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01-19-99.......................... .......................... MAYOR: Julio Robaina CITY MANAGER: Charles D. Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: January 19, 1999 6130 Sunset Drive, South Miami., FL Next Regular Meeting date: February 2, 1999 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLORIDA 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. 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. Invocation: B. Pledge of Allegiance: C. Presentation(s): 1. Employee of the Month ITEMS FOR THE COMMISSION'S CONSIDERATION: 2. Approval of Minutes: Regular City Commission Minutes - January 5, 1999 3. City Manager's Report: 4. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - January 19, 1999 CONSENT AGENDA 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,796 TO DICTAPHONE FOR THE ANNUAL MAINTENANCE CONTRACT. THIS SUM WILL BE CHARGED TO 1910- 521 -4630 (MAINTENANCE/REPAIR- COMMUNICATIONS EQUIPMENT) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Deferred from 11/3/98; 12/1/98, 12/15/98 and 1/5/99) 4/5 RESOLUTION (S) HEARING There are none RESOLUTION (S) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; ESTABLISHING AN AD -HOC CAMPAIGN REFORM COMMITTEE; PROVIDING FOR APPOINTMENT TERM OF OFFICE; DUTIES; AND PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Feliu) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING GUIDELINES FOR RECOMMENDATIONS FROM THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND ADVISORY BOARD REGARDING MATTERS AFFECTING THE COMMUNITY REDEVELOPMENT AREA. (Mayor Robaina) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TROLLEY SERVICE WITH HEALTH TRANS, INC. WITH DISBURSEMENT FROM ACCOUNT #610 -1120- 554 -4420, "CRA RENTAL /LEASE VEHICLE" (Vice Mayor Oliveros) 3/5 REGULAR CITY COMMISSION 2 AGENDA — January 19, 1999 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY FOR TROLLEY SERVICES IN THE CITY'S REDEVELOPMENT AREA. (Mayor /Commission) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $34,000.00 TO DELL COMPUTER CORPORATION FOR THE PURCHASE OF ONE FILESAVER, FOUR SPECIALTY COMPUTERS, AND EIGHT DESK TOP COMPUTERS, AND CHARGE THE FUNDS TO ACCOUNT NUMBER 615- 1910- 521 -6430, FEDERAL FORFEITURE FUNDS. (Mayor Robaina) 3/5 ORDINANCE (S) FIRST READING 12. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 18 -98 -1666 WHICH CREATED A COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD BY AMENDING THE PROVISIONS REGARDING MEMBERSHIP; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. (Mayor /Commission) 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION". PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 3 AGENDA — January 19, 1999 SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: Jan. 12, 1999 RE: Agenda Item Comm.Mtg. Jan.19,1999 Payment to Dictaphone - Annual Maintenance Contract Attached is a resolution providing for the renewal of the annual maintenance contract to Dictaphone for the emergency playback utilized in Communications at the South Miami Police Department. This recorder device allows the Communications Officers high speed playback ability of the last call received on the telephones. This is especially necessary for emergency calls in which the address or other pertinent .information may not have been clear to the Communications Officer. Payment for this annual maintenance contrF $2,796 will be taken from account Maintenance /Repair - Communications Equipment. Balance in this Account This Item Balance Your concurrence is requested. EY19 Lct in the amount of no. 1910 - 521 - 4630, $15,364 2,796 $12,568 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY MAN- AGER TO DISBURSE THE SUM OF $2,796 TO DICTAPHONE FOR THE ANNUAL MAINTENANCE CONTRACT. THIS SUM WILL BE CHARGED TO 1910- 521 -4630 (MAINTENANCE/REPAIR-COMMUNI- CATIONS EQUIPMENT) WHEREAS, Dictaphone provides the annual service contract for the Dictaphone Emergency Playback utilized in Communications at the South Miami Police Department, and; WHEREAS, the emergency playback unit is a recorder device which allows the Communications Officers one touch, high speed playback