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04-11-00
......................... 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: April 11, 2000 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: April 18, 2000 Phone: (305) 663 -6340 Time: 7:30 PM CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE 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: C. Pledge of Allegiance: D. Presentation(s) (Scheduled for 7:00 p.m.) 1. South Florida Water Management District 2. Advocacy Program 3. Certificate of Appreciation a. McDonalds b. Schlotzsky's Deli 4. Police Department ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes March 21, 2000 - Regular City Commission Minutes 2. City Manager's Report 3. City Attorney's Report REGULAR CITY COMMISSION 1 AGENDA - April 11, 2000 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PLANNING BOARD;. RE- APPOINTING THOMAS T. COOPER AND GARY ALEXANDER ILLAS TO SERVE FOR TWO YEAR TERMS ENDING APRIL 11, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; 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 THE CITY OF SOUTH LAND DEVELOPMENT CODE; APPOINTING JERRY PROCTOR TO SERVE ON THE ZONING TASK FORCE; PROVIDING AN EFFECTIVE DATE. (Mayor'Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $8,806.25, CHARGING $684.75 TO ACCOUNT NO. 608 - 1910- 521 = 3100, PROFESSIONAL SERVICES, AND CHARGING THE $8,121.50 TO ACCOUNT- NO.- 1500 -514 -3410, LEGAL SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, AUTHORIZING THE EXECUTION OF CONTRACTS WITH MIAMI DADE COUNTY FOR FISCAL YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR IMPROVEMENTS TO MARSHALL WILLIAMSON PARK, FOR THE MAXIMUM AMOUNT OF $50,000 AND PROVIDING AN EFFECTIVE DATE. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DESIGNATE HARRISON UNIFORM COMPANY AS THE OFFICIAL VENDOR FOR THE SOUTH MIAMI POLICE DEPARTMENT FOR THE PURCHASE OF UNIFORMS AND ACCESSORIES. 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 9. 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 REGULAR CITY COMMISSION 2 AGENDA - April 11, 2000 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. (1'8t Reading - 3/7/00) (Mayor Robaina) 3/5 10. 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. (1st Reading - 3/7/00) (Mayor Robaina) 3/5 11. 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] _ VEH'ICLE 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. (1st Reading 3/7/00) 3/5 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY RECORDS; 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. (1st Reading 3/7/00) (Commissioner Russell) 3/5 REGULAR CITY COMMISSION 3 AGENDA - April 11, 2000 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION OF SECTION 15 -1, AIRCRAFT - MINIMUM ALTITUDE; SECTION 15- 3, SAME-STUNT OR ACROBATIC FLYING, AND SECTION 15 -3, SAME- TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1st Reading - March 21, 2000) 3/5 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO DELETING SECTION 15 -67 TRAINS OBSTRUCTING STREETS; MAXIMUM TIME ALLOWABLE; PENALTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1st Reading - March 21, 2000) 3/5 15. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS; REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY OF SOUTH MIAMI CODE; REQUIRING REGISTRATION AND DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION 8A- 6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1st Reading - March 21, 2000) (Mayor Robaina) 3/5 RESOLUTION (S) PUBLIC HEARING There are none RESOLUTION (S) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RENEW THE MUTUAL AID AGREEMENT, JOINT DECLARATION AND ADDENDUM TO THE JOINT DECLARATION WITH MIAMI DADE POLICE DEPARTMENT. 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT A TAKE HOME/ASSIGNED VEHICLE PROGRAM FOR THE SWORN MEMBERS OF THE POLICE DEPARTMENT AS AGREED TO WITH THE POLICE OFFICERS BARGAINING ORGANIZATION, THE POLICE BENEVOLENT ASSOCIATION. (Mayor Robaina, Vice Mayor Feliu, Comm. Wiscombe) 3/5 REGULAR CITY COMMISSION 4 AGENDA - April 11, 2000 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSTRUCTION COST REPAYMENT, REGARDING THE SUNSET DRIVE IMPROVEMENTS, AUTHORIZING THE CITY MANAGER TO ISSUE PAYMENT TO THE SIMON PROPERTY GROUP FOR CERTAIN COSTS RELATED TO THE SUNSET DRIVE IMPROVEMENTS PROJECT AT A COST NOT TO EXCEED $110,000.00. APPROPRIATING THE FUNDING FROM THE STORMWATER USER FEE TRUST FUND CASH CARRYOVER AND CHARGING THE DISBURSEMENT TO " STORMWATER USER FEE — CONSTRUCTION" ACCOUNT NO. 111 - 1730 -541- 6490. 3/5 ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING 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.ff PUBLIC REMARKS COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 5 AGENDA - April 11, 2000 iwfz's'tr >�a >z >. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 4/7/00 Aj AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 4/11 /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 THE PLANNING BOARD; THOMAS T. COOPER AND GARY ALEXANDER ILLAS TO SERVE FOR TWO YEAR TERMS ENDING APRIL 11, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. PROVIDING AN EFFECTIVE DATE. BACKGROUND The attached resolution sponsored by Mayor Robaina re- appoints Thomas T. Cooper and Gary Alexander Illas to the Planning 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 RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE PLANNING BOARD; RE- APPOINTING THOMAS T. COOPER AND GARY ALEXANDER ILLAS TO SERVE FOR TWO YEAR TERMS ENDING APRIL 11, 2002 OR UNTIL SUCCESSORS ARE 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, the city Commission desires to re- appoint Thomas T. Cooper and Gary Alexander Illas to serve for two year terms ending April 11, 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 Thomas T. Cooper and Gary Alexander Illas to the Planning Board. Section 2. The expiration date of the re- appointments shall expire April 11, 2002 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR , 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: AMM& C1 T Y OF SOUTH jVI,4,,Tll B OA RD/CO.,V1A11 TTEE A PPL ICA TION 6130 Sunset Drive PhoneNo. 305-663-6340 South Miami, FL 33143 Fax A'o. 305-663-6348 I Na-me: (Please print) Z. Home A d d ress: 15,S � 4,7 S 3. Business Address: -G, tj.q e 7, f 4. Home Phone No. 3a5 - c acl Business Phone No. S. Education Background: i:: 4- C 2Zi Z,-,j 6. Community Service: of h. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes Do you have a business in the Cite? Yes do r 11. Ethnic Origin`' Analo AmericanY African American Hispanic American- Other Signature Date THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 1 %2000 MF+R- �2- 2L1C�C� 13 39 C [ ri OF DASTH M I fr1I BZCD CITY OF SOUTH MMMI BOARD/COMMITTEE APPLICATION 6130 Sonsd Drive Phomc Na 305- 663 -6340 S"th Miami, FL 33143 F= So. 305 -M3 -6348 1, Name: GARJ fteeAAN oer, --Wg1 s (Please print) 2. Home Address: rl O a 0 So (OR C O k g r 5r• 3. Business Address: 1,216 6 (I S D ix a 14 w S IA t2 t 4. Home Phone No. 3oS-{06 6 - 4 b I Bminest Phone No. 03 S" -�S•S - •) y L 9 r r (p S. 6. Community Service: % I _ . � 1 i 8. Are you a r4stered voter? Yes do 9. Are you a resident of the City? Yu � NO to. Do you have a business in t!K Ciq? Yes _ V ti o 11. technic Origin? Anglo American V Arrican Arnaiuw Hispanic Americim— Other Signature Date 01;L ,l.6 0 D Re.ved 11-20" TH[S APPLICATION W-U-L REMAIN ON FILE FOR ONE YEAR rnT'y_ p . my CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 4/7 ? /00 AGENDA ITEM # FROM: Charles D. Scurr aoL Comm. Mtg. 4/11 /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 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. Each individual being appointed has demonstrated leadership and professional capabilities and represents various geographic areas of the City. The expiration date of the appointments shall expire at the conclusion of the assigned task. Mayor Robaina sponsored this resolution. 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 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 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 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 12000. 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: FEP -25 -200 ' 11:39 CITY OF SOUTH MIAMI S,.7CU P , 02 _A� CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICA TION 6130 Sunset Drive South Miami, FL 33143 1. Name: 2, Home Address: 3. Business Address: 4. Home Phone No. 51 Education Bac gr 6. P Phone 1V& 303- 663 -6340 Fax No. 305 - 663 -6348 iri !'1l -4441 8. Are you a registered voter? Yes No 9. Are you a resident of the City? yes —Z No 10. Do you have a business in the City? Yes Na 11. Ethnic Origin? Anglo American, African American _ Hispanic American— Qther Signature Date THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Reilred 111000 ,FIJI r0TAL P.22 E00 'd - - )I f IM00 ,Si- 'H33 A:... ........................... .......................... ........................... ........................... CITY OF SOUTH MIAMI To: Mayor and Commission Date: April 7, 2000 From: Earl G. Gallop Agenda Item # City Attorney Commission Meeting April 11, 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 $8,806.25. The accounts are summarized below: Account Available Balance This Invoice Consulting — Real Property/Foreclosure $ 13,184.87 $ Account # 1500 -3435 Professional Services - $ 1,000.00 $ 864.75 Account # 608 - 1910 -521 -3100 CRA Fund — General Legal $ 20,110.00 $ Account #610 - 1120 -554 -3415 Legal Services Non Retainer $ 39,152.85 $ 8,121.50 Account # 1500 -3410 A detailed Billing Statement is attached. e-, 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $8,806.25, CHARGING $684.75 TO ACCOUNT NO. 608 -1910- 8 521 -3100, PROFESSIONAL SERVICES, AND, CHARGING THE 9 $8,121.50 TO ACCOUNT NO. 1500 -514 -3410, LEGAL 10 SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City Commission of the City of South Miami approved 14 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, 15 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, 16 17 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City 18' for legal services rendered, and costs advanced, for the period ending 19 February 29, 2000, in the amount of $8,806.25; and, 20 21 WHEREAS, the City Attorney recommends payment of the attached 22 invoices. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27' Section 1. The invoices for attorneys' fees and costs received from 28 Nagin Gallop Figueredo, P.A., in the total amount of $8,806.25, are approved for 29 payment and charging $684.75 to Account No. 608 - 1910 -521 -3100, Professional 30 Services, and $8,121.50 to Account No. 1500 -514 -3410, Legal Services Non 31 Retainer. 32 33 Section 2. This resolution shall take effect immediately upon approval. A� 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 PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of APPROVED: 2000. COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: \ \Dell_6100 \Documents \City of South Miami \0022 - 001 \2842.doc Page 2 of 2 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Ronetta Taylor Date: March 23, 2000 From: Earl Gallop / 6 Re: Statements for Professional Services 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. NAGINGALLOPFIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 March 24, 2000 Charles D. Scurr, City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Scurf: Enclosed are our statements for professional services rendered and for costs advanced for the period ending February 29, 2000, in the amount of $8,806.25. I tabulated the amounts due on each individual file as follows: 0022 -023 Parking Garage Contract Prof 1 Services $7,687.50 Disbursements 0 Total Due $7,687.50 022 -037 Forfeiture: Prof 1 Services $90.00 1993 Mazda Disbursements 0 Total Due $90.00 0022 -042 Forfeiture: Prof 1 Services $110.00 1981 Oldsmobile Cutlas Disbursements 13.25 Total Due $123.25 0022 -043 Forfeiture: Prof I Services $ 40.00 1993 Ford Escort Disbursements $181.50 Total Due $221.50 0022 -044 Weinstock v. Yvette Prof 1 Services 0 Disbursements $34.00 Total Due $34.00 0022 -046 Merrick v. City of South Prof I Services $400.00 Miami Disbursements 0 Total Due $400.00 0022 -047 Forfeiture: Prof I Services $250.00 1995 Infiniti J30 Disbursements 0 Total Due $250.00 Charles D. Scurf, City Manager March 24, 2000 Page 2 of 2 CURRENT TOTAL DUE Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG: daj Cc: Mayor and City Commission $8,806.25 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2000 Charles D. Scurr Matter ID: 0022 -023 City Manager Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 6237 City of South Miami, FL 33143 02/15/2000 LRF Prepared for City Commission meeting. Telephone conferences 7.80 1,365.00 with Ralph Perez regarding concerns raised by City Commissioners. Telephone conference with Cliff Schulman regarding Dabby Properties and Alleyway issue. Telephone conference with Ralph Perez regarding matters raised by Mr. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 02/01/2000 LRF Reviewed SPG comments to lease. Prepared response to 4.50 787.50 comments. Conference with Mr. Gallop. Telephone conference with Charles Scurr. Provided status report to City Commission at City Commission meeting. 02/02/2000 LRF Telephone conference with Charles Scurr. Telephone conference 0.70 122.50 with Mr. Perez's office. Telephone conference with Dabby properties attorney regarding scheduling of a meeting to discuss alleyway issue. Conference with Mr. Gallop. Reviewed SPG correspondence. 02/07/2000 LRF Drafted lease transfer provision allowing for transfer of leasehold 3.50 612.50 interest in a manner consistent with the City Charter. Participated in meeting with Dabby Properties, Mr Scurr and Mr Gallop. Telephone conference with Stephen James. 02/08/2000 LRF Participated in meeting with SPG, Mr Scurr and Mr. Gallop. 3.80 665.00 Worked on language for lease agreement. Reviewed Mr Scurr's memorandum. Telephone conference with Ralph Perez. 0210912000 LRF Reviewed and revised draft lease agreement. Telephone 4.40 770.00 conferences with Ralph Perez. Conferences with Mr. Gallop. 02/10/2000 LRF Reviewed and revised proposed lease agreement. Telephone 4.30 752.50 conferences with SPG's legal counsel, Mr. Scurr and Mayor Robaina. Prepared memorandum outlining key points in the agreement. 02/11/2000 LRF Finalized lease agreement and memorandum to City Manager 4.30 752.50 outlining provisions in lease. Telephone conferences with SPG's counsel Ralph Perez. Participated in a meeting with Mr. Scurr. 02/14/2000 LRF Telephone conferences with Ralph Perez. Participated in 5.40 945.00 information meetings with Charles Scurr, Commissioners, Russell, Bethel, Wiscomb, Vice Mayor Feliu and Mayor Robaina. 02/15/2000 LRF Prepared for City Commission meeting. Telephone conferences 7.80 1,365.00 with Ralph Perez regarding concerns raised by City Commissioners. Telephone conference with Cliff Schulman regarding Dabby Properties and Alleyway issue. Telephone conference with Ralph Perez regarding matters raised by Mr. 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.: 6237 Page: 2 Schulman. Telephone conferences with Charles Scurr. Attended Rate Summary Eve A. Boutsis 7.80 hours at $150.00 /hr 1,170.00 Luis R. Figueredo 40.10 hours at $175.00/hr 7,017.50 Total hours: 47.90 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 participated in City Commission meeting. 02/23/2000 LRF Telephone conferences with Charles Scurr and Ralph Perez. 0.40 70.00 02/24/2000 EAB Began legal research on issue of standing of adjacent property 2.50 375.00 owner, business owners and merchants association to challenge response to Request for Proposal (RFP) and modifications to proposed development. 02/24/2000 EAB Continued legal research on standing of adjacent property 4.30 645.00 owners /tenants/ and merchant's associations to challenge a project as not responsive to a government RFP and for being a material change from the response to the RFP that was accepted by the City 02/24/2000 LRF Telephone conference with Ralph Perez regarding schedule for 0.50 87.50 applying for special exceptions and resolving Dabby properties issues. 02/25/2000 EAB Continued research and began preparing memorandum on standing 1.00 150.00 issues in contesting city's RFP 02/28/2000 LRF Telephone conference with Ralph Perez regarding special 0.50 87.50 exceptions process and continuing discussions with Dabby Properties. Total Professional Services 8,187.50 Discount: - 500.00 Rate Summary Eve A. Boutsis 7.80 hours at $150.00 /hr 1,170.00 Luis R. Figueredo 40.10 hours at $175.00/hr 7,017.50 Total hours: 47.90 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.: 6237 Page: 3 For Professional Services 7,687.50 For Disbursements Incurred 0.00 Current Balance: 7,687.50 Previous Balance: 6,629.05 Payments - Thank you 0.00 Total Due 14,316.55 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2000 Charles D. Scurr Matter ID: 0022 -037 City Manager Forfeiture in re 1993 Mazda City of South Miami 6130 Sunset Drive Statement No. 6239 City of South Miami, FL 33143 Hours Amount 02/02/2000 EAB Telephone conference with AC Feldman requesting amendment of 0.20 20.00 default final judgment. 02/25/2000 EAB Telephone conference with A.C. Feldman regarding title issues to 0.70 70.00 vehicle, Dept. of Motor Vehicle requirements of proof of default against Gonzalez, as he is last "known" title owner; prepared non - military affidavit and motion for default against Gonzalez. Total Professional Services Rate Summary Eve A. Boutsis 0.90 hours at $100.00 /hr Total hours: 0.90 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due •9M To be properly credited, please indicate Statement Number on your remittance check. i I I I P11, 90.00 0.00 0.00 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. §f CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -.5353 Facsimile: (305) 854 -5351 March 7, 2000 Charles D. Scurr Matter ID: 0022 -042 City Manager In Re: Forfeiture of: One 1981 City of South Miami 6130 Sunset Drive Statement No. 6242 City of South Miami, FL 33143 Hours Amount 02/17/2000 EAB Telephone conference with opposing counsel regarding request for 0.20 20.00 extension of time to respond to discovery and need to file an answer or a default will be files 02/22/2000 EAB Prepared and filed motion for default; received answer to complaint 0.30 30.00 (after filing default motion); granted 10 -day extension of time to Mr. Pizzi in which to file discovery responses. 02125/2000 EAB Prepared motion to compel discovery with accompanying letter and 0.60 60.00 proposed order to Judge Esquiroz requesting atelephonic appearance of claimant at the hearing on the City's motion to compel discovery. Rate Summary Eve A. Boutsis Expenses Courier charge Total Professional Services 110.00 1.10 hours at $100.00 /hr Total hours: 1.10 Sub -total Expenses: 110.00 13.25 13.25 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 -042 Statement No.: 6242 Page: 2 For Professional Services 110.00 For Disbursements Incurred 13.25 Current Balance: 123.25 Previous Balance: 960.70 Payments - Thank you 0.00 Total Due 1,083.95 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 March 7, 2000 Charles D. Scurr Matter ID: 0022 -043 City Manager In Re: Forfeiture of One 1993 City of South Miami 6130 Sunset Drive Statement No. 6243 City of South Miami, FL 33143 02/25/2000 EAB Analyzed production of documents by claimant Rate Summary Eve A. Boutsis Expenses Courier charge 02/22/2000 Court reporter Hours Amount 0.40 40.00 Total Professional Services 40.00 0.40 hours at $100.00 /hr Total hours: 0.40 40.00 71.15 110.35 Sub -total Expenses: 181.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 0 Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -043 Statement No.: 6243 Page: 2 For Professional Services 40.00 For Disbursements Incurred 181.50 Current Balance: 221.50 Previous Balance: 1,967.88 Payments - Thank you 0.00 Total Due 2,189.38 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Expenses Courier charge For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Miami, Florida 33133 Facsimile: (305) 854 -5351 March 7, 2000 Matter ID: 0022 -044 David Weinstock v. Yvette Statement No. 6244 34.00 Sub -total Expenses: 34.00 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 34.00 34.00 498.41 0.00 532.41 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr March 7, 2000 City Manager Matter ID: 0022 -046 City of South Miami Lisea Merrick v. City of South 6130 Sunset Drive Statement No. 6246 City of South Miami, FL 33143 Hours Amount 02/03/2000 EAB Prepared letter to EEOC representative requesting extension of 0.20 25.00 time to file response to agreement 02/16/2000 EAB Telephone conference with Lisbeth Bailey, of EEOC regarding 0.70 87.50 probable cause finding against City's Police Department and requesting extension of time until 2/28 to respond to conciliation proposals; prepared memorandum to file detailing details of conversation with Ms. Bailey; prepared confirming letter to Ms. Bailey regarding extension of time until 2/28/00 02/24/2000 EAB Attending client meeting with Mr. Gallop, Mr. Scurr, Mr. Crosland, 2.30 287.50 Chief Watson and Jeanette Navarro regarding EEOC Conciliation Agreements and merits of Ms. Merrick's claims; telephone conference with Lisbeth Bailey, EEOC Officer, regarding extension of time to respond to agreement Rate Summary Total Professional Services 400.00 Eve A. Boutsis 3.20 hours at $125.00/hr Total hours: 3.20 400.00 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.: 6246 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 400.00 0.00 400.00 27.50 0.00 427.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 0 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr March 7, 2000 City Manager Matter ID: 0022 -047 City of South Miami In Re: Forfeiture of One Black 6130 Sunset Drive Statement No. 6247 City of South Miami, FL 33143 Hours Amount 02/22/2000 EAB Telephone conference with A.C. Feldman regarding new forfeiture; 0.50 50.00 prepared notice of seizure and analyzed documents received from police department. 02/24/2000 EAB Began preparing complaint, motion for preliminary probable cause, 2.00 200.00 police verified affidavit, memorandum of law in support of probable cause; analyzed correspondence from claimant's counsel regarding a lien on the vehicle; telephone conference with A.C. Feldman regarding the lien, title search on the vehicle and issue of claimant switching the tag to the vehicle; prepared letter to counsel for claimant informing him of dismissal of forfeiture action, ability for claimant to pick up vehicle, and that further legal action that will be had against claimant for "tag switching" Total Professional Services 250.00 Rate Summary Eve A. Boutsis 2.50 hours at $100.00 /hr Total hours: 2.50 250.00 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 -047 Statement No.: 6247 Page: 2 For Professional Services 250.00 For Disbursements Incurred 0.00 Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 250.00 0.00 0.00 250.00 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. CITY OF SOUTH MIAMI myINTER- OFFICE MEMORANDUM To: Honorable Mayor Date: April 7, 2000 and City Commission # From: Charles D. Scurr A A, Subject: Agenda Item City Manager ' G Commission Meeting 04/11/00 FY 2000 CDBG for Marshall Williamson Park REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, AUTHORIZING THE EXECUTION OF CONTRACTS WITH MIAMI - DADE COUNTY FOR FISCAL YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR IMPROVEMENTS TO MARSHALL WILLIAMSON PARK, FOR THE MAXIMUM AMOUNT OF $50,000; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The City of South Miami has been awarded $50,000 for improvements to Marshall Williamson Park as part of the Fiscal Year 2000 Community Development Block Grant Funding Cycle. This award, in conjunction with last year's grant of $50,000, will allow the City to greatly enhance and augment the park and its facilities, providing greater safety and accessibility. The Parks and Recreation Department plans to replace the existing tot lot; construct ADA- compliant surfaces and pathways; install new trap sand; repair existing sidewalks; provide new benches, picnic tables, garbage cans and signage; and plant new landscaping. Authorization to execute the grant contract is required to continue. RECOMMENDATION Your approval is recommended. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, AUTHORIZING THE EXECUTION OF CONTRACTS WITH MIAMI -DADE COUNTY FOR FISCAL YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR IMPROVEMENTS TO MARSHALL WILLIAMSON PARK, FOR THE MAXIMUM AMOUNT OF $50,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami was awarded a Community Development Block Grant for the improvement of Marshall Williamson Park; and WHEREAS, the Miami -Dade County Office of Community and Economic Development (OCED) administers the CDBG funds through annual contracts; and WHEREAS, the execution of the contracts will allow the City of South Miami to utilize CDBG funds to improve an important municipal park. NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Manager is hereby authorized to execute the OCED FY 2000 CDBG Contract which provides for the improvement of Marshall Williamson Park. 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: 311wen Commission Vote: Mayor Robaina: Vice Mayor Feliu: Commissioner Bethel: Commissioner Feliu: Commissioner Wiscombe: CDBG FY 2000 Municipality FY 2000 COMMUNITY DEVELOPMENT BLOCK GRANT GOVERNMENTAL CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and City of South Miami, a municipal government organized under the laws of the State of Florida hereinafter referred to as the "Contractor ". The parties agree: I. Definitions OCED Office of Community and Economic Development or its successor Department 24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant Low- and Moderate- Income A member of low and moderate- income family i.e., a Person family whose income is within specified income limits set forth by U.S. HUD. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction the Contractor or any - subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Contractor from any source during the period of time in which the Contractor is performing the obligations set forth in this contract. Subrecipient A public agency, municipality or nonprofit organization selected by the County to administer all or a portion of the County's CDBG program. Contractor Recipient of CDBG funds from Miami -Dade County IL The Contractor Agrees: A. Type of Activity The Contractor shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Miami -Dade. B. Insurance To comply with Miami -Dade County's insurance requirements as well as any relevant state of Florida insurance requirements. C. Indemnification The Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, , partners, principals or subcontractors. The Contractor shall pay all claims and losses in connection therewith 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 Contractor shall not he 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 portions thereof, which, when totaled with all other claims or judgment paid by the Contractor arising out of the same. incident or occurrence, exceed the sum of $200,000 from .any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Contractor. D. Documents The Contractor shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. 1. Progress Reports a. The Contractor shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Contractor in achieving each of the objectives and action steps identified in Attachment A, "Scope of Services." The Contractor shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 10, 2000, July 10, 2000, October 10, 2000 and January 10, 2001. 2 of 25 a The Contractor shall submit to OCED a cumulative account of its activities under ._this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Contractor must report specific information regarding the status of the contracted activities, including accomplishments and /or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. - Contractors engaged in construction and/or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low- moderate and low income - residents. The Contractor shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section 11- Fiscal Information: The Contractor must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Contractor shall report on Program Income Usage for each contracted activity. Section III - Minority Business Enterprise: Minority Business Enterprise Report (First and Third Quarter Progress Report) The Contractor shall ,report to OCED the number of business activities involving minority vendors, including subcontractors performing: under this Agreement. The "Minority Business Enterprise Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Contractor and submitted to OCED no later than April 10, 2000 and October 10, 2000. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Contractor shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Contractor and submitted to OCED no later than April 10, 2000 and October 10, 2000; The Contractor shall submit to the County, in a timely manner, any other information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date 3 of 25 shall render the Contractor in noncompliance with this Article. The County may require the Contractor to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice, of such action to be taken. b. Unspecified Site(s) Objective If the Contractor has not yet identified a location to carry out any of the activities described in Attachment A, the Contractor shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Contractor complies with the provisions contained within Section 11, Paragraph DA. