Heads 3 %; and WHEREAS, the Department Head may contribute more than 3% to the ICMA plan each biweekly pay period; however, the City will only. match the first 3% contribution; and WHEREAS, the ICMA alternative will assist in recruiting future Department Heads; and WHEREAS, the ICMA will in the long term cost less in City funding than the City's pension plan. 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 offer each Department Head the foLlowing alternatives. a) Participation in the City pension plan OR b) Participation in the ICMA deferred compensation plan Section 2. Department Heads selecting the ICMA plan will be required to have a minimum of 3% deducted from each biweekly paycheck to be matched by a maximum of 3% City contribution. PASSED AND ADOPTED this 21St day of September 1993. APPROVED: Y0R A IT " CLERK READ AND APPROVED AS TO FORM: CIT ATTORNEY CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3 /3 / /00 AGENDA ITEM # FROM: Charles D. Scurr fivww Comm. Mtg. 3/7/00 City Manager Florida Citizenship & Leadership Day THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GOVERNMENT; SUPPORTING "FLORIDA CITIZENSHIP" AND LEADERSHIP DAY "; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached ordinance sponsored by Mayor Robaina, supports "Florida Citizenship and Leadership Day." On March 10, 2000, former Governor LeRoy Collins' birthday, the State of Florida will honor both his spirit and his example as a great Floridian by declaring his birthday "Florida Citizenship and Leadership Day." The City of South Miami joins with the Florida League of Cities in support of this event. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GOVERNMENT; SUPPORTING "FLORIDA CITIZENSHIP AND LEADERSHIP DAY:" PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of the City of South Miami are the assets, government and heart of the Sunshine State; and WHEREAS, as citizens and leaders, we each can make a contribution to the betterment of the entire community and City in which w live as we enter the 21St Century; and WHEREAS, grassroots particularly democracy which fosters positive community engagement and community building, locally to globally, is both a right and responsibility of each South Miamian; and WHEREAS, grassroots approach and initiative for an annual Florida Citizenship and Leadership Day would foster creative solutions to governmental and community issues and recognize those individuals and groups who have contributed to those solutions; and WHEREAS, "Florida Citizenship and Leadership Day" would provide a unique opportunity to explore South Miami's best practices and programs relating to governmental and community issues; and WHEREAS, there is a need to redefine and enhance the concept and practical applications of citizenship and leadership in today's challenging times, especially as we enter the 20 Century; and WHEREAS, the mission, purpose, and goal of "Florida Citizenship and ' 1Leadership Day" is to foster, highlight, express appreciation for, and reward positive contributions and initiatives in a variety of citizenship and leadership endeavors in both the private and the public sector; and WHEREAS, in choosing a date on which to hold "Florida Citizenship and Leadership Day," the designation of March 10, the birth date of former Florida Governor LeRoy Collins, recognized as "Floridian of the Century" in 1991 by the Florida Legislature, will serve as an inspiration and reminder of the high levels of aspiration and achievement set by former Governor Collins; and Additions shown by underlining and deletions shown by ever-striking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, it is fitting and appropriate that the City of South Miami support the observance of "Florida Citizenship and Leadership Day." NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the City of South Miami hereby supports the establishment of an annual "Florida Citizenship and Leadership Day," commencing on March 10, 2000. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2000. Page 2 of 2 "T411wo Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: FL League of Cities 2/15/00 7:41: PAGE 5/5 RightFAX Sample Resolution (See Datagram, page 1) City of A resolution in support of "Florida Citizenship and Leadership ayl WHEREAS, the citizens of (your city) are the assets, government and heart of the Sunshine State, and WHEREAS, as citizens and leaders, we each can make a contribution to the betterment of the entire community and city in which we live as we enter the 21 14 Century, and WHEREAS, grassroots participatory democracy which fosters positive community engagement and community building, locally to globally, is both a right and responsibility of each (Miamian, Tallahassean, etc.), and WHEREAS, a grassroots approach and initiative foran annual Florida Citizenship and Leader- ship Day would foster creative solutions to governmental and community issues and recognize those individuals and groups who have contributed to those solutions, and WHEREAS, "Florida Citizenship and Leadership Day" would provide a unique opportunity to explore (your city's) best practices and programs relating to governmental and community issues, and WHEREAS, there is a need to redefine and enhance the concept and practical applications of citizenship and leadership in today's challenging times, especially as we enter the 214 Century, and WHEREAS, the mission, purpose, and goal of "Florida Citizenship and Leadership Day' is to foster, highlight, express appreciation for, and reward positive contributions and initiatives in a variety of citizenship and leadership endeavors in both the private sector and the public sector, and WHEREAS, in choosing a date on which to hold "Florida Citizenship and Leadership Day," the designation of March 10, the birthdate of former Florida Governor LeRoy Collins, recognized as "Floridian of the Century" in 1991 by the Florida Legislature, will serve as an inspiration and reminder of the high levels of aspiration and achievement set by former Governor Collins, and WHEREAS, it is fitting and appropriate that the City of (your name) support the and observance of "Florida Citizenship and Leadership Day," NOW THEREFORE Be It Resolved by the City Council of (your city): That the Cityof (your name) hereby supports the establishment of an annual "Florida Citizenship and Leadership Day," commencing on March 10, 2000. FL League of Cities 2%15/00 7:41: PACE 2/5 RightF'AX PLEASE COPY AND DISTRIBUTE TO ALL APPLICABLE PERSONS: Mayor All Council members Managers Clerk Attorney Finance Director Florida League of Cities, Inc. P. ©. Box 1757o Tallahassee, FL 32302 -1757 *(850) 222 -9M oSuncom 278- 5331®http:1 www.flcities.com League Supports Florida Citizenship and Leadership Day On March 10, 2000, former Gov. LeRoy Collins' birthday, the state will honor both his spirit and his example as a great Floridian by declaring his birthday "Florida Citizenship and Lead- ership Day." This will be the state's opportunityto honorthose citizensthat help Florida grow, prosper and flourish through active involvement and leader- ship. Participation in this event is vol- untary and will be carried out by grassroots efforts. As a means of gath- ering support for this idea, state Rep. Marjorie Turnbull passed House Reso- lution 9143, outlining the goals and objectives for the day. The Florida League of Cities supports this event and encourages its members to adopt a similar resolution or proclamation to recognize and commemorate "Florida Citizenship and Leadership Day" (a sample resolution is attached). It is our sincere hope that everyone participates and helps make this event a success. Please send a copy of the resolution to the League, attention Sharon Berrian. For more information contact Sharon Berrian at (850) 222 -9684 or project founder Ann Marie Karl at (850) 224- 1111. FMIvT Offers Two New Equity Portfolios In addition to the three existing bond portfolios, the Florida Municipal Investment Trust (FMlvT) now provides pension fund investors with two additional equity optionsto complement the Domestic Diversified Equity Fund. This department also operates a Full Service Pension Fund, Telecommuni- cations and Utility Consulting and Auditing service, and the Florida Municipal Loan Council. For additional information on any of these programs, call Mark Sittig at the League. Florida Forever Advisory Council On February 28 & 29, 2000, the Florida Forever Advisory Council will hold a meeting in West Palm Beach at the Palm Beach County facilities, 3323 Belvedere Rd., Building 509, to further discuss the goals of Florida Forever Program. Chapter 259.0345 (7)(a) - {c }, F.S., directs the council to establish specific goals for the Florida Forever Program, provide recommendationsto the legislature for expanding or refining those goals, and develop performance measures to analyze progress made toward those goals. The goals refer - enced are described in Chapter 259.105 (4 )(a) -(6), F.S., The Florida Forever Act. Public testimony on these issues will be heard at the beginning of the Febru- ary 28 meeting, from 10:00 a.m. until' noon. If you have any questions about the meeting, call` Donna L. Ruffner, staff coordinator, Florida Forever Advisory Council at (850) 487 - 1750. FMPTF Members' Invitational Workshop The Florida Municipal Pension Trust Fund (FMPTF) will have its Members' Invitational Workshop on March 3, 2000 at the Ramada Resort and Conference Center, 7400 International Dr., Orlando. Join us and hear information about your pension investmentsand get a sense of security from the knowledge and level of expertise that surround your pension assets. How will the pension invest- ments change inthe next century? What do you need to know now that you have your own pension plans? What is your responsibility as the employer and ad- ministrator of your "own" pension plan? Local governments a nd pension boards are often misinformed about the level of authority and risk involved in serving on the Board of Trustees. Hear the truth about potential "risks" and the appropri- ate liability coverage. Do you under- stand the actuarial assumptions and provisions in a defined' benefit valua- tion? Come, listen and learn from the experts who provide your pension work products and bring your questions with you. There will be no charge for this work- shop; however, we would appreciate it if you would advise our office if you would like to attend. Call Serena West at the League or e- mail: swesl@fl cities.com. For hotel reservations, con- tact the Ramada Resort and Confer - ence Center directlyat (407) 996 -7400, fax (407) 996.7405 or 1- (800) 327 -1363. Action Cali: Cities Asked to Respond to Survey The League, with assistance from the Florida Institute of Government, has recently mailed a survey that will be used to develop a report titled, State of the Cities 2000. The questions in the survey are re- lated to public policy from a federal, state and municipal perspective. The results will help guide not only the League's policy formation, but will also assist in helping the public to under - stand the unique needs and assets of Florida's municipalities. Please take a few minutes to an- swer the questions, and provide ONE answer per municipal government. The deadline to respond is February 21, 2000. Please return the survey in the pre -paid envelope that was provided. FL League of Cities 2/15/00 7:41: PAGE 3/5 RightFAX The survey is accessible on the League's Web site at: wwwficifies. coml survey. The survey results will be shared with members as soon as they have been tabulated. Questions regarding the survey should be directed to Kelvin Robinson or Sharon Berrian at the League. League Sponsors Time Capsule 2000 The League is sponsoring the Florida Time Capsule 2000 statewide televi- sion education project, an entertaining look into Florida's rich history. The project includes a series of 20 public service announcements (PSAs), depict- ing key moments in Florida's history. The Florida Time Capsule 2000 pro- gram and the 30-second PSAs can be seen on network and cable television stations throughout the State of Florida year-round. In addition, the program also will be presented in Florida's public schools to teach students about our state's history. The Time Capsule 2000 project was designed to give viewers a brief, in- sightful glimpse into Florida's past. The program spans Ponce de Leon's dis- covery of Florida to Apollo 11's lunar landing. Beginning in March, a 30-minute tele- vision special 'Florida Time Capsule 2000" will be available for statewide broadcast on cable depicting a fast- paced look at highlights of Florida's history. The PSAs are also available on the League's Web site at: www. ficities. com and can be accessed by clicking on the News/PSA button. Formore infbrTnationon the League's Time Capsule 2000, contact Sharon Berrian at the League. Legislative Action Day Watch your mail for registration in- formation on Legislative Action Day, which will be held April 5, 2000 at the Tallahassee-Leon County CivicCenter. Contact the following hotels to make your reservations: Radisson Hotel (850) 224-6000 - rate is $105.00 for single and double and the cut-off date is March 14; and the Holiday Inn Select (for- merly the Clarion Capital Hotel) (850) 222-9555 - rate is $105.00 for single and double and the cut-off date is March 14, When contacting either hotel, men- tion the room block for the Florida League of Cities. Call today to make room reservations. Don't be caught with- out a room! Even though the cut-off date is March 14, we Gould run out of rooms before then. The League has contacted all mem- ber cities to determine if they have an official city lapel pin and city flag. We have asked that you send your city lapel pins to us and inform us as to whether or not your city has a flag. Lapel pinswill be placed in theirappro- priate place on two Florida maps. Once completed, the maps will be profes- sionally mounted and framed. One map will be on display at the League build- ing in Tallahassee. The other map will be presented to FLC President Frank Satchel at the end of his year, during the August annual conference in Fort Lauderdale. If you have any questions, call Sharon Berrian or e-mail: sberrian@ ficifies.com. Thank you for your help and quick response to this request. Florida Municipal Training Calendar The 2000 edition of the Florida Mu- nicipal Training Calendar is nowavail- able and copies have been distributed to League members. Compiled by the Florida League of Cities, this calendar is intended to serve as a "one-step" informational resource for municipal training opportunities. It is hoped this calendarwill help to identify helpful train- ing programs, aswell asoffermembers a better opportunity to plan ahead for such training. To obtain your copy, call Betty Kozumplik at the League or e- mail: bkozumplik@ficities.com. Re- quests may also be faxed to (850) 222- 3806. Please note that the training in- formation is also available on the League's Web site at hti1p.1hvww.f1cfts. com. Future updates W the training calendarwill be provided in the Quality Cities magazine and on the Web. 4 * 4 r o +• 1 Published by the Florida League of Cities, the Financing and Technical Assistance thr Florida Municipalities publication contains information on grants, loans, technical assistance and other resources available to Florida cit- ies. Premiered at the 1999 Grants Ex- change as a part of the League's 731" Annual Conference, the 1999 edition is nowavailable. Contact Betty Kozumplik at the League to reserve your copy. The book is available at no charge to League members. Regional Forums on Growth Management Don't miss this opportunity to stand up for municipalitiesl Gov. Jeb Bush and Secretary Steve Seibert of the De- partment of Community Affairs and Florida's regional planning councils in- vite you to present your ideas and com- ments about the future of growth man- agement in Florida at regional public forums. Secretary Seibert urges mu- nicipal elected officials to ensure that growth management law revisions a re a matter of significance by participating in these forums. Contact your local and regional league designated contact per- son or Dee Carper at the Florida League of Cities for information to assist you in preparing your effective presentation. Make your voice heard to ensure that our growth management concerns are addressed. Listed below are the sched- uled dates for regional forums. 0 February 16, 2000, Northeast Florida Region, 2:00 p.m.-5:00 p.m. and 6:00 p.m.-9:00 p.m., Prime F. Osbom, III Convention Center, 1000 Water St., Jacksonville. 0 February 28, 2000, Tampa Bay Re- gion, 2:00 p.m.-5:00 p.m. and 6:00 p.m.- 9:00 p.m., Harbor View Center, 300 Cleveland St., Clearwater. ■ February 29, 2000, Southwest Florida Region, 2:00 p.m.-5:00 p.m. and 6:00 p.m.-9:00 p.m., Harborside Con- vention Complex, 1375 Monroe St., Fort Myers. Trees Florida 2000 The Florida Urban Forestry Council and the Florida Chapter International Society of Arboriculture (ISA) are spon- soring the Trees Florida 2000 confer- ence, June 17-20 at the Innisbrook Re- sort in Tarpon Springs. The conference will feature educational programs, an industry trade show, field trips and the ISA tree climbing championship. For more information visitthe Florida Chap- ter ISA Web site: wwwfloridaisa.com or call (407) 872-1738. Sterling Conference 2000 The Florida Sterling Conference 2000 will be held May 30-June 2, 2000. The conference will feature specialized tracks for education, health care, manu- facturing, executive, service and pub- lic/government. In addition, there will be a book fair, keynote speakers, more than 60 training sessions, and the Governor's Sterling Avard banquet. For FL League of Cities 2/15/00 7:41; PAGE 415 RightFAX more information, visitthe Florida Ster- ling Council-s Web site: www.florida sterling. coin or call (850) 922 -5316. Positions Public Works Director — DeSoto County. Negotiable salary. Small, ru- ral central Florida county. Responsible administrative and professional engi- neering work directing the operations of the county's Public Works Depart- merit. Requires extensive knowledge of public works engineering and involves the ability to exercise a high degree of independent judgment in interpreting, applying and enforcing all applicable policies, laws and regulations as they relate to DeSoto County's interest. Re- quires four year degree in civil engi- neering or closely related field, State of Florida certification as a professional engineer and a minimum of four years professional engineering experience. Position is open until filled, Contact Human Resources Department at (863) 993 -4808 fora county application form or for more information. Mail resumes to: Human Resources Department, 201 East Oak St., Suite 202, Arcadia, FL 34266. Fax to: (863) 993 - 4857. EOE drugfree. City Clerk City of New Port Richey: Full -time position. Responsible for maintenance of all official records. Directs the operation of all records re- tention and archives programs, facili- ties council meetings, records and pro- duces minutes, and may conduct city elections. Bachelor's degree from an accredited college or university pre- ferred, certification as a Certified Mu- nicipal Clerk through the International Institute of Municipal Clerks Associa- tion required or be eligible fardesigna tion within three years. Directly related municipal government experience pre- ferred. Apply at the City of New Port Richey, 5919 Main St., New Port Richey, Monday through Friday, 9 a.m. to 4 p.m., or call (727) 841- 4500. EOE/ DFWP. Salary dependent on qualifica- tions. Fire Chief - City of Fernandina Beach. Historic Fernandina Beach, a pleasant and progressive coastal com- munity, is accepting applications for a fire chief to direct and manage the over- all operations of the city Fire Depart- ment. Salary range: $38,934 to $56,455. The successful candidate will have an associate's degree in fire sci- ence or a related field, and three years of fire department management expert ence; driver's license, Class "D" with a Class "E" endorsement; Florida certifi- cation as firefighter; Fire Officer I cer- tification; and Florida EMT. Mail or fax cover letter and resume, including sal- ary history to: City of Fernandina Beach, Human Resources Department, P.O. Box 668, Femandina Beach, FL 32035- 0668. Fax (904) 227 -7316. EOE /AA/ VP /RDA. City Administrator— City of Belle Isle. The City of Belle Isle is seeking qualified applicants for the position of city administrator. Submit resumes to Bill Hand, Mayor; City of Belle isle, P.O. Box 593135, 0dando, FL 32859. Minimum qualifications: BA in public administration or business administra- tion from accredited university and five years experience as city manager /as- sistant manager or city administrator. Salary negotiable DOQ, up to mid- range. Range $46,034 to $64,371. City Clerk/Treasurer City of Valparaiso. Applications are being accepted for the position of city clerk/ treasurer. Department head position re- porting to the mayor and commission. Responsible for City Hall operations; maintenance of public records, cash management, budget preparation and administration, supervision of account- ing, data processing and customer ser- vice. Must be computer proficient, with knowledge of accounting software and MS Office 97. Education and experi- ence: high school plus at least five years experience with organization, functions and problems of municipal government. Associate or bachelor's degree in closely related field helpful. Certified Municipal Clerk (CMC) certifi- cation desirable, orthe abilftyto achieve it within three years of appointment. Applicants must pass a background search, drug screening and public in- terview. Starting salary range $30,000 to $40;000, depending on education and experience.. The City Charter presently requiresthe holder of this position to be a current Valparaiso resident. However, this may change as a result of a refer- endum to be determined on March 14. Submit complete resume and coverlet ter by April 3, 2000 to: Office of the City Clerk, 465 Valparaiso Pkwy., Valparaiso, FL 32580; fax: (850) 678- 4553, e- mail: valparaiso @emerald coastcom. Drug free workplace. Equal Opportunity Employer. City Clerk /Treasurer — City of Anna Maria. Responsible department head position. Supervise city hall ad- ministrative office. Prepare city finan cial statement. Knowledge of the prin- ciples and methods of public adminis- tration; knowledge of organization, func- tions and problems of municipal gov- ernment. Knowledge of the principles and methods of public finances. Prefer degree in public administration, busi- ness, accounting or closely related field and .Municipal Clerk (CMC) Certifica- tion. Position open until filled. Resumes should be submitted to Anna Maria City Hall, P.O, Box 608, Anna Maria, FL 34216 -0608. EOE. Director of Planning and Facili- ties Sun N Lake Special District. Highly responsible administrative work In directing and coordinating all phases of independent special district planning and facility construction, and relations with all governmental agencies, devel- opers, builders and realtors relative to construction activitiesand future devel- opment. Please send resume to: Gen- eral Manager, P.O. Box 1475, Sebring, FL 33871. Community Development Direc- tor —City of Madeira Beach. The City of Madeira Beach is accepting resumes forthe position of community develop- ment director, a highly responsible managerial, professional, and technical' position involved in formulating, imple- menting and administering the compli- ance of all phases of the city's develop- ment planning services. Responsibili- ties include grants, code enforcement, building, and zoning, Comprehensive Land' Use Plan, Flood Plan and CRS program. The ideal candidate will pos- sess thorough knowledge of planning/ development principles and codes as well as technical and legal knowledge of all aspects of community develop- ment, county and state legislation. Graduate from an accredited four year college /universitywith a degree in pub- lic administration, planning, architec- ture, engineering orother related field. Master's degree preferred'. Prefer five years related supervisory experience in community development and land use planning with three years supervisory experience in municipal government setting. AICP Certification preferred. Possession of a valid Florida driver's license. Salary range $40,000 to $55,000 with full benefits and ICMA. retirement. Send resume to Human Resource Officer, City of Madeira Beach, 300 Municipal Dr., Madeira Beach, FL 33708 or fax resume to (727) 399 - 1131. All applications will become public documents under Florida Law. EOE /DFWP. Closing date: position open until filled. -% ....................:.... .......................... .......................... .......................... ........................... .......................... ........................... ........................... W CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: March 2, 2000 FROM: Charles Scurr SUBJECT: Agenda # 2._ City Manager Commission Meeting March 7, 2000 Recio & Associates REQUEST The purpose of this memorandum is to seek the approval of the attached resolution for the renewal of a contract with Recio & Associates for litter removal and landscape maintenance on sections of US 1 and Sunset Drive. BACKGROUND The original contract was approved under Resolution No. 287 -98 -1055 on the October 20,1998. The City of South Miami piggybacked on an existing multi -year contract competitively bid by the City of Coral Gables (PN /29005). That bid provided for annual extensions at the same contract price. Recio's performance and responsiveness during the contract period have been above satisfactory. This item extends the contract renewal option at the same price for an additional year. The cost of renewal of this contract is not to exceed $36,300.00 per annum. Funding for this disbursement will come from Account No. 001 - 2050 -519 -3450 "Contractual Services ". The balance of this account will be $28,500.00. RECOMMENDATION Approval is recommended. I Resolution No. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY T*V_11AN_A:GER TO 5 EXTEND AN AGREEMENT WITH RECIO AND ASSOCIATES, INC. FOR 6 LANDSCAPE TVAINTENANCE AND LITTER CON T R:OL SERVICES 7 ALONG THE US MEDIAN, SUNSET DRIVE MEDIAN, AND THE _9 DOWNTOWN AREA AT A COST NOT TO E—Nal-MED 353-6,300.00 FOR THE 9 CURRENT FISCAL YEAR AND CHARGING THIS AMOUNT TO U ACCOUNT NO. 00 1 21150-5119-3450, "CONTRACTUAL SERVICES". 12 WHEREAS, Artick 111, Section 5, H, Of the -City Ch-rt& Charter, requires bids be- obtaine-A 13 for purchases of items over $1,000.00; and 14 .15 WHEREAS, For the past 12 -months the City of South Miami has successfully d th- - _ - __ - __ - - - - __ - P ____ ____ __ - _-_ ' 16 eni I e contracted services of ecio and ssociates, Inc r maintenance of ploye R A for the US -1 17 highway median; and 1,8 19 '_O- 21 23 4 25 26 ,27 29 29 30 31 32 33 34 35 37 �8 39 41 42 43 44 45 446 47 40 49 WHEREAS, Said contractor has performed the contracted services in a better than satisfkt6ry m anner; and WHEREAS, This contract will service the- current fiscal year (October 1, 1999 to September 30, 2000 ). NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COM M R Section IDA- 1. That lie City Manager, b�, And Is hereby Awh,,_� 20d to disburse fr6n. ty r I vfi .1 account number 001-2150-519-33450, "Contractual Services" a sum not to exceed $M,0 --0. 000 d u r-i n- g- the c_ tu-T-e-nif fiscal Year- -to R e-c-lo- and Ass-o-cia-16s, -Inc., and that -a purchase order be awarded to the above mentioned vendor. Section 2 This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of March r ch 2000 ATTEST: CONTRACT Nov 12 THIS AGREEMENT, made and entered into this day of -- -�rrarzzzx FrA,- 7: �,.a 1998, by and between the City of South Miami, Florida, a municipal corporation of the State of Florida, party of the first part, (hereinafter sometimes called the "City "), and Recio &Associates, Inc. party of the second part, (hereinafter sometimes called the "Contractor "). WITNESSETH: That the parties hereto, for the considerations hereinafter set forth, mutually agree as follows: ARTICLE I. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner provided by the Contract Documents, for the project entitled: LANDSCAPE MAINTENANCE SERVICES AND LITTER REMOVAL AT FOLLOWING AREAS: 1. US 1 FROM SW 57TH AVENUE TO SW 80TIl STREET 2. SUNSET DRIVE (SE 72ND STREET) FROM US 1 TO S. W. 69Tf' AVE. 3. DONWTONW DRISTRICT AND US 1 MEDIANS FROM 57T`1 AVENUE TO S. W. 74TH STREET- Litter Removal Only ARTICLE 2. CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of the Contract, in lawful money of the United States, and subject to' additions and deductions and based on unit prices (where applicable), all as provided in the Contract Documents, in the sum of- THIRTY SIX THOUSAND AND 00 /100 DOLLARS ($36,300) ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications ", and subject to additions and deductions as provided, the City shall pay the Contractor as follows: CONTRACT a) On or before the 10'h day of each calendar month, the City shall make partial payments to the Contractor on the basis of a duly certified and approved Estimate of Work, performed during the preceding calendar month by the Contractor. b) Payment on account of the Contractor of all work shall make this Agreement within thirty (30) days after completion covered by this Agreement. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under this Contract within ten (10) consecutive calendar days after the date of written notice to proceed from the Director of the Department of Public Works. ARTICLE 5. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully a part of the Contract as if hereto attached, or repeated in this Agreement: 1. Contract 2. Special Provisions (Addendum 1) 3. Certificates of Insurance 4. Plans: As prepared by the City of South Miami Department of Public Works Entitled: Landscape Maintenance of US I from SW 57'h- Avenue to SW 80'h Street; Sunset Drive (S. W. 72nd Street) from US l to S. W. 691h Avenue; Downtown District planters and US I Medians from S.W. 57'h Avenue to S.W. 74`h Street - litter removal only. `T. 2 CONTRACT IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of, which shall, without proof or accounting for the other counterparts, be deemed an original Contract. ()1jQ-U WITNESS: (If a Corporation, attach Sea,j and attest by Secretary) t Attie: 4 ' " L Gart*4ft*= * *My Commission ccee Qti gat.!V Expires 0cWbw 2, 2001 I THE CITY OF SOUTH MIAMI, FLORIDA Party of the first Part By: Title: RECTO & ASSO A Party of the sec 7p, ➢i By: Title:bu %- Employer D No. —4 G - 3 , RECTO &ASSOCIATES, INC. A44�n Op [F 4 o n HQM044Q1 � 8053 NW 64th St. MIAMI, FLORIDA 33166 j�d (305) 994.7811 FAX (305) 494 - 7(779 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via • Shop drawings ❑ Prints ❑ Plans • Copy of letter ❑ Change order ❑ DATE I� -7 JOB NO. ATTENTION �S RE: rot ❑ Samples COPIES DATE iVO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ for your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS • Approved as submitted • Approved as noted • Returned for corrections 19 the following items: ❑ Specifications ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. ADDENDUM I SPECIAL PROVISIONS 1.1 DEFINITION The purpose of this division is to provide coverage for all conditions applicable to this Contract, where such coverage is not provided for in the other portions of the Contract Documents. In case of any conflict with the provisions of other portions of the Contract Documents, the provisions of this division will prevail, unless amended in addenda issued subsequent to publication of these Contract Documents. 1.2 DESCRIPTION OF WORK The work consists of furnishing all labor, materials and equipment to maintain by mowing /cutting, pruning, trimming, weeding, removing litter, the landscaped right -of -way medians on: US I from SW 57'h Avenue to SW 801h Street Sunset Drive (S. W. 72 "d Street) from US I to S. W. 691h Ave. Downtown District planters and US 1 Medians from S. W. 57'h Avenue to S. W. 74th Street — litter removal only in the City of South Miami, Florida Also, the work includes removal /replacement of dead or diseased plant material, with such materials to be supplied by the city, unless otherwise indicated in specific changes to the Contract. 1.3 DESCRIPTION OF PROPOSAL Base Bid is the total of the prices quoted for item 1 Proposal Item I: is for the furnishing of all labor, materials and equipment to maintain by mowing/cutting, pruning, trimming, weeding, removing litter, the landscaped right -of -way medians on: US I from SW 57'h Avenue to SW 80th Street Sunset Drive (S. W. 72 "d Street) from US I to S. W. 691h Ave. Downtown District planters and US 1 Medians from S. W. 57th Avenue to S. W. 74'h Street — litter removal only in the City of South Miami, Florida Also, the work includes removal/replacement of dead or diseased plant material, with such materials to be supplied by the City, unless otherwise indicated in specific changes to the Contract. 4 Z/V FRS' RE�lO �� -iH -ES PHONE tai. 1C :4�AM F-, ECIAL PROVISIONS 1.4 DURATION AND RENEWAL OF CONTRACT The City reserves the right to renew of terminate the maintenance contract at the end of the municipality's 1997 -1998 fiscal year, which ends on September 30`", 1998, on a fiscal year (October 1" to September 30")bans up to a period of five (5) years. 1.5 SUPERVISION It is not the City's intention nor responsibility to coordinate the many activities of the Contractor necessary to complete a project. The City's responsibility is to see that the project is carried out in accordance with the Plans and Specifications. 1.6 REVISIONS TO GENERAL CONDITIONS If the Contractor's performance of this Contract is delayed by acts of the owner or other subcontractors, suppliers and contractors, materialmen, architects and /or engineers, the Contractor may request an extension of time from the City, in writing, within twenty (20) days of the event by which the delay occurred, but the Contractor shall not be entitled to an increase in the contract price or claims or damages because of the delay or because of any acceleration in its work. 1.7 SAFETY ON AND OFF THE JOB SITE In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the Contractor. The City shall not be responsible for safety on or off the job site. The City's on -site observations or inspections shall be only for the purpose of verifying that the maintenance Specifications are being implemented properly. The City's on -site observations or inspections are not for safety on or off the job site. The Contractor must provide barricades and traffic control devices as he deems necessary or as may be required by the governing agencies or as directed by the City to protect the work, workmen and the general public while conducting the work. Page 2 of 6 /_1 - PHpNE r,0. — E05994 7 779 IC —f-943 10 : c :1, d l P� AnnFNnUM 1 SPFC IAL PROVISIONS 1.8 TRAFFIC CONTROL The Contractor shall, at his cost, observe all safety regulations including the placing and displaying of safety devices, provisions of Police to control traffic, etc as may be necessary in order to conduct the public through the project area in accordance with the F D O T.'s "Manual on Traffic Controls and Safe Practices for Street Highway Construction, Maintenance and Utility Operations" The Contractor's attention is directed to the fact that work may be performed on a limited access roadway, with special regulations pertaining to this system. Upon completion of a contract each day, all equipment shall be promptly removed from the job site. 1.9 INDEMNIFICATION The Contractor covenants and agrees to indemnify and hold the City harmless for any death of or injury to persons or damage to or loss of property which may occur as a result of the Contractor's performance under this Agreement. 1,10 INDEPENDENT CONTRACTOR The Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits (if applicable), purchasing policies and other similar administrative procedures applicable to goods and services rendered under this Agreement shall be those of the Contractor. Page 3 of 6 i � 7 RE-In * - _ PH311E !,n. 13 I? '3 IL': OHtl F AM-, ADDENDUM1 SPECIAL PROVISIONS 1.11 UNCONTROLLABLE CIRCUMSTANCES ( "Force Majeure ") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that., a) The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to. the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; b) The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; c) No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and d) The non - performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not excused for a period in excess of two (2) months, provided extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the Agreement shall be extended by a period equal to that during which either party's performance is suspended under this provision of the Agreement, Page 4 of 6 RF-.10 H FNOHE N1 ADDENDUMI SPECIAL PROVISIONS 1.12 Assignment Mo Neither this Agreement, nor any portion thereof unless otherwise authorized herein, shall be assigned without the formal consent of the City Manager or appointed designee. No such approval will be construed as making the City a party of or to such assignment, or subjecting the City to liability of any kind to any assignee even if subcontracting is authorized herein. No subcontracting agreement shall, under any circumstances, relieve the Contractor of any liability or obligation under this Agreement. 1.13 PERMITS Contractor shall have the sole responsibility, at its sole cost and expense, to secure all necessary, Dade County, State, and Federal licenses and permits for the performance of this job. 1,14 CONFORMITY TO LAW Contractor shall comply with all applicable laws, ordinances, regulations; and orders of Federal, state, County and municipal authorities pertaining to Contractor's performance under this Agreement. The Contractor covenants and agrees that there %III be no discrimination as to race, cc+or, creed, or national origin in the Contractor's performance of the Agreement. 1,15 DEFAULT In the event of the breach of any of the covenants of the Agreement by the Contractor, and such breach is not cured or corrected within thirty (30) days after receipt of written notice of the breach, then the City shall have the right to terminate this Agreement at the expiration of the thirty (30) day notice. Page 5 of 6 �7 FR =tom FE�IOc H'=•5�= IA�E' F'Hnt1E f �. 35994777 �4 �4gF+ F4 1r► ADDENDUM 1 SPECIAL PROVISIONS 1.16 FINAL REPOSITORY The parties mutually represent and warrant to each other that this Agreement, consisting of paragraphs 1 1 through 1 19, inclusive, constitutes the final repository of the parties on its subject matter and may not be changed, modified, discharged or extended except by written instrument duly executed by the parties. The parties agree that no previous representations or warranties shall be binding upon either party nor has the execution of this Agreement been induced on the part of any party except as expressed in writing in this Agreement 1.17 NONWAIVER Failure of the City to insist upon the strict performance of the covenants, conditions, and agreements of this Agreement in any one or more instances, shall not be construed as a waiver or relinquishment in the future of any such covenants, conditions and agreements. 1.18 INDEMNITY AGAINST COSTS AND CHARGES In the event of any litigation concerning this Agreement, the prevailing party shall be entitled to recover from the losing party all reasonable costs and attorney's fees through all appeals. 1.19 LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in: Dade County, Florida, and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of Florida. Page 6 of 6 DATE (MM/DD/YY) 8/31/99 PRODUCER 305- 59.1 -0090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Seitlin DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. 0. Box 025220 POLICIES BELOW. Miami, FL 33102 -5220 COMPANIES AFFORDING COVERAGE COMPANY A CRUM & FORSTER INDEMNITY INSURED COMPANY RECTO &ASSOCIATES, INC. B NORTH RIVER INS.CO. COMPANY ATTN: RICARDO RECIO C U.S. FIRE INS.CO. 8053 N.W. 64TH STREET COMPANY MIAMI FL 33166 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY - GENERAL AGGREGATE COMM. GENERAL LIABILITY A 503172796 9/01/99 9/01/00 PROD - COMP /OP AGG. CLAIMS MADE O OCCUR PERS. & ADV. IHIURY OWNER'S & CONTRACT'S PROT EACH OCCURRENCE DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES /SPECIAL ITEMS LANDSCAPE MAINTENANCE SERVICES AND LITTER REMOVAL AT: 1) US 1 S.W. 57 AVE. TO BOTH STREET 2) SUNSET DRIVE, S.E. 72ND ST. FROM US 1 TO S.W. 69TH AVE. 3) AT DISTRICT & US 1 MEDIAN, 57TH AVE.,TO SW 74 ST,LITTER REMOVAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SOUTH MIAMI EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 4795 S.W. 75TH AVENUE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR MIAMI, FL 33143 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE FIRE DAMAGE(One Fire) 1 MED EXP(Any one person) 5000 A AUTOMOBH E LIABII ITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 1336442067 9101/99 9/01/00 COMBINED SINGLE LIMIT 1000000 X BODILY INJURY (Per person) X BODILY (Per accident) X PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY: ....... ............................... EACH ACCIDENT AGGREGATE A EXCESS LIABH.M [jUM[BRELLA FORM OTHER THAN UMBRELLA FORM 553064250 9/01/99 9/01/00 EACH OCCURRENCE 5000000 AGGREGATE 10000000 WORKERS COMPENSATION AND EMPLOYERS, IJABILITY THE PROPRIETOR/ IN,CL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL OTHER STATUTORY LIhIITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE -EACH EMPL. DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES /SPECIAL ITEMS LANDSCAPE MAINTENANCE SERVICES AND LITTER REMOVAL AT: 1) US 1 S.W. 57 AVE. TO BOTH STREET 2) SUNSET DRIVE, S.E. 72ND ST. FROM US 1 TO S.W. 69TH AVE. 3) AT DISTRICT & US 1 MEDIAN, 57TH AVE.,TO SW 74 ST,LITTER REMOVAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SOUTH MIAMI EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 4795 S.W. 75TH AVENUE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR MIAMI, FL 33143 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 20, 1998 FROM: Charles D. Scurr RE: Agenda Item # City Manager The attached resolution seeks approval to authorize the City to enter into an agreement for litter removal and landscape maintenance with Recio and Associates, Inc. (Recio) for the current year at a cost not to exceed $36,300.00. The City entered into a similar agreement with Recio (for US1 highway medians) during the past fiscal year. The agreement was based on a competitively bid contract between the City of Coral Gables and the above vendor. Recio's performance and responsiveness were above satisfactory during the contract period. Approval of authorization to enter into an agreement with Recio and Associates for landscape maintenance and litter control services for the 98/99 Fiscal Year Based on the attached agreement, Recio would provide the following landscape maintenance and litter removal services for the fiscal year (beginning early November): Cost for FY 22 cycles Location Frequency / ccycles per year Unit Cost* (I 1 mo ) ** US 1 Highway median Twice per mo. /24 $16.25/1000 sq. ft. $20,200 (80'` St. — 57" Av.) per cycle � Sunset Dr. Median (US 1 — 69`h Av.) SAME AS ABOVE SAME AS ABOVE $16,100 TOTAL ANNUAL COST: $36,300 �0 obi * Based on City of Coral Gables contract no. PN/29005 in effect through 9/30/98. (V * *Includes cost for two cycles in October for US 1 median only per FY `97 -'98 contract provisions. Page 2 of Resolution NO. 287 -98 -10555 Section 2. The City Manager be, and is hereby authorized to disburse a sum not to exceed $36,300 during the fiscal year to Recio and Associates, Inc. Section 3. That this resolution shall be effective immediately after adoption thereof. PASSED AND ADOPTED this 20th day of October, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: - CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Bethel: Commissioner Feliu: Commissioner Russell: 4 -0 Yea Yea Yea Yea Out of room E MAYOR AND COMMISSION OCTOBER 20,1998 PAGE TWO Included in the above annual fee, Recio will provide litter control service once per week (Saturday A.M.) for the downtown district planters and the US 1 median sections adjacent to the district (between 57`h Avenue and 74th Street). The inclusion of this service results in overall unit costs for maintenance and litter control services which are lower than the competitively bid Coral Gables rates. The cost savings resulting from this approach are substantial. To illustrate, the estimated annual labor cost to provide these services in -house for the US I and Sunset medians alone would be close to $32,000. This is exclusive of fringe benefits, equipment wear and maintenance, and fuel. When these costs are considered in conjunction with the labor for weekly litter removal for the downtown planters and adjacent US1 medians, the financial benefit of this contract are clear. It is recommended that this agreement be for the current fiscal year, but that it provides the option for two (2) one -year extensions. These options would be recommended based on the competitiveness of the rates, and contractor performance. Funding for this disbursement will come from Account No. 1750- 519 -3450, 'Landscape Maintenance Division — Contractual Services ". This account was funded with $28,500.00 for the fiscal year. The remaining $7,750.00 for the contract cost will be funded from account no. 1750 -519 -4625, "Landscape Maintenance Division — Landscape Improvements ". This account will have a resulting balance of $67,250.00. The financial and service delivery impacts of this contract are significant. Therefore, approval is recommended. Attachments • PURCHASE ORDER THE CITY OF SOUTH MIAMI, FLORIDA FINANCE DEPARTMENT DIVISION OF PURCHASING 6130 SUNSET DRIVE SOUTH NHAMI, FL 33143 PHONE 305- 663 -6339 FAX 305 -667 -7806 PAGE: 2 P.O. NO.: 002137 DATE: 12/10/98 TO: RECIO LANDSCAPING SHIPTO: CITY OF SOUTH MIAMI 8053 NW 64 ST CENTRAL SERVICES MIAMI, FL 33166 6130 SUNSET DR SOUTH MIAMI,, FL 33143 * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* VENDOR NO. , Florida Tax Exemption No. 23- 19- 324 - 896 -54C 1485 Federal ID Number 59- 6000 -431 DELIVER BY SHIP VIA F.O.B. TERMS 09/30/99 CONFIRM BY CONFIRM TO REQUISITIONED BY FREIGHT CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REQ. DATE • • .. • D COST REQ. NO ------------ DATE ACCOUNT NO. PROJE --------------------------- - T AMOUNT 0000002 14 - - - - -- 2/08/98 00117505193450 ------- - - - - -- 28500.00 FERNANDC ROD IGUEZ 0000002C14 2/08/98 00117505194625 7800.00 k- f 0 i P i f FERNANDC - - -- - E ROD - - -- IGUEZ --------------------------- - - - - -- ------- - - - - -- D i CHECK APPROVED BY FINANCE DIRECTOR CITY MANAGER P.O. APPROVAL a RESOLUTION NO. 287-98-10555 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RECIO AND ASSOCIATES, INC. FOR LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES ALONG THE US 1 MEDIAN, SUNSET DRIVE MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED $36,300.00 FOR THE CURRENT FISCAL YEAR AND CHARGING $28,500.00 OF THIS AMOUNT TO ACCOUNT NO. 1750 -519 -3450 "LANDSCAPE MAINTENANCE DIVISION — CONTRACTUAL SERVICES" AND $7,750.00 TO ACCOUNT NO. 1750- 519- 4625, "LANDSCAPE MAINTENANCE DIVISION - LANDSCAPE IMPROVEMENTS ". WHEREAS, for the past nine months the City of South Miami has successfully employed the contracted services of Recio and Associates, Inc. for maintenance of the US I highway median, and; WHEREAS, as part of Public Works' cost reduction initiative, the current year's budget includes the expansion of contracted landscape maintenance to cover the Sunset Drive median and litter removal services for the downtown district, and; WHEREAS, Recio and Associates is currently on contract with the City of Coral Gables through that municipality's competitive bid process, and; WHEREAS, the total cost quoted by Recio and Associates is based upon the unit costs for landscape maintenance and litter control as provided in the City of Coral Gables' competitively bid contract. NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has obtained the following quote for landscape maintenance and litter control services based on the Coral Gables contract number PN/36513, authorized through that municipality's Resolution No. 29005. The following services provided at a cost not to exceed $36,300 annually: US 1 and Sunset Drive (SW 72nd Street) medians: Landscape maintenance - 24 cycles/ year (2X per mo.) Downtown district — existing and new planters: Litter removal — downtown and adjacent US 1 medians - 52 cycles /year (IX per week) 111/911998 11:34 3052613791_ c PUBLIC WORKS PAGE 05 MAYOR AND COMMISSION OCTOBER 20,199$ PAGE TWO Included in the above annum fee, Recio will provide litter control service once per week (Saturday A.M.) for the downtown district planters and the US 1 median sections adjacent to the district (between 57" Avenue and 740' Street). The inclusion of this service results in overall unit costs for maintenance and litter control services which are lower than the competitively bid Coral Gables rates. The cost savings resulting from this approach are substantial. To illustrate, the estimated annual labor cost to provide these services in-house for the US 1 and Sunset median$ alone would be close to $3Z, 000. This is exclusiyr of fringe benefits, equipment wear and maintenance, and fuel. When these costs are considered in conjunction with the labor for weekly litter removal for the downtown planters and adjacent US 1 medians, the financial benefit of this contract are clear. It is recommended that this agreement be for the current fiscal year, but that it provides the option for two (2) one -year extensions. These options would be recommended based on the competitiveness of the rates, and contractor performance. Funding for this disbursement will come from Account No. 1750 - 519 -3450, 'Landscape Maintenance Division — Contractual Services ". This account was funded with $2$,500.00 for the fiscal year. The remaining $7,750. 00 for the contract cost will be funded from account no. 1750 -519 -4625, ", 'Landscape Maintenance Division — Landscape Improvements ". This account will have a resulting balance of $67,250.00. The financial and service delivery impacts of this contract are significant. Therefore, approval is recommended, Attachments 1 = "1.19 ?1 °98 11:34 3052613791, PUBLIC WORKS PAGE 04 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 20, 1998 FROM: Charles D. Scurr RE: Agenda Item # City Manager The attached resolution seeks approval to authorize the City to enter into an agreement for litter removal and landscape maintenance with Recio and Associates, Inc. (Recio) for the current year at a cost not to exceed $36,300.00. The City entered into a similar agreement with Recio (for US 1 highway medians) during the past fiscal year. The agreement was based on a competitively bid contract between the City of Coral Gables and the above vendor. Recio's performance and responsiveness were above satisfactory during the contract period, Approval of authorization to enter into an agreement with Recio and Associates for landscape maintenance and litter contro! services for the 98/99 Fiscal Year Based on the attached agreement, Recio would' provide the following landscape maintenance and litter removal services for the fiscal year (beginning early November): Location CIS I Highway median (80`� St. - 57ei Av.) Sunset Dr. Median (USI — 691' Av.) EMgu nev / cycles per ygar Twice per mo./24 SAME AS ABOVE Cost for FY 22 cycles Urn�t Cost* 1 I mo. ** $16.2511000 sq. ft. $20,200 per cycle SAME AS ABOVE $16,100 TOTAL ANNUAL COST: $36,300 * Based on City of Coral Gables contract no. PN/29005 in effect through 9/30/98. "Includes cost for two cycles in October for US I median only per FY `97 -'98 contract provisions. !continued... 11/3,9;1998 11:34 3952613791_ PUBLIC WORKS PAGE 03 Page 2 of Resolution NO. 287 -98 -10555 Section 2. The City Manager be, and is hereby authorized to disburse a sum not to exceed $36,300 during the fiscal year to Recio and Associates, Inc. Section 3. That this resolution shall be effective immediately after adoption thereof. PASSED AND ADOPTED this 20th day of October, 1998. APPROVED: MAYOR COMMISSION-VOTE: 4 -0 Mayor Robaina: Yea Vice Mayor Oliveros: Yea ATTEST: Commissioner. Bethel: Yea Commissioner Feliu: Yea Commissioner Russell: Out of room CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 11119!1998 11:34 3052613791_ PUBLIC WORKS PAGE 02 RESOLUTION NO. 287-98-10555 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RECIO AND ASSOCIATES, INC. FOR LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES ALONG THE US 1 MEDIAN, SUNSET DRIVE MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED $36,300.00 FOR THE CURRENT FISCAL YEAR AND CHARGING $28,500-00 OF THIS AMOUNT TO ,ACCOUNT NO, 1750- 519 -3450 "LANDSCAPE MAINTENANCE DIVISION — CONTRACTUAL SERVICES" AND $7,750.00 TO ACCOUNT NO. 1750- 519 -4625, "LANDSCAPE MAINTENANCE DIVISION - LANDSCAPE IMPROVEMENTS ". WHEREAS, for the past nine months the City of South Miami has successfully employed the contracted services of Recio and Associates, Inc, for maintenance of the US I highway median, anal; WHEREAS, as part of Public Works" cost reduction initiative, the current year's budget includes the ekpansion of contracted landscape maintenance to cover the Sunset Drive median and litter removal services for the downtown district, and; WHEREAS, Recio and Associates is currently on contract with the City of Coral Gables through that municipality's competitive bid process, and; WHEREAS, the total cost quoted by Recio and Associates is based upon the unit costs for landscape maintenance and litter control as provided in the City of Coral Gables' competitively bid contract. NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA- Section ion The Public Works Department has obtained the following quote for landscape maintenance and litter control services based on the Coral Gables contract number PN/36513, authorized through that municipality's Resolution No, 29005. The following services provided at a cost not to exceed $36,300 annually: US I and Sunset Drive (SW 7216 Street) medians: Landscape maintenance - 24 cycles /year (2Xper mo.) Downtown district — existing and new planters: Litter removal - downtown, and adjacent USl medians - 52 cycleslyear (J X per week) w a 0 1r O �1 O F U /1119/1999 11:34 i 4 ri 9 3052613791 PUBLIC WORKS PAGE 01 4. * �o14 AM �a 0 PURCHASE ORDER THE CITY OF SOUTH MLANH, FLORIDA FINANCE DEPARTMENT DIVISION OF PURCHASING 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 PHONE 305-663-6339 FAX 305-667-7806 PAGE: P.O. NO.: DATE: TO: RECD) LANDSCAPING SHIPTO: CITY 8053 14W 64 ST OF SOUTH MIAMI MIAMI, FL 33166 CENTRAL SERVICES 6130 SUNSET DR SOUTH MIAMI, FL 33143 .4ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PACE TO THE VEI:ij--'(-',R* ... VENDOR NO. Florida Tax Exemption No. 23-1924896-54C 1485 Federal ID Number 59-6000-431 DELIVER BY SHIP VIA 09130/99 . . . ... . .... TERMS CONFIRM BY FREIGHT CONTRACT NO. CONFIRM TO I ACCOUNT NO. I PROJECT REQUISITIONED BY REQ. NO. I REQ.DATE - — -1 -------- REQ. No i- - - - - -,.- - - - ° - - - - - - - - - - — - - - - - DATE ACCOUNT NO. PROJE' — - — -,- - - - - T - 0000002 FERNAND( 14 _- _ ---- 12/08/138 00117505193450 . AMOUW -------------- 0000002 RODRIGUEZ 14 12/08/98 28500.00- FERNAND ROD 00117505-!94f)?S TGUEZ "800 0c, CHECK APPROVED BY FINANCE DIRECTOR 2 _4 P.O. APPROVAL 11 Nc C�Ll FINANCE DEPT. 17- CITY MANAGER TO: PECIO LANDSCAPING 8053 NW 64 ST MIAMI, FL 33 i_66 PURCHASE ORDER THE CITY OF SOUTH MIAMI, FLORIDA FINANCE DEPARTMENT DIVISION OF PURCHASING 6130 SUNSET DRIVE SOUTH MIAAA FL 33143 PHONE 305-663-6339 FAX 305-667-7806 PAGE: P.O. NO.: C) 0, DATE: SHIPTO:CITY OF SOUTH MIAMI CENTRAL SERVICES 6130 SUNSET DR SOUTH MIAMI— FL 33143 VENDOR NO. Florida Tax Exemption No. 23-19-324-896-54C Federal ID Number 59-6000-431 1485 DELIVER BY SHIP VIA F.O.B. TERMS 09/30/9 CONFIRM BY CONFIRM TO REQUISITIONED BY CENTRAL SVC-KATHY VAZQUEZ FREIGHT CONTRACT NO. ACCOUNTNO. PROJECT REQ. NO. REQ. DATE �EE BELOW LINE NO. QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 363001.00 `ON LANDSCAPING / LOT CLEARIN MEDIAN 1.0000 61 3 0 C. 0 0 1AINT LANDSCAPE MAINT . FOR USI AND SUNSET DRIVE MED7ANS ?4 CYCLES @ YEAR (2XPER MO.)- POWNTOWN DISTRICT & US! MEDIANS .ITTER REMOVAL 52 CYCLES @YEAR klX PER WEEK) PER RESOLUTION #267-98-10555 10/20/98 CORAL GABLES CONTRACT #PN/1365:13 T(1'1' A L S i CHECK APPROVED BY FINANCE DIRECTOR CITY MANAGER P.O. APPROVAL FINANCE DEPT. PURCHA C k -�- `CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor & City Commission Date: March 3, 2000 From: Charles D. Scurr Agenda Item # City Manager Re: Comm. Mtg. 3 -7 -00 Comprehensive Plan Amendment 99 -I School Siting(DCA No.00 -RI) REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -1(DCA No. 00 -RI) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE FUTURE LAND USE ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: In 1998, the Florida Legislature amended State Statutes to require local governments to include certain information policies within their own Comprehensive Plan document. One of the changes requires localities to address the issue of location of public schools in their Future Land Use Element. The changes require Comprehensive Plans to include policies providing for schools to be located near urban residential areas and encouraging the collocation of schools with other public facilities such as parks, libraries, and community centers. These changes are intended to ensure sufficient compatible location of schools in urban areas and to reduce land acquisition and construction costs for new schools. The City of South Miami must respond to the new regulations by adopting an amendment to its Comprehensive Plan. Attached is proposed Amendment 99 -1, Public School Siting. The amendment package proposes a change to the text of the Future Land Use Element in order to provide specific data on current and future enrollment and capacity of schools serving the City of South Miami.. The amendment also includes a new objective and policies addressing the commitment of the City to work with the School Board on school siting and collocation issues. REVIEW AND APPROVALS Planning Board acting in its capacity as the Local Planning Agency recommended approval on October 26, 1999.The City Commission at its November 2,1999 meeting approved on first reading an ordinance which transmitted the proposed amendment to the Florida Department of Community Affairs for their review and comments, The amendment was reviewed by the South Florida Regional Planning Council and, based upon a staff memorandum dated January 3, 2000 the Council found the City's amendment to be in compliance with the regional policy plan for South Florida. The Florida Department of Community Affairs in its Objections, Recommendation and Comments(ORQ Report dated February 4, 2000 stated that there were no objections to the proposed amendment The final step in the Comprehensive Plan amendment process is a public hearing by the City Commission and adoption of the amendment by ordinance on second reading. RECOMMENDATION: Approval Attachments: Proposed Ordinance Amendment 99 -1 South Florida Regional Planning Council Memorandum, 1-3-00 Department of Community Affairs ORC Report 2 -4 -00 Page 2 1 2 3 4 5 ORDINANCE NO. 6 7 8 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 9 MIAMI, FLORIDA, APPROVING AMENDMENT' 99 -1 (DCA NO. 00 -R1)TO THE ADOPTED 10 COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE 11 FUTURE LAND USE ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO 12 FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS; PROVIDING FOR 13 RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER 14 SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; 15 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 16 PROVIDING AN EFFECTIVE DATE. 17 18 WHEREAS, in accordance with F.S. 163.3177(6)(a) the City of South Miami is required to 19 amend its Comprehensive Plan in order to include data analysis and policies pertaining to public 20 school sitings; and 21 22 WHEREAS, Comprehensive Plan Amendment 99 -1, Exhibit "A ", has been prepared, which 23 contains amendments to the text and goals, objectives, and policies of the Future Land Use 24 Element, which amendments respond to the changes in F.S. 163.3177(6)(a); and 25 26 WHEREAS, on October 26,1999, after Public Hearing regarding Comprehensive Plan 27 Amendment 99 -1, the Planning Board, acting in its capacity as the Local Planning Agency, voted 28 6 -0 to transmit to the City Commission for their adoption, the Comprehensive Plan Amendment 29 99 -I, Exhibit "A "; and 30 31 WHEREAS, the City Commission desires to accept the recommendations of the Planning 32 Board acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment. 33 34 WHEREAS, on November 2,1999, after Public Hearing the City Commission adopted by 35 ordinance on first reading, Comprehensive Plan Amendment 99 -1, Exhibit "A "; and 36 37 WHEREAS, the South Florida Regional Planning Council at its January 3, 2000 meeting 38 found the City's amendment package (DCA NO. 00-RI), which includes Comprehensive Plan 39 Amendment 99 -1, Exhibit "A ", to be consistent with the Strategic Regional Policy Plan for South 40 Florida and further recommended its transmittal to the Florida Department of Community Affairs; 41 and 42 43 WHEREAS, the Florida Department of Community Affairs in a communication dated 44 February 4, 2000 issued an Objections, Recommendation, and Comments Report(ORC) stating 45 that there were no objections to the City's amendment package (DCA NO. 00 -R1) which includes 46 Comprehensive Plan Amendment 99 -1, Exhibit "A 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 49 OF THE CITY OF SOUTH MIAMI, FLORIDA: 50 51 52 ,1 2 3 4 Section 1. Amendment 99 -1, Exhibit "A" to the South Miami Comprehensive Plan (DCA 5 NO. 00 -R1) contains revisions to text and goals, objectives, and policies of the Future Land Use 6 ` Element, all of which respond to the changes in F.S. 163.3177(6)(a), and is hereby approved and 7 adopted as an amendment to the City's Comprehensive Plan. 8 9 Section 2. Any sections or parts of sections of this ordinance may be renumbered and /or 10 combined with other sections or parts of sections of the South Miami Comprehensive Plan and any I 1 amendments thereto, as is necessary to ensure the continuity and consistency within and between 12 the various elements of the South Miami Comprehensive Plan. 13 14 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held 15 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not effect the 16 validity of the remaining portions of this ordinance. 