ability of the last call received on the telephones. This is especially necessary for emergency calls in which the address may not have been clear to the Communications Officer, or other pertinent information. NOW, THEREFORE, be it resolved by the Mayor and City Commission of the City of South Miami, Florida: Section 1: The City Manager be, and hereby is authorized to disburse the sum of $2,796 to Dictaphone for the renewal of the annual maintenance contract. That the disbursement be charged to 1910 - 521 -4630 (Maintenance /Repair - Communications Equipment). Section 2: That this resolution be effective immediately after the adoption hereof. PASSED AND ADOPTED THIS DAY OF ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR 1999. NOTE: TO INSURE PROPER PROCESSING OF YOUR PAYMENT PLEASE RETURN REMITTANCE STUB TO: TERMS Dictaphone 01/01/99 ON RECEIPT P226457 OUR ORDER NUMBER AND DATE RENEWAL 02/01P . O . BOX $ 512 0 LOUISVILLE, KY 40285 -5120 L)EPARTMENT DEPT G NUMBER MACHINES SAAfff ' CITY OF S MIAMI LOCATED REQUISITION NUMBER 6130 SUNSET DR AT S MIAMI F L 33143-5040 QUANTITY AND Q'11ALRY RECEIVED AS BILL Lj--A CUSTOMER P.O. NUMBER LOCATION EMP. NO. 3200 CUSTOM913 NUMBER 25492107 -000 COVERAGE 8 XATE LMPM YIM1IL TERM 12 MO r 9-- EFF DA7 02 � QUANTITY DESCRIPTION MODEL /PART NUM8 E1� SE SERIAL NO. M T H S ANN. AMOUNT FREE RATE 1 `10 MIN DIGITAL REC /REP _5911 986406 464.00 4b4.00 1 DUAL DRIVE 8 CHANNEL 9807 107590 2,183.00 2,183.00 1 DESKTOP CONTROL CONSOLE 183006 000001 86.00 86.00 1 INT STAND BY POWER 420690 000001 63.00 63.00 TOTAL MAINTENANCE COST 2,796.00 THE ABOVE EQUIPMENT IS COVERED BY DICTAPHONE'S STANDARD COVERAGE MAINTENANCE CONTRACT FEDERAL EMPLOYER IOENTIFICATION NuMRI =R na- nao�a�� rr[ ncncor Leniin MAI lhtSt bUUUS WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF AMOUNT DUE 2,796.00 SECTIONS 6,7, AND 12 OF THE FAIR LABOR STANDARDS ACT, AS AMENDED, AND OF REGULATIONS AND ORDER OF THE UNITED T T D TM N F LA R I S ED ER T 14 T ERE ' ��U—�6— �a80— �61f -6� -6T 8i— pT- 6000OOSTRS -2 — 1— N- 35- 0.0- 01 —R00— —08 B220 REY 050585 To Insure Proper Credit, Please Return Remittance Stub With Your Check DETACH ♦ V V HERE P226457 254- 9221 -07 2,796.00 DiMphone REMITTANCE STU = 16226457002549221070027960000 LATE CHARGES ARE 1 PERCENT ON CITY OF S MIAMI BALANCES OVER 30 DAYS. REFER POLICE DEPT QUESTIONS TO OUR LOCAL OFFICE AT 6130 SUNSET DR 1 -800- 228 -1210 S MIAMI FL 33143 customer: To Insure Proper Credit, Please MAIL ALL OTHER CORRESPONDENCE TO Return This Stub With Your Check To: DICTAPHONE CORPORATION DICTAPHONE CORPORATION P.O. BOX 85120 ATTN: CREDIT DEPT. LOUISVILLE, KY 40285 -5120 3191 BROADBRIDGE AVE. STRATFORD, CT 06497 -2559 t f CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: January 14, 1999 Agenda Item # From: Charles D. Scurr Re: Comm. Mtg. 01/19/99 City Manager Community Service Overlay REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE IN ORDER TO INCLUDE THOSE PROPERTIES LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On February 18, 1997, after input from the community, the Mayor & City Commission created the Community Service Overlay District in order to provide for the special needs of community- based service providers. Specifically, the district was created to permit parking lot improvements, out - parcel development, day care center facilities and building additions for those properties under the sole ownership of community -based service providers, such as churches, mosques, synagogues, and temples. On April 13, 1998, Pastor Emanuel Whipple of Mount Nebo Missionary Baptist Church submitted a letter to the Planning & Zoning Department, requesting the City's review of development plans for the church's property. The development plans included properties which the church had purchased on February 2, 1998, from Miami -Dade County in order to provide an educational facility for at -risk students. The properties are not in the Community Service Overlay District and are currently zoned single family residential. The single - family residential zoning district does not permit the church's proposed use. The proposed ordinance would amend