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Contractor during the previous month. This Progress Report shall not be required if the Contractor is submitting the Progress Reports required by Section II, Paragraph D.1.a and Paragraph D.3. 2. Annual Report (Fourth Quarter Progress Report)- The Contractor shall submit a cumulative. status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section 11, Paragraph D.1.a. above, which shall describe the progress made by the Contractor in achieving each of the objectives identified; in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2000 through December 31, 2000 and shall be received by OCED no later than January 10, 2001. 3. Environmental Review - The Contractor immediately upon. locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location . of each site for which a Site Environmental Clearance Statement, will be prepared as described in Section 11, Paragraph E.4. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, 'Information for Environmental Review." The Contractor shall obtain a written Environmental Approval Letter from OCED prior to expending CDBG funds. Failure to comply with this requirement shall result in the revocation of this agreement. 4. Audit Report - The Contractor shall submit to OCED an annual audit report in triplicate as required by Section ll, .Paragraph I of this contract as set forth below. 5. Inventory Report - The Contractor shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section 11, Paragraph Q of this contract. 6. Affirmative Action Plan - The Contractor shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 4 of 25 1. The Contractor shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: a. To benefit low - and moderate- income persons; b. To aid in the prevention or elimination of slums or blight; C. To meet community development needs having a particular urgency. 2. for activities designed to.. meet the national objective of benefit to low- and moderate- income persons, the Contractor shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to no less than 51% of low- and moderate- income persons.. 3. The Contractor shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 4. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Contractor shall obtain, immediately after a site is identified by the Contractor, OCED's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. The Contractor shall make a good -faith effort to address the concerns of the residents of the affected area. The Contractor shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities' of the Contractor in adhering to the provisions of this contract. Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures,' upon the request of the citizen participation officers, OCED, or the County. 7. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Contractor shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and /or industry) is in question, the Contractor shall contact the above mentioned unit prior to making a determination. Contractors receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 8. The Contractor shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Contractor shall annually assess its affirmative marketing program to determine if the 5 of 25 6. Compliance with Miami -Dade County Ordinance 98 -30 County Contractors Employment and Procurement Practices - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population 6 of 25 procedures used to comply with the requirements specified in Public Law. 88 -352 and Public Law 90 -284 successfully meet these requirements. The Contractor shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. F. Federal, State, and County Laws and Regulations - 1. The Contractor shall comply with - applicable provisions of applicable federal, state, and County laws, regulations, and rules including ,24 CFR Part 85,. OMB A -128, OMB A -87, and with the applicable procedures specified in OCED's Contract Compliance Manual, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the. basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vlll of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. 3. If the amount payable to the Contractor pursuant to the terms of this contract is in excess of $100,000, the Contractor shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Contractor shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Contractor shall attest to; and submit the required Disability Non - discrimination Affidavit assuring compliance with all applicable requirements of the -Taws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Compliance with Miami -Dade County Ordinance 98 -30 County Contractors Employment and Procurement Practices - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population 6 of 25 make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women - owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: z a. Miami -Dade Employment Family Leave Plan Affidavit b. Miami -Dade County Cuba Affidavit C. Miami -Dade Employment Drug -Free Workplace Affidavit d. Disability Nondiscrimination Affidavit e. Affirmative Action Plan Exemption Affidavit f. Affirmative Action Plan /Procurement Policy Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336,104 Stat 327, 42 U.S.C. 12101 - 12213 and 47 U.S.C. Sections 225 and 611 including Title: 1, Employment; Title 11, Public . Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 - 3631. G. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be 7 of 25 consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this contract, as modified, shall continue and all other provisions of this contract shall remain in full force and effect. H. Construction If the Contractor engages in, procures, or makes loans for construction work, the Contractor shall: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Contractor's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act; and other related acts, as applicable. 4. Submit to OCED for written prior approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation.._ 6. Contact the OCED representative noted in Section IV, Paragraph K prior to scheduling a pre - construction conference. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the. completion of the construction work is verified by OCED through a Certificate of Occupancy. L Audits and Records 1., The Contractor expending $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. The Contractor expending federal awards of $300,000 or more under only one federal program may elect to have a program - specific audit performed, in accordance with OMB A -133. Contractors who will be receiving, or who have received, federal awards for loans or loan guaranteed programs maybe required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Contractor expending less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These Contractors are required by OCED to submit "reduced scope" audits (e.g., financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records 8 of 25 must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3. When the requirements of OMB A -133 apply, or when the Contractor elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Contractor. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate .. must be received by OCED no later than six (6) months following the end of the Contractor's fiscal year. 4. The Contractor shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 5. The Contractor shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 6. The Contractor shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 7. The Contractor shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by OCED, each of the record - keeping and audit requirements detailed in this contract. OCED shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above. J. Retention of Records 1. The Contractor shall retain all Contract Records for a period of at least three (3) years (hereinafter referred to as "Retention Period") subject to the limitations set forth below: a. For all non -CDBG assisted activities the Retention Period shall begin upon the expiration or termination of this contract. b. For CDBG assisted public service activities the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity is reported as completed. For each public service activity the Contractor must retain all contract records except those relating to real and nonexpendable personal property. C. For all other CDBG assisted activities the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee 9 of 25 2. Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section 11, Paragraph J.1.c., the Contractor must retain all contract records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. If the County or the Contractor have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. The Contractor shall allow the •County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. The Contractor shall notify OCED in writing, both during the pendency of this contract and after its expirations part of the final close -out procedure, of the address where all contract records will be retained. The Contractor shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period. K. Provision of Records 1. The Contractor shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Contractor receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Contractor shall provide a copy of each report and any follow -up communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the regulatory agencies issuing the reports. L. Prior Approval The Contractor shall obtain prior written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontracts or contract assignments, wherein CDBG funds will be used to pay for goods or 10 of 25 services. The contractor must submit all proposed agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable li personal property as defined in Section II, Paragraph Q.1. of this contract. 6. All out -of -town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically listed in the approved program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section 11, Paragraph H of this contract. 9. The disposal of all contract records as provided for in Section II, Paragraph J of this contract. M. Monitoring The Contractor shall permit OCED and other persons duly authorized by OCED to inspect all contract records,- facilities, equipment, materials, and services of the Contractor which are in any way connected to the activities undertaken pursuant to the terms of this contract, and /or to interview any clients employees, subcontractors, or assignees. of the Contractor.. Following such inspection or interviews, OCED will deliver to the Contractor a report of its findings, and the Contractor will rectify all deficiencies cited by OCED within the specified period of time set forth in the report, or provide OCED with a reasonable justification for not correcting the deficiencies. OCED will determine, in its sole and absolute discretion whether or not the Contractor's justification is acceptable or if the Contractor must, despite the justification, rectify the deficiencies cited by OCED in its report. j N. Conflict of Interest 1. Procurement: The Contractor shall comply with the standards contained within 24 CFR Part 85.36. 2. All Other Cases: The Contractor shall comply with the standards contained within 24 CFR Part 570.611(2). 3. The Contractor shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Contractor shall make such disclosure in writing to OCED immediately upon the Contractor's discovery of such possible conflict. OCED will then render an opinion which shall be binding on all parties. 0. Publicity, Advertisements and Signage 11 of 25 1. The Contractor shall ensure that all publicity, public relations and advertisements and signs, recognize the Miami -Dade Office of Community and Economic Development (OCED) and Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami -Dade OCED logo is permissible 2. The Contractor shall furnish, erect and maintain construction signs in accordance with sketch included in these contract documents. The signs shall be made of % inch thick marine plywood,. newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather- resistant colors and materials. The Contractor shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Contractor and the signs shall remain in the property of the - Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. P. Procurement The Contractor must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and .to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract: To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED in the CDBG application approved by the supervising federal agency. The Contractor shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low- income residents from Community Development focus and service areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Contractor must direct federal financial assistance toward Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: 1. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Contractor must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low - income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 12 of 25 N U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor `agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the ,positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135. require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CIFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Q. Property 13 of 25 1. Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights C. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Contractor shall comply with the real property requirements as stated below: b. C. Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives required by and defined in 24 CFR Part 570.208 for five (5) years following the expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this contractor such longer period as determined by OCED -then the. Contract or shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph Q.2.a.1., above. Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds from OCED for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from OCED. All real property purchased in whole or in part with funds from this and previous contracts with OCED, or transferred to the Contractor 14 of 25 T after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Contractor and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Contractor; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All real property shall be inventoried annually by the Contractor and an inventory report shall be submitted to OCED when and as requested by OCED. This report shall include the elements listed in Paragraph Q.2.c., above. 3. The Contractor shall comply with the nonexpendable personal property requirements as stated below. a. All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Contractor and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually.by the Contractor and an inventory report shall be submitted to OCED when and as requested by OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title (ownership) to all nonexpenclable personal property purchased in whole or in part with funds given to the Contractor pursuant to the terms of this contract shall vest in the County.and OCED. 4. The Contractor shall obtain the prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the Contractor or subcontractor pursuant to the terms of this contract. The Contractor shall dispose of all such property in accordance with instructions from OCED. Those instructions may require the return of all such property to OCED. R. Program Income 1. Program income as defined in 24 CFR Part 570-500 means gross income received by the Contractor directly generated from activities supported by CDBG funds. When program income is generated by an activity that is only 15 of 25 partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. If the Contractor generates program income, the Contractor may retain the program and use it for costs that are in addition to the approved costs of this contract, provided that such costs specifically further the objectives of this contract. These additional costs need not be of a kind that would be permissible as charges to this contract. However, the Contractor shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Contractor shall comply with the program income provisions in OCED's Contract Compliance Manual If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. b. The Contractor shall report to OCED all cumulative program income generated from activities financed in whole or in part by funds from this contract. This information must be submitted quarterly as part of the Fiscal Section of the Contractor's Progress Report as outlined in Section II, Paragraph D.1.a. C. The Contractor shall report program income for as long as it receives and /or has control over program income generated from this and any previous contracts with OCED. d. The Contractor shall provide to OCED a written explanation of the activities to be assisted with program income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using program income. e. Subject to the limitations set forth in this paragraph, the Contractor may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan- related programmatic costs, and operational costs for the same revolving loan activity before the Contractor may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. 16 of 25 i. Any proceeds from the sale of property as detailed in Section ll, Paragraph Q.4., above, shall be considered program income. j. The Contractor shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3. Upon expiration or termination of this contract or at the end of any program year, the Contractor shall transfer to the County any program income funds on hand, and any program income accounts receivable attributable to any . CDBG funded activities., `OCED may require remittance of all or part of any program income balances (including investments thereof) held by the Contractor (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for.Section 100 Security needs). 4. OCED, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of program income generated by the Contractor, and such action shall not require an amendment to this contract. S. Travel The Contractor shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance ,Manual. T. Subcontracts and Assignments 1. The Contractor shall ensure that all subcontracts and assignments: a. Comply with all. requirements and regulations specified in OCED's Contract Compliance Manual; b. Identify the full, correct, and legal name of the party; C. - Describe the activities to be performed; d. Present a complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by OCED, set forth in this contract. OCED shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above, and; f. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 17 of 25 2. The Contractor shall incorporate in all consultant subcontracts this additional provision: The Contractor, is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Contractor. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Contractor shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services 4. The Contractor shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's, approval shall be obtained prior to the release of any funds for the subcontractor. 5. The Contractor shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this contract or the right to receive benefits or payments resulting from this contract. 6. Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by OCED in excess of the total dollar amount agreed upon this contract. U. Additional funding The Contractor shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by. OCED within thirty (30) days of the Contractor's notification by the funding source. V. Method of Payment The Contractor shall be paid as described below: 1. The Contractor shall be paid for those expenses allowed pursuant to the provisions provided below only when the Contractor submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Contractor has incurred the expenditures. It shall be presumed that the Contractor has provided adequate proof of having incurred expenses if the Contractor submits to OCED canceled checks or original invoices approved by the Contractor's authorized representative. When original documents cannot be presented, the Contractor must adequately justify their absence in writing and furnish copies of those documents to OCED. The Contractor must adequately justify their absence in writing and furnish copies of those documents to OCED. The Contractor shall be paid only for those expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. IS of 25 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Failure to comply may result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Contractor or to any subcontractor hereunder nor shall the Contractor advance CDBG funds to any party. 4. Any payment due under the terms of this contract maybe withheld pending the receipt and approval by OCED of all reports and documents which the Contractor is required to submit to OCED pursuant to the terms of this contractor any amendments thereto. 5. No payments will be made without evidence of appropriate insurance required by this contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from the Contractor no more than sixty (60) calendar days after the expiration or termination of this contract. If the Contractor fails to comply with this requirement, the Contractor will forfeit all rights to payments if OCED, in its sole discretion, so chooses. 6. Within thirty (30) calendar days after this contract expires or is terminated, the Contractor shall provide to OCED a list of all invoices and costs that relate to this contract's approved Budget and that have not been submitted to OCED. Any invoice received by OCED, subsequent to receipt of this list by OCED which reflects a cost not included on this list will not be paid. OCED must receive the final request for payment from the Contractor no more than sixty (60) calendar days after the expiration or termination of this contract. If the Contractor fails to comply with this requirement, the Contractor will forfeit all rights to payments if OCED in its sole discretion so chooses. 7. All monies paid to the Contractor which have not been used to retire outstanding obligations of this contract must be refunded to OCED in accordance with OCED's Contract Compliance Manual. 8. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract for any reason, shall be recaptured in full by the County. W. Reversion of Assets The Contractor shall return to OCED, upon the expiration or termination of this contract, all assets owned or held as a result of this contract, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral, and any overpayments due to unearned or costs disallowed pursuant to the terms of this contract that were disbursed to the Contractor by the County. The Contractor shall, within thirty days of expiration or termination of this contract, execute any and all documents as required by the County to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A -87, by the Contractor prior to the expiration or termination of this contract shall be retained by OCED. III. The County Agrees: 19 of 25 Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $50,000. IV. The Contractor and OCED Agree: A. Effective Date 1. This contract shall' begin on January 1, 2000. Any costs incurred by the Contractor prior to this date will not be reimbursed by the County. 2. This contract shall expire on December 31, 2000. Any costs incurred by the Contractor beyond this date will not be paid by the County. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Contractor has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph V, or provide any type of assistance or support to the Contractor if this contract has expired or been terminated. NN Suspension I OCED may, for reasonable causes, temporarily suspend the Contractor's operations and authority to obligate funds under this contract or withhold payments to the Contractor pending necessary corrective action by the Contractor or both. Reasonable cause shall be determined by OCED in its a sole and absolute discretion, and may include: a. Ineffective or improper use of these contract funds by the Contractor or any of its subcontractors; b. Failure by the Contractor to comply with any term or provision of this contract; C. Failure by the Contractor to submit any documents required by this contract; or d. The Contractor's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Contractor, OCED may at any time suspend the Contractor's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 3. OCED will notify the Contractor of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof. of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). OCED will give the Contractor reasonable opportunity to rectify any action or inaction referenced above. C. Termination 1. Termination at Will 20 of 25 2. 3. ;4- 6 This contract, in whole or in part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be in the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination for Convenience OCED may terminate this contract, in whole part, when both parties agree that the continuation of,the activities would not produce beneficial results - commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. Termination Because of Lack of Funds In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no less than twenty-four (24) hours written notification to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. OCED shall be the final authority in determining whether or not funds are available. OCED may at its discretion terminate, renegotiate and/or adjust the contract award, whichever is in the best interest of the County. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Contractor through Board of County Commissioners action, the Contractor may, at its discretion, request in writing from the Director of OCED a release from its contractual obligations to the County. The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. Termination for Breach OCED may terminate this contract, in whole or in part, when OCED determines, in its sole and absolute discretion, that the Contractor is not making sufficient progress thereby endangering the ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by OCED in writing, OCED may, by written notice to the Contractor, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit OCED's right to legal or equitable remedies. Penalties for Fraud, Misrepresentation or Material Misstatement In accordance with the Code of Miami-Dade County, Section 2-8.4.1, any individual or corporation or other entity that attempts to meet its 21 of 25 contractual obligations with the County through fraud, misrepresentation or material misstatement, shall be terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts with such individual or subcontracted entity it has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement maybe disbarred from County contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this contract if OCED, in its sole and absolute discretion determines that federal, state, and /or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to Federal, state and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations. E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Contractor shall be in writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as a waiver. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Contractor be rescinded by action from the Board of County Commissioners, written notification via 22 of 25 certified mail to the Contractor advising of the funding reduction shall be sent by OCED no later than 5 working days of the action; written notification will constitute a contract amendment. The Contractor will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Service, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. Disputes In the event an unresolved dispute exists between the Contractor and OCED, OCED shall refer the questions, including the views of all interested parties and the recommendation of OCED, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Contractor or in the event additional time is necessary, OCED will notify the Contractor within the thirty ,(30) day period that additional time is necessary. The Contractor agrees that the County Manager's determination shall be final and binding on all parties. Headings The section and paragraph headings in this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. L Minority Participation In order to gain greater Black business participation, the Contractor may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida. K. Independent Private Sector Inspector General Reviews Pursuant to Miami -Dade County Administrative Order 3 -20, the Contractor is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the Contractor shall make available to the IPSIG retained by the County,' all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Contractor's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms 23 of 25 i of this provision herein, apply to the Contractor, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Contractor in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Contractor or any third party. L. Notice and Contact OCED's representative for this contract is David Sweet. The Contractor's representative for this contract is Charles Scurr. The Contractor's principal office is at 6130 Sunset Drive, South Miami, Florida 33143. In the event that different representatives are designated by either party after this contract is executed, or the Contractor changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. M. Name and Address of Payee When payment is made to the Contractor's assignee, the name and address of the official payee is: N/A N. Waiver of Trial O Neither the Contractor, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Contractor, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Contractor, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No ,..party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A - Scope of Services; Attachment B - Budget; Attachment C - Progress Report; Attachment D - Information for Environmental Review; Attachment E - Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. 