17 18' 19 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this 20 ordinance are hereby repealed. 21 22 Section 5. This ordinance shall take effect in accordance with the provisions set forth in 23 § 163.3189 (2) (a), Florida Statutes. 24 25` 26 PASSED AND ADOPTED this day of , 2000 27 28 29 ATTEST: APPROVED: 30 31 32 CITY CLERK MAYOR 33 34 Commission Vote: 35 Mayor Robaina: 36 Vice Mayor Feliu: 37 Commissioner Bethel: 38 Commissioner Russell 39 Commissioner Wiscombe 40 41 READ AND APPROVED AS TO FORM:: 42 43 44 45' 46 47 CITY ATTORNEY 48 49 50 Page 2 51 52 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH AMENDMENT 99 -1 DCA NO.00 -R1 TO THE ADOPTED MIAMI, FLORIDA, APPROVING AME ( ) COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE FUTURE LAND USE ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with F.S. 163.3177(6)(a) the City of South Miami is required to amend its Comprehensive Plan in order to include data analysis and policies pertaining to public school sitings; and WHEREAS, Comprehensive Plan Amendment 99 -1, Exhibit "A ", has been prepared, which contains amendments to the text and goals, objectives, and policies of the Future Land Use Element, which amendments respond to the changes in F.S. 163.3177(6)(a); and WHEREAS, on October 26,1999, after Public Hearing regarding Comprehensive Plan Amendment 99 -1, the Planning Board, acting in its capacity as the Local Planning Agency, voted 6 -0 to transmit to the City Commission for their adoption, the Comprehensive Plan Amendment 99 -1, Exhibit "A"; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment. WHEREAS, on November 2,1999, after Public Hearing the City Commission adopted by ordinance on first reading, Comprehensive Plan Amendment 99 -1, Exhibit "A "; and WHEREAS, the South Florida Regional Planning Council at its January 3, 2000 meeting found the City's amendment package (DCA NO. 00 -R1), which includes Comprehensive Plan Amendment 99 -1, Exhibit "A", to be consistent with the Strategic Regional Policy Plan for South Florida and further recommended its transmittal to the Florida Department of Community Affairs; and WHEREAS, the Florida Department of Community Affairs in a communication dated February 4, 2000 issued an Objections, Recommendation, and Comments Report(ORC) stating that there were no objections to the City's amendment package (DCA NO. 00-RI) which includes Comprehensive Plan Amendment 99 -1, Exhibit "A ". NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Amendment 99 -1, Exhibit "A" to the South Miami Comprehensive Plan (DCA NO. 00 -R1) contains revisions to text and goals, objectives, and policies of the Future Land Use Element, all of which respond to the changes in F.S. 163.3177(6)(a), and is hereby approved and adopted as an amendment to the City's Comprehensive Plan. Section 2. Any sections or parts of sections of this ordinance may be renumbered and /or combined with other sections or parts of sections of the South Miami Comprehensive Plan and any amendments thereto, as is necessary to ensure the continuity and consistency within and between the various elements of the South Miami Comprehensive Plan. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not effect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect in accordance with the provisions set forth in 163.3189 (2) (a), Florida Statutes. PASSED AND ADOPTED this ATTEST: CITY CLERK day of , 2000 1�4 WOWGIN Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 L INTRODUCTION COMPREHENSIVE PLAN AMENDMENT 99 -1 CONTENTS Background Specific Wording of Statutory Provisions Impact on City of South Miami Required Legislative Actions II. EXHIBIT "A" SPECIFIC AMENDMENTS A. Future Land Use Element B. Text • Table 1 -6 • Figure 1.11 C. Future Land Use Element: Goals, Objectives, and Policies • Objective 1.6 • Policy 1.6.1 • Policy 1.6.2 Page 1 2 3 4 7 COMPREHENSIVE PLAN AMENDMENT 99 -1 PUBLIC SCHOOL SITING INTRODUCTION BACKGROUND In 1998, the Florida Legislature amended the State's Statutes to require local government to include certain information and policies within their own Comprehensive Plan document. One of the changes requires localities to address the issue of location of public schools in their Future Land Use Element. The changes require Comprehensive Plans to include policies providing for schools to be located near urban residential areas and encouraging the collocation of schools with other public facilities such as parks, libraries, and community centers. These changes are intended to insure sufficient compatible location of schools in urban areas and to reduce land acquisition and construction costs for new schools. SPECIFIC WORDING OF STATUTORY PROVISIONS Section 163.3177(6)(a), F.S. requires that the "future land use element must clearly identify the land use categories in which public schools are an allowable use. When delineating the land use categories in which public schools are an allowable use, a local government shall include in the category sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different type or size. Each local government shall include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use." In 1998, this Section was amended to additionally require that the "future land use element shall include criteria which encouraizes the location of schools proximate to urban residential areas to the extent possible and shall require that the local government seek to collocate public facilities, such as parks libraries and community centers with schools to the extent possible." The language of the Statute was further amended to provide that all local governments must comply (amend their Comprehensive Plans) to include the school siting data and policies by October 1, 1999. If the deadline is not met, the Statute provides that a local government will be prohibited from further amendments to its Comprehensive Plan. IMPACT ON CITY OF SOUTH MIAMI The City of South Miami's Comprehensive Plan needs to be amended to respond to the regulations adopted in 1998. The City's existing Comprehensive Plan refers briefly to area schools in the Recreation and Open Space Element, which includes a listing of the acreage and type of public recreation facilities available at each location. The City's Comprehensive Plan does provide for a Future Land Use Map category entitled "Educational Uses," which allows for public school uses. The land use category is shown covering the sites occupied by the City's four public schools. This category specifically responds to the requirement in the Statute mandating that the future land use map must allow for location of public schools. REQUIRED LEGISLATIVE ACTIONS The City of South Miami must respond to the new regulations by adopting an amendment to its Comprehensive Plan. Attached is proposed Amendment 99 -1, Public School Siting. The amendment package proposes a change to the text of the Future Land Use Element in order t p rovide specific data on current and future e enrollment and capacity of schools serving the City of South Miami. The amendment also includes new objectives and policies addressing the commitment of the City to work with the School Board on school siting and collocation issues. The Intergovernmental Coordination Element will also be amended to include a policy stating tha within one year an agreement between the City and the public school system will be entered into. The agreement would specify a joint working relationship on school siting and collocation of public facilities. Page 2 AMENDMENTS TO SOUTH MIAMI COMPREHENSIVE PLAN A. TEXT OF FUTURE LAND USE ELEMENT (All new language; section to begin after section on Historically Significant Structures.) PUBLIC SCHOOL SITING ANALYSIS Fundamental to the quality of life for residents of municipalities in Miami -Dade County is the issue of Public Schools. Local governments must interact with schools in their community and with the school system in order to assure quality education is provided and that adequate space and physical facilities are planned for. It also is important that local governments and public school systems fully cooperate to consider joint utilization and location of school facilities and other public facilities such as libraries, community centers, etc. PUBLIC SCHOOLS SERVING SOUTH MIAMI There are four public schools within the City of South Miami and two additional public schools immediately adjacent to the City, but outside the City's limits. All of the schools have attendance zones serving South Miami residents. The following is a list of the schools: WITHIN CITY LIMITS SITE SIZE Ludlum Elementary 5.3 acres 6639 S.W. 74th Street South Miami Elementary 9.22 acres 6800 S.W. 60th Street South Miami Community Middle 13.16 acres 6750 S.W. 60th Street * J.R.E. Lee Educational Center 3.34 acres 6521 S.W. 62nd Avenue OUTSIDE CITY LIMITS David Fairchild Elementary 6.80 acres 5757 S.W. 45th Street South Miami Senior High 17.42 acres 6856 S.W. 53rd Street NOTE: *J.R.E. Lee Educational Center, although located in South Miami, is a special education school and does not directly serve the citizens of South Miami Page 4 PUBLIC SCHOOL UTILIZATION /CAPACITY Following this page, Table 1.6 illustrates the number of students, capacity, and current utilization percentage for each school listed above. The utilization percentage is an indication of over or under capacity of the original design capacity of the school. The table also projects the future number of students (to year 2002 -03) and the resulting capacity levels. The data presented is from the Miami -Dade County Public Schools' 1998 Facilities Work Program, which is the most current and accurate available. The data in Table 1.6 indicates that four of the five public schools servicing South Miami residents will be over design capacity within three years. Serious over - capacity is shown for South Miami Middle School (projected utilization in year 2003 is 166 %) and for South Miami Senior High (projected utilization in year 2003 is 134 %). PUBLIC SCHOOL SITING ANALYSIS As previously stated, South Miami's permanent population is projected to decrease slightly by the year 2005. (1995 - population 10,703; 2005- population 10,472.) These projections are based upon the limited availability of developable land within the City to accommodate growth. Based upon these projections, South Miami's student age population is expected to remain stable during the next ten years. The projection of increasing over - capacity as shown in table 1 -6 includes student enrollment from areas outside the City's boundaries. The 1998 Facilities Work Program indicates that consideration is being given to significant expansion and /or replacement for South Miami Community Middle School. This will require coordination between the City and the School Board in order to assure the placement of proper land use categories to permit expansion and to investigate the possibility of collocation of other public facilities. Page 5 Qp � b4 a o ooZc, oar, x .y o C', C U z N 'n t- r- �n pv o, cn — Q., rn N N o a� O U 00 Q o l 0 0 0 0 C � � H U � � 00 En o � � LZ w .0 N cn 0 O Qzz O aU C1l�NM en r— C� C> o� UU U H Chi ^ W W Q On a cn c cn � b4 a o x .y o C', a o, Q., rn o U U � � o � w .0 Cdr O dF O AMENDMENT TO SOUTH MIAMI COMPREHENSIVE PLAN 99 -1 B. FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Goal 1 To preserve and enhance the City's small town character, especially the quality of life in the existing single - family residential neighborhoods. Objective 1.6 Recognizing the jurisdiction of Miami Dade Public School system, the City will continue in its efforts to actively pursue the advancement of quality public school education programs and physical facilities for South Miami residents. Policy 1.6.1 The city shall participate with the Miami -Dade Public School System in review of criteria and standards necessary to assure adequate public school capacity, including new schools and expansion of existing schools. Policy 1.6.2 During re- developmenttprogram planning and site selection activities the City shall coordinate with the Miami -Dade Public Schools and continue to seek, where feasible and mutually acceptable, to collocate schools with other public facilities, such as parks libraries and community centers to the extent possible. NOTE: New wording underlined. Pagel South- Florida Regional Planning Council 'MEMORANDUM DATE: JANUARY 3, 2000 TO: COUNCIL MEMBERS FROM: STAFF AGENDA ITEM #9c SUBJECT: CITY OF SOUTH MIAMI PROPOSED COMPREHENSIVE PLAN AMENDMENT Introduction On December 1, 1999, Council staff received comprehensive plan amendment package #00 -R1 to the City of South Miami Comprehensive Plan for review of consistency with the Strategic Regional Policy Plan for South Florida (SRPP). Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part H, Florida Statutes (F.S.), and Rules 9J -5 and 9J -11, Florida Administrative Code. Communi , Profile The City of South Miami is located in the south- central portion of the Miami -Dade County urbanized area and encompasses a total area of approximately 1,552 acres or 2.4 square miles. The estimated population in 1998 was 10,518. The City is entirely surrounded by unincorporated Miami- Dade County except for a small border with Coral Gables on the east. It covers a rectangular shaped area that is approximately defined by Bird Road on the north, Davis Road on the South, Red Road' on the east, and Ludlam Road on the west. The City is noncontiguous between Miller Drive and Bird Road with portions of the City divided by sections of unincorporated Miami -Dade County. The City is bisected by U.S. Highway #1 (US 1) which is a six -lane divided highway and the primary arterial for the southern portion of Miami -Dade County. A portion of an elevated, rapid transit rail system and transit corridor is situated directly alongside US 1, and runs parallel to the highway through the City of South Miami. South Miami has an established small town character made up of ten distinct single- family neighborhoods. Multiple- family housing is scattered throughout the City at the periphery of single- family neighborhoods. South Miami residents have a variety of retail services close to home to serve them. The City is also served by a pedestrian- oriented specialty retail district that serves as a core. The commercial uses serve both residents of South Miami and a large number of non - residents. The future land use map designates neither industrial uses nor agricultural uses. There is about 29.42 acres of vacant land, which represents about 1.89% of the City's total land area. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985 - 4416, Area Codes 305, 407 and 561 (800) 985 -4416 SunCom 473 -4416, FAX (954) 985 -4417, SunCom FAX 473 -4417 e -mail sfadmin @sfrpc.com For more information about the City or the Region visit the Council's website at www.sfrl2c.com. Summary of Staff Analysis Proposed amendment package #00 -R1 contains three amendments. Amendment No.1 addresses public school siting; No. 2 is a proposed update to the Intergovernmental Coordination Element (ICE); and No. 3 updates the City's Housing-Element in accordance with Stipulated Agreement between the City and the Florida Department of Community Affairs. There are no Future Land Use Plan changes proposed in this amendment package. A map of the City is shown as Attachment 1. Proposed Amendment No.1 Section 163.3177(6)(a), F.S. requires that local governments include school location and collocation criteria in the `Future Land Use Element (FLUE) of their comprehensive plans. The criteria are designed to encourage the location of public schools near urban residential areas and to collocate them with parks, libraries and community centers to the extent possible. In addition, the statutes require the FLUE to identify the land use categories in which public schools are an allowable use. The proposed amendment No. 1 to the City of South Miami Comprehensive Plan FLUE would include school location and collocation criteria. This amendment consists of data and analysis, a new objective and two new policies that would be added to the City's Future Land Use Element. The data and analysis, in part, explains that South Miami's permanent population is projected to decrease slightly by the year 2005, based upon the limited availability of developable land within the City to accommodate growth. The City's student age population is expected to remain stable during the next ten years. However, since South Miami Middle School is currently operating over - capacity at 142% utilization in 1997 -98 and is projected to have a utilization of 166% in the year 2003 -03, the 1998 Facilities Work Program indicates that consideration is being given to significant expansion and /or replacement for South Miami Community Middle School. Two new policies would be added that specifically address. the statutory .requirements by including language that the City of South Miami will encourage the collocation of public schools with parks, libraries, and community centers to the extent possible. The City also commits to coordination with Miami -Dade Public Schools. The following land use categories are identified in the existing Comprehensive Plan as those in which public schools are explicitly listed as a permitted use: • Public and Institutional Uses • Educational Uses (as a sub - category of the Public Institutional Uses land use designation) • Parks and Open Space Contact with Miami -Dade County Public Schools confirms that the agency does not object to the school siting amendment as proposed. Staff analysis confirms that this proposed amendment would not create any significant adverse regional impacts and is compatible with the goals and policies of the SRPP. Proposed Amendment No. 2 Proposed amendment No. 2 would amend the City's Comprehensive Coordination Element (ICE) pursuant to Section 163.3177 (6)(h)(4) F. governments to amend their adopted comprehensive plans to addres s coordination requirements by December 31, 1999. 2 Plan Intergovernmental S. which requires local the intergovernmental Proposed amendment No. 2 would revise the current goal, objectives, and policies to commit the City to: • coordination with neighboring jurisdictions and special district service providers. In addition, it would include annual review by the City of the plans and reports of these agencies; • identification and implementation of joint planning areas and the resolution of issues generated in joint planning areas. Supporting policies would address annexation issues encompassing levels of services and costs to taxpayers and would commit the City to participation in the Miami -Dade Planners' Technical Committee; • identification and establishment of joint processes with other local agencies for collaborative planning on population projections, school siting, facilities subject to concurrency and level of services, facilities with countywide significance, and problematic land uses; and • implementation of a program to identify and resolve conflicts between the City's regulations and the land use of neighboring jurisdictions. Supporting policies would address notification of neighboring jurisdictions for any proposals that may impact property within 500 feet of a public school or adjacent jurisdiction. Contact with Miami -Dade County Public Schools confirms that that agency is working with the City to clarify some of the proposed language relating to the ICE update. Council staff will continue to coordinate with the City and the school board to help resolve any outstanding issues. Staff analysis confirms however that this amendment as proposed is compatible with the goals and policies of the SRPP and would not result in significant negative regional impacts. Proposed Amendment No. 3 The proposed amendment to the Housing Element to the City of South Miami Comprehensive Plan has been processed in response to the remedial action recommended in the 1998 Stipulated Agreement with the Department of Community Affairs (DCA) by incorporating additional text, a new data table, and revised objectives and policies concerning affordable housing. Background: • In February 1997, the City of South Miami proposed a series of amendments to the Comprehensive Plan that were required as a result of the 5 -year mandatory Evaluation and Appraisal Report (EAR). • Following the submission of the EAR amendments, the Florida DCA issued an Objection, Recommendations and Comments (ORC) Report stating that an affordable housing needs assessment was missing. DCA recommended that the City submit an amendment that includes affordable housing data and additional policies on affordable housing. • In August 1997, the City adopted a supplemental package of EAR amendments that included a new Housing objective (Objective 1.3) and several policies related to affordable housing. • In October 1997, the DCA issued a Statement of Finding of Non - Compliance on the August 1997 submission from the City. It was recommended that remedial action should include a measurable target for Housing Objective 1.3. 3 • A Stipulated Settlement Agreement between the City and the DCA was approved in April 1998. • In August of 1998, the City was required to confirm its stipulated settlement by amending the Comprehensive Plan document to state that certain studies will be done and policies will be revised. The City Commission adopted Ordinance No. 12 -98 -1660 on August 4, 1998 that amended the Comprehensive Plan and included an interim Policy 1.3.6 that committed the City to complete the Housing Data and Analysis, and associated policies and objectives, based upon the Affordable Housing Needs Assessment by the Shimberg Center for Affordable Housing. Proposed amendment No. 3 would revise the text of Objective 1.3 by adding measurable affordable housing targets. Specific targets include the construction of 30 affordable housing units through programs and initiatives such as the Community Redevelopment Agency and 100 additional units as part of the proposed Hometown Station project by the year 2005. It further projects the construction of an additional 150 units of affordable housing through various programs/ projects by the year 2010 to achieve a reduction of the future deficit of affordable housing by 25 percent. Proposed amendment No. 3 would delete four policies and add five new policies to support Objective 1.3. New policies would: • commit the City's Community Redevelopment Agency (CRA) to implement its New Housing Program in order to acquire vacant property and provide financial assistance to construct at least 24 new affordable housing units; • promote additional incentives by the City's CRA to private developers to construct projects with affordable housing units; • support the efforts of private organizations to construct at least five affordable housing units per year; • commit the City and the County to jointly support development in the Rapid Transit Zone to encourage mixed - use /residential multi- family projects containing affordable housing units; and • commit the City to working with the South Florida Regional Planning Council to help implement a regional policy to address affordable housing needs. Council staff review confirms that the amendment as proposed would not create any significant adverse regional impacts and is compatible with the goals and policies of the SRPP. In addition, the proposed amendment supports regional transportation goals and policies. Council staff acknowledges the efforts that the City has undertaken to increase affordable housing opportunities, including working closely with Habitat for Humanity which has targeted South Miami for construction of new homes for low and moderate - income families. Recommendation Find proposed amendment package #00 -R1 to the City of South Miami Comprehensive Plan generally consistent with the Strategic Regional Policy Plan for South Florida. Approve the staff report for transmittal to the Department of Community Affairs. 4 i BROWARD COU MIAMI -DAD OUNTY 27 MOM ri axe 112 s o_; i m Z �r� V .V 1 �• r 41 0i We ' y; SOUTH MIAMI t axe \ $74 CORAL 5 GABLES \ J� PINECREST r South Florida Regional Planning Council 0 5 10 15 Miles COMPREHENSIVE PLAN AMENDMENTS General Location Map City of South Miami Proposed Amendment Package #00 -R1 Sources: Miami -Dade County, SFWMD DEPARTMENT JEB BUSH Governor g STATE OF FLORIDA OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" February 4, 2000 The Honorable Julio Robaina Mayor, City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Robaina: STEVEN M. SEIBERT Secretary The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of South Miami (DCA No. 00 -R1), which was submitted on November 29, 1999. Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review and their comments are enclosed. As the Department does not have any objections, this letter serves as the Objections, Recommendation, and Comments (ORC) Report. The Department has one comment regarding the Intergovernmental Coordination Element. Policy 1.3.7, which addresses emergency management, should include the City's commitment to maintain an active role in the County's Local Mitigation Strategy. I would like to acknowledge the good work of Subrata Basu and Sandy Youkilis in preparing these elements. I believe the City's programs to address affordable housing are excellent. In addition, the City has written a thorough Intergovernmental Coordination Element. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J- 11.010, Florida Administrative Code (F.A.C.). The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J- 11.011,F.A.C. Upon receipt of this letter, the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3 184, F.S., and Rule 9J- 11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http: / /www.dca.state.fl.us FLORIDA KEYS Area of Critical State Concern Field Office 2796 Overseas Highway, Suite 212 Marathon, Florida 33050 -2227 The Honorable Julio Robaina February 4, 2000 Page Two A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of finding by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections,. Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment to the Executive Director of the South Florida Regional Planning Council. If you have any questions, please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe, Planning Manager; at (850) 487 -4545. Sincerely yours, 0 64it-V Charles Gauthier, AICP Chief, Bureau of Local Planning CG /pd Enclosure cc: Subrata Basu, City of South Miami C--g'a"ndy Youkilis , City of South Miami Carolyn Dekle, South Florida Regional Planning Council Bob Usherson, Miami -Dade County MIIM DAILY BUSINESS REVIEW h snarl C >: l•; ,,_: ,P[ = aturday, Sunday and n.t.,m: ,tih:r i?e.ie Co +,,ntv, Ronda. STATE OF FLORIDA COUNTY OP yliAktl -UHDE: Before the undersigned authority personally appeared Octeima V. Ferbevre; who cn oath says that she is the Supervisor, L3ga Notices of the Miami Daily Business Review f1k:3 Miami review, a daily (except Saturday, Sunday and Legal >'.oi,Cays, newspaper, published at Miami in Miami - OaCe County gib: r:da ;ha? the attached copy of advertise - rnent. hefrg a uc�Aa' :�v, :rnsernent of Notice in the matter of `! c I I✓ `vT y 2,M T yti - APPI 070__, ;t' ANfF.N[1=j q —! FT.,. '` `' Y Court, in the . . . was p4 b!is ' 3�i,cy j,& pa ;e.. in thP. :SSU?S of C L Arftan? furttler ;: ys ; . ,t tt;? saiC Miami Daily Business +e ri w a r -.v ipap,,t b; :sh .d at Miami in said Miami - Cad? Caun *. }, P!nr:da. a- d that the said newspaper has heretoforro been publisned in said Miami -Dade �;ounly, iorda, eirr! d y (exceo', Saturday, Sunday and Legal HWidnys) and as f)epn enipred as second class mail matter r? the post office in Miami in said Miami -Dade Ccurts.y. F'oola. for a pe,•,rr! of one year next preceding the first pul lhc?r.on ct tha attached copy of advertisement; and affiant further says that she has neither paid nor promised any pers n ^,� , ccr J an a discuunt, rebate, com- mission o e rose securin g this advertise- mert °or yt 2 G n= spaper. .... Lti of L MA 00 S,•::,rn me th{s , _ _ 200+ : B ^...Y .... 1.1VI�........ �.......... -. ... ., ................ ............. (SEA{-; j MARIA I. MESA COMMISSION # CC 898640 OCfPIrn 'J.:= er:;ey a Ce! M'; r SIN t ,,��, , °E_R( FRES: March 4,20-34 E:rded T�ru tIa'ary Put;ic Uad2rnntars v 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 Public Hearings during its regular City Commission meeting Tuesday, March 7, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130- Sunset Drive, to consider the fol- lowing described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -1 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO P90VIDE CERTAIN REVISIONS TO THE FUTURE ..AN'0 USE ELEMENT AS RE- QUIRED BY RECENTLY EtIACTED CHANGES TO FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHEN- SIVE PLAN; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading - November 2, 1999) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -2 (DCA NO. OOR1) TO THE ADOPTED COM- PREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVI- SIONS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANG- ES TO FLORIDA STATUTES; PROVIDING FOR RENUMBER- ING AND/OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVID- ING AN EFFECTIVE 'DATE. (First 'Reading - November 2, 1999) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. APPROVING AMENDMENT NO. 99 -3 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN 1N ORDER TO PROVIDE A REME- DIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A'STIPULATED SET- TLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PRO- VIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHEN- SIVE PLAN; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EF- FECTIVE DATE. (First Reading - November 16; 1999) Said ordinance can be inspected in the City Clerk's Office, Monday - Fri- day during regular office hours. Inquiries concerning this item should be directed to the City's Planning Department at: 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CIVIC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub - lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 2/25 00- 3- 022580/26436M CITY OF SOUTH MIAMI W7INTER - OFFICE MEMORANDUM To: Mayor& City Commission Date: March 3,2000 Charles D. Scurr A From: enda Item # g IAI City Manager Re: Comm. Mtg. 3-7-00 -00 g Comprehensive Plan Amendment 99-2 ICE (DCA No. 00 -111) REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -2 (DCA No. 00 -RI) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO FLORIDA STATUTES; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The attached Comprehensive Plan Amendment 99 -2 is presented in response to recent revisions to the Growth Management Act, requiring all local governments to expand the Intergovernmental Coordination Element of their Comprehensive Plan. The expansion requires local governments to add objectives and policies which clearly set forth how governments will coordinate with other agencies on specific planning issues. These include population projections, annexation, school sitings, problematic land uses, and dispute resolutions. The City of South Miami must respond to the new :regulations by adopting an amendment to its Comprehensive Plan. The attached amendment package includes an ordinance which adopts new objectives and policies into the Intergovernmental Coordination Element. REVIEW AND APPROVALS Planning Board acting in its capacity as the Local Planning Agency recommended approval on October 26, 1999.The City Commission at its November 2; 1999 meeting approved on first reading an ordinance which transmitted the proposed amendment to the Florida Department of Community Affairs for their review and comments. During the review process the Miami -Dade Public School System requested the City to make a clarification revision to ICE Policy 1.3.3.The technical revision was made and is shown in double underline on page 6 of the amendment package. The Florida Department of Community Affairs suggested that a policy be added pertaining to the City's participation in the County's Hazard Mitigation Plan. A new ICE Policy l .3.11 has been added to respond to this suggestion. The policy appears in double underline on page7 of the amendment package. The amendment was reviewed by the South Florida Regional Planning Council and, based upon a staff memorandum dated January 3, 2000, the Council found the City's amendment to be in compliance with the regional policy plan for South Florida.. The Florida Department of Community Affairs in its Objections, Recommendation and Comments (ORC) Report dated February 4, 2000, stated that there were no objections to the proposed amendment. The final step in the Comprehensive Plan amendment process is a public hearing by the City Commission and adoption b ordinance on second reading. P Y g RECOMMENDATION: Approval Attachments: Proposed Ordinance Amendment 99 -2 South Florida Regional Planning Council Memorandum 1 -3 -00 Department of Community Affairs ORC Report 2 -4 -00 2 1 2 3 4 ORDINANCE NO. 5 6 7 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 8 MIAMI, FLORIDA, APPROVING AMENDMENT 99 -2 (DCA NO.00 -R1)TO THE ADOPTED 9 COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE 10 . INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY RECENTLY 11 ENACTED CHANGES TO FLORIDA STATUTES: PROVIDING FOR RENUMBERING 12 AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR 13' PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING 14 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING 15 AN EFFECTIVE DATE. 16 17 WHEREAS, in accordance with F.S. 163.3177(6)(h) the City of South Miami is required to 18 amend its Comprehensive Plan in order to provide additional policies in the Intergovernmental 19 Coordination Elemen; and 20 21 WHEREAS, Comprehensive Plan Amendment 99 -2, Exhibit "A ", has been prepared, which 22 contains amendments to the goals, objectives, and policies of the Intergovernmental Coordination 23 Element all of which amendments respond to the changes in F.S. 163.3177(6)(h); and 24 25 WHEREAS, on October 26,1999, after Public Hearing regarding Comprehensive Plan 26 Amendment 99 -2, the Planning Board, acting in its capacity as the Local Planning Agency, voted 27 6 -0 to transmit to the City Commission for their adoption, the Comprehensive Plan Amendment 28 99 -2, Exhibit "A "; and 29 30 WHEREAS, the City Commission desires to accept the recommendations of the Planning 31 Board acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment. 32- 33 WHEREAS, on November 2,1999, after Public Hearing the City Commission adopted by 34 ordinance on first reading, Comprehensive Plan Amendment 99 -2, Exhibit "A'''; and 35 36 WHEREAS, the South Florida Regional Planning Council at its January 3, 2000 meeting 37 found the City's amendment package (DCA NO. 00 -R1), which includes Comprehensive Plan 38 Amendment 99 -2, Exhibit "A ", to be consistent with the Strategic Regional Policy Plan for South 39 Florida and further recommended its transmittal to the Florida Department of Community Affairs; 40 and 41 42 WHEREAS, in response to a technical comment made during the review period by the Miami- . 43 Dade Public School. System, a clarification revision was made to ICE Policy 1.3.3; and 44 45 WHEREAS, in response to a comment from the Florida Department of Community Affairs , a 46 new ICE Policy 1. 3.11 pertaining to the City's participation in the County's Hazard Mitigation 47` Plan was added; and 48 I WHEREAS, the Florida Department of Community Affairs in a communication dated 2 February 4, 2000 issued an Objections, Recommendation, and Comments Report (ORC) stating 3 that there were no objections to the City's amendment package (DCA NO. 00 -R1) which includes 4 Comprehensive Plan Amendment 99 -2, Exhibit "A ". 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 7 OF THE CITY OF SOUTH MIAMI, FLORIDA: 8 Commission Vote: 9 Section 1. Amendment 99 -2 Exhibit "A" to the South Miami Comprehensive Plan (DCA NO. 10 00 -R1) contains amendments to the goals, objectives, and policies of the Intergovernmental 11 Coordination Element, said amendments are in respnse to the changes in F.S. 163.3177(6)(h), is 12 hereby approved and adopted as an amendment to the City's Comprehensive Plan. 13 Commissioner Wiscombe 14 Section 2. Any sections or parts of sections of this ordinance may be renumbered and/or 15 combined with other sections or parts of sections of the South Miami Comprehensive Plan and any 16 amendments thereto, as is necessary to ensure the continuity and consistency within and between 17 the various elements of the South Miami Comprehensive Plan. 18 19 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held 20 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not effect the 21 validity of the remaining portions of this ordinance. 22 23 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this 24 ordinance are hereby repealed. 25 26 Section 5. This ordinance shall take effect in accordance with the provisions set forth. in 27 § 163.3189 (2) (a), Florida Statutes. 28 29 PASSED AND ADOPTED this day of , 2000 30 31 32 ATTEST: APPROVED: 33 34 35 CITY CLERK MAYOR 36 37 Commission Vote: 38 Mayor Robaina: 39 Vice Mayor Feliu: 40 Commissioner Bethel: 41 Commissioner Russell 42 Commissioner Wiscombe ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -2 (DCA NO.00 -R1)TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANGES TO FLORIDA STATUTES: PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with F.S. 163.3177(6)(h) the City of South Miami is required to amend its Comprehensive Plan in order to provide additional policies in the Intergovernmental Coordination Elemen; and WHEREAS, Comprehensive Plan Amendment 99 -2, Exhibit "A ", has been prepared, which contains amendments to the goals, objectives, and policies of the Intergovernmental Coordination Element all of which amendments respond to the changes in F.S. 163.3177(6)(h); and WHEREAS, on October 26,1999, after Public Hearing regarding Comprehensive Plan Amendment 99 -2, the Planning Board, acting in its capacity as the Local Planning Agency, voted 6 -0 to transmit to the City Commission for their adoption, the Comprehensive Plan Amendment 99 =2, Exhibit "A"; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment. WHEREAS, on November 2,1999, after Public Hearing the City Commission adopted by jordinance on first reading, Comprehensive Plan Amendment 99 -2, Exhibit "A "; and WHEREAS, the South Florida Regional Planning Council at its January 3, 2000 meeting found the City's amendment package (DCA NO. 00-RI), which includes Comprehensive Plan Amendment 99 -2, Exhibit "A", to be consistent with the Strategic Regional Policy Plan for South Florida and further recommended its transmittal to the Florida Department of Community Affairs; and WHEREAS, in response to a technical comment made during the review period by the Miami - Dade Public School System, a clarification revision was made to ICE Policy 1.3.3; and WHEREAS, in response to a comment from the Florida Department of Community Affairs, a new ICE Policy 1.3.11 pertaining to the City's participation in the County's Hazard Mitigation Plan was added; and WHEREAS, the Florida Department of Community Affairs in a communication dated February 4, 2000 issued an Objections, Recommendation, and Comments Report (ORC) stating that there were no objections to the City's amendment package (DCA NO. 00 -R1) which includes Comprehensive Plan Amendment 99 -2, Exhibit "A ". 'VOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Amendment 99 -2 Exhibit "A" to the South Miami Comprehensive Plan (DCA NO. 00 -R1) contains amendments to the goals, objectives, and policies of the Intergovernmental Coordination Element, said amendments are in respnse to the changes in F.S. 163.3177(6)(h), is hereby approved and adopted as an amendment to the City's Comprehensive Plan. Section 2. Any sections or parts of sections of this ordinance may be renumbered and /or combined with other sections or parts of sections of the South Miami Comprehensive Plan and any amendments thereto, as is necessary to ensure the continuity and consistency within and between the various elements of the South Miami Comprehensive Plan. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not effect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect in accordance with the provisions set forth in § 163.3189 (2) (a), Florida Statutes. PASSED AND ADOPTED this day of 2000 ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe READ AND APPROVED AS TO FORM: CITY ATTORNEY COMPREBENSIVE PLAN AMENDMENT 99 -2 CONTENTS INTRODUCTION • Background • Revisions to State Statutes • Impact on City of South Miami e Required Legislative Actions EXHIBIT "A" SPECIFIC AMENDMENTS • Intergovernmental Coordination Element: Goals, Objectives, and Policies Page 1 3 COMPREHENSIVE PLAN AMENDMENT 99 -2 INTERGOVERNMENTAL COORDINATION ELEMENT L INTRODUCTION BACKGROUND As part of a local government's comprehensive plan, an Intergovernmental Coordination Element, commonly referred to as "ICE," must be completed. This is the part of the plan which outlines how a local government will coordinate the anticipated impacts of development attributable to their comprehensive plan, both as currently adopted and as subsequently amended, with the plans of numerous other local governments and agencies. Specifically, each local government must demonstrate the particular effects of the local comprehensive plan upon development of adjacent municipalities, the county, adjacent counties, the region, the state, and other agencies not having regulatory authority over the use of the land. The City of South Miami's Comprehensive Plan has a separate chapter entitled, "Intergovernmental Element," which has been approved by the Florida Department of Community Affairs. The Chapter contains an analysis of how the City coordinates the impact of its Comprehensive Plan with other agencies of government. REVISIONS TO STATE STATUTES The contents of each local government's ICE is described in F.S. 163.3177(6)(h), which was part of the original 1985 Growth Management Act. In 1996 this section was amended to require local governments to expand its ICE (Chapter) to demonstrate how it will provide coordination forspecific planning issues. These are: • • • Campus Master Plans; Special Districts; Annexation and Service Areas; Population projections; School Siting; Facilities Subject to Concurrency; Facilities with Countywide Significance; Problematic Land Uses; and Voluntary Dispute Resolution Processes. Page 1 The 1996 legislation also provided that after amending their comprehensive plans to respond to the above issues, a local government shall have one year to enter into an agreement with other governmental agencies in order to formalize the coordination process. The legislation further requires that local governments must complete and transmit the plan amendments prior to the end of 1999. The Department of Community Affairs advised all local governments in Miami -Dade County that they must adopt their amendments by October 1999. IMPACT ON THE CITY OF SOUTH MIAMI The City of South Miami's Comprehensive Plan needs to be amended to respond to the revised regulations. The Intergovernmental Coordination Element in the City's Comprehensive Plan was last changed in 1997 as part of an amendment package resulting from the five year Evaluation and Appraisal Report (EAR). The amendment package at that time was reviewed by DCA and with some suggested revisions, the amendment package was approved and adopted. The City's ICE Chapter, together with the goals, objectives, and policies was found acceptable by DCA to meet the statutory requirements in effect at that time. The City's amendments to ICE Chapter, at this time, should be limited to meeting the new statutory requirements which must be included in the Comprehensive Plan by the end of 1999. REOUIRED LEGISLATIVE ACTION Attached is a proposed Amendment 99 -2, Intergovernmental Coordination Element (Exhibit "A ") which is the City's response to the new ICE Statutory requirements. The amendment revises the City's existing goals, objectives, and policies section in order to address the specific planning issues now contained in the Statute. It is important to note that the City's proposed amendments do not respond to the Campus Master Plan issue. This requirement is only applicable to those jurisdictions in which a State University is located. The revisions to the ICE Chapter must be adopted by ordinance and then submitted to the Florida Department of Community Affairs. Page 2 AMENDMENT TO SOUTH MIAMI COMPREHENSIVE PLAN 99 -2 INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES Goal l To maintain or establish processes to assure coordination and communication with other governmental entities where 1]ssary to i npleffient this Plan for the purpose of addressing and resolving issues of mutual interest that arise from the local government's Comprehensive Plan and plans of others. Objective 1.1 The City shall annually review the comprehensive plans of Da,4e untj;Ceml Gables and the equivalent plan v- S'4kwt -Board other iuriisdictions which impact the City offouth Miami, in order to identify and resolve conflicts with the City's Comprehensive Plan, including concurrency related issues. PeRey 1.14 The City Manager- shall eversee 4--.1plementation A4 the rec-offl-mendations outlined in the Prior- seetien oftl.io oloH,oH+ iH..1,,ding annexation A / i V1 TLLl .PVT GY, 1.1.2 County, Advisory Committee, to ac of sue as read widenings; and 2) annually Genfef with Scheel Bowd, > GA-Fid !_'.,l.la8 planning Off;,.i.,lr tQ % 11 D % j Pokey 1.1 2 If pfeblems arise, (pafticulafly on street widenings or- level of servioe) the C shall _use the inf^vrmal mediation s° ,foes of the Q® +I3 M1 ;A_ ID-gional Planning Gil. Policy 1.1.1 The City shall annually review the comprehensive plans of Miami -Dade County City of Coral Gables, the Vilage of Pinecrest and other abutting jurisdictions. Policy 1.1.2 The City will annually review the plans and reports of special district service providers including but not limited to: Miami -Dade Water and Sewer Authority; the South Florida Water Management District; and the South Florida Regional Planning Council. NOTE: New wording underlined; wording to be removed indicated by strike - through. Page 4 Policy 1.1.3 The City will coordinate with the above listed service providers that have no regulatory authority over the use of land to develop recommendations that improve coordination of the City's concurrence management methodologies, systems, and levels of services. Policy 1.1.4 The City will coordinate with staffs of the independent special district authorities in order to resolve conflicts and to identify_ appropriate amendments to the City's Comprehensive Plan. Objective 1.2 The City will identify and implement ,procedures to allow for joint planning areas and the resolution of issues generated in joint planning areas. Policy 1.2.1 The City shall confer with Miami -Dade County and other iurisdictions, as appropriate, to establish a coordinated approach to the consideration of future annexation efforts and to the delivery of municipal services to enclaves (unincorporated areas). Policy 1.2.2 The City will review the appropriateness of submitted annexation requests specifically to determine the levels of service to be provided, the cost of annexation to taxpa revenue estimates, expenditures, consistency and compatibility of devel pment patterns, and the contiguity of proposed boundaries. Policy 1.2.3. The City shall coordinate with officials from Miami -Dade County, the City of Coral Gables, and the Village of Pinecrest, the Florida Department of Transportation, the South Florida Water Management District, and the South Florida Regional Planning Council in order to establish a Planning process to identify, rreview, and address issues of mutual interest relating to abutting boundaries and to enter into agreements with these jurisdictions in regards to appearance, compatibility, service deliveEL and mutual aid. Policy 1.2.4 The City may use the South Florida Regional Planning Council's dismite resolution process when necessary to mediate the resolution of conflicts with other local governments and regional agencies as it pertains to land uses and the goals, objectives, and policies of the Comprehensive Plan. Policy 1.2.5 The City will participate as a member of the Miami -Dade Planners Technical Committee and will encourage implementation of co-operative policies and procedures as maybe developed by the Committee. Page 5 Objective 1.3 Policy 1.3.1 Policy 1.3.2 Policy 1.3.3 Policy 1.3.4 Policy 1.3.5 4bjeeti Peliey 1.2A objective-1-4 PORGY 1.34 The City will identify and establish joint processes with other local a e� ncies for collaborative planning on population proiections, school sitiLQ facilities subject to concurrences facilities with countEwide significance, and problematic land uses. The City will coordinate with the Miami -Dade County Planning Department in order to develop coon ide population projections that include expected growth and /or changes, said changes to be shown in the South Miami Comprehensive Plan. The City will advise the Miami -Dade Public School System of Population Projections used in its Comprehensive Plan as it relates to the future needs for school improvements and school expansions in South Miami. The Citv will annuallv review the Miami -Dade Public School's 5. 10. and 15 -vear facility plans for siting of new schools and the expansion of existing_ schools within the City's jurisdiction for consistency with the City's Comprehensive Plan. This review will be done at the staff level and thpowak—by attendance at public hearings conducted by the Miami -Dade Public School System for specific site 1p ans The City will notify the School Board of any proposed land use amendments to the Comprehensive Plan which could impact the Board's long range facility plans. By November, 2000 the City shall enter into an interlocal agreement or other formal agreement with the Miami -Dade Public School System, as required by Section 163.3177(6)(h)(2l. NOTE: New wording underlined; wording to be removed indicated by strike - through. Page 6 NO NOTE: New wording underlined; wording to be removed indicated by strike - through. Page 6 Policy 1.3.6 The City will coordinate with the appropriate agencies in order to assure adequate provision of countywide facilities. These agencies shall include, but not limited to, Miami -Dade Waste Collection — for waste disposal; Miami -Dade Transit Department and the Metropolitan Planning Organization for mass transit; and the Miami -Dade Public Works Department and the Florida Department of Transportation for maintenance of roads and bridges. Policy 1.3.7 The City will coordinate with the emergency management program of Miami -Dade County by noti ing the County of any current or future land use policies or population changes which would affect hurricane shelters or emergency evacuation routes. Policy 1.3.8 The City shall coordinate with the following agencies to assure that its concurrency data and level of services (LOS) for roadways, drainage, and potable water supply are appropriate: Florida Department of Transportation, Miami -Dade County Water and Sewer Department, South Florida Water Management District, and the South Florida Regional Planning Council. Policy 1.3.9 The City will review its locational standards on problematic (unwanted) land uses in order to determine if conflicts exist between its regulations and nei hg boring jurisdiction regulations, and to consider how to resolve any conflicts found. Policy 1.3.10 The City may participate with Miami -Dade County, the South Florida Regional Planning Council, or other appropriate committees, in order to promote a more efficient regional approach to the location of problematic or unwanted land uses. Policy 1.3.11 The City will participate with Miami -Dade County in the planning and implementation of the County's Hazard Mitigation Plan, as it impacts the City of South Miami. Objective 1.4 The Qty will implement a program to identify and resolve conflicts between its regulations and the land use of nei h� boring jurisdictions. Policy 1.4.1 The City will notify and solicit comments from adjacent jurisdictions and the School Board of any requests for land use amendment variance conditional uses or site plan approvals which impact property within 500 feet of a public school or within 500 feet of the boundaries of an adjacent jurisdiction. Policy 1.4.2 The City will notify neighboring jurisdictions and the School Board of any proposals to expand or create a Community Redevelopment Area CDBG target area or an historic district if it impacts property within 500 feet of a public school or adjacent jurisdiction. Policy 1.4.3 The City will notify and solicit comments from adjacent jurisdictions and the School Board of its existing standards or proposed regulations being considered for problematic or incompatible land uses. NOTE: New wording underlined. Page 7 South _. Florida Regional Planning Council MEMORANDUM DATE: JANUARY 3, 2000 TO: COUNCIL MEMBERS FROM: STAFF AGENDA ITEM #9c SUBJECT: CITY OF SOUTH MIAMI PROPOSED COMPREHENSIVE PLAN AMENDMENT Introduction On December 1, 1999, Council staff received comprehensive plan amendment package #00 -R1 to the City of South Miami Comprehensive Plan for review of consistency with the Strategic Regional Policy Plan for South Florida (SRPP). Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (F.S.), and Rules 9J -5 and 9J -11, Florida Administrative Code. Community Profile The City of South Miami is located in the south- central portion of the Miami -Dade County urbanized area and encompasses a total area of approximately 1,552 acres or 2.4 square miles. The estimated population in 1998 was 10,518. The City is entirely surrounded by unincorporated Miami- Dade County except for a small border with Coral Gables on the east. It covers a rectangular shaped area that is approximately defined by Bird Road on the north, Davis Road on the South, Red Road'on the east, and Ludlam Road on the west. The City is noncontiguous between Miller Drive and Bird Road with portions of the City divided by sections of unincorporated Miami -Dade County. The City is bisected by U.S. Highway #1 (US 1) which is a six -lane divided highway and the primary arterial for the southern portion of Miami -Dade County. A portion of an elevated, rapid transit rail system and transit corridor is situated directly alongside US 1, and runs parallel to the highway through the City of South Miami. South Miami has an established small town character made up of ten distinct single- family neighborhoods. Multiple- family housing is scattered throughout the City at the periphery of single- family neighborhoods. South Miami residents have a variety of retail services close to home to serve them. The City is also served by a pedestrian- oriented specialty retail district that serves as a core. The commercial uses serve both residents of South Miami and a large number of non - residents. The future Iand use map designates neither industrial uses nor agricultural uses. There is about 29.42 acres of vacant land, which represents about 1.89% of the City's total land area. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985 -4416, Area Codes 305, 407 and 561 (800) 985 -4416 SunCom 473 -4416, FAX (954) 985 - 4417, SunCom FAX 473 -4417 e -mail sfadmin @sfrpc.com For more information about the City or the Region visit the Council's website at www.sfrl2c.com. Summary of Staff Analysis Proposed amendment package #00 -R1 contains three amendments. Amendment No.1 addresses public school siting; No. 2 is a proposed update to the Intergovernmental Coordination Element (ICE); and No. 3 updates the City's Housing-Element in accordance with a Stipulated Agreement between the City and the Florida Department of Community Affairs. There are no Future Land Use Plan changes proposed in this amendment package. A map of the City is shown as Attachment 1. Proposed Amendment No.1 Section 163.3177(6)(a), F.S. requires that local governments include school location and collocation criteria in the Future Land Use Element (FLUE) of their comprehensive plans. The criteria are designed to encourage the location of public schools near urban residential areas and to collocate them with parks, libraries and community centers to the extent possible. In addition, the statutes require the FLUE to identify the land use categories in which public schools are an allowable use. The proposed amendment No. 1 to the City of South Miami Comprehensive Plan FLUE would include school location and collocation criteria. This amendment consists of data and analysis, a new objective and two new policies that would be added to the City's Future Land Use Element. The data and analysis, in part, explains that South Miami's permanent population is projected to decrease slightly by the year 2005, based upon the limited availability of developable land within the City to accommodate growth. The City's student age population is expected to remain stable during the next ten years. However, since South Miami Middle School is currently operating over- capacity at 142% utilization in 1997 -98 and is projected to have a utilization of 166 % in the year 2003 -03, the 1998 Facilities Work Program indicates that consideration is being given to significant expansion and /or replacement for South Miami Community Middle School. Two new policies would be added that specifically address. the statutory requirements by including language that the City of South Miami will encourage the collocation of public schools with parks,', libraries, and community centers to the extent possible. The City also commits to coordination with Miami -Dade Public Schools. The following land use categories are identified in the existing Comprehensive Plan as those in which public schools are explicitly listed as a permitted use: • Public and Institutional Uses • Educational Uses (as a sub - category of the Public Institutional Uses land use designation) • Parks and Open Space Contact with Miami -Dade County Public Schools confirms that the agency does not object to the school siting amendment as proposed. Staff analysis confirms that this proposed amendment would not create any significant adverse regional impacts and is compatible with the goals and policies of the SRPP. Proposed Amendment No. 2 Proposed amendment No. 2 would amend the City's Comprehensive Plan Intergovernmental Coordination Element (ICE) pursuant to Section 163.3177 (6)(h)(4) F.S. which requires local governments to amend their adopted comprehensive plans to address the intergovernmental coordination requirements by December 31, 1999. 