the Community Service Overlay District to include the subject properties, allowing the subject properties to be developed pursuant to Section 20 -9 of the Land Development Code. As a result, the Church's request to locate a school facility on the premises could be approved pursuant to the special use process. On August 11, 1998, the Planning Board deferred review of the proposed ordinance in order to allow Mount Nebo Church the opportunity to submit a site plan and other information, which would better identify the anticipated development of the subject property. The attached letter of intent explains that the proposed facility would be used for continuing the education of "at -risk children." The classes would accommodate an estimated 75 children, and various activities would operate between 7:30 a.m. to 9:00 p.m. Overall, the proposal would provide valuable services to the community and substantially improve vacant property; however, it also presents two very important potential impacts to consider: (1) The surrounding area is largely single family residential. The proposed school facility would most likely generate more traffic and noise than single family residences. (2) This request to expand the district is probably the first of several, as there are several other properties in the area owned by community churches. The approval of this request may serve as a precedent to future applicants, thereby, allowing the area to accommodate more intensive permitted and special uses, such as churches, day care centers, aclf's, counseling services, funeral homes, and schools, rather than the single family homes for which the underlying zoning is intended. This shift in use is not necessarily negative; in fact, it could be a positive development for the community. But, it is essential that the decision to approve or disapprove be a conscious one. In addition to the above potential impacts, it is important to note that (1) if a non - church were to buy the subject properties, the subject properties could only be used as single - family residential properties; (2) the proposed school use and any other "intensive" use, which requests to be located in the District, would require special use approval; and (3) the Church has proposed to utilize a "modular" building, which may or may not be compatible with City standards, however, that aspect of the application will be considered as part of the special use application and permitting process —not as part of this ordinance to amend the zoning district. On October 13, 1998, the Planning Board voted 6 -0 to recommend approval of the application. The item has been deferred since November 3, 1998, in order to enable the City Commission and the CRA Board to determine the CRA Board's role in the legislation of such matters. RECOMMENDATION: Approval. Attachments: Proposed Ordinance Exhibit A Exhibit B County Deed Letter from Pastor Emanuel Whipple, dated April 1, 1998 Letter from Pastor Emanuel Whipple, dated September 14, 1998 Site plan Minutes from 8/11/98 Planning Board Meeting Minutes from 10/13/98 Planning Board Meeting 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT 6 OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE TO INCLUDE 7 THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE 8 COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, in July of 1994, the community gathered together to 14 set forth a plan for the Charrette Too Study Area; and, 15 16 WHEREAS, the existing semi - public, community -based service 17 provider facilities, such as churches, mosques, synagogues and 18 temples, were addressed in the Charrette Too Study as follows: 19 20 Public buildings are instrumental in creating civic pride. The 21 public buildings of the community (and their grounds) should be 22 welcoming, confident, and well- maintained. The architectural 23 design and siting needs to reflect their permanence and importance 24 to the community.... Civic building sites should be permanently 25 designated, not considered "non- conforming uses.,, For example, 26 churches should be treated by the regulations as permanent,public 27 institutions. 