24 of 25 IN WITNESS THEREOF, the parties hereto have caused this twenty -five (25) page contract to be executed by their undersigned officials as duly authorized, this day of 2000 . CONTRACTOR: MIAMI -DADE COUNTY CITY OF SOT MIAMI BY: �ricre,BY: NAME: Charles D. Scurr NAME: Merrett R. Stierheim TITLE: City Manager TITLE: County Manager DATE: ATTEST ATTEST BY: BY: TITLE: TITLE: Clerk. Board of County DATE: .� O� Commissioners Witne BY: C Lai (Signature) Type of Print Name _U�o�i&_ Si n -- ( g a ure) g16 L..,''Type of Print Name Federal ID Number:-59-6000394 Contractor's Fiscal Year Ending Date: Resolution #: R- 1331 -99 CORPORATE SEAL: CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 25 of 25 Attachment A CITY OF SOUTH MIAMI FY 2000 SCOPE OF SERVICES JANUARY 1, 2000 DECEMBER 319 2000 Project Title: Park Safety Improvements Project Description: Park safety improvements at Marshall Williamson Park in South Miami HUD Matrix Code /Title (Eligibility): 03F Parks, Recreational Facilities 570.201(c) - Public Facilities Accomplishments: One public facility Funding Source: FY 2000 CDBG National Objective: 570.208(a)(1) - Low/Moderate Area Location: 6125 SW 68th Street, South Miami, Florida Objective: Improve safety and security and reduce crime in the Marshall Williamson Park through landscaping improvements and the installation of security lighting. Action Steps Quarter of Completion 1. Conduct public workshop for community involvement 1 st Quarter 2. Secure environmental clearance for site 1 st Quarter 3. Prepare bid specifications 1 st Quarter 4. Advertise project and select general contractor for landscaping 2nd Quarter 5. Begin landscaping improvements 2nd Quarter 6. Complete landscaping improvements 3rd Quarter 7. Begin lighting improvements 3rd Quarter 8. Complete lighting improvements 4th Quarter Page 1 of 1 Attachment B CITY OF SOUTH MIAMI CDBG 2000 January 1, 2000 - December 31, 2000 DESCRIPTION FY 2000 OCED *OTHER TOTAL PARK SAFETY FUNDS FUNDS 01 Personnel $0 $0 $0 02 Contractual Services $0 $0 $0 03 Operating Expenses $0 $0 $0 04 Commodities $0 $0 $0 90 Capital Outlay $50,000 $50,000 $100,000 TOTAL $50,000 $50,000 $100,000 * Other funds represent FY 1999 CDBG allocation extended to June 30, 2000 Page 1 of 2 Attachment B CITY OF SOUTH MIAMI CDBG 2000 January 1, 1999 - December 31, 2000 PARK SAFETY IMPROVEMENTS PROJECT DESCRIPTION FY 2000 FY 1999 PROJECT OCED FUNDS OCED FUNDS TOTAL 91110 Land Improvements $0 $25,000 $25,000 94113 Const. Cost - Architect $0 $5,000 $5,000 94212 Other Const. Costs - Admin. $2,000 $0 $2,000 95030 Special Equipment - Tot Lot $45,000 $0 $45,000 99130 Lighting - New & Improvements $3,000 $20,000 $23,000 TOTAL $50,000 $50,000 $100,000 Page 2 of 2 NAME AGREEMENT AMOUNT ADDRESS FUNDING SOURCE CONTRACT PERIOD TELEPHONE REPORTING PERIOD NUMBER REPORT NUMBER FAX NUMBER: INSTRUCTIONS: List all the activities (by title and by assigned activity #) mentioned in the agreement I above. Name and Title of Person Authorized to Certify- Accuracy of the Report OFFICE OF CONINTUN. Y AJ`D ECONOMIC DEVELOPMENT Signature Date Rev. 8/97 PROGRESS REPORT G ENERAL INSTR UCTIONS NAME Type or print the name of the organization. ADDRESS Type or print the address of your organization. TELEPHONE NUMBER Print the telephone number of your organization. FAX NUMBER Print the fax number of your organization. AGREEMENT AMOUNT Print the total amount of OCED funds under this contract (only the contract covered by this report). FUNDING SOURCE Indicate the funding source for the contract or the amendment covered by the report (e.g., CDBG, HOME, HATF, SHIP, ESG.) CONTRACT PERIOD Enter the dates when the contract period began and when the contract period ended. REPORTING PERIOD Enter the dates when the report period began and when the report period ended. REPORT NUMBER. There are four reports each year, one each quater. Indicate the numerical sequence of this report. CONTRACT ACTIVITIES List the titles of the activities covered by this report. IDENTIFICATION NUMBER List the identification number for each of the activity listed on this report (contact your OCED Planner for this information). NAME AND TITLE OF Self explanatory. PERSON AUTHORIZED TO CERTIFY ACCURACY OF THE REPORT SIGNATURE The signature of the person who certified the accuracy of the. report. DATE Print the date when your organization submitted the report to OCED. Page 2 of 26 SECTION I.- STATIAS OF CONTRACT ACTI VITI.ES ACTIVITY TITLE: GOAL: INSTRUCTIONS: List the objectives associated with the activity mentioned above and their achievement to date. E INSTRUCTIONS: In brief terms, list the action steps associated with the activity mentioned above, then complete the chart using the categories mentioned in each of the columns below (attach additional pages if necessary): 1 1 1, '�• 11 'i' 11 i Identification of Variables Enhancing or Preventing Achievement of Proeram Obiectives and Action Steps SECTION I: STATUS OF CONTRACT ACTIVITIES GENERAL INSTRUCTION Your organization must complete this section for EACH activity covered in your contract or agreement. ACTIVITY TITLE List the title of the activity being reported on as it appears in the Scope of Services of your organization's agreement. GOAL Describe the goal that the activity will achieve. TABLE I In BRIEF TERMS, describe each objective associated with the activity. For each objective, describe in quantifiable terms- the cumulative achievement. TABLE If In BRIEF TERMS, describe the action steps of the activity mentioned above. On the chart, indicate the projected completion date, projected units of service and actual units of service for each action step. TABLE III: n In BRIEF TERMS, describe those variables that either enhanced or prevented the achievement of the proposed objectives and action steps. Page 4 of 26 a� o xt _ o w •°r z Ep w �' C • • U a «S C U G CO o LL- t= z" z W d _ v 0 0 D m 06- Z Q O FL C4 a F = o a E-y w O Q x d � u o u u �z az a. i xt m z z 0 LL- t= z W D m H U Q .] �. Q F U Z F Z G O � Q � F cn o _ o c Q U u SECTION II: FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract j with OCED. This section of the report covers fiscal acitivities from the beginning of the contract date through i the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted activity. PROJECTED List the the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut -off date of the report. ACTUAL List ALL the contract expenditures, whether or not they have been reimbursed by the County, OCED, that your agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES List all the expenditures that your organization anticipates FOR NEXT REPORTING will be incurred in the implementation of the contracted PERIOD activities through the end of the next reporting period.. PROJECTED CUMULATIVE List all the expenditures that your organization anticipates EXPENDITURES BY will be incurred in the implementation of the contracted THE END OF CONTRACT activities through the end of the contracted period PERIOD PROGRAM INCOME USAGE List the identification numbers for EACH income generating activity in the agreement. Indicate the amounts used under each budget category. a� - �o> Ci C C- O< C - _ C ti C u U O C2 < Z Z `"'COs �� - _J a v? z 8 z z vU c C y V M cr, vl ' C) : L ~ ~ ~ � a -.D � oC z� O a,UUU U �. ❑ �.s c_ •cc cc _ ..y C �,, a D u a a E M C. _ r u 1yy •`—� 'v c c c u U U A ._ u v O t �• L u 3 u, . io •� u CIO co 0 d V ' z z O Z c Oc z V Q a ,� Er Z Z C105 Ac U W Z �<u <�< _ E-• F, v U 2�L, �¢��- Z< a 0 cY. a. Z E- �s'�< a U Z - u3 <z - <o I SECTION III: MINORITY BUSINESS ENTERPRISE DATA GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ Enter this information only once on each report for each SUBCONTRACTOR OR firm. Receiving funds through your organization's vENDoR. ADDRESS AND contract with OCED.. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that I.R.S. has assigned to the Vendor /Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR Enter the Employer Number that I.R.S. has assigned to the ID #: Prime Contractor as a unique identifier. This information must be provided for each vendor listed. RACEIETHNIC GROUP: Enter the numeric code (I through 6) that identifies the racial/ethnic background of the owners and controllers of 51 % of the g O O business. If 51 % of the business is not controlled by any g an single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE: Enter the numeric code that best describes the contractor 's /subconbtractor's/vendor's services. The codes are mentioned in �I the front of this page., AMOUNT OF Enter the total amount expended for goods, services, CONTRACT) supplies,-and/or constriction costs for each vendor, contract SUBCONTRACT and subcontract. In cases where commodities or OR PURCHASE: equipment purchases comprise the majority of the expenditures for the period, then combine all expenses for the reported period. - TOTAL: Enter the total amount of dollars expended on goods ,services, supplies, and/or construction for all contracts, subcontracts, and purchases that occurred during the reporting period. AFRICAN AMERICANS CHART NUMBER OF CONTRACTORS, Enter the number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during the reporting period. VENDORS This information must be reported for organizations with at least 51 %African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentage of total dollars received by African ACTIVITY: American firms from funds expended by your organization during the reporting period. Page 8 of 26 i � J O ¢ O V o¢ J ® O O W \ W W J W Z Q W •J a W _ V W d X W ® O J ¢ O 3 v p ¢ a W O v cn a W v w a W W Z a z 'II �l C G C GCC3 G N N o h U a� z r� V 6J z w� E- E A z Q 4 o a G=7 U O N O Ot u CO t4 N a ra V � W oil "C . '. . to co U u a V c t v s w z p cG cY a Z i � J O ¢ O V o¢ J ® O O W \ W W J W Z Q W •J a W _ V W d X W ® O J ¢ O 3 v p ¢ a W O v cn a W v w a W W Z a z 'II �l C G C GCC3 G N N o h U a� z r� V 6J z w� E- E A z Q 4 o a G=7 U O N O Ot u CO t4 ACTIVITY SUMMARY. • ECONOMIC DEVELOPMENT GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. CDC NAME AND ADDRESS: List the names and addresses of the Community Development Corporations assisted during the reporting period. TYPE OF ASSISTANCE In BRIEF terms, describe the type of assistance provided ;. PROVIDED: PERIOD OF ASSISTANCE: Enter the dates when the assistance began and when the assistance ended. JOB CREATION AND - RETENTION CHART INSTRUCTIONS: 1) Enter the names of the businesses assisted during the reporting period. Enter the expected and actual number of jobs created. Indicate the expected number and actual number of jabs that were created for low or moderate - inccome persons. 2) Enter the expected and actual number of jobs retained. Indicate the expected number and the actual number of jobs that were retained by low /moderate - income persons. Page 10 of 26 a q q v `�1 O c. a3A O o Op � O V C O F -a OD cz OwC D igrn O U U GJ � W n. U W Z Ew U U W Q a c. a3A o Op F -a OwC D Ea-� O � �3c a vim, .a O F F C u` a3� p- a a uw a �J E- ::t W � F Op O" p W _ V _ z FG a 96 W a 0 0 e a z z m it ACTIVITY SUMMARY= COMMERCIAL AAD INDUSTRIAL GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. BUSINESS NAME AND ADDRESS: List the name and address of each business assisted during the reporting $ period. ASSISTANCE PERIOD: Enter the dates when the assistance began and when the assistance ended. SQUARE FOOTAGE: Enter the square footage of the particular development JOB STATUS: 1) For EACH business assisted- during the reporting period, enter the expected and actual number of jobs created for low -and moderate income persons. 2) For EACH business assisted during, the reporting period, enter the expected and actual number of jobs retained for low -and moderate - income persons. Page 12 of 26 ACTTT�ITYSUM�IARY.• T. OMAIMAL ASSISTANCE CMG NON-PROFIT ORGANIZATION CAPACITY BUILDING PROJECT TITLE: GPR ACTIVITY NUMBER: INSTRUCTIONS: Complete the chart using the categories mentioned in the columns below: • o ilk •��� HOUSING DEVELOPMENT AND REHABILITATION INSTRUCTIONS: Complete the chart using the categories mentioned in the columns below:_ NEW ► DEVELOPMENT ► ► TOTAL OD a ► ► ar r INCOME ► ► ► + ► ► I Page 13 of Zt evn Fr-n .Nntit►r nFVFI OP%IENT Rev. $/9 ACTIVITY SUMMARY: TECHNICAL ASSISTANCE GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. CDC NAME AND ADDRESS: List the names and addresses of the Community Development Corporations assisted during the reporting period: TYPE OF ASSISTANCE PROVIDED: In BRIEF terms, describe the type of assistance provided. PERIOD OF ASSISTANCE: Enter the dates when the assistance began and when the assistance ended. HOUSING DEVELOPMENT AND REHABILITATION 1) Enter the names of the Community Development Corporations assisted during the reporting period. Enter the expected and actual number of new housing units developed. Indicate the total number of units that were developed for low'/ moderate income persons. 2) Enter the expected and actual number of housing units rehabilitated. Indicate the total number of units that were rehabilitated for low/ moderate- income persons. Page 14 of 26 A W o a W C O Q ❑ w S •C ..w C M Qrn U "V o "V a �u t c a`_� G Q a W Z E= > z z v v cn J F Z d cn 2 d s z W _V Z ¢ a cn S v w x 3 J J J O C� O o m m f- W � J � W W - J CD _ U Z �o N O Ln 6r cz R SECTIONIV. NEIGHBORHOOD EMPLOYMENT OPPORTUNITIES DATA GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. LOCATION: Enter the specific location where the activity is being performed. NUMBER OF FEMALE Enter the number of female- headed households HEADED HOUSEHOLDS assisted during the reporting period. EMPLOYMENT DEMOGRAPHICS CHART INSTRUCTIONS: Indicate the number of persons employed through the implementation of the contracted activity during the reporting period. This information must be based on the individual's income level, gender, and ethnicity. Page 16 of 26 W r'P4 3 0 c C C C a •L c a a a c c 1 c a .c Q O F E� W OM W C E c W S O Z' d N Q z Q 0 z r v z W V Z Q d N S O x vc d m V uj 0. W r'P4 3 0 c C C C a •L c a a a c c 1 c a .c Q O F E� W OM W C E c i W S O Z' d N Q z Q 0 z r v z W V Z Q d N S x vc d m uj 3 ,:.. cn CIO 0 m z m W N N CD W � W W • U r ? i ACTIVITYSUMMARY.• PUBLICSERVIICES GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. LOCATION:- Enter the specific location where the activity is being performed. NUMBER OF FEMALE Enter: the number of female - headed households assisted during the HEADED HOUSEHOLDS reporting period. PERSONSSERVED INSTRUCTIONS: Indicate the number of persons served during the reporting period according to j their income level, gender, and ethnicity. Page 18 of 2.6 V Z O D Z - c a 0 z O � E Q W U U = a V Z O D Z - c cr _ 0 z O � E Q W U U zac6 o axi - O ^+n — - 0 . � a • cz as w " V s - u s_ CID s G) y G. H t3 E U V v% ku �>1 aG V C zwz�- O c U 0 Z �F a z x x� O Z C7 ACTIVITYSUMMARY: MOUSING GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the your approval Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. LOCATION: Enter the specific location where the activity is being performed. NUMBER OF FEMALE Enter the number of female- headed households assisted during the HEADED HOUSEHOLDS reporting period.. HOUSING DEVELOPMENT CHART INSTRUCTIONS: l) Indicate the number of units and the amount of funds used for rehabilitated or new housing units using the following categories' units financed, unit under construction, units completed, and units sold/occupied during the reporting period. 2) Indicate the number units and the amount of funds used for single and x .. multi- family housing development units using the following categories: units financed, units under construction, units completed, and units sold/ p occupied during the reporting period. OCCUPANCY CHARACTERISTICS CHART INSTRUCTIONS: Indicate the number of persons receiving housing services during the reporting period according to their income level, gender, and ethnicity. Page 20 of 26 i W Q W Z W � _F F E� W > U a� O. O U v� z O E- � U ¢ z N uj Z N C7 N 0 N CD G. Q O F a00 w - z -1 LU C C C � 1- v w XCL. p to W W p F- J r O h h- -� J J O O ado in ° °� W H Q G O O W F F- U W CL W o Q o Q J � ¢ H O F . H H a z LU W U z � O W� LU <a D L LU 0 i N C7 N 0 N CD G. ACTIVITY SUMMARY: BUSINESS FINANCING GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on approved Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. BUSINESS NAME AND ADDRESS: List the name and the address of each business assisted during the reporting period. ASSISTANCE PERIOD: Enter the dates when the assistance began and when the assistance ended. FUNDING: In the appropriate column, indicate for each business the amount of funding received from OCED, from other public funding sources, and from private sources. Indicate the total of these funding sources in the column marked TOTAL.. JOB STATUS: 1) For EACH business assisted during the reporting period, enter the expected and actual number of jobs created for low /moderate- income persons. 2) For EACH business assisted during the reporting period, enter the expected and actual number of jobs retained. for low /moderate - income persons. Page 22 of 26 r�- '` , (/� J � �. r�- '` , (/� J �o N c �.. c O M N CA F G. � O M�1 a w a F .- VQQ _ a .�' y z Q V O Z pp C _ '� C �.r U � 1 V r�* z � �� d w�, A �. w w Q � a v O z w z O m � � � ,,.� � O Z � � o � O E-F � ct � z Ems- °' � F�. ., O F- V V �" � Ca � sx a _ � V a ate. U G¢. �o N c �.. c O M N CA F G. I EARNED INCOME PART C. REVOLVING LOAN PART D.,NON -RLF EARNINGS GENERAL INSTRUCTIONS GENERAL INSTRUCTIONS 1) )Revolving Loan program income must be 1) )Report income received under the current contract reported separate from other types of period. program income, 2) )This.portion of the report should only 2) )For Non -RFL income from prior contracts, contain OCED contracts Revolving Loan Fund your organization must report on the prior income - period the earnings and the balance at the conclusion of the preceding contract; DO NOT include any other Non -RFL amounts from prior contracts anywhere else on this report. 3) )This income °must be reported cumulatively for the 3) )For Non -RLF income from prior contracts, your contract period for as long as the Contractor - organization must report on a separate earned is holding program income, loan. income report any amount that your organization receivables, or both . may be holding or received during the current - period if there has been an interruption in the contractual relationship with OCED 4) )Indicate under PAYMENTS ON LOANS the payments made by borrower or principal and interest and the income from the resale of loans. 5) )Indicate under INVESTMENT INCOME the income earned from the deposits or investment of RLF cash receipts in a bank or other type of financial institution. Page 24 of 26 ACTIVITY,SU1i1MARY..' COMMERCIAL REVITALIZATION PROJECT TITLE: GPR ACTIVITY NUMBER: INSTRUCTIONS: Complete the chart using each of the categories mentioned in the columns below: 4 Page 25 of 2 ACTIVITY SUMMAR Y.- COMMERCIAL REVITALIZATION GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER; Enter the identification number assigned to the activity. Contact your OCED Planner for this number. BUSINESS NAME AND List the name and address of each business assisted during ADDRESS: the reporting period. ASSISTANCE PERIOD: Enter the dates when the assistance began and when the assistance ended. FUNDING: In the appropriate column, indicate for each business the amount of funding received from OCED, from other public funding sources, and from private sources. Indicate the total of these funding sources.in the column marked TOTAL. Page 26 of 26 U.S. HUD SECTION 3 REPORT Economic Opportunities for Low & Very Low - Income Persons in Connection with Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: CONTRACT AMOUNT: S PERIOD REPORTED: QTR 1 2 3 4 (COLCLE ONE) REPORT REVIEWED /APPROVED BY: TELEPHONE #: (SIGNATURE) PART ONE - EMPLOYMENT & TRAIINTNG - To be completed for each project and submitted quarterly to OCED by April 15, July 15, October 15 and January 15. PAR TWO - SUBCONTRACTS AWARDED - for goods and services associated with this project. A B C D TYPE OF CONTRACT Total S G I % B.TO A A B C $ Amount of E F RACIAL/ETHNIC CODES JOB CATEGORY Total New Total New o /0 0 f New Total, Total % of 4 Hispanic American 5 Asian - Pacific American 6 Hasidic Jew Awarded Awarded to Section 3 Businesses Hires Hires Employee Em to Employee D v Employee I 2 3 4 5 ON- CONSTRUCTION (Total of who are Hires that are Section Trainee Trainee Trainee White African Native Hispanic Asian Column G, Sections 3 3 Residents Hours Hours ours Amer. Amer: Amer. Amer. or 1 -5) Residents (B /A) Worked worked Worked by Pacific by Section 3 Section 3 Residents Residents Amer. (EID) PROFESSIONAL ECHNICIAN OFFICE/ CLERICAL CONSTRUCTION - Y TRADE (LIST) BADE: BADE: BADE: TRADE: BADE: OTHER: OTA L: PAR TWO - SUBCONTRACTS AWARDED - for goods and services associated with this project. A B C D TYPE OF CONTRACT Total S Total % B.TO A NUMBER OF SECTION 3 BUSINESSES RECEIVING Amount of $ Amount of CONTRACT'S BY RACIAL/ETHNIC rDENTIFICATION Contracts Contracts 1 White American 2 African American 3 Native American 4 Hispanic American 5 Asian - Pacific American 6 Hasidic Jew Awarded Awarded to Section 3 Businesses CONSTRUCTION - I ON- CONSTRUCTION U.S. HUD SECTION 3 REPORT PART THREE SUMMARY- Indicates the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance,for housing and community development programs, to the greatest extent feasible, toward low and very low- income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) ❑ Attempted to recruit low - income residents through: local advertising media, signs prominently displayed at the project sit, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar ❑ Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents: ❑ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. ❑ Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. ❑ Other, describe below. Page 2 of 2 Office of Community and Economic Development ATTAC MENT D MIAMI -DADE- OFFICE OF COMMUNITY DEVELOPMENT INFORMATION FOR EN rfRONMENTAL REVIEW FORM Funding Source (circle) and Year: CDBG; HOME; HOPE 3; HONfELESS; HOPWA FY 199 Name of Subrecipient/Agency: Name of Proposed Activity: - Location (Folio Number and Address) of Proposed Activity: Name, address, and phone and fax numbers ofloan/grant recipient: Detailed description of project (include work program and /or scope of service and if this is a rehabilitation project, attach itemized budget). Part I. Will the activity result in the following? Yes No Change in use Sub- surface alteration (i.e. excavations) New construction Renovation or demolition Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc.) Displacement of persons, households or business Increase in population working or living on site Land acquisition Activity in 100 -Sear floodplain Page 2 of 5 Yes No A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc.) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of Rater).. 0 Part II. Site Information A. Land use (please describe) • Existing " Proposed B. If activity includes new construction, renovation or rehabilitation, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the abutting lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site, the following information: • Existing structure(s) on site ---Yes no_ • Estimated age of structure(s) Page 3 of S C. Other Site Information Yes No Flood insurance Public Rater Public sewer Children or child under 7 years of age residing on site (including day care facility) or relocating to it Hazardous waste disposal facility Storage of hazardous materials Abandoned structure(s) D. If the proposed activity includes a new structuee(s) or site improvements on a site of one (1) acre or more, a site plan must be provided. Proiect(s) will not be environmentally reviewed without a site plan. E. If the proposed activity includes rehabilitation or renovation of structure(s), indicate the approximate value of the improvement. 0 to 39.9 percent of the market value of the structure(s) 40 to 49.9 percent of the market value of the structure(s) 50 to 74.9 percent of the market value of the structure(s) 75 percent or more of the market value of the structure(s) Page 4 of 5 F. If the `proposed activity involves the transfer of any property, new construction or a securing of a loan for a nonresidential parcel, provide a Phase I Environmental Audit determining the likely presence of either a release or threatened" release of a hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid wastellandfill facilities and underground storage ;tanks (available through the Department of Environmental Regulations and Management (DEW, Florida Department of Enviroomental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and inspecting the site for physical evidence of contamination such as damaged vegetation or stains in the soil. Yes No If yes,: a copy of the Phase I Environmental Audit must be submitted. G. Environmental Health Information • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? Yes No If YES, please submit the results. Has any child under the age of seven at the' site been tested for elevated levels of lead in the body? Page 5 of 5 H. Other Attachments 1. Maps - show location of property in the County and/or City and a street/plat map with the location or lot clearly pointed out: 2. For housing/building rehabilitation projects only, a budget describing the major components of the rehabilitation program planned, and a photograph of the property. 3. For historic proprieties, include: Photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. I certify to the accuracy of the above information. Name Title Date Name of Organization or Corporation If you have any questions or comments in regards to this form, please contact Pat Moore of Miami -Dade Department of Planning, Development and Regulation at 375 -2805, or A.B. Mumford of the Office of Community Development, at 375 -3433. Unless othem -Ise indicated, this completed form and attachments should be forwarded to: Community Development Division Director Office of Community and Economic De-.elopment 140 West Flagler Street, Suite 1000 Miami, Florida 33130 O.S414000'• *rU<CDDVIa■ nsgAa g. ace • T'f assn _ _ 6/1/92 CERTIFICATION REGARDING LOBBYING Certification for Gonfracts Grants. Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and behalf, that: Attachment E 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the malting of any Federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subwards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is aprerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. BY (Signature of Authorized representative) NAME: (Print name of firm and authorized representative) TME: DATE: a 0C. D 0MCI Of C0W4t fM' AND EC WO# IC DEVELO"AZEN7 lUIIAiyG IE7TEA mcamo"OODS PROJECT NA 111E PROJECT NUMBER PROJECT COST CONTRACTOR BOARD OF COUNM COMMISSIO!iERS Neu U orgy , at i i I s, ►Yti it! GREEN c � MIAMI -DADE ON , t )iUAXil -DADE COt'K7l', FLORIDA Trnbe SON VJPPORT 3J4' PLYWOOD OCTAL aaswe to *at* �r sepn • BOARD OF COUNTY COMMISSIONERS' NAMES TO APPEAR IN ALPHABETICAL ORDER AS LISTED ON FIRST SHEET OF CONTRACT DOCUMENTS. LETTERS SHALL BE BLACK ON WHrrE BACKGROUND. • THE NAMES AND NUMBERS OF THE PROJECT AND PROJECT COST SHALL BE PLACED IN THE APPROPRIATE SPACES. • THE NUMBER OF SIGNS REQUIRED FOR THIS PROJECT IS - THE SIGN(S) SHALL BE PLACED AS SHOWN ON THIS TYPICAL PROJECT SIGN PLACEMENT DIAGRAM OR AS DIRECTED BY THE ENGINEER COUNTY COLORS ARE PMS368 AND PROCESS BLUE PLACEMENT IS INDICATED ABOVE Special Provisions SOUTH MIAMI POLICE DEPARTMENT INTER - DEPARTMENT MEMORANDUM TO: Mayor and City Commission DATE: March 28.2000 FROM: Charles Scurr, RE: Agenda Item # 91 City Manager Commission Meeting 4/11/00 Authorization of Harrison Uniform As Vendor for the Police Department QUEST Authorization to designate Harrison Uniform Company as the official vendor for the South Miami Police Department for its uniforms and accessories. BACKGROUND AND ANALYSIS The Police Department provides uniforms and accessories to all its sworn officers. The staff has been meeting with vendors and obtaining price quotes for such uniforms and accessories due to the fact that the current vendor's level of service and location are not acceptable. Additionally, officers have wear - tested uniform garments of various manufacturers and have selected a uniform which is an upgrade and more comfortable and durable than the current garments the officers have been wearing. Harrison Uniform Company is the authorized manufacturer's distributor for the particular brand of uniform which has been selected, and they carry an inventory of all the needed accessories at a convenient, easily accessible location, and they have been awarded a contract pursuant to competitive bidding with the City of Delray Beach, Fla. Funding for such uniforms and accessories will continue to come from account number 1910 -521 -5220, Uniforms. Budgeted Amount: $6000 Balance in Account: $289060 RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 5 OF THE CITY OF SOUTH MIAMI, FL. AUTHORIZING THE b CITY MANAGER TO DESIGNATE HARRISON UNIFORM 7 COMPANY AS THE OFFICIAL VENDOR FOR THE SOUTH 8 MIAMI POLICE DEPARTMENT FOR THE PURCHASE OF 9 UNIFORMS AND ACCESSORIES. 