2 Proposed amendment No. 2 would revise the current goal, objectives, and policies to commit the City to: • coordination with neighboring jurisdictions and special district service providers. In addition, it would include annual review by the City of the plans and reports of these agencies; • identification and implementation of joint planning areas and the resolution of issues generated in joint planning areas. Supporting policies would address annexation issues encompassing levels of services and costs to taxpayers and would commit the City to participation in the Miami -Dade Planners' Technical Committee; • identification and establishment of joint processes with other local agencies for collaborative planning on population projections, school siting, facilities subject to concurrency and level of services, facilities with countywide significance, and problematic land uses; and • implementation of a program to identify and resolve conflicts between the City's regulations and the land use of neighboring jurisdictions. Supporting policies would address notification of neighboring jurisdictions for any proposals that may impact property within 500 feet of a public school or adjacent jurisdiction. Contact with Miami -Dade County Public Schools confirms that that agency is working with the City to clarify some of the proposed Ianguage relating to the ICE update. Council staff will continue to coordinate with the City and the school board to help resolve any outstanding issues. Staff analysis confirms however that this amendment as proposed is compatible with the goals and policies of the SRPP and would not result in significant negative regional impacts. Proposed Amendment No. 3 The proposed amendment to the Housing Element to the City of South Miami Comprehensive Plan has been processed in response to the remedial action recommended in the 1998 Stipulated Agreement with the Department of Community Affairs (DCA) by incorporating additional text, a new data table, and revised objectives and policies concerning affordable housing. Background: • In February 1997, the City of South Miami proposed a series of amendments to the Comprehensive Plan that were required as a result of the 5 -year mandatory Evaluation and Appraisal Report (EAR). • Following the submission of the EAR amendments, the Florida DCA issued an Objection, Recommendations and Comments (ORC) Report stating that an affordable housing needs assessment was missing. DCA recommended that the City submit an amendment that includes affordable housing data and additional policies on affordable housing. • In August 1997, the City adopted a supplemental package of EAR amendments that included a new Housing objective (Objective 1.3) and several policies related to affordable housing. • In October 1997, the DCA issued a Statement of Finding of Non - Compliance on the August 1997 submission from the City. It was recommended that remedial action should include a measurable target for Housing Objective 1.3. 3 A Stipulated Settlement Agreement between the City and the DCA was approved in April 1998. In August of 1998, the City was required to confirm its stipulated settlement by amending the Comprehensive Plan document to state that certain studies will be done and policies will be revised. The City Commission adopted Ordinance No. 12 -98 -1660 on August 4, 1998 that amended the Comprehensive Plan and included an interim Policy 1.3.6 that committed the City to complete the Housing Data and Analysis, and associated policies and objectives, based upon the Affordable Housing Needs Assessment by the Shimberg Center for Affordable Housing. Proposed amendment No. 3 would revise the text of Objective 1.3 by adding measurable affordable housing targets. Specific targets include the construction of 30 affordable housing units through programs and initiatives such as the Community Redevelopment Agency and 100 additional units as part of the proposed Hometown Station project by the year 2005. It further projects the construction of an additional 150 units of affordable housing through various programs/ projects by the year 2010 to achieve a reduction of the future deficit of affordable housing by 25 percent. Proposed amendment No. 3 would delete four policies and add five new policies to support Objective 1.3. New policies would: • commit the City's Community Redevelopment Agency (CRA) to implement its New Housing Program in order to acquire vacant property and provide financial assistance to construct at least 24 new affordable housing units; • promote additional incentives by the City's CRA to private developers to construct projects with affordable housing units; • support the efforts of private organizations to construct at least five affordable housing units per year; • commit the City and the County to jointly support development in the Rapid Transit Zone to encourage mixed - use /residential multi- family projects containing affordable housing units; and • commit the City to working with the South Florida Regional Planning Council to help implement a regional policy to address affordable housing needs. Council staff review confirms that the amendment as proposed would not create any significant adverse regional impacts and is compatible with the goals and policies of the SRPP. In addition, the proposed amendment supports regional transportation goals and policies. Council staff acknowledges the efforts that the City has undertaken to increase affordable housing opportunities, including working closely with Habitat for Humanity which has targeted South Miami for construction of new homes for low and moderate - income families. Recommendation Find proposed amendment package #00 -R1 to the City of South Miami Comprehensive Plan generally consistent with the Strategic Regional Police Plan for South Florida. Approve the staff report for transmittal to the Department of Community Affairs. 4 South Florida Regional Planning Council BROWARD MIAMI -DADE 27 41 i NTY l ;! q e i 1� V ^�•� 0 5 10 15 Miles COMPREHENSIVE PLAN AMENDMENTS General Location Map City of South Miami Proposed Amendment Package #00 -R1 Sources: Miami -Dade County, SFWMD SOUTH H MIAMI ! �i r $74 GABLES 5 PINECREST j ;! q e i 1� V ^�•� 0 5 10 15 Miles COMPREHENSIVE PLAN AMENDMENTS General Location Map City of South Miami Proposed Amendment Package #00 -R1 Sources: Miami -Dade County, SFWMD ON*- STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida abetter place to call home" JEB BUSH STEVEN M. SEIBERT Governor Secretary February 4, 2000 The Honorable Julio Robaina CK14TED Mayor, City of South Miami W. FEB _ 200 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Robaina: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of South Miami (DCA No. 00 -R1), which was submitted on November 29, 1999. Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review and their comments are enclosed. As the Department does not have any objections, this letter serves as the Objections, Recommendation, and Comments (ORC) Report. The Department has one comment regarding the Intergovernmental Coordination Element. Policy 1.3.7, which addresses emergency management, should include the City's commitment to maintain an active role in the County's Local Mitigation Strategy. I would like to acknowledge the good work of Subrata Basu and Sandy Youkilis in preparing these elements. I believe the City's programs to address affordable housing are excellent. In addition, the City has written a thorough Intergovernmental Coordination Element. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J- 11.010, Florida Administrative Code (F.A.C.). The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J- 11.01 l,F.A.C. Upon receipt of this letter, the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3184, F.S., and Rule 9J- 11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781 /Suncom 291.0781 Internet address: http: / /www.dca.state.fl.us FLORIDA KEYS Area of Critical State Concern Field Office 2796 Overseas Highway, Suite 212 Marathon, Florida 33050.2227 The Honorable Julio Robaina February 4, 2000 Page Two A copy of the adoption ordinance; _ A listing of additional changes not previously reviewed; A listing of finding by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections,_ Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment to the Executive Director of the South Florida Regional Planning Council. If you have any questions, please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe, Planning Manager; at (850) 487 -4545. 'Sincerely yours, 0��W� 6111t-V Charles Gauthier, AICP Chief, Bureau of Local Planning CG /pd Enclosure cc: Subrata Basu, City of South Miami L-S'andy Youkilis , City of South Miami Carolyn Dekle, South Florida Regional Planning Council Bob Usherson, Miami -Dade County �1.. . . MIAMI DAILY BUSINESS REVIEW exCe;p aturday, St.nday and �G_a,.i ;.n iv. Florida. STATE OP: FLORIDA COUNTY OP ViAMl -DADE: Before the unders:gned ,authority personally appeared Octelma V. Ferbevre, who on oath says that she is the Supervisor, Lagai Notices of the Miami Daily Business Review f +k:3 Miami Review, a flatly (except Saturday, Sunday and Legal 1- ioi.0Pvs; newspaper, published at Miami in Miami - OaCe Cct:nty CIQ7 J-3 ;hat the attached copy of advertise- ment. heirq a u,.,aa, t` +v,_rti,ernent of Notice in the matter of 1 ,.-U r7- T N, ;,T T AMENDMENT qq-1, 7-7C. a X L k_ }_ j,, is this .... ............ Court, was oub!!S ,F m ;tt <I _...;,, in the iSSueS of A Fiona fur'h r says i ., OiA sac Miami Daily Business Review a .v;pap,,r published at Miami in said Miami - Dad-` Count;, F'nr!da. artrt that the said newspaper has heretofore been ;:;r, in;:o!ss!y published in said Miami -Dade County, : r da. ea•,n J-2y l, xcept Saturday, Sunday and Legai HWidnys) gnd ,as been eniered as second class mail aiattar ac the post ofr,ce in Miami in said Miami -Dade Cowily, for a ret,nd of one year next . preceding the fir.. ^•t p,i;✓i.c?,:cn of tha attached copy of advertisement; and affix It further says that she has neither paid nor promised any person t r , r cc � on a disc.,unt, ,rebate, com- mission o t t a roose securing this advertise - mar! `cr 51 _ ,2iC n= spaper. ... ... t.,..... v . -. :.:.....,A ............... S,• rn a -, at' subscribe efore me thjs /1 Grr '3X'� �.......... -. ... ......... .......... ...... (SEAT.; Y , MARIA I. MESA Octeirra v.'= eneyra per �3N:'�crbn �dY COMMISSION # CC 895640 t H!S:March4,21}l •.� �.,,.• E:rGed T1w f Nary Pu[;ic Uad2rvmtzrs. 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 Public Hearings during its regular City Commission meeting Tuesday, March 7, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130- Sunset Drive, to consider the fol- lowing described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA, APPROVING AMENDMENT 99 -1 (DCA NO. OG•R1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVISIONS TO THE FUTURE _AN13 !JSE CLEMENT AS RE- QUIRED BY RECENTLY Et1ACTED CHANGES TO FLORIDA STATUTES PERTAINING TO PUBLIC SCHOOL SITINGS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHEN- SIVE PLAN; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading - November 2, 1999) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -2 (DCA NO. 00R1) TO THE ADOPTED COM- PREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN REVI- SIONS TO THE INTERGOVERNMENTAL COORDINATION ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANG- ES TO FLORIDA STATUTES; PROVIDING FOR RENUMBER- ING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN: PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVID- ING AN EFFECTIVE DATE. (First. Reading - November 2, 1999) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT NO. 99 -3 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REME- DIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A STIPULATED SET- TLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PRO- VIDING FOR RENUMBERING ANDiOR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHEN- SIVE PLAN; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EF- FECTIVE DATE. (First Reading - November 16, 1999) Said ordinance can be inspected in the City Clerk's Office, Monday - Fri- day during regular office hours. Inquiries concerning this item should be directed to the City's Planning Department at: 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 its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 2/25 00- 3- 022580/26436M CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Commission Date: March 3, 2000 From: Charles D. Scurr Agenda Item # City Manager fool Re: Comm. Mtg 3 -7 -00 Comprehenskve Plan Amendment 99 -3 Dousing (DCA No. 00 -111) REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -3 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The ordinance amends the Housing Element of the City's Comprehensive Plan. The amendment is required as a result of a stipulated agreement between the City and the Department of Community Affairs. The agreement allowed the City's Comprehensive Plan to be in compliance with State law if certain remedial actions were made. One of those actions was to expand upon the City's objective of encouraging affordable housing by setting forth a specific number of affordable housing units to be constructed. The amended ordinance contains new text, housing data, and specific policies responding to the issue of affordable housing. REVIEW AND APPROVALS The Planning Board in its capacity as the Local Planning Agency recommended approval at its November 9 1999 meeting. The City Commission at its November 16 ,1999 meeting approved on first reading an ordinance which transmitted the proposed amendment to the Florida Department of Community Affairs for their review, and comments. The amendment was reviewed by the South Florida Regional Planning Council and , based upon a staff memorandum dated January 3, 2000, the Council found the City's amendment to be in compliance with the regional policy plan for South Florida.The Florida Department of Community Affairs in its Objections, Recommendation and Comments (ORC) Report, dated February 4, 2000, ststed that there were no objections to the proposed amendment. The City Commission should take note that both the South Florida Regional Planning Council and the Florida Department of Community Affairs made special comments in their reports to acknowledge the efforts of the City of South Miami to respond to the need for additional affordable housing units. The final step in the Comprehensive Plan amendment process is a public hearing by the City Commission and the adoption of the amendment by ordinance on second reading. RECOMMENDATION: Approval. Attachments: Proposed Ordinance Amendment 99 -3 South Florida Regional Planning Council Memorandum ,1 -3 -00 Department of Community Affairs ORC Report 2 -4 -00 1, ORDINANCE NO. 2 3' 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TIRE CITY OF SOUTH 5 MIAMI, FLORIDA, APPROVING AMENDMENT 99 -3 (DCA NO.00 -111) TO THE ADOPTED 6 COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT 7 TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A STIPULATED 8' SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT 9 O F COMMUNITY AFFAIRS; `PROVIDING FOR RENUMBERING A1N1D /OR COMBINATION 10 ` PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF 11 THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; 12 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, in October 1997 the City of South Miami was notified by the Florida 16 ' Department of Community Affairs that the City's Comprehensive Plan Amendment Package 17 (DCA No. 97 -IER) was not in compliance with State standards; and 18 19 WHEREAS, one of the issues involving noncompliance required the City to produce a. 20 remedial amendment to the Housing Element in order to update the data and objectives pertaining 21 to affordable housing within the City; and 22 23 WHEREAS, on April 21,1998, the City Commission adopted Resolution No. 109 -98- 10376, 24 approving a final Stipulated Settlement Agreement between the City and the Florida Department 25 of Community Affairs, which included recommended remedial actions for revising the Housing 26 Element of the City's Comprehensive Plan; and 27 28 WHEREAS, on August 4, 1998, the City Commission adopted Ordinance No. 12 -98 -1660 29> which included interim' policies stating that the City will do additional studies in order to update 30 and revise the Housing Element of the City's Comprehensive Plan; and 31 32 WHEREAS, Comprehensive Plan Amendment 99 -3, Exhibit "A "; has been prepared, which 33 contains amendments to the text and goals, objectives and policies of the Housing Element, all of 34 which amendments respond to the` Stipulated Settlement Agreement and Interim Policies adopted 35 as part of the Comprehensive Plan Amendment 98 -IER; and 36 37 WHEREAS, on November 9,1999, after Public Hearing regarding Comprehensive Plan 38 Amendment 99 -3, the Planning Board, acting in its capacity as the Local Planning Agency, voted 39 7 -0 to transmit to the City Commission for their adoption, the Comprehensive Plan Amendment 40 99 -3, Exhibit "A "; and 41 42 WHEREAS, the City Commission desires to accept the recommendations of the Planning 43 Board acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment. 44` 45 46 47 48 1 2 WHEREAS, on November 16, 1999, after Public Hearing , the City Commission adopted by 3 ordinance on first reading, Comprehensive Plan Amendment 99 -3, Exhibit "A "; and 4 5 6 WHEREAS, the South Florida Regional Planning Council at its January 3, 2000 meeting 7 found the City's amendment package (DCA NO.00 -R1) ,which includes Comprehensive Plan 8 Amendment 99 -3, Exhibit "A ", to be consistent with the Strategic Regional Policy Plan for South 9 Florida and further recommended its transmittal to the Florida Department of Community Affairs; 10 and 11 12 WHEREAS, the Florida Department of Community Affairs in a communication dated 13 February 4, 2000 issued an Objections, Recommendation, and Comments Report(ORC) stating 14 that there were no objections to the City's amendment package(DCA NO. 00-RI) which includes 15 Comprehensive Plan Amendment 99 -3, Exhibit "A 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION 18 OF THE CITY OF SOUTH MIAMI, FLORIDA: 19; 20 21 Section 1. Comprehensive Plan, Amendment 99 -3, Exhibit "A" to the South Miami 22 Comprehensive Plan which contains amendments to the Text and goals, objectives and policies of 23 the Housing Element, all of the amendments responding to the Stipulated Settlement Agreement 24 and Interim Policies adopted as part of the Comprehensive Plan Amendment 98 -IER, be and 25 hereby is approved and adopted. 26 27 28 Section 2. Any sections or parts of sections of this ordinance may be renumbered and /or 29 combined with other sections or parts of sections of the South Miami Comprehensive Plan and any 30 amendments thereto, as is necessary to ensure the continuity and consistency within and between 31 the various elements of the South Miami Comprehensive Plan. 32 33 34 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held 35 invalid or unconstitutional by a court of competent Jurisdiction, the holding shall not affect the 36 validity of the remaining portions of this ordinance. 37 38 39 Section 4.; All ordinances or parts of ordinances in conflict with the provisions of this 40` ordinance are hereby repealed. 41 42 43 44 45 46 Page 2 47 48 1 2 3 Section 5. This ordinance shall take effect in accordance with the provisions set forth in 4 § 163.3189(2)(a), Florida Statutes. 5 6 7 PASSED AND ADOPTED this day of , 2000 8 9 ATTEST: APPROVED: 10 11 12 13 CITY CLERK MAYOR 14 TS 16 17 18 Commission Vote 19 READ AND APPROVED AS TO FORM: Mayor Robaina: 20 Vice Mayor Feliu : 21 Commissioner Bethel: 22 Commissioner Russell: 23 _ Commissioner Wiscombe 24 ` ` CITY ATTORNEY 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Page 3 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AMENDMENT 99 -3 (DCA NO.00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REMEDIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS REQUIRED BY THE CONDITIONS OF A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY AND THE `FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR RENUMBERING AND /OR COMBINATION PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in October 1997 the City of South Miami was notified by the Florida Department of Community Affairs that the City's Comprehensive Plan Amendment Package (DCA No. 97 -IER) was not in compliance with State standards; and WHEREAS, one of the issues involving noncompliance required the City to produce a remedial amendment to the Housing Element in order to update; the data and objectives pertaining to affordable housing within the City; and WHEREAS, on April 21,1998, the City Commission adopted Resolution No. 109 -98- 10376, approving a'final Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs, which included recommended remedial actions for revising the Housing Element of the City's Comprehensive Plan; and WHEREAS, on August 4, 1998, the City Commission adopted Ordinance No. 12 -98 -1660 which included interim policies stating that the City will do additional studies in order to update and revise the Housing Element of the City's Comprehensive Plan; and WHEREAS, Comprehensive Plan Amendment 99 -3, Exhibit "A ", has been prepared, which contains amendments to the text and goals, objectives and policies of the Housing Element, all of which amendments respond to the Stipulated Settlement Agreement and Interim Policies adopted as part of the Comprehensive Plan Amendment 98 -IER; and WHEREAS, on November 9,1999, after Public Hearing regarding Comprehensive Plan Amendment 99 -3, the Planning` Board, acting in its capacity as the Local Planning Agency, voted 7 -0 to transmit to the City Commission for their adoption, the Comprehensive Plan Amendment 99 -3, Exhibit "A "; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board acting in its capacity as the Local Planning Agency, and enact the aforesaid amendment. WHEREAS, on November 16, 1999, after Public Hearing, the City Commission adopted by ordinance on first reading, Comprehensive Plan Amendment 99 -3, Exhibit "A "; and WHEREAS, the South Florida Regional Planning Council at its January 3, 2000 meeting found the City's amendment package (DCA NO. 00-RI) ,which includes Comprehensive Plan Amendment 99 -3, Exhibit "A ", to be consistent with the Strategic Regional Policy Plan for South Florida and further recommended its transmittal to the Florida Department of Community Affairs; and WHEREAS, the Florida Department of Community Affairs in a communication dated February 4,2000 issued an Objections, Recommendation, and Comments Report(ORC) stating that there were no objections to the City's amendment package(DCA NO. 00-RI) which includes Comprehensive Plan Amendment 99 -3, Exhibit "A ". NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Comprehensive Plan, Amendment 99 -3, Exhibit "A" to the South Miami Comprehensive Plan which contains amendments to the Text and goals, objectives and policies of the Housing Element, all of the amendments responding to the Stipulated Settlement Agreement and Interim Policies adopted as part of the Comprehensive Plan Amendment 98 -IER, be and hereby is approved and adopted. Section 2. Any sections or parts of sections of this ordinance may be renumbered and/or combined with other sections or parts of sections of the South Miami Comprehensive Plan and any amendments thereto, as is necessary to ensure the continuity and consistency within and between the various elements of the South Miami Comprehensive Plan. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Page 2 Section 5. This ordinance shall take effect in accordance with the provisions set forth in § 163.3189(2)(a), Florida Statutes. PASSED AND ADOPTED this day of , 2000 ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote RE,.AD AND APPROVED AS TO FORM: Mayor Robaina: Vice Mayor Feliu : Commissioner Bethel Commissioner Russell: _ Commissioner Wiscombe CITY ATTORNEY Page 3 COMPREHENSIVE PLAN AMENDMENT 99 -3 CONTENTS Page I. INTRODUCTION 1 • Background • Current Situation: City of South Miami • Required Legislative Actions IL EXHIBIT "A" SPECIFIC AMENDMENTS 3 A. Housing Element 4 Text • Table 3 -21 B. Housing Element: Goals, Objectives, and Policies 6 • Objective 1.3 • Policy through h .3.7 g Y COMPREHENSIVE PLAN AMENDMENT 99 -3 HOUSING ELEMENT L INTRODUCTION BACKGROUND In 1997 the City of South Miami adopted a series of amendments to the Comprehensive Plan which were required as a result of the 5 -year mandatory Evaluation and Appraisal Report (EAR). Following the submission of the EAR amendments the Florida DCA advised the City of South Miami that State regulations required all Housing Elements to address the issue of affordable housing.(') In response to this directive the City submitted a supplemental plan amendment which included an objective and policies describing how the City will respond to the affordable housing issue. The following objective was included: Objective 1.3 To create and maintain affordable housing for all current and anticipated future residents of the Cites especially, providing for households of very- low - income, low - income, and moderate- income. (97 -IER) This objective was followed by a series of policies describing hove the City will encourage the construction of affordable housing. In addition, the supplemental amendment also contained an affordable housing assessment which utilized a specific formula mandated by the Florida DCA.(2) ' The end product was a table indicating that the City will have a deficit in the number of affordable housing units needed to meet the needs in the City of South Miami during the period 1995 to 2010. The Florida DCA reviewed the City's supplemental amendment and advised that there were still inconsistent sections and therefore the Plan was not in compliance. In order to avoid further sanctions by the State, the City agreed to do additional studies and to make certain amendments. This compromise was outlined in a Stipulated Settlement Agreement between the City and the Florida DCA, approved in April 1995. One of the inconsistent sections which required additional submission was the Housing Element. Specifically, the State advised that the Objective (1.3) providing for affordable housing did not specify a measurable or target number by which the deficit would. be reduced. The following was recommended: < Affordable housing is defined as housing for which monthly rent or mortgage payments, including taxes, insurance, and utilities, does not exceed 30% of the gross annual income of very -low income, low - income, and moderate- income households. (2)Assessment provided by the Shimberg Center for Affordable Housing, University of Florida, under contract to DCA. Page l "A. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. - Revise Housing Objective 1.3 to include a measurable target such as, but not limited to, number of affordable housing units to be built yearly. " As stated above, one of the remedial actions necessary to allow the City's Comprehensive Plan to remain in compliance is to adjust the affordable housing objective and /or policies to specify measurable numbers of affordable housing units to be built. In August of 1998, the City was required to confirm its stipulated settlement by amending the Comprehensive Plan document to also state that certain studies will be done and policies revised. The City Commission, on August 4, 1998, adopted Ordinance No. 12 -98 -1660 which amended the Comprehensive Plan and included the following interim language in the Housing Element: "Policv1.3.6 Interim Policy: The City of South Miami shall complete the following tasks within three months of August 4, 1998 in order to be found in compliance by the Florida Department of Community Affairs. Housing Data and analysis, and associated policies and objectives, based upon the Affordable Housing Needs Assessment by the Shimberg Center for Affordable Housing, University of Florida. " CURRENT SITUATION: CITY OF SOUTH MIAMI It is important to note that since the 1997 submission of the original objective and policies related to affordable housing, the City has made significant progress in encouraging the construction of affordable housing. This includes the designation of a Community Redevelopment Agency which will provide a specific program to produce affordable housing units. In addition; a mixed -use project, now scheduled to be constructed as part of the South Miami Metro Rail Station redevelopment, will include a considerable number of affordable rental housing units. These programs, together with the efforts of the Habitat for Humanity project within the City, will allow the City to set forth specific and attainable targets leading to the reduction of the affordable housing deficit. REQUIRED LEGISLATIVE ACTIONS The Housing Element of the Comprehensive Plan must be amended in order to incorporate additional text, a new data table, and revised objectives and policies concerning affordable housing. This amendment will respond to the remedial action recommended in the 1998 Stipulated Agreement. The amendment must be adopted by ordinance after being reviewed at a public hearing by the Local Planning Agency (Planning Board) and the City Commission prior to being submitted to the Florida DCA. The amendment can be reviewed and acted upon without regard to the limitations on the frequency of adoption of amendments to the Comprehensive Plan (F.S. #163.3187(1)(d). Page 2 AMENDMENT TO SOUTH MIAMI COMPREHENSIVE PLAN 99 -3 A. TEXT OF HOUSING ELEMENT (All new language; wording to be removed indicated by strike-through.) Affordable Housing (1998) Analysis: Tl,n !~i4<. n South Adi.�,,,i will l,o nnr.11��n4ir.n .�n afford--'- 1< i n.. a<oo.lo strrorl :. .n Of& w wA�r$Sr. S the .natinn pr-evided couftesy of the S imbern C;e ter f r Al T� ..oi+.� o roni All< eene ing needs regaMing ver-y low, low, all d moderate inGem" i _ - W !( ant to Amendment metre DQ4 Ale. 97 19R, rd&p -on i+, ust 19,499-7L. The State of Florida has established a goal that by the year 2010 " - - -- decent and affordable housing is available for all residents. A major initiative of this goal was to undertake a Statewide evaluation of affordable housing availability. A study was completed in 1996 by the University of Florida's Shimberg Center for Affordable Housing, under contract to the Florida DCA. The objective was to provide a projection of the surplus and /or deficit of affordable housing units in every governmental jurisdiction. Affordable housing is defined as housing for which monthly rent or mortgage payments, including taxes, insurance, and utilities, does not exceed 30% of the gross annual income of very -low income, low- income, and moderate- income households. The analysis preformed by the Shimberg Center for the City of South Miami uses a progressive series of data factors, including housing inventory, population projections, household size, housing type, and household income levels in order, to determine the availability and /or deficits of affordable housing units. The affordable housing assessment data (1998) for the City is presented in Tables 3 -12 through 3 -20. The accumulative affordable housing deficit for South Miami by income category is shown below on Table 3 -19. The deficit summary for the City is shown on Table 3 -21. TABLE 3 -19 (1998) AFFORDABLE HOUSING DEFICIT BY INCOME CATEGORY FOR SOUTH MIAMI South Miami Cumulative (down) Surplus/Deficit of Affordable Occupied Units by Income Category /,...;6� ...!.. M..e,cel.^IAr n-4ivn n,,mher mmna dafinif of nffnreiahiP IlnitSl Page 4 1989 County Median Renter - occupied Units Household Income: $260909 2000 Income Categories 2010 30% of median $8,073 50% of median $13,455 80% of median $21,527 120% of median $32,291 200% of median $53,818 Page 4 Owner - occupied Units Renter - occupied Units 1995 2000 2005 2010 1995 2000 2005 2010 -153 -164 -165 -168 -292 -312 -317 -323 -254 -271 -278 -286 -310 -326 -332 -344 -410 -438 -459 -486 157 153 156 155 -352 - 386 - 400 -432 245 259 268 273 -103 -147 -161 -203 -1 17 35 51 Page 4 The cumulative deficit of affordable housing units in South Miami is shown by household income categories and for the years 1995, 2000, 2005, and 2010. The definition of affordable housing applies to the very low income category (50% of median family income), low income category (80 %) and moderate income category (120 %). The very very low income category (30 % of median income) is eligible for subsidized and /or public housing and is therefore not included in the affordable housing category. The City of South Miami has a deficit of affordable housing units as follows: TABLE 3 -21 CITY OF SOUTH MIAMI AFFORDABLE HOUSING DEFICIT SUMMARY YEAR OWNER OCCUPIED RENTAL TOTAL 2000 -1095 86 -1009 2005 -1137 92 -1045 2010 -1204 84 -1120 In responding to the affordable housing deficit, it is important to note that the City of South Miami has several conditions which limit the extent to which the deficit can be reduced. These include: • The City is essentially built -out with little opportunity to add a substantial number of new housing units, either at the market rate or at an affordable housing level. In fact, the actual number of existing housing units decreased during the period 1980 -1995. • The City has very limited vacant land left with development potential. A total of 29.42 acres (1.8 %) of the City's total land acreage is vacant. Of the total acreage currently vacant, only 13.8 acres are in areas zoned for residential development. Affordable Housing Opportunities: Although the City of South Miami cannot completely eliminate the affordable housing deficit, there are certain resources and housing programs which can reduce the current and anticipated deficits. Most significant is the creation of the South Miami Community Redevelopment Agency (SMCRA) and the designation of a 185 -acre redevelopment district. The Redevelopment Agency's work program for Phase I indicates considerable investment in the acquisition of vacant lots and loans and mortgage subsidies to encourage affordable housing construction. A total of 24 units of affordable housing will be built during the next two years. The SMCRA Board will be encouraged by the City to respond to future needs for additional affordable housing units. The City has also worked closely with Habitat for Humanity, which has targeted South Miami for construction of new homes for low and moderate - income families. It is anticipated that this program along with other private organizations will produce at least five units of affordable housing units in next five years. Page 5 The South Miami Metro Rail Station also presents the City with an excellent opportunity to provide affordable housing units. The County's Rapid Transit Zoning District and the City's abutting 'Transit Oriented Development District (TODD) both encourage multi- storied, mixed use development projects. Due to the transit needs of families needing affordable housing, projects providing affordable housing will be given priority. It is anticipated that one such project, the Hometown Station Project will include 100 affordable housing units. Completion date is expected in the year 2001. With the encouragement and support of both the County and the City it can be projected that one additional project of that scale can be completed by the year 2010. If the above projects and programs are realized and implemented, considerable progress will have been made within the City of South Miami to reduce the affordable housing deficit. B. GOALS, OBJECTIVES AND POLICIES HOUSING ELEMENT Objective 1.3 To create and maintain affordable housing f r all current and anticipated future residents of the City and ,. low ineeme-, and mederate . s eci acallEupnorting programs such as _CRA and other private organizations which will result in the construction of 3 units of (fordable housing and an additional 100 units anticipated to be part of the proposed Hometown Station project by the year 2005. It is projected that construction ofan additional 150 units ofaffordable housing can be achieved through various programs and projects by the year 2010 (reducing the tune deficit ofaffordable housing by 25 Policy 1.3.1 Utilize the Future Land Use Plan and zoning map, malting special use of mixed use districts, to provide for areas which promote very -low- income, low - income, and moderate - income households, while attempting to avoid the concentration of these households in specific areas of the City. Policy 1.3.2 Utilize existing Federal, State, County, and private programs which assist individuals with home ownership through such means as subsidies, loans, loan guarantees, counseling, or through other similar means, including such programs as the County Surtax mortgage program. Policy 1.3.3 Continue to work tewaFds-a�,ew��- mduction in t-he amm-h-er arsubstandnM residential structures from 42 to 4) with new very low, low, and mederate ineeme housing �We" bounded by Ha a D , S.W. 62nd Street, S.W. 58th Place, and 9-M4 Ond A-venue. Refley 1.3.4 The City and CountywiIijointI5, expiefe sist in meeting-the need for iafill development, through suph men s as t � financing. NOTE: New wording underlined; wording to be removed indicated by strike- through. Page 6 Policy 1.3.3 The City's Community Redevelopment Agency will implement its New Housing Program in order to acquire vacant property and provide financial assistance to construct at least 24 new affordable housing units. Policy 1.3.4 The City's Community Redevelopment Agency will provide additional incentives to private developers to construct projects with affordable housing units. Policy 1.3.5 The Ci ty will support and assist the efforts of private organizations to construct at least five affordable housing units per Year. Policy 1.3.6 The City and the County will jointly support development in the Rapid Transit Zone in order to encourage mixed - use /residential multi - family projects containing affordable housing_units. Policy 1.3.7 The City will work with the South Florida Regional Planning Council to help implement a regional policy to produce affordable housing units. nits. housing, Policy W.5 In order- to accur-ately assess the, Gity's nee-ped f-A--r- —Aff-o-r-d-a 16 -.0 City.will cendurat wd . on said issue, tx hix h in conjimetion — ; +b. the Judy ®�pr� by the e,;, be -g Center for Affordable Housing will allow the C��� G DeWsinthe City- Policy 1.3.6 laterim Policy: The City off o ^vc ; olall --.1 —c the following tasks wigiin th th of A igust n 1998 in nr for +n I— -r-und in compliance the Fie i a DepaFtmen+ of Go—m-4— Aff-ai— TI -- ;vin Al +a —A —1 n +I,o Alf rdAhlo T. om.,;;, b e.� Assessment by the, S imberg Center a A ffi.rr1a1v10 77n.�o;nrr U iyer�a;+'c f NOTE: New wording underlined; wording to be removed indicated by strilce- through. Page 7 South __ - ---- Florida Regional Planning Council MEMORANDUM DATE: JANUARY 3, 2000 TO: COUNCIL MEMBERS FROM: STAFF AGENDA ITEM 49c SUBJECT: CITY OF SOUTH MIAMI PROPOSED COMPREHENSIVE PLAN AMENDMENT Introduction On December 1, 1999, Council staff received comprehensive plan amendment package #00 -R1 to the City of South Miami Comprehensive Plan for review of consistency with the Strategic Regional Policy Plan for South Florida (SRPP). Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (F.S.), and Rules 9J -5 and 9J -11, Florida Administrative Code. Communi Profile The City of South Miami is located in the south- central portion of the Miami -Dade County urbanized area and encompasses a total area of approximately 1,552 acres or 2.4 square miles. The estimated population in 1998 was 10,518. The City is entirely surrounded by unincorporated Miami- Dade County except for a small border with Coral Gables on the east. It covers a rectangular shaped area that is approximately defined by Bird Road on the north, Davis Road on the South, Red Road''on the east, and Ludlam Road on the west. The City is noncontiguous between Miller Drive and Bird Road with portions of the City divided by sections of unincorporated Miami -Dade County. The City is bisected by U.S. Highway #1 (US 1) which is a six-lane divided highway and the primary arterial for the southern portion of Miami -Dade County. A portion of an elevated, rapid transit rail system and transit corridor is situated directly alongside US 1, and runs parallel to the highway through the City of South Miami. South Miami has an established small town character made up of ten distinct single - family neighborhoods. Multiple - family housing is scattered throughout the City at the periphery of single - family neighborhoods. South Miami residents have a variety of retail services close to home to serve them. The City is also served by a pedestrian- oriented specialty retail district that serves as a core. , The commercial uses serve both residents of South Miami and a large number of non - residents. The future land use map designates neither industrial uses nor agricultural uses. There is about 29.42 acres of vacant land, which represents about 1.89% of the City's total land area. 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985 -4416, Area Codes 305, 407 and 561 (800) 985 -4416 SunCom 473 -4416, FAX (954) 985 -4417, SunCom FAX 473 -4417 e -mail sfadmin @sfrpc.com . For more information about the City or the Region visit the Council's website at www.sfrl2c.com. Summary of Staff Analysis Proposed amendment package #00 -R1 contains three amendments. Amendment No.1 addresses public school siting; No. 2 is a proposed update to the Intergovernmental Coordination Element (ICE); and No. 3 updates the City's Housing -Element in accordance with a Stipulated Agreement between the City and the Florida Department of Community Affairs. There are no Future Land Use Plan changes proposed in this amendment package. A map of the City is shown as Attachment 1. Proposed Amendment No.1 Section 163.3177(6)(a), F.S. requires that local governments include school location and collocation criteria in the Future Land Use Element (FLUE) of their comprehensive plans. The criteria are designed to encourage the location of public schools near urban residential areas and to collocate them with parks, libraries and community centers to the extent possible. In addition, the statutes require the FLUE to identify the land use categories in which public schools are an allowable use. The proposed amendment No. 1 to the City of South Miami Comprehensive Plan FLUE would include school location and collocation criteria. This amendment consists of data and analysis, a new objective and two new policies that would be added to the City's Future Land Use Element. The data and analysis, in part, explains that South Miami's permanent population is projected to decrease slightly by the year 2005, based upon the limited availability of developable land within the City to accommodate growth. The City's student age population is expected to remain stable during the next ten years. However, since South Miami Middle School is currently operating over - capacity at 142% utilization in 1997 -98 and is projected to have a utilization of 166 % in the year 2003 -03, the 1998 Facilities Work Program indicates that consideration is being given to significant expansion and /or replacement for South Miami Community Middle School Two new policies would be added that specifically address. the statutory requirements by including language that the City of South Miami will encourage the collocation of public schools with parks, libraries, and community centers to the extent possible. The City also commits to coordination with Miami -Dade Public Schools. The following land use categories are identified in the existing Comprehensive Plan as those in which public schools are explicitly listed as a permitted use: • Public and Institutional Uses • Educational Uses (as a sub - category of the Public Institutional Uses land use designation) • Parks and Open Space Contact with Miami -Dade County Public Schools confirms that the agency does not object to the school siting amendment as proposed. Staff analysis confirms that this proposed amendment would not create any significant adverse regional impacts and is compatible with the goals and policies of the SRPP. Proposed Amendment No. 2 Proposed amendment No. 2 would amend the City's Comprehensive Plan Intergovernmental Coordination Element (ICE) pursuant to Section 163.3177 (6)(h)(4) F.S. which requires local governments to amend their adopted comprehensive plans to address the intergovernmental coordination requirements by December 31, 1999. 2 Proposed amendment No. 2 would revise the current goal, objectives, and policies to commit the City to: • coordination with neighboring jurisdictions and special district service providers. In addition, it would include annual review by the City of the plans and reports of these agencies; • identification and implementation of joint planning areas and the resolution of issues generated in joint planning areas. Supporting policies would address annexation issues encompassing levels of services and costs to taxpayers and would commit the City to participation in the Miami -Dade Planners' Technical Committee; • identification and establishment of joint processes with other local agencies for collaborative planning on population projections, school siting, facilities subject to concurrency and level of services, facilities with countywide significance, and problematic land uses; and • implementation of a program to identify and resolve conflicts between the City's regulations and the land use of neighboring jurisdictions. Supporting policies would address notification of neighboring jurisdictions for any proposals that may impact property within 500 feet of a public school or adjacent jurisdiction. Contact with Miami -Dade County Public Schools confirms that that agency is working with the City to clarify some of the proposed language relating to the ICE update. Council staff will continue to coordinate with the City and the school board to help resolve any outstanding issues. Staff analysis confirms however that this amendment as proposed is compatible with the goals and policies of the SRPP and would not result in significant negative regional impacts. Proposed Amendment No. 3 The proposed amendment to the Housing Element to the City of South Miami Comprehensive Plan has been processed in response to the remedial action recommended in the 1998 Stipulated Agreement with the Department of Community Affairs (DCA) by incorporating additional text, a new data table, and revised objectives and policies concerning affordable housing. Background: • In February 1997, the City of South Miami proposed a series of amendments to the Comprehensive Plan that were required as a result of the 5 -year mandatory Evaluation and Appraisal Report (EAR). • Following the submission of the EAR amendments, the Florida DCA issued an Objection, Recommendations and Comments (ORC) Report stating that an affordable housing needs assessment was missing. DCA recommended that the City submit an amendment that includes affordable housing data and additional policies on affordable housing. • In August 1997, the City adopted a supplemental package of EAR amendments that included a new Housing objective (Objective 1.3) and several policies related to affordable housing. • In October 1997, the DCA issued a Statement of Finding of Non - Compliance on the August 1997 submission from the City. It was recommended that remedial action should include a measurable target for Housing Objective 1.3. 3 I • A Stipulated Settlement Agreement between the City and the DCA was approved in April 1998. • In August of 1998, the City was required to confirm its stipulated settlement by amending the Comprehensive Plan document to state that certain studies will be done and policies will be revised. The City Commission adopted Ordinance No. 12 -98 -1660 on August 4, 1998 that amended the Comprehensive Plan and included an interim Policy 1.3.6 that committed the City to complete the Housing Data and Analysis, and associated policies and objectives, based upon the Affordable Housing Needs Assessment by the Shimberg Center for Affordable Housing. Proposed amendment No. 3 would revise the text of Objective 1.3 by adding measurable affordable housing targets. Specific targets include the construction of 30 affordable housing units through programs and initiatives such as the Community Redevelopment Agency and 100 additional units as part of the proposed Hometown Station project by the year 2005. It further projects the construction of an additional 150 units of affordable housing through various programs/ projects by the year 2010 to achieve a reduction of the future deficit of affordable housing by 25 percent. Proposed amendment No. 3 would delete four policies and add five new policies to support Objective 1.3. New policies would: • commit the City's Community Redevelopment Agency (CRA) to implement its New Housing Program in order to acquire vacant property and provide financial assistance to construct at least 24 new affordable housing units; • promote additional incentives by the City's CRA to private developers to construct projects with affordable housing units; • support the efforts of private organizations to construct at least five affordable housing units per year; • commit the City and the County to jointly support development in the Rapid Transit Zone to encourage mixed - use /residential multi- family projects containing affordable housing units; and • commit the City to working with the South Florida Regional Planning Council to help implement a regional policy to address affordable housing needs. Council staff review confirms that the amendment as proposed would not create any significant adverse regional impacts and is compatible with the goals and policies of the SRPP. In addition, the proposed amendment supports regional transportation goals and policies. Council staff acknowledges the efforts that the City has undertaken to increase affordable housing opportunities, including working closely with Habitat for Humanity which has targeted South Miami for construction of new homes for low and moderate - income families. Recommendation Find proposed amendment package #00 -R1 to the City of South Miami Comprehensive Plan generally consistent with the Strategic Regional Policy Plan for South Florida. Approve the staff report for transmittal to the Department of Community Affairs. South Florida Regional Planning Council c -+ BROWARD OU V I« 1 $26 112 E3E n, 0 5 10 15 Miles COMPREHENSIVE PLAN AMENDMENTS General Location Map City of South Miami Proposed Amendment Package #00 -R1 Sources: Miami -Dade County, SFWMD ME 1 SOUTH MIAMI F r $74 CORAL GABLES q PINECREST 1 r r` , 0 5 10 15 Miles COMPREHENSIVE PLAN AMENDMENTS General Location Map City of South Miami Proposed Amendment Package #00 -R1 Sources: Miami -Dade County, SFWMD ME 1 �A..++ti� STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" )EB BUSH STEVEN M. SEIBERT Governor Secretary MT February 4, 2000 The Honorable Julio Robaina 'TiD Mayor, City of South Miami FEB _ 7 2000 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor Robaina: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of South Miami (DCA No. 00 -R1), which was submitted on November 29, 1999. Copies of the proposed amendment have been distributed to the appropriate state, regional and local agencies for their review and their comments are enclosed. As the Department does not have any objections, this letter serves as the Objections, Recommendation, and Comments (ORC) Report. The Department has one comment regarding the Intergovernmental Coordination Element. Policy 1.3.7, which addresses emergency management, should include the City's commitment to maintain an active role in the County's Local Mitigation Strategy. I would like to acknowledge the good work of Subrata Basu and Sandy Youkilis in preparing these elements. I believe the City's programs to address affordable housing are excellent. In addition, the City has written a thorough Intergovernmental Coordination Element. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J- 11.010, Florida Administrative Code (F.A.C.). The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J- 11.01 l,F.A.C. Upon receipt of this letter, the City has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s. 163.3 184, F.S., and Rule 9J- 11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http: / /www.dca.state.fl.us FLORIDA KEYS Area of Critical State Concern Field Office 2796 Overseas Highway, Suite 212 Marathon, Florida 33050.2227 The Honorable Julio Robaina February 4, 2000 Page Two A copy of the adoption ordinance; ' A listing of additional changes not previously reviewed; A listing of finding by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections,. Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment to the Executive Director of the South Florida Regional Planning Council. If you have any questions, please contact Ken Metcalf, Community Program Administrator, or Paul DiGiuseppe, Planning Manager; at (850) 487 -4545. Sincerely yours, a', W\�, ��L-v Charles Gauthier, AICP Chief, Bureau of Local Planning CG /pd Enclosure cc: Subrata Basu, City of South Miami candy Youkilis , City of South Miami Carolyn Dekle, South Florida Regional Planning Council Bob Usherson, Miami -Dade County CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING �.......,.. —. ... .T........... ..... ......... MARIA I. MESA A1Y Cp,MMISSION # CC 883640 Octeia V. ' =er eyi a re, f5 ;' raw toEnie_ , X IHE& March 2104 m c« `' E.rded T ru flo'ary Putt:ic Underymters Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 2125 00- 3.022580/26436M NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting Tuesday, March 7, 2000 beginning at 7:30 p.m., in the City Commission Chambers, 6130-Sunset Drive, to consider the fol- lowing described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION MIAMI DAILY 8tJS2NESS REVIEW OF THE CITY OF SOUTH MIAM I FLORIDA, APPROVING =,t, ned L,i iv exce;o Saturday, Sunday and AMENDMENT 99 -1 (DCA NO. 00 -R1) TO THE ADOPTED COMPREHENSIVE PLAN IN ORDER TO PROVIDE CERTAIN "'` `.'',i °nw, Ricnda. REVISIONS TO THE FUTURE _AN'0 !-ISE ELEMENT AS RE- STATE OP FLORIDA QUIRED BY RECENTLY ENAC T EJ CHANGES TO FLORIDA COUNTY OF ViAfvll -DARE STATUTES PERTAINING TO PUBLIC SCHOOL STINGS; PROVIDING FOR RENUMBERING AND /OR COMBINATION Before the unders:gned authority personally appeared PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR Octelma V. Fcrbevre, who crt oath says that she is the PARTS OF SECTIONS OF THE SOUTH MIAMI COMPREHEN- Supery sor, Lein: -Nc ?tires Of the Miami Daily Business SIVE PLAN; PROVIDING FOR SEVERABILITY; ORDINANCES Review f1k;3 Miami Review, a daily (except Saturday, Sunday IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. and Legal 7-Io� ;4Jat's; cews,raper, published at Miami in Miami- (1 st Reading . November 2, 1999) Dace County :hat t ^e attached copy of advertise - rrent. heir a e ;a' a•lv ;r ;� ;arnenr of Notice in the matter of AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING �' ' iT �''� r AMENDMENT 99 -2 (DCA NO. 00R1) TO THE ADOPTED COM- ?iBT` h';�,./- ..y'T.`.1�� -- PREHENSIVEPLANINORDERTOPROVIDECERTAINREVI- R —1 NA, R SIONS TO THE INTERGOVERNMENTAL COORDINATION � ELEMENT AS REQUIRED BY RECENTLY ENACTED CHANG- r= �J,y :' �: _ i A N! _1 � • TO FLORIDA STATUTES, PROVIDING FOR RENUMBER- ING AND /OR COMBINATION PARTS OF THIS ORDINANCE };k „{;, WITH OTHER SECTIONS OR PARTS OR SECTIONS OF THE c the Court, SOUTH MIAMI COMPREHENSIVE PLAN: PROVIDING FOR was oub9s4�z r sit c. =,. rape in the Issues of SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVID- .. 5 !.J ING AN EFFECTIVE DATE. (First Reading November 2. 1999) AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING Arfia-t f,ir'her s >iys il.ar Ci.; saic Miami Daily Business AMENDMENT NO. 99 -3 (DCA NO. 00•R1) TO THE ADOPTED Re taw is. a =.v ;pal,° r b.;;hed a; M amI in said Miarni- COMPREHENSIVE PLAN IN ORDER TO PROVIDE A REME- Cad -r Coijnf ;, t=',:nda, a::r; that the said newspaper has DIAL PLAN AMENDMENT TO THE HOUSING ELEMENT AS hereiofor° been ;: ;ruin :o! :ay au; fished in said Miami -Dade REQUIRED BY THE CONDITIONS OF A STIPULATED SET - Gounty, icx'.da. a3 .c Jay ;except Saturday, Sunday and TLEMENT AGREEMENT BETWEEN THE CITY AND THE Legai Ho!idnys) acrd las been entered as second class mail FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PRO - aiatter _;t t ^e post o',fice in Miami in said Miami -Dade VIDING FOR RENUMBERING AND /OR COMBINATION Ccuwri . !oriCa. fora pe•iorf ct one year next preceding the PARTS OF THIS ORDINANCE WITH OTHER SECTIONS OR first puvErc?r.cn of the a"lached copy of advertisement; and PARTS OR SECTIONS OF THE SOUTH MIAMI COMPREHEN- affian; further s yS that sne has neither paid nor promised SIVE PLAN; PROVIDING FOR SEVERABILITY, PROVIDING any person, fir , ccr - on a discount, rebate, com- FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EF- mission o; r ..nom n- e arpose securing this advertise- :; FECTIVE DATE. (First Reading - November 16, 1999) man; °cr ht c.. .;e said n° soa a r. Said ordinance can be inspected in the City Clerk's Office, Monday - Fri- day during hours. ............... regular office Inquiries concerning this item should be directed to the City's Planning S,•:arn '::.a subscribe efore me ous L 0 t 'i i Ci Department at: 663 -6326. , . , .. , •/ �, • , , , , • . ALL interested parties are invited to attend and will be heard. �.......,.. —. ... .T........... ..... ......... MARIA I. MESA A1Y Cp,MMISSION # CC 883640 Octeia V. ' =er eyi a re, f5 ;' raw toEnie_ , X IHE& March 2104 m c« `' E.rded T ru flo'ary Putt:ic Underymters Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the pub- lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 2125 00- 3.022580/26436M CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: March 3, 2000 Agenda Item # / From: Charles D. Scurr foo Comm. Mtg. 03 -07 -00 City Manager Re: Tentative Plat Request for 6523 Miller Drive REQUEST: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A TENTATIVE PLAT, PURSUANT TO SECTION 20- 4.2(B) OF THE LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE, AND SECTION 28 -4 OF THE COUNTY CODE. REGARDING THE PROPERTY LOCATED IN THE RT -6, "TOWNHOUSE RESIDENTIAL DISTRICT," LOCATED AT 6523 SW 56 STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES, PROVIDING FOR A LEGAL DESCRIPTION AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: On January 25, 2000, an Application for Tentative Plat was applied for by Cesar E. Molina to divide a tract of land described as: THE EAST 228 FEET OF THE WEST 624 FEET OF THE SOUTH 1/2 OF THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 24, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LESS THE SOUTH 50 FEET THEREOF, LYING AND BEING IN MIAMI -DADE COUNTY, FLORIDA. The purpose of the proposed tentative plat is to divide the 1.53 acre vacant site into nine lots, so that one townhouse unit can be built on each parcel. The site is within the "RT -6" Townhouse Residential District. The purpose of this district is to provide suitable sites for the development of well planned, environmentally compatible, low density townhouse projects on sites of at least 60,000 square feet, located in such a manner as to serve as an effective transition between single - family and more intensive multi - family residential or commercial areas. SPECIFIC PROJECT DATA: Maximum Density (units /acre) Minimum Site Size Net Area Frontage Allowable 6 60,000 sq. ft. 200 ft. Proposed 5.9 66,632 sq. ft. 228 ft. Minimum Lot Size Net Area 3,000 sq. ft. Varies from 4,475 sq. ft. to 6,470 sq. ft. Frontage 25 ft. Varies from 51.83 ft. to 67.17 ft. Proposed Lot Sizes • Section 20 -3.5 Lot 1: Frontage 67.17' x 96.33'= 6,470.48 sq. ft. Net Area Lot 2: Frontage 51.83' x 96.33'= 4,992.78 sq. ft. Net Area Lot 3: Frontage 62.17' x 96.33'= 5,988.83 sq. ft. Net Area Lot 4: Frontage 67.17' x 96.33'= 6,470.49 sq. ft. Net Area Lot 5: Frontage 51.83' x 96.33'= 4,992.78 sq. ft. Net Area Lot 6: Frontage 62.17' x 96.33'= 5,988.84 sq. ft. Net Area Lot 7: Frontage 62.17' x 86.34'= 5,367.76 sq. ft. Net Area Lot 8: Frontage 51.83' x 86.34'= 4,475.00 sq. ft. Net Area Lot 9: Frontage 62.17' x 86.34'= 5,367.76 sq. ft. Net Area ANALYSIS: The proposed tentative plat provides for nine new townhouses and a common open space of 5,760 sq.ft. located at 6523 S.W. 56 Street (Miller Drive). The proposed private road leading to the townhouses shall be walled in and a gated entrance with control access to the development. Dedicated utility easements are shown on the tentative plat, including a twelve -foot (12') water easement and a ten -foot (10') easement for FPL. The nine lots are on septic tank. The location is consistent with the RT -6 zoning on the north and west abutting properties. The east and south of Miller Drive are zoned RS -3 Single Family. The proposed tentative plat is creating tracts that are larger than required by the land development regulations for RT -6. The development is both consistent with the land development regulations and the Compressive Master Plan. APPLICABLE REGULATIONS: Land Development Code • Section 20 -3.5 Dimensional Requirements • Section 20- 4.2(b) Land Subdivision Regulations • Section 20 -4.1 Adequate public facilities Comprehensive Plan • Goals, Objectives, and Policies of the Future Land Use Element Miami -Dade County Code • Chapter 28 -4 Subdivision Regulations RECOMMENDATION: Approval Staff feels that the proposed project will not adversely affect the health or safety of persons residing in the vicinity of the tentative plat and will not be detrimental to the public welfare or property or improvements in the neighborhood. Any approval of this request is subject to County review and approval, and compliance with the City's Land Development Code, the Comprehensive Plan, and Section 20 -4.1, adequate public facilities of the Land Development Regulations. Attachments: Proposed Resolution Application Tentative Plat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A TENTATIVE PLAT, PURSUANT TO SECTION 20- 4.2(B), LAND SUBDIVISION REGULATIONS, IN THE LAND DEVELOPMENT CODE, AND SECTION 28 -4 OF THE COUNTY CODE. REGARDING THE PROPERTY LOCATED IN THE RT -6, "TOWNHOUSE RESIDENTIAL DISTRICT," LOCATED AT 6523 SW 56 STREET, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR BONDING PURSUANT TO SECTION 17 -9 OF THE CODE OF ORDINANCES, PROVIDING FOR A LEGAL DESCRIPTION, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the subject property is located at 6523 SW 56 Street, and is legally described as follows: The East 228 Feet of The of The SW 1/ of The SW 1/ Township 54 South, Range Feet Thereof, Lying and Florida; and West 624 Feet of The South of the SW 1/ of Section 24, 40 East, Less The South 50 Being In Miami -Dade County, WHEREAS, Cesar E. Molina, owner of the property, submitted an application requesting a tentative plat, pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations; and WHEREAS, Planning & Zoning staff have recommended approval of the application for said tentative plat, which is based upon (a) the merits of the application as it relates to requirements in the Land Development Code and (b) the application's consistency with the City's adopted Comprehensive Plan; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the application submitted by Cesar E. Molina requesting a tentative plat, pursuant to Section 20- 4.2(b) of the Land Subdivision Regulations, is granted; and Section 2. That the drawings submitted by the applicant, as part of the record for this City Commission meeting, and prepared by Narciso Jose Ramirez, dated January 11, 2000, project number T6367, shall be the guiding plan for development; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Section 3. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2000. APPROVED: MAYOR Commission Vote Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Wiscombe: I ` OC �C �suerecr IPROf6Rm Sov;r / MIAMI aSEN /OR Y /4V schwm RM -2 - I if j L23 as 3 :a Y swla ' DLU Woo — a • �■w �► Do /s �.z irtR 3 aw A s EP T Or LOTS It3 OT .4 .Yl? Q i 3 . ir' S L bw y,. qt j f / ♦ V f +44 j 1 riw ar f ; J • J w l I r a t ! 0 Sw f l • 3 �' SVa �c.r , a t r � 6 G D E f 'r• n t ss � f M V � 2 = • S9 ' i L • 6 `� i i tw � k ? i e ♦ u �. f ♦ t 4 s Is • It ]I•�■ ' L f rt J u �f /� t `, � L Iry ip,a PI . p t w 1 Cs0 ?1) `f to ,{ N f/ P' S Jt/rH MIAMI FIRD / �_ s �`i f ' r ► r M tl ! d f P i s i z L h u is R p• �' N a ;j � ! a , u ft i�Y�•\ ti � iI q L? a a v s • s /e fo c s f 1 u f. a J 4/ e s► tt»� 4 1 i 31 4 s 2 s sw. s] = 0 ci rwr i City of South Miami C. Planning & honing Department 6130 S,anse;. Dri ve, ',�otith Miami, Florida 33143 Telephone: (305)663 -6327 Telefacsimile: (305)666 -4591 Applizatiar. For Waiver of Plat Address of Subject Property: , Lot(s) Block Subdivision (o523-Mt��El2 Ot2rt -- PB = - N/A.--------------- ---- =------- - - = Meets — & Bounds: SEC'. °24 TWP. L`4 S. RSE. - - - Ao E , -- Applicant: C,a cE . 9A.K LLC , Phone: 7$6 412'9406, Representative: CES&R E. MOLW& , Organization: , SAMCA.CE LLC , Addr ess: 12371 SW .Phone: — - - -- 9?? 97 TER. 305 4121, Property Owner: S4McN.CE LLC , Signature: , x ------- iling Add ress: Ma- Tr-- - - -- hone. - - - - -- ------ - - - - -- 12371 SW °W TER. ,P Surveyor: NA.RCASO 10sE 12AtM a Ej . , Phone: 30S 596 01966. kS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: ✓'Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee Please answer the following: SUBMITTED MATERIALS PL CHECK ALL THAT APPLY: _/Application Form VWarranty Deed(s) _ Letter from Owner(s) _ Power of attorney _ Contract to purchase 4 er-e# Plat (22 copies) igned &- Sealed by a Registered Surveyor /Required Fee(s) Zoning District: RT6 Septic Tank or Sewer: SEPTIC TAKK Public or Well Water Supply: QUsuc W4T6Q SUPPLY Lot Frontage(s): 22S FT. Net Lot Area(s): 66,632 SQ. FT Setbacks for Existing Building(s): RIA. CLOT) Existing Building Coverage(s): NSA (tAT) Existing 1: mpervious Coverage(s): N/A (LOT) F.A.R (ForjCommercial'Only): Nip, Abutting Streets / Right -of- way's: SW 56 TN. ST. CRILLER De.) The D an ,e'o pleted application and represents that the information and all submitted materials are true and intA knowledge and belief. —V • title 01 /21 /00. Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed City Approval County Approval Concurrency Method of Payment 3 8341 SUNSET DRIVE 1YARCd S® JOSE RHlYlIRE PH, (305) 596 -0888 MIAMI, FLORIDA 33143 REGISTERED LAND SURVEYOR AND MAPPER No. 2779 TENTATIVE PLAT Noe, MILLER 13AKS INCLUDE FPL 6 WASA EASHENT eRmin RNE , BNr� IJ.G LawTml em MnuR neVE an OF.fStM n38, nanw ama. CMUNDARY SURVEY) 6"1 e1. TAP BW Gon lEE SCALE i'- 20 � 6 M V S 681 is 6 TN 68 81 2 6 6 SVL! 6 T E 6 A/! 6 RE SVU! 6 ffi88 % TBM mOP S 0GN RN[E 4FAtf, lF3S M >OM ml>f[E6. LYRG MR 8mG DI HNE C898Y, tUM00A _ 61NET011f PAI® ELflIMIDR A16 8NR8 d IAVA195G NFA � W VFAfT 1369 60Ef N1E 6' {FiTlh � 1815 ! iRIIIX A. Af CWM tm 0601 RF]i >@/6 6 9E6FAT8I1 !N G4IiM f W II[imS'6 M® ®dSf NY U81R8S TRMf 6 V81 )E 86IX(AB88 T W APPIWEB i8N8311EHY Alffi11TIDL FIFCII6A. P8Y9A LBFS RIIVM 118J. N6YE T8 E IELRAlEB M0 FAIDEl11 f➢ISNE 18 E VMAlEB TRACT 'A' FOREST COVE (106 -92) 6�. ?TN a IN N FL ON FL WEST LINE OF THE EAST 228.00- FEET OF THE WEST 624 FEET ON S1 /2 SW 1/4, SV 1/4, SW 1/4 SEC 24 -54 -40 N N m NOT SUBDIVIDED w Pi NORTH LINE OF THE S 1/2, SW 1/4, SW. 1/4 SEC. 24 -54 -40 a � i LOCATBIN SKETCH x 1a0C TRACT 'A' BLOCK 2 PH(85 -B5) EAST LINE OF THE EAST 228.00' OF THE WEST 624 FEET ON THE S 1/2 SW. 1 /4, SW 1/4, SW 1/4 SEC 24 -54 -40 1NG ro DEVELOPMENT INFORMATION, FPL m' UTILITY 9 TOWNHOUSES EASEMENT QNSDID yo DADE COUNTY c FLOOD CRITERIA 7.5' P rl 3 '. W W • ' UUWNN]]]1lLWL ¢JJl _ RD PDS 89.59'S5'E 8.00'. :5' WAL ■ / i f AS ALT AVE T/ f �- �7�� 7' -� f I��L/ - - -7` AFL 39G.n0 x; i m N89.59'55'E S, LINE SW 1/4 xe m - SEC 24 -54-40 BASED [IN THE FLOOD INSURANCE RATE MAP OF THE FEDERAL EMERGENCY AGENCY DATE OF FIELD WORK 01-11-2DOO CERTIFIED TO, REVISED ON 7/17/95 THE HEREIN DESCRIBED PROPERTY IS SITUATED WITHIN. REVISED ON ZONE M BASE FLOOD ELEVATION - COMUNITY NUMBE 120635 PANEL NUMBER 0170 SUFFIX J REVISED ON CITY ❑F SOUTH MIAMI TES THIS CERTIFIES THAT THUS SURVEY OF THE PMPERTY DESCRIBED HEREON VAS MADE UNDER MY SUPS MOM SAMCACE L,L,C, THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE..RECORDED INSTRUMENTS, IF ANY, AFFECTING THE PROPERTY. THIS SURVEY IS SUBJECT' TO DEDICA- Mm THAT THE SAME MEETS THE MINIMUM TECHNICAL STANDARDS SET FmiTH BY THE FLORIDA HOARD OF SIBIVEY= AND HWPPRS IN CHAPTER 61617- 6, FLORIDA ARNALD❑ VELEZ, P.A. TIDN3, LIMITATIONS, RESTRICTIONS, RESERVATIONS OR EASEMENTS OF RECORDS. LEGAL DES - UE CODE, PWSUAMR N SFLTIDN 472.087, LIABILITY OF THE PROVIDED R CLIENT. THE LIABINTS, IF THIS SURVEY IS LIMITED TO THE COST OF THE SURVEY, UNDERGROUND EN IF ANY, ARE NOT FIRM HAS NOT PEMINLCTRITI FLOftlDp STATUTES. ND/OR FDUND, ATTEMPTED TO LOCATE FOOTING AND/OR FOUNDATIONS AND /OR ASSUMED IMPROVEMENTS UNDERGROUND OF ANY NATURE, IF SHOWN, HEARINGS ARE REFERRED TO AN ASSUMED MERIDIAN. IF SHOWN, NARCISQ JOSE RAMIREZ ELEVATIDNS ARE REFERRED TO N.G.V.D. OF 1929. THE CLOSURE IN THE BOUNDARY SURVEY VpW[D�UTSf�NgA�R!)RIf pL REfsm ORDER NO. T6367 IS ABOVE SISDOOP =O. MAPPER. .A .' AANIR �fffi SA CR PIS. 6�6 1C�@ EI�RRp16. 8R T� LRIVE, 8'. '' 6' Wit. GCpL��.L�� REAR, CEN�BA r �. eRNE VAY, . LICENY@ 1DY8lESA 8/C -- HLGGtAWTYNER, afhIS. GMIN LIKt f'ENGG 6EVATI@A Li.E. .LWEBTMIIliFRMR£ -.. NGV.Il a p ��p6LeERC.P1 sPp~gp+BRTY�LD�IE� RRYREG�eEe Di11ENEeML . NGT Tp YGIL Pt2. P164Z®ML LNR AAlIE11R RAB.. MDiK. .NCE.GV6916AD YILfTY I.BYEAPUM 611YR . .RRBAE�ENCE Mill CAP P.LS 6165 8P a 6CIMEENW PBRCW SI't. eRRTGRY. 81..86 eVB.DING. C.Mb... CANAL wDRENIIW.E ENCRENCRMCN @. LK . LAS. B.M.. BENCN M� LA . L] 8 S. GYFA WING PAA . P®1T 6 8E�W18iG RI£R�A��Q6� D/ .OFF YET RANGE. TV. Vn .. BIDE VALA --T. AGA . BASIY ^•� ^- CCNL .FRET 536 . W.15 pI . MEASWm �IENS>@l. a®cPRL.PGMTPGMt� 4�IPVEYmt. C CNRVE �. POST. F.F = =LSI£e Fl. ®R ELEV. pL pL�T BGOM� PAA... 16NT p!£dpSCR.P.. RABAR POAR 7Gf . CALGILAT@ IB:NYGIN. . CG7®6TE F,FL TDRANT. M/Ls0[ M. ®MBRIMEHT LIVYE GL - PGWt GF CtIWRTYRE IRIMIMENT. RR . RAA RpRA ��. CATdI BAYItL D.E. I1£ E�YEMDR. .. FW10 � N PIPE. MC% M@1VX6]Ht. PLC. P®V yER CDPN81 LC06 . PRRFMY C®GAR R/V -T OF . �A ryyi14f9P. G �6£EMpIT U VAY TY URTLITY. CdRGTE BJNx SiRCI'iBPEt A�VCCNCREK BLGCIt ALLB.ME. DRIIBJAf£ Fn ND NALL. NAAA .tGI A PART CEMTRIIP L� @ANG EV. MAINTENANCE f�SEl61ENT. �i 6M LIIeR FEN6. ®m �V6W E. � . N XPOm =Eltattn85 ELEVATGBi X-'!f . �. MT. P� T'�NY d 1�mt9�T 1 PL.P. P�ERIUUIEIIi CO<iT�L WIDDit• P - �G VI.F VCGB FENCE. TW 167 � P. V V . vA MIAMI DAILY BUSINESS REVIEW Published Daily axcept Saturday, Sunday and Legal Holidays Miami, Ma`ai -Dade Countv Florida. STATE OF FLORIDA COUNTY OF MIAMI-BADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review ffk1a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami Dade County, Flondla: that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SiIT..JTH MIAMI PUBLIC HEARING- 3/7,/00 RESOLUTION REQUEST FOR A T''ENTATIVE PLAT PURSUANT TO SECTION 20- 4.2(B)m ETC. in the. ... .:... XXXXX. ......... Court, W44 i;stt in s<�'d(nb Mpaper in the issues of Affiant turther 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, F +nrlaa, far a period of one year next preceding the first aubl', =:at "son of the attached copy of advertisement; and afflant further says that s neither paid nor promised any person, firm or oratio any discaunt, rebate, com- rnisslen or r�lrund purpo of securing this advertise- ment for , o : + ttne sal ewspaper. 25 /1 STe' �s► ffl® re me this2_000 SEAL;- -- ,.a,:::'�r MARIA I. MESA Octeima V. Fervayre person rte. COMMISSION # CC 885640 %-' EXPIRES: March 4, 2004 od 0 Bonded Thni Notary Public Undervnters Mr 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, March 7, 2000, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consid- er: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A TENTATIVE PLAT PURSUANT TO SEC- TION 20.4.2(8), OF THE LAND SUBDIVISION REGULATIONS IN THE LAND DEVELOPMENT CODE, AND SECTION 28 -4 OF THE COUNTY CODE. REGARDING THE PROPERTY LOCAT- ED IN THE RT -6, "TOWNHOUSE RESIDENTIAL DISTRICT," LOCATED AT 6523 SW 56TH STREET, SOUTH MIAMI, FLORI- DA 33143; PROVIDING FOR BONDING PURSUANT TO SEC- TION 17 -9 OF THE CODE OF ORDINANCES, PROVIDING FOR A LEGAL DESCRIPTION, AND PROVIDING FOR AN EF- FECTIVE DATE. Inquiries concerning this item should be directed to the Planning Divi- sion at: 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 its meet- ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evi- dence upon which the appeal is to be based. 2/25 00- 3- 022579/26435M 8341 SUNSET DRIVE NVARCISO JOSE RAMI.REZ MIAMI, FLORIDA 33143 REGISTERED LAND SURVEYOR AND MAPPER No, 2779 o c 0 0 0 0 0 00 0000 0 0 0 0000 0 0 0000 0 ©0000 ro 0 00000 0 0 e000o 0 00000 0 TENTATIVE PLAT NNE -MILLER OAKS INCLUDE FPL 6 WASA EASMENT PRIINLRTY NAME . SNICMF LLC (BOUNDARY SURVEY) 1WATM r KILIAN MVF. CITY or scum MIAMI, FLumm S.cE 26 Top 5% P40M 40E SCALE 1'= 20' 1 M.Y TIEN; 0000 THE FACE 22H FTE'I LF THE WM 624 FEET ff 71E S]fIH.12 ff llE SVI/4 Q' TIE SVl/4 ff' THE SM /4 ff SECI'D!1 9t. TGYtI SUJ116 MW 40EW. LESS THE .SWIM 50 W0 THERIF. LYDiG Mm ERRG IN DAE CWOY, FLOMDA 0 0 SIRNEYM NSTES =ATF' AE BAEFD W IRiVR0929A 000000 NREA MF. PRD?EI[IY 1.529 HOES IOi ff I= Nw !F 6DIS 9 TO" A Ai SFWN FTR IDN�I SDI SPAIS 6 REGEATILN M EASEIM Fill DOIEIS ME) OMEIS AND UrnXrmm TRACT A WILL BE R1WfADED N U ADI APPIDVED IOmIM1ElM5 ASST'GT8R1. ' n �'TM•u POIIEIM LDES SIDYN VD.L HAVE TG DE REU ATE9 NO EAM370LT IM SAE M E VACATED WEST LINE OF THE EAST 228.00 FEET OF THE WEST 624 FEET ON THE S 1/2 SW 1/4, SW 1/4, SW 1/4 SEC 24 -54 -40 NOT SUBDIVIDED 0 000000 MST, DISTANCE. 0 0 0 0000 0 0 0 0 0 0 0 0 0000 0 00 0 0 0 000000 0000 U 0 0 0000 0 00 0 O O 0 . ® •�. 0 0 0 0 00 00 0 0 0 c H.N. v BENCH MARK. 00 0 0 1 000 0 0 006 0 v 0 ® 0 6'- 0 00 m 0 (� 0 GFN IN 000 0 CONCAM 0 ON FL 0000 0 0 0 m RADIUS POINT. R.R. s. RAIL ROAD. 0000 000000 vl 0 0 DODO 0 0 0 0 ® o 0000 0000 WEST LINE OF THE EAST 228.00 FEET OF THE WEST 624 FEET ON THE S 1/2 SW 1/4, SW 1/4, SW 1/4 SEC 24 -54 -40 NOT SUBDIVIDED 0 CH m CHORD DISTANCE, MST, DISTANCE. 00000 REVISED ON 0 e� oocre 8000 0 0 0 0 0 DO 00 0000 a o 3/4' 0 0000 00000mCAP � 00©00 0 0 0000 ® •�. 0 '© 0 ©G5' ST. m S STY. s SW.IC. H.N. v BENCH MARK. 0© WA p43 p� 0 00 0 0 o t T m TAM o o <> 0 0 o .I.. CM) s MEASURED DD4ENEMN. 000 0 0000 0 C.S m CONCRETE SLAB. F.FZE FINISHED FLOOR ELEV. F.H. s FIRE HYDRANT. m MINUTES. MOIL OR MR. ® MONUMENT LINE ©0 ``��,�� m RADIUS POINT. R.R. s. RAIL ROAD. oo a 0 vl I o 0 0 P.C.C. m POINT 13F COMPOUND PROP. CQL u PROPERTY CORNER R/V v RIGHT OF WAY. UTY. v I 0 00 00. N CURVE. P.T. POINT OF TANGENCY. 0 0 l� V m VE 0 0 0�0 / N.A.P� v NOT A PART OF. PVMT. a PAVEMENT. m SECONDS - N■ID� v c s� yy. -/,C v V ®D FEI�E. ®a CMX WALL. PG. s PACE. PVY. s PARK -VAY. P.C.P. - pQ1MANENT CONTROL POINT. SEC.. SECTION. 0000 0 0 e 0 0 00 0 0 0 0 0 0000 0 0 0 0 0 0000o0 0 0 0 TRACT 'A' FOREST COVE (106 -92) REVISED ON 7/17/95 THE HEREIN DESCRIBED PROPERTY IS SITUATED WITHIN. ZONE X BASE FLOOD ELEVATION COMUNITY NUMBE 120635 THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP. EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING THE PROPERTY, THIS SURVEY IS SUBJECT TO DEDICA- TIONS, LIMITATIONS, RESTRICTIONS, RESERVATIONS OR EASEMENTS OF RECORDS. LEGAL DES- CRIPTION PROVIDED BY CLIENT. THE LIABILITY OF THIS SURVEY IS LIMITED TO THE COST OF THE SURVEY, UNDERGROUND ENCROACHEMENTS, IF ANY, ARE NOT SHOWN.THIS FIRM HAS NOT ATTEMPTED TO LOCATE FOOTING AND /OR FOUNDATIONS AND /OR UNDERGROUND IMPROVEMENTS OF ANY NATURE. IF SHOWN, BEARINGS ARE REFERRED TO AN ASSUMED MERIDIAN. IF SHOWN, ELEVATIONS ARE REFERRED TO N.G.V.D. OF 1929. THE CLOSURE IN THE BOUNDARY SURVEY IS ABOVE 1110000 =0. W KITI S. LINE SW 1/ SEC 24 -54 -40 NORTH LINE OF THE S 1/2, SW 1/4, SW 1/4 SEC 24 -54 -40 PH. (305) 596 -0888 1T Sim EAST LINE OF THE EAST 228.00' OF THE WEST 624 FEET ON THE S 1/2 SW 1/4, SW 1/4, SW 1/4 SEC 24 -54 -40 REVISED ON CH m CHORD DISTANCE, MST, DISTANCE. IN. L EM E. m INGRESS L REVISED ON R RAImm CITY OF SOUTH MIAMI THIS CERTIFIES THAT THIS SURVEY OF THE PROPERTY DESCRIBED HEREON WAS MOE UNDER MY SUPERVLSI�1 DR. s DRIVE. S A M C A C E L L.C. AND THAT THE SAME MEETS THE MIND4M TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD IF ASPFL v ASPHALT. A R N A L D❑ V E L E Z, P. A. SURVEYORS AND MAPPERS IN CHAPTER 61G17- 6,FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472027, FLORIDA STATUTES. RAD. v RADIAL. RD. ROAD. S.P. s S 8/C BLOCK CORNER. BLDG. BUD.DDYG. NARCISO JOSE RAMIREZ NOT VALID VITIB]uT THE SIGNATURE LLENS AND THE ®RIA NAL ORDER N O. T 6 3 6 7 M DDro A FLORIDA LICENSED SURVEYOR AND A m ARC DISTANCE. CH m CHORD DISTANCE, MST, DISTANCE. IN. L EM E. m INGRESS L N.G.VJL m NATIONAL GEODETIC PL. m PLANTER OR PLACE. R RAImm S.LP. - A/C.s AIR CONDITIONER PAD. A.E. v ANCHOR EASEMENT. CH. S v CHORD HEARING. CL. CLEAR. DR. s DRIVE. EGRESS EASEMENT. VERTICAL DATUM. P/L v PROPERTY LDE. CRIsRECORDED DIMENSION. %m ASPFL v ASPHALT. C/L OR C - CENTER LM DR. W. DRIVE WAY. E v EAST. L.H. v LICENSED BUSINESS N.T.S. - NOT TO SCALE PLS • IM*121121NAL LAND SRVEVM LF.E mLOVEiT FI.ODit ELEVATDTNi N0. OR N NUMBER. RAD. v RADIAL. RD. ROAD. S.P. s S 8/C BLOCK CORNER. BLDG. BUD.DDYG. CL,F. CHAIIdIIit LDJI[ FENCE. C.N.E. s CANAL MAINTENANCE. ELEV. • ELEVATION. EWL'R. E14atOACFIED. PLSM • PRDF7ESSmiAL LAND LME -LAKE MAINTEM AMCE EASEMENII O.E.LOVERHEAD UTILITY LINES. i1RVEYW 6 MNK4R. L,N. m LANE. O.FL m OVER HANG. P.O.B. v POINT OF BEGINNDr- s RES. s RESD7ENCE. ROE. RAI�aE. ST. m S STY. s SW.IC. H.N. v BENCH MARK. EASEMENT. E.T.Po- ELECTRIC TRANSFORMER L.P. v LIGHT POLE. 0/S v OFF SET. P.D.C. POW OF COMMENCEMENT. RL.S.vRc=T€RED LAD T m TAM H.O.H. v BASIS OF BEARINGS, C CURVE. CONC. CONCRETE. C.P. m CONCRETE POST.. F.D.H. m FOUND DRD1 HOLE CM) s MEASURED DD4ENEMN. O.R.H. v OFF,r*P. per. BGOK,PR.C.POINT OF REVERSE CLOP. SURVEYOR. TWS - CC) o. CALCULATED DIMENSION. C.S m CONCRETE SLAB. F.FZE FINISHED FLOOR ELEV. F.H. s FIRE HYDRANT. m MINUTES. MOIL OR MR. ® MONUMENT LINE PD. m PLAT BOOK. P.R.M. m PERMANENT REFERENCER.P. P.C. POINT OF CURVATURE. MONUMENT. m RADIUS POINT. R.R. s. RAIL ROAD. U.E • U U.P. U C.B. s CATCH BASIN. D.E =DRAINAGE EASEMENT. F.LP. FOUND. IRON PIPE. JIM s MONUEENT. P.C.C. m POINT 13F COMPOUND PROP. CQL u PROPERTY CORNER R/V v RIGHT OF WAY. UTY. v I CBS. s CLlCRETE B_DpC STRUCTURE.' a D�r"RQ FJA s FOUND IRON ROM N v NORTH, CURVE. P.T. POINT OF TANGENCY. S v SOUTH. V m VE C.H.S.W. m CONCRETE HLOCKW VALLM.NLE. a DRAINAC£ L ® CENTRAL ANGLE. MAINTENANCE EASEMENT. F.N. s FOUND NAIL. FT. N.A.P� v NOT A PART OF. PVMT. a PAVEMENT. m SECONDS - V.F. ® 1 �D v PROPOSED ELEVATION. s FEET. X ■� sEKISTING ELEVATDDW �X X - CHAIN LDBC FENCE. yy. -/,C v V ®D FEI�E. ®a CMX WALL. PG. s PACE. PVY. s PARK -VAY. P.C.P. - pQ1MANENT CONTROL POINT. SEC.. SECTION. V.M. m 1 W.V. a CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3/00 AGENDA ITEM # ' FROM: Charles D. Scurr Comm. Mtg. 3 /7/00 City Manager 0 City Commission Meeting REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; ESTABLISHING POLICY WHEREBY ALL PRESENTATIONS SCHEDULED TO BE HEARD DURING A CITY COMMISSION MEETING SHALL BE PRESENTED AT 7 :00 P.M.; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Vice Mayor Horace G. Feliu establishes a policy that all presentations scheduled before the City Commission meeting shall be held at 7:00 p.m., prior to the start of the meeting. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY 5 COMMISSION `MEETINGS; ESTABLISHING POLICY WHEREBY 6 ALL PRESENTATIONS SCHEDULED TO BE HEARD DURING A 7 CITY COMMISSION MEETING SHALL BE PRESENTED AT 7:00 8 P.M.; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and City Commission of the City of South Miami 11 considers that in a continuing effort to establish and foster positive community relations 12 by and between the City of South Miami and its it citizens it is imperative that the City's 13 business commence promptly at 7:30 p.m. on Commission meeting night; and 14 15 WHEREAS, in the framework of this affirmative and positive action a policy is 16 hereby established that all presentations scheduled before the City commission meeting 17 shall be held at 7:00 p.m., prior to the start of the meeting; and 18 19 WHEREAS, it should be noted that it is the intent of this Body to cultivate pro - 20 active relationships with its constituents by not having presentations interfere with the 21 City's business at hand. 22 23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 25 26 Section 1. That a policy is hereby established to schedule all presentations to 27 be heard during a City Commission meeting at 7:00 p.m. prior to the start of the meeting. 28 29 Section 2. This resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED this day of 72000. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 Commission Vote: 38 READ AND APPROVED AS TO FORM: Mayor Robaina: 39 Vice Mayor Feliu: 40 Commissioner Wiscombe: 41 CITY ATTORNEY Commissioner Bethel: 42 Commissioner Russell: 43 Additions shown by underlining and deletions shown by ever-striking. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3/00 AGENDA ITEM #—a FROM: Charles D. Scurr Comm. Mtg. 3/7/00 City Manager City Clerk THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY CLERK; ESTABLISHING POLICY TO INCLUDE THE CITY CLERK IN COLA ADJUSTMENTS FOR NON -UNION GENERAL EMPLOYEES; PROVIDING FOR THE CITY CLERK TO RECEIVE THE SAME COMPENSATION AS PRESCRIBED IN RESOLUTION NO. 46 -00 10939; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina, Vice Mayor Feliu and Commissioner Bethel establishes a policy whereby the City Clerk is included in COLA adjustments for non-union general employees. The resolution also provides for the City Clerk to receive the same compensation as prescribed by Resolution No. 46 -00- 10939. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY CLERK; ESTABLISHING POLICY TO INCLUDE THE CITY CLERK IN COLA ADJUSTMENTS FOR NON -UNION GENERAL EMPLOYEES; PROVIDING FOR THE CITY CLERK TO RECEIVE THE SAME COMPENSATION AS PRESCRIBED IN RESOLUTION NO. 46- 00- 10939; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami hereby establishes policy whereby the City Clerk is included in COLA adjustments for non- union general employees; and WHEREAS, the Mayor and City Commission desire to have the City Clerk receive the same compensation as prescribed in Resolution No. 46 -00- 10939. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. A policy is hereby established to include the City Clerk in COLA adjustments for non -union general employees. Section 2. The City Clerk is to receive the same compensation as provided in Resolution No. 46 -00- 10939. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 52000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by eief:strg. RESULTS OF SURVEY CITY CLERKS — COLA 1. City of Aventura - receive bonus plus percentage increase at budget time 2. Key Biscayne - Receive COLA 3. Coral Gables - receive percentage increase at budget time 4. Homestead - Receive COLA 5. Opa -locak - Receive COLA 6. Pinecrest - receive percentage increase at budget time 7. North Bay Village - Receive COLA 8. Miami Shored - Receive COLA 9. North Miami - Receive COLA 10. North Miami Beach - Receive COLA 11. Bay Harbor Island - Receive COLA 12. Sunny Isle Beach - Receive COLA 'j VILLAGE OF KEY BISCAYNE OFFICE OF THE VULAGE CLERK PERSONiNEL ACTION FORM EMPLOYEE NAME: CONCHITA H. ALVAREZ Effective Date: OCTOBER 1, 1999 Sociai Security Number: 265-84-5125 Birth Date: 12/08/45 Department, OFFICE OF THE VILLAGE CLERK Employee # 9703 PRESENT STATUS Job Title VILI.AGE CLERK Position # Rate of PqylAnnual $ 51,500.00 W-4 Status', Single -2L Married Married, but withhold at Higher rate P, Total number of dependents claimed: 3 CHANGE From; To,, job Title Rate of Pay -Pay Step; COLA $50,000.00 $51,500-00 --F I W-4; FLMPOSE OF ACTION OtAew Hire Qmfaii Inaftw oprokangu Completed Me-hked oResipation asuipftsion with pay upru"x0fim ORcUrmot clsuspmion w/o pay CIDefflotion QLAyoff uod= MSpewtd Axsipmr-at Ln'em-am %COLA LrrnMfVr OSLep Adjusinwnt oNCENTIVL PAY Signature of'Empluyee APPROVALS Offke offtVi)(a* Clerk vhaol6c-form Village of Key Biscayne To: Mayor =and City Commission From: Charles D. Scurr City Manager REQUEST Date: March 3, 2000 Agenda Item # Comm Mtg. 3 -7 -00 Re: Authorization to negotiate a contract with M C Harry & Associates for the Multipurpose Center Phase II A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH NUMBER ONE RANKED FIRM OF M. C. HARRY & ASSOCIATES, FAILING THAT WITH THE SECOND RANKED FIRM OF MATED CORRENO RIZO & PARTNERS, INC., FAILING THAT TO THE THIRD RANKED FIRM OF BERMELLO, AJAMIL & PARTNERS FOR THE DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER. BACKGROUND: Florida Statute, Chapter 287.055 (attachment 1), requires and establishes a process for the selection of architectural and engineering services. A new competitive selection process is required when construction costs are estimated to exceed $500,000 and design fees are estimated to exceed $25,000. Phase II of the Murray Park Multi - Purpose Center has an estimated construction cost of $3,000,000 and, therefore, a new competitive selection process was required. The City of South Miami solicited proposals (attachment 2) from qualified team of consultants to provide professional Architectural/ Engineering and Construction Administration services for phase two of the City of South Miami Multipurpose Center in Murray Park. Seventeen firms responded. Copies of the proposals are available in the Planning Department. A selection process was set up based on the requirements of the State Statues governing acquisition of professional architectural and engineering services. The first step in the process is to appoint a Certification/Selection Committee (attachment 3). The Committee determines whether or not a consultant is qualified to provide the services requested and whether or not the proposal is complete. Once a firm is deemed to have met all the requirements, then the firm is ready for further consideration by the Selection Committee. The Selection Committee evaluates and ranks the Consultants on how well they can provide the requested services and recommends at least three firms, in the order of preference to the City Manager. The City Manager then, if he agrees with the recommendation, forwards the recommendation to the City Commission or based on the information given to him makes his own recommendation to the City Commission for final selection. Selection Committee met twice and narrowed the list of seventeen firms to nine for further consideration. The Certification/ Selection Committee Evaluation Form used for this step is attached (attachment 4). Each of the remaining nine firms were invited to make presentation to the Selection Committee. The Selection Committee meeting to review the presentations was publicly announced (attachment 5). Based on the information presented at the presentation followed by a question and answer session the committee ranked all nine firms. The results were then tabulated for a combined ranking. The evaluation form and the tally sheet are attached (attachment 6). Following the ranking, references were verified on the three top ranked firms. The references positively confirmed the committee's assessment of these firms. The Statues requires that the City negotiate a contract with the most qualified firm for professional services that the City considers is fair, competitive and reasonable. If the City is unable to negotiate a satisfactory contract with that firm the City must formally terminate the negotiation and undertake negotiations with second most qualified firm. If the negotiations are not successful with the second most qualifies firm, the City must terminate the negotiation and attempt to negotiate with the third ranked firm. RECOMMENDATION It is recommended that the City initiate negotiation with M. C. Harry & Associates for professional services in accordance with the Florida Statues 287.055. Attachments: Proposed resolution. Attachment 1: Florida Statues 287.055 Attachment 2: Published Notice for Professional Service. Attachment 3: Initial appointments to Certification/Selection Committee and subsequent additions/ deletions. Attachment 4: Certification/Selection Committee evaluation form. Attachment 5: Public Announcement. Attachment 6: Final evaluation form and tally sheet. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A PROFESSIONAL SERVICES CONTRACT WITH NUMBER ONE RANKED FIRM OF M. C. HARRY & ASSOCIATES, FAILING THAT WITH THE SECOND RANKED FIRM OF MATEU CORRENO RIZO & PARTNERS, INC., FAILING THAT, TO THE THIRD RANKED FIRM OF BERMELLO, AJAMIL & PARTNERS FOR THE DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE PHASE TWO OF THE CITY OF SOUTH MIAMI MULTIPURPOSE CENTER. WHEREAS, the City Commission desires to retain a team of consultants for the design; construction documents and construction administration of the City of South Miami Multipurpose Center, and WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for Professional Services, and WHEREAS, the City received a total of seventeen (17) responses as a result of the published notice, and WHEREAS, The City having followed the requirements established by Florida Statute 287.055: Acquisition of Professional Services for Architects and Engineers, recommends three top ranked firms in order of preference, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the City Commission approves the recommended ranking of the three top ranked firms as follows: 1. M C Harry Associates 2. Mateu Carreno Rizo & Partners, Inc. 3. Bremello, Aj amil & Partners Section 2: That the City Commission authorizes the administration to negotiate a fee proposal for design, construction document and construction administration of the City of South Miami Multipurpose Center with the first ranked firm. Section 3: That if the City is unable to negotiate a satisfactory contract with the first ranked firm the City must formally terminate the negotiation and undertake negotiations with second ranked firm, failing that undertake negotiation with the third ranked firm. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Section 4: That the negotiated Professional Services Agreement is brought back to the City Commission for approval. PASSED AND ADOPTED this day of , 2000. 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: I 287.055 Acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services; definitions; procedures; contingent fees prohibited; penalties. (1) SHORT TITLE. —This section shall be known as the "Consultants' Competitive Negotiation Act." (2) DEFINITIONS. —For purposes of this section: ' - (a) "Professional services" means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice. (b) "Agency" means the state, a state agency, a municipality, a political subdivision, a school district, or a school board. The term "agency" does not extend to a nongovernmental developer that contributes public facilities to a political subdivision under s. 380.06 or ss. 163.3220 - 163.3243. (c) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice architecture, engineering, or surveying and mapping in the state. (d) "Compensation" means the total amount paid by the agency for professional services. (e) "Agency official" means any elected or appointed officeholder, employee, consultant, person in the category of other personal service or any other person receiving compensation from the state, a state agency, municipality, or political subdivision, a school district or a school board. (f) "Project" means that fixed capital outlay study or planning activity described in the public notice of the state or a state agency under paragraph (3)(a). A project may include: 1. A grouping of minor construction, rehabilitation, or renovation activities. 2. A grouping of substantially similar construction, rehabilitation, or renovation activities. (g) A "continuing contract" is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which construction costs do not exceed $500,000, for study activity when the fee for such professional service does not exceed $25,000, or for work of a specified nature as outlined in the contract required by the agency, with no time limitation except that the contract must provide a termination clause. (h) A "design- build,, firm" means a partnership, corporation, or other legal entity that: 1. Is certified under s. 489.119 to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or 2. Is certified under s. 471.023 to practice or to offer to practice engineering; certified under s. 481.219 to practice or to offer to practice architecture; or certified under s, 48 1.3 19 to practice or to offer to practice landscape architecture. (i) A "design -build contract" means a single contract with a design -build firm for the design and construction of a public construction project. 0) A "design criteria package" means concise, performance- oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information to permit design -build firms to prepare a bid or a response to an agency's request for proposal, or to permit an agency to enter into a negotiated design -build contract. The design criteria package must specify performance -based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. 1993 Florida Statutes 11/ 10199 3:41:57 PM —1 — C Compass Data Systems, Inc. 1998 (k) A "design criteria professional" means a firm who holds a current certificate of registration under chapter 481 to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under chapter 471 to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES. — (a) Each agency shall publicly announce, in a uniform and consistent manner, each occasion when professional services must be purchased for a project the basic construction cost of which is estimated by the agency to exceed the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO, except in cases of valid public emergencies certified by the agency head. The public notice must include a general description of the project and must indicate how interested consultants may apply for consideration. (b) Each agency shall encourage firms engaged in the lawful practice of their professions that desire to provide professional services to the agency to submit annually statements of qualifications and performance data. (c) Any firm or individual desiring to provide professional services to the agency must first be certified by the agency as qualified pursuant to law and the regulations of the agency. The agency must find that the firm or individual to be employed is fully qualified to render the required service. Among the factors to be considered in making this finding are the capabilities, adequacy of personnel, past record, and experience of the firm or individual. (d) Each agency shall evaluate professional services, including capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985, and other factors determined by the agency to be applicable to its particular requirements. When securing professional services, an agency must endeavor to meet the minority business enterprise procurement goals under': s. 287.0945. (e) The public must not be excluded from the proceedings under this section. (4) COMPETITIVE SELECTION. (a) For each proposed project, the agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three, firms regarding their qualifications, approach to the project, and ability to furnish the required services. (b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the agency shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The agency may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations under subsection (5). (c) This subsection does not apply to a'professional service contract for a project the basic construction cost of which is estimated by the agency to be not in excess of the threshold amount provided in s. 287.017 for CATEGORY FIVE or for a planning or study activity when the fee for professional services is not in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO. 19913 Florida Statutes 11;'10!99 3:41:57 PM —2— i Compass Data Systems, luC. 1998 (d) Nothing in this act shall be construed to prohibit a continuing contract between a firm and an agency. (5) COMPETITIVE NEGOTIATION. — (a) The agency shall negotiate a contract with the most qualified firm for professional services at compensation which the agency determines is fair, competitive, and reasonable. In making such determination, the agency shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump -sum or cost - plus -a- fixed -fee professional service contract over the threshold amount provided in s. 287.017 for CATEGORY FOUR, the agency shall require the firm receiving the award to execute a truth -in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. (b) Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency must terminate negotiations. The agency shall then undertake negotiations with the third most qualified firm. (c) Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. (6) PROHIBITION AGAINST CONTINGENT FEES. - (a) Each contract entered into by the agency for professional services must contain a prohibition against contingent fees as follows: "The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (b) Any individual, 'corporation, partnership, firm, or company, other than a bona fide employee working solely for an architect, professional engineer, or registered land surveyor and mapper, who offers, agrees, or contracts to solicit or secure agency contracts for professional services for any other individual, company, corporation, partnership, or firm and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or the making of a contract for professional services shall, upon conviction in a competent court of this state, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. (c) Any architect, professional engineer, or registered surveyor and mapper, or any group, association, company, corporation, firm, or partnership thereof, who offers to pay, or pays, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from, the award or making of any agency contract for professional services shall, upon conviction in a state court of competent authority, be found guilty of a first degree misdemeanor, punishable as 1995 Florida Statutes 1.1:10!99 3:=41:5? PM —3— <, Compass Data Systems, Inc. 1998 provided in s. 775.082 or s. 775.083. (d) Any agency official who offers to solicit or secure, or solicits or secures, a contract for professional services and to be paid, or is paid, any fee, commission, percentage, gift, or other consideration contingent upon the award or making of such a contract for professional services between the agency and any individual person, company, firm, partnership, or corporation shall, upon conviction by a court of competent authority, be found guilty of a first degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083. (7) AUTHORITY OF DEPARTMENT OF MANAGEMENT SERVICES.— Notwithstanding any other provision of this section, the Department of Management Services shall be the agency of state government which is solely and exclusively authorized and empowered to administer and perform the functions described in subsections (3), (4), and (5) respecting all projects for which the funds necessary to complete same are appropriated to the Department of Management Services, irrespective of whether such projects are intended for the use and benefit of the Department of Management Services or any other agency of government. However, nothing herein shall be construed to be in derogation of any authority conferred on the Department of Management Services by other express provisions of law. Additionally, any agency of government may, with the approval of the Department of Management Services, delegate to the Department of Management Services authority to administer and perform the functions described in subsections (3), (4), and (5). Under the terms of the delegation, the agency may reserve its right to accept or reject a proposed contract. 1998 Florida Statutes 11/10/99 3:41:58 PIN4 —4— < Compass Data Systems, Ine. 1998 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper,-published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE FOR PROFESSIONAL SERVICES TEAM OF CONSULTANTS OCTOBER 25, 1999 in the ................... XXXXXXX . Court, .................. ............................... was published in said newspaper in the issues of Sep 20, 1999 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any per corporation any discourebate, commissi fund fo the purpose of secu�g this advertise or ublicati in the said 2 0 /oernntp a�nmsCb� V_10/ - e me thig 9 A.D.19...... (SEAL) � i& NOTAAY sFAL 0" r '0t JA LLLLRI?NA Octelma V. Ferbe ow G" Nuill" t CCS66004 _aS MI som t!7iPMREE AAaw-tmt f 2 Q CLTIV QF 'SOUTH MIAMI, FLORIDA ` Pursuant to Chapter 287.055, Flori da Statutes, the City of _South Miami will retain a team of consuitartts`..to provide ,professional Architectural/ Engineering and Consfruciion Administration services far' phase two of the City's Recreational Center, located in Murray Park. The Recreational Center, approximately a 30,000 sgft. facility, will generally house a gymnasium, class rooms, .-Arts and crafts workshops, administrative offices, " multipurpose room and other ancillary spaces. In order to , fulfill such needs and to meet the requirements for - specialized services, the City intends to retain the services of a quali- fied architecturaUengineering firm for developing limited. programming; preparing design, construction and other necessary, contract °docu- ments; and providing construction administration. Only firms with similar experience and a proven track record of successfully delivering projects on time and on budget are encouraged to apply; To be 'eligible for selection consideration, interested consultants. must submit one (1) original and four (4) copies of the 'following information: 1) Name of firm(s), specify, as to ,type ' of contractual agreement between firms, and certificate(s) of authonza- tion to offer professional services through the Florida Department of Professional Regulations, as applicable, from prime as well as supporting firms. 2) Proof of authorization to transact business in the State from the Florida Secretary of State, from prime as well as supporting firms. 3) Proposed organization chart identifying key professionals and their area of responsibilities. 4) Appropriate current Federal 254 and 255 forms showing the firm's data and supporting the firm's ability to perform each category of work required. 5) List of recent client references with contact names and telephone numbers. 6) Proof of compliance with Federal Davis -Bacon ` wage - requirements and HUD 24 CFR Part 135 and Subparts A- E, Economic Opportunities for Low and Very Low Income Persons (copy may be obtained from City of South Miami). The deadline for submissions, is October 25, 1999, at 5:00 p.m. Firms must submit the aforementioned information to Office of the City Clerk, City of South Miami, 6130 Sunset Drive, South' Miami, Florida 33143. For further information, interested parties may contact Mr. Subrata Basu, AIA, AICP, Assistant City Manager at 305,663.6344, Please be advised that the City of South Miami complies with Miami Dade County's Cone of Silence ordinance. Requests for information . must be made in writing. Ronetta Taylor, CMC City Clerk 9/20 99- 4- 092033M CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Charles D. Scurf, City Manager From: Subrata Basu, ACM/ Planning it Subject: Professional Services Consultant Selecti Date: 11/08/99 It is recommended that you make the following appointments for the upcoming Competitive Selection process for Architectural/Engineering consultant team for the second phase of the Multipurpose Center. Joint Certification and Selection Committee John Whitehead III, Chairman, Recreation & Cultural Affairs Board David Sweet, Miami Dade Community and Economic Development Subrata $asu, AIA, AICP, Asst. City Manager/ Planning Director Orlando Martinez, Assistant Public Works Director Ana Garcia, Park and Recreation Director Sonia Lama, AIA, Building Director The Certification Committee determines whether or not the consultant is qualified to provide the services requested and whether or not the proposal is complete. The Competitive Selection Committee ranks the Consultants on how well they can provide the requested services and will recommend at least three to your office and in turn to the City Commission for final selection. If the above appointments are satisfactory, please sign below and return a copy. Thank you. Approved: Charles D. Scurr, City Manager CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Subrata Basu, Assistant City Manager From: Charles D. Scurr, City Manager Subject: Professional Services Consultant Selection/ Recreation Center Phase II Date: 02/23/00 In order to increase community participation in the above referenced selection process I am including two additional members from the Recreation and Cultural Affairs Board to the Competitive Selection Committee. I am appointing the following members to the committee: Lee Perry Larry Ligammare Please provide the new members the necessary information so as to bring them up to speed with all the requirements of the selection process. Thank you. CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Charles D. Scurf, City Manager From: Subrata Basu, Assistant City Manager Subject: Professional Services Consultant Selection/ Recreation Center Phase II Date: 02/23/00 In order to give community a greater part in the selection process I am suggesting that I stay with the Selection Committee as a non - voting member. Unless instructed otherwise, I will act accordingly. Thank you. �X' 1 N r CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Charles D. Scurf, City Manager From: Subrata Basu, Assistant City Manager Subject: Professional Services Consultant Selection/ Recreation Center Phase II Date: 02/23/00 In order to give community a greater part in the selection process I am suggesting that I stay with the Selection Committee as a non - voting member. Unless instructed otherwise, I will act accordingly. Thank you. �X' 1 m O Lij 0 0 0 A m C c . 0 0 o .2 ca LU (Alk rn co c CL rn E 2 LO E 9 S) c T 0 c Y D ari 0 > 0 to a. 0 CY m V E rr co m 04 O 0 '= 0 CL E2 0-) >, O to C 'o m 0 U) 40- a E 16 N *r- ..: 0 cr 0) :5 e a. E .2 tf 0 06 U) z 0 C C3 U C S MM U) Z cc 4) 0 a C 0 -j m .r 06 5 t5 E ca 'E 0 O ca 06 < x 0 tm 0 E m CD (D co Izz I m 0. a- F- rn y J Im (D L Lu 0 M > 2 5 5 O ca IL 00 r 4) ID E E 8 0 co *a 4) Cc E E 10: 13 0 c c 0 -0 Cc 0 4) Of '0 a. 5 .30 1 CD E 0 4 1 -) L 'ff I = LO 0 CL cr -0 c 0 — M C M > 0 :w LO c4c) to 3 C', iB LO N C C :P- () C to id 2, as 0 8 ,O C #A IM (D E 16 0 14 0 ;E 0 0 o a. I ci c ci a cn luf 0 2 N 4) (D 0 ca L) ca CA cc C.)0 0 U) < 0 od Cu 0 0 a 0 E ca - N ik 0 0 CA < ca < 0 0 ca (D co 06 0 0 L-7 0 OL cn a (D < 0 0 U- 4- ad LU E 0 0 4) E 6 cl) Z U) ca CL 'a) E m (1) La-) ° C m ` L- L- cu C13 H CIO I ?: �a 0 (a z co m m 0 (.) 0 uj n:� 2 O ca IL M El ff, 24 I L4154 Ri I r it &u Air 4%o1 111.111 El t, .611. 11a !� www.herald.com SUNDAY, FEBRUARY 13, 2000 E City of South Miami, Florida Public Notice Pursuant to Chapter 287.055, Florida. Statutes, the City of South Miami will be selecting a team of consultants to provide professional Architectural/Engineering and Construction Administration services for phase two of the City's Recreational Center, located in Murray Park. The Competitive Selection Committee has scheduled presentations and interviews of nine of the seventeen firms who responded to the City's_ Notice. —€vf' Professional Service. The interviews will be conducted at the City Commission Chamber at the City Hall, 6130 Sunset' Drive and are scheduled for February 25, 2000 starting at 8:45 a.m. The presentations by the selected firms and the interviews are open to the public. For fur- ther information please call Mr. Subrata Basu, Assistant City Manager at 305 -663 -6326. 9 r" i M El ff, 24 I L4154 Ri I r it &u Air 4%o1 111.111 El t, .611. 11a !� www.herald.com SUNDAY, FEBRUARY 13, 2000 E City of South Miami, Florida Public Notice Pursuant to Chapter 287.055, Florida. Statutes, the City of South Miami will be selecting a team of consultants to provide professional Architectural/Engineering and Construction Administration services for phase two of the City's Recreational Center, located in Murray Park. The Competitive Selection Committee has scheduled presentations and interviews of nine of the seventeen firms who responded to the City's_ Notice. —€vf' Professional Service. The interviews will be conducted at the City Commission Chamber at the City Hall, 6130 Sunset' Drive and are scheduled for February 25, 2000 starting at 8:45 a.m. The presentations by the selected firms and the interviews are open to the public. For fur- ther information please call Mr. Subrata Basu, Assistant City Manager at 305 -663 -6326. 9 k � 2f CL e 0 v k. 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U) 2 ƒ IL ■ k tm U � � k 5 E w = 9 2 k � \ 2 > . & _ u e $ 7 o q « E \ E § & / « 2 0gym § 2 2 -21, / 2 V a ƒ 3 CU 2 � .§. . ƒ . « .E J ƒ ) \ ( * e y k � . � e % . E . E & ± IL E2 / E m ° E 3 j 2 q � . j = » / � ) § . . �\ $ k k % 0 / § cn / / § k 0 ® � LM \ § / a % cn . m $ m $ / / / � k 2 / / / k / q � k . _0 k « k 0 / / ° / f a = 2 ( / @ / / E @ 7 - / § o 2 w � L w, = I U .0 I v CITY OF SOUTH MIAMI To: Mayor and Commission Date: March 7, 2000 From: Charles Scurr a-101 Agenda Item # a O City Manager 94* Business Code of Ethics REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ETHICS; URGING LOCAL BUSINESSES, CHAMBER SOUTH AND THE RED SUNSET MERCHANTS ASSOCIATION TO REQUIRE THAT ALL OF ITS MEMBERS ADOPT THE MODEL CODE OF BUSINESS ETHICS AND REQUIRING ALL PERSONS TO ADOPT THE CODE OF ETHICS PRIOR TO OR AT THE TIME OF ENTERING INTO CONTRACTS WITH THE CITY; PROVIDING AN EFFECTIVE DATE. ANALYSIS The attached resolution was placed on the Agenda at the request of Mayor Robaina and Commissioner Russell. The City of South Miami has taken a leadership role in the area of ethics in government. An important new initiative spearheaded by the Greater Miami Chamber of Commerce is to request that businesses in general, and specifically those doing business with governments, agree to abide by a Model Code of Business Ethics. This resolution calls for local businesses and members of Chamber South and the Red Sunset Merchants Association to adopt the Code. It also requires any company doing business with the City of South Miami to adopt the Code. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ETHICS; URGING LOCAL BUSINESSES, CHAMBER SOUTH AND THE RED SUNSET MERCHANTS ASSOCIATION TO REQUIRE THAT ALL OF ITS MEMBERS ADOPT THE MODEL CODE OF BUSINESS ETHICS AND REQUIRING ALL PERSONS TO ADOPT THE CODE OF ETHICS PRIOR TO OR AT THE TIME OF ENTERING INTO CONTRACTS WITH THE CITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Greater Miami Chamber of Commerce ( "GMCC ") has adopted a Model Code of Business Ethics; and, WHEREAS, the Model Code, which is annexed to this resolution, is a statement of principals to guide decisions and actions based on respect for the importance of ethnical business standards in the community; and, WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and, WHEREAS, the Mayor and Commission believe that each person who does business with the City of South Miami should be required to adopt and to adhere to a Code of Business Ethics. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. Each person or entity that seeks to do business with the City of South Miami shall adopt a Code of Business Ethics ( "Code ") substantially similar in form and content as the GMCC model Code of Business Ethics, and submit the Code to the City Manager prior to, or at the time of, execution of any contract between the contractor and the City. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underlining and deletions shown by ever-strilri-ng. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3409 41 PASSED AND ADOPTED this day of March, 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY \\Dell_6100 \Documents \City of South Miami \0022- 001 \business ethics Page 2 of 2 APPROVED: u_W- • COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: December 22, 1999 greater 1ami , �' chamber Of :ommeree The Honorable Julio Robaina Mayor of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mayor Robaina, Enclosed is a copy of the Greater Miami Chamber of Commerce Model Code of Business Ethics ( "Code "). I have also enclosed a copy of a resolution recently passed by the Miami -Dade County Board of County Commissioners requiring all businesses or persons seeking to do business with the County to adopt a code of business ethics. I am writing to ask that your community consider passing a similar resolution. I serve as Co -Chair of "Doing Business With Government Committee" of the Greater Miami Chamber of Commerce. This committee is seeking to have every community in Miami -Dade County endorse this effort. Your local Chamber of Commerce is very familiar with this program. The Code has been endorsed by the Miami -Dade County Coalition of Chambers of Commerce. Feel free to contact me or the leadership of your local chamber in order to answer any questions you may have. The Greater Miami Chamber of Commerce is attempting to expand the use of the Code to all businesses which do business in Miami -Dade County. I believe that an effective way to do this is for all local governments to require businesses to adopt the Code in order to do government business. Thank you for your time and consideration. Very truly yours, DOING BUSINESS WITH GOVERNMENT MMITTEE Ron Robison, o -Chair Pres /CEO, Coral Gables Chamber of Commerce (305) 446 -1657 CHAMBER OF COMMERCE - F c�rCC 313 Z60 (305; °�0 -:0 • r �x (305) 374-6902 4 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC') seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. -The GMCC believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. Compliance with Government Rules & Regulations • We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; • In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; • We will report contract irregularities, ;al other_improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment Selection & Compensation of Vendors and Suppliers • We will avoid conflicts of interest and disclose such conflicts when identified; Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickback. Business Accounting All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Doing Business with the Government el �3 • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and. subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns • We encourage all employees to participate in community life, public service and the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business. and community issues; • Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be rep_ orted to senior company management; • We will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information or support those who do. Company Name Corporate Officer Date CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Mayor Date: March 2, 2000 and City Commission From: Charles D. Scurr Subject: Agenda Item # 2 1 YC404 J g City Manager Commission Meeting 03/07/00 SNP Challenge Grant for Multipurpose Center REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING APPLICATION FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM. BACKGROUND AND ANALYSIS The City of South Miami has been awarded $1,478,600 from the Safe Neighborhood Parks Challenge Grants Program for the design and construction of the Multipurpose Center at Murray Park. Upon notification of the award, the City earmarked the money for those costs which would be associated with Phase II, as Phase I was being funded through Community Development Block Grants which the City had already received. The Multipurpose Center has rapidly progressed, and the City will soon begin contract negotiations for the design of Phase II. The Office of Safe Neighborhood Parks has informed the City that before the City may draw upon its Safe Neighborhood Parks Challenge Grant, it must approve the attached Resolution and execute the attached Safe Neighborhood Parks Bond Program Challenge Grant Agreement (the "Agreement "). Approval of the attached resolution would allow the City Manager to execute the Agreement and other contracts and documents necessary to expend funds from the Challenge Grant. The Agreement includes the following: 1. Grant Amount Section IV of the Agreement states that the current maximum amount payable for the project shall not exceed $1,478,600. The grant requires that the City post a dollar to dollar match. Therefore, the total funding for Phase II will be $2,957,200. Page 1 of 2 2. Funding Commitment Section V of the Agreement states: "In the event that the project requires further funding, funding for subsequent years is conditioned upon appropriation by the Board of County Commissioners of Miami -Dade County, Florida, with no representation that funds will be forthcoming." Therefore, the Phase II design consultants will be instructed to (1) design Phase II within the $2,957,200 budget; or (2) design it in phases which allow the completed portions of the Multipurpose Center to be completely functional while funding is attained for the remaining phases. 3. Local Match As was noted above, the City must post a dollar to dollar match. The match must be verified at the time of payment reimbursement, and Section VI(C) of the Agreement states the City's "failure to produce the match as originally pledged to the project shall result in a reduction in bond funds awarded under [the] Agreement, equal to the cash match shortfall, or termination of this Agreement by the County, at the option of the Oversight Committee ". As you know, the City has already received private lender commitments for the nearly $1.5 million match. The private lender commitments are all similar in that they feature a loan which uses South Miami Hospital's annual $150,000 contribution as collateral. However, the City is currently evaluating other, less costly financial instruments, such as (1) the Hospital providing the match on behalf of the City in exchange for appropriate modification to their existing contribution schedule and (2) bond programs. Although the City has not yet selected a financial instrument, execution of the Agreement essentially commits the City to deciding upon one. Without the financial instrument to provide the required match, the City will not receive grant funding. City staff will bring the best financial options to the Mayor and City Commission for consideration well prior to the need for payment reimbursement. RECOMMENDATION Approval of the agreement will allow the City to take additional steps towards realizing a longstanding dream. Therefore, your approval is recommended. Page 2 of 2 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING 6 APPLICATION FOR GRANT FROM THE SAFE 7 NEIGHBORHOOD PARKS BOND PROGRAM. 