10 11 WHEREAS, the Police Department provides uniforms and accessories to all its sworn 12 officers, and WHEREAS, the current vendor's level of service and location are unacceptable, and WHEREAS, the Police Department has wear - tested uniform garments from various manufacturers and has selected a uniform which is an upgrade and more comfortable and durable than the current garment the officers have been wearing, and WHEREAS, the Harrison Uniform Company is the authorized manufacturer's distributor for the particular brand of uniform which has been selected, and they carry an inventory of all the needed accessories at a convenient, easily accessible location, and they have been awarded a contract pursuant to competitive bidding with the City of Delray Beach, Fl., and WHEREAS, THE South Miami Public Works Department currently utilizes this company as the vendor for their uniforms, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1: The City Manager is authorized to designate Harrison Uniform Company the official vendor for the South Miami Police Department for its uniforms and accessories, such items to be from account # 1910 -521 -5220. Section 2: That this resolution be effective immediately after adoption hereof. PASSED AND ADOPTED this day of April, 2000. ATTEST; CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR SOUTH MIAMI POLICE DEPARTMENT INTER - DEPARTMENT MEMORANDUM TO: Mr. Charles Scurr, City Manager FROM: Cokes WatsoA, Chief of Police DATE: March 20, 2000 SUBJECT: Police Uniform/Accessories Vendor For several months my staff has been meeting with vendors and obtaining price quotes for uniforms and accessories, due to the fact that the current vendor's location and level of service are not acceptable. Additionally, officers have wear - tested uniform garments from various manufacturers and we have selected a uniform which is an upgrade from the polyester garment that SMPD officers have been wearing for several years. We expect the new uniform to be more comfortable and durable while maintaining the professional appearance. Harrison Uniform Company is the factory authorized manufacturer's distributor for the particular brand of uniform which has been selected. They also carry an inventory of all the needed accessories at a convenient, easily accessible location. I am recommending that, pursuant to the attached bid award by the City of Delray Beach, Florida and considering the fact that the South Miami Public Works Department currently utilizes this company as the vendor for their uniforms, that Harrison Uniform Company be the authorized vendor. ;�/�1= ilinnrtyyy 1h ;48 5617368368 QiL�UI' tt<gCH ( 1 O 1993 Jennifer Yager, Manager Harrison Uniform Co, 2023 Corporate Drive Boynton Beach, Florida 33426 HARRISOrt UNIFORMS PAGE 01 MONw 1- oAV1 -MIr , 111. 1 1 MV plAtI1 111*4M'Aa11.14 . Inr►1� I's - M09 January 15, 1999 RE: Hid i199 -63 Purchase of Uniforms for Police Department Dear Ms. Yerger, Enclosed is one original copy of the contract for the above mentioned bid which was awarded by our City Commission an December 08, 1998. . Term of the contract will be from February 01, 1999 to January 31, 2001, withethe option to mew for one consecutive term of two years. Item(s) shall be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the contract tam. We would like to thank you for your bid response, and interest in the City of Delray Beach. If you have any questions, you may contact meat (561) 243.7163. Sincerely, �• r 1aadynf Rooney Purchasing Supervisor EaCloauro cc: Joseph )rlireccor David Juts , Admitnance oistrative Service Director, Police Dept. CITY OF DELRAY BEACH BID FORM SCHEDULE OF PRICING BID #98 -63 PURCHASE OF POLICE DEPARMENT UNIFORMS EST. rmm ANNUAL UNIT EXTENDED ]. LONG SLEEVE SORT 27.73 832.50 LADY - PLAIN, ZIPPER 30 S t - OFFICMISUPERVISORS 4 s 27,75 OVERSIZE — - --_--_ 2. LONG SLEEVE SHIRT 200 S Z4. f o S 5821". o0 MEN PLAIN, ZVPER OFFtCpMUPERVISORS S 29.10 s 2057.00 OVERSIZE 70 3. SHORE SLEEVE SHIRT s 24.65 S 474.00 LADY - OFFICERS 5UPPERVI50'RS 3 197.20 OVERSIZE $ 4, SmORT� SHAT 400 s 2465 S 4860.00 VISORS 6902.00 26.65 S aVasmE 5. OF�FIciSupER�ORS 300 s 28.90 � 867p.00 10© t za.4n t 2aao.ao OVEASLM SVZTZLSSO£ 130 'd 47 Lwg `W sw..Ao3 ut1 uos�..,�aQH tf90 =0t 66- St-noN 11 /tleftl�yy 1b:4y 5617368360 HARRISON UNIFOpMS PAGE 03 6, PANTS - FEMALE OFFICERS / SUPERVISORS S OVERSIZE 7. JACKET MALE / FEMALE 8. JACKET - WINDBREAKER MALE i FEMALE 9. SWEATER MALE / FEMAU It TIE MALE / FEMALE 11. T.E.S. SHIRTS SHORT SLEEVES MALE / FEMALE 12. C.O.P. SHIRTS SHORT SLEEVES MALE 1 FEMALE 4S S 28.90 s 1300.50 6 s 28.90 s 173.40 2i s 93.50• s 2337.50 *See Attachment "7l" 75 s-28.00 s 2100.00 35 S 4.00 ` s 1470,00 40 S-1-00 s120.00 25 518.25 $ 456.25 S00 S 18.25 s 9125.00 GRAND TOTAL BID COST S 55, 881.35 LIST UNIFORM M"JFAC LIRER - CATALOG NUMBER: See Attachment "B" 48 Gold SbZTZLS40E �tuv&w suuoAiun uost.""eH vLO :Ot 66- 8I -AON 3 Llinerty l 16:48 5617368360 HARRISW Ut•170RMS 114W1114ff "lju114, H AR.A.IS0N A 1111bossi joints trtItr ATTACHMENT "WI City of Delray Beach Bid 098 -63 Manufacturer Style Number: Item 1 (NRVY) Flying Cross #126878867 Item 2 (Navy) Flying Cross 034W7226Z item 3 (Navy) Flying Cross 0177R7886Z Item 4 (Navy) Flying Cross NM7886Z Item S FecL'Wmer 434200 Item 6 FecidwAmer #34250 Item 7 Fechheimer 433120 Item 8 Dunbrooke # 1300 Item 9 Fechheimer #801 1teml0 S. Broome4►900i0 Item 11 (Ladies) Southeastern IOL3206 Item 12 (Wits) Harrison by Flying Cross 03202 Item 12 (Meru) Ha rriwo by Flying Cross #4202 PAGE 05 (White) Flying Gross 0 126R7800 (White) Flying Cross 933W7800Z (White) Flying Cross #I 76R780OZ (White) Flying Cross 085R780QZ (Mew) Southeastern #3206 IU3 rnputt thill. town Ind, n 13121 1611p1emt: X11.731 -5111 OT °d SbZTZLSSO£ tute&W suua3�un uasL.."VH VZDZOT 66- eT -AON Li/caiiliyy ib:48 5617368360 HARRISMI UNIFORW PAGE 04 A R R I S 0 N} I11bil4el 84all• Clod ATTACHMENT "A" City of Delray Beach Bid 096 -63 Optional zip out hill sleeve Thirdulate liner is available for purchase with the jacket in Item V. Liner is Fechhaimer Style 032740 Price Each: $31.50 Sample of liner included with sample of jacket 1123 t.en.0 I*L h"! a fan&. it II411 101110006: 411 -730 •ssll 11 •d SbZZZL540£ ! WeLW sw.Ao4�un uosL.A-4VH VLO =01 66- 81 -AON PIPA '10 QUOTATION C rr HARRISON UNIFORM COMPANY l 3850 NORTH 'MIAMI AVENUE MIAMI, Ft- 33127 Ph: (305) 572.12401 Fa -r72 -1245 Ton Free: 1- 800.700.4 -malt; Miami® haimer.com `s6 September 27. 1999 City out of South Miami � ACCOUNT NO.: Police Dept TERms: Net 30 Days, U.A.C. 6130 Sunset Dr F.O.M.- Shipping Point South Miami, Fl 33143 DELIVERY: 7 -30 Days, ARO Attention: Cathy Vazquez SALESPERSON: House Account Phone: (305) 663 -6339 SALESPERSON P: 060 Fax: Uniforms TAXABLE?: No In response to your ingulry, please consider the follcwilig proposgl: I.N STYLE # DESCRIPTION 13 04GIT CONTROL M QTY UNIT PRICE EXTENDED EXPIRES 1 NB -S -1 Namebar silver one line 1 6.00 6.00 4130100 2 NB -G -1 Namebar gold one line 1 6.00 6.00 4130100 3 NB-S -2 Namebar silver two lines 1 7.00 7.00 4130100 4 NB -0-2 Naroebargold two lines 1 7.00 7.00 4/30100 5 NTS Nametape white on blk 1 1.99 1.99 4/30100 B TG ametape gold on blk 1 9.99 1.99 4/30100 87R7886Z Shirt, pOy,SS;M Flying Cross ' 24.65 24.65 4130t00 E(t 177R7886Z Shirt, poly,SS,F Flying Cross 1 4. 24.65 4130100 9 34W78813Z Shirts, poly,! -8,M Flying Cross 1 29.1 C 29.10 4/30100 1 127R7886Z Shirt, p� LS,F Flying Cross 1 29.10 29.10 4/30100 1 - 4203 Shirts,polycotion,SS,M,white Flying Cross 1 18.25 18.25 4/30100 4 12 3203 Shirts, polycotton,SS:F,white Flying Cross 1 18.25 pL 18,25 4130100 �3 -4202 Shirts,polycotton,SS,M,blue Flying Cross 1 18.25 jVA 1825 4/30100 32�Shirls,polycorion,SS,F, blue Flying Cross 1 18:25 4/30100 15 34200 Trousers,M,Poly- Trop,FF Flying Cross 1 C28. 28.90 4/30100 16 i 4_250 Trousers,F,Poly- Trop,FF Flying Cross 1 28.90 4/30100 17 3900M Trouser,Male, Poly Gab, Navy Barrows 1 ` , 21.99 4130100 18 3 F Trouser, Female. Poly,Gab Barrows 1 1.99 11.99 4/30;00 19 3900 Trou5ers,M,Poly- Gab,Snug tex Flying Cross 1 2e4G 29.99 , 4130100 20 39P30 0 Trousers,F,Poly -Gab, snugtax Flying Cross 1 29.99 4/30100 21 Shorts with cargo packets Flying Cross 1 44.00 44,00 4/301o0 22 BTU 65135 Poly Cotton Ripstop Trs Proper Intl 1 25.50 25.50 4130100 23 BdU 53!35 Poly Cotton Ripstop Jkt Proper Intl 1 25.50 25.50 4130100 24 Zero G Level 2 Gold pkg wbdra carrier Safariland 1 473.50 473.50 4130,00 251 Xtre ne Level 2 pkg wlxtra carrier Amer Body Armor 1 479.00 479.00 4/30100 26! TOC Tao Outer Carrier -2 Pol Panels Sat or ABA 1 99.00 99.00 4130100 AnyIndustn ;standard oversize char g", will be gj?j)hed to items on this quatation- k. TOTAL (Excluding applicable sales tax and sh!pping shipping char es): S 1,518,74 Thank .yrou, jor every consideration. Authorized signature: �- �'I�`f ------ Elizabeth Cowen 7-0 -d 9VzTzLGG0£ LweLw stu -o43 un uosl...iAVH VGO :OT 66- 8i -noN QUO'T'ATION HARRISON UNIFORM COMPANY 3850 NORTH MIAMI AVENUE MIAMI, FL 33127 Ph: (305) 572 -1240; Fax: 305 - 572 -1245 Toll Free. 1 -800. 700.4654 / E -mait. miamQfechheimer.com September 27. 1999 City of South Miami ACCOUNT NO.: 6130 Sunset Drive nitMa: Nct 30 Days, U.A.C. South Miami, Fl 3314.3 f.oJL- Shipping Point DEuvERr. 7 -30 Days, ARO Attention: Cathy Vazquez SALESPERSON: Housc Account Phone: 305- 663.6339 SALESPERSON S: 060 Fax: Uniforms Cont. TAXABLE?: No In response fa your inquiry, please consider the following proposal: LN I STYLE M DESCRIPTION 13 DIGIT CONTROL q PTY UNIT PRICE EXTENDED EXPIRES 1 90001 Cllp on tie black 1 3.00 3.00 4130100 2 90072 4 in hand black tie 1 3.49 3.49 4/30100 3 90002 Female bow ties 1 3.00 3.00 4/30100 4 476RC Raincoat yellow wl POLICE Neese 1 34.95 34.95 4130100 5 475HO matching hood Neese 1 3,95 3.95 4/30/00 6 RW 1689 Raincoat 50" yellow Protuff 1 46.99 46.99 4130!00 7 RH Rain hat cover 1 1.00 1.00 4/30100 a 9808 Round uniform hat 1 19.00 19.00 4/30100 9 HS Snake hat strap- silver or gold 1 2.95 2.95 4>30!0o 10 9808E Round uniform hat/eggs visor 1 39.99 39.99 4130!00 11 525 Windbreaker jkt w /lining Liberty 1 59.50 59.50 4130100 12 52150 Windbreaker jkt whining Flying Cross 1 76.50 76.50 4130!00 1s 2714 Winter jkt/lining Elbeco 1 95.00 95.00 4130100 14 58120 Winter jktilining Flying Cross 1 126.50 126.50 00100 15 26950 Motorcycle jkt Blauer 1 95.00 95.00 4/30!00 18 26951 Motorcycle pants Blauer 1 55.00 55.00 4130100 17 18 19 My Imitestrystandard oversize charges will be applied to items on this quotation. TOTAL (Excluding applicable sales tax and shipping cha es): S 685.82 Thank you for every cnrsictcrpllcin. Authorized signature: - Elizabcth Cowen £O °d 9tPZTZL550£ &wgLW sw.Ao4�un uosiA.AVH VS0 :01 66- BT -noN Q U O TAT I O N HARRISON UNIFORM COMPANY 3850 NORTH MIAMI AVENUE MIAMI, FL 33127 Ph: (305) 672-1240; Fax; 305 -572 -1245 Toll Free, 1- 800.700 -4654 iE -mad: miami @fechheimer.com September 27,1999 City of South Miami ACCOUNT NO.: Police Dept TERMS: Net 30 Days, U.A.C. 6130 Sunset Dr F.O.B.: Shipping Point South Miami, Fl 33143 DELIVERY: 7.30 Days, ARO Attention: Cathy Vazquez SALEamsow House Account Phone: (306) 663 -6339 SALESPERSON a' 060 Fax: Shoes TAXAKE4: No In rexponse ro your inquiry, please consider the followring prnlnxnl; LN STYLe M DESCRIPTION 13 DIGIT CONTROL N QTY UNIT PRICE EXTENDED EXPIRES 1 831 -6321 Shoes,HG,Ltwt,dress male Weinbrenner 1 59.00 59.00 4/30 100 2 531 -6103 Shoes,HG,Ltwt,dress female Weinbrenner 1 46.99 46:99 4/30/00 3 942 Shoes,HG,L.twt,dress,rnale Sates 1 58.00 58.00 4130100 4 742 Shoes,HG,Ltwt,dress,female Sates 1 57.00 57.00 4130/00 5 834 -6333 Shoes, sneaker,leather,male Weinbrenner 1 59.00 59.00 4130/00 6 534 -6333 Shoes, sneaker,leather,iemale Weinbrenner 1 59.00 59.00 4/30100 7 3606 True sneaker, bIk,ATR Mid Hi -Tec 1 55.00 55.00 4130100 8 1152 Magnum boot, male Hi -Tec 1 50,00 50.00 4130100 9 1269 Magnum boot, side zip, male Hi -Tec- 1 55,00 55.00 4/30100 10 1142 Magnum boot, Waterproof Hi -Tec 1 68.00 68.00 4130100 11 1200 Midnite boot, Mid cut, male HI -Tec 1 50.00 50.00 4130100 12 1159W Magnum boot, female Hi -Tec 1 50.00 50.00 4130100 13 1143W Magnum boot, Waterproof fern Ili-Tee 1 118.00 613.00 4130100 14 1201W Midnite boot, Mid cut, female Hi -Tec 1 50.00 50,00 4130100 15 89612 Command Steel Toe Boots LaCrosse 1 13.95 13.95 4130100 Any Indust y standard omrsize charge.v W11 be app1jud to items on this notation. TOTALlExcluding applicable sales tax and ship in charges): $ 798.94 ? hank yv)u for every consideration, Authorized signature, �•��-y- �-�,_ Elizabeth Cowen b0 -d 91?ZTZZ990£ LU12LW stu- Ao,3tun uosL..iaV" V90:01 66- 8Z -AoN HARRISON UNIFORM COMPANY 3850 NORTH MIAMI AVENUE MIAMI, FL 33127 Ph, (305) 572 -1240 t Fax: 305 -572 -1245 Toll Frew 1. 800 -700 -4854 / E- mail. miamislechheimer corn September 27, J "9 City Of South Miami ACCOUNT NO.: Potice Dept Tma: Net 30 Days, U.A.C. 6130 Sunset Drive F.O.S.: Shipping Point South Miami, FL 33143 CELivERY: 7 -30 Days, All~O Attention: Cathy Vazquez SALISPeRSON: House Account Phone: (306) 663 -6339 SALESPERSON ee: 060 Fax; Leather TAXABLE ?: No In rc vpanse ro your Inquiry, please consider the following proposal.' LN STYLE N DESCRIPTION 13 DIGIT CONTROL # QTY UNIT PRICE EXTENDED EXPIRES 1 71T Duty belt, 2114 ",HG, male Mixson 1 33.75 33.75 4/30/00 2 72T Duty belt, 2 114 ",HG, female Mixson 1 36.40 36.00 4130/00 3 352V Underbelt, plain, velcro Mixson 1 21.73 21.73 4/30 /00 4 K2T Keepers, HG Mixson 1 2.70 2.70 4130/00 5 K82T Key Keeper. HG Mixson 1 4.90 4,90 030100 6 KS247 PR24 holder HG Mixson 1 6.40 6.40 4130100 7 821T ASP baton holder HO Mixson 1 13.99 13.99 4130100 8 2434 ASP baton hldr, HG,side break ASP 1 19.99 19.99 4130100 9 HC 1 T Handcuff case HG Mixson' 1 16.94 16.94 4130100 10 3402 Mag hldr,dbl,HG,verUhoriz Mixson 1 21.75 21.75 ' 4130/00 11 509 Holster, HG. semi -auto Mixson 1 46.08 46.08 4130100 12 77T Shoulder Cross Strap HG Mixson 1 26.95 26,95 4/30/00 13 DK2T D -ring keepers HG (2 req) Mixson 1 6.00 6.00 4/30100 14 88xx -1 Duty Belt, nylon Uncle Mike's 1 14.50 14.50 4130100 15 8836 -1 Dbl mag holder, nylon Uncle Mike's 1 13.00 13.00 4130100 1B 8865 -1 Keepers, nylon Uncle Mike's 1 5.90 5.90 4/30!00 17 8861 -1 PR24 holder, nylon Uncle Mike's 1 4,70 4.70 4130100 18 8857 -1 Handcuff case, nylon Uncle Mike's 1 12.50 12.50 4130100 19 8882 -1 ASP 21 holder,nylon Uncle Mike's 1 8.95 8.95 4!30100 20 52435 ASP 21 hokier,sidebreak,nyion ASP 1 19.50 19.50 4130100 21 95xx -2 Pro 3 Holster Uncle Mike's 1 47.35 47.35 4131)= 22 87xx -1 Underbelt, nylon Uncle Mike's 1 12.75 12.75 4/30/00 23 8858 -1 Key holder Uncle Mike's 1 7.70 7.70 4130100 24 continued `" FALSE FALSE Orr Indasery standard oversize chaMccs will he qpph ed to items on this iKlt[7tion. TOTAL (Excluding applicable sales tax and shipping cha s): S 404,03 Thank you, for every consideration Authorized signatures: �' �d??�ti Elizabeth Cowen 90'd 9VZtZL990£ [LuseLW sw-Ao4&un uosL_A►Ae" W90 =01 66- ST -AON Q U O T A T I O N HARRISON UNIFORM COMPANY 3850 NORTH MIAMI AVENUE MIAMI, FL 33127 Ph. (305) 572.1240 / Fax: 305 - 572.1245 t Toll Free: 1 -800- 700.4854 / E-mail: mlemiarechheimer. corn Septeml*r 27.1999 City of South Miami ACCOUNT NO.: Police Dept TERMS: Net 30 Days, U.A.0 6130 Sunset Drive Fos.: Shipping Point South Miami, Fl 33143 DEuveRY: 7 -30 Days, AR0 Attention., Cathy Vazquez SALESPERSON: House Account Phone: 303-663-6339 SALESPERSON N: 060 Fax: leather cunt. TAXABLE ?: No In response to ynur inquirv, please consider thv fi)llowing propisal: 3 LNI STYLE N DESCRIPTION 13 OIQIT CONTROLS QTY UNIT PRICE EXTENDED EXPIRES 1 8862.1 Flashlight holder, nylon Uncle Mike's 1 5.50 5.50 4 /30/00 2 8880.4 Radio Holder universal, nylon Uncle Mike's 1 16.00 16.00 4130/00 3 4 5 Any Indus standard ewersizc chat )Zcs,vill he qppfiedto items on this quotation. TOTAL (Excluding applicable sales tax ikad shj2ping char es): S 21.50 Thank you for every consideration. Authorized signature: F • cv-,� Elizabeth Cowen 90 -d GVZTZL950£ &LUVLW sw.+o-4LLun uosL.. ,ARH W90 =0t 66- 9t -noN Q U O T A T I O N -11-1:-_________'____.- I HARRISON UNIFORM COMPANY 3850 NORTH MAMI AVENUE MIAMI, FL 33127 Ph, (305) 572 -12401 Fax, 305- 572.1245 Toll Free: 1- 800 -700 -4654 /E-mad: miaml @fechhelmer.com February 25, 2(ft South Miami Police Dept ACCOUNT NO.: DESCRIPTION 13 DIGIT CONTROL #t TERMS: Net 30 Days, U.A.C. UNIT PRICE F.o.e.; Shipping Point EXPIRES DELIVERY: 7 -30 Days, ARO Attention: Chief Mike Mills SALESPERSON: House Account Phone: 305- 663.6310 SALESPERSON C 060 Fax: TAXABLE ?: No In response to your inquiry, please consider the following proposal LNI STYLE # DESCRIPTION 13 DIGIT CONTROL #t QTY UNIT PRICE EXTENDED EXPIRES 1 34200 Trousers,M,Poly- Trop,FF 1 31.99 31.99 2125/01 2 34250 Trousers,F,Poly- Trop,FF 1 31.99 31.99 2125101 3 3900 Tmusers,M,Poly- Gab,snugtex 1 27.99 27.99 2125101 4 3933 Trousers, F, Poly- Gab,snugtex 1 27.99 27.99 2125141 5 87R7888Z Shirt,M,Poly- Trop-SS 1 28.99 28.99 2125101 8 34W7886Z Shirt,M,Poly- Trop -LS 1 32.99 3299 2/25/o1 7 8 l will honor prices on quote of 9127199 until 4130100 as 10 indicated. New pricing would begin May 1, 2000 and be held for 1 year until new price increases from manuf. Any Industry standard oversize TOTAL (Excluding ap Thank you jar every consideration. will he applied to items on this safes tax and shionine charges) $ 181.94 15-1 C �. Authorized signature: U e Elizabeth Cowc-n IO'd SbZiZLSSOc LLUVLW sw.Ao4!-un uosL..cARH d8b =Z0 00- SZ -qaA 3850 N Maori Ave Miami, FI 33127 305.572 -:240 FAX 305.572 -1245 FaX Tat Cathy Vazquez From Liz Cowen Pant: 306. 667.7808 Pages: 11 Phone 305. 893 -e339 Date: 11118/99 Rae Pricing for Uriitomis & Accessories CC: ❑ Urgent ❑ for Review x Please Comment 0 Plaaee Reply ❑ Platase Recycle Please find a revised quote for pricing of uniforms for South Miami Police Dept. The reduced pricing reflects an award by Delray Beach for Police Uniforms and that award letter is included. Please call with any questions that you may have. Also note that my pricing includes the sewing on of any two patches or emblems, hemming of trousers to proper length and waist alterations of less than 2 inches. Oversize charges apply. Please let me know the status of this contract in the near future. I would like one week to prepare an order form for you and to increase stock on some of my inventory to accommodate your needs. Thank you IO °d 9VZTZzG9OC LWVLW seu.ao3LLun UOSL.AAVH V9G:Oi 66- 8L -^ON CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 4/7/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 4/11/00 City Manager 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 on for second reading and public hearing and sponsored by Mayor Robaina, 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 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO 5 COMMUNITY RELATIONS BOARD; AMENDING SECTION 2 -26.6 6 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES 7 ENTITLED °'COMMUNITY RELATIONS BOARD"; CHANGING THE 8 MEMBERSHIP FROM 15 TO 17 MEMBERS; PROVIDING FOR 9 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 10 `EFFECTIVE DATE. 11 12 WHEREAS, Section 2 -26.6 (a) of the City of South Miami 13 Code of Ordinances currently provides that the composition 14 of the Community Relations Board shall be comprised of 15 fifteen (15) members. The members shall be diverse, 16 religious, and ethnic. 17 18 WHEREAS, the Mayor and City Commission of the City of South 19 Miami desire to increase the membership by two (2) additional 20 members between the ages of (18 -25). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. Section 2 -26.6 (a) of the South Miami Code 26 of Ordinances is hereby amended to read as follows: 27 28 "Seca 2 -26.6 Community Relations Board 29 (a) Created. There is hereby created a community 30 relations board for the City. Said Board shall consist 31 of 3-15 17 members, with two appointees between the ages of 32 18 and 25. The members shall be diverse religious, and 33 ethnic. These individuals shall be selected because of 34 their leadership role in their own groups." 35 36 Section 2. If any section, clause, sentence, or phrase 37 of this ordinance is for any reason held invalid or 38 unconstitutional by a court of competent jurisdiction, the 39 holding shall not affect the validity of the remaining portions 40 of this ordinance. 41 42 Section 3. All ordinances or parts of ordinances in 43 conflict with the provisions of this ordinance are repealed. 44 45 46 1 2 Section 4. This ordinance shall take effect immediately 3 upon approved. 4 5 PASSED AND ADOPTED this day of 2000. 6 7 Approved: 8 ATTEST: 9 10 MAYOR 11 12 COMMISSION VOTE: 13 CITY CLERK Mayor Robaina: 14 Vice Mayor Feliu: 15 1St Reading - Commissioner Bethel: 16 2" Reading - Commissioner Russell 17 Commissioner Russell: 18 READ AND APPROVED AS TO FORM: 19 20 21 CITY ATTORNEY 22 I § 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 gA _ 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) i Seca 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 fora 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 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami; Miami -Dade County; Florida. STATE OF FLORIDA COUNTY OF MIAMf -DADS: 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 flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice In the matter of ITY OF SOUTH MIAMI PUBLIC HEARING 4/12/00 In the ............ `XXX2LX ..... Court, waspu�blished in sa�daw3paper in the issues of Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Miami- Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Miaml -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has either paid nor promised any person, fir r corpo n any Iscount, rebate, com. mission or r nd for rpose of ecuring this advertise- ment for p licati t said new paper. .0pD ... .. .. _re. c. 30 S n GNsubsc 'bed b 1`000 .. . do of .. .D........ (SEAL) Al Y.pf! BFFGAL NONT� hq AL Octelma V. Ferbeyr r31p. ri'own t cR%s tm NwarlA ��Rtl�70N rA)61ai8 ccssao ®e '?_e �`0��� MYJUNM2p® ES CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 4/7/00 AGENDA ITEM #_j(6? FROM: Charles D. Scurr, faw� Comm. Mtg. 4/11/00 City Manager 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 on for second reading and public hearing and sponsored by Mayor Robaina, 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. a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO 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. WHEREAS, Section 16 -20(a) of the City of South Miami Code of Ordinances currently provides that the composition of the Pension Board shall be comprised of five (5) members consisting of the Mayor; one (1) active employee of the City and two (2) citizens electors of the City, all to be appointed by the Commission, and one (1) active employee of the City elected by a majority of the active employees of the City; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to increase the membership by two (2) additional members with financial backgrounds; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 16 -20 (a) of the South Miami Code of Ordinances is hereby amended to read as follows: "Sec. 16 -20. Pension Board (a) The pension board shall be comprised of five - ( seven 7 members consisting of the MayOF, ene 4) two active employees of the City1 and two (2) citizen electors of the City, and two .individuals with .financial backgrounds all to be appointed by the mayor with the advice and consent of the City Commission, and the appointment of one (1) active employee of the City eleeted by a majefity of the active effi—Pleyees of the City as defined ithis - section.desi agn ted by the City Manger. No pension board member shall receive any compensation ` or emolument for services on the pension board. W4th -the exception of the mayefr, Tthe board members shall each serve for a period of two years, or until their successors are appointed, which appointment shall be evidenced by an acceptance in writing or such ..appointment:. The Mayor- and Connnission ,.. .. , date of this section [August ugust 5 1 986]. ' A member of the pension board may resign by delivering his written resignation to the city clerk, and such Additions shown by underlining and deletions shown by ^•�°-o.`� *rig. 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 threes 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 52000. ATTEST: APPROVED: CITY CLERK 1 st 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 eg 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 services4 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 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 4/7/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 4/11 0 City Manager Junked and Abandoned Vehicles THE REQUEST 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. (1st Reading 3/7/00) BACKGROUND The attached ordinance on for second reading and public hearing repeals existing Sections 15 -25.1 - 15 -35.4, and replaces them with Section 15 -35, entitled "Nuisance Declared For Abandoned Vehicles." To: Mayor and City Commission Date: March 1, 2000 Charles Scurr, City Manager From: Earl G. Gallop Re: Proposed Ordinance 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(1) provides for Mayor and City Commission Charles Scurr, 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 parry 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 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 ORDINANCE NO. 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 "JUNKED, 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 STATUTES 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. WHEREAS, the Mayor and City Commission of the City of South Miami recognize that inoperable and abandoned vehicles on private property are a public nuisance which detract from the city's hometown atmosphere and contribute to urban blight and decay; and, WHEREAS, the existing provisions of the City of South Miami Code of Ordinances relating to removing junked, wrecked and abandoned vehicles (collectively referred to as abandoned vehicles) on private property have proved to be cumbersome and ineffective; and, WHEREAS, the Mayor and City Commission desire to enact an ordinance that prohibits parking, storing or leaving any abandoned vehicle on private or public property, and provides for the effective removal and disposal of abandoned vehicles. 1 Additions shown by underlining and deletions shown by ei. 1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 Section 1. Section 15 -35.1, entitled "Junked, wrecked, abandoned vehicles, 5 keeping on private property— Prohibited; section 15 -35.2, entitled "Same — Removal; 6 notice section 15 -35.3, entitled "Adoption of statutes relative to abandoned, wrecked 7 property adopted by reference "; section 15 -35.4, entitled "Same— Enforcement expenses, 8 constitute lien [on] vehicle in violation"; and section 15 -35.5, entitled "City manager 9 responsible for implementation of sections 15 -35.1 through 15 -35.4" of the city code of 10 ordinances are repealed. 11 12 Section 2. Section 15 -35.1 entitled Nuisance declared for abandoned ando ed 13 vehicles" is created to read: i 14 15 16 Sec. 15- 35.1(a). Abandoning vehicles prohibited; abandoned vehicles declared 17 to be a public nuisance. 18 19 No person shall abandon any vehicle, whether attended or not, on any public or 20 private property within the city for a period of time in excess of 72 hours. The 21 presence of abandoned vehicles or parts of abandoned vehicles on property is 22 declared to be a public nuisance which may be abated by the City of South Miami 23 in accordance with the provisions of this section. This section does not apply to 24 vehicles that are: 25 26 (1) parked or stored in a building or a carport; 27 (2) held by a business enterprise lawfully licensed by the city to service and repair 28 vehicles and properly operating in a zoning district that allows such use and 29 the vehicles are screened from view from a public street -level right of way or 30 easement; 31 (3) parked or stored on public property by the city; or, 32 (4) not more than 2 ancient, antique, or collectible vehicles that are kept by the 33 owner for collection purposes and are screened from public view. 34 35 36 Sec. 15-35.1(b). Definitions. 37 38 (1) "Abandoned motor vehicle" means any motor vehicle that is left on public or 39 private property for a period of more than 72 hours, regardless of whether the 40 vehicle is wrecked, damaged or inoperable, and regardless of whether the 41 vehicle bears a current license plate and vehicle registration. 42 2 Additions shown by underlining and deletions shown by 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(a)(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 1 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 esta. 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(8). 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 bye*;- 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 2. The name and address of the last -known registered owner of the vehicle, if available; 3. The vehicle registration number and the title registration number of the vehicle; if available; 4. The date on which the vehicle was removed; 5. The location from which the vehicle was removed; and 6. The location at which the vehicle is being stored. (4) Waiver of interests. The notice shall also advise that a person who is entitled to possession of the vehicle may reclaim it upon payment to the city of all charges incurred by the city in the removal and storage of the motor vehicle, except that if the vehicle is not reclaimed and payment to the city not received within 30 days after date of the notice, the right to reclaim the motor vehicle, as well as all right, title and interest of the person in the vehicle, shall be deemed to be waived and the person shall be deemed to have consented to the disposition of the vehicle by the city. (5) Notice by publication. If the code enforcement officer is unable to identify the last registered owner of a vehicle, or if unable to obtain with reasonable certainty the name and address of the owner or other interested persons, including lienholder, it shall be sufficient notice under this subsection to publish the notice once in a newspaper of general circulation in the city. The notice by publication may contain multiple listings of motor vehicles. (6) Documentation filed with state. _A copy of any notice required in this subsection, as well as a copy of any certificate of sale issued by the city shall be provided to the department. Seca 15- 35.1(h). Disposition of vehicles removed by city. (1) Disposition based on appraised value. The code enforcement officer shall obtain an appraisal of a vehicle within 10 days of its removal. The appraisal may be conducted by the code enforcement officer, provided reliable information, including, but not limited to, the "blue book' value of the vehicle, or a used car dealership valuation for the vehicle, is utilized to determine value. (2) Summary disposition. If the appraised value of the vehicle is less than $1000.00, upon the execution of an affidavit by the code enforcement officer stating that notification has been given to the owner and other interested persons pursuant to Sec. 15- 35.1(8), and describing the vehicle, including . license plate number and name of owner, if known, the location of the vehicle and the appraised value of the vehicle, the city manager may summarily dispose of the vehicle and execute a certificate of sale after the passage of 30 days from the date of the notice required in Sec. 15- 35.1(8)(4). If the notice 6 Additions shown by underlining and deletions shown by a*mtr-ig. 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 Sec. 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 o* @;4 L�. I ownership and payment to the city of all charges incurred regarding towing, 2 storing and expenses of the sale, and a civil infraction fine. The right of 3 redemption shall terminate upon disposition of the vehicle by the city. 4 5 Sec. 15- 35.1(1). Liability of property owner and occupant for towing, storage 6 and other expenses; lien on property. 7 8 Any person from whose private property a vehicle is removed pursuant to 9 this section is liable to the city for any civil infraction imposed, and for the 10 expenses incurred by it relating to towing, storing or disposing of the 11 vehicle. An occupant who owns, has an interest in, or suffers the 12 abandoned vehicle to remain on the private property is jointly and severally 13 liable to the city for its expenses. In the event the owner and, or, the 14 occupant fail to pay expenses to the city if the vehicle is redeemed or if the 15 disposition of the vehicle fails to generate sufficient funds to cover the costs 16 of towing, storage and disposition, the owner and, or, the occupant from 17 whose private property the vehicle was removed shall pay to the city the 18 balance of the costs incurred. If these costs are not paid to the city 19 immediately upon redemption or within 60 days of sale, they shall 20 constitute a lien on the real and personal property of the owner, and on the 21 personal property of the occupant. The lien shall have the same priority 22 and may be foreclosed in the manner as other code enforcement liens are 23 foreclosed. 24 25 26 Sec. 15- 35.10). Grant of immunity from prosecution to enforcement officers. 27 28 Code enforcement officers shall be immune from prosecution for trespass upon 29 real property and other civil actions while in the reasonable, good faith discharge 30 of the duties imposed by this section. Further, it shall be unlawful for any person 31 to interfere with, hinder or refuse to allow the code enforcement officer to enter 32 upon private property for the purpose of inspecting a vehicle when the officer has 33 probable cause to believe that a vehicle is abandoned or to remove an abandoned 34 vehicle under the provisions of this section. 35 36 37 Sec. 15- 35.1(k). Alternative remedies. 38 39 The procedures in this section also apply to abandoned vehicles on public 40 property. As an alternative to these procedures and requirements, § 705.103, Fla. 41 Stat. et seq. is incorporated by reference into this section and may be applied by 42 the code enforcement officer for the removal and disposal of abandoned vehicles. 43 8 Additions shown by underlining and deletions shown by 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 2000. 14 15 ATTEST: APPROVED: 16 17 18 CITY CLERK MAYOR 19 20 21 1" Reading — 22 23 2nd Reading — 24 25 COMMISSION VOTE: 26 27 READ AND APPROVED AS TO FORM Mayor Robaina: 28 Vice Mayor Feliu:' 29 Commissioner Wiscomb: 30 CITY ATTORNEY Commissioner Bethel: 31 Commissioner Russell: 32 33 \\Dell 6100\DocumentsTity of South Miami \0022- 00 1\2424.doc § 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 dismantled, 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 1 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. See. 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, § 11 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 -See editor's note following § 15 -35.1. Sapp. No. 35 216 1&35.5 OFFENSES AND MISCELLANEOUS PROVISIONS J 15=38 Seca 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. Seca 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 -054) 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) Stipp. No. 35 216.1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelma Y. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily .Business Review f /k1a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dade County,. Florida; that the attached copy of advertise - ment, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 4 /11/00 ?P X A } Court, in the .......... ....................... w7qpub, lls a LU� in sa g,W paper in the Issues. of ASdr. Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and of flan further says that she has either paid nor promised any person, fir r corpo n an Iscount, rebate, com- mission or r nd for rpose of A ecuring this advertise - ment for p Iicati t said new paper. p® ...... ... ..... .. 30 S Eq subsc bed b 10 0 0 .. . do of ... . ..........17... .D ... ...... (SEAL) Y A� �FFIGAL NOTARY AL 0, ! JANETT LLEfXNA Octelma V. Ferbeyri Apr ngwn'tA %ft0N MWER CC566004 MY EOMMIC,II NR AIRES FO.F FtO� JUNE 23,2000 ne rot- "COMMUNITI`.RELATIONS BOAF6' CHANGING 7WE MEMBER SHIP-FROM 15TO 17 MEMBERS; PROVIDING FOR SEVERABILi TY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DALE. (1`st Reading - 317100) CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 4/7/00 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 4/11/00 City Manager faw-7 Public Records Retention Schedule THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY RECORDS; 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 The attached ordinance on for second reading and public hearing and sponsored by Commissioner Russell 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). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO CITY RECORDS; 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 GS 1); PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Chapter 119, Florida Statutes, requires governments to retain public records and to dispose of public records as provided by law; and WHEREAS, Chapter 257, Florida Statutes, 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; and WHEREAS, the Mayor and City Commission desire to amend Section 2 -18 (f) of the City of South Miami Code of Ordinances by adopting the State of Florida General Records Schedule for State and Local Government Agencies (Schedule GS 1). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 2 -18(f) of the South Miami Code of Ordinances is hereby amended to read as follows: (f) Records retention schedule. The State of Florida General Records Schedule for State and Local Government Agencies (Schedule GS 1) is hereby adopted. The retention and destruction of public records as provided in subsection (a) through (e) of this section 2 -18 are to be controlled and governed by the that "Record Retention Schedule= =' datedSeptemhef, 1977, which "Reeor -ds RetepAie cehaea d' Wdee " i s her,eb approved a copy of which is i-s on file with in the city clerk's office. 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. Additions shown by underlining and deletions shown by ever g. 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 day of , 2000. ATTEST: CITY CLERK 1 st Reading — March 7, 2000 2nd Reading — 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 OVeFstriking. § 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) Sees. 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 General Infonnation 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 #aracteristics; 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. 11. 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 GSI 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 GS 1 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 1B- 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 10196 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]. NUMERIC SEQUENCE OF THE DISPOSITION REQUEST Indicate the schedule or request number in the box in the upper right corner. 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 1. 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 (GS1, 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 /9I - 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. 3ELPFUL HINT 1: A disposition request need not be submitted to the Bureau of Archives and Records Management if the records bein€ lestroyed have a retention value that requires them to be retained only until they are obsolete, superseded, or administratively useless. Sucl 'OSA" records can be destroyed by agencies as soon as the records have served their purpose. Please refer to Rule 113-24, Florid, 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! eries together in chronological order. In other words, place all the Routine Correspondence you have together, identifying relevant date: rom earliest to latest. You can them proceed to identify the next record series and the relevant date range for the records in that series. Thi: vill 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 yourofficial 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. 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 anon- 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 PAYABLEIRECEIVABLE 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' PAYABLE /RECEIVABLE 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 fora 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. 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 lost. 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 lost. 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: Item# 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: a) Record copy. 2 years provided posted to 'Employee Leave Index Records' provided applicable audits have been released. 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." - RETENTION: a) Record copy. 3 fiscal years provided applicable audits have been released. b) Duplicates. Retain until obsolete, superseded or administrative value is lost. ATTENDANCE RECORDS: OPS/TEMPORARY EMPLOYMENT 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: 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. 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 against its standard of performance. These records are created pursuant to Florida Statutes Section 11.45. See also "AUDITS: INDEPENDENT," "AUDITS: INTERNAL," "AUDITS: STATE /FEDERAL" and /or "AUDITS: SUPPORTING DOCUMENTS." "These records may have archival value." RETENTION: a) Record copy. 10 years: b) Duplicates. Retain until obsolete, superseded or administrative value is lost. AUDITS: INDEPENDENT Item# 56 This record series consists of a report issued by an independent 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: INTERNAL," "AUDITS: STATE /FEDERAL" and /or "AUDITS: SUPPORTING DOCUMENTS." 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. RETENTION: 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 /FEDERAL Item# 83 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: "AUDITS: INTERNAL" and /or "AUDITS: SUPPORTING DOCUMENTS." "These records may have archival ;value." RETENTION: a) Record copy. 10 fiscal years. b) Duplicates. Retain until obsolete,.superseded or administrative value is lost. 4 10/96 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. 5 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. 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 valve." 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 registeror 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. 7 10/96 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." RETENTION: 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 11, 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 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: 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. 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 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 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 format 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 a9ency'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. 11 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS9 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. 12 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 TAX/SPECIAL 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. 13 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 ORDERS: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: i 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 be 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 GS9 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 off 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 /SECURITY /SAFETY 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. 5 fiscal 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. 15 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." RETENTIONS 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. 16 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 summar; 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 co Retain until obsolete, superseded or administrative value is lost. PY P 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. g m 1 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 10146 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 (AUDIO/VISUAL 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. 19 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 (AUDIONISUAL 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 (AUDIONISUAL 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 (AUDIONISUAL 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. 21 10/45 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GSi 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. 22 10/96 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: OPS/TEMPORARY 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. 1 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 is lost. 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. PROCLAMATIONS /RESOLUTIONS 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. 23 10/96 FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 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 "DI RECTIVES/POLICI ES/PROC EDU RES." 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. 24 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 274.02. The record contains the class and type, number of units, make and manufacturer, year and model, manufacturer's 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 may be 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 PROGRAM /EVENT 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: NON 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 log 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 consistsof 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. 27 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 RECORD&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 10/96 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. 29 10/96 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# 243 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 enrollment/attendance 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. b 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 1804.2, 1904.4, and 1904.5.. RETENTION: a) Record copy. 5 calendar years b) Duplicates. Retain until obsolete, superseded or administrative value is lost. 31 10/96 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 collection . 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 /9b FLORIDA DEPARTMENT OF STATE GENERAL SCHEDULE FOR STATE AND LOCAL GOVERNMENT AGENCIES GS1 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 10/96 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 HEARINGS /NOTICES 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.MA.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 10/96 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Dateline V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 4/11/00 In the XXXXXXX ................. Court, wasrPlisYd in seld.ngw6paper In the issues of Afflant further . says that the said Miami Daily Business Review is a newspaper published at Miami in sold Miami- . Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afftant further says that she has ither paid nor promised any person, fir r corp o n any iscount, rebate, com- mission or r nd for rpose of souring this advertise- ment for p Iicati t said now paper. ®®®® ... ....S. ... 0 8 n . subsc bad 10 0 0 .. . do f ............. . .. D........ (SEAL) Y Pt& WJ0IAl 7AL` Octelma V. Ferbeyr, r" i'r tANETT LLEAENA Q`#I.%Aa,d, MMSER CC564004 7r F 0((S MYMAON Es JUNE CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Mayor and City Commission Date: March 2, 2000 FROM: Charles Scurr Re: Agenda Item # City Manager Comm. Mtg. April 11, 2000 Ordinance deleting obsolete codes. REQUEST Deletion of Sections 15 -1 through 15 -3 of the Code of Ordinances of the City of South Miami. BACKGROUND AND ANALYSIS The three cited sections deal with regulations for aircraft flying and landing in the City. Enacted almost 50 years ago, these ordinances are obsolete and the activities prohibited are more strictly regulated by Federal Statutes. RECOMMENDATION Your approval is recommended. CS/FG /sh I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION 5 OF SECTION 15 -1, AIRCRAFT— MINIMUM ALTITUDE; SECTION 15- 6 2, SAME —STUNT OR ACROBATIC FLYING, AND SECTION 15 -3, 7 SAME- TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF 8 THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, 9 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 10 11 WHEREAS, Sections 15 -1 through 15 -3 of the City Code of Ordinances regulates 12 aircraft flying over and taking off or landing within the City; and, 13 14 WHEREAS, all of these actions are governed as strictly or more strictly under the 15 Federal Aviation Administration's Federal Air Regulations part 91; and 16 17 WHEREAS, the City Commission has expressed their desire to have the City's 18 Code of Ordinances brought up to date by deleting obsolete material; 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 15 -1 through 15 -3 of the Code of Ordinances of the City of 24 South Miami currently reads as follows: 25 26 Section 15 -1 Aircraft- Minimum altitude. 27 28 It shall be unlawful for any person to fly or cause to be flown any airplane or 29 other heavier - than -air aircraft or lighter- than -air aircraft at an altitude of less than one 30 thousand (1,000) feet over the city or within the jurisdictional boundaries of the city 31 except when in the process of taking off or when in the process of landing at airports 32 which are entirely within or partially within the jurisdictional boundaries of the City. 33 (Ord. 297, 4- 20 -54) 34 35 Section 15 -2 Same -Stunt or acrobatic flying. 36 37 It shall be unlawful for any person engaged in flying an airplane or other 38 heavier- than -air aircraft or lighter- than -air aircraft over the city within its jurisdictional 39 boundaries to engage in any "stunt" or aerial acrobatics of any kind. (Ord. 297, 4- 20 -54) 40 41 42 Atlrlitinns chnwn by nncierlinino and deletion-, shnwn by avew4rikino- 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Section 15 -3 Same - Training flights. It shall be unlawful for any person to fly any airplane or other heavier -than- air aircraft or lighter- than -air aircraft over the city or within its jurisdictional boundaries, except when in the process of taking off or when in the process of landing at airports which are partially or wholly situated within the city limits of the city, when such airplane or aircraft are being used for the purpose of training or giving and receiving lessons in the use and the flying of such aircraft. (Ord. 297, 4- 20 -54) Section 2. The City Commission hereby amends Section 15 to delete Sections 15 -1 through 15 -3. 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 repealed. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK 1St Reading — 2na Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Addition-, shnwn by nnrlerlininu and deletinns chnwn by a�1„ ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE DELETION OF SECTION 15 -1, AIRCRAFT— MINIMUM ALTITUDE; SECTION 15- 2, SAME —STUNT OR ACROBATIC FLYING, AND SECTION 15 -3, SAME- TRAINING FLIGHTS; OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Sections 15 -1 through 15 -3 of the City Code of Ordinances regulates aircraft flying over and taking off or landing within the City; and, WHEREAS, all of these actions are governed as strictly or more strictly under the Federal Aviation Administration's Federal Air Regulations part 91; and WHEREAS, the City Commission has expressed their desire to have the City's Code of Ordinances brought up to date by deleting obsolete material; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 15 -1 through 15 -3 of the Code of Ordinances of the City of South Miami currently reads as follows: Section 15 -1 Aircraft - Minimum altitude. It shall be unlawful for any person to fly or cause to be flown any airplane or other heavier- than -air aircraft or lighter- than -air aircraft at an altitude of less than one thousand (1,000) feet over the city or within the jurisdictional boundaries of the city except when in the process of taking off or when in the process of landing at airports which are entirely within or partially within the jurisdictional boundaries of the City. (Ord. 297, 4- 20 -54) Section 15 -2 Same -Stunt or acrobatic flying. It shall be unlawful for any person engaged in flying an airplane or other heavier -than -air aircraft or lighter- than -air aircraft over the city within its jurisdictional boundaries to engage in any "stunt" or aerial acrobatics of any kind. (Ord. 297, 4- 20 -54) Addition-, shown by nnderlinino and deletinnc chnwn by Section 15 -3 Same - Training flights. It shall be unlawful for any person to fly any airplane or other heavier -than- air aircraft or lighter- than -air aircraft over the city or within its jurisdictional boundaries, except when in the process of taking off or when in the process of landing at airports which are partially or wholly situated within the city limits of the city, when such airplane or aircraft are being used for the purpose of training or giving and receiving lessons in the use and the flying of such aircraft. (Ord. 297, 4- 20 -54) Section 2. The City Commission hereby amends Section 15 to delete Sections 15 -1 through 15 -3. 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 repealed. Section 5. This ordinance shall be effective immediately after the adoption hereof PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK 1 st Reading — ,) nd Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Adclitinm ,hnwn by nnlerlinino and rleletinm chnwn by was_ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally. appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review like Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 4 /11/00 XXXXXXX In the ............ Court, wag published in satd�swMpaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for period of one year next preceding the first publication of the attached copy of advertisement; and effiant further says that she has either paid nor promised any person, fir r corp o n any iscount, rebate, com- mission or r nd for rpose of ecuring this advertise- ment for p licat t said new paper. ®®®® ....... ... . K!Sr... 30 S and subsc 'bed b t"'00 0 0 C. do of ..., (SEAL) Y A OFFICIAL M_OTARY AL O, t� dANM LLM-NA Ocfeima V. Ferbeyr I& nQwn qgk%,,oa NllgatiH CC566004 'Ie i sP My COMMA siom p,XPIRES CIF FAO JUNE 23,2000 SOUTH MIAMI POLICE DEPARTMENT INTER- DEPARTMENT MEMORANDUM TO: Mayor and City Commission DATE: March 13, 2000 COW FROM: Charles Scurr, ' RE: Agenda Item # City Manager Commission Meeting April 11, 2000 Section 15 -67, Code of Ordinances Request Deletion of Section 15-67 of the Code of Ordinances of the City of South Miami. Background and Analysis The cited section deals with railroad trains obstructing roadways for extended periods of time. There are no crossings within South Miami's jurisdiction. The section is obsolete. Recommendation Your approval is recommended. CS /esw 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO DELETING SECTION 15 -67 TRAINS OBSTRUCTING STREETS; MAXIMUM TIME ALLOWABLE; PENALTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Section 15 -67 of the City Code of Ordinances establishes maximum times for a train to obstruct traffic at the intersection of a street and a railroad track; and WHEREAS, no such crossings exist within the corporate limits of the City of the South Miami; and WHEREAS, the Mayor and City Commission has expressed their desire to have the City's Code of Ordinances brought up to date by deleting obsolete material; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 15 -67 of the Code of Ordinances of the City of South Miami currently reads as follows: Section 15 -67 Trains obstructing streets; maximum time allowable; penalty. No locomotive or train of cars shall be allowed to obstruct any street or crossing in the city for a longer time than five (5) minutes, and any person having charge of such locomotive or train permitting the same to remain for a greater length of time than the above, shall be punished as provided in section 1 -8 of this Code. (Code 1926, 102) Section 2. The City Commission hereby amends Section 15 to delete Section 15 -67. 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 repealed. Addition-, shnwn by nnrderlinin¢ and rleletinnc chnwn by AvA;:g Pik _ 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Section 5. This ordinance shall take effect immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2000. ATTEST: CITY CLERK I" Reading — 2"d Reading — APPROVED: MAYOR READ AND APPROVED AS TO FORM CITY ATTORNEY COMMISSION VOTE: Mayor Robama: Vice Mayor Feliu: Commissioner Russell: Commissioner Bethel: Commissioner Wiscombe: Additinnc chnwn by iinderlininu and r1Ple inns shown by a*Pr § 15 -67 OFFENSES AND MISCELLANEOUS PROVISIONS § 15.6 Sec. 15-67. Trains obstructing streets; maximum time allow able; penalty. No locomotive or train of cars shall be allowed to obstruct any street or crossing in the city for a longer time than five (5; minutes, and any person having charge of such locomotive or train permitting the same to remain for a greater length of time than the above, shall be punished as provided in section 1 -8 of this Code. (Code 1926, § 102) Sec. 15-68. Unnatural and lascivious act. It shall be unlawful in the city for any person to commit any unnatural or lascivious act with another. (Ord. 297, 4- 20 -54) State law reference — Unnatural and lascivious acts pr- '.