8 9 WHEREAS, the citizens of Miami -Dade County have authorized the issuance of 10 general obligation bonds (the "Bonds ") for the purpose of financing capital improvement 11 programs for certain parks, beaches, natural areas and recreation facilities; and 12 13 WHEREAS, to implement and give effect to the bond program, Miami -Dade 14 County, Florida enacted Ordinance No. 96 -115, the Safe Neighborhood Parks Ordinance 15 (the "Ordinance "); and 16 17 WHEREAS, it is necessary and desirable to improve the quality of life, to benefit 18 property values, to promote prevention of juvenile crime by providing positive recreation 19 opportunities, and to improve the recreation facilities for youth, adult, and senior citizens 20 in this community through the improvement of our parks and natural areas; and 21 22 WHEREAS, in order to foster those important values, the projects more 23 specifically listed below have been identified for reimbursement pursuant to the terms of 24 the Ordinance; and 25 26 WHEREAS, pursuant to the terms of the Ordinance, the passage of this resolution 27 and the acts contemplated by this resolution are conditions to obtaining a grant; and 28 29 WHEREAS, the City of South Miami wishes to make application for the grant 30 monies for the project listed below subject to all terms and conditions of the Ordinance. 31 32 NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND CITY 33 COMMISSION OF THE CITY OF SOUTH MIAMI: 34 35 Section 1. The City Commission hereby authorizes the City Manager to make 36 application for a grant for the projects and in the amount listed below, and in connection 37 with such application to execute such grant agreement and other contracts and documents, 38 to expend Safe Neighborhood Parks bond funds received for the purposes described in 39 the funding request, to execute any necessary amendments to the grant application and 40 contracts, and take such other acts as may be necessary to bind the City of South Miami 41 and accomplish the intent of this resolution. Application shall be made with respect to 42 the following project in the amounts set forth below. 43 44 Grant Title Total Grant 45 City of South Miami Multipurpose Center $1,478,600 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Section 2. The City of South shall complete the Project in accordance with the terms of the grant agreement, the Ordinance, and the administrative rules authorized by the Citizens' Oversight Committee (the "Committee ") to implement the Ordinance. If the total cost of a Project exceeds the value allocated in the grant, then the City of South Miami will provide any supplemental funds required to complete the Project. In the event that supplemental funds are necessary for completion of a Project, as of the point in time that it is known that supplemental funds are needed, the City of South Miami will demonstrate that such supplemental funds have been committed to the Project prior to and as a condition of disbursement or further disbursement of grant funds. The requirement for the City of South Miami to provide any supplemental funds required to complete the Project may, at the sole discretion of the Committee, be modified in whole or in part by a reduction in scope of work consistent with the Ordinance. Section 3. The City of South Miami recognizes and directs that any beach, park, or other public facility acquired, developed, rehabilitated or restored with bond funds, including the Project, shall be open and accessible to the public without discrimination as to race, color, gender, age, religion, belief, residence, national origin, marital status or disability. Section 4. To the extent allowed by law, the City of South Miami shall commit any and all funds which may be required to operate, maintain and provide programming at the Project upon its completion. Section 5. No substitution in capital project funding by the City of South Miami shall occur as a result of the grant for which the City of South Miami is applying. PASSED AND ADOPTED this day of , 2000. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Page 2 of 2 Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: Agreement # C 98 -13 SAFE NEIGHBORHOOD PARKS BOND PROGRAM CHALLENGE GRANT AGREEMENT This Agreement, made this day of , 199_ , by and between Miami -Dade County, a political subdivision of the State of Florida (County) through its Office of Safe Neighborhood Parks (Office), located at 111 N.W. 1st Street, Suite 1740, Miami, FL 33128, and City of South Miami (Grantee) having offices at 6130 Sunset Drive, South Miami, FL 33143 states conditions and covenants for the rendering of Safe Neighborhood Parks Bond project (Project(s)) for the County. WHEREAS, the citizens of Miami -Dade County have authorized the issuance of general obligation bonds for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Miami -Dade County, Florida enacted Ordinance 96 -115, the Safe Neighborhood Parks Ordinance; and WHEREAS, it is necessary and desirable to improve the quality of life, to preserve property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in this community through the improvement of our parks and natural areas; and WHEREAS, in order to foster those important values, the project(s) listed herein have been identified for reimbursement pursuant to the terms of the Ordinance; NOW, THEREFORE, the parties agree as follows: I. SCOPE OF SERVICE & BUDGET SUMMARY. The Grantee agrees to render services in accordance with the Brief Grant Summary statement incorporated, and that all expenditures or costs shall be made in accordance with the Budget(s) which is incorporated and attached as Exhibit(s). (See Section XVII H ). II. ADMINISTRATIVE RULES & BOND ORDINANCE. The Grantee agrees to abide by and be governed by the Administrative Rules for Specified Project Grants, Per Capita Allocation Grants, and Challenge Grants and the Bond Ordinance, copies of which have been provided the Grantee by the Office. Without limiting the generality of the preceding sentence, the Grantee agrees to: Payment Procedures (Ord., Sec.6 & Rules, l OB); Breach of Agreement (Rules, IOB(6) & I IE); Termination (Rules, 1 IE); Prohibited Use of Funds (Rules, IOE); Required Documentation (Rules, 11C & 12); Operating Funds (Ord., Sec. 5(b)(1)); Completion of Project and Supplemental Funding (Rules, IOB(11)); and Audits (Ord., Sec. 13 & Rules, IOB(8)). III. EFFECTIVE TERM. Both parties agree that the effective term of this Agreement shall be from January 1, 1999 to December 31, 2001 . Failure by the Grantee to complete the project by the aforementioned date, unless extended, shall be cause for the County to terminate this Agreement. IV. AMOUNT PAYABLE. The maximum amount payable for the project(s) rendered under this Agreement, shall not exceed $1,478,600 unless otherwise amended. The Grantee agrees to post a match which will be subject to verification by the County at the time of payment reimbursement. Expenditure match must be verified at the time of the independent audit (Ord., Sec. 13 & Rules, 10 B (8)). V. FUNDING COMMITMENT. In the event that the project(s) requires further funding, funding for subsequent years is conditioned upon appropriation by the Board of County Commissioners of Miami -Dade County, Florida, with no representation that funds will be forthcoming. VI. FUNDING REQUIREMENTS & REGULATIONS. A. Establishment of residency requirements, imposition of non - resident fees, or failure of the Grantee to comply with any other conditions established by the Safe Neighborhood Parks Citizens' Oversight Committee (Oversight Committee) shall be cause for the County to terminate this Agreement unless an exception is granted by the Oversight Committee. B. Failure to enter into contract to commence the project(s) whether design, construct, or purchase land (whichever is appropriate) within 120 days after Agreement execution, unless extended by the Oversight Committee for good cause, shall be cause for the County to terminate this Agreement. C. Failure by Grantee to produce the dollar for dollar cash match as originally pledged to the project(s) by the Grantee shall result in a reduction in bond funds awarded under this Agreement, equal to the cash match shortfall , or termination of this Agreement by the County, at the option of the Oversight Committee. VII. CONDITIONS OF AWARD A. Completed facility construction will have a permanent plaque, approved by the Oversight Committee, as to material, form, and content, affixed to the facility noting funding through the Safe Neighborhood Parks bond program. B. All fencing funded with Safe Neighborhood Parks bond proceeds will comply with the current South Florida Building Code specifications for such facilities. C. Land acquired and/or facility development or improvement funded by this 2 Agreement must be vested with a public agency. VIII. INDEMNIFICATION BY GRANTEE. A. Government Entity. Government entity shall indemnify and hold harmless the County and its officers, employees, agents, and instrumentalities 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 action, or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portion thereof, which, when totaled with all other claims or judgment or paid by the government entity 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 government entity. B. Not - For - Profit Organization. Not -For- Profit organizations shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities 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 Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee 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. Grantee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by grantee 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. IX. INSURANCE. A. Government Entity. If the Grantee is the State of Florida or an agency or political subdivision of the State as defined by Section 768.28, Florida Statutes, the Grantee shall furnish the County, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, Florida Statutes. B. Not - For - Profit Organizations. 1. Modification and Changes The Grantee shall notify the County of any intended changes in insurance coverage, including but not limited to any renewals of existing insurance policies. Upon review of the Grantee's Scope of Services (Exhibits) by the County's Risk Management Division, the County may increase, decrease, waive or modify any of the following insurance requirements. Any request by a Grantee to decrease, waive or modify any of the following insurance requirements must be approved in writing by the County's Risk Management Division. 2. Minimum Insurance Requirements: Certificates of Insurance The Grantee shall furnish to Miami -Dade County, c/o Beverly N. Mirman, D.P.A., Director, Office of Safe Neighborhood Parks, 111 N.W. 1 st Street, Suite 1740, Miami, Florida 33128 -1989, Certificate (s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: a. Worker's Compensation Insurance for all employees of the provider as required by Florida Statute 440. b. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. c. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000* combined single limit per occurrence for bodily injury and property damage. For Grantees supplying vans or mini -buses with seating capacities of 15 passengers or more, the limit of liability required for Automobile Liability is $500,000. d. Errors and Omissions Insurance in the name of the grantee, when applicable, in the amount not less than $300,000. 3. Classifications and Ratings All insurance policies required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Grantee. 0 All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class W as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County's Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. All insurance requirements are subject to review and approval by the County's Risk Management Division. C. Failure to Provide Certificates of Insurance If the Grantee fails to furnish the County with the Certificate of Insurance or written verification required under this section or as determined by the County's Risk Management Division after review of the Scope of Services (Exhibit(s)), the County shall not disburse any funds until it is provided with the necessary Certificates of Insurance or written verification. Failure to provide the Certificates of Insurance or written verification within sixty (60) days of execution of this Agreement may result in termination of this Agreement. X. CIVIL RIGHTS. The Grantee agrees to abide by Chapter I IA, Article IV of the Code of Miami -Dade County ('County Code'), as amended, which prohibits discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S. C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C., Section 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C., Section 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. It is further understood that the Grantee must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. Section 1612, and the Fair Housing Act, 42 U.S.C. Section 3601 et seq. If the Grantee or any owner, subsidiary, or other firm affiliated with, or related to the Grantee, is found by the responsible enforce ment agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Grantee. Any agreement entered into based upon a false affidavit shall be voidable by the County. If the Grantee violates any of the Acts during the term of any agreement the Grantee has with the County, such agreement shall be voidable by the County, even if the Grantee was not in violation at the time it submitted its affidavit. XI. CONFLICT OF INTEREST. The Grantee agrees to abide by and be governed by Miami - Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. XII. INDEPENDENT PRIVATE - SECTOR INSPECTOR GENERAL. The County shall have the right, but not the obligation to require the Grantee, at the Grantees own cost, to retain the services of an independent private - sector inspector general ( IPSIG) who may be engaged to audit, investigate, monitor, oversee, inspect and review the operations, activities and performance of the Grantee and County in connection with this agreement. The scope of services performed by an IPSIG may include, but are not limited to, monitoring and investigating compliance with Agreement; project costs; and investigating and preventing corruption and fraud. The IPSIG may perform its services at all levels of the contracting and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials. Upon ten (10) days written notice to Grantee from an IPSIG, the Grantee shall make all requested records and documents available to the IPSIG for inspection and copying. The IPSIG shall have the right to examine all documents and records in the Grantee's possession, custody or control which in the IPSIG's sole judgment pertain to performance of the Agreement, including but not limited to original estimate files, bid and change order estimates, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, bid and agreement documents, back - charge document, 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 Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct an audit or investigate activities. The provisions of this section are not intended nor shall they be on construed to impose any liability on the County by Grantee or third parties. XIII. OFFICE OF THE MIAMI-DADE INSPECTOR GENERAL. Pursuant to Ordinance No. 97 -215, the Office of the Miami -Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions, The IG shall have the power to report and /or recommend to the Board of County Commissioners whether a particular project, program, agreement or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG shall, on a random basis, perform audits on all County contracts throughout the duration of said contracts hereinafter "mandatory random audits "). The cost of mandatory random audits shall be incorporated into the agreement award and shall be one quarter of one percent of the agreement award. Upon ten (10) days written notice to Grantee from IG, the Grantee shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said mandatory random audits, as well as audit, investigate, monitor, oversee, inspect and review the operations, activities and performance and procurement process including but not limited to project design, establishment of bid specifications; bid submittals, activities, of Grantee, its officers, agents and employees, lobbyists, county staff and elected officials in order to ensure compliance with agreement specifications and detect corruption and fraud. This mandatory random audit is separate and distinct from any other audit by the County of any audit performed under Section XI "Independent Private- Sector Inspector General ". The provisions in this section shall apply to the Grantee, its officers, agents and employees. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of the Agreement. Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are not intended nor shall they be construed to impose any liability on the County by Grantee or third parties. XIV. NOTICES. It is understood and agreed between the parties that written notice addressed to the Office and mailed (certified /return receipt) or delivered to the address appearing on page one (1) of the Agreement and written notice addressed to the Grantee and mailed (certified /return receipt) of delivered to the address appearing on page one(1) of this Agreement shall constitute sufficient notice to either party. XV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent or 7 instrumentality of the County. Furthermore, the Grantee's agents and employees are not agents or employees of the County. XVI. TERMINATION If the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties herein, the County shall have the right to terminate this Agreement by giving at least ten (10) days prior written notice to the Grantee (Rules, 11 E). XVII. MISCELLANEOUS. A. Governing _Law. The Grantee agrees to comply with all applicable federal, state and county laws, rules and regulations which are incorporated by reference or fully set forth. This Agreement is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Agreement shall be Miami -Dade County, Florida. B. Modifications. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. C. Counterpart. This Agreement is signed in 4 counterparts, and each counterpart shall constitute an original of this Agreement. D. Headings Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires E. Agreement Contact. The County's representative for this agreement is Beverly N. Mirman, D.P.A. The Grantee's representative for this agreement is F. Fringe Benefits. In the event that a percentage of actual salary will be utilized as the method to claim eligible fringe benefit costs pursuant to Section 10 (D) (2) (c) of the Rules, such percentage shall not exceed %. This percentage shall be demonstrated to the reasonable satisfaction of the County. Documentation in support of this percentage shall be submitted to the Office for approval contemporaneously with the execution of this Agreement. G. Subcontracts. Any subcontracts written under the provisions of the Ordinance (Sections 5 (b) (5) and 8 (c)) require prior review and written approval of the County. H. Totality of Agreement / Severability of Provisions. This 14 page Agreement with its recitals on the first page of the agreement and with its attachments as 0 referenced below contain all the terms and conditions agreed upon by the parties: Attachment 1: Miami -Dade County Affidavits Exhibit(s) 1 through - : Approved Project(s) and Budget(s) No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby is such remainder would then continue to conform to the terms and requirements of applicable law. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seal the day and year first above written.. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Assistant County Attorney APPROVED AS TO FORM: City Attorney ATTEST: Harvey Ruvin, Clerk By: As Deputy Clerk MIAMI-DADE COUNTY a political subdivision of the State of Florida M. R. Stierheim, County Manager CITY OF SOUTH MIAMI a municipal corporation in the State of Florida City Executive Officer E Attachment METRO -DADE BUSINESS ENTITY AFFIDAVITS I, , being first duly sworn state: The full legal name and business address of the person(s )or entity contracting or transacting business with Metro - Dade County are (Post Office addresses are not acceptable): Federal EtaploM ldanifi gaon Namber (If acne. SocW ScawKy Numba) Name of Entity, lndividW(s), Partners, or Corporation Doing nasiam As (if same as above, leave blank) Address City State zip Code I. METRO -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 1%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. All such names and addresses arc (Post Office addresses are not acceptable). Full Legal Name Address Ownership 2. The f dl legal names and business address of any other individual (other than subcontractors, materialmcn, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County arc (Post Office addresses are not acceptable). II. METRO -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133, Amending sect. 2.8 -1; Subsection (d)(2)). The following information and attachments are provided and are in compliance with all items in the aforementioned Section: 1. Does your fart have a collective bargaining agreement with its employees? _ Yes _ No 2. Does your from provide paid health care benefits for its employees? _ Yes — No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Males Females Asian: Males Females Black., Males Females American Indian: Males Females Hispania: Males Females Aleut (Eskimo): Males Females Males Females Males Females Page I of 2 I[I. METRO -DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92.15) That in compliance with Ordinance No. 92 -15 of the Code of Metropolitan Dade County, the above named firm is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firms' policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. IV. METRO -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91) That in compliance with ordinance No. 142 -91 of the ode of Metropolitan Dade County, Florida, the following information is provided and is in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm for at least one (1) year shalt be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. V. METRO -DADE COUNTY CUBA AFFIDAVIT (County Resolution R- 656 -93) By: That neither the firm (individual, organization, corporation,' etc.) submitting this bid or proposal or receiving this contract award or any of this owners, subsidiaries, or affiliated or related firms, are in violation of the Cuba Democracy Act of 1992. In accordance with County Resolution No. R- 656 -93, all firms (individual, organization, corporation, etc.) submitting bids or proposals or receiving contract awards are to attest that neither the firm or any of its owners, subsidiaries, or affiliated or related firms, arc in violation of the Cuba Democracy Act of 1992 which imposts the U.S. trade embargo to Cuba. (Signature of Affrant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of .19 by _ He/She is personally known to me or has presented (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public - State of (State) as identification. Page 2 of 2 (Serial Number) (Expiration Date) Notary Seal Ix EXHIBIT OF SOUTH MIAMI � citiaens' oversight committee safe neigrhhorhooew parks uth Miami Multi- purpose Center. Complete drawings and construction of a multi - service recreation and community facility at Murray Park, BUDGET ITEMS PLANNING DESIGN PROJECT ADMINISTRATION LAND /BLDG ACQUISITION CONSTRUCTION Construction Contingency TOTAL CONSTRUCTION ART ALLOWANCE (Miami -Dade Only) FIXTURES, FURNITURE, EQUIPMENT OTHER COSTS PROJECT CONTINGENCY EXPENDITURE TOTALS Remarks District `6 Fiscal Year Fiscal Year Fiscal Year TR'I'AL 1998 -1999 1999 -2000 2000 -2001 SNP AWARD; 0 0 0 0 105,379 0 0 105,379' 18,4 7,908 0 26,358 -50� 0 0 0' ® I''� 4 ®• • + %4 ®'� ® ®!fir CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3//00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 3/7/00 City Manager ajo Campaign Financing THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CAMPAIGN FINANCING; SUPPORTING MIAMI -DADE COUNTY COMMISSIONER JIMMY MORALES' PROPOSAL; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Commissioner Russell supports an ordinance sponsored by Miami -Dade County Commissioner Morales. This ordinance would eliminate the appearance of and potential for, undue and unfair influence on the Mayor and the Board in the selection of; 1) bond counsel and disclosure counsel by prohibiting campaign contributions or expenditures by attorneys and their immediate family members; 2) individual contractors by prohibiting campaign contributions by such individuals and their immediate family, members; and 3) firms by prohibiting campaign contributions and expenditures by certain individuals, officers directors or general partners of such firms and their immediate family members. It further provides that individuals or firms shall be prohibited from the selection process for contracts for twenty -four months from the date of the selection process if they have made contributions or expenditures to a candidates campaign. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 CAMPAIGN FINANCING; SUPPORTING MIAMI -DADE 6 COUNTY COMMISSIONER JIMMY MORALES' PROPOSAL; 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Miami -Dade County Board of County Commissioners is 10 empowered to regulate contributions to, and expenditures on behalf of, candidates 11 for Mayor and the Miami -Dade County Board of County Commissioners; and 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami 14 supports Miami -Dade County Commissioner Jimmy Morales' proposal regarding 15 campaign financing; and, 16 17 WHEREAS, The provisions of this ordinance will eliminate the appearance 18 of and potential for, undue and unfair influence on the Mayor and the Board in the 19 selection of. (1) bond counsel and disclosure counsel by prohibiting campaign 20 contributions or expenditures by attorneys and their immediate family members; (2) 21 individual contractors by prohibiting campaign contributions by such individuals 22 and their immediate family members; and (3) firms by prohibiting campaign 23 contributions and expenditures by certain individuals, officers directors or general 24 partners of such firms and their immediate family members; and 25 26 WHEREAS, The ordinance will further prevent the appearance of 27 impropriety and any undue influence on the selection process for County contracts, 28 individuals or firms that have made campaign contributions or expenditures within 29 twenty -four months from the date the selection process commences shall be 30 prohibited from participating in this selection process; and 31 32 WHEREAS, the Mayor and City Commission desire to convey its backing 33 of this and encourage the Miami -Dade County Commission's unanimous approval. 34 35 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 37 38 Section L The South Miami City Commission enthusiastically endorse 39 and support the campaign financing initiative. 40 41 42 Additions shown by underlining and deletions shown by everst6king. I Section 2. This resolution shall take effect immediately upon approval. 2 3 PASSED AND ADOPTED this day of , 2000. 4 5 ATTEST: APPROVED: 6 7 8 CITY CLERK MAYOR 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 Page 2 of 2 03, 0 3 , 00 14 : 43 V30531726103 J111111' WRALES Z005 Alternate Approved Mayor Agenda Item No. 4 (A) Veto 3--9-00 Override ORDINANCE NO. ORDINANCE RELATING TO CAMPAIGN FINANCING; PROHIBITING CAMPAIGN CONTRIBUTIONS AND EXPENDITURES BY ATTORNEYS EMPLOYED BY BOND COUNSEL FIRMS AND DISCLOSURE COUNSEL FIRMS AND THEIR IMMEDIATE FAMILY MEMBERS UNDER CERTAIN CIRCUMSTANCES; PROHIBITING CAMPAIGN CONTRIBUTIONS AND EXPENDITURES BY rNIDIVIDUAL CONTRACTORS AND CERTAIN INDIVIDUALS, OFFICERS, DIRECTORS OR GENERAL PARTNERS OF FIRMS AND THEIR IMMEDIATE FAMILY MEMBERS UNDER CERTAIN CIRCUMSTANCES; PROHIBITING INDIVIDUALS AND FIRMS THAT HAVE MADE CERTAIN CAMPAIGN CONTRIBUTIONS AND EXPENDITURES FROM PARTICIPATrNG IN ANY SELECTION PROCESS FOR COUNTY CONTTRACTS,, PROVIDING THAT ANY SELECTION PROCESS FOR COUNTY CONTRACTS SHALL REQUIRE AFFIDAVIT REGARDING CANIPAIGNT CONTRIBUTIONS AND EXPENDITURES; CREATING ELECTION CAMPAIGN FINANCING TRUST FnNI) TO PROVIDE PUBLIC FINANCING FOR MAYORAL AND COUNTY COMMISSION ELECTIONS; PROVIDING FOR ELIGIBILITY, EXPENDITURE LIMITS, DISTRIBUTION OF FUNDS AND EXPENDITURE LIMITATIONS; PROVIDING FOR ELECTRONIC REPORTING AND POSTING OF CAMPAIGN CONTRIBUTIONS; PROVIDING PENALTIES, SEVERABILITY. INCLUSION IINT THE CODE, AND AN EFFECTIVE DATE WHEREAS, Florida law limits individual campaign contributions to five hundred dollars ($500) per person per candidate but does not limit the candidates to whom a campaign contribution may be made; and WHEREAS, the Miami-Dade County Board of County Commissioners (the "Board") is empowered to regulate campaign contributions to, and expenditures on behalf of, candidates for I Mayor and the Miami-Dade County Board of County Commissioners; and 03 03/00 14:44 V3053726103 JITII URALES 2006 Alternate Agenda Item No. 4 (A) Page 2 WHEREAS, Miami -Dade County (the "County ") and its related agencies issue millions of dollars of bonds annually; and WHEREAS, the County employs and from time -to -time seeks proposals from, law firms with (1) nationally recognized bond counsel expertise to render the necessary legal opinions which qualify the County's obligations as tax - exempt thereby saving the County millions of dollars in interest costs, and (ii) experience with Security and Exchange Commission rules and regulations regarding disclosure which enables the law firms to act as disclosure counsel to the County; and WHEREAS. concern has been expressed in the municipal bond market that campaign contributions to state and local government officials may improperly influence the selection of public finance professionals; and WHEREAS, the Board is also concerned with the appearance of impropriety regarding undue influence by law firms to the detriment of the public interest when selecting bond counsel or disclosure counsel firms since the selection is highly contested due to the substantial fees to be earned and the prestige associated with such a designation; and WHEREAS, the County must enter into contracts each year for millions of dollars with the private sector in order to provide services to its citizens; and WHEREAS, many firms contract with the County regularly with respect to all types of goods and services after being selected as a result of a bidding, qualification or proposal process conducted by the County; and WHEREAS, the selection process -for County contracts is highly competitive with many firms lobbying County Commissioners in an attempt to obtain a County contract; and 03%03'00 14; 15 ^3033726103 JD DIY MORALES Alternate Agenda item No. 4 (A) Page 3 WHEREAS, the Board is concerned with the appearance of, and potential for, undue and unfair influence on the Mayor and the members of the Board by individuals and firms competing for County contracts which may taint the selection process; and WHEREAS, this Board previously prohibited campaign contributions by business entities, which includes law firms, in order to address this concern; and WHEREAS, the provisions of this ordinance will further eliminate the ,appearance of, and potential for, undue and unfair influence on the Mayor and the Board in the selection of. (1) bond counsel and disclosure counsel by prohibiting campaign contributions or expenditures by attorneys and their immediate family members; (ii) individual contractors by prohibiting campaign contributions by such individuals and their immediate family members; and (iii) firms by prohibiting campaign contributions and expenditures by certain individuals, officers, directors or general partners of such firms and their immediate fa,-nity members; and WHEREAS, to further prevent the appearance of impropriety and any undue influence on the selection process for County contracts, individuals or firms that have made campaign contributions or expenditures within twenty -four months from the date the selection process commences shall be prohibited from participating in that selection process; and WHEREAS, the Commission finds that the costs of running an effective campaign for elective office have reached a revel which tends to discourage persons from becoming candidates and limits the persons who run for elective office; and WHEREAS, the Commission further finds that campaign contributions generated by political committees are having a disproportionate impact vis -a -vis contributions from unaffiliated individuals, which leads to the misperception of government officials unduly influenced by those special interests to the detriment of the public interest; and SAM 03 03/00 14:46 b3053726103 JIII nY MORALES 2008 Alternate Agenda Item No. 4 (A ) Page 4 WHEREAS, the Commission intends that the provisions of this ordinance alleviate these factors, dispel the misperception, and encourage qualified persons to seek elective office who would not, or could not, otherwise do so, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA tbEat, Section:_ 1. Findings. The recitals to this Ordinance are incorporated as findings. Section 2, Definitions, The following terms, as used in this Ordinance, shall mean: a. "Contribution" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. b. "Controlling Financial Interest(s)" shall mean the ownership, directly or indirectly, of ten percent (10 %) or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent (10%) or more in a Firm. C. "Expenditure" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. d. "Firm(s)" shall mean a corporation, partnership, business trust or any legal entity other than a natural person. e. "Immediate Family Members" shall mean the spouse, parents and children of the person involved. f. "Individual Contractors" shall mean individuals who may enter into, or have entered into, a contract with the County in their individual capacity. Section 3. Limitations regarding bond counsel Firms and disclosure counsel Firms. It is unlawful for any attorney of a bond counsel Firm or disclosure counsel Firm employed by the County and his or her Immediate Family Members to make a campaign u: a: 5 v: 03/03 -`00 14:47 t^30a3726103 _ _ _ JIiPiY ?i0RALES 2009 Alternate Agenda Item No. 4 t A 1 Page 5 Contribution or Expenditure, zither directly, indirectly or through a political committee, in connection with the campaign of any candidate for Mayor or the Board of County Commissioners. Furthermore, it shall be unlawful for any candidate, political committee, or other person to knowingly accept or receive any campaign Contribution or Expenditure prohibitedbv this section. A Law Firm shall be prohibited from responding to any bid, request' for proposals, request for qualifications or any other selection process for bond counsel or disclosure counsel services if any of its attorneys or their Immediate Family Members either directly, indirectly or through a political committee, made a campaign Contribution or Expenditure in connection with the campaign of any candidate for Mayor or the Board of County Commissioners within twenty- four (24) months of the date on which the selection process commences. For the purposes of this Section, a campaign Contribution or Expenditure dra,vn from any fund or account in which monies are held shall be deemed a campaign Contribution or Expenditure from all parties named on the account or fund. Section 4. Limitation regarding Individual Contractors and Firms with a County contract. It is unlawful for (i) Individual Contractors and their Immediate Family Members and (ii) individuals with Controlling Financial Interests, officers, directors or general partners of Firms which have a contract with the County and their Immediate Family Members to make a campaign Contribution or Expenditure, either directly, indirectly or through a political committee, in connection with the campaign of any candidate for Mayor or the Board of County Commissioners. Furthemiore, it shall be unlawful for any candidate, political committee, or other person to knowingly accept or receive any campaign Contribution or Expenditure prohibited by this Section. 031/03%00 14:48 V3053726103 JIMMY MORALES Alternate Agenda Item No. 4 (A) Page 6 ( An Individual Contractor shall be prohibited from responding to any bid, request for proposals, request for qualifications or any other selection process if the Individual Contractor or any one of his or her Immediate Family Members, either directly, indirectly or through a political committee, made a campaign Contribution or Expenditure in connection with the campaign of any candidate for Mayor or the Board within twenty -four (24) months from the date the selection process commences. For the purposes of this Section, a campaign Contribution or Expenditure drawn from any fund or account in which monies are held shall be deemed a campaign Contribution or Expenditure from all parties named on the account or fund. A Firm shall be prohibited from responding to any bid, request for proposals, request for qualifications or any other selection process if any of the Firm's individuals with Controlling Financial Interests, officers, directors or general partners or their Immediate Family Members, either directly, indirectly or through a political committee, made a campaign Contribution or Expenditure in connection with the campaign of any candidate for Mayor or the Board within twenty -four (24) months from the date the selection process commences. For the purposes of this Section, a campaign Contribution or Expenditure drawn from any fund or account in which monies are held shall be deemed a campaign Contribution or Expenditure from all parties named on the fund or account. Section 5. Affidavit Regarding Campaign Contributions and Expenditures. Each Law Firm, Individual Contractor and Firm responding to a bid, request for proposals, request for qualifications, or any other selection process shall submit an affidavit on a form provided by the County stating that the Law Firm, Individual Contractor or Firm is in compliance with either Section 3 or Section 4, as applicable, of this Ordinance. Failure to file .1 U,2i)41 57 Z010 03; 03:'.00 14:49 .. ;- ^t�3053726103 JI3MY UR:ALES Z011 Alternate Agenda Item No. 4 ( A ) Page 7 the required affidavit shall deem a respondent non- responsive and, thereby, ineligible for consideration.. Section h. Election Campaign Financing Trust Fund. There is established the Election Campaign Financing Trust Fund to be utilized by the Miami -Dade County Department of Elections as provided in this ordinance. If necessary, each year in which a general election is to be held for the election of the Mayor or any county commissioner, additional. funds shall be transferred to the Election Campaign Financing Trust Fund from general revenues in an amount sufficient to fund qualifying candidates pursuant to this ordinance. Section 7. Election campaign financing; eligibility. Each candidate for the Office of Mayor of Miami -Dade County or the Board of County Commissioners of Miami -Dade County who desires to receive contributions from the Election Campaign Financing Trust Fund shall, upon qualifying for office, file a request for such contributions with the filing officer on forms provided by the Miami -Dade County Supervisor of Elections. If a candidate requesting contributions from the fiend desires to have such funds distributed by electronic fund transfers, the request shall include information necessary to implement that procedure. To be eligible to receive contributions from the fund, a candidate shall not be an unopposed candidate and shall: (I) Agree to abide by the expenditure limits provided in Section 8; (2) Qualify as a candidate pursuant to Chapter 99, Florida Statutes and Section 2.04 of the Home Rule Charter; (3) Limit loans or contributions from the candidate's personal funds to twenty -five thousand dollars ($25,000), which loans or contributions shall not qualif}, for meeting the threshold amounts in Section 7(5); -- 0- 3/'03i00 14:50 ^3053726103 JINX X ORAL ES 012 Alternate Agenda Item No. 4 � A ) Page 8 (4) Submit to a post- election audit of the campaign account by the Supervisor of Elections; and Mayor, (5) Raise contributions as follows: (a) One hundred thousand dollars ($100,000) for a candidate for (b) Twenty -five thousand dollars ($25,000) for a candidate for the Board of County Commissioners; or (6) Obtain the valid signatures of: (a) Voters in Miami -Dade County in numbers at least equal to five percent (5 %) of the registered voters in the County, as determined sixty (60) days prior to the first day of qualifying, where the person is a candidate for Mayor; (b) Voters in a particular "commission district in numbers at least equal to eight percent (8 %) of the registered voters in the particular commission district, as determined sixty (60) days prior to the first day of qualifying, where the person is a candidate for County Commissioner in said commission district. (c) The signatures shall be filed with the Supervisor of Elections who shall within 30 days canvass the signatures to determine their sufficiency. If the number of signatures is insufficient or the petition is deficient as to form or compliance with this Section; the Supervisor of Elections shall notify the person filing the petition that the petition is insufficient and has failed. Oit )41 w _ 03:03;`00 14:50 V3033726103 JIMMY MORALES Section 8. Expenditure limits. Z013 Alternate Agenda Item No. 4 (A) ' Page 9 (1) Any candidate for Mayor or the Board of County Commissioners who requests contributions from the Election Campaign Financing Trust Fund shall limit his or her total expenditures as follows: (a) Mayor: Five hundred thousand dollars ($500,000). (b) Board of County Commissioners: One hundred and- fifty thousand dollars ($150,000). (2) If a run -off election occurs, a candidate for Mayor may expend an additional two hundred and fifty thousand dollars ($250,000) for a total of seven hundred and fifty thousand dollars ($750,000), and a candidate for the Board of County Commissioners may expend an additional one hundred thousand dollars ($100,000) for a total of two hundred and fifty thousand dollars ($250,000). (3) The expenditure limit shall be adjusted by the Supervisor of Elections quadrennially to reflect the rate of inflation or deflation as indicated in the Consumer price Index for All Urban Consumers, U.S. City Average, All Items, 1967 =100, or successor reports as reported by the United States Department of Labor, Bureau of Labor Statistics. (4) For the purposes of this section, the term "expenditure" does not include the payment of compensation for legal and accounting services rendered on behalf of a candidate. (5) Any candidate who requests contributions from the Election Campaign Financing Trust Fund and subsequently exceeds the expenditure limit set forth in this section shall, within fifteen (15) days from the date the candidate exceeds the limit, pay to the Election Campaign Financing Trust Fund an amount equal to the amount of the excess contributions or 03/03%'00 14:51 V3053726103 JIMMY MORALES 8014 Alternate Agenda Item No. 4 (A ) Page 10 expenditures. Such amount shall not be an allowable campaign expense and shall be paid from personal funds of the candidate. However, if a nonparticipating candidate exceeds the expenditure limit as described in Section 8, a candidate signing the statement pursuant to this section may exceed the applicable expenditure limit to the extent the nonparticipating candidate exceeded the limit without being subjected to a penalty. Section 9. Distribution of funds. (1) The Supervisor of Elections shall review each request for contributions from the Election Campaign Financing Trust Fund and certify whether the candidate is eligible for such contributions. Notice of the certification decision shall be provided to the candidate. (2) An adverse decision may be appealed to a hearing examiner. The Supervisor of Elections shall adopt rules providing a procedure for such appeals. Hearing examiners shall be selected from a panel of retired judges who have served ten (10) or more years as Circuit Judges in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. Hearing examiners may be selected from alternate sources where the County Attorney recommends in writing that such action is necessary to achieve greater diversity. Appeals shall be filed with the Clerk of the Board and to the County Attorney within ten (10) days of the filing of the Supervisor of Elections' decision. Such appeal shall be in writing, shall state the particular grounds on which it is based, shall include all pertinent documents and evidence and shall be accompanied by a bond in the amount of five hundred dollars ($500) in a form and vvrith a surety acceptable to the Supervisor of Elections. Any grounds not stated shall be deemed waived. Such bond shall be retained by the Clerk of the Board and shall be returned at the conclusion of the appeal proceedings unless the hearing examiner imposes costs against the appellant and such costs are not separately paid by the appellant within fourteen (14) calendar days of the hearing 1 5i5 03/03!00 14:52 ^U3053726103 JIII3IF MORALES C�j O15 Alternate Agenda Item No. 4 ( A ) Page 11 examiner's decision. The decision of the hearing examines- shall be final unless appealed. The decision of the hearing examiner may be appealed pursuant to the Florida Rules of Appellate Procedure. (3) (a) Each candidate who has been certified to receive contributions from the Election Campaign Financing Trust Fund shall be entitled to distribution of funds as provided as follows: 1. Each candidate for the Board of County Commissioners who has satisfied the requirements of Section 7 shall be entitled to a contribution of seventy -five thousand ($75,000) dollars from the Election Campaign Trust Fund. If a run -off election occurs, a candidate who has satisfied the requirements of Section 7 and Section 8 shall be entitled to an additional fifty thousand dollars ($50,000). 2. Each candidate for the Office of Mayor who has satisfied the requirements of Section 6 shall be entitled to a contribution of two hundred and fifty thousand dollars ($250,000) from the Election Campaign Trust Fund. If a run -off election occurs, a candidate who has satisfied the requirements of Section 7 and Section 8 shall be entitled to an additional one hundred and twenty -five thousand dollars ($125,000). (4) (a) Certification and distribution of funds shall be based upon the eligibility criteria provided in Section 7. The Supervisor of Elections shall review each report prior to authorizing the release of funds. The Supervisor of Elections may prescribe separate reporting forms for candidates for Mayor and the Board of County Commissioners. (b) A candidate -who is eligible for a distribution of funds based upon qualifying contributions received and certified to the Supervisor of Elections as provided in this Ordinance, may obligate funds not to exceed the amount which the campaign treasurer's report 03/03!00 14:53 $3053726103 JI31 -IfY MORALES Alternate Agenda Item No. 4 (A ) Page 12 shows the candidate is eligible to receive from the Election Campaign Financing 'Trust Fund without the funds actually being on deposit in the campaign account. (5) Distribution of funds shall be made within seven (7) days after the close of qualifying. For run -off elections, distribution of funds shall be seven (7) days from the date of the initial election. (6) The Supervisor of Elections shall adopt rules relating to reports, the timing and form of signature petitions as provided in Section 7(6), certification and distribution of funds required by this Section. Such rules shall, at a minimum, provide for: (a) Specifications for printed campaign treasurer's reports outlining the format for such reports, including size of paper, typeface, color of print, and placement of required information on the form. i(6) (b) The timing and form of signature petitions as provided in Section Section l0: Candidates voluntarily abiding by election campaign financing limits but not requesting public funds; irrevocable statement required. (1) Not later than qualifying for office, each candidate for the Office of Mayor or the Board of County Commissioners who has not made a request to receive contributions from the Election Campaign Financing Trust Fund, but who wishes to voluntarily abide by the applicable expenditure limit set forth in Section 8 and the contribution limits on personal funds set forth in Section 7, shall file an irrevocable statement to that effect with the Supervisor of Elections. (2) Any candidate who files such a statement and subsequently exceeds such limits shall, within fifteen (15) days from the date the candidate exceeds the limit, pay to the Z016 03 %03!00 14:54 d3053726103 JIMMY MORALES Alternate Agenda Item No. - 4 (A) Page l3 Election Campaign Financing Trust Fund an amount equal to the amount of the excess contributions or expenditures. Such amount shall not be an allowable campaign expense and shall be paid from personal funds of the candidate. However, if a nonparticipating candidate exceeds the expenditure limit as described in Section 8, a candidate signing the statement pursuant to this Section may exceed the applicable expenditure limit to the extent the nonparticipating candidate exceeded the limit without being subjected to a penalty. Section 11. Nonparticipating candidate exceeding limits. Whenever a candidate for Mayor or the Board of County Commissioners who has elected not to participate in election campaign financing under the provisions of this Ordinance exceeds the applicable expenditure limit provided in Section 8, all opposing candidates participating in such election campaign financing are, notwithstanding the provisions of Section 7 or any other provision requiring adherence to such limit, released from such expenditure limit. Section 12. Electronic reporting and posting. Candidates for the Offices of Mayor or Board of County Commissioners shall file their Campaign Treasurer's Reports on diskettes or CD -ROMs simultaneously with and in addition to an original signed report as required by Section 106.07, Florida Statutes. Campaign Treasurer's Reports on diskettes or CD -ROMs shall be in the same format as the original signed report. The Campaign Treasurer's Reports submitted by candidates for the Office of Mayor and County Commissioner shall be posted on the Supervisor of Elections' Website within three (3) days of receipt of the diskettes or CD -ROMs by the Supervisor of Elections, provided, that diskettes or CD -ROMs required to be filed within four (4) days of an election shall be posted on the Supervisor of Election's Website within two (2) days of the election. r1 t Alternate Agenda Item No. 4 (A ) Page 14 ( Section 13. Penalties. (a) In addition to any other penalties which may be applicable, any individual who violates Sections 3, 4, 7 and 8 shall be subject to a fine up to five thousand dollars ($5,000) or imprisonment not to exceed three hundred and sixty -four (364) days, or both. (b) In the event an attorney of a bond counsel Firm or disclosure counsel Firm which has a contract with the County or any one of his or her Immediate Family Members violates this ordinance, the bond counsel Firm or disclosure counsel Firm shall also be prohibited from serving as bond counsel or disclosure counsel for the County for two (2) years from the date the person violating this ordinance pleads guilty, nolo contendere, or is found guilty . (regardless of whether adjudication is v�rithheld) of a violation of this ordinance. (c) In the event an Individual Contractor or any one of his or her Immediate Family Members violates this ordinance, the Individual Contractor shall also be prohibited from entering into a contract with the County for two (2) years from the date the person violating this ordinance pleads guilty, nolo contendere, or is found guilty (regardless of whether adjudication is withheld) of a violation of this ordinance. (d) In the event an individual with Controlling Financial Interests, officer, director or general partner of a Firm which has a contract with the County or any one of their family members, violates this ordinance, the Firm shall also be prohibited from entering into a contract with the County for two (2) years from the date the person violating this ordinance pleads guilty, nolo contendere, or is found guilty (regardless of whether adjudication is withheld) of a violation of this ordinance. (e) Any candidate for the Office of Mayor or the Board of County Commissioners who accepts a contribution prohibited by this Ordinance shall, within the later of L ORUa( iy.T 3100 14:56 CaV3053726103 JLNif5' MORALES Z019 Alternate Agenda Item No. 4 (A) Page 15 fifteen (15) days of receipt of said contribution or ten (10) days of knowledge thereof, return the r' contribution to the contributor. Section 14. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 15_ It is the intention of the Board of County Commissioners, and it is ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word. "ordinance" may be changed to "section," "article," or other appropriate word. Section 16. The provisions of this Ordinance shall be applicable to all campaigns for Mayor and the Board, provided, however, that any election in the year 2000 is exempt. Section 17. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Section 18. This ordinance does not contain a sunset provision. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: Prepared by:'' Sponsored by Commissioner Jimmy L. Morales .1.•VRD411595 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 313/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 3/7/00 City Manager Everglades Restoration THE REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMPREHENSIVE EVERGLADES RESTORATION PROJECT; URGING THE ARMY CORPS OF ENGINEER AND THE STATE OF FLORIDA WATER MANAGEMENT DISTRICT TO MAINTAIN OR ENHANCE EXISTING WATER LEVELS OF FLOOD PROTECTION IN ALL URBAN, AGRICULTURAL AND ENVIRONMENTAL PRESERVATION AREAS; PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Commissioner Russell urges the Army Corp of Engineers and the State of Florida Water Management district to commit to the people of South Florida and act to ensure the proposed components of the "plan" will maintain or enhance existing levels of flood protection in all urban, agricultural and environmental preservations areas, and that the projects will not result in adverse water quality or flooding impacts anywhere in South Florida. Flood protection is part of the mission of the South Florida Water Management District and limited evaluation of flooding impacts in urban and agricultural areas was conducted in the development of the Comprehensive Everglades Restoration Project (CERP). The impact of implementation of the CERP is not known at this time and significantly areas of South Florida are subject to frequent and severe flooding. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMPREHENSIVE EVERGLADES RESTORATION PROJECT; URGING THE ARMY CORPS OF ENGINEER AND THE STATE OF FLORIDA WATER MANAGEMENT DISTRICT TO MAINTAIN OR ENHANCE EXISTING WATER LEVELS OF FLOOD PROTECTION IN ALL URBAN, AGRICULTURAL AND ENVIRONMENTAL PRESERVATION AREAS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wholeheartedly recognizes the importance of a restored Everglades as a State and national priority, along with the fair distribution of water to urban users and agriculture, and WHEREAS, flood protection is part of the mission of the South Florida Water Management District, and limited evaluation of flooding impacts in urban and agricultural areas was conducted in the development of the Comprehensive Everglades Restoration Project (CERP), and WHEREAS, current funding proposals for the CERP do not allocate costs equitable among all State, regional and local interests, and require adjustment, and WHEREAS, the Comprehensive Everglades Restoration Project has numerous projects proposed within the area of the Lower East Coast which benefit the overall system but which are expensive to construct, operate and maintain, e.g. two wastewater re -use plants planned to be located in Miami -Dade County, and, WHEREAS, the impact of implementation of the CERP on flooding is not known at this time and significant areas of South Florida are subject to frequent and severe flooding. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City of South Miami fully supports the restoration of the Everglades ecosystem, along with the fair distribution of water to urban and agricultural users. Additions shown by underlining and deletions shown by everstr- iki . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 2, The City of South Miami re- affirms that a fundamental guiding principle for the entire Everglades restoration effort shall be "Shared Benefit, Shared Adversity ". Section 3. The non - Federal funding of the Comprehensive Everglades Restoration Program should be equitable shared throughout the State of Florida and the costs of operations, maintenance and monitoring be shared with the federal government. Section 4. The availability of the regional water resource for all users be equitably distributed, leaving no one interest or location unfairly dependent on particularly expensive and technically- uncertain sources. Section 5. That the Army Corps of Engineer and the South Florida Water Management District must commit to the people of South Florida and act to ensure the proposed components of the plan will maintain or enhance existing levels of flood protection in all urban, agricultural and environmental preservation areas, and that the projects will not result in adverse water quality or flooding impacts anywhere in South Florida. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 2 MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: March 3, 2000 Agenda Item # '2 From: Charles D. Scurr C001 Comm Mtg. 3 -7 -00 City Manager Re: Consultant billing REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO SETTING GUIDELINES FOR HOURLY CONSULTANT INVOICES TO PROVIDE CERTAIN MINIMUM INFORMATION AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: This resolution is placed before the City Commission for consideration at the request of Vice Mayor Feliu. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; SETTING GUIDELINES FOR HOURLY CONSULTANT INVOICES TO PROVIDE CERTAIN MINIMUM INFORMATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to establish guidelines for consultants billing on an hourly rate; and, WHEREAS, The City Commission wishes to have the invoices broken down by task and by reasonable unit of time. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. Invoices for all consulting services charged at an hourly rate shall, at a minimum, provide the following information: (a) Time entries in not less than fifteen minute increments; (b) A concise narrative of activity performed, including a description of meetings, telephone calls made, and the subject matter of all meetings, calls and work performed for each time entry; and, (c) Identify and submit copies, as appropriate, of all work products completed during the billing period. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2000. APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by ev fstfik �. TO: Mayor and City Commission FROM: Charles D. Scurf CCO4 City Manager , Request DATE: March 2, 2000 Re: AGENDA ITEM # CONTRACT BETWEEN CITY OF SOUTH MIAMI AND TEENAGE PREGNANCY PREVENTION CENTER, INC. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH TEEN PREGNANCY PREVENTION CENTER, INC. TO PROVIDE COUNSELING, PREVENTION, EDUCATION, REFERRAL SERVICES, PREGNANCY AND CONFIDENTIAL HIV TESTING. Background and Analysis The Teen Pregnancy Prevention Center (TPPC) began its tenure in the campaign to reduce teenage pregnancy and HIV awareness in December 1994. The center is a private nonprofit organization that pinpoints the family and environmental conditions that place them at risk of teenage pregnancy and HIV infection. The program focuses its efforts in motivating teen youths to return to school and /or participate in technical programs with the opportunity for upward mobility. The Teen Pregnancy Prevention Center was founded by Kalenthia Nunnally who has developed this project based on her first hand knowledge of the needs and gaps in services within the community. The City Commission recognizes the need to providing HIV and Teenage Pregnancy education, counseling and awareness. This program will assist those individuals that are in need of assistance and guidance as well as practicing preventative measures in an effort to reduce the spread of HIV within our community. Providing these services would be a benefit to the residents and the community as a whole. The City has considered the benefits of hiring a city staff person to provide these services versus contracting with a non - profit. It appears advantageous to contract with TPPC. In addition to their proven track record in the community, they are committing to provide more than one staff person for a minimum of 48 hours per week. The South Miami program will be physically headquartered in the South Miami Gardens / Miami -Dade HUD Development located at 5953 SW 61St Court. The City's annual cost would be $30,000, funds would come from Seed Fund Account No. 01- 2100 -519 -8310, which has an account balance of $74,625.00. Recommendation Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; SETTING GUIDELINES FOR HOURLY CONSULTANT INVOICES TO PROVIDE CERTAIN MINIMUM INFORMATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to establish guidelines for consultants billing on an hourly rate; and, WHEREAS, The City Commission wishes to have the invoices broken down by task and by reasonable unit of time. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. Invoices for all consulting services charged at an hourly rate shall, at a minimum, provide the following information: (a) Time entries in not less than fifteen minute increments; (b) A concise narrative of activity performed, including a description of meetings, telephone calls made, and the subject matter of all meetings, calls and work performed for each time entry; and, (c) Identify and submit copies, as appropriate, of all work products completed during the billing period. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: Contract being finalized - To be provided on 3/6/00 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3/00 AGENDA ITEM # b FROM: Charles D. Scurr _ *40 Comm. Mtg. 3 /7/00 City Manager G!'�'' Community Relations Board THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY RELATIONS BOARD; AMENDING SECTION 2.26.6 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES; ENTITLED "COMMUNITY RELATIONS BOARD; CHANGING THE MEMBERSHIP FROM 15 TO 17 MEMBERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. BACKGROUND The attached ordinance sponsored by Mayor Robaina, was on for first reading at the February 15' Commission Meeting however, Attorney Gallop advised more verbiage was needed in the title. Therefore, this item being considered again on first reading amends Section 2.26.6 of the Code of Ordinances to: 1) increases the membership of the Community Relations Board from 15 to 17 members; 2) provides that the two additional appointees shall be individuals between the ages of 18 and 25. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO COMMUNITY RELATIONS BOARD; AMENDING SECTION 2 -26.6 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES ENTITLED "COMMUNITY RELATIONS BOARD "; CHANGING THE MEMBERSHIP FROM 15 TO 17 MEMBERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Section 2 -26.6 (a) of the City of South Miami Code of Ordinances currently provides that the composition of the Community Relations Board shall be comprised of fifteen (15) members. The members shall be diverse, religious, and ethnic. WHEREAS, the Mayor and City Commission of the City of South Miami desire to increase the membership by two (2) additional members between the ages of (18 -25). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 2 -26.6 (a) of the South Miami Code of Ordinances is hereby amended to read as follows: "Sec. 2 -26.6 Community Relations Board (a) Created. There is hereby created a community relations board for the City. Said Board shall consist of 475 17 members, with two appointees between the ages of 18 and 25. The members shall be diverse religious, and ethnic. These individuals shall be selected because of their leadership role in their own groups." Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. 1 2 Section 4. This ordinance shall take effect immediately 3 upon approved. 4 5 PASSED AND ADOPTED this day of 6 7 8 ATTEST: 9 10 11 12 13 CITY CLERK 14 15 1St Reading - 16 2 Reading - 17 18 READ AND APPROVED AS TO FORM: 19 20 21 CITY ATTORNEY 22 Approved: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Russell: Commissioner Russell: 2000. 5 § 2 -26.5 SOUTH MIAMI CODE § 2 -26.6 get based upon the estimated cost of public improve - ments; recommend ways and means of financing such public improvements and the objective' priority for their provisions; utilize the comprehensive land use plan infor- mation in analyzing land use, population trends, eco- nomic pressure and general development potential in terms of the financial capital of the city in making public improvement projects. (f) There shall be a commission liaison to the board. (Ord. No. 1293, §§ 1 -6, 9- 15 -87; Ord. No. 1424, §§ 1, 2, 6 -6 -89; Ord. No. 1446, §§ 1 -6, 3 -6 -90) Sec. 2 -26.6. Community relations board. (a) Created. There is hereby created a community relations board for the city. Said board shall consist of 15 members. The members shall be diverse religious, and ethnic. These individuals shall be selected because of their leadership role in their own groups. (b) Appointment and terms of members. Members of said board shall be appointed by the mayor with the advice and consent of the city commission and shall serve until March 1, 2000. Appoin- tees shall thereafter serve for a period of two years or until their successor is appointed, whichever comes later. (c) Chairman and vice - chairman. The- members shall meet promptly and select a chairman and vice- chairman by a majority vote of the board. (d) Quorum. A quorum for meeting of the board shall be a majority of the members of the board. (e) Duties. The duties of the board shall be as follows: (1) Meet at least once every three months. (2) To foster mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs, age and ethnic groups in the city. (3) To make studies in the field of human relations. Supp. No. 56 20.2 § 2 -26.6 ADMINISTRATION § 2 -26.7 (4) To attempt to act as conciliator in controversies involving community relations. (5) To co- operate with federal, state, county and city agencies in developing harmonious community relations. (6) To co- operate in the development of educational programs dedicated to the improvement of community relations with and to enlist the support of civic leaders; civic, religious, veterans, labor industrial, commercial and el- eemosynary groups; and private agencies engaged in the inculcation of ideals of tolerance, mutual respect and understanding. (7) To make studies, and to have studies made, in the field of community relations, and to prepare and disseminate reports of such studies. (8) To recommend the city commission such ordinances as will aid in carrying out the purposes of this section. (9) To submit an annual report to the manager and city commission. (10) To accept grants and donations in behalf of the city from foundations and others for the purpose of carrying out the above listed functions, subject to approval by the city commission. (Ord. No. 1136; §§ 1 -5, 4- 20 -82; Ord. No. 11 -98 -1659, § 1, 7- 21 -98; Ord. No. 17 -98- 1665, § 1, 9- 15 -98) Sec. 2 -26.7. Commercial development board. (a) There is hereby created a commercial development board of the City of South Miami, Florida. Said board shall consist of ten (10) members. (b) Initial members of said board shall be appointed by the mayor with the advice and consent of the city commission and shall serve until March 1, 1991. Subsequent appointees shall thereafter serve for a period of two (2) years or until their successor is appointed. (c) Members shall select a chairperson and vice chairperson by a majority vote of the board. Supp. No. 56 20.3 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3//00 rcw AGENDA ITEM # � 07 FROM: Charles D. Scurr Comm. Mtg. 317/00 City Manager 0 Pension Board THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION BOARD; AMENDING SECTION 16 -20(a) OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES ENTITLED "PENSION BOARD "; CHANGING THE MEMBERSHIP FROM FIVE TO SEVEN MEMBERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. BACKGROUND The attached ordinance sponsored by Mayor Robaina, was on for first reading at the February 15' Commission Meeting however Attorney Gallop advised more verbiage was needed in the title. Therefore, this item being considered again for first reading amends Section 16 -20(a) of the Code of Ordinances to: 1) increase the membership of the Pension Board from five to seven members; 2) provides that the two additional appointees shall be individuals with financial backgrounds; 3) provides for the appointment of two active employees by the Mayor with the advice and consent of the City Commission; and 4) provides for the designated appointment of one active employee by the City Manager. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO PENSION 5 BOARD; AMENDING SECTION 16 -20 (a) OF THE CITY OF SOUTH 6 MIAMI CODE OF ORDINANCES, ENTITLED "PENSION BOARD "; 7 CHANGING THE MEMBERSHIP FROM FIVE TO SEVEN MEMBERS; 8 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 9 AND AN EFFECTIVE DATE. 10 11 WHEREAS, Section 16 -20(a) of the City of South Miami Code of Ordinances 12 currently provides that the composition of the Pension Board shall be comprised of five 13 (5) members consisting of the Mayor; one (1) active employee of the City and two (2) 14 citizens electors of the City, all to be appointed by the Commission, and one (1) active 15 employee of the City elected by a majority of the active employees of the City; and 16 17 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 18 increase the membership by two (2) additional members with fmancial backgrounds; and 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 23 Section 1. Section 16 -20 (a) of the South Miami Code of Ordinances is hereby 24 amended to read as follows: 25 26 "Sec. 16 -20. Pension Board 27 (a) The pension board shall be comprised of fwe (5) seven 7 members 28 consisting of the Mayor-, two active employees of the City1 two 29 (2) citizen electors of the City, and two . individuals with financial 30 backgrounds all to be appointed by the moor with the advice and consent 31 of the City Commission, and the app_ointment_of one (1) active employee of 32 the City 33 *',�P *�—.desi anted by the City Manger. No pension board member 34 shall receive any compensation or emolument for services on the pension 35 board. with the excepts(,,, o f the m �r Tlhe board members shall each AVVl,/V1V11 vi war llais�vi, _ 36 serve for a period of two years, or until their successors are appointed, 37 which appointment shall be evidenced by an acceptance in writing or such 38 appointment. The MayeF and GewAmission shall as an 39 40 , 41 42 . A member of the pension board may 43 resign by delivering his written resignation to the city clerk, and such Additions shown by underlining and deletions shown by everst g. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 resignation shall become effective upon its delivery or at a later date specified therein. If, at any time there shall be a vacancy in the membership of the board, provided there are not less than ee (4) five 5 members, the board shall continue to act until such vacancy is filled as provided above. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK lst Reading — 2 °d Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Additions shown by underlining and deletions shown by ever—s*r—Adng. § 16 -20 PENSIONS § 16 -20 two (2) citizen electors of the city, all to be appointed by the city commission, and one (1) active employee of the city elected by a majority of the active employees of the city as defined in this section. No pension board member shall receive any compensa- tion or emolument for services on the pension board. With the exception of the mayor, the board members shall each serve for a period of two (2) years, or until their successors are appointed, which appointment shall be evidenced by an acceptance in writ- ing of such appointment. The mayor and commission shall serve as an interim pension board until appointment and qualification of the board as provided herein, exercising all duties and prerog- atives of said board, provided that, the board shall be appointed and qualified within thirty (30) days from the date of this section (August 5, 19861. A member of the pension board may resign by delivering his written resignation to the city clerk, and such res- ignation shall become effective upon its delivery or at a later date specified therein. If, at any time there should be a vacancy in the membership of the board, provided there are not less than three (3) members, the board shall continue to act until such vacancy is filled as provided above. (b) The board shall hold meetings upon such notice, at city hall, and at such times as its members may from time to time determine. A majority of the members of the board at the time in office shall constitute a quorum for the transaction of business. All action taken by the board at any meeting shall be by vote of the majority of its members present at such meeting; provided, however, the board may act without a meeting by unanimous action of its members evidenced by a resolution signed by all such members. (c) Subject to the terms of this plan, the pension board may from time to time adopt bylaws, rules and regulations for the administration of the plan and the conduct and transaction of its business and affairs. (d) The pension board shall have such powers as may be nec- essary to discharge its duties hereunder; including but not lim- ited to, the power to interpret and construe the plan, to determine all questions of eligibility for benefits, duration of employment, computation of benefits, value of benefits and similarly related Supp. No 50 228.14.1 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: March 1, 2000 Charles Scurr, City Manager 1 From: Earl G. Gallop Re: Proposed Ordinance 02 df Junked and Abandoned Vehicles SUBJECT: The existing procedures relating to junked and abandoned vehicles are cumbersome, time - consuming, and often ineffective. The proposed ordinance creates procedures that are consistent with the recent, revised code enforcement ordinance, provides speedier, efficient means for disposing of abandoned vehicles, and protects rights of owners and lienholders of vehicles. DISCUSSION: The proposed ordinance repeals existing Sections 15- 35.1 -15 -35.4, and replaces them with Section 15 -35.1, entitled "Nuisance Declared For Abandoned Vehicles." Section 15- 35.1(a) declares abandoned vehicles to be a public nuisance. Section 15- 35.1(b) provides definitions. Section 15- 35.1(c) provides standards and evidence which make it easier for a code enforcement officer to establish that a.vehicle is abandoned. Section 15- 35.1(d) makes the owner of an abandoned vehicle, together with the owner and responsible occupant of the real property upon which it is located, jointly and severally liable for compliance with the ordinance and for payment of fines and costs to the city for removal and disposing of abandoned vehicles. Section 15- 35.1(e) incorporates the notice of civil infraction and citation system that exists in the recently amended ordinance, but eliminates the grace period and directs the code enforcement officer to give the offender 72 hours in which to correct the violation. The time for taking an appeal to the code enforcement board is shortened to the same 72 hours in which the notice is given. Section 15- 35.1(f) requires the violator to remove the vehicle within the 72 hour notice, or within 48 hours after the code enforcement board affirms the citation. If the vehicle is not removed within the prescribed times, the city has the power to take immediate possession of the vehicle and remove it from the private property. Section 15- 35.1(g) contains detailed provisions forgiving notice to the owner and other interested parties of the removal of the vehicle by the city and the subsequent sale of the vehicle. Section 15- 35.1(h) provides for appraisal of the vehicle by the code enforcement officer, summary disposition by the city manager if the value is less than $1,000, and public sale if the value exceeds $1,000. Section 15- 35.1(i) provides for c Mayor and City Commission Charles Scurf, City Manager February 11, 2000 Page 2 priority of lien, recording and foreclosing of liens against property owned by the owner of the vehicle, and the owner and occupant of the property upon which it was located. Section 15- 35.10) grants to the code enforcement officer immunity from prosecution of civil actions for entering upon private party to inspect and remove an abandoned vehicle. Section 15- 35.1(k) allows the code enforcement officer to use the alternative procedures of § 705.103, Fla. Stat. et seq, for removing and disposing of vehicles abandoned on public property. See memorandum from EAB dated February 11, 2000. The current version of the proposed ordinance was revised to clarify that the ordinance requires vehicles at auto repair shops to be screened from public view, and to accept certain recommended changes by A.C. Feldman and others. RECOMMENDATION: Approve the proposed ordinance on first reading and schedule second reading for public hearing and final action. Attachment cc: Code Enforcement Board Assistant Chief Greg Feldman Sonia Lama, Director I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ABANDONED AND JUNKED VEHICLES; CREATING A NEW 6 SECTION 15 -35.1, ENTITLED "NUISANCE DECLARED FOR 7 ABANDONED VEHICLES "; PROHIBITING STORING, PARKING OR 8 LEAVING ABANDONED VEHICLES ON PRIVATE PROPERTY; 9 PROVIDING FOR DEFINITIONS, NOTICE, REMOVAL AND 10 DISPOSITION OF ABANDONED VEHICLES; PROVIDING FOR 11 ALTERNATIVE REMEDIES AND IMMUNITY OF CODE 12 ENFORCEMENT OFFICERS FROM PROSECUTION FOR TRESPASS 13 AND OTHER ACTIONS; REPEALING SECTION 15 -35.1, ENTITLED 14 "JUNKED, WRECKED, ABANDONED VEHICLES, KEEPING ON 15 PRIVATE PROPERTY PROHIBITED; REPEALING SECTION 15- 16 35.2, ENTITLED "SAME— REMOVAL; NOTICE "; REPEALING 17 SECTION 15 -35.3, ENTITLED "ADOPTION OF STATUTES 18 RELATIVE TO ABANDONED, WRECKED PROPERTY ADOPTED BY 19 REFERENCE"; REPEALING SECTION 15 -35.4, ENTITLED "SAME - 20 ENFORCEMENT EXPENSES, CONSTITUTE LIEN [ON] VEHICLE IN 21 VIOLATION AND REPEALING SECTION 15 -35.5, ENTITLED 22 "CITY MANAGER RESPONSIBLE FOR IMPLEMENTATION OF 23 SECTIONS 15 -35.1 THROUGH 15- 35.4" OF THE CITY OF SOUTH 24 MIAMI CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, 25 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 26 27 28 WHEREAS, the Mayor and City Commission of the City of South Miami 29 recognize that inoperable and abandoned vehicles on private property are a public 30 nuisance which detract from the city's hometown atmosphere and contribute to urban 31 blight and decay; and, 32 33 WHEREAS, the existing provisions of the City of South Miami Code of 34 Ordinances relating to removing junked, wrecked and abandoned vehicles (collectively 35 referred to as abandoned vehicles) on private property have proved to be cumbersome 36 and ineffective; and, 37 38 WHEREAS, the Mayor and City Commission desire to enact an ordinance that 39 prohibits parking, storing or leaving any abandoned vehicle on private or public property, 40 and provides for the effective removal and disposal of abandoned vehicles. 41 42 1 Additions shown by underlining and deletions shown by e;wstgr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32. 33 34 35 36 37 38 39 40 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 15 -35.1, entitled "Junked, wrecked, abandoned vehicles, keeping on private property— Prohibited; section 15 -35.2, entitled "Same.— Removal; notice "; section 15 -35.3, entitled "Adoption of statutes relative to abandoned, wrecked property adopted by reference "; section 15 -35.4, entitled "Same— Enforcement expenses, constitute lien [on] vehicle in violation"; and section 15 -35.5, entitled "City manager responsible for implementation of sections 15 -35.1 through 15- 35.4" of the city code of ordinances are repealed. Section 2. Section 15 -35.1, entitled "Nuisance declared for abandoned vehicles" is created to read: Sec. 15- 35.1(a). Abandoning vehicles prohibited; abandoned vehicles declared to be a public nuisance. No person shall abandon any vehicle, whether attended or not, on any public or private property within the city for a period of time in excess of 72 hours. The presence of abandoned vehicles or parts of abandoned vehicles on property is declared to be a public nuisance which may be abated by the City of South Miami in accordance with the provisions of this section. This section does not apply to vehicles that are: (1) parked or stored in a building or a carport; (2) held by a business enterprise lawfully licensed by the city to service and repair vehicles and properly operating in a zoning district that allows such use and the vehicles are screened from view from a public street - level right of way or easement; (3) parked or stored on public property by the city; or, (4) not more than 2 ancient, antique, or collectible vehicles that are kept by the owner for collection purposes and are screened from public view. Seca 15- 35.1(b). Definitions. (1) "Abandoned motor vehicle" means any motor vehicle that is left on public or private property for a period of more than 72 hours, regardless of whether the vehicle is wrecked, damaged or inoperable, and regardless of whether the vehicle bears a current license plate and vehicle registration. 2 Additions shown by underlining and deletions shown by e*@;AP 1 (2) "Ancient, antique, or collectible motor vehicle" means any motor vehicle that 2 is registered with the state of Florida pursuant to § 320.086, Fla. Stat. 3 4 (3) "Code enforcement officer" has the meaning given to the term in Sec. 2- 5 25(x)(2). 6 7 (4) "Inoperable motor vehicle" means a motor vehicle that does not have affixed 8 to it a current license plate and vehicle registration; provided, however, this 9 definition shall not apply to vehicles that are owned or leased by an automobile 10 dealer who possesses a current, valid occupational license and the vehicles are 11 stored on property which is properly zoned and approved for use as an 12 automobile dealership. 13 14 (5) "Motor vehicle" means a vehicle or conveyance that is self - propelled and 15 designed to travel along the ground, and includes, but is not limited to, 16 automobiles, buses, mopeds, motorcycles, trucks, tractors, go- carts, golf carts, 17 campers, motor homes, and trailers. The term "motor vehicle" also includes 18 boats and jet skis. 19 20 (6) "Private property" means any real property within the city that is privately 21 owned and which is not subject to a public access easement. 22 23 (7) "Wrecked motor vehicle" means any motor vehicle that is wrecked, damaged, 24 dismantled, partially dismantled, and incapable of operation by its own power 25 at the time a notice is issued, or from which two or more of the wheels, engine, 26 transmission or any other substantial part has been removed. 27 28 29 Sec. 15- 35.1(c). Standards and evidence. 30 31 (1) It is a violation of this section to abandon any vehicle, whether attended or 32 not, on any public or private property within the city for a period of time in 33 excess of 72 hours. Evidence may include, but is not limited to, factors such 34 as: vehicles being wrecked; inoperative as evidenced by vegetation 35 underneath as high as the vehicle body or frame; refuse or debris collected 36 underneath or the vehicle being used solely for storage purposes; if it is 37 partially dismantled, having no engine, transmission or other major parts; 38 having parts that are dismantled; or being in a physical state rendering it 39 inoperative or unsightly to the neighborhood. If the primary evidence of 40 abandonment is vegetation growing under the vehicle, the code enforcement 41 officer shall use his or her training and experience to determine whether, 42 under the totality of the circumstances, the vehicle is in a state of 43 abandonment. The absence of a valid license plate or sticker for the current 3 Additions shown by underlining and deletions shown by e,�L. I year and, or, the absence of a current motor vehicle registration certificate 2 shall be prima facie evidence that the vehicle is abandoned; however, the 3 presence of a current license plate, sticker -or registration shall not, by itself, 4 mean that the vehicle is not abandoned. 5 (2) Nothing in this section shall be construed as permitting the violation of other 6 provisions of the city codes, including, but not limited to, outside storage 7 requirements, junkyard provisions and lot cleaning standards. 8 9 10 Sec. 15- 35.1(d). Responsibility for compliance. 11 12 The owner, agent and, or, tenant of the property on which violation of this section 13 occurs, and the owner of the abandoned vehicle, shall be jointly and severally 14 liable for compliance with the requirements of this section, and for fines and 15 penalties issued under any provision of the city's codes. 16 17 18 Sec. 15- 35.1(e). Notice of civil infraction and citation; appeals to code 19 enforcement board. 20 21 (1) The code enforcement officer shall give a civil infraction notice as provided in 22 Sec. 2 -25(d) of the City of South Miami code (the city's code enforcement 23 ordinance) and simultaneously issue a citation. The notice and citation shall 24 be given in the manner provided in the code enforcement ordinance and also 25 shall be affixed to the vehicle. In the event the abandoned vehicle is located 26 on private property, the notice and citation, where practicable, shall be 27 delivered to the owner of the property and to the occupant of the property if 28 the occupant can be determined. Further, the notice and citation shall require 29 the owner of the abandoned vehicle, and the owner and occupant of the private 30 property, if they are given notice, to correct the violation by removing and 31 properly disposing of the vehicle within 72 hours of the time listed on the 32 notice. The notice and citation may be combined in a single document. 33 (2) The code enforcement officer may order the abandoned vehicle removed in 34 less than 72 hours when the violation is a repeat violation, presents a serious 35 threat to the public health, safety and welfare, when the vehicle is an 36 inoperable or wrecked motor vehicle, or when the vehicle is moved to another 37 location and continues to be an abandoned vehicle as defined in this section. 38 The movement of an abandoned vehicle to another location that is in violation 39 of this section constitutes a separate offense. 40 (3) Appeals to the code enforcement board must be taken within the 72 hours of 41 affixing the civil infraction notice and citation on the vehicle. An appeal stays 42 all enforcement proceedings for removal and disposal of the vehicle until an 43 order of the code enforcement board is entered; provided, however, that in the 4 Additions shown by underlining and deletions shown by @ *@;�v I event the code enforcement officer has ordered the vehicle removed in less 2 than 72 hours on the basis that it presents a serious threat to the public health, 3 safety and welfare, an appeal will not stay the removal of the vehicle. The 72- 4 hour appeal requirement shall not include legal holidays and weekends. 5 6 7 Sec. 15- 35.1(f). Compliance with order to remove; removal by city upon 8 noncompliance. 9 10 Within the time for removal stated in the notice and citation, or within 48 hours of 11 the time in which the order on appeal is affirmed by the code enforcement board 12 and the order is signed by the board's chairperson, the owner of the abandoned 13 vehicle, and the owner and, or, occupant of the private property on which the 14 vehicle is located, shall cause the vehicle to be removed and properly disposed. If 15 the violation is not remedied within the times stated in this paragraph, the code 16 enforcement officer shall have the power to take possession of the vehicle and 17 remove it from the premises. A code enforcement officer shall enter onto private 18 property to remove an abandoned vehicle only upon the advice and direction of 19 the city attorney. In the event of removal of the vehicle by the code enforcement 20 officer, and the disposition of the vehicle by the city, the owner of the vehicle, and 21 the owner and, or, occupant of the private property from which the vehicle is 22 removed shall be jointly and severally liable for the expenses incurred by the city. 23 24 25 Sec. 15- 35.1(g). Notification of owner and other interested parties following 26 removal by city. 27 28 (1) Notice to owner. The code enforcement officer, after taking possession of a 29 vehicle, shall give notice of possession and disposition to the registered owner 30 of the vehicle by certified mail, return receipt requested, at the owner's last 31 known address, within 15 days of the date the city takes possession of the 32 vehicle. A copy of the notice shall also. be given to the owner and, or, 33 occupant of the property from which the vehicle was taken. 34 (2) Notice to Florida Department of Highway Safety & Motor Vehicles and lien 35 holders. The code enforcement officer shall also contact the Florida 36 Department of Highway Safety & Motor Vehicles to ascertain the names and 37 addresses of other persons who hold a record interest in the vehicle. The 38 department and lien holders shall be given notice in the same manner as stated 39 in subparagraph (1) . 40 (3) Contents of notice. Notice under this paragraph shall contain the following 41 information: 42 43 1. The year, make, model and serial number of the vehicle; 5 Additions shown by underlining and deletions shown by ^°°••mg. 1 2. The name and address of the last -known registered owner of the vehicle, if 2 available; 3 3. The vehicle registration number and the title registration number of the 4 vehicle, if available; 5 4. The date on which the vehicle was removed; 6 5. The location from which the vehicle was removed; and 7 6. The location at which the vehicle is being stored. 8 (4) Waiver of interests. The notice shall also advise that a person who is entitled 9 to possession of the vehicle may reclaim it upon payment to the city of all 10 charges incurred by the city in the removal and storage of the motor vehicle, 11 except that if the vehicle is not reclaimed and payment to the city not received 12 within 30 days after date of the notice, the right to reclaim the motor vehicle, 13 as well as all right, title and interest of the person in the vehicle, shall be 14 deemed to be waived and the person shall be deemed to have consented to the 15 disposition of the vehicle by the city. 16 (5) Notice by publication. If the code enforcement officer is unable to identify 17 the last registered owner of a vehicle, or if unable to obtain with reasonable 18 certainty the name and address of the owner or other interested persons, 19 including lienholder, it shall be sufficient notice under this subsection to 20 publish the notice once in a newspaper of general circulation in the city. The 21 notice by publication may contain multiple listings of motor vehicles. 22 (6) Documentation filed with state. A copy of any notice required in this 23 subsection, as well as a copy of any certificate of sale issued by the city shall 24 be provided to the department. 25 26 27 Sec. 15- 35.1(h). Disposition of vehicles removed by city. 28 29 (1) Disposition based on appraised value. The code enforcement officer shall 30 obtain an appraisal of a vehicle within 10 days of its removal. The appraisal 31 may be conducted by the code enforcement officer, provided reliable 32 information, including, but not limited to, the "blue book" value of the 33 vehicle, or a used car dealership valuation for the vehicle, is utilized to 34 determine value. 35 (2) Summary disposition. If the appraised value of the vehicle is Tess than 36 $1000.00, upon the execution of an affidavit by the code enforcement officer 37 stating that notification has been given to the owner and other interested 38 persons pursuant to Sec. 15- 35.1(g), and describing the vehicle, including 39 license plate number and name of owner, if known, the location of the vehicle 40 and the appraised value of the vehicle, the city manager may summarily 41 dispose of the vehicle and execute a certificate of sale after the passage of 30 42 days from the date of the notice required in Sec. 15- 35.1(g)(4). If the notice 6 Additions shown by underlining and deletions shown by e*"st;il I has been published, disposition may take place 30 days after the date of 2 publication. 3 (3) Public sale. If the appraised value exceeds $1000.00, the vehicle shall be 4 disposed of at public sale in accordance with the provisions of this section; 5 provided, that no vehicle shall be sold at public sale prior to 30 days from the 6 date on which notice under Seca 15- 35.1(g)(4) is given. 7 (4) Notice of public sale. If a vehicle is sold at public sale, at least 21 days prior 8 to the sale the code enforcement officer shall cause a notice to be published 9 once in a newspaper of general circulation in the city. The notice shall state: 10 11 1. The sale is of an abandoned vehicle in the possession of the city by virtue 12 of seizure pursuant to this article; 13 2. A description of the vehicle, including make, model, license number, title 14 number, vehicle identification and any information which will accurately 15 identify the vehicle; 16 3. The terms of the sale; and, 17 4. The date, time and place of the sale. 18 19 (5) The code enforcement officer also shall also mail a copy of this notice to the 20 last -known registered owner of the vehicle, to the owner and, or, occupant of 21 the property from which the vehicle was taken (unless they are the same), and 22 to any other person known to the code enforcement officer to have a recorded 23 interest in the vehicle. 24 (6) Conduct of sale. On the date, time and place stated in the notice, the vehicle 25 shall be sold to the highest and best bidder. Any vehicle which cannot be sold 26 for an amount equal to the costs of the sale and other costs incurred by the city 27 may be summarily disposed of in the manner set forth in subparagraph (1). At 28 the time of payment of the purchase price, the city manager shall execute a 29 certificate of sale for the vehicle in duplicate, the original of which shall be 30 given to the purchaser and a copy shall retained by the city manger. A 31 certificate of sale issued under this subsection shall not guarantee title or 32 purport to give any title to the vehicle greater than that which is possessed by 33 the city. Should the sale be invalid for any reason, the liability of the city shall 34 be limited to the return of the purchase price upon return of the vehicle. 35 (7) Distribution of sale proceeds. Proceeds of a sale under this subsection, after 36 payment of all the costs of the auction, including notice and publication costs, 37 and the expenses of the city in towing and storing the vehicle, and any 38 imposed civil infraction, shall be held in a suspense account by the city for a 39 period of 30 days from the date of the receipt of the funds. After 30 days, the 40 proceeds may be distributed to the general fund of the city. 41 (8) Redemption prior to sale by city. , The owner of a vehicle which has come 42 into the possession of the city under the provisions of this section may redeem 43 the vehicle prior to its disposition, upon presentation of proper evidence of 7 Additions shown by underlining and deletions shown by estl 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ownership and payment to the city of all charges incurred regarding towing, storing and expenses of the sale, and a civil infraction fine. The right of redemption shall terminate upon disposition of the vehicle by the city. Sec. 15- 35.1(1). Liability of property owner and occupant for towing, storage and other expenses; lien on property. Any person from whose private property a vehicle is removed pursuant to this section is liable to the city for any civil infraction imposed, and for the expenses incurred by it relating to towing, storing or disposing of the vehicle. An occupant who owns, has an interest in, or suffers the abandoned vehicle to remain on the private property is jointly and severally liable to the city for its expenses. In the event the owner and, or, the occupant fail to pay expenses to the city if the vehicle is redeemed or if the disposition of the vehicle fails to generate sufficient funds to cover the costs of towing, storage and disposition, the owner and, or, the occupant from whose private property the vehicle was removed shall pay to the city the balance of the costs incurred. If these costs are not paid to the city immediately upon redemption or within 60 days of sale, they shall constitute a lien on the real and personal property of the owner, and on the personal property of the occupant. The lien shall have the same priority and may be foreclosed in the manner as other code enforcement liens are foreclosed. Sec. 15- 35.10). Grant of immunity from prosecution to enforcement officers. Code enforcement officers shall be immune from prosecution for trespass upon real property and other civil actions while in the reasonable, good faith discharge of the duties imposed by this section. Further, it shall be unlawful for any person to interfere with, hinder or refuse to allow the code enforcement officer to enter upon private property for the purpose of inspecting a vehicle when the officer has probable cause to believe that a vehicle is abandoned or to remove an abandoned vehicle under the provisions of this section. Sec. 15- 35.1(k). Alternative remedies. The procedures in this section also apply to abandoned vehicles on public property. As an alternative to these procedures and requirements, § 705.103, Fla. Stat. et seq. is incorporated by reference into this section and may be applied by the code enforcement officer for the removal and disposal of abandoned vehicles. 8 Additions shown by underlining and deletions shown by e*@&4P14ag. 1 Section 2. This ordinance shall be included in the City of South Miami: code as 2 Sec. 15 -35.1. 3 4 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 5 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 6 shall not affect the validity of the remaining portions of this ordinance. 7 8 Section 4. All ordinances or parts of ordinances in conflict with the provisions 9 of this ordinance are repealed. 10 11 Section 5. This ordinance shall take effect immediately upon approved. 12 13 PASSED AND ADOPTED this day of 52000. 14 15 ATTEST: 16 17 18 CITY CLERK 19 20 21 22 23 24 25 26 27 READ AND APPROVED AS TO FORM 28 29 30 CITY ATTORNEY 31 32 33 \\Dell_6100\Documents \City of South Miami \0022- 00 1\2424.doc APPROVED: MAYOR 1 st Reading - 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: 9 Additions shown by underlining and deletions shown by estagr § 15 -35 OFFENSES AND MISCELLANEOUS PROVISIONS § 15 -35.2 has.been administered poison to neglect or to refuse to report to the chief of police of the city within two hours after said wounded or poisoned person is first administered to or re- quests attention. If such wounded or poisoned person does not give satisfactory explanation to the doctor, clinic or hos- pital of the wound or poison or how such wound or poison was received, the chief of police shall be notified immediately. (Ord. 297, 4- 20 -54) i Sec. 15 -35.1. Junked, wrecked, abandoned vehicles, keeping on private property— .Prohibited. (a) It shall be unlawful to park, store or leave any otor or other vehicle in a wrecked, junked, partially dismaled, or abandoned condition, on private property in the city unless it is in connection with a purpose or business enterprise law- fully situated and licensed. (b) All vehicles within the terms of subsection (a) of this section are hereby declared to be public nuisances. (Ord. No. 533, §§ 11 2, 3 -1 -66) Editor's note Sections 15 -35.1 through 15 -35.5 are derived from Ord. No. 533, §§ 1 through 7 and 9. Said ordinance, being nonamendatory of this Code, has been so codified at the discretion of the editors. Section 8, of said ordinance, the penalty provision, has been omitted as it pre- scribed the penalty set;, out in section 1 -8 of this Code. Sec. 15 -35.2. Same — Removal; notice. (a) Preliminary notice. The owner of any such vehicle and the owner of the private property on which the same is located shall be responsible for its removal upon appropriate notice. Notices shall be sent to the owner or resident of the property upon which the said vehicle is located stating the condition of said vehicle which caused a violation of section 15 -35.1 and that unless this violation is corrected within thirty -six (36) hours, procedures will be commenced to effect the removal of the vehicle. Such thirty -six (36) hour notice, or other similar thereto, shall also be provided the vehicle owner and any lienholders to the extent that their names and addresses may be reasonably ascertained after the city has first been apprised of such violation. Supp. No. 35 215 § 15 -35.2 SOUTH MIAMI CODE § 15 -35.4 (b) Notice issued by city manager. If the thirty -six (36) hour preliminary notice does not accomplish the correction of the violation, the procedure hereinafter set out shall be invoked. A notice issued by the city manager shall be directed to the owner of the vehicle and any lienholders, if known, and the owner of the premises where same is located, at least ten (10) days -before the time of compliance therewith. It shall be sufficient service of notice if it is posted in a conspicuous place upon the premises affected and a copy is mailed to such owners and lienholders at their last known address, place of residence or place of business. (c) Removal; penalty. Failure to comply with the 36 -hour notice of removal shall constitute a violation of this Code and the property owner, occupant or person in charge of the premises shall be responsible and liable for the penalty as outlined in section 1 -8. The city may also have the vehicle removed after following the outlined procedure for removal. ( Ord. No. 533, §§ 3 -5 3-1-66; Ord. No. 949, § 1, 7-19-77) Note —See editor's note following § 15 -35.1. Sec. 15 -35.3 Adoption of statutes relative to abandoned, wrecked property adopted by reference. Chapter 705 of the Florida Statutes, relative to seized, abandoned, wrecked or derelict property, be, and the same is hereby adopted and made applicable in the City of South Miami. (Ord. No. 950, -§ 1, 7- 19 -77) Note —See editor's note following § 12 -3. Editor's note -Ord. No. 950, § 1, adopted July 19, 1977, specifically amended the Code by revising § 15 -35.3 to read as herein set out. For- merly; said section had pertained to removed vehicles, and had been derived from Ord. No. 533, § 6, adopted March 1, 1966. Sec. 15 -35.4. Same — Enforcement expenses, constitute lien vehicle in violation. All costs and expenses incurred by the city in carrying out the provisions of sections 15 -35.1 through 15 -35.3 shall be and constitute a charge and lien against the vehicle until paid with interest to accrue at the rate of six (6) per cent annually. (Ord. No. 533, § 7, 3 -1 -66) Note —Sae editor's note following § 15 -35.1. Supp. No. 35 216 3 13 §'• I5 -35.5 OFFENSES AND MISCELLANEOUS PROVISIONS § 1548 Sec. 15 -35.5. City manager responsible for implementation of sections 15 -35.1 through 15 -35.4. The city manager is hereby authorized to designate the agency or department to implement the provisions of sections 15 -35.1 through 15 -35.4. (Ord. No. 533, § 9, 3 -1 -66) Note --See editor's note following § 15 -35.1. Sec. 15- 35.6. Major repairs, overhauls prohibited and de- clared public nuisances unless zoned therefor. (a) Major repairs or the overhaul of automotive equip- ment is hereby prohibited in all districts on other than prem- ises meeting the zoning regulations and licensed by the city for such work. (b) All automotive equipment repaired and overhauled in violation of subsection (a) of this section is hereby declared to be a public nuisance. (Ord. No. 948, § 1, 7- 19 -77) Sec. 15 -36. Law enforcement officers - Resisting. It shall be unlawful in the city for any person to resist arrest by an officer of the city or to resist any person called by an officer of the city to aid in making an arrest. (Ord. 297, 4- 20-54) Sec. 15 -37. Same -- Assisting. It shall be unlawful in the city for any person to refuse to aid an officer of the city when called upon by such officer to assist in making an arrest. (Ord. 297, 4- 20 -54) Sec. 15 -38. Same — Obstructing. It shall be unlawful for any person in the city to obstruct or to oppose an officer thereof in the execution of legal process or in the lawful execution of any legal duty; or knowingly to give false, untrue or misleading information upon inquiry by an officer of the city regarding the where- abouts or identity of a person for whom such officer shall have a warrant. (Ord. 297, 4- 20-54) Supp. No. 35 216.1 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 3/3/00 AGENDA ITEM # 42jal FROM: Charles D. Scurr Comm. Mtg. 3/7/00 City Manager Public Records Retention Schedule THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC RECORDS RETENTION SCHEDULE; AMENDING SECTION 2 -18 (F) OF THE CITY OF SOUTH MIAMI CODE OR ORDINANCES ENTITLED "PHOTOGRAPHING AND DESTRUCTION OF PUBLIC RECORDS "; ADOPTING THE STATE OF FLORIDA GENERAL RECORDS SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES (SCHEDULE GS1); PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND Commissioner Mary Scott Russell is sponsoring the attached ordinance on for first reading. The City's current Records Retention Schedule is antiquated. This legislation amends the City of South Miami Code or Ordinance by officially adopting the State of Florida General Records Schedule for State and Local Government Agencies (Schedule GS1). I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO PUBLIC 5 RECORDS RETENTION SCHEDULE; AMENDING SECTION 2 -18 (f) 6 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES 7 ENTITLED "PHOTOGRAPHING AND DESTRUCTION OF PUBLIC 8 RECORDS" ADOPTING THE STATE OF FLORIDA GENERAL 9 RECORDS SCHEDULE . FOR STATE AND LOCAL GOVERNMENT 10 AGENCIES (SCHEDULE GS 1); PROVIDING FOR SEVERABILITY, 11 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 12 13 WHEREAS, Chapter 119, Florida Statutes, requires governments to retain public 14 records and to dispose of public records as provided by law; and 15 16 WHEREAS, Chapter 257, Florida Statutes, establishes the State's Records 17 Management and Archives Program under the direction of the Division of Library and 18 Information Services, Department of State; it specifically provides for a system for the 19 scheduling and disposal of public records; and 20 21 WHEREAS, the Mayor and City Commission desire to amend Section 2 -18 (f) of 22 the City of South Miami Code of Ordinances by adopting the State of Florida General 23 Records Schedule for State and Local Government Agencies (Schedule GS 1). 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. Section 2 -18(f) of the South Miami Code of Ordinances is hereby 29 amended to read as follows: 30 31 (f) Records retention schedule. The State of Florida General Records 32 Schedule for State and Local Government Agencies (Schedule GS1) is hereby adopted 33 The retention and destruction of public records as provided in subsection (a) through (e) 34 of this section 2 -18 are to be controlled and governed by the that "Record Retention 35 Schedule„" � ,� E " e F e i eash " 's -hereb 36 approve a copy of which is is on file with in the city clerk's office. 37 38 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 39 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 40 shall not affect the validity of the remaining portions of this ordinance. 41 42 Section 3. All ordinances or parts of ordinances in conflict with the provisions 43 of this ordinance are repealed. Additions shown by underlining and deletions shown by everstriking 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Section 4. This ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this ATTEST: CITY CLERK 1st Reading- 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 52000. 611M MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscombe: Commissioner Bethel: Commissioner Russell: Additions shown by underlinine and deletions shown by iking. § 2 -18 ADMINISTRATION AND CITY GOVERNMENT § 2 -18 Sec. 2 -18. Photographing and destruction of public records. (a) Authority of city clerk. The city clerk shall have the power to order the destruction of public records of the city with or without photographing such records prior to their destruction. Before the clerk shall order any public records destroyed by any department head, official or employee, such destruction shall be approved by the records retention committee. Records may be photographed or microfilmed, whether destroyed or not. (b) Records retention committee. There is hereby created a records retention committee consisting of the city clerk, the director of finance, the city attorney and the city manager. The city manager shall be the chairman of the committee. The records retention committee shall make and promulgate suitable rules, within the limitations of this chapter, governing the destruction, or microfilming and destruction of public records of the city. Nothing herein contained, however,, shall relieve the records retention committee of the duty of investigating and approving the destruction of each individual group of records when it is proposed that such group of records be destroyed. (c) Manner of microfilming and destroying records; certificate. Microfilming of records shall be accomplished by the method or system best calculated to perpetuate records on film. Destruction of records shall be accomplished by casting them into the furnace at the city incinerator. Upon the destruction' of any city records, as herein provided, the person destroying or witnessing the destruction of the same shall forthwith make and file with the city clerk a certificate describing the records destroyed, and certifying the date and manner of destruction. (d) Survey of records by department. At intervals at the dis- cretion of the department head, the head of each de- Supp. No. 54 13 § 2 -18 ADMINISTRATION AND CITY GOVERNMENT § 2 -21 partment of the city shall make, or cause to be made, a survey of the records of his department, and shall forward to the city clerk for consideration by the records retention committee, his recommendations as to destruction, micro - filming or microfilming and destruction, of any of the records of his department. (e) Unauthorized destruction of records. It shall be unlaw- ful for any person willfully to destroy public records of the city without proper authority to do so. (f) Records retention schedule. The retention and destruc- tion of public records as provided in subsections (a) through (e) of this section 2 -18 are to be controlled and governed by the "Records Retention Schedule," dated September 1, 1977, which "Records Retention Schedule" is hereby approved and is on file with the city clerk. (g) Official custodian. The city clerk shall be the custodian of the "Records Retention Schedule," and shall ascertain that all actions taken under the provisions of section 2 -18 con- form to the provisions of the "Records Retention Schedule." (Ord. No. 519, § 1, 4 -5 -65; Ord. No. 967, §§ 1, 2, 10 -4 -77) Secs. 2 -19, 2 -20. Reserved. ARTICLE III. BOARDS AND COMMISSIONS* Sec. 2 -21. Designated; appointee's term of office. There shall be the following boards and commissions in the city: (1) Personnel and merit board. (2) Planning and zoning board. (3) Code enforcement board. All appointees shall serve for the term appointed and until a successor shall have been appointed and qualified. Appointments "Cross reference - Indemnification of members of boards, § 2 -4.6. Supp. No. 44 15 Vwj%' ORIGINAL ISSUE DATE March 1996 (Reprinted June 1999) Division of Library and Information Services Bureau of Archives and Records Management The Capitol Tallahassee, Florida 32399 -0250 (850)487 -2180 Suncom 277 -2180 TABLE OF CONTENTS General Information and Instructions 1. Statutory Authority II. Determining Retention Requirements i 111. Scheduling and Disposition of Public Records i IV. Instructions for Completing the Records Disposition Request Form GENERAL SCHEDULE 1 - 1 Cross Reference by Title 32 General Information and Instructions I. STATUTORY AUTHORITY This General Records Schedule is issued by the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management in accordance with the statutory provisions of Chapters 119 and 257, Florida Statutes. Chapter 119, F.S., defines "public records" in terms of physical, characteristics; and in legal and/or official documentation relationships, it also defines "agency," providing an inclusive listing of state, local and special government officials and organizational elements subject to laws and regulations pertaining to public records. In addition, the Chapter establishes the legal basis for the custody and disposal of public records and for public access to these records. Chapter 257, F.S., establishes the State's Records Management and Archives Program under the direction of the Division of Library and Information Services, Department of State; it specifically provides for a system for the scheduling and disposal of public records. The Chapter also authorizes the Division to establish and coordinate standards, procedures, and techniques for efficient and economical record making and keeping. II. DETERMINING RETENTION REQUIREMENTS In determining the retention requirements of public records, four values must be evaluated to assure that the records will fulfill their reason for creation and maintenance. These are the administrative, legal, fiscal and the historical value. These four values have been considered in depth to determine the retention requirement of the records listed herein. III. SCHEDULING AND DISPOSITION OF PUBLIC RECORDS The procedures for scheduling and disposal of public records, applicable to all agencies, consist of two separate but related actions A. Establishing a Records Retention Schedule - A schedule describing the records and setting the retention period is required for each record series, or type, of record. This determines officially the length of time that the record series must be retained to meet retention requirements. 1. General Records Schedules establish disposition standards for records common to several or all government agencies. The records covered by these schedules pertain to both administrative and , program functions of the agencies. GS 1 is applicable to administrative records only and may be used by any state or local government agency. All other General Records Schedules are applicable to program records of specific functional organizations which may have unique retention requirements. These general records schedules have been designed to complement each other to cover as many administrative and program records as possible. For example: While the GS1 will contain retention requirements for the general administrative and routine business records for government agencies, Law Enforcement agencies should refer to the General Records Schedule GS2 to obtain retention requirements for records unique to law enforcement operations. Such records would obviously include criminal investigative records, traffic citation records, and inmate records. Should duplicate records series be listed in two general records schedules. the retention requirements contained in the program schedule shall take precedence In other words, if a record series is contained in both the GSI and the GS2, law enforcement agencies should abide by the retention requirements cited in the GS2. The retention period stated in the applicable schedule is the MINIMUM time a record is to be maintained. If two or more record series are filed together, the combined file must be retained through the longest retention period of those records. A General Records Schedule eliminates the need for the creation and submission of an individual Records Retention Schedule, Form LS5E105. However, an agency desiring a lesser retention period than that stated in a General Records Schedule must apply for the establishment of an individual agency retention schedule with proper justification. 