-ibited, § 800.02, Florida Statutes. Sec. 15 -69. Vagrancy. It shall be unlawful for any person to be found within the city who has no visible means of support; or who lives idly without lawful employment; or who wanders about the streets or other public places, either by day or night; or who does not have a known place of residence or abode; or who is found begging or who for the purpose of gain travels over the city begging; or who loiters about alcoholic beverage establish- Supp. No. 47 224.1 NOT /GE VPUBLIG HEARING NOTjGE, fS H£RfiBY gweFl thai the:City Cbmmission.of the City of South :Miami, Flon,da will ccnducl Public HeatuYgs dufin9 its regular City - Commission meelin6,Tuesddy;, Apnf 1,1, 2000 beginning at 7:30 p:m., in, the City Commission Chamtieis 6130 Sulnset Dnve, tes consider, the-fot- ibwing?descrlbed ohimanoe(sr:` AN ORDINANCE OF T}1E MAYOR AND CITY COMMISSION OF lVIIAMi DAILY BUSINESS REVIEW THE CITY OF SOUTH MIAMI FLORIDA AELATINGTO COMMU- Published Daily except Saturday; Sunday and NITY'RELA11(JNS,BOARD; AMENDING SECTION 226.6 OF THE Legal Holidays CITY - OF $At3TH' MIAM1= CODE OF ORDINANCES; ENTITLED Miami, Miami -Dade County, Florida. COMMUNITY RELA71pNS BOARD" CHANGING THE MEMBER -. SHIP;F.ROM 157017 MEMBERS; PROVIDING FOR SEVERABILI STATE OF FLORIDA TV; ORDINANCES IN CONFLICT AND AN'EFFECTIVE DATE (1st COUNTY OF MIAMI -DADE: Re iding - 317/00) " Before the undersigned authority personalty appeared AN ORDNANCE ©F.TH MAYOR,,AND CITY COMMIS$ION.Or, Octelma V. Ferbeyrs, who on oath says that she is the THE CITY OF, SOUTH MIAMI FLO iDA REL "TINE TO PENSION: Supervisor, Legal Notices of the Miami Daily Business BbO ; AME NbiNGSEC�iON16 ;20'(a]OFTHECITYDESOUTH Review flk(a Miami Review, a dally (except Saturday, Sunday MIAMI C,bbE OF ORDINANCES gNTiT)LEI_?,,"PENSION BOARD '; and Legal Holidays) newspaper, published at Miami in Miami- CHANGING TWE MEMBERSHIP ;FROM FIVE TO SEVEN fv1EM Dade County, Florida; that the attached copy of advertise BERS, PROV }DING FO R�SEVERABILITY, ORDINANCES IN CON- ment, being a Legal Advertisement of Notice in the matter of FLICT,AND AN EFFECTVE "DATE. (-Isi Reading `- 317/00) CITY OF SOUTH MIAMI AN ORDiNANCEOF THEMAYORAND CITY COMMISSION OF PUBLIC HEARING 4/11/00 THE CiTY OF SOUTH MIAMI FLORIDA, RELATING TO ARAN- I DONED AND.dUNKED 1k1 #114LES ORi?,TtNG !1 NES,SECFION t5.351 ENti"GL5D, "NOJSANC -4Et LARED FdR:AekNDGNED- VEWIOt S., :PFTtlHIBITINGi- STOAJNG,.PARKINd OR LEAVING XXXXXXX Court, A8ANDONEb VEHICLES dN PRIVATE PROPERTY-'PROVIDING In the .. . ............ ....... R DEFINITIONS, NOTICE, REMOVAL AND DISPOSITIpN OF was puTblis ed in saw gyr paper in the issues of ANDONED VEHICLES;' PROVIDING FOR ALTERNATIVE. AEM- !! °113 U r L(SUC EDIES AND it1MONITY OF CODE, ENFORCEMENT OFFICERS FROM PROSECUTION FOR TRESP.ASS'AND OTHER ACTIONS; REPEALING" SECTION 1;5.35.1, ENTITLED "JUNK, WRECKED, ABANDONED'. VEHICLES KEEPING'ON PRIVATE PROPERTY` PROHIBITED;' REPEALING SECTION.15.35.2, ENTITLED "SAME -. REMOVAL; NOTICE% REPEALING SECTION 16;35.3, ENTITLED Affiant further says that the said Miami Daily Business "ADOPTION OF STATUS RELATIVE TO ABANDONED, -- Review is a newspaper published at Miami In said Miami- WRECKED PROPERTY ADOPTED BY REFERENCE;" REPEAL - Dade County, Florida, and that the said newspaper has [NO SECTION 15.35.4, ENTITLED "SAME - ENFORCEMENT EX heretofore been continuously published In said Mlaml-Dads PENSES, CONSTITUTE LIEN [ON] VEHICLE iN'VIOLATION"; AND County, Florida, each day (except Saturday, Sunday and REPEALING,SECTJON 1sml, ENTITLED "CITY MANAGER RE- Legal Holidays) and has been entered as second class mail SPONSIBLE F.OR IMPLEMENTATION OF SECTIONS 15.35.1 matter at the post office in Miami In said Miami -Dade THFIOUGH "15.35:4" OF THE CITY QF SOUTH MEAMI,CpDE OF County, Florida, for a period of one year next preceding the OR DINANCESf'PAOVIDiN)a FOA $EYERABIL1Tj,.ORDINANCES first publication of the attached copy of advertisement; and )tyj.!•+ONFLtCT :AIJD,AN E1=FEC7 }VE "DATE t t Readm afftant further says that she hes n Ither aid nor romised j $ g 317!00) any person, fir r carp o n any Iscount, rebate, com- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF mission or r nd for rpose of ecur)ng this advertise- ment for p iicat t said new paper. THE CITY OF "SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC ' RECORDS RETENTION SCHEDULE AMENDING SECTION 2.18 (f) OF THEClT,Y OF SOUTH MIAMI CODE OF ORDINANCES ENTI -, - -- ..... TLEb 'PHOTOGRAPHING,ANb DESTRUCTION OF PUBLIC RECORDS "'; " ,ADOPTING THE STATE OF- FLORIDA GENERAL RECORDS SCHEDULE FOR STATE AND LOCAL GOVERNMENT 0 S and subsc bed b tlsa 0 ® AGENCIES (SCHEDULE GSi ); PROVIDING FOR SEVERABILITY, OADINANCES'IN CONFLICT, AND AN EFFECTIVE DATE. {1st do t .... Readih 3/760 AN "ORDINANCE OF THE 'MAYOR AND CITY COMMISSION OF " -. -' -' ' ��� THE CiTY.OF SOUT1i MIAMI; FLORIDA RELATING TO THE DELE (SEAL) Y Ru OFFICIAL NOTARY AL TiON OF SECTiON 151,'AIRCRAFT- MINIMUM ALTITUDE; SEC; t�, !� JANETT LLEAENA TION 1j 3,.SAME STUNT'OR ACROBATIC FLYING, AND SEC. Octelma V. Ferbeyr r npwn t2 9kttesrorl MErNaie TION 15, 3, SAM£ TRAINING FLIGHTS, OF THE CODE OF ORDI- 10 NANCESOF THE CiTYOF UT HM IAMI','00OVIDINGFOR SEV " i Y CC566004 ERA61L1TYORDINANCE :;$IN'G`ONFLICT,RND'AM "EFFECTIVE �� MYM+NfCS1DH%PIRE$ DATE (1st Rearing " March 2h, 2000) ' QF Ft.O JUNE 23,2000 &N ORDINANCE OF TH> :MAYOR ANt3 Cf V COMMISSION OF THE CiTYOF SOUTti MIAMI, FLORIDA RELATING TO DELETING SECTION` 15 =67 TRAINS OBSTRUCTING: STREETS, MAXIMUM TIME ALLOWABLE; PENALTY; PROVIDING FOR-SEVERABILITY ORDINANCES ='iN CONFLICT, AND AN EFFECTIVE DATE, (Fst Reading - March'21, 2400y , AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CiiY'OF "SOUTH MIAMi, FLORIDA RELATING TO LOBBY- ISTS, AMENDING SECTION 6A -5, ENTiTLED'YLC?BBYtSTS; AEG- IIATION A@1D REPOTINCp,1 iSEhIPTiONS" OF THE CITY OF SOUTH MIAMI; "GLIDE; Et3UIRtNG" REG1�tRAT10'N AND''DIS- CLOSURES; PROV101NG'pENALTfES; REPEALING SECTION BA- 6, ENTITLED ",'PENALTY'FOR VIOLATION OF CHAPTER; PRO - ViDiNG FOR SEVERABfLtTY, 0RDiNANCES, IN CONFLICT, AND. AN'EFFEC -12, ATE. (1st Reading -March 21,:2000) " Saidordinancecan,ba,lr, optedIntFieCityClerksOffice ;7vlonday daydurCngregularoiYc;h, urs." " Inquiries no rn hg this itemshould be directed to the City Manager's office at:; 663 6338..' ALL interest, parties ate Invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City bf South Miami Pursuanho Florida Statutes 286.0105, the City herebyadvises the pub- fio that if a person decides to appeai any ded io rnad0 by this Board, Agency dr Commission with respect io 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 istabe,oased. , 3/30 4o:3- 54138242M CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 4/7/00 1 4 r AGENDA ITEM #' FROM: Charles D. Scurr C�'m Comm. Mtg. 4/11/00 City Manager Lobbyist Ordinance THE REQUEST AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS; REGISTRATION AND REPORTING, EXEMPTIONS," OF THE CITY OF SOUTH MIAMI CODE; REQUIRING REGISTRATION AND DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION 8A- 6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER"; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1St Reading — March 21, 2000) BACKGROUND The attached ordinance on for second reading and public hearing and sponsored by Mayor Robaina updates Sec. 8A -5 entitled "Lobbyists; registration and reporting, exemptions," of the City Code and repeals Sec. 8A -6 entitled "Penalty for violation of chapter." CITY -OF SOUTH MIAMI ® INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: March 16, 2000 Charles Scurr, City Manager Ronetta Taylor, City Clerk From: Earl G. Gallop Re: Proposed amendment to lobbyist ordinance Subject: The proposed amendment updates Sec. 8A -5, entitled "Lobbyists; registration and reporting, exemptions," of the city code and repeals Sec. 8A -6, entitled "Penalty for violation of chapter." Discussion: The city's ordinance regulating lobbyist was adopted in 1969 and last updated in 1986. It is in need of updating. The purpose of the proposed amendment is to strengthen lobbyist reporting and disclosure requirements so that city officials, candidates, staff and the public may know who is doing business with the city or seeking to influence legislation. This amendment continues the city commission's commitment to strengthening standards of conduct pertaining to actions by city officials and persons seeking to do business with the city. The objective of the proposed amendment is to require disclosures by lobbyists to identify their clients, the subjects that they have been hired to lobby, city officials who will be, or have been lobbied, and the amounts and objects of expenditures. The scope of the ordinance includes city and all city boards, committees and agencies, including the South Miami Community Redevelopment Agency and the Health Facilities Authority. The ordinance applies to everyone who is retained (whether paid or not) to represent a business entity or organization to influence city action. City action is broadly described to include virtually all legislative, quasi-judicial and administrative action by the city, including the ranking and selection of professional consultants. A does not apply to persons who appear on behalf of not - for - profit organizations (Elks, American Legion), homeowners associations (CSM HOA), local chamber of commerce and merchants associations (Chamber South, Red Sunset Merchants Ass'n.), and trade associations and unions (PBA, AFSCME). It also excludes persons who speak on their own behalf without compensation (Mr. Tucker), persons who are requested to appear before the commission, or any board, committee or agency, persons who are compelled to appear (under subpoena from code enforcement board) and attorney's hired to represent persons who are requested or compelled to appear, persons who appear in connection with a contract they have with the city, and expert witnesses. Please note, however, an attorney representing a person in a quasi-judicial proceeding is required under this version, but was not required under the former version, to register as a lobbyist and pay a $125 fee. Lobbyist must file with the city clerk, disclose who they represent, the subject they have been hired to lobby, and city officials they will contact. They must file an annual report identifying how much they spent, and on what (meals, etc.,) and the city official on whom they made the expenditure. Violations of requirements of the ordinance will enforced by the Miami -Dade County Commission on Ethics and Public Trust, which can issue public reprimands and determine fines ($250 first offense, $500 second and further offences). Contracts that are entered into with the city where a violation has occurred are voidable. The city commission can debar the principal and the lobbyist for lobbying in the city, and from contracting with the city, when there have been three violations. Recommendation: Approve the ordinance on 1St reading and schedule 2' reading and public hearing. \ \Dell_6100 \Documents \City of South Miami \0022- 001\2795.doc I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 LOBBYISTS; AMENDING SECTION 8A -5, ENTITLED "LOBBYISTS; 6 REGISTRATION AND REPORTING, EXEMPTIONS," OF THE' CITY 7 OF SOUTH MIAMI CODE; REQUIRING REGISTRATION AND 8 DISCLOSURES; PROVIDING PENALTIES; REPEALING SECTION 9 8A -6, ENTITLED "PENALTY FOR VIOLATION OF CHAPTER," 10 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 11 AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami seek to 15 protect the elected and appointed city officials and city employees from the appearance 16 of, or actual, favoritism, corruption, or other impropriety in their consideration of 17 ordinances and resolutions, decisions in quasi-judicial proceedings, selection of 18 consultants, awarding of contracts and other city business; and 19 20 WHEREAS, the Mayor and City Commission have enacted legislation relating to 21 conflict of interest, ethics and limitations on campaign financing to strengthen the 22 standards of conduct pertaining to actions by city officials, candidates for public office, 23 city employees and persons doing business with the city; and 24 25 WHEREAS, the Mayor and City Commission now seek to strengthen the 26 reporting and disclosure requirements for all lobbyists so that city officials, staff and the 27 public may know who is doing business with the city or seeking to influence legislation; 28 and 29 30 WHEREAS, the Mayor and City Commission desire to amend Section 8A -5, et 31 seq. of the City of South Miami Code of Ordinances to accomplish an important public 32 purpose. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 36 37 Section 1. Section 8A -5, entitled "Lobbyists; registration and reporting, 38 exemptions" of the City of South Miami code is to read: 39 40 Sec. 8A -5. Lobbyists; registration, apA reporting, fees, exemptions_, 41 expenditures, and penalties. 42 1 (a) This section shall be known as the City of South Miami Lobbyist 2 Registration Ordinance. 3 4 (b) Definitions. For the purposes of this section, the following terms shall have 5 the definitions contained herein: 6 7 M Lobbyist means all natural persons, unincorporated associations, or business 8 entities employed or retained, whether paid or not, by a principal who seeks 9 to encourage the passage, defeat, or modification of any of the following: 10 (i) ordinance, resolution, action, or decision of the city commission, the 11 mayor, or any commissioner; (ii) action, decision, or recommendation of 12 any city board, committee, or agency, including without limitation, the 13 governing and advisory boards of the South Miami Community 14 Redevelopment Agency and the Health Facility Authority; or (iii) action, 15 decision or recommendation of the city manager, deputy, assistant, or 16 assistant to the city manager, department heads, division heads, city 17 attorney, assistant city attorney (except when such personnel are acting in 18 connection with quasi-judicial or administrative hearings) during the time 19 period of the entire decision- making process on an action, decision or 20 recommendation which foreseeably will be heard or reviewed by the city 21 commission, or a city board, committee, or agency. "Lobbyists" 22 specifically includes the principal, as well as any agent, attorney, officer or 23 employee of a principal, regardless of whether lobbying activities fall 24 within the normal scope of employment of the agent, attorney, officer or 25 employee. "Lobbyist" shall exclude any person who only appears as a 26 representative of a not for profit corporation or entity (such as a charitable 27 organization, neighborhood or homeowners association, local chamber of 28 commerce and merchant's association, trade association, or trade union), 29 without special compensation or reimbursement for the appearance, 30 whether direct; indirect or contingent, to express support of or opposition to 31 any item. .�,�,,, ;s r r , 32 pewee'@ of Wgigi4 -i -Q- Q--r � ie�ti�Po eti'v�i �P�+x�9i� g 33 ssiola, Ybow ds,somiuews er of 4W Gi4' South 34 09 M 35 36 (2) Principal means the natural person, firm, corporation or other entity that 37 has employed or retained a lobbyist. 38 39 (c) (1) Registration and filing requirements. All lobbyists shall, before 40 engaging in any lobbying activities, register with the clerk. Every person 41 required to register shall register on forms prepared by the clerk, pay a 42 registration fee as specified in appendix A and state under oath: 43 Additions shown by underli and deletions shown by e*sW14ag. , 2 I (i) name and business address of lobbyist; 2 (ii) name and business address of principal; 3 (iii) the name and business address of each person or entity, within the 4 preceding five years, for whom the lobbyist was employed; 5 (iv) the commissioner or personnel sought to be lobbied; and 6 v the specific issue on which the lobbyist has been employed to lobbv. 7 8 (2) Change or modification of information. Any change to any 9 information originally filed, or any additional city commissioner or 10 personnel who are also sought to be lobbied shall require the lobbyist to file 11 an amendment to the registration forms, although no additional fee shall be 12 required for such amendment. The lobbyist has a continuing duty to supply 13 information and amend the forms filed throughout the period for which the 14 lobbying occurs. 15 16 (3) Disclosure. If the lobbyist represents a corporation, partnership or 17 trust, the chief officer, partner or beneficiary shall also be identified 18 Without limiting the foregoing, the lobbyist shall also identify all persons 19 holding directly or indirectly, a 10% or more ownership interest in the 20 corporation, partnership or trust. 21 22 (4) Separate registration requirements. Separate registration shall be 23 required for each principal represented on each specific issue. The issue 24 shall be described with as much detail as is practical, including but not 25 limited to a specific description where applicable of a pending request for a 26 proposal, invitation to- bid, or public hearing item. The city clerk shall 27 reject any registration statement that does not provide a description of the 28 specific issue on which the lobbyist has been employed. 29 30 (5) Each person who withdraws as a lobbyist for a particular client shall 31 file an appropriate notice of withdrawal. 32 33 (6) Fees. Each lobbyists shall pay a registration fee, as required in 34 subsection (c)(1). In addition, all lobbyist must register prior to October 1 35 of every year; and the fee shall be as specified in appendix A The 36 registration fees required in this chapter shall be deposited by the city clerk 37 into a separate account and shall be expended only to cover the costs 38 incurred in administering the provisions of this section. There shall be no 39 fee required for filing a notice of withdrawal, and the city shall 40 waive the registration fee upon a finding of financial hardship, based upon 41 a sworn statement of the applicant. Prior to conducting any lobbying on a 42 matter, all lobbyists must file a form with the city clerk, signed by the 43 principal or the principal's representative, stating that the lobbyist is Additions shown by underlining and deletions shown by 3 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 authorized to represent the principal. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, neighborhood or homeowner association, local chamber of commerce and merchant's association, trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect, or contingent, to express support or opposition to any item, shall not be required to register with the city clerk as required by this subsection. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (7) Disclosure and appearance of impropriety. In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with the mayor, any city commissioner, or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (8) Duty of the city commission, boards, committees, agencies, and employees. All members of the city commission and all city personnel, including all board, committee and agency members, shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. The mayor, commissioners, board, committee and agency members, and city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section. I All covered cit -in logs for all with and members shall maintain (d) List of expenditures. (1) On October l of each year, lobbyists shall submit to the city clerk a signed statement under oath, as provided by the clerk, listing all lobbying Additions shown by underlining and deletions shown by 4 - - - - - - „ _ -• - (d) List of expenditures. (1) On October l of each year, lobbyists shall submit to the city clerk a signed statement under oath, as provided by the clerk, listing all lobbying Additions shown by underlining and deletions shown by 4 I expenditures in the city for the preceding calendar year. A statement shall 2 be filed even if there have been no expenditures during the reporting period. 3 The statement shall list in detail each expenditure by category, including 4 food and beverage, entertainment, research, communication, media 5 advertising, publications, travel, lodging and special events and shall 6 identify the city officials, personnel, and members upon whom the 7 expenditures were made. 8 9 (2) The city clerk shall notify any lobbyist who fails to timely file an 10 expenditure report. In addition to any other penalties which may be 11 imposed under this chapter, a fine of fifty dollars ($50.00) per day shall be 12 assessed for reports filed after the October 1 ac due date. 13 14 (3) The city clerk shall notify the Miami -Dade County Commission on 15 Ethics and Public Trust of the failure of a lobbyist to file a report and/or 16 pay the assessed fines after notification. 17 18 (4) A lobbyist may appeal a fine and may request a hearing before the 19 Miami -Dade Commission on Ethics and Public Trust. A request for a 20 hearing on the fine must be filed with the Miami -Dade Commission on 21 Ethics and Public Trust within fifteen (15) calendars days of receipt of the 22 notification of the failure to file the required disclosure form. The Miami - 23 Dade Commission on Ethics and Public Trust shall have the authority to 24 waive the fine, in whole or in part, based on good cause shown. 27 , 28 e_ tote Gi4' CO; of a# tk4te "€twlogislmiot4 @; 29 30 =oP es@ 4 sash @XPeRdatlag. 24101; CQ;Ms W ba Wed AW4 4ee 32 33 (e) Exceptions to registration. The following persons will be exempt from the 34 provisions of this section: 35 36 (1) Any person who only appears in his or her individual capacity at a 37 public hearing before the city commission, board, committee, agency 38 meeting, and has no other communication with the city personnel, for the 39 purpose of self - representation without compensation or reimbursement, 40 whether direct, indirect, or contingent, to express support of or opposition 41 to any item, shall not be required to register as a lobbyist, including but not 42 limited to those who are members of homeowners or neighborhood 43 associations. All speakers shall, however, sign -in on forms available at the Additions shown by underlining and deletions shown by 5 1 public hearing or meeting. Additionally, any person or representative of a 2 business entity requested to appear before any city commission, or board, 3 committee, or agency meeting, or any person or representative compelled to 4 answer for or appealing a code violation, or any administrative hearing 5 shall not be required to register, nor shall any agent, attorney, officer or 6 employee of the person. ^ iy r °r ° ^„ ;zee 1, ap aMS, r° 7 n ^mm;c,oi^„ bq"ds 1 n ^,v,m +nno ^r 044-GOWN NEW OW1^c4°°c. Of th@ G45' 7 8 ^vf —eeP�r rPe66' a &t�9 *4440 auePrw4aff —to i444410aQ0, 9 :vs :e:eeeiv :: v: seas :a :asuaei`ZPe Q6tivv j$4a :817; r @6fes i g— "` }i ^er:i yi 10 "R4MQ ;24QI4 er 44 hgr indi;'idua4 sapaG43' wish@s te @K„r°SS S,,,,,, ^r 11 v^pPOSWO :i e0 pmdiag— logislatioN Qr- eii ho 12 r ° ^,,;r °4 to wgis4°r ^r r°r,914 as n li,l b54st „&d@r- 41„0 swti 4; 13 14 (2) Any public officer, employee or appointee or any person or entity in 15 contractual privity with the city who only appears in his or her official 16 capacity shall not be required to register as a lobbyist. 17 18 414g -W&r.0 tho W;�' or 444;Q is M datodby state law to u� 19 as -W _t i-14 SuGhPresggdiags e14211 44047: 140 r-equir-Od to r-Ogist" ,.r r °r. ^r+ 20 21 22 (3) Any person appearing as an expert witness called in proceedings 23 before the commission, any board or a committee or the administration of 24 the city who presents testimony in support of a position or explaining such 25 position. 26 27 (e) Penalties. 28 29 (1) Violations of this section may be determined by the Miami -Dade 30 County Commission on Ethics and Public Trust. A finding by the 31 commission that a person has violated this chapter shall subject the person 32 to those penalties set forth in § 2 -11.1 of the Metropolitan Dade County 33 Code. The penalties include admonition, public reprimand, and fines, as 34 well as prohibitions from registering as a lobbyist or engaging in lobbying 35 activities before the city. 36 37 (2) Additionally, the city commission may debar a bidder or proposer 38 from lobbying activities in the city, and from entering into contracts with 39 the city, or any agency or authority of the city when the bidder or proposer 40 either directly or indirectly, on three or more occasions, has been found to 41 have violated the lobbyist provisions of this section. As used herein, a 42 "direct violation" shall mean a violation committed by the bidder or 43 proposer and an "indirect violation" shall mean a violation committed by a Additions shown by underlining and deletions shown by ° „ore, -gig. 6 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 lobbyist representing said bidder or proposer. A contract entered into in violation of this section shall render the contract voidable. The city manager shall include the provisions of this section in all city bid documents, RFPs and RFQs; provided, however, that failure to do so shall not render anv contract voidable. (3) Except as otherwise provided in subsection (f)(1), the validity of any action or determination of the city commission, board, committee, or agency shall not be affected by the failure of any person to comply with the provisions of this section. Section 2. Section 8A -6, entitled "Penalty for violation of chapter," is repealed. �. .. .. AA AA _I - 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. This ordinance shall be included in the Code of Ordinances. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6. This ordinance shall take effect immediately upon approved. Additions shown by underlining and deletions shown by 7 4 5 6 7 ATTEST: 8 9 10 11 CITY CLERK 12 13 14 15 16 17 READ AND APPROVED AS TO FORM 18 19 20 CITY ATTORNEY 21 22 \ \Dell_6100\DocumentsTity of South Miami \0022- 00 1\2747.doc MAYOR 1 st Reading — 2nd Reading — COMMISSION VOTE: Mayor Robaina: Vice Mayor Feliu: Commissioner Wiscomb: Commissioner Bethel: Commissioner Russell: Additions shown by underlining and deletions shown by 8 I Appendix A 2 3 Description Amount 4 5 Annual registration fee due October 1 st $125.00 6 7 Daily late fee after October 1St deadline $ 50.00 Additions shown by underlining and deletions shown by 9 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared Octelme V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a. dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dade County, Florida; that the attached copy of advertise- . mom, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 4/1I/00 In the ............ . x..x..xX._ .XXX ........................ Court, was plisB 6In sa�,pew &paper in the issues of 1�'icl -i U U U U Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and offiant further says that she has ehher paid nor promised any person, fir r corp o any iscount, rebate, com- mission or r nd for rpose of #curing this advertise- ment for p Ilcat t said new paper. .. ... ...... .. O S a g subsc bed b ti>4s0 C) 0 do f ... . ..........t.. D........ (SEAL) Y A WICfAL NOTARY StAL O ! JAHM LLERENA Octelmo V. Ferbeyr r npwn tt gj*X.Q&0N mmeaR ) CC56600♦ �fFC?F FLe- MYJUW"ppp ES City of South Miami INTER-OFFICER MEMORANDUM TO: Mayor and City Commission FROM: Charles Scurr City Manager Request DATE: April 4, 2000 &P SUBJECT: Agenda Item # Comm. Mtg. April 11, 2000 Renewal of the Mutual Aid Agreement, Joint Declaration and Addendum to the Joint Declaration with Miami Dade Police Department Authorization to renew the Mutual Aid Agreement, Joint Declaration and Addendum to the Joint Declaration with Miami Dade Police Department. Background and Analysis The current Mutual Aid Agreement, Joint Declaration and Addendum to the Joint Declaration with the Miami Dade Police Department has expired. As you are aware, the mutual aid agreement and Joint Declaration provides for mutual cooperation between our agencies. The mutual aid agreement stipulates that during emergency or crisis situations the involved entity may request assistance from the participating agency to assist in protecting the public peace and safety, and to preserve the lives and property of the people of the County of Miami -Dade. Additionally, the Joint Declaration provides for officers to take action when they are on "official business" outside of their jurisdiction. Authority is given to the officer to effect an arrest outside of his/her jurisdiction when incidents happen spontaneously in their presence. Officers are forbidden to preplan events outside of their jurisdiction. The majority of police agencies throughout Miami Dade County are participating in the Joint Declaration agreement. The South Miami Police Department has enjoyed the cooperation with the Miami Dade Police Department and neighboring agencies for a number of years and would hike for the Mayor and City Commissioners to support us by acknowledging our participation in these worthwhile programs. 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, AUTHORIZING THE CITY MANAGER TO RENEW THE MUTUAL AID AGREEMENT, JOINT DECLARATION AND ADDENDUM TO THE JOINT DECLARATION WITH MIAMI DADE POLICE DEPARTMENT. WHEREAS, the current Mutual Aid and Joint Declarations Assistance Package with the Miami -Dade Police department has expired, and WHEREAS, the State law permits local Law Enforcement agencies to engage in assistance agreements for a time and date certain, and WHEREAS, the Miami -Dade Police Department has submitted updated packages for review, and WHEREAS, the documents have been reviewed and meet the approval of the South Miami Police Department, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to renew the Mutual Aid and Joint Declarations Assistance Package with the Miami -Dade Police Department. Section 2. That this resolution be effective immediately after adoption hereof. PASSED AND ADOPTED this day of , 2000. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY MUTUAL AID AGREEMENT Between Miami -Dade County and Participating Municipal Police Departments Whereas, it is the responsibility of the governments of Miami -Dade County, Florida, and the participating Miami -Dade County municipalities to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and Whereas, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man -made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the Miami -Dade Police Department or the participating municipal police departments; and Whereas, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the County of Miami -Dade and the participating Miami -Dade County municipalities; and Whereas, Miami -Dade County and the participating Miami -Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW, THEREFORE, BE IT KNOWN that Miami -Dade County, a political subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement. 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. 3. Definitions: a. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. b. Agency or participating law enforcement agency: Either the Miami -Dade Police Department or the participating municipal police department. c. Agency head: Either the Director of the Miami -Dade Police Department, or the Director's designees; and the Chief of Police of the participating municipal police department, or the Chief s designees. d. Participating municipal police department: The police department of any municipality in Miami -Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of that municipality. e. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: a. In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. b. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. c. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: a. All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. b. The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. d. All exemption from ordinance and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extra territorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action, or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, January 1, 2005. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. 10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED TO AND ACKNOWLEDGED this day of City Manager City of South Miami, Florida ATTEST: City Clerk City of South Miami, Florida County Manager Miami -Dade County, Florida ATTEST: County Clerk Miami -Dade County, Florida , 1999 APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SUFFICIENCY: City Attorney City of South Miami, Florida County Attorney Miami -Dade County, Florida JOINT DECLARATION OF THE DIRECTOR OF THE MIAMI -DADE POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT. A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • participating in law enforcement activities that are preplanned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by The City of South Miami and Miami -Dade County, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Director /Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid and the Miami -Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. DATE DATE 3l64Z) Carlos Alvarez, Director Cokes Watson, Jr., Chiff Miami -Dade Police Department City of South Miami Police Department ATTEST: VIONI 25 DATE DATE County Clerk City Clerk Miami -Dade County, Florida City of South Miami, Florida ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT Whereas, it is to the mutual benefit of the municipal police agency listed below and the Miami -Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. a) Concurrent law enforcement jurisdiction in and throughout the territorial limits of participating municipalities and Miami -Dade County, Florida, excluding those areas within the territorial limits of municipalities not participating in this Addendum and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for example, to or from court, or at any time when the officer is within the territorial limits of his or her jurisdiction, and provided that, in the context of this Joint Declaration, "official business outside of his or her jurisdiction shall not include routine patrol activities, preplanned operations, or undercover investigations. b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of participating municipalities and Miami -Dade County, Florida, excluding those areas within the territorial limits of municipalities not participating in this Addendum and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, when such offense occurred in the municipality employing the arresting officer, should the arresting officer be a municipal law enforcement officer. However, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b) above, the officer shall notify the designated officer of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to insure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. Any municipal police agency electing to participate in concurrent jurisdiction pursuant to this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that agency's Standard Operating Procedures, the following Standard Operating Procedure For Concurrent Law Enforcement Jurisdiction: STANDARD OPERATING PROCEDURE FOR CONCURRENT LAW ENFORCEMENT JURISDICTION I. PURPOSE: To provide specific guidelines for the use of concurrent law enforcement jurisdiction. II. POLICY: It shall be the policy of the (name of participating police agency) that law enforcement officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in unincorporated Miami -Dade County and within any municipality which participates in this Mutual Aid Agreement when the offense takes place in the officers' presence while officers are within their jurisdictions or while they are traveling from place to place on official business outside his or her jurisdiction, i.e., to or from court, or as a result of an investigation of any offense constituting a felony or act of Domestic Violence as defined in section 741.28, Florida Statutes, when the offense took place within the jurisdiction of the investigating officer. Concurrent jurisdiction does not include authority to make forcible entries into private residences or businesses which are not open to the public, i.e., authority may only be exercised in places which are open to the public or with the consent of an occupant entitled to give consent. A. General Requirements: 1. Prior to taking any enforcement action, the officer shall notify the designated officer of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as possible. 2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed in such manner as to ensure that any revenues or surcharges generated shall be directed to the jurisdiction in which the arrest was made. 3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. 4. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does not include preplanned operations, undercover investigations, stings, or sweeps. 5. Officers shall not conduct routine patrol activities outside of their jurisdiction. 6. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency within whose jurisdiction the action was taken as soon as possible after the action has taken place. 7. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and /or crime scenes. 8. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. Any participant in this Addendum may withdraw from participation in the Addendum only, by providing each other participant with written notice of withdrawal 30 days prior to the date of withdrawal, which date shall be specified in the notice. Furthermore, any participant wishing to withdraw from participation with one or more other participants may terminate voluntary cooperation with said participant(s) by providing written notice of termination to the affected participants and to the Miami -Dade Police Department 30 days prior to the desired termination date, in which case voluntary cooperation shall remain in force only with the remaining participants. The Miami -Dade Police Department shall keep all concerned agencies advised as to current participants in this Addendum. C/ Cokes Watson, Jr., Ch' City of South Miami Police Department Carlos Alvarez, Director Miami -Dade Police Department Harvey Ruvin County Clerk Date Date Date SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: MAYOR AND COMMISSION Date: April 5, 2000 FROM: Charles Scurr Agenda Item # / 11 City Manager Comm Mtg. April 11, 2000 Take Home /Assigned Police Vehicle Program REQUEST Approval of a Take Home /Assigned Vehicle Program (THAV Program) for the sworn members of the Police Department. BACKGROUND AND ANALYSIS The City of South Miami has historically used "pool vehicles" for patrol and other police activities. Patrol vehicles are driven twenty four hours a day seven days a week. This extremely heavy usage leads to the premature aging of the vehicles and high maintenance expanses. The majority of first -tier police agencies in Miami -Dade County have moved to take home vehicle programs. Agencies with THAV Programs include Miami -Dade County, the City of Miami, Coral Gables, Miami Beach, North Miami and Homestead. The Take Home /Assigned Vehicle Program would have the vehicles assigned to a single operator. This will reduce the operating time of the vehicles to approximately eight hours per day five days per week. Reduced usage will lower maintenance costs and extend the useful life of the vehicle. A THAV Program will also increase police officer productivity. Currently, police officers must end their patrol time early enough at the end of a shift, to fuel the vehicle, unload their personal equipment and clean up the vehicle for the next shift. The officers starting their shift must inspect the vehicles, and load their personal equipment in to the vehicles. The Assigned vehicles will allow the officers to spend more time on patrol using less for the transition at the beginning and end of the shift. Officers will be also be seen in their vehicles driving to and from work, court, and other duties. This increased visibility of police vehicles in the city will help to reduce crime, and deter traffic violators. The financial considerations and costs associated with the take -home program involve the City having a larger number of vehicles in the active fleet but with a significantly lower annual operating and maintenance cost for vehicle. Spreadsheets detailing the vehicle phase in and annual operating costs are attached. The total operating and maintenance expense for 24 -hour pool vehicles is $4,520 per year whereas the expenses for non -pool vehicles are approximately $2,245 annually. The steady state non -take home fleet requires 40 vehicles at an annual cost of approximately $464,300. The steady state THAV Program fleet requires 71 vehicles at an annual cost of $622,995. The supplemental cost of the take -home program is approximately $158,695 annually. Funding will be provided in future year budgets. It is proposed that the vehicle program be phased in over a 3 -4 year period. This will enable orderly and phased budgeting and will avoid major expense spikes in future years. It is essential that any take -home program be carefully controlled. The City of South Miami has developed a complete set of regulations and procedures modeled on the experience of other jurisdictions. This policy, which imposes strict operating controls, is attached. It should also be noted that take -home vehicles have become a standard for top -tier police departments and are considered an essential element in recruiting and retaining top quality law enforcement personnel. The Police Benevolent Association ratified the THAV Program by a vote of 26 for, 1 against. RECOMMENDATION Approval is recommended RESOLUTION NO. 7 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT A TAKE HOME /ASSIGNED VEHICLE PROGRAM FOR THE SWORN MEMBERS OF THE POLICE DEPARTMENT AS AGREED TO WITH THE POLICE OFFICERS BARGAINING ORGANIZATION, THE POLICE BENEVOLENT ASSOCIATION. 1 WHEREAS, it is necessary to maintain a fleet of vehicles for the Police Department and 2 it has been shown that vehicles assigned to one person to operate increases the life of that 3 vehicle, and 4 have an overall effect in reducing vehicle maintenance cost and helping to maintain the vehicle's 5 value, and; 6 7 WHEREAS, the take home /assigned vehicle program will increase the number of police 8 vehicles on the road, thus increasing the number of police officers and their visibility, in turn 9 reducing the opportunity for crime, and; 10 11 WHEREAS, when officers have assigned vehicles, the preparation time at the beginning 12 and end of each shift will be greatly reduced which increases available time for patrol, and; 13 14 WHEREAS, a take home /assigned vehicle is a benefit provided to sworn police officers 15 in numerous police agencies in South Florida and such a program would improve the working 16 conditions and moral for current as well as provide an attraction for applicants for future 17 employment, 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 21 22 Section 1. The City Manager is authorized to execute the implementation of the Take 23 Home /Assigned Vehicle Program. 24 25 Section 2. That this resolution be effective immediately after adoption hereof. 26 27 PASSED AND ADOPTED this day of , 2000. 28 29 ATTEST: APPROVED: 30 31 32 CITY CLERK MAYOR 33 34 READ AND APPROVED AS TO FORM: 35 36 CITY ATTORNEY SOUTH MIAMI POLICE DEPARTMENT INTER - DEPARTMENT MEMORANDUM TO: Mr. Charles Scurr, City Manager FROM: Cokes Watso 4. , Chief of Police DATE: February 29, 2000 SUBJECT: Take Home /Assigned Vehicles POLICY: The following is policy for the City of South Miami regarding take home /assigned vehicles. The assigned vehicle program is provided as a privilege, not a right. There is no right to an expectation of privacy regarding SMPD vehicles, assigned or not assigned. Members shall be responsible for the proper care of their assigned vehicle and related equipment assigned to them. These policies and procedures address personnel operation and maintenance of assigned vehicles. Personnel acknowledge that vehicles and equipment are the property of the City of South Miami, which retains sole right to absolute control of all vehicles. SCOPE: All members and employees of this De artment shall be governed by the procedures set forth below. 1. GENERAL RULES: A. Copies of all Uniform vehicle keys will be maintained in the Shift Commander's office specifically for this purpose. Copies of all Criminal Investigations Division vehicle keys will be maintained in that division's offices. B. Members/ employees shall use unassigned SMPD vehicles only with the permission of, or when directed by, a supervisor. C. Only the member assigned to the vehicle or other specifically authorized persons shall operate said vehicle. Marked vehicles will not be driven by non sworn employees, except for authorized city personnel for the purpose of vehicle maintenance or repair. D. Operators of SMPD vehicles must possess and carry a valid Florida operator's license. E. Vehicles shall be used for SMPD business only. 1. Vehicles will not be utilized for non police activity outside the jurisdiction of the City of -2- South Miami. Members may perform personal business within the jurisdictional boundaries of the City of South Miami prior to, or immediately after, their assigned or required duties. Members shall not drive their assigned vehicles to establishments which are primarily engaged in the sale and/or on- premises consumption of alcoholic beverages, to businesses of a questionable nature, or to any other establishments specifically prohibited by the Chief of Police. 2. Members traveling to and from their homes shall take action or assist persons needing help within the City of South Miami. Outside the jurisdictional boundaries of the City of South Miami, members will provide initial police service, as needed, for public well being, and will contact the Communications Center to have the appropriate agency respond. 3. Members will not be compensated when going from home to office or office to home. 4..Utilization of the assigned vehicle for any unauthorized personal compensation is prohibited. F. Every member /employee assigned to operate an SMPD vehicle shall be held accountable for the proper use, care and cleanliness of the vehicle (interior and exterior) and all equipment and tools assigned to the vehicle. 1. At the beginning of each tour of duty, members /employees assigned to SMPD vehicles shall carefully inspect the vehicle to ensure that it is in serviceable and safe operating condition and is not damaged. This inspection shall include all safety and first aid equipment located in the trunk or storage compartments. 2. Defects and/or damage shall be immediately reported to the member's /employee's supervisor. 3. Members shall report any mechanical problems to the Fleet Manager. 4. Members/ employees shall ensure that the vehicle they use is clean and adequately fueled at all times. G. No unauthorized armament will be carried in the police vehicle. H. Drivers will conform to all state and local laws and regulations regarding traffic and parking and applicable standard operating procedures whether on or off duty, while operating an assigned vehicle. 1. They shall not drive, operate, or park vehicles in such a manner as to reflect discredit upon the SMPD. -3 2. Members /employees shall observe all safe driving practices and basic courtesy. 3. Members experiencing any type of impairment or condition which may adversely affect their safe operation of a motor vehicle shall not operate any SMPD vehicle. I. Members shall not transport alcoholic beverages or unlawful drugs of any type in their vehicle unless within the scope of their official duties, i.e., a sworn officer transporting evidence.. J. Members shall, at all times while operating their assigned vehicle, monitor the main police radio channel. Transmissions shall be restricted to police business only. K. Members operating vehicles will be appropriately attired, i.e., uniform, court attire, slacks /pants, shirt/blouse and closed toe shoes, and shall be equipped with handgun, badge, identification and handcuffs. Members scheduled for training shall be attired as deemed appropriate by the Department Rules and Regulations and designated on the training notice., L. A member /employee involved in a traffic accident with a police department vehicle shall report same to the jurisdiction of occurrence and also to the on duty Shift Commander. The Shift Commander shall ensure that the crash is investigated and all paperwork collected and distributed in the same miner as on -duty crashes. M. Traffic accident damage to vehicles shall be reported on a Florida Traffic Crash Report. Damage caused by criminal mischief, unknown, or any other means shall be reported on an Offense/Incident Report. N. Members /employees shall close the windows, turn off the radio and engine, remove the keys and lock the doors when leaving a vehicle unattended, unless the emergency overhead beacons must be left on for traffic control or safety. Canine vehicles are exempt from these provisions when the canine stays in the vehicle. O. Members /employees shall use all safety equipment available to them in the operation of a motor vehicle. Seat belts shall be worn by all persons when operating /occupying vehicles so equipped. P. Prisoners shall not be left unattended in a vehicle. Q. Members /employees shall not allow persons to remain near the exhaust of a running vehicle. R. Members are prohibited from smoking inside of and/or within 20 feet of any police vehicles. S. Sick or injured persons shall not be transported or allowed inside an SMPD vehicle, except in -4- emergencies where no other transport is available or likely to be available. T. Members must receive prior approval from their immediate or on -duty supervisor to transport civilians, whether in a pool or an assigned vehicle. U. Motorcycle officers shall utilize an approved helmet and eye protection when operating SMPD motorcycles. II. ASSIGNED VEHICLES: A. Eli_ ibility: The Chief of Police has the authority to establish eligibility status for all personnel as follows: 1. Sworn permanent status members. 2. Valid Florida driver's license. 3. Distance/Residency: a.. All personnel employed prior to Ratification Date of are distance and residence qualified to participate in the take home vehicle program. b. Any employees' distance and residence qualified in 3.a. above and who live outside of Miami -Dade County may be subject to losing such eligibility for the Take Home /Assigned Vehicle program should the employee move their residence any appreciable distance further away from the City of South Miami. c. Any employee, employed on or after Ratification Date of must live within Miami -Dade County in order to be eligible for this program. 4. Eligibility status for the following circumstances will be at the discretion of the Chief of Police, who may require these members to bring their assigned vehicle to the SMPD for storage. a. Members on light duty status. b. Members under suspension. c. Members on extended leave for more than 40 hours or detached from the SMPD for more than 40 hours. d. Members who have had two or more preventable accidents during the immediate preceding 12 month period.. Preventable accidents are determined by an investigation of an Accident Review Board, subject to approval of the Chief ofPolice or the Chief's designee. Eligibility status will be relinquished for the term of any suspension. -5- e. Members committing any other action deemed inappropriate by the Chief of Police. B. Assignment/Replacement of Assigned Vehicles: 1. Available assigned vehicles will be distributed to members within their division based on rank first, then by seniority, utilizing the existing seniority list. 2. Reassignment /replacement will occur under the following circumstances: a. When scheduled by the Fleet Manager. b. No Bump Rule: Senior members may not "bump" a junior member for their assigned vehicle; however, they will assume a position on the waiting list commensurate with their seniority. listed procedures: When K -9 vehicles are not available for use, K -9 officers will follow the below 1. Utilize the available K -9 pool vehicle. 2. Use another assigned K -9 vehicle, if available. 3. If (1) or (2) is not available, the K -9 officer will make arrangements to transport the K -9 dog home and will be temporarily assigned to normal patrol duties, utilizing a pool vehicle. d. In case of promotion/transfer, assigned vehicles will remain within the division originally assigned. 3. In the event that the Police Department is under a Control Plan or other emergency situation, or in the event that, for whatever reason, there are not an adequate number of vehicles for a division to properly function, part or all of the assigned vehicle program may be suspended until the fleet has been replenished. C. Care and Maintenance: Members will be required to maintain and care for their assigned vehicles and equipment during normal duty hours. Members shall be responsible for the following: 1. Changing any flat tire which occurs outside the jurisdictional boundaries of the City of South Miami and maintaining a good spare tire and the tools necessary to change the tire. 2. Supervisors shall be responsible for weekly inspections of members' vehicles under their command. Vehicles shall be inspected for cleanliness, wear and tear, and required equipment in good no working order. 3. Members shall, at all times, operate their vehicles with reasonable prudence in order to maintain them at the highest level of operating efficiency. 4. Any theft of equipment from an assigned vehicle shall be immediately reported. D. Personnel shall NOT: 1. Add accessories or equipment without prior written approval of the Chief of Police. 2. Affix any unauthorized sticker, sign, apparatus or appendage to the assigned vehicle. 3. Use or introduce any fuel, oil, lubricant or additive other than those authorized by the Fleet Manager. E. Security of Vehicles: 1. Portable radios, cellular phones and other removable equipment, either Departmental issue or personal, shall be removed from assigned vehicles when left unattended at the member's residence. 2. Members shall remove firearms from the passenger compartments of assigned vehicles when left unattended. 3. Assigned vehicles shall be properly secured at all times. F. Parking and Storage: Members will not leave their personal vehicles at the station for longer than 48 hours, unless out of town on Department- related business III. POOL VEHICLES: A. If an officer's assigned vehicle is not available, he /she should use a pool vehicle while on duty. The SMPD will not provide a replacement vehicle for those vehicles out of service in excess of 24 hours. Pool vehicles include the prisoner van. Keys to the assigned or pool vehicles may be obtained from a supervisor. All supervisors shall be authorized to possess keys to the patrol vehicle key locker. B. If no pool vehicle is available, the officer shall check with a supervisor to determine if they are being used for off -duty details. Regular duty takes priority over off -duty use regarding pool cars. -7- C. If no pool car is available, the member shall contact a supervisor for vehicle assignment. Do not take a vehicle unless assigned by a sgpervisor. D. Supervisors shall ensure that if another officer's vehicle is utilized, it must be returned to the station prior to the assigned officer's tour of duty. IV. GENERAL CARE AND MAINTENANCE OF VEHICLES A. Automotive Operator Service Requests and Repair Orders: Members /employees deadlining vehicles for service at the Motor Pool shall complete an Operator's Service Request form. The date, mileage, unit number and service information must be accurately entered. A "Remarks" section is included if additional explanation is necessary. The Fleet Manager will be charged with coordinating the preventive maintenance of all vehicles assigned to the Department. B. Disabled: Should a vehicle become disabled, the Motor Pool shall be notified and be responsible for its repair and/or removal. When the Motor Pool is not available and the vehicle is disabled, members shall receive approval from a supervisor prior to towing the vehicle. Only authorized towing companies will be used. C. Washing of SMPD Vehicles: Police vehicles shall be washed with supervisory notification and approval at facilities under contract with the Police Department. The city shall not be responsible for expenses incurred utilizing any other facility or for compensation of personnel other than during regular duty hours. D. Speedometer Calibration and Certification: 1. 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INTRODUCTION The attached resolution seeks approval to allow the City Manager to authorize payment to the Simon Property Group for those construction costs over and above the one million dollar cap established in the Shops at Sunset Place Development Order. BACKGROUND As you know, the Simon Property Group was required to construct pedestrian - friendly street and sidewalk improvements along Sunset Drive, pursuant to Resolution No. 133 -94 -9534 (Specific Condition No. 5). The costs to the developer for the street improvements were fixed to a certain amount: one million dollars. However, following the development and approval of the project plans, it became apparent that the project costs would easily exceed the $1,000,000.00 cap. In fact, as early as April 29, 1997, the project construction costs alone (excluding design and construction administration fees) were projected at $1,082,000 after the plans were modified per ERPB requirements. At that time, it was decided that, instead of reducing the scope of this worthwhile project by eliminating features such as landscaping and street furniture, the project would proceed as designed with the understanding that the City would cover construction administration costs. It was further decided that the projected $82,000 overage would be addressed at a future date. One option discussed would be to separately pay for the stormwater improvements out of the stormwater fund. Subsequently, the project was unanimously approved by the City Commission on May 6, 1997. A detailed project timeline prepared by C3TS (the construction administrators for the City) is attached for reference. ANALYSIS A project of this magnitude, involving four City blocks and requiring the approval of three outside permitting agencies (FDOT, DERM, and Miami -Dade County Public Works), was an unprecedented undertaking for the City of South Miami, led by former Planning Director Bill Mackey deserves the "lion's share" of credit. However, because of the magnitude of this project, it was not possible to fully anticipate every contingency that would be required. For example, the project had to be redesigned several times to meet FDOT and Miami -Dade County permitting specifications, and the City was actually required to pave a section of Sunset Drive east of Red Road, an area outside the City limits. The City was also required to replace all of the underground conduit for the Miami -Dade County street lighting system because the existing system was not to the current code. On top of this, the construction schedule had to be continually adjusted to accommodate, as much as possible, the needs of the merchants along Sunset Drive, while still meeting a "drop dead" completion date of December 1998. All of these unexpected situations and issues had to be absorbed into the project, which further pushed the budget over the $1,000,000 cap. Notwithstanding, at the project's conclusion, and taking every available opportunity to minimize or defray costs, as well as to find areas for savings, the final construction cost total was only $1,109,682.69, an amount of $109,682.69 over the one million dollar cap. This cost overage, paid by the developer, must now be reimbursed by the City. You should note that this total (thoroughly reviewed by the City's Construction Administrator C3TS and City staff) does not include the management /administrative time provided by the Simon Property Group, nor permitting penalty fees assessed against the contractor for construction related errors (subsequently corrected). This total only reflects design fees, construction costs, and those construction administration costs not covered by the City of South Miami. Detailed backup information is attached for reference. The Sunset Drive Project was conceived and designed using a one million dollar budget, but with no contingency allowance. The $109,682.69 overage (less than an 11% overrun) is within the normal 15 -20% contingency allowance for a project of this scale. Lastly, it must be acknowledged that the Simon Property Group paid these overages in advance, and furthermore that interest is not being charged to the City. The Simon Property Group agreed to make these payments in good faith, and likewise, in reciprocity, the City should expedite repayment. The reimbursement would come from an appropriation from the Stormwater User Fee Trust Fund cash carryover into account number 111 - 1730 -541 -6490 (Stormwater - Construction), and a subsequent disbursement not to exceed $110, 000.00 to the Simon Property Group. In effect, the City is only reimbursing the Simon Property Group for a portion of the stormwater drainage improvements for the project, thereby enabling the use of the Stormwater User Fee Trust Fund for this purpose. The City's construction administrators, C3TS, have certified the breakdown of project costs with respect to Stormwater drainage related expenses (see attached memorandum). RECOMMENDATION Approval is recommended. FOOTNOTE The reimbursement payment to the Simon Property Group includes a $5,000.00 dedication plaque and sundial monument to commemorate the entire project. The construction and delivery of this item is pending approval of the reimbursement. Information on the sundial & plaque monument is also attached. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSTRUCTION COST REPAYMENT, REGARDING THE SUNSET DRIVE IMPROVEMENTS, AUTHORIZING THE CITY MANAGER TO ISSUE PAYMENT TO THE SIMON PROPERTY GROUP FOR CERTAIN COSTS RELATED TO THE SUNSET DRIVE IMPROVEMENTS PROJECT, AT A COST NOT TO EXCEED $110,000.00, APPROPRIATING THE FUNDING FROM THE STORMWATER USER FEE TRUST FUND CASH CARRYOVER AND CHARGING THE DISBURSEMENT TO " STORMWATER USER FEE -- CONSTRUCTION" ACCOUNT NO. 111 -1730 -541 -6490. WHEREAS, the Simon Property Group was required to construct the Sunset Drive Improvements Project at a cost not to exceed one million dollars, per Specific Condition 5 of Resolution No. 133 -94- 9534, and; WHEREAS, pursuant to City directives, the final project costs exceeded the one million dollar cap, and therefore that overage must be reimbursed by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appropriates $110,000.00 from the Stormwater User Fee Trust Fund cash carryover into the account No. 111- 1730 -541 -6490 to cover the expense of the reimbursement. Section 2. The City Manager is hereby authorized to issue repayment to the Simon property Group for the cost overrun pursuant to a final accounting by City staff. Section 3. This resolution shall become effective immediately after adoption. PASSED AND ADOPTED this 1 lth day of April 2000. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR SIMON PROPERTY GROUT' April 3, 2000 Mr. David Goodin City of South Miami Department of Public Works 4795 S.W. 75`" Avenue South Miami, Florida 33155 Re: Construction Cost Sunset Drive Improvements Dear David, Pursuant to our latest telephone conversation, attached hereto is the information formatted as you requested. Enclosed is the signed and sealed memorandum regarding the drainage cost breakout prepared by OTS. Secondly, enclosed is a clean copy of a complete detailed and annotated summary of additions and deletions of work by the Sunset Drive improvement contractor. If you have any questions or need any additional information, please do hesitate to contact our office. Sincerely, Simon Property Group "Ronald ill Project M nager DATE: December 30, 1998 TO: David Goodin South Miami Public Works CC: Ron Grabill Simon Property Group FROM: Ramon Castella, P.E. REFERENCE: Sunset Drive Improvements C3TS Project No.: 228 -01.01 Via fax: 305 -261 -3791 305- 663 -6619 As requested we have reviewed the project construction costs, and broken out those items related to drainage. The costs are as follows: Catch Basins, Inlets & Drains ........... ............................... $42,767.50 Exfiltration Trench ....................... ............................... $21,000.00 Pipe................................... ............................... ... $14,435.60 Curb & Gutter ........................... $44.428.00 Total: $122,631.10 CAProjeets1228- 011David Goodin Memo .doe CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. 901 Ponce De Leon Boulevard, Suite 900, Coral Gables, Florida 33134 Telephone No.:(305)445 -2900 Facsimile No.:(305)445 -3366 Architects Engineers Planners SIMON PR01'ERTY GROUP De3 mb 13, 1999 Mr. Charles Scurr City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Improvements to Sunset Drive & US1 South Miami, Florida 1 Dear m cu r, We are pleased to submit the final cost documentation related to the design, engineering and construction of the improvements for Sunset Drive and the US1 Intersection. As you are aware, various Resolutions related to the development of The Shops at Sunset Place contained specific requirements for street improvements to be performed by the Developer. Resolution Number 133- 94 -9534 Specific Condition 8 required us to design and construct improvements to Sunset Drive with our costs capped at $1,000,000.00. Resolution Number 134 -94 -9536 Specific Condition 11 required design and construction improvements for a pedestrian crossing at US1 with our cost capped at $50,000.00. During earlier design and before starting construction there were discussions that the final costs would probably exceed the aforementioned capped costs. Shortly after starting the work, it was acknowledged by City staff that the projected total costs for the Sunset Drive improvements would exceed the Developers capped costs, but we were requested to continue with construction of the approved improvements. The City even issued Resolution Number 192 -96 -9946 prioritizing the scope of work for the Sunset Drive improvement in case the City was unable of find ways to cover the projected cost overruns. Further, joint consideration between the Developer and The City was given to combining the construction costs for Sunset Drive and the US1 crossing and any savings from the US1 improvement would be used to offset any Sunset Drive Improvement cost overruns. As requested by the City of South Miami, we now respectfully submit the following summary breakdown of the total and complete design, engineering and construction costs related to the Sunset Drive and the US1 improvements. We have included copies of all invoices and copies of paid checks as incurred by the Developer, Bakery Associates, Ltd., in completing its development requirements. 5780 SUNSFI DRIVE; 11 SOUTH MIAMI. FLORIDA !: 33143 , 305 - 663 -9110 Bermello•Ajamil & Partners: Number 1 Invoices and payments involving Bermello•Ajamil & Partners that were related to the earlier conceptual design and engineering work. This work effort included initial meetings with former City Manager to conceptualize the design. Subsequent work was in response to City directives in the design evolution. $66,512.25 July 10, 1996 Invoice 06030 check number 03030059 $11,923.14 July 18, 1996 Invoice 06016 check number 03030059 $3,800.00 September 26, 1996 Invoice 08815 check number 03030059 $117.33 November 5, 1996 Invoice 10038 check number 03030059 $28,172.58 January 28, 1997 Invoice 12109 check number 03030059 $203.84 check number 03030557 Total Cost To Date: $44,216.89 All of these invoices where paid by check number 03030059, a copy which is attached. Be advised, payments for other work performed by Bermello•Ajamil & Partners were included in this check. Miscellaneous Expenses: The Larson Company November 10, 1997 Invoice 97 -374 The Board of County Commissioners No invoice check number 03030347 $5,936.00 check number 03030818 $1,000.00 Total Cost To Date: $6,936.00 The Larson invoice and payment related to the latex leaf molds for imprinting of leaf prints into the concrete sidewalks as requested by the designers. The Board of County Commissioners payment relates to permit fees for the signalization work. Please note the Bakery Associates, Ltd., is not requesting reimbursement for cost associated with double permitting fees nor fines issued by Dade County against Southeastern Engineering Contractors. Southeastern Engineering Contractors: Summarized below is the payment history for Southeastern Engineering Contractors. Southeastern Engineering Contractors original contract amount was $795,004.85. During the course of the project both additive and deductive change orders were authorized resulting in the gross increase to the original contract of $133,823.68. Also enclosed is a summary prepared by C3TS explaining the various change orders that occurred during the course of the project. Invoice Number 1 check number 03030301 $24,699.83 Invoice Number 2 check number 03030349 $66,512.25 Invoice Number 3 check number 03030390 $78,795.92 Invoice Number 4 check number 03030542 $6,675.21 check number 03030557 $3,081.60 Invoice Number 5 check number 03030626 $12,029.34 Invoice Number 6 check number 03030783 $52,682.03 Invoice Number 7 check number 03030883 $51,690.55 Invoice Number 8 check number 03031005 $108,569.03 Invoice Number 9 check number 03031071 $119,309.94 Invoice Number 10 check number 03031291 $179,572.29 Invoice Number 11 check number 03031676 $134,388.58 Invoice Number 12 check number 03031749 $10,487.43 Invoice Number 13 check number 03031749 $47,138.58 Invoice Number 14 check number 03032428 $33,195.95 Total Cost To date $928,828.53 Corzo, Castella, Carballo, Thompson, Salman (C3TS) Design and engineering professional services, including payments of miscellaneous reimbursables and the cost of a traffic study required by Dade County. Invoice Number 5246 Invoice Number 5336 Invoice Number 5428 Invoice Number 5582 Invoice Number 5540 Invoice Number 5612 Invoice Number 5631 Invoice Number 5703 Invoice Number 5750 Invoice Number 5841 Invoice Number 5954 Invoice Number 5956 Invoice Number 6249 Invoice Number 6532 Invoice Number 6866 Invoice Number 7193 Invoice Number 7194 March 27, 1997 check number 03030113 April 30, 1997 check number 03030155 May 22, 1997 check number 03030172 June 26, 1997 check number 03030228 June 30, 1997 check number 03030313 July 25, 1997 check number 03030243 July 30, 1997 check number 03030313 August 29, 1997 check number 03030300 August 31, 1997 check number 03030313 Sept 30, 1997 check number 03030333 Oct 31, 1997 check number 03030414 Oct 31, 1997 check number 03030414 Jan 31, 1998 check number 03030614 April 30, 1998 check number 03030715 July 31, 1998 check number 03030937 Oct 23, 1998 check number 03031419 Oct 23, 1998 check number 03031306 Total Design and Related Reimbursement Cost Paid: Invoice Number 7295 Nov 30, 1998 check number 03031400 Invoice Number 7433 Dec 31, 1998 check number 03031400 Invoice Number 7700 March 18, 1999 check number 03031400 Additional Construction Administration Cost Paid: Grand Total Paid to C3TS: $19,600.00 $20,691.53 $15,950.00 $39,400.00 $3,500.00 $21,738.58 $10,350.00 $6,167.09 $3,450.00 $332.15 $195.65 $1,312.50 $2,187.50 $875.00 $808.00 $9,666.50 $1,232.00 $157,456.50 $10,995.27 $2,740.00 $3,509.50 $17,244.77 $174,701.27 As you are aware, all of C3TS's Construction Administration costs were funded directly by the City of South Miami with the exception of the last three invoices which the City requested that we pay. Finally, the following is the last outstanding cost item related to the improvement. We have , received a verbal proposal from Concept in Bronze for a sun dial type plaque for the Sunset Drive Improvements. At the request of the City we have released for fabrication of the plaque. Once the final cost is determined we will meet with Public Works to resolve adjusted billings. Projected Cost, including Installation: In Summary, the following are grand total breakdowns: Total Approved Costs Developer's Capped Costs for Sunset Drive Developer's Capped Costs for US1 Intersection Cost to be reimbursed to the Developers $5,000.00 , ? $1,159,682.69 ($1,000,00000 ($50,000.00 Once you have review, please feel free call me with any questions you may have. Sincerely, Bakery Associates, Ltd. R �� I Ro Id Grabill Prod ct Manager Simon Property Group cc: Tom Schneider Aaron Cohen file $109,682.69 City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 July 6, 1998 Mr. Ron Grabill Simon DeBartolo Group 5780 Sunset Drive South Miami, Florida 33143 Re: Sunset Drive Improvements Project Projected Budget Overrun Dear Mr. Grabill: f Completing the project as designed is a priority for the City. Therefore, the City shall reimburse the Simon DeBartolo Group for those stormwater drainage improvement and related street restoration expenses that cause the project to exceed the one million dollar "cap" specified in the development order. The reimbursement however will be limited to a maximum amount of one hundred thousand dollars ($100,000.00) over the specified budget cap. Based upon current projections, this amount should cover the anticipated overrun. Accordingly, please continue the project as designed, and submit the applications for reimbursement at your earliest convenience. Very t ly ours, Charles D. Scurr City Manager cc: Thomas Schneider, Simon DeBartolo Group Fernando J. Rodriguez, Public Works Director David. K. Goodin, Engineering Inspector "City of Pleasant Living" o Engineers Architects Planners November 20, 1998 Simon Property Group 5780 Sunset Drive South Miami, FL 33143 Attention: Ron Grabill Project Manager Reference: Sunset Drive Improvements South Miami, Florida C3TS Project No. 228 -01.03 Dear Mr. Grabill: Enclosed please find a complete, detailed and annotated summary of additions and E60005022 deletions to Southeastern Engineering Contractor's construction contract for this AAC002142 project. I trust this will satisfy Mr. Goodin's request for specific information on who authorized what, and why the project is over budget. As an aside, I would like you to note that the overage amount to be covered by the City of South Miami, which we estimated at $101,415.76 on our November 12th, 1998 letter, will more than likely be less than $100,000. This is because we had not considered the $2,100 back charge to Southeastern for the permit penalty imposed by Bob Janosi, and also the fact that the $15,000 estimated for the rewiring is probably conservative. As you know, the City was well aware of the cost overrun and had agreed on July 6th 1998, via a letter to you from the City Manager, to reimburse you for up to $100,000 for cost overruns above your development commitments. I would like to say that I find it disturbing that Mr. Goodin and /or the City Manager are stating or insinuating that they have no idea how the project construction costs got to where they are. This project has always been a total team effort between the City, the designer, the developer, the merchants, and the public. I realize there have been personnel changes on the City's part as far as the City Manager, and as far as the project representative; first Bill Mackey, then Fernando Rodriguez, and finally David Goodin, but the City was always a full partner in just about every decision made, with the possible exception of minor field changes handled on the spot, and normal to any construction project. They were given copies of all change orders to review and to comment on prior to execution. I would also like to say that, given the fast -track nature of this project imposed by the limited timeframe given to work with, and the nature of this or any urban reconstruction project, I believe the cost overrun, which is attributable as follows, is not unusual in the least: 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Equal Opportunity Employer Mr. Ron Grabill November 20, 1998 Page 2 Approximately 70% Attributable to conditions imposed by M -DCPW and FDOT after Southeastern's construction contract was negotiated and executed. Approximately 15% Attributable to changes requested by the City after Southeastern's construction contract was negotiated and executed. Approximately 15% Attributable to changes made in the field during construction. In order to clarify exactly what I mean by fast -track and by limited timeframe, I will let the following listing of key dates and events leading up to the beginning of construction speak for themselves: March 6, 1997: C3TS began the conceptual design of the project. Bill Mackey stated that he wanted to try to complete the construction by the end of October 1997. April 29, 1997: C3TS made presentation to ERPB and Planning Board and gained preliminary approval for the project. It was decided that, given the timeframe, the construction could not be completed by October 1997, but that at least a first phase could be constructed by that time.- The construction cost estimate (excluding design and construction administration fees) submitted by C3TS to ERPB was $1,082,000. April 30, 1997 C3TS began final design and permitting of the project. May 6, 1997 C3TS made presentation to City Commission who unanimously endorsed the project. Late May 1997: Five contractors were invited to bid on the project. They were told that they would need to provide preliminary bids at several stages during the design. Four accepted. July 22, 1997: Southeastern Engineering Contractors was selected as the Contractor. August 12, 1997: Preconstruction meeting was held. August 25, 1997: Construction began. Mr. Ron Grabill November 20,1998 Page 3 August 28, 1997: Agreement as to roadway geometry and configuration was reached between South Miami and Miami -Dade County Public Works. The City agreed to submit final plans based on the agreed upon geometry to M -DCPW for permit approval. September 15, 1997: Agreement was reached between South Miami and FDOT as to roadway geometry and configuration. South Miami agreed to submit final plans to FDOT for permit approval. Since day one, we were well aware of the $1,000,000 cap on the Simon Property Group development commitment to this project, and we also made it abundantly clear to the City that we did not expect the project costs would be kept under $1,000,000. As previously stated at the April 29th, 1997 ERPB meeting, our estimate for construction cost alone was $1,082,000. For the record, the final construction costs, excluding design and construction administration fees, will be less than $950,000. Should you have any questions or comments, feel free to contact our office. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E. 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C � N � r" �o U CL 0) o Co d a � m O E U fn .c a N d cu a� o = U E E F- 8 r� Sunset Drive Improvements (From US -1 to S.W. 57th Avenue) C3TS Project No.: 228 -01.03 SUPPLEMENTAL ITEM ANNOTATION (Accompanies summary of ADDS & DELETES dated 11 /20/98) CO1 -1 Relocated MDCPW street light conduit which conflicted with proposed construction between 58th Avenue and 57th Court, and installed ground rod in existing pull box. Note: Only during construction did it became apparent that the existing MDCPW street lighting conduit had only approximately 2° to 3" of cover instead of 36" which is the MDCPW standard, and was actually in the asphalt of the road. Many portions of this conduit had to be relocated throughout the project, and subsequent costs for this type of relocation are to follow. All of this work was done at the direction of MDCPW. CO1 -2 Originally approved location of electrical panel was changed, therefore service and subfeeder conduits had to be rerouted to the new location. - This was decided at 9/30/97 project team meeting. CO1 -3 During demolition, a private water service line from the Lanes building was found embedded in the old sidewalk. After consultation with owner and Bill Mackey, it was decided to replace the line. Note: This is not a MDWASD service line, but one coming from the building. CO1 -4 and CO1 -6 At 10/7/98 project team meeting, Ron Stroyne and Bill Mackey expressed concern about narrowness of previously approved and already poured sidewalk at Sta. 165 +20 ±, and asked that it be reconstructed to allow for better pedestrian movement. CO1 -5 Bill Mackey in consultation with Red /Sunset Merchants asked that provision be made for a future Gazebo at Sta. 166 ±. CO1 -7 A catch basin and pipe had to be added at the southeast corner of Sunset and SW 57th Court to properly drain a low spot on the curb and gutter which was not accounted for during design. CO1 -8 Water meter boxes for replacement of those demolished during reconstruction of sidewalk on first two blocks could not be obtained from MDWASD in a timely manner, and Contractor had to purchase these. Note: Subsequent replacement water meter boxes for the rest of the project were provided by Miami -Dade Water and Sewer at no charge. CO1 -9 This was a value engineering alternative. In consultation with the concrete sub- contractor, it was decided to thicken bands around the existing trees for enhanced durability. Sunset Drive Improvements Supplemental Item Annotation Page 2 C01 -10 thru C01 -13 Various extraordinary measures were taken to secure the site during the three to four month shutdown period between Phase I and Phase II of the construction. Project team meeting 10/14/98. C01 -14 During permit approval process through Miami -Dade County Public Works, they insisted that the two mid- block crosswalks between US -1 and 58th Avenue be deleted from the project. C01 -15 Contingency which was included in the original construction bid for an undefined entrance feature at US -1 was deleted by Bill Mackey. CO2 -1, CO2 -3 & CO2 -4 During permit approval process through Miami -Dade County Public Works, they insisted on a new signal interconnect system from one end of the job to the other, and pedestrian signal modification throughout, as well as additional resurfacing, pavement markings and signage east of Red Road. This was not anticipated, and was not included in the original bid. CO2 -2 At the request of Bill Mackey, after consultation with merchants, the decorative lights were reconsidered by ERPB, in October and December 1997, and the originally approved decorative lights were changed to a more expensive fixture and pole. Also, the electrical service point was changed from a multi -panel configuration to a custom single panel enclosure, this was decided at 9/30/97 project team meeting. CO2 -5 Bill Mackey, after consultation with merchants, requested that two additional bicycle Cycloops be added between SW 57th Court and 57th Avenue. CO2 -6 At the request of Bill Mackey, after consultation with merchants, the benches were reconsidered by ERPB, in October and December 1997, and the originally approved benches were changed to a more expensive model. CO2 -7 & CO2 -8 See annotation for item C01 -1. CO2 -9 thru CO2 -11 and CO2 -20 thru CO2 -23 During construction, a buried Bellsouth line, thought to be an active line during design, was found to be abandoned. The drainage system was redesigned resulting in a net savings of $2,828. CO2 -12 During construction, an unrecorded, abandoned and previously unknown slab covered trench on Sunset Drive, near SW 591h Ave., was uncovered. It was in conflict with new construction and was partially removed and backfilled. Sunset Drive Improvements Supplemental Item Annotation Page 3 CO2 -13 During construction, the connection for structure S -23 as originally planned, was found to be in conflict with fire hydrant main, drainage pipe had to be connected directly to slab covered trench. CO2 -14 After consultation with merchants, City of South Miami decided to extend the original 3 to 4 month shutdown period, between Phase I and II, to 6 months. The Contractor was compensated for extended general conditions and delay. CO2 -15, CO2 -16 and CO2 -18 This is a bookkeeping item. The first two items were to compensate the Contractor for a portion of the signal interconnect conduit which was installed prior to issuance of DCPW permit, and prior to establishment of the Lump Sum for all the interconnect (Item CO2 -1). Item CO2 -18 is a deletion in the same amount of CO2 -15 and CO2 -16, since the $5,755 is already included in CO2 -1. CO2 -17 This was the deletion of the original signal items included in the bid. These were completely superseded by CO2 -1. CO2 -19 During FDOT permitting process, they insisted on a 100' long second westbound thru lane at the approach to US -1. This redesign caused the elimination of 4 trees and tree grates. CO2 -24 During construction, the planned simple connection at structure S -23 was replaced by item CO2 -13. CO3 -1 During construction, a previously unknown and unrecorded concrete slab was uncovered. It was in conflict with new construction and had to be removed. CO3 -2 & CO3 -3 See annotation for item C01 -1. CO3 -4 & CO3 -5 During construction, the exfiltration trench between structure S -13 and S -14 was found to be in conflict with existing fire hydrant line, the trench was reoriented which required minor modifications to the drainage structures. CO3 -6 Miami -Dade Water and Sewer inspectors required a gate valve and tie rod replacement for a fire hydrant, which was not required when MDWASD permit was approved. CO3 -7 See annotation for item C01 -9. CO3 -8 See annotation for item CO3 -1. Sunset Drive Improvements Supplemental Item Annotation Page 4 AW -1 & AW -2 See annotation for item CO1 -1. AW -3 During Miami -Dade Water & Sewer permitting, they insisted that the fire hydrant at SW 57th Court and Sunset be relocated. This was not originally anticipated, and was not included in the original bid. AW-4 See annotation for item CO1 -1. AW -5 Risers had to be added to relocated fire hydrants on Sunset between 58th Avenue and 57th Avenue in order to adjust to new sidewalk grade in that area. AW -6 See annotation for item CO3 -1. AW -7 This was a value engineering alternative. Three of the existing roof drains, which previously drained directly onto existing sidewalk, were run out to the curb for enhanced aesthetics. Team meeting Sept. 3, 1998. AW -8 and AW -9 See annotation for C01 -1. AW -10 See annotation for CO1 -9. AW -11 A concrete pad under the relocated electrical service panel was added as an aesthetic enhancement. Team meeting Sept. 23, 1998. AW -12 This was a value engineering alternative. In order to enhance the service life of the concrete crosswalks, the depth was increased from 8" to 9 ". Team meeting Sept. 16, 1998. AW -13 During the FDOT permitting process, they insisted that the concrete crosswalk across Sunset at USA which is within their right -of -way, be constructed 12" deep in lieu of 6 ", and with rebar reinforcing steel in lieu of welded wire mesh. AW -14 This was a value engineering alternative. The two irrigation controllers were changed from originally approved above ground AC electric model to an underground battery powered model. Team meeting Sept. 23, 1998. AW -15 The City of South Miami decided that to simply restripe the existing crosswalk across US -1 would satisfy Simon Property Group's development requirement for the $50,000 pedestrian crosswalk across US -1. The crosswalk restriping was charged to the Sunset Drive project, and the $42,125 balance from the pedestrian crosswalk commitment was rolled into the $1,000,000 Sunset Drive funding. AW -16 Small portion of sidewalk was added at southwest corner of Sunset and 58`h Avenue, as required by MDTA for better access at the bus stop at that location. r, 1 t Sunset Drive improvements Supplemental Item Annotation Page 5 AW -17 During the DCPW and FDOT permitting process, they both insisted that the concrete traffic separator at the approach to US -1 be reinstated. This was not originally anticipated, and was not included in the original bid. AW -18, AW -19, AW -23, AW -24, AW -25, AW -26, And AW -28 These landscaping related items were for modifications to the originally proposed and approved landscaping due to specific merchants concerns. These were discussed and agreed to during October 14, 1998 meeting. AW -20 These signs were added to address specific merchant and public concerns that vehicular traffic was not yielding to pedestrian traffic at the crosswalk across Sunset Drive at SW 58th Court. AW -21 MDWASD did not have a certain large replacement water meter box in stock. Contractor had to purchase two such boxes. AW -22 This sidewalk reconstruction was required due to the installation of signal interconnect pullboxes on east side of Red Road and Sunset. The cost of this work was not accounted for in CO2 -1. AW -27 South Miami requested that additional trash cans be installed along Sunset Drive. David Goodin memorandum 10/21/98. AW -29 At substantial completion, South Miami requested a commemoration project plaque and sundial. David Goodin memorandum 11/10/98. AW -30 Miami -Dade County Public Works required that, since the wiring for the existing roadway lighting had been damaged and patched up during the construction, the corridor be re -wired to current County Standards. CAprojects\228 -01 \SupplternAn notation. doc cgsaa— w - Lpg-t Itfl an agar PICALL miamor iiical Canner =tee a a e €An. IV. v- -ay l l.il Aiiu.s ornin Ssidu1m l� SLSg 'LIVILMaS sij a tea. zis -4. S" via X # u-S sue hudie -i }� �y,'p3, 3�.F Li Clsad8i3J,,- Cc 0014cfIL0 /V0