2. Individual Records Schedules are established when the agency submits a Records Retention Schedule, Form LS5E105, to the Division of Library and Information Services and receives approval from the Division. Once an official retention value has been established for a record series. records in the series are eligible for disposal action when they have met the retention requirements. The schedule remains effective until there is a change in series content or other factors are introduced which would affect the initial approved retention period, at which time a new individual records schedule should be submitted for approval. B. Obtaining Disposition Authorization - When records have met retention requirements established by a General Records Schedule or an individual agency retention schedule, an agency may initiate disposition action by submitting a Records Disposition Request, Form LS5E107, to the Division. Rule IB- 24.010(3); Florida Administrative Code, however, states that "records with a retention of "obsolete. superseded or administrative value is lost' are not required to be submitted on a Records Disposition Request prior to disposal." The 10/96 request, when approved by the Division, authorizes the disposition of the listed records. It also serves as a certificate of records destroyed when signed by an agency official. The request must be submitted and approved before actual disposition is carried out. The request assures that there is no premature destruction of records, or that records to be destroyed do not have an immediate or urgent value beyond the original retention period. Full instructions for disposal procedures and completing the Records Disposition Request, Form LS5E107 are provided on the next page and in the Basics of Records Management handbook. IV. Instructions for Completing the Records Disposition Request Form STEP 1. NUMERIC SEQUENCE OF THE DISPOSITION REQUEST Indicate the schedule or request number in the box in the upper right comer. This number is your tracking and audit trail number, and the maintenance of the numeric sequencing of the disposition requests and the assignment of this number is the responsibility of the RMLO. It is important for filing and tracking purposes that the disposition requests be maintained in numerical order. STEP 2. IDENTIFICATION INFORMATION AND AGENCY CERTIFICATION In the numbered spaces 1 -6, identify the agency and the person submitting the disposition request. Space 6 must contain an authorizing signature, date, name, and title for the request to be processed. STEP 3. LISTING OF RECORDS SERIES TO BE DESTROYED Space 9 refers to the entire lower half of the form. It is here that you should identify each of the records series that you are seeking approval to destroy. For each line item, you should identify the schedule number (GS 1, for example), the item number (# 18a), and the exact title of the records that corresponds to this schedule and item number (Correspondence: Routine). Please use the title indicated in the General Schedule you are using. This prevents confusion during the process of approval. You then identify the date range of the records that you would like to destroy (01/01/91 - 12/31/92). Finally, you should identify the number of cubic feet occupied by the records. If you need help in determining this number, there is a conversion chart available in Appendix C of the Basics of Records Management Handbook. At this point, the Records Disposition Request form is complete. The form should be mailed to the address that appears on the front of the form. -IELPFUL HINT 1: A disposition request need not be submitted to the Bureau of Archives and Records Management if the records being iestroyed have a retention value that requires them to be retained only until they are obsolete, superseded, or administratively useless. Such `OSA" records can be destroyed by agencies as soon as the records have served their purpose. Please refer to Rule 1B -24, Floridz Administrative Code, for further details. IELPFUL HINT 2: If you are submitting several line items, you can significantly increase the turnaround time if you will group record! series together in chronological order. In other words, place all the Routine Correspondence you have together, identifying relevant date! [rom earliest to latest. You can then proceed to identify the next record series and the relevant date range for the records in that series. Thi: will substantially improve our ability to process your request correctly and efficiently: Upon receipt of your request; the Records Management Analysts on staff will process your form. If the Analysts encounter a difficulty during the approval process, someone will call you to discuss the problem and to suggest a possible remedy. The form will then be returned to you either approved, disapproved, or approved with corrections. This is your official approval to proceed with the disposition of the records indicated on this form. If you have any questions, you should call the Bureau for clarification. ii 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 ACCESSION RECORDS: LIBRARY Item# 77 This record series consists of a listing of books, periodicals, filmstrips, film and other materials assigned, added or available at the library including cards and printouts. See also "LIBRARY SHELF LIST." RETENTION: a) Record copy. Retain for life of material. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ACCIDENT RECORDS: FATALITY Item# 78 This record series consists of traffic accident reports, general correspondence and property receipts concerning a fatality accident. The traffic accident report includes information on vehicles involved, occupants, time, and circumstances. See also "ACCIDENT RECORDS: NON- FATALITY," "INJURY REPORTS," and /or "WORKER'S COMPENSATION RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ACCIDENT RECORDS: NON - FATALITY Item# 79 This record series consists of traffic accident reports, general correspondence and property receipts concerning a non - fatality accident. The traffic accident report includes information on vehicles involved, occupants, time, and circumstances. See also "ACCIDENT RECORDS: FATALITY," INJURY REPORTS," and /or "WORKER'S COMPENSATION RECORDS." RETENTION: a) Record copy. 1 fiscal year provided applicable audits have been released. b) Duplicates. Retain until obsolete; superseded or administrative value is lost. ACCOUNTS PAYABLE /RECEIVABLE RECORDS: SUMMARY Item# 225 This record series consists of documentation of receipts and disbursements in summary. Records include the vendor name, vendor invoice and number, date of invoice, warrant number, date of warrant and the amount of the warrant. See also "ACCOUNTS PAYABLE /RECEIVABLE RECORDS:SUPPORTING DOCUMENTS. RETENTION: a) Record copy. 10 years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ACCOUNTS PAYABLEIRECEIVABLE RECORDS: SUPPORTING DOCUMENTS Item# 121 This record series consists of documentation of receipts and disbursements and the individual items leading to the summary information. Records include the vendor name, vendor invoice and number, date of invoice, warrant number, date of warrant and the amount of the warrant. See also "ACCOUNTS PAYABLE / RECEIVABLE RECORDS: SUMMARY." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ADMINISTRATIVE CONVENIENCE RECORDS Item# 2 This record series consists of a subject file, generally filed alphabetically, which is located away from the official files, such as in the Director's and other supervisory offices. The file contains DUPLICATES of correspondence, reports, publications, memoranda, etc., and is used as a working file or reference file on subjects which are currently significant or which may become significant in the near future. The material filed in this series is NOT the official file or record copy but is maintained for the convenience of the officials in carrying out their elected or appointed duties. RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ADMINISTRATIVE SUPPORT RECORDS Item# 3 This record series consists of records accumulated relative to internal administrative activities rather than the functions for which the office exists. Normally, these records document procedures; the expenditure of funds, including budget material; day -to -day management of office personnel including training and travel; supplies, office services and equipment requests and receipts and other recorded experiences that do not serve as official documentation of the programs of the office. However, because the content of these records vary so greatly in content and value (containing some duplicates and record copies), a relatively large proportion of them are of continuing value and may be subject to the audit process. Note: Reference a more applicable records series first if one exists. "These records may have archival value." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 ADMINISTRATOR RECORDS: PUBLIC OFFICIALS /AGENCY HEADS Item# 122 This record series consists of office files documenting the substantive actions of elected or appointed officials and /or the agency head. These records constitute the official record of an agency's performance of its functions and formulation of policy and program initiative. This series will include various types of records such as correspondence; memoranda; statements prepared for delivery at meetings, conventions or other public functions that are designed to advertise and promote departmental programs, activities and policies; interviews; and reports concerning agency program development and implementation. The filing of these materials together in a central unified file is encouraged. In addition, state agencies may wait until the completion of term before offering files to the Florida State Archives. "These records may have archival value." RETENTION: a) Record copy. 10 years. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ADVERTISEMENTS: JOB (DISCRIMINATION CHARGES FILED) Item# 80 This record series consists of advertisements to inform eligible job seekers of openings for available job vacancies. Notices include position number, position title, monthly salary range, job location, minimum qualifications brief description of duties, where to apply for a job and special instructions. This records series applies only to those advertisements where discrimination charges were filed. See also "ADVERTISEMENTS: JOB (NO DISCRIMINATION CHARGES FILED)." RETENTION: a) Record copy. 180 days after settlement. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ADVERTISEMENTS: JOB (NO DISCRIMINATION CHARGES FILED) Item# 81 This record series consists of advertisements to inform eligible job seekers of openings for available job vacancies. Notices include position number, position title, monthly salary range, job location, minimum qualifications, brief description of duties, where to apply for a job and special instructions. This records series applies only to those advertisements where no discrimination charges were filed. See also "ADVERTISEMENTS: JOB (DISCRIMINATION CHARGES FILED)." RETENTION: a) Record copy. 180 days -after expiration of announcement. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ADVERTISEMENTS: LEGAL Item# 25 This record series consists of advertisements which have appeared in newspapers or in the "Administrative Weekly" on matters pertaining to the agency and other legal ads which may or may not indirectly affect the agency; i.e., bid invitations for construction jobs, public hearings or notices, public sales. See also "BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BiD, "BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS" BiD RECORDS: NON- CAPITAL IMPROVEMENT." RETENTION: a) Record copy. 5 fiscal years provided applicable audits have been released., b) Duplicates. Retain until obsolete, superseded or administrative value is lost. AFFIRMATIVE ACTION RECORDS Item# 82 This record series consists of copies of reports submitted to the Equal Employment Opportunity Commission (EEOC) per their requirements for the agency's affirmative action plan. it may also include discrimination complaints, correspondence and investigative papers pertaining to the agency's affirmative action plan. See also "EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE REPORTS," and /or "MINORITY CERTIFICATION RECORDS." RETENTION: a) Record copy. 2 years. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. AGREEMENTS: CAPITAL IMPROVEMENT Item# 64 This record series consists of legal documents, correspondence, reports, etc., relating to negotiation, fulfillment and termination of capital improvement agreements to which the agency is a party. "Capital improvements" shall mean enhancement to buildings, fixtures and all other improvements to land. In addition, it includes agreements with architects, engineers, builders, and construction companies. See also "AGREEMENTS: NON- CAPITAL IMPROVEMENT," "CONTRACTS: CAPITAL IMPROVEMENT," "CONTRACTS: NON- CAPITAL IMPROVEMENT," "LEASES: CAPITAL IMPROVEMENT," "LEASES: NOW CAPITAL IMPROVEMENT' and /or "LEASES: REAL PROPERTY." RETENTION: a) Record copy. 15 years after completion or termination of contract provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 2 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 AGREEMENTS: NON - CAPITAL IMPROVEMENT Item# 65 This record series consists of legal documents, correspondence, reports, etc., relating to negotiation, fulfillment and termination of non - capital improvement agreements to which the agency is a party. In addition, it includes the various agreements entered into for goods and services and includes the purchase of gas, fuel oil and annual purchases of inventory maintained items. See also AGREEMENTS: CAPITAL IMPROVEMENT," "CONTRACTS: CAPITAL IMPROVEMENT," "CONTRACTS: NON - CAPITAL IMPROVEMENT," "LEASES: CAPITAL IMPROVEMENT," "LEASES: NON - CAPITAL IMPROVEMENT" and /or "LEASES: REAL PROPERTY." RETENTION: a) Record copy. 5 fiscal years after completion or termination of contract provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is Jost. ANIMAL CONTROL RECORDS: DOMESTIC Item# 234 This record series consists of copies of applications, registrations, licenses, violation notices, Health Department correspondences, tag receipts and other pertinent information regarding animal control. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. APPLICATIONS: EMPLOYMENT (NOT HIRED) Item# 24 This record series consists of all applications for employment received from individuals seeking employment but were not hired. These files may contain the applications for employment, resumes, correspondence, physical exams, test scores, background investigations and other supporting documentation. See also "EMPLOYMENT ELIGIBILITY RECORDS" and /or "EMPLOYMENT EXAMINATION RECORDS." RETENTION: a) Record copy. 2 years after application deadline. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. APPLICATIONS: LEAVE OF ABSENCE Item# 5 This record series consists of a request from each permanent employee documenting any deduction from the employee's sick, annual, and administrative leave and personal holiday. This information is compiled on the permanent Attendance and Leave Report and is filed alphabetically by employee and therein chronologically. See also "ATTENDANCE RECORDS: OPS/TEMPORARY EMPLOYMENT," "LEAVE RECORDS," and /or "LEAVE INDEX RECORDS." RETENTION: a) Record copy. 1 year provided posted to applicable leave balance report and provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. APPRAISALS: LAND PURCHASES (NOT PURCHASED) Item# 164 This record series consists of documents pertaining to land not purchased by an agency of local government and all supporting documents. See also APPRAISALS: LAND PURCHASES (PURCHASED)." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is Jost. APPRAISALS: LAND PURCHASES (PURCHASED) Item# 172 This record series consists of documents pertaining to land purchased by an agency of local government and all supporting documents. See also "APPRAISALS: LAND PURCHASES (NOT PURCHASED)." RETENTION: a) Record copy. Retain as long as agency retains property. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ARCHITECTURAL PLANS /SPECIFICATIONS: PRELIMINARY DRAWINGS Item# 204 This record series consists of those graphic and engineering preliminary drawing records that depict conceptual as well as precise measured information essential for the planning and construction of facilities. See also "BUILDING PLANS: COMMERCIAL." RETENTION: a) Record copy. Retain until completion and acceptance. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 3 10/96 , FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 ' ATTENDANCE RECORDS: Itwm#6 This record series consists of attendance and leave reports for each employee for each pay period. See also "ATTENDANCE RECORDS: OPS/TEMPORARY EMPLOYMENT," "LEAVE INDEX RECORDS" and/or "LEAVE RECORDS." RETENTION: Record mo . RETENTION: b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ATTENDANCE RECORDS: COMMITTEE Item# 209 This record series consists of attendance records for committee meetings. See also " LEAVE RECORDS," and./or "LEAVE INDEX RECORDS." '- a) Record copy. 3 fiscal years provided applicable audits have been released. ' b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ATTENDANCE Item#7 This record series consists of Other Personnel Services (O.P.S.) employees'time cards and a compilation of those time cards. See also "APPLICATIONS: LEAVE OF ABSENCE," LEAVE RECORDS," LEAVE INDEX RECORDS," and/or"TIME CARDS: OP@/TENYPDRARYEyNPLOYNYENT.^ RETENTION: ' a) Record copy. 3fisua! years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. AUDITS: AUDITOR GENERAL Item# 8 This record series consists of an annual report issued by the Auditor General to establish the position of the agency being audited See also "AUDITS: INDEPENDENT," "AUDITS: INTERNAL," "AUDITS: STATE/FEDERAL" and/or - DOCUMENTS." "These records ns�'have archival va/ye." SUPPORTING ' RETENTION: a> Record copy. 1Oyears. ' b) Duplicates. Retain until obsolete, superseded or administrative value iolost. ` Aww//c' INDEPENDENT Item#SG This record series consists of a report issued by an independent auditor to establish the position of the agency being audited -g—~'—~_~~,~'p~'~^~'~~. The audits may ==" instigated "v any agency, organization ov internal management. /nnmo ` records are created pursuant ho Florida Statutes Section 11�5. See also "AUDITS: AUDITOR GENERAL^"A&DITS: INTERNAL," "AUDITS: STATE/FEDERAL" and/or "AUDITS: SUPPORTING OOCUW1ENTS.^ RETENTION: ` a) Record copy. 10 fiscal years. 'b) Duplicates. Retain until obsolete, superseded or administrative value is lost. AUDITS: INTERNAL Item# 73 This record series consists of a report issued by an internal auditor to establish the position of the agency being audited against its standard of performance. The audits may be instigated by any agency, organization or internal management. These records are created pursuant to Florida Statutes Section 11.45. See also "AUDITS: AUDITOR GENERAL," "AUDITS: INDEPENDENT," "AUDITS: STATE/FEDERAL" and/or "AUDITS: SUPPORTING DOCUMENTS." a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative Value is lost. AUDITS: STATE/FEDEgAL` bem#B3 This record series consists of a report issued by a federal or state auditor to establish the position of the agency being audited against its standard of performance. The audits may be instigated by any agency, organization or internal management. These records are created pursuant to Florida Statutes Section 1.45 (6)(d)(7). See also "AUDITS: AUDITOR GENERAL," "AUDITS: INDEPENDENT," "AUDITS: INTERNAL" andlor "AUDITS: SUPPORTING DOCUMENTS." "These records may have archival value." o> Record copy. 10 fiscal years. b) Duplicates. Retain until or administrative value is lost, ` l0/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 AUDITS: SUPPORTING DOCUMENTS Item# 57 This record series consists of the documentation and supporting documents used to develop the audit report with all bills, accounts, records and transactions. The audit may be instigated by any agency, organization or internal management. See also "AUDITS: AUDITOR GENERAL," "AUDITS: INDEPENDENT," "AUDITS: INTERNAL" and /or "AUDITS: STATE /FEDERAL." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BAD CHECK RECORDS Item# 9 This record series consists of an itemization of bad checks received. See also "CHECKS: CANCELED, "CHECKS: STUBS," "CHECKS: LOGS," "CHECKS: REGISTERS," and /or "STOP PAYMENT REQUESTS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BALANCE SHEETS Item# 176 This record series consists of balance sheets that contain information as to what money was collected for, the amount collected, and the date. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BANK ACCOUNT AUTHORIZATION RECORDS Item# 84 This record series consists of an authorization to maintain a bank account and who is authorized to sign off on the account. RETENTION: a) Record copy. 1 year after superseded by new authorization provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BANK STATEMENTS: RECONCILIATION Item# 85 This record series consists of monthly statements of bank accounts to show debits, credits and cash balance in the account. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates'. Retain until obsolete, superseded or administrative value is lost. BARGAINING RECORDS: CONTRACTS Item# 201 This record series consists of articles of the contract between the agency and the labor organization. See also "BARGAINING RECORDS: SUPPORTING DOCUMENTS," and /or "PUBLIC EMPLOYEE RELATION FILES." RETENTION: a) Record copy. 5 fiscal years after expiration or cancellation of contract. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BARGAINING, RECORDS: SUPPORTING DOCUMENTS Item# 87 This record series consists of supporting material between agency and the labor organization. See also "BARGAINING RECORDS: CONTRACTS," and /or "PUBLIC EMPLOYEE RELATION FILES." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS Item# 70 This record series consists of information relative to the processing and letting of capital improvement successful bids including legal advertisements, "Requests for Proposal," technical specifications, correspondence, "Invitations to Bid," bid tabulations and bid responses. "Capital Improvements" shall mean enhancement to buildings, fixtures and all other improvements to land. See also "BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS" and /or "BID RECORDS: NON - CAPITAL IMPROVEMENT." RETENTION: a) Record copy. 15 years after awarded provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS Item# 71 This record series consists of information relative to the processing and letting of capital improvement unsuccessful bids including legal advertisements, "Requests for Proposal,' technical specifications, correspondence, "Invitations to Bid," bid tabulations and bid responses. "Capital Improvements" shall mean enhancement to buildings, fixtures and all other improvements to land. See also "BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS" and /or "BID RECORDS: NON - CAPITAL IMPROVEMENT." RETENTION: a) Record copy. 5 fiscal years after awarded provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BID RECORDS: NON- CAPITAL IMPROVEMENT Item# 72 This record series consists of information relative to the processing and letting of successful and unsuccessful non - capital improvement bids including legal advertisements, "Requests for Proposal," technical specifications, correspondence, "Invitations to Bid," bid tabulations and bid responses. See also "BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS" and /or "BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS." RETENTION: a) Record copy. 5 fiscal years after awarded provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BIOGRAPHICAL FILES Item# 190 This record series consists of vitaes, biographies, photographs and newspaper clippings of employees. RETENTION: a) Record copy. Retain until obsolete; superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BONDS AND BOND INTEREST COUPONS Item# 226 This record series consists of receipts and certificates of payment signed and sealed by the official or paying agent. Also, bonds and coupons include identifying date, number of each bond, and quality and value of bond by maturity. In connection therewith, paid bonds and bond interest coupons may be disposed of by incineration, shredding or otherwise provided that the governing body keeps the receipts and certificate of payment signed and sealed by the official or paying agent charged with the responsibility for the payment. See also BONDS: REGISTERS." RETENTION: a) Record copy. Retain until paid, exchanged or transferred. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BOND RESOLUTIONS Item# 191 This record series consists of reports of principal, interest, paying agents and reports. This series documents legal agreements made to finance buildings. RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BUDGET RECORDS: APPROVED ANNUAL BUDGET Item# 58 This record series consists of the approved annual budget and its amendments are filed chronologically. See also "BUDGET RECORDS: SUPPORTING DOCUMENTS, "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. BUDGET RECORDS: SUPPORTING DOCUMENTS Item# 88 This record series consists of any supporting documentation supporting budget matters and is filed chronologically. See also "BUDGET RECORDS: APPROVED ANNUAL BUDGET." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 6 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 BUILDING PLANS: COMMERCIAL Item# 216 This record series consists of graphic and engineering records that depict conceptual as well as precise measured information essential for the planning and construction of commercial buildings. See also "ARCHITECTURAL PLANS / SPECIFICATIONS: PRELIMINARY DRAWINGS." RETENTION: a) Record copy. Retain for life of structure. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CABINET AFFAIRS FILES Item# 11 This record series consists of the Cabinet agendas, back -up materials and minutes and any other information received from any office on all subject matters relating to a Cabinet agenda item or a potential agenda item. Note: This record series does not include the Secretary, of State's official record of the Cabinet agendas and minutes. See also "MINUTES: OFFICIAL MEETINGS (TRANSCRIPTS) "MINUTES: OFFICIAL MEETINGS (AUDIONISUAL RECORDINGS)," and /or "MINUTES: OFFICIAL MEETINGS (SUPPORTING DOCUMENTS)." "These records may have archival value." RETENTION: a) Record copy. 5 years. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CALENDARS Item# 89 This record series consists of a calendar showing official daily appointments and meetings. RETENTION: a) Record copy. 1 year. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CASH COLLECTION RECORDS: DAILY Item# 90 This record series consists of daily cash listings and transaction tapes. See also "CASH RECEIPT /REPORT RECORDS ", "DEPOSIT SLIPS," and /or "RECEIVING REPORTS. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CASH RECEIPT LISTINGS: FEDERAL REVENUE SHARING Item# 130 This record series consists of cash receipts /reports and listings for federal revenue sharing programs. See also "PROJECT FILES: FEDERAL," and /or "VOUCHERS: FEDERAL PROJECT PAID." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CASH RECEIPT /REPORT RECORDS Item# 12 This record series consists of a copy of each receipt written for cash which is numbered sequentially and used to balance for cash deposits. See also "CASH RECEIPT /REPORT RECORDS: DAILY," "DEPOSIT SLIPS" and /or "RECEIVING REPORTS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CASH REGISTER TAPES Item# 179 This record series consists of output media generated by an electronic cash register or electronic device. It includes tapes of daily cash or check transactions and may include refunds or rebates. RETENTION: a) Record copy. 2 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CEMETERY RECORDS Item# 235 This record series consists of each burial showing the date of burial and name of person buried, together with lot, plot, and space in which the burial was made. RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. I GUT1 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 CERTIFICATION FORWARD DOCUMENTS Item# 13 This record series consists of lists of encumbrances to be applied against certified forward money which is money brought forward from the previous fiscal year for goods and services which were not received until the current fiscal year. See also "ACCOUNTS SUPPORTING DOCUMENTS: SAMAS" and /or ENCUMBRANCE RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CHARTERS, AMENDMENTS, BYLAWS AND CONSTITUTIONS Item# 207 This record series consists of documents setting forth the aims and principles of an organization, by which an organization is authorized or establishing the makeup of an organization. See also "PROCLAMATIONS /RESOLUTIONS." "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CHECKS: CANCELED Item# 91 This record series consists of canceled checks issued for authorized payments or refunds. This may include the electronic transfer of funds. Retention is consistent with. Florida Statute Chapter 95.11(2)(b). See also "BAD CHECK RECORDS," and /or "STOP PAYMENT REQUESTS." RETENTION: a) Record copy. 5 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CHECKS: LOG Item# 192 This record series consists of a listing of checks either received or dispersed. See also "BAD CHECK RECORDS," and /or "STOP PAYMENT REQUESTS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates, Retain until obsolete, superseded or administrative value is lost. CHECKS: REGISTERS Item# 92 This record series consists of a register of all checks issued which includes check number, date, amount, individual or vendor, and purpose. See also "BAD CHECK RECORDS," and /or "STOP PAYMENT REQUESTS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CHECKS: STUBS Item# 93 This record series consists of check stubs for all checks written against the accounts administered by the agency. The stubs contain information relating to the amount of the check, to whom the check was issued, the purpose of the check, the date and the check number. Also contained on the stub is the remaining balance after the check is written and the amount of the deposits when made. See also "BAD CHECK RECORDS," and /or "STOP PAYMENT REQUESTS." RETENTIONS a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CLASS SPECIFICATION RECORDS Item# 14 This record series consists of information describing each class specification and may include minimum qualifications. See also "POSITION DESCRIPTION RECORDS." RETENTION: a) Record copy. 2 years after superseded provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CODE ENFORCEMENT BOARD CASE FILES Item# 236 This record series consists of case files of the Code Enforcement Board including affidavits, letters and, orders of the board. It may include documentation and working papers which are used to complete the file. See also "CODE VIOLATION RECORDS." RETENTION: a) Record copy. 5 years after compliance and lien paid provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 CODE VIOLATION RECORDS Item# 237 This record series consists of case files of the Code Enforcement Board including affidavits, letters and, orders of the board. It may include documentation and working papers which are used to complete the file. See also "CODE ENFORCEMENT BOARD CASE FILES." RETENTION: a) Record copy. 3 years after final action provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. COMPLAINTS: CITIZENS /CONSUMERS /EMPLOYEES Item# 94 This record series consists of individual complaints received from citizens, consumers or employees. This file includes the name, address, date of complaint, telephone number, the complaint to whom referred and date, action taken and signature of person taking the action. RETENTION: a) Record copy. 2 years after resolved provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. COMPREHENSIVE EMPLOYEES TRAINING ACT (CETA) RECORDS Item# 95 This record series consists of the programs under CETA Grants: NYC -2, Old Workers, CSSEP I and II, PSE I and II, Title VI, and HRDP, plus CETA Audit Manual, all reports and supporting documents. Should programs possess nonexpendable property, authorized official may dispose of this property in accordance with agency's disposition policies. Also, this Training Act became obsolete in 1985 and was replaced by Job Training Partnership Act (JTPA) Records. See also "JOB TRAINING PARTNERSHIP ACT (JTPA) RECORDS." RETENTION: a) Record copy: 3 fiscal years after final report provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. COMPREHENSIVE MASTER PLANS: ADOPTED Item# 166 This record series consists of adopted original and succeeding plans of local governmental agencies required by the State of Florida. Plans may contain'elemerits such as growth management, sanitary sewer records, drainage records, future land use records, traffic circulation, economic assumptions, conservation, housing, recreation and open space, solid waste, electric utilities, portable water, intergovernmental coordination, mass transit and all other local governmental related functions. See also "COMPREHENSIVE MASTER PLANS: PROPOSED" and /or "COMPREHENSIVE MASTER PLANS: SUPPORTING DOCUMENTS. "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. COMPREHENSIVE MASTER PLANS: PROPOSED Item# 173 This record series consists of proposed original and succeeding plans of local governmental agencies required by the State of Florida. Plans may contain elements such as growth management, sanitary sewer records, drainage records, future land use records, traffic circulation, assumptions, conservation, housing, recreation and open space, solid waste, electric utilities, portable water, intergovernmental coordination, mass transit and all other local governmental related functions. See also "COMPREHENSIVE MASTER PLANS: ADAPTED" and /or "COMPREHENSIVE MASTER PLANS: SUPPORTING DOCUMENTS." RETENTION: a) Record copy. 10 years after disapproved. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. COMPREHENSIVE MASTER PLANS: SUPPORTING DOCUMENTS Item# 174 This record series consists of supporting documents for original and succeeding plans of local governmental agencies required by the State of Florida. Plans may contain elements such as growth management, sanitary sewer records, drainage records, future land use records, traffic circulation, economic assumptions, conservation, housing, recreation and open space, solid waste, electric utilities, portable water, intergovernmental coordination, mass transit and all other local governmental related functions. See also "COMPREHENSIVE MASTER PLANS: ADAPTED" and /or "COMPREHENSIVE MASTER PLANS: PROPOSED." "These records may have archival value." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 9 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 CONTINUING EDUCATION RECORDS: IN -HOUSE Item# 217 This record series consists of in -house continuing education records. RETENTION: a) Record copy. 5 calendar years. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CONTRACTS: CAPITAL IMPROVEMENT Item# 15 This record series consists of legal documents, correspondence, reports, etc., relating to negotiation, fulfillment and termination of capital improvement contracts to which the agency is a party. "Capital Improvements" shall mean enhancement to buildings, fixtures and all other improvements to land. In addition, it includes contracts with architects, engineers, builders, and construction companies. See also "AGREEMENTS: CAPITAL IMPROVEMENT," "AGREEMENTS: NON- CAPITAL IMPROVEMENT," "CONTRACTS: NON - CAPITAL IMPROVEMENT," "LEASES: CAPITAL IMPROVEMENT," "LEASES: NON - CAPITAL IMPROVEMENT" and /or "LEASES: REAL PROPERTY." RETENTION: a) Record copy. 15 years after completion or termination of contract provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CONTRACTS: NON - CAPITAL IMPROVEMENT Item# 60 This record series consists of legal documents, correspondence, reports, etc., relating to negotiation, fulfillment and termination of non- capital improvement contracts to which the agency is a party. In addition, it includes the various contracts entered into for goods and services and includes the purchase of gas, fuel oil and annual, purchases of inventory maintained items. See also "AGREEMENTS: CAPITAL IMPROVEMENT," "AGREEMENTS: NON - CAPITAL IMPROVEMENT," "CONTRACTS: CAPITAL IMPROVEMENT, "LEASES: CAPITAL IMPROVEMENT," "LEASES: NON- CAPITAL IMPROVEMENT" and /or "LEASES: REAL PROPERTY." RETENTION: a) Record copy. 5 fiscal years after completion or termination of contract provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CORRESPONDENCE: NON - ROUTINE Item# 16 This record series consists of correspondence of a non - routine nature that is associated with a specific project or other record series. This correspondence does set policy, establish procedures, form a contract, certify a. transaction, become a receipt, alter personnel status, set a fee, become a license, or disclose information of a restricted nature. See also "CORRESPONDENCE: ROUTINE," "INFORMATION REQUEST RECORDS," MEMORANDA," and /or "READING FILES." RETENTION: a) Record copy. Retain as long as item it relates to. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. CORRESPONDENCE: ROUTINE Item# 17 This record series consists of routine correspondence of any nature that is not associated with any specific project or other record series. This correspondence does not set policy, establish procedures, form a contract, certify a transaction, become a receipt, alter personnel status, set a fee, become a license, or disclose information of a restricted nature. See also "CORRESPONDENCE: NON - ROUTINE, "INFORMATION REQUEST RECORDS," MEMORANDA," and/or "READING FILES." "These records may have archival value," RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. DEEDS: AGENCY PROPERTY Item# 218 This record series consists of agency property deeds. Series may include appraisals, surveys, and other supporting documents. RETENTION: a) Record copy. Retain as long as agency retains property. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. DEPOSIT SLIPS Item# 96 This record series consists of deposit receipts and the bank validated deposit slips showing the source of the money, amount and date of deposit. See also "CASH COLLECTION REPORTS: DAILY," and/or "CASH RECEIPT /REPORT RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 DIRECTIVES /POLICIES /PROCEDURES Item# 186 This record series consists of the official management statements of policy for the organization, supporting documents, and the operating procedures which outline the methods for accomplishing the functions and activities assigned to the agency. It includes all memoranda and correspondence generated relating to the policies and procedures which are to be followed by employees. See also CORRESPONDENCE: NON - ROUTINE," "CORRESPONDENCE: ROUTINE," "DISASTER PLANS," and /or "MEMORANDA." "These records may have archival value." RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost after superseded provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. DISASTER PLANS Item# 210 This record series consists of disaster preparedness and /or recovery plans adopted by an agency. See also " DIRECTIVE /POLICIES /PROCEDURES." RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. DISCIPLINARY CASE FILES: EMPLOYEE (FORMAL DISCIPLINE) Item# 98 This record series consists of sustained formal discipline cases investigated that allege employee misconduct and /or violate department regulations and orders, state and federal statutes, and local ordinances. It includes statements by the employee, witnesses, and the person filing the complaint. "Formal discipline" is defined as disciplinary action involving demotion, removal from office, suspension or other similar action. See also other DISCIPLINARY CASE FILES," "PERSONNEL RECORDS: FLORIDA RETIREMENT SYSTEM," and /or "PERSONNEL RECORDS: NON FLORIDA RETIREMENT SYSTEM." RETENTION: a) Record copy. 5 years after final action. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. DISCIPLINARY CASE FILES: EMPLOYEE (INFORMAL DISCIPLINE) Item# 99 This record series consists of sustained informal discipline cases investigated that allege employee misconduct and /or violate department regulations and orders; state and federal statutes, and local ordinances. It includes statements by the employee, witnesses, and the person filing the complaint. "Informal discipline" is defined as any disciplinary action involving written and verbal reprimands, memoranda, or other similar action. RETENTION: a) Record copy. 3 years after final action: b) Duplicates. Retain until obsolete, superseded or administrative value is lost. DISCIPLINARY CASE FILES: EMPLOYEE (NOT SUSTAINED /UNFOUNDED) Item# 100 This record series consists of formal and informal disciplinary cases that were determined as not sustained, unfounded, or exonerated charges. RETENTION: a) Record copy. 1 year after final action. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. DRAFTS AND WORKING PAPERS Item# 242 This record series consists of documents, correspondence, reports, memos, and other materials in preliminary or developmental form before their iteration as a final product. Drafts may include copies of materials circulated for review for grammar, spelling, and content. Working papers may include notes and miscellaneous documents and materials used in compiling and assembling the final product. Note that some draft documents and working papers may have long -term value; such documents may even have archival or historical value. Drafts of agency mission statements or preliminary versions of policy initiatives that could have a significant effect on a state or local government agency's ability and responsibility to fulfill its function would qualify as records with a longer retention requirement. Such records might be better placed under the record series "Administrative Records: Department Head" (GS1, Item 122). RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete; superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE, GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 ELECTRONIC RECORDS SOFTWARE Item# 231 This record series consists of proprietary and non - proprietary software as well as related documentation that provides information about the content, structure and technical specifications of computer systems necessary for retrieving information retained in machine- readable format. These records may be necessary to an audit process. RETENTION: a) Record copy. 1 year after superseded. b) Duplicates. 1 year after discontinued. EMPLOYEE PRE-COUNSELING RECORDS Item# 206 This record series consists of material and supporting documentation which provide documentation of initial contact with an employee regarding incidents which may or may not lead to disciplinary action. This series is not considered in and of itself a part of the employee discipline record, This record series should be filed separately from the employee's personnel record. RETENTION: a) Record copy. 1 year after final action. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. EMPLOYMENT ELIGIBILITY RECORDS Item# 101 This record series consists of a listing of all eligible candidates for a vacated position of employment. List includes name, address, home and work phone number, position vacated and social security number. See also "APPLICATIONS: EMPLOYMENT (NOT HIRED)," "PERSONNEL RECORDS: FLORIDA RETIREMENT SYSTEM," and /or "PERSONNEL RECORDS: NON FLORIDA RETIREMENT SYSTEM." RETENTION: a) Record copy. 2 years after expiration of eligibility. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. EMPLOYMENT EXAMINATION RECORDS Item# 102 This record series consists of test plans, announcements, ,grades, grading scales, keyed exams; test monitor's list of candidates, any research toward the development of the tests, and any other selection or screening criteria. See "APPLICATIONS: EMPLOYMENT (NOT HIRED), "'PERSONNEL RECORDS: FLORIDA RETIREMENT SYSTEM," and /or "PERSONNEL RECORDS: NON FLORIDA RETIREMENT SYSTEM." RETENTION: a) Record copy. 2 years after examination b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ENCUMBRANCE RECORDS Item# 20 This record series consists of documents and reports which document funds that have been encumbered. See also "CERTIFICATION FORWARD DOCUMENTS. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ENDOWMENTS, BEQUESTS AND TRUST FUND RECORDS Item# 211 This record series consists of creating, establishing or contributing to endowments, bequests and trust fund records. "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ENVIRONMENTAL REGULATION RECORDS Item# 167 This record series consists of permits, reviews, supporting documents and correspondence resulting from environmental regulation requirements in and /or effecting municipal /county /state agencies. RETENTION: a) Record copy. 5 fiscal years after completion provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE RECORDS Item# 103 This record series consists of EEO -5 and supporting documents, reviews, background papers and correspondence relating to employment papers and correspondence relating to employment statistics (race, sex, age, etc.). See also "AFFIRMATIVE ACTION RECORDS," and /or "MINORITY CERTIFICATION RECORDS." RETENTION: a) Record copy. 3 fiscal years after final action provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 EQUIPMENT USAGE RECORDS Item# 104 This record series consists of hours worked, equipment cost per hour, materials, etc., used for cost figures. See also "MAINTENANCE RECORDS: EQUIPMENT," "VEHICLE RECORDS," and /or "VEHICLES: ACCIDENT REPORTS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. EXCISE TAX/ SPECIAL ASSESSMENT RECORDS: DISBURSEMENT/ RECEIPT Item# 168 This record series consists of the cash disbursements and cash receipts that pertain to general or specific laws or State Constitution authorizing collection proceedings. See also "EXCISE TAX/SPECIAL ASSESSMENT RECORDS: JOURNALS" RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. EXCISE TAXISPECIAL ASSESSMENT RECORDS: JOURNALS Item# 175 This record series consists of journals that pertain to general or special laws or State Constitution authorizing collection proceedings. See also "EXCISE TAX/SPECIAL ASSESSMENT RECORDS: DISBURSEMENT /RECEIPT." RETENTION: a) Record copy. 7 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. EXPENDITURE PLANS: CAPITAL item# 208 This record series consists of capital improvement expenditure plans. RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. EXPENDITURE REPORTS Item# 105 This record series consists of documentation showing in summary fashion how agency funds, appropriated and non - appropriated, are dispersed. See also "VOUCHERS: INDIVIDUAL AGENCY." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. FEASIBILITY STUDY RECORDS Item# 106 This record series consists of working papers, correspondence, consulting firm reports and management committee reports investigating various projects of the governing agency. RETENTION: a) Record copy. 5 years after completion of study provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. FINAL ORDERS Item# 74 This record series consists of written final agency decisions which result from a proceeding under Florida Statutes Sections 120.54(4), 120.56, 120.565 and 120.57(1), (2) or (3), which is not a rule and which has been filed with the agency clerk. It includes final agency decisions which are affirmative, negative, injunctive or declaratory in form. It also includes all material explicitly adopted in it. See also "FINAL ORDERS: INDEX," "FINAL ORDERS: LIST" and /or "FINAL ORDERS: SUPPORTING DOCUMENTS. "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. FINAL ORDERS: INDEX Item# 75 This record series consists of an index of all final orders alphabetically arranged by main headings taken from the Florida Statutes index, when applicable. The applicable titles and citations of the Florida Statutes construed within the final order may determine the main subject headings and subheadings in the index. The numbers of the final orders are listed sequentially below the subheading. Cross references are used to direct the user to subject headings which contain the relevant information. See also "FINAL ORDERS," "FINAL ORDERS: LIST" and /or "FINAL ORDERS SUPPORTING DOCUMENTS." "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 FINAL ORDERS: LIST Item# 67 This record series consists of those final orders which do not contain statements of agency policy or statements of precedential value. Pursuant to Florida Statutes Chapter 120.57(3), informal disposition may be made of any proceeding by stipulation, agreed statement or consent order. See also "FINAL ORDERS," "FINAL ORDERS:INDEX" and /or "FINAL ORDER&SUPPORTING DOCUMENTS." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. FINAL ORDERS: SUPPORTING DOCUMENTS Item# 76 This record series consists of all notices, pleadings, motions and immediate rulings; evidence received or considered; a statement of matters officially recognized; questions and proffers-of proof and objections and rulings thereon; proposed findings and exceptions; any decision, opinion, proposed or recommended order, or report by the officer presiding at the hearing and all staff memoranda or data submitted to the hearing officer during the hearing or prior to its disposition, after notice of the submission to all parties, if such communications are public records. See also "FINAL ORDERS," "FINAL ORDERS: INDEX" and /or "FINAL ORDERS: LIST." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost: FINANCIAL REPORTS: ANNUAL (LOCAL GOVERNMENT) Item# 107 This record series consists of the official statement of the financial status of the specific entity concerning its operation for the preceding year as required by Florida Statutes Section 218.32. -A copy of the statement is submitted to the Department of Banking and Finance. See also "FINANCIAL REPORTS: ANNUAL (SUPPORTING DOCUMENTS." "These records may have archival value." RETENTION: a) Record copy. 10 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. FINANCIAL REPORTS, LOCAL GOVERNMENT: ANNUAL (SUPPORTING DOCUMENTS) Item# 108 This record series consists of the supporting documents of the financial status of the specific entity concerning its operation for the preceding year as required by Florida Statutes Section 218.32. A copy of the statement is submitted to the Department of Banking and Finance. See also "FINANCIAL REPORTS: ANNUAL." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. FUEL REPORTS: MONTHLY Item# 213 This record series consists of monthly reports consisting of totals of gasoline, diesel and oil used. See also "MAINTENANCE RECORDS: EQUIPMENT," "VEHICLE EXPENSE RECORDS," and /or "VEHICLE RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. GRANT FILES Item# 109 This record series consists of financial, management and any other related material which is generated subsequent to application for and /or expenditure of grant funds. Check with applicable granting agency for any additional requirements. See also "PROJECT CASE FILES," "PROJECT FILES: FEDERAL," and /or "PROJECT FILES: NON- CAPITOL." RETENTION: a) Record copy. 5 fiscal years after completion of project provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. GRIEVANCE FILES Item# 110 This record series consists of records of all proceedings in the settlement of disputes between employer and employee. See also "PERSONNEL RECORDS: FLORIDA RETIREMENT SYSTEM," and /or "PERSONNEL RECORDS: NON FLORIDA RETIREMENT SYSTEM." RETENTION: a) Record copy. 3 fiscal years after settlement provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 14 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 HEALTH EXAMINATION RECORDS: ROUTINE (PERSONNEL) Item# 212 This record series consists of personnel routine health examination records. See also "PERSONNEL RECORDS: FLORIDA RETIREMENT SYSTEM," and /or "PERSONNEL RECORDS: NON FLORIDA RETIREMENT SYSTEM." RETENTION: a) Record copy., 5 calendar years, b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INCIDENT REPORTS Item# 241 This record series consists of reports of strange occurrences or incidents which occur at a public facility or on publicly owned property. This instances may include alarm malfunctions, suspicious persons, maintenance problems, or any other circumstance that should be noted for future reference or follow up. These reports would not include the documentation of injuries for which staff has provided medical attention although the report may note that an ambulance, fire rescue, or the police were called. The incident report may record, but is not limited to, the name of the reporting staff member, the date /time /location of the incident, persons involved or witnesses, the extent of the problem, emergency response, supervisors notified and at what time, and the general outcome of the incident. RETENTION: . a) Record copy. 5 anniversary years b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INFORMATION REQUEST RECORDS Item# 23 This record series consists of correspondence accumulated in answering inquiries from the public. See also "CORRESPONDENCE: NON-ROUTINE" and /or "CORRESPONDENCE: ROUTINE." RETENTION: a) Record copy. 1 fiscal year provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INJURY REPORTS - Item# 188 This record series consists of reports prepared covering those members and employees who were off duty due to injury or illness on or duty. See also "ACCIDENT RECORDS: FATALITY," "ACCIDENT RECORDS: NON - FATALITY," and /or "WORKERS' COMPENSATION RECORDS." RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INSPECTION RECORDS: FIRE /SECURITYISAFETY Item# 193 This record series consists of inspection reports for fire, security, and safety. RETENTION: a) Record copy. 1 year after inspection, provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INSPECTION REPORTS: FIRE EXTINGUISHER (ANNUAL) Item# 219 This records series consists of annual fire extinguisher inspection reports. RETENTION: a) Record copy. Retain for life of equipment. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INSURANCE RECORD CARDS /REGISTERS Item# 181 This record series consists of all expenditures for insurance premiums, shown as journal entries, with the list of carriers and the amounts due to them. See also other "INSURANCE RECORDS." RETENTION: a) Record copy. 5fiscal years after expiration provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INSURANCE RECORDS: CLAIM Item# 111 This record series consists of correspondence and claims applications to the insurance company for claims made by the agency under coverage of the various insurance policies. See also other "INSURANCE RECORDS." RETENTION: a) Record copy. 5 years after final disposition of claim provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 INSURANCE RECORDS: POLICY Item# 112 This record series consists of policies, claim filing information, premium payment records, etc. which includes fire, theft, liability, medical, life, etc. on agency's property and /or employees. See also other "INSURANCE RECORDS. RETENTION: a) Record copy. 5 calendar years after expiration or cancellation of policy provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INVENTORY RECORDS: EQUIPMENT Item# 180 This record series consists of perpetual inventory of expendable parts and supplies. See also "INVENTORY RECORDS: PROPERTY," and /or "SUPPLY RECORDS." RETENTION: a) Record copy. 2 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INVENTORY RECORDS: PROPERTY Item# 40 This record series consists of all information regarding the purchase, maintenance and data collection involving all Operating Capital Outlay (O.C.O.) items which require an identification number and tag. Included in these reports are items sold through the auctions process as well as the Fixed Inventory Report showing all property owned by the agency. See also "INVENTORY RECORDS: EQUIPMENT," and /or "SUPPLY RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. INVOICES Item# 220 This record series consists of vendor invoices for items purchased, received or paid for. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. JOB TRAINING PARTNERSHIP ACT (JTPA) RECORDS Item# 113 This record series consists of a list of participating individuals and pilot programs, employees' proposals, and information on potential volunteer businesses and evaluations. Should programs possess nonexpendable property, authorized official may dispose of this property in accordance with agency's policies. See also "COMPREHENSIVE EMPLOYEES TRAINING ACT (CETA) RECORDS." RETENTION: a) Record copy. 3 fiscal years after annual report provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. JOURNALS: GENERAL (DAILY TRANSACTION) Item# 114 This record series consists of daily or monthly financial transactions documenting receipts and disbursements in summary and the individual items leading to the summary information. Records includes the vendor name, vendor invoice and number, date of invoice, warrant number, date of warrant and the amount. See also "CASH RECEIPT /REPORT RECORDS," and /or "VOUCHERS: INDIVIDUAL AGENCY." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. JOURNALS: GENERAL (MONTHLY SUMMARY) Item# 115 This record series consists of daily or monthly financial transactions documenting receipts and disbursements in summary and the individual items leading to the summary information. Records includes the vendor name, vendor invoice and number, date of invoice, warrant number, date of warrant and the amount. See also "CASH RECEIPT /REPORT RECORDS," and /or "VOUCHERS: INDIVIDUAL AGENCY." RETENTION: a) Record copy. 10 fiscal years provided applicable audits have been released. b) Duplicates_ Retain until obsolete, superseded or administrative value is lost. KEY CONTROL RECORDS Item# 189 This record series consists of the key control system which includes a complete inventory of all keys, reports of any malfunctioning locks, broken or lost keys and receipts for keys drawn by employees. See also "VISITOR LOGS. RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 LEASES: CAPITAL IMPROVEMENT Item# 62 This record series consists of legal documents, correspondence, reports, etc., relating to negotiation, fulfillment and termination of capital improvement leases to which the agency is a party. "Capital Improvements" shall mean enhancement to buildings, fixtures and all other improvements to land. In addition, it includes leases with architects, engineers, builders and construction companies. See also "AGREEMENTS: CAPITAL IMPROVEMENT, "AGREEMENTS: NON - CAPITAL IMPROVEMENT," "CONTRACTS: CAPITAL IMPROVEMENT," "CONTRACTS: NON - CAPITAL IMPROVEMENT, "LEASES: NON- CAPITAL IMPROVEMENT" and /or "LEASES: REAL PROPERTY." RETENTION: a) Record copy. 15 years after completion or termination of contract provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. LEASES: NON - CAPITAL IMPROVEMENT Item# 63 This record series consists of legal documents, correspondence, reports, etc., relating to negotiation, fulfillment and termination of non - capital improvement leases to which the agency is a party. In addition, it includes the various leases entered into for goods and services and includes the purchase of gas, fuel oil, annual purchases of inventory maintained items. See also "AGREEMENTS: CAPITAL IMPROVEMENT," "AGREEMENTS: NON- CAPITAL IMPROVEMENT," "CONTRACTS: CAPITAL IMPROVEMENT, CONTRACTS: NON - CAPITAL IMPROVEMENT," "LEASES: CAPITAL IMPROVEMENT' and /or "LEASES: REAL PROPERTY." RETENTION: a) Record copy. 5 fiscal years after completion or termination of contract provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. LEASES: REAL PROPERTY Item# 61 This record series consists of real property leases to which the agency is a party. "Real Property" means land, buildings, and fixtures. The terms "land," "real estate," "realty" and "real property" may be used interchangeably. See also "AGREEMENTS: CAPITAL IMPROVEMENT," "AGREEMENTS: NON- CAPITAL IMPROVEMENT," "CONTRACTS: CAPITAL IMPROVEMENT," "CONTRACTS: NON- CAPITAL IMPROVEMENT," "LEASES: CAPITAL IMPROVEMENT" and /or "LEASES: NON - CAPITAL IMPROVEMENT." RETENTION: a) Record copy. 15 years after completion or termination of contract provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. LEAVE INDEX RECORDS: FLORIDA RETIREMENT SYSTEM (FRS) Item# 18 This record series consists of a record of the total hours used and accrual of sick and vacation leave for all employees in the agency. See also" LEAVE INDEX RECORDS: NON FLORIDA RETIREMENT SYSTEM." RETENTION: a) Record copy. 25 years after separation or termination of employment. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. LEAVE INDEX RECORDS: NON- FLORIDA RETIREMENT SYSTEM (NON -FRS) Item# 182 This record series consists of a record of the total hours used and accrual of sick and vacation leave for all employees in the agency. See also" LEAVE INDEX RECORDS: FLORIDA RETIREMENT SYSTEM. " RETENTION:'" a) Record copy. 50 years after separation or termination of employment. b) Duplicates.; Retain until obsolete, superseded or administrative value is lost. LEAVE RECORDS Item# 116 This record series consists of documentation of sick, vacation and other types of leave submitted by employee to document authorized absence. The above documents could be used to indicate whether this time is to be paid or held for compensatory time. Also, items could be used to document payroll records or applicable retirement plans. This series may also include leave balance reports. See also "APPLICATIONS: LEAVE OF ABSENCE," "ATTENDANCE RECORDS: COMMITTEE," "ATTENDANCE RECORDS' OPS/TEMPORARY EMPLOYMENT," and /or "ATTENDANCE RECORDS: SENIOR MANAGEMENT /SELECT EXEMPT. /CAREER SERVICE," and or "LEAVE INDEX RECORDS." RETENTION: a) Record copy. 2 years provided posted to'Employee Leave Index Records'. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 17 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 LEDGERS: GENERAL (ANNUAL SUMMARY) Item# 117 This record series consists of ledgers containing accounts to which debits and credits are posted from supporting documents of original entry. Includes all permanent ledger entries. Also includes listings of accounts which contains the detailed and summer; of financial transactions for each month. RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost; LEDGERS: GENERAL (SUPPORTING DOCUMENTS) item# 118 This record series consists of ledgers containing accounts to which debits and credits are posted from supporting documents of original entry. Includes all permanent ledger entries. Also includes listings of accounts which contains the detailed and summary of financial transactions for each month. See also "JOURNALS: GENERAL (DAILY TRANSACTION," "JOURNALS: GENERAL (MONTHLY SUMMARY," and /or "LEDGERS: GENERAL (ANNUAL SUMMARY)." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost: LEGISLATION RECORDS Item# 119 This record series consists of proposed legislation for the Florida Legislature and all supporting documentation. "These records may have archival value." RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates.`' Retain until obsolete, superseded or administrative value is lost. LIBRARY CIRCULATION RECORDS Item# 233 This record series consists of the transactions devised to make library materials and equipment available to the entire library clientele. Also, includes delinquent records and charges, copies of incoming and outgoing interlibrary loan requests for books, magazine articles, microfilms, renewals and subject searches. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. LIBRARY SHELF LIST Item# 120 This record series consists of library shelf listings of books, periodicals, filmstrips, film and other materials. See also "ACCESSION RECORDS: LIBRARY." RETENTION: a) Record copy'. Retain for life of material. b) Duplicates.. Retain until obsolete, superseded or administrative value is lost. LICENSES: OCCUPATIONAL item# 221 This record series consists of applications and supporting records of licenses issued to business, professional, or occupation within "local governing authority's" jurisdiction. RETENTION: - a) Record copy. 1 calendar year after expiration provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. LITIGATION CASE FILES Item# 27 This record series consists of legal documents, notes, reports, background material, etc. created in the preparation of handling legal disputes. See also "OPINIONS: LEGAL (ATTORNEY)," and /or "OPINIONS: LEGAL (SUPPORTING DOCUMENTS." RETENTION: a) Record copy. 5 years after case closed or appeal process expired provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MAIL: UNDELIVERABLE FIRST CLASS Item# 1 This record series consists of mail from any agency mailing, returned due to an incorrect address or postage of the intended person or agency. See also "MAILING LISTS," and /or "POSTAGE RECORDS." RETENTION: a) Record copy. 1 years after returned undeliverable. b) Duplicates. Retain until obsolete, superseded or administrative value is lost, 18 — 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 MAILING LISTS Item# 29 This record series consists of only those mailing lists not used in mailing out no cost publications, as defined in Florida Statutes Section 283.55. See also "MAIL: UNDELIVERABLE FIRST CLASS," and /or "POSTAGE RECORDS." RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MAINTENANCE RECORDS: EQUIPMENT Item# 21 This record series consists of information reflecting individual history of major equipment repair and maintenance, i.e. work orders, dates, locations, cost of parts, etc. Also, this series includes electronic equipment and devices that require program changes and repairs. See also "EQUIPMENT USAGE RECORDS," and /or "VEHICLE LOGS." RETENTION: a) Record copy. 1 years after disposition of equipment provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MAINTENANCE RECORDS: VEHICLE Item# 53 This record series consists of mileage, gas, duplicate maintenance records, and expenditure records. A car log reflects activity of autos used by agency personnel for daily routine business, See also "EQUIPMENT USAGE," "MAINTENANCE RECORDS: EQUIPMENT," "VEHICLE RECORDS," "VEHICLE ACCIDENT REPORTS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MANAGEMENT STUDIES: INTERNAL Item# 30 This record series consists of documents accumulated in preparing internal work count studies and system studies for reference purposes. See also 'PERIODIC PROGRESS REPORTS: INTERNAL." RETENTION: a) Record copy. Retain, until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MATERIALS SAFETY RECORDS Item# 227 This record series consists of a list of toxic substances to which an employee is, has been or may be exposed to during the course of their employment with an employer who manufacturers, produces, uses, applies or stores toxic substances in the work place. RETENTION: a) Record copy. 30 years. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MEMORANDA Item# 31 This record series consists of interoffice or interdepartmental communications which do not subsequently result in the formulation of policies. See also CORRESPONDENCE: NON- ROUTINE," "DIRECTIVES /POLICIES! PROCEDURES," and /or "CORRESPONDENCE: ROUTINE." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. 'Retain until obsolete, superseded or administrative value is lost. MINORITY CERTIFICATION CASE FILES Item# 169 This record series consists of case files referencing women and minority companies that have applied for certification with the city /county /state agency. See also "AFFIRMATIVE ACTION RECORDS," and /or "EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MINUTES: OFFICIAL MEETINGS (AUDIOVISUAL RECORDINGS) Item# 4 This record series consists of audio and /or video recordings of official meetings as defined in Florida Statutes Section 286.011(2). See also "CABINET AFFAIRS FILES," "MINUTES: OTHER MEETINGS and /or "MINUTES: OFFICIAL MEETINGS (TRANSCRIPTS)." RETENTION: a) Record copy. 2 years after certification of transcript: b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 MINUTES: OFFICIAL MEETINGS (SUPPORTING DOCUMENTS) Item# 123 This record series consists of supporting documents for minutes and agendas generated by official meetings. See also "CABINET AFFAIRS FILES," "MINUTES: OTHER MEETINGS," "MINUTES: OFFICIAL MEETINGS (AUDIOVISUAL RECORDINGS)" and /or "MINUTES: OFFICIAL MEETINGS (TRANSCRIPTS)." RETENTION: a) Record copy. -3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MINUTES: OFFICIAL MEETINGS (TRANSCRIPTS) Item# 32 This record series consists of transcripts and the agenda and any information which is the official record of meetings as defined in Florida Statutes Section 286.011(2). "See also "CABINET AFFAIRS FILES," "MINUTES: OTHER MEETINGS" and /or "MINUTES: OFFICIAL MEETINGS (AUDIOVISUAL RECORDINGS). "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. MINUTES: OTHER MEETINGS Item# 33 This record series consists of minutes from all staff meetings which are not included in "MINUTES: OFFICIAL MEETINGS." See also "MINUTES: OFFICIAL MEETINGS (AUDIOVISUAL RECORDINGS)" and /or "MINUTES: OFFICIAL MEETINGS (TRANSCRIPTS)." RETENTION: a) Record copy. 1 year after superseded provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. NEWS RELEASES Item# 34 This record series consists of news releases distributed by the agency and news releases received from other offices for informational purposes. See also "PUBLIC INFORMATION CASE FILES," and /or "PUBLICATION AND MEDIA ITEM RECORDS." "These records may have archival value." RETENTION: a) Record copy. 90 days. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. OPERATIONAL AND STATISTICAL REPORT RECORDS: OFFICE Item# 124 This record series consists of daily, weekly, monthly, biannual, and annual narrative and statistical reports of office operations made within and between agency departments. RETENTION: a) Record copy. 1 fiscal year provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. OPINIONS: LEGAL (ATTORNEY) Item# 26 This record series consists of written opinions of lasting significance establishing policy or precedent answering legal questions from all program areas involving questions of interpretation of Florida or federal law. See also "LITIGATION CASE FILES," and /or "OPINIONS: LEGAL (SUPPORTING DOCUMENTS)." "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. OPINIONS: LEGAL (SUPPORTING DOCUMENTS) Item# 125 This record series consists of the supporting documentation to the opinions that answer legal questions from all program areas involving questions of interpretation of Florida or Federal law. See also "LITIGATION CASE FILES," and /or "OPINIONS: LEGAL (ATTORNEY).,, RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ORDINANCES Item# 228 This record series consists of an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law. See also "ORDINANCES: SUPPORTING DOCUMENTS." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 20 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 ORDINANCES: SUPPORTING DOCUMENTS Item# 229 This record series consists of supporting documentation to the ordinance, which is a regulation of a general and permanent nature and enforceable as a local law. See also "ORDINANCES." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ORGANIZATION CHARTS Item# 126 This record series consists of organizational charts that show lines of authority and responsibility agency -wide, within and between the various departments of the agency. See also " DIRECTIVES /POLICIES /PROCEDURES," and /or "DISASTER PLANS." RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PARKING DECALIPERMIT RECORDS Item# 127 This record series consists of parking applications for automobile and motor bike decals for employees. See also "VEHICLE RECORDS." RETENTION: a) Record copy. 2 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PAYROLL RECORDS: CERTIFICATION REPORT Item# 195 This record series consists of records signed by the supervisor of each department approving the hours worked by the employees. RETENTION: a) Record copy. 2 calendar years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PAYROLL RECORDS: CORRECTION FORMS Item# 196 This record series consists of manual payroll correction forms that are prepared to calculate manually prepared checks, used as input to data processing. RETENTION: a) Record copy. 2 years provided posted to applicable retirement plan. b) Duplicates Retain until obsolete, superseded or administrative value is lost. PAYROLL RECORDS: DEDUCTION AUTHORIZATIONS Item# 129 This record series consists of forms authorizing direct deductions for insurance, union dues, credit unions, savings bonds, charitable contributions, etc. See also "PAYROLL RECORDS," and /or "SOCIAL SECURITY CONTROLLED SUMMARY RECORDS_" RETENTION:' a) Record copy. 2 years after final action provided applicable audits have been released. b) Duplicates` Retain until obsolete, superseded or administrative value is lost. PAYROLL RECORDS: INDIVIDUAL EMPLOYEE (NOT POSTED) Item# 214 This record series consists of any payroll record not posted to the employee's applicable retirement plan, in any format (plus indices, if applicable), which are used to document payment for retirement or other purposes during an employee's duration of employment and also lists each rate(s) of pay changes. See also "PAYROLL RECORDS: INDIVIDUAL EMPLOYEE (POSTED)," and /or "SOCIAL SECURITY CONTROLLED SUMMARY RECORDS. RETENTION: a) Record copy. 50 years. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PAYROLL RECORDS: INDIVIDUAL EMPLOYEE (POSTED) Item# 35 This record series consists of any payroll record posted to the employee's applicable retirement plan, in any format (plus indices, if applicable), which are used to document payment for retirement or other purposes during an employee's duration of employment and also lists each rate(s) of pay changes. See also other "PAYROLL RECORDS`. INDIVIDUAL EMPLOYEE (NOT POSTED)," and /or "SOCIAL SECURITY CONTROLLED SUMMARY RECORDS." RETENTION: a) Record copy. 4 years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 PAYROLL RECORDS: PAY LIST Item# 197 This record series consists of records sent to the departments, and used to verify the payroll certifications report. Includes employee name, amount paid, and hours worked. RETENTION: a) Record copy. 2 years after verified. b) Duplicates. Retain until obsolete, superseded or administrative value is lost: PAYROLL RECORDS: REGISTERS (NOT POSTED) Item# 215 This record series consists of records not posted to the employee's applicable retirement plan, in any format (plus indexes, if applicable), which are used to document payment for retirement or other purposes during an employee's duration of employment and also lists each rate of pay. See also other "PAYROLL RECORDS: REGISTERS (POSTED)," and /or "SOCIAL SECURITY CONTROLLED SUMMARY RECORDS." RETENTION: a) Record copy. 50 years. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PAYROLL RECORDS: REGISTERS (POSTED) Item# 59 This record series consists of records posted to the employee's retirement plan, in any format (plus indexes, if applicable), which are used to document payment for retirement or other purposes during an employee's duration of employment and also lists each rate of pay. Please note that the information in this record series should be posted to an applicable retirement plan. See also other "PAYROLL RECORDS: REGISTERS (NOT POSTED);" and /or "SOCIAL SECURITY CONTROLLED SUMMARY RECORDS." RETENTION: a) Record copy. 4 years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PAYROLL RECORDS: TRIAL BALANCE Item# 183 This record series consists of manual record of payroll totals for the net and gross wages, FICA wages, retirement wages and deductions, tax and other deductions. See also other "PAYROLL RECORDS," and /or "SOCIAL SECURITY CONTROLLED SUMMARY RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PERIODIC PROGRESS REPORTS: INTERNAL Item# 36 This record series consists of documents accumulated in compiling, reviewing, and submitting internal progress reports. See also "MANAGEMENT STUDIES: INTERNAL. RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PERSONNEL RECORDS FLORIDA RETIREMENT SYSTEM Item# 19 This record series consists of an application for employment, resume, personnel action reports, directly related correspondence, oath of loyalty, fingerprints, medical examination reports, performance evaluation reports, worker's compensation reports, and other related materials. (Note: Contact your agency's Personnel Office prior to destruction in case they want to review the records). See also "EMPLOYMENT EXAMINATION RECORDS," "DISCIPLINARY CASE FILES," "PRE - EMPLOYMENT RECORDS: HIRED," and other "PERSONNEL RECORDS." . RETENTION: a) Record copy. 25 years after separation or termination of employment. b) Duplicates. 1 year after termination of employment. PERSONNEL RECORDS: LOCATOR Item# 131 This record series consists of a log or card of where to locate personnel including name of individual, location to be found, date, address, emergency contact and other general information. RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 PERSONNEL RECORDS: NON - FLORIDA RETIREMENT SYSTEM Item# 162 This record series consists of an application for employment, resume, personnel action reports, directly related correspondence, oath of loyalty, fingerprints, medical examination reports, performance evaluation reports, worker's compensation reports, and other related materials. (Note: Contact your agency's Personnel Office prior to destruction in case they want to review the records.) See also "EMPLOYMENT EXAMINATION RECORDS," "DISCIPLINARY CASE FILES," "PRE- EMPLOYMENT RECORDS: HIRED," and "PERSONNEL RECORDS." RETENTION: a) Record copy. 50 years after termination of employment. b) Duplicates. 1 year after termination of employment. PERSONNEL RECORDS: OPSITEMPORARY EMPLOYMENT Item# 66 This record series consists of all information relating to each O.P.S. or temporary employee within each agency. Also, records may include an employment application and /or resume, personnel action forms and any correspondence relating to that individual. Temporary employment may include personnel from a local employment agency. See also "EMPLOYMENT EXAMINATION RECORDS," "DISCIPLINARY CASE FILES," "PRE - EMPLOYMENT RECORDS: HIRED," and other "PERSONNEL RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. I year after termination of employment. PETTY CASH DOCUMENTATION RECORDS Item# 202 This record series consists of receipts, bills and monthly balances indicating amount needed for replenishing this revolving account. See also "ACCOUNTS PAYABLE /RECEIVABLE RECORDS: SUPPORTING DOCUMENTS. RETENTION: a) Record copy. 3 fiscal years. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. POSITION DESCRiPTION RECORDS Item# 38 This record series consists of specifically assigned duties and responsibilities for a particular position, including percentage breakdown of duties. See also "CLASS SPECIFICATION RECORDS." RETENTION: a) Record copy. 2 years after superseded provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. POSTAGE RECORDS Item# 133 This record series consists of a detailed listing showing the amount of postage used, date, unused balance and purpose. See also "MAILING LISTS," and /or ".MAIL: UNDELIVERABLE FIRST CLASS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value islost. PRE - EMPLOYMENT RECORDS: NOT HIRED item# 134 This record series consists of applications, resumes, credential information, Pre - employment Physical, documentation of interviews (including audio tapes) and supporting documentation for those individuals not hired. See also "APPLICATIONS: EMPLOYMENT (NOT HIRED," "EMPLOYMENT ELIGIBILITY RECORDS," "EMPLOYMENT EXAMINATION RECORDS," "PERSONNEL RECORDS:FLORIDA RETIREMENT SYSTEM," and /or "PERSONNEL RECORDS: NON FLORIDA RETIREMENT SYSTEM." RETENTION: a) Record copy. 2 years after application deadline. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PROCLAMATIONSIRESOLUTIONS item# 142 This record series consists of an expression of a governing body concerning administrative matters, an expression of a temporary character or a provision for the disposition of a particular item of the administrative business of a governing body or organization. See also "CHARTERS /AMENDMENTS /BY -LAWS/ CONSTITUTIONS," and /or "DIRECTIVES /POLICIES /PROCEDURES." "These records may have archival value." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. [LOW, .9 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GSJ PROCLAMATIONS /RESOLUTIONS: SUPPORTING DOCUMENTS Item# 143 This record series consists of an expression of governing body concerning matters of administrative, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body or organization. See also "PROCLAMATIONS /RESOLUTIONS" and /or " DIRECTIVES /POLICIES /PROCEDURES." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PROJECT CASE FILES Item# 184 This record series consists of unique correspondence, working papers, reports, research and back -up material pertaining to a specific departmental project. See also "GRANT FILES," "PROJECT FILES: CAPITAL IMPROVEMENT," "PROJECT FILES: FEDERAL;" "PROJECT FILES: PRIORITY REPORTS," "PROJECT FILES: PROGRAM DEVELOPMENT" and /or "PROJECT FILES: REAL PROPERTY LEASES." RETENTION: a) Record copy'. 5 fiscal years after completion of project provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PROJECT FILES: CAPITAL IMPROVEMENT Item# 136 This record series consists of correspondence or memorandums (incoming and outgoing), drawings, resolutions, narratives, budget revisions, survey information, change orders, computer runs and reports all pertaining to capital improvement projects in progress, construction and contract specifications for various proposed projects sent out for bid. Files may contain materials relating to specific projects, such as convention center, municipal /county library, provided by the agency. See also "PROJECT CASE FILES" "PROJECT FILES: FEDERAL," "PROJECT FILES: NON - CAPITAL IMPROVEMENT, "PROJECT FILES: PRIORITY REPORTS," "PROJECT FILES: REAL PROPERTY LEASES" and /or "VOUCHERS: FEDERAL PROJECTS PAID." RETENTION: a) Record copy. 15 fiscal years after completion of project: b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PROJECT FILES: FEDERAL Item# 137 This record series consists of original approved project contracts, agreements, awards, and line -item budgets, budget amendments, cash requests, correspondence and audit reports. (NOTE: Check with applicable agency and /or the Code of Federal Regulations -(CFR) for any additional requirements.) See also "GRANT FILES," "PROJECT CASE FILES, "PROJECT FILES: CAPITAL IMPROVEMENT," "PROJECT FILES: PRIORITY REPORTS," "PROJECT FILES: REAL PROPERTY LEASES" and /or "VOUCHERS: FEDERAL PROJECT PAID." RETENTION: a) Record copy. 5 fiscal years after completion of project provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PROJECT FILES: NON - CAPITAL IMPROVEMENT Item# 138 This record series consists of correspondence or memorandums (incoming and outgoing), drawings, resolutions, narratives, budget revisions, survey information, change orders, computer runs and reports all pertaining to projects in progress, construction and contract specifications for various proposed projects sent out for bid. Files may contain materials relating to specific projects, such as convention center, municipal /county library, provided by the agency. See also "GRANT FILES, "PROJECT FILES: CAPITAL IMPROVEMENT," "PROJECT FILES: FEDERAL" and /or "VOUCHERS FEDERAL PROJECTS PAID." RETENTION: a) Record copy. 5 fiscal years after completion of project provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PROMOTION RECORDS: EMPLOYEE (NOT PROMOTED) Item# 139 This record series consists of an application for promotion, any promotional level tests and the test results for employees not promoted. 'See also "APPLICATIONS: EMPLOYMENT (NOT HIRED), "EMPLOYMENT EXAMINATION RECORDS" "PERSONNEL RECORDS," "PERSONNEL RECORDS: FLORIDA RETIREMENT SYSTEM," and /or "PERSONNEL RECORDS: NON FLORIDA RETIREMENT SYSTEM:" RETENTION: a) Record copy. 2 years after reviewed for promotion. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 PROPERTY CONTROL RECORDS Item# 222 This record series consists of a description of all property of a non- consumable nature, the value of which is 500 dollars or more, and the normal expected life of which is 1 year or more as required by Florida Statutes Section 224.02. The record contains the class and type, number of units, make and manufacturer, year and model, manufacturers serial number or other identifying marker attached to the property, the value or cost of the property, date acquired, the location, custodian, date of inventory, condition of property, final detailed disposition of property and any additional information that maybe necessary. This record includes a form which is completed by the individual department when the property or equipment is relocated, transferred, surpluse, sold, scrapped, traded in, abandoned or stolen. RETENTION: a) Record copy. Retain for life of equipment. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PROPERTY TRANSFER FORMS item# 41 This record series consists of all capital and non - capital property transfer forms to declare surplus or transfer to another unit of local or state government. This series does not include real property transfers. RETENTION: a) Record copy. 1 fiscal year provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PUBLIC EMPLOYEE RELATION FiLES Item# 140 This record series consists of reviews, background papers and correspondence relating to collective bargaining, grievances, judicial review and employment discriminations statistics (race, sex, age, etc.). See also "BARGAINING RECORDS," and /or "BARGAINING RECORDS: CONTRACTS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PUBLIC INFORMATION CASE FILES Item# 128 This record series consists of, speeches and drafts, contact prints, negatives, enlargements from negatives and transparencies created as illustrations in agency publications or as visual displays of agency activities. See also "NEWS RELEASES," and /or "PUBLICATIONS AND MEDIA ITEM RECORDS." "these records may have archival value." RETENTION: a) Record copy. 90 days. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PUBLIC PROGRAWEVENT RECORDS: CONTRACTED Item# 238 This record series consists of case files of various agencies provided or sponsored events or programs which are available to the public or segments of the public. Files may include, copies of contracts or agreements, participant or performer information, program details and arrangements, photo or video tapes. See also "PUBLIC PROGRAM /EVENT RECORDS: NOW CONTRACTED." RETENTION: a) Record copy. 5 fiscal years after completion of contract provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PUBLIC PROGRAM /EVENT RECORDS: NON - CONTRACTED Item# 239 This record series consists of case files of various agencies provided or sponsored events or programs which are available to the public or segments of the public. Files may include, copies of contracts or agreements, participant or performer information, program details and arrangements, photo or video tapes. See also "PUBLIC PROGRAM /EVENT RECORDS: CONTRACTED." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PUBLICATIONS AND MEDIA ITEM RECORDS Item# 198 This record series consists of records used to generate publications such as catalogs, pamphlets and leaflets and other media items including rough, blue lined, and final copies. See also "NEWS RELEASES, and /or "PUBLIC INFORMATION CASE FILES." RETENTION: a) Record copy. Retain until receipt of final copy. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 25 _ 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 PURCHASE ORDER LOGS Item# 69 This record series consists of a log of outstanding and paid requisitions and purchase orders which is used for cross- reference purposes. See also "PURCHASING RECORDS," "REQUISITION LOGS" and /or "REQUISITIONS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. PURCHASING RECORDS Item# 42 This record series consists of a copy of the purchase order which is retained by the originating office while another is sent by the purchasing office to the appropriate vendor for action. See also "PURCHASING RECORDS: REGISTERS," "REQUISITIONS," and /or "REQUISITIONS: LOGS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. 1 fiscal year. READING FILES Item# 43 This record series consists of duplicates of all outgoing correspondence which is filed chronologically. See also "CORRESPONDENCE: NON- ROUTINE" and /or "CORRESPONDENCE: ROUTINE. RETENTION: a) Record copy. 1 fiscal year provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. RECEIPTS: REGISTERED AND CERTIFIED MAIL Item# 47 This record series consists of receipts for registered and certified mail sent out or received by a particular office. See also "MAIL: UNDELIVERABLE FIRST CLASS," and /or "POSTAGE RECORDS." RETENTION: a) Record copy. 1 fiscal year. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. RECEIVING REPORTS Item# 44 This record series consists of documentation for the receipt of equipment; supplies ordered or services for payment. See also "CASH COLLECTION RECORDS: DAILY" and /or "CASH RECEIPT/REPORT RECORDS. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. RECORDS DISPOSITION REQUEST FORMS item# 45 This record series consists of the records destruction request forms that are submitted to the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management, requesting authorization for destruction of public records in accordance with Florida Statutes Chapters 119 and 25T. See also "RECORDS RETENTION SCHEDULE FORMS.,, RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. RECORDS RETENTION SCHEDULE FORMS Item# 68 This record series consists of the records retention schedule forms that are submitted to the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management, requesting retention requirements of public records in accordance with Florida Statutes Chapters 119 and 257. See also "RECORDS DISPOSITION REQUEST FORMS." RETENTION: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. REFERENCE FILES: EQUIPMENT Item# 223 This record series consists of equipment specifications, technical manuals, brochures, bulletins, operating instructions, etc. RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 26 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 REFUND REQUESTS Item# 46 This record series consists of request for refund and a copy of the Revolving Fund warrant to document payment of the refund. See also "CASH COLLECTION RECORDS: DAILY." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. REGISTRATIONS: BICYCLE Item# 165 This record series consists of records pertaining to the registration of bicycles including name of owner, type of bicycle, serial number and description. RETENTION: a) Record copy. 1 year after expiration. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. REGISTRATIONS: MOTOR VEHICLE Item# 171 This record series consists of registration, title, contracts, warranties, inspection reports and other required documentation. RETENTION: a) Record copy. 1 year after disposition of vehicle. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. REQUISITION LOGS Item# 48 This record series consists of a dog of outstanding and paid requisitions and purchase orders which is used for cross - reference purposes. See also "PURCHASE ORDER LOGS, "PURCHASING RECORDS" and /or "REQUISITIONS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. REQUISITIONS item# 22 This record series consists =of a copy of the requisition which is retained by the originating office while another copy is sent to supply, purchasing, graphics, duplicating or other sections for action. See also "PURCHASE ORDER LOGS," "PURCHASING RECORDS," "PURCHASING RECORDS: REGISTERS," and /or "REQUISITION LOGS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. - 1 fiscal year. SALARY COMPARISON REPORTS Item# 49 This record series consists of a report which is distributed and provided for reference purposes only. This data is compiled from records located in the Personnel Office. RETENTION: a) Record copy. 1 fiscal year provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. SALARY SCHEDULES Item# 240 This record series consists of a pay grade comparison chart or log indicating the salary classification for each position. RETENTION: a) Record copy. Permanent b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. SEARCH COMMITTEE RECORDS Item# 199 This record series consists of minutes, reports, vitaes, resumes, references of applicants and the affirmative action compliance report. RETENTION: a) Record copy. 2 years after position filled: b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 SOCIAL SECURITY CONTROLLED SUMMARY RECORDS Item# 144 his record series consists of an agency's copy of the State's FICA report mailed to the Division of Retirement. Report lists the total taxable wages plus the amount withheld from employee wages plus employer's contribution. See also "PAYROLL RECORDS: DEDUCTION AUTHORIZATIONS," "PAYROLL RECORDS: INDIVIDUAL EMPLOYEE (POSTED)," and /or "PAYROLL RECORDS: REGISTERS (POSTED). RETENTION: a) Record copy. 4 calendar years after due date of tax provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. STATE AUTOMATED MANAGEMENT ACCOUNTING SYSTEM (SAMAS) REPORTS Item# 50 This record series consists of reports of all updated transactions entered into the system and a financial statement for each month for all divisions and /or bureaus of the agency. (Note: This description and retention periods includes any records in the custody of Comptroller's Office or any computer records.) See also "ACCOUNTS PAYABLE /RECEIVABLE RECORDS:SUPPORTING DOCUMENTS" and/or "FINANCIAL REPORTS: ANNUAL(LOCAL GOVERNMENT)." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. STOP PAYMENT REQUESTS Item# 177 This record series consists of the request that is sent to the bank in order to void a lost check. See also "BAD CHECKS," "CHECKS. LOG," and /or "CHECK REGISTERS." RETENTION: a) Record copy. 5 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. SUPPLY RECORDS Item# 51 This record series consists of documentation of a perpetual inventory of expendable supplies located in a central supply office for use by agency employees. Included in this series is a listing of all available supplies which is distributed periodically or upon request. See also "INVENTORY RECORDS," and /or "INVENTORY RECORDS: PROPERTY." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. TELEPHONE CALL LOGS: LONG DISTANCE Item# 145 This record series consists of information of long distance calls which is recorded on this log to reconcile calls made with telephone bills. See also "TELEPHONE CALL RECORDS: LONG DISTANCE." RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. TELEPHONE CALL RECORDS: LONG DISTANCE Item# 28 This record series consists of documentation of separately billed long distance telephone service. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates: Retain until obsolete, superseded or administrative value is lost. TIME CARDS: OPS/TEMPORARY EMPLOYMENT Item# 200 This record series consists of Other Personnel Services (OPS) employees' time cards and a compilation of those time cards. See also "ATTENDANCE RECORDS: OPS/TEMPORARY EMPLOYMENT." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. TRAINING MATERIAL RECORDS Item# 147 This record series consists of materials used in training, such as films, slides, commentaries, manuals, workbooks and other related items. This records series does not include individual training records. Check with applicable training agencies (i.e. state and federal agencies, etc.) for these retention requirements.' RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost: b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 28 1 0/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 TRAINING RECORDS: EMPLOYEE item# 148 This record series consists of a record for each employee in the department which may include all educational and training records of the employee. See also "PERSONNEL RECORDS: FLORIDA RETIREMENT SYSTEM," and /or "PERSONNEL RECORDS: NON FLORIDA RETIREMENT SYSTEM." RETENTION: a) Record copy. 2 years after completion of training. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. TRANSITORY MESSAGES - Item# 146 This record series consists of those records that are created primarily for the communication of information, as opposed to communications designed for the perpetuation of knowledge. Transitory messages do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. The informal tone of transitory messages might be compared to the communication that might take place during a telephone conversation or a conversation in an office hallway. Transitory messages would include, but would not be limited to: E -mail messages with short- lived, or no administrative value, voice mail, self- sticking notes, and telephone messages. RETENTION: a) Record copy. Retain until obsolete, superseded or administrative value is lost. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. TRAVEL RECORDS Item# 52 This record series consists of records containing detailed information pertaining to expenses incurred during travel and the authorized per diem rate indicated, unless reimbursement is to be made on the actual cost of lodging and meal allowances. The appropriate supporting documents may also be included such as itineraries and etc. with the voucher. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. UNEMPLOYMENT COMPENSATION RECORDS Item# 149 This record series consists'of reports submitted to the State on a quarterly basis stating name of each employee, employee number, amount of wages paid during quarter subject to unemployment benefits, social security number, number of weeks covered and other pertinent information which is retained by the State for determination of unemployment benefits due to applicants for same. Also includes, receipts and statements of charges. RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. UTILITY CUSTOMER RECORDS Item# 170 This record series consists of individual account records, meter cards and readings, payment receipts and deposit records for utility services. RETENTION a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. VALIDATING MACHINE TAPE RECORDS Item# 230 This record series consists of tapes of daily cash or check transactions. Also, may include refunds or rebates. See also " CASH RECEIPT /REPORT RECORDS" and /or "CASH COLLECTION RECORDS: DAILY." RETENTION: a) Record copy.. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost: VEHICLE ACCIDENT REPORTS Item# 151 This record series consists of reports of employees that are involved in accidents in an agency vehicle or in their own vehicle during the course of agency business. See also "ACCIDENT RECORDS: FATALITY," "ACCIDENT RECORDS: NOW FATALITY , "INJURY REPORTS," and /or "VEHICLE RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 VEHICLE EXPENSE RECORDS Item# 185 This record series consists of records for gas, tires, repairs, etc. used for agency cars. See also "MAINTENANCE RECORDS: EQUIPMENT" and/or "VEHICLE RECORDS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost: VEHICLE LOGS Item# 224 This record series consists of activity of auto used by agency personnel for daily routine business. The log shows the name of the driver, destination and total trip mileage. RETENTION: a) Record copy. 1 fiscal year provided applicable audits have been released b) Duplicates. Retain until obsolete, superseded or administrative value is lost. VEHICLE RECORDS Item# 154 This record series consists of all pertinent records pertaining to each vehicle owned by the agency. The records usually consist of the vehicle registration papers, copy of the title, inspection information, maintenance agreements, credit card information, confidential tag issuance information and any other information relating to the vehicle. See also "VEHICLE ACCIDENT RECORDS," and /or "VEHICLE EXPENSE RECORDS." RETENTION:' a) Record copy. 1 year after disposition of vehicle provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. VENDOR FILES Item# 97 This record series consists of vendor invoices for items purchased or leased, received and paid for. See also "VOUCHERS: INDIVIDUAL AGENCY. RETENTION:' a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. VERIFICATION RECORDS: ATTENDANCE /EMPLOYMENT /ENROLLMENT Item #343 This record series consists of written replies created in response to requests made to public agencies for verification of employment at an agency or of enrollmentlattendance at an educational institution. The record series may also apply to logs that are created in order to record the number of telephone inquiries for such verification and responses that are made verbally over the telephone. RETENTION: a) Record copy. 90 days. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. VISITOR LOGS Item# 54 This record series consists of records documenting employees' and visitors' entrance into an agency's building during and /or after office hours. See also "KEY CONTROL RECORDS." RETENTION: a) Record copy. 1 year. b) Duplicates'. Retain until obsolete, superseded or administrative value is lost. VOUCHERS: FEDERAL PROJECT PAID Item# 156 This record series consists of vouchers paid for federally funded projects. Check with applicable agency for any additional requirements. See also "PROJECT FILES: FEDERAL." RETENTION: a) Record copy. 5 fiscal years after completion or termination of project provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. VOUCHERS: INDIVIDUAL AGENCY (LOCAL) Item# 163 This record series consists of paid vouchers, supported with a copy of the purchase requisition, a copy the purchase order and the vendor's invoice, and supporting documents. The check number and other pertinent information are posted to the voucher. See also "VENDOR FILES," "JOURNALS: GENERAL (DAILY SUMMARY)," "JOURNALS: GENERAL (MONTHLY SUMMARY); and /or other "VOUCHERS." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 30 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 VOUCHERS: INDIVIDUAL AGENCY (STATE) Item# 155 This record series consists of paid vouchers, supported with a copy of the purchase requisition, a copy of the purchase order and the vendor's invoice and supporting documents. The check number and other pertinent information are posted to the voucher. See also "VENDOR FILES," "JOURNALS: GENERAL (DAILY SUMMARY)," "JOURNALS: GENERAL (MONTHLY SUMMARY), and /or other "VOUCHERS." RETENTION: a) Record copy. 5 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. VOUCHERS: JOURNAL Item# 194 This record is used to make special corrections, budget allocations, penned entries from financial statements and to adjust entries from preliminary to final closing. RETENTION:, a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost: W -2 FORMS Item# 157 This record series consists of information from employer to employee concerning total wages paid during previous year. Information includes name, address, social security number, gross income; amount of federal tax and social security withheld. The retention period mentioned below for the record (master) copy was established pursuant to Section 26 CFR 31.6001 -1 (2). See also "W-4 FORMS," "W -9 FORMS," "1099 FORMS," "1099 REPORTS" and /or "941 -E FORMS." RETENTION: a) Record copy., 4 calendar years after due date of tax. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. W-4 FORMS Item# 158 This record series consists of information from employee to employer concerning dependent deductions claimed. Information includes name, address, social security number, marital status, and number of dependents claimed. The retention period mentioned below for the record (master) copy was established pursuant to Section 26 CFR 31.6001 -1(2). See also "W -2 FORMS," "W -9 FORMS," "1099 FORMS," "1099 REPORTS" and /or "941 -E FORMS. RETENTION: a) Record copy. 4 calendar years after due date of tax. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. W -9 FORMS Item# 178 This record series consists of the information used in creating the 1099 report that is given to the customer and the Internal Revenue Service (IRS). The customer certifies backup withholding status and reporting number. See also "W--2 FORMS," "1099 FORMS, "1099 REPORTS" and /or "941 -E FORMS." RETENTION: a) Record copy. 4 calendar years after due date of tax. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. WORK ORDERS Item# 141 This record series consists of information reflecting the individual history of major or minor maintenance or services requiring a work order request. Work order includes dates, locations, cost of labor, hours worked, equipment cost per hour, material used and cost, and other pertinent details. This item does not include equipment maintenance records. See also "MAINTENANCE RECORDS EQUIPMENT." RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. WORKERS' COMPENSATION RECORDS Item# 55 This record series consists of the first report of injury and the employer's supplemental, reports including, if used, OSHA Form No. 200 as well as its predecessor forms No. 100 and 102 and OSHA Form No. 101. These records are created pursuant to Florida Statutes Section 440.09 and OSHA standards 1904.2, 1904.4, and 1904.5.. RETENTION: a) Record copy. 5 calendar years b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 0/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 1099 FORMS Item# 159 This record series consists of a form required to be filled out and sent to the internal Revenue Service (IRS) for an over collectio- of employer tax, under section 31.01 Code of Federal Regulation. The retention period for the record copy is pursuant to Sectir- 26 CFR 31.6001 -1. See also "W-2 FORMS," "W-4 FORMS," "W -9 FORMS," "1099 REPORTS" and /or "941 -E FORMS." RETENTION: a) Record copy. 4 calendar years after due date of tax. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 1099 REPORTS Item# 160 This record series consists of employer filing an annual report to Internal Revenue Services (IRS) for previous year's refund of employees. The retention period mentioned below for the record (master) copy was established pursuant to Section 26 CFR 31.6001 -1. See also "W -2 FORMS, "W-4 FORMS," "W -9 FORMS," "1099 FORMS" and /or "941 -E FORMS." RETENTION: a) Record copy. 4 calendar years after due date of tax. b) Duplicates. ;Retain until obsolete, superseded or administrative value is lost. 911 LOGS: DAILY Item# 232 This record series consists of a daily listing which shows the 911 telephone calls received by time, address, complaint, officer handling the call; handling time, phone number called from, remarks and reference signal. RETENTION: a) Record copy. 1 year after received. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 941 -E FORMS Item# 161 This record series consists of reports submitted to the Department of Treasury - Internal Revenue Service Center in Atlanta, Georgia. See also "W -2 FORMS," "W-4 FORMS,—W-9 FORMS," "1099 FORMS" and /or "1099 REPORTS." RETENTION: a) Record copy. 4 calendar years after due date of tax provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 32 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GSI APPENDIX CROSS REFERENCE ABSTRACTS See " DEEDS: AGENCY PROPERTY" ADMINISTRATIVE LEAVE RECORDS See "APPLICATIONS: LEAVE OF ABSENCE " AMENDMENTS (TO CHARTER See " CHARTERS, AMENDMENTS, BYLAWS AND CONSTITUTIONS" ANNOUNCEMENTS, JOB See "APPLICATIONS: EMPLOYMENT (NOT HIRED) ANNUAL BUDGETS See "BUDGET RECORDS: APPROVED ANNUAL BUDGET" ANNUAL FINANCIAL STATEMENTS See "STATE AUTOMATED MANAGEMENT ACCOUNTING SYSTEM REPORTS ANNUAL LEAVE RECORDS See "LEAVE RECORDS " APPOINTMENT BOOKS See "CALENDARS " APPROVED BUDGETS See "BUDGET RECORDS: APPROVED ANNUAL BUDGET AUDIO RECORDINGS See "MINUTES: OFFICIAL MEETINGS (TRANSCRIPTS) " AUTOMOBILE MAINTENANCE RECORDS See "VEHICLE EXPENSE RECORDS " BUILDING LOG See "VISITOR LOGS C.E.T.A. RECORDS See "COMPREHENSIVE EMPLOYEES TRAINING ACT (CETA) RECORDS" CERTIFIED MAIL RECEIPTS See "RECEIPTS: REGISTERED AND CERTIFIED MAIL" C. 1. P. PLANS See "EXPENDITURE PLANS: CAPITAL DEDUCTION AUTHORIZATIONS CARDS See "PAYROLL RECORDS: DEDUCTION AUTHORIZATIONS " EMPLOYEE LEAVE SLIPS See "APPLICATIONS: LEAVE OF ABSENCE" EMPLOYER'S SUPPLEMENTARY REPORT See "WORKERS' COMPENSATION RECORDS" EXECUTIVE ORDERS See "POLICIES: OFFICIAL " EXPENDITURE RECORDS See "PURCHASING RECORDS FIRST REPORT OF INJURY See "WORKERS' COMPENSATION RECORDS " GAS TICKETS See "VEHICLE EXPENSE RECORDS " HEARINGS, PUBLIC See "ADVERTISEMENTS: LEGAL " INTERNAL AUDIT REPORTS See "AUDITS: AUDITOR GENERAL " INTERNAL MANAGEMENT STUDIES See "MANAGEMENT STUDIES: INTERNAL " INVENTORY RECORDS (SUPPLIES) See "SUPPLY RECORDS " J.T.P.A. RECORDS See "JOB TRAINING PARTNERSHIP ACT (JTPA) RECORDS " LEAVE SLIPS See "APPLICATIONS: LEAVE OF ABSENCE MAIL RECEIPTS See "RECEIPTS: REGISTERED AND CERTIFIED MAIL OFFICE EQUIPMENT FILES 33 10196 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 See "MAINTENANCE RECORDS`: EQUIPMENT " PAID PURCHASE ORDER LOGS See "REQUISITION LOGS " PERSONAL HOLIDAY RECORDS See "APPLICATIONS: LEAVE OF ABSENCE PLANS See "ARCHITECTURAL PLANS /SPECIFICATIONS: PRELIMINARY DRAWINGS" PRESS RELEASES See "NEWS RELEASES " PROGRESS REPORTS See "PERIODIC PROGRESS REPORTS: INTERNAL " PROPERTY ACCOUNTABILITY AND MAINTENANCE See "MAINTENANCE RECORDS: EQUIPMENT PROPERTY LISTS See "INVENTORY RECORDS: PROPERTY" PUBLIC HEARINGSINOTICES See "ADVERTISEMENTS: LEGAL " PUBLIC INQUIRIES See "INFORMATION REQUEST RECORDS " REAL PROPERTY ACQUISITION AND DISPOSITION FILES See "DEEDS; AGENCY PROPERTY" RESUMES See "APPLICATIONS: EMPLOYMENT (NOT HIRED) " S.A.M.A.S. REPORTS See "STATE AUTOMATED MANAGEMENT ACCOUNTING SYSTEM REPORTS SICK LEAVE RECORDS See "LEAVE RECORDS SOCIAL SECURITY WITHHOLDING RECORDS See "PAYROLL RECORDS: DEDUCTION AUTHORIZATIONS " SYSTEM STUDIES See "MANAGEMENT STUDIES: INTERNAL" VACATION LEAVE RECORDS See "LEAVE RECORDS " VOICE RECORDINGS See "TRANSITORY MESSAGES VOUCHERS FOR REIMBURSEMENT OF EXPENSE See "TRAVEL RECORDS " WARRANT REGISTERS See "CHECKS: REGISTERS' WARRANTS See "CHECKS: CANCELED " WORK COUNT STUDIES See "MANAGEMENT STUDIES: INTERNAL " 34 10196 To: Mayor & City Commission From: Charles D. Scurr City Manager foo? REQUEST: Date: March 3, 2000 Agenda Item # Comm. Mtg. _ Re: LDC Amendment: Home Occupation AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HOME OCCUPATIONS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION OF HOME OCCUPATION; BY REVISING SECTION 20- 2.3(D) ENTITLED "PERMITTED USE SCHEDULE" TO ALLOW HOME OCCUPATIONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS; BY REVISING SECTION 20- 3.6(P) ENTITLED "OCCUPATIONAL LICENSES —HOME LOCATION PERMITTED" TO PROVIDE ADDITIONAL REQUIREMENTS AND CONDITIONS FOR HOME OCCUPATIONS; BY REVISING SECTION 20 -5.5, ENTITLED "APPLICATIONS REQUIRING PUBLIC HEARINGS," TO ELIMINATE PUBLIC HEARINGS FOR HOME OCCUPATIONAL LICENSES; BY REVISING SECTION 20- 6.1(13)(3)(e) TO ELIMINATE PLANNING BOARD REVIEW OF HOME OCCUPATIONAL LICENSES, PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The South Miami Land Development Code currently allows occupational licenses to be issued as a permitted use for home locations, subject to certain standards and conditions which are listed in Section 20- 3.6(P). However, the Code also requires a public hearing to be held by the Planning Board and the City Commission on any application for a home occupational license (Section 20 -5.5). This is essentially an inconsistency that needs to be corrected. The requirements of a $1500 public hearing fee and gathering signatures of 20 % of the property owners within 500 feet can be a severe hardship for potential applicants. A separate public hearing before the Planning Board and City Commission, with public notices, etc. on each application, is unnecessary and burdensome. The City has recently received a number of home occupations, which have been placed on hold pending a resolution of this inconsistency. A number of communities in Miami -Dade County, in recognition of changing work patterns and modern technology, are accommodating home occupations by including provisions for home occupations in their Land Development Codes. In order to eliminate any impact on the residential neighborhood, home occupations are being limited to office -type uses only and are subject to very strict criteria. PROPOSED ORDINANCE The attached ordinance, prepared by the Planning and Zoning Department, will limit home occupations to office uses only and will expand the existing standards and conditions on home occupations. The ordinance will remove the requirements for public hearings and reviews by the Planning Board and City Commission. The City will be able to issue home occupation licenses administratively. The expanded limitations, together with strict code enforcement, will allow the City to eliminate any discernible impact on a residential neighborhood. RECOMMENDATION It is recommended that the City Commission adopt the attached ordinance on first reading and refer it to the Planning Board for review and public hearing. Attachment: Proposed Ordinance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HOME OCCUPATIONS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING SECTION 20 -2.3 ENTITLED "DEFINITIONS" TO PROVIDE A DEFINITION OF HOME OCCUPATION; BY REVISING SECTION 20- 2.3(D) ENTITLED "PERMITTED USE SCHEDULE" TO ALLOW HOME OCCUPATIONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS; BY REVISING SECTION 20- 3.6(P) ENTITLED "OCCUPATIONAL LICENSES —HOME LOCATION PERMITTED" TO PROVIDE ADDITIONAL REQUIREMENTS AND CONDITIONS FOR HOME OCCUPATIONS; BY REVISING SECTION 20 -5.5, ENTITLED "APPLICATIONS REQUIRING PUBLIC HEARINGS," TO ELIMINATE PUBLIC HEARINGS FOR HOME OCCUPATIONAL LICENSES; BY REVISING SECTION 20- 6.1(13)(3)(e) TO ELIMINATE PLANNING BOARD REVIEW OF HOME OCCUPATIONAL LICENSES, PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 24 25 26 WHEREAS, the Planning and Zoning Department has initiated a program to update, clarify, and 27 improve the provisions of the City's Land Development Code and to update provisions of the City's Land 28 Development Code; and 29 30 WHEREAS, after review and consideration the Planning and Zoning Department has determined that 31 the current regulations regarding home occupations need to be revised due to inconsistency; and 32 33 WHEREAS, the Planning and Zoning Department has recommended amending certain provisions of 34 the Land Development Code Section 20.2.3 to provide a definition of home occupations, amending 35 Section 20- 3.3(D) to clarify that home occupations are a permitted use, amending Section 20- 3.6(P) to 36 provide additional conditions on home occupations, amending Section 20 -5.5 to eliminate required public 37 hearings for home occupational licenses, and to amend Section 20-6. 1 (B)(3)(e) to eliminate Planning 38 Board review of home occupational licenses; and 39 40 WHEREAS, on , 2000 after public hearing regarding the proposed amendments to 41 Sections 20 -2.3, 20- 3.3(D), 20- 3.6(P), 20 -5.5, and Section 20- 6.1(B)(3)(e) of the Land Development 42 Code, the Planning Board voted to transmit the proposed amendments to the City 43 Commission; and 44 45 WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and 46 enact the aforesaid amendments. 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF 49 THE CITY OF SOUTH MIAMI, FLORIDA: 50 51 52 Page 1 53 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Section 1. That Section 20.2.3, 'Definitions," of the South Miami Development Code is hereby amended to read as follows: Section 20 -2.3 Definitions. Home Occupation: An office designated for and operated as a home occupation located in a dwelling unit and carried on by person residing in the dwelling unit involving only written correspondence telephones computers or other common office equipment, and which is clearly ancillary and secondM to the use of the dwelling for residential purposes. A home office shall preclude any business operation which requires or permits customers or patrons to visit the dwelling. The incidental taking of office work home and completing same by a person having a business address other than the residence shall not constitute the establishment of a home office and shall continue to be permitted in conjunction with a residential use without regard to the provisions of Section 20.3.6 (P) of this Code. Section 2. That Section 20- 3.3(D) entitled, "Permitted Use Schedule" of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -33(D) Permitted Use Schedule Section 3. That Section 20- 3.6(P) entitled "Occupational Licenses — home location permitted" of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.6 Supplemental Regulations (P) "O e cupataenal- licenses home 7ocat;.,r,.U�;�. "Home Occupations.' NOTE: New wording underlined; wording to be removed indicated by strike - through. Page 2 ZONING DISTRICT R R R R R R R R R L M N S G T H P P C P USE TYPE S S S S T T M M 0 0 0 R R R O I R O A 1 2 3 4 6 9 1 2 D N R 8 4 D D K HOME OCCUPATION P P P P P P P P P P P 1 Section 3. That Section 20- 3.6(P) entitled "Occupational Licenses — home location permitted" of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.6 Supplemental Regulations (P) "O e cupataenal- licenses home 7ocat;.,r,.U�;�. "Home Occupations.' NOTE: New wording underlined; wording to be removed indicated by strike - through. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 (1) OeGupatior°'nenses— home location" Home Occupations shall be permitted in an occupied residential unit provided they comply with the following: (a) Occupational activities at the residential unit shall be clearly incidental and subordinate to the residential activities. (b) Employees working at the residential unit shall all reside at the residential unit. (c) No goods or services shall be dispensed directly on the site. (d) No inventory of goods shall be kept on the site. (e) No goods shall be displayed for sale or as samples on the site. (i) No customers shall be serviced in person on the site in any way nor shall the occupation be conducted in any way which would necessitate customers visiting the site. (g) All goods, material and /or equipment, other than motor vehicles, which are used off the site shall not be stored on the site, except indoors and/or in motor vehicles. (h) No signs relating to the home occupation or any business shall be located on the site. There shall be no change in the outside residential character of the building or premises, including swale area, as a result of the conduct of such home occupation. There shall be no separate entry into the home occupation. (k)(i) There shall be no increase in traffic at the site as a result of the occupation. (1) (f) There shall be no increased demand on city services at the site as a result of the occupation. (2) " Ocoupational licenses home location" Home Occupations which do not conform to all of the above standards shall be prohibited. NOTE: New wording underlined; wording to be removed indicated by strike - through. Page 3 1 2 (3) Permission to have a home occupation shall require the submission of a home occupation 3 license application to the Building Department. The application must be accompanied by: 4 5 6 (a) If the applicant for a home occupation does not own the property on which the business 7 will be operated, a notarized statement of authorization to conduct the business on the 8 premises from the property owner must be submitted along with the application form 9 before a license is issued. 10 11 (b) A sworn affidavit on a form prepared by the City, which form confirms that the home 12 occupation will conform to all of the standards contained herein and agreeing that the 13 City, upon probable cause to believe that there is a violation of one or more of the 14 standards so stated, may inspect the property to determine if there is a violation. Failure 15 to allow an inspection will result in the automatic cancellation of the certificate of use 16 and occupational license. Failure to correct code violations, after notice, will also result 17 in the cancellation of the certificate of use and occupational license. 18 19 (44) An occupational license and annual certificate of use shall be obtained for any home 20 occupation. 21 22 23 Section 4. That Section 20 -5.5, entitled "Applications Requiring Public Hearings" of the South 24 Miami Land Development Code is hereby amended to read as follows: 25 26 Section 20 -5.5 Applications requiring public hearings. 27 28 The following procedures shall be followed for all applications requiring a public hearing before the 29 planning board and city commission, including all applications for rezoning, text amendments, special 30 uses, and variances and home occupational lie 31 32 Section 5 That Section 20- 6.1(B)(3) entitled "Planning Board: Powers and Duties" is hereby 33 amended to remove subparagraph (3)(e): Section 20- 6.1(B)(3) Planning Board; Powers and Duties: 34 35 Section 20- 6.1(B)(3) Planning Board; Powers and Duties: 36 37 (e) The Board shall reviexx and make r-ecommendatiens en all initial applications for the, 38 - issuance of home occupational licenses-. 39 40 Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 41 hereby repealed. 42 43 44 NOTE: New wording underlined; wording to be removed indicated by strike - through. 45 46 Page 4 47 48 49 50 Section 7. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid 51 or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 52 remaining portions of this ordinance. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Section 8. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2000 APPROVED: MAYOR Commission Vote: Mayor Robaina : Vice Mayor Feliu: Commissioner Russell Commissioner Bethel: Commissioner Wiscombe: Page 5