28 and; 29 30 WHEREAS, on February 18, 1997, the Mayor and City Commission 31 voted to create a Community Service Overlay District in order to 32 permit parking lots, out parcels, day care centers and additions 33 on those properties under the sole ownership of community -based 34 service providers, such as churches, mosques, synagogues or 35 temples; and, 36 37 WHEREAS, on February 2, 1998, Mount Nebo Church, a 38 community -based service provider, attained additional properties 39 within the Charrette Too Study Area and "RS -4," "Single Family 40 Residential" zoning district from Miami -Dade County, which are 41 legally described as follows: 42 43 East 50 feet of West 200 feet of North 105.50 feet of East lZ of 44 Northwest % of Southeast % Less Streets, Section 25- 54 -40, Dade 45 County, Florida; and, 46 47 East 50 feet of West 150 feet of North 105.50 feet of East % of Community Services Overlay Ordinance: 2 nd Reading January 19, 1999 1 1 Northwest % of Southeast % Less Streets, Section 25- 54 -40, Dade 2 County, Florida; and, 3 4 East 50 feet of West 100 feet of North 105.50 feet of East % of 5 Northwest % of Southeast % Less Streets, Section 25- 54 -40, Dade 6 County, Florida; and, 7 8 West 50 feet of North 105.50 feet of East % of Northwest % of 9 Southeast % Less Streets, Section 25- 54 -40, Dade County, Florida; 10 and, 11 12 WHEREAS, Mount Nebo Church attained said properties in order 13 to provide additional community- oriented services to the 14 community; and, 15 16 WHEREAS, On October 13, 1998, the Planning Board voted 6 -0 17 to recommend approval of the ordinance; and, 18 19 WHEREAS, the Mayor and City Commission find that it is in 20 the public interest to include said properties in the Community 21 Service Overlay District in order to allow Mount Nebo Church to 22 provide additional services to the surrounding community. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 25 OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. Section 20 -9.3, entitled "Boundaries," is amended 28 to include the subject properties, as set forth in "Exhibit A," 29 which is attached hereto. 30 31 Section 2. Figure 20 -9.1 is amended to include the subject 32 properties, as depicted in "Exhibit B," which is attached hereto. 33 34 Section 3. If any section, clause, sentence, or phrase of 35 this ordinance is for any reason held invalid or unconstitutional 36 by a court of competent jurisdiction, the holding shall not 37 affect the validity of the remaining portions of this ordinance. 38 39 Section 4. In the event of any conflict between this 40 ordinance and prior ordinances or resolutions, this ordinance 41 shall govern. 42 43 Section 5. This ordinance shall take effect immediately at 44 the time of its passage. 45 46 Community Services Overlay Ordinance: 2nd Reading January 19, 1999 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 PASSED AND ADOPTED this 19th day of January, 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: (,. *. c:\ ... \ ldc \ C2- Overlay -Ord Amendment.doc Community Services Overlay Ordinance: 2nd Reading January 19, 1999 3 Exhibit A 20 -9.3 Boundaries The properties in the Community Service [CS] overlay zoning district are indicated as darkened areas in Figure 20 -9.1 (see attached) and are legally described as follows: Lots 7, 8 and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded in Plat Book 13 at Page 2 of the Public Records of Dade County, Florida; and, Lots 31, 32 and 33 of Block 5, Lots 34, 35 and 36 of Block 6, and the alley lying between Lots 34 and 35, Lot 40, less the west 15 feet thereof, Lots 41, 42, 43, 44, 45 and 46 of Block 7, and 4 feet of the alley lying south and adjacent to Lot 46, Lots 70 and 71 of Block 12, and Lot 87 of Block 15 and T/_� feet of the alley lying west and adjacent to Lot 87, less roadway dedications, FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 35 of the Public Records of Dade County, Florida; and, Lots 1, 2, 3, 4, 5 , 6, 9, 10, 11, 12, 13, 25, and 26, RE- SUBDIVISION OF TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 4 at Page 1 of the Public Records of Dade County, Florida; and, Lots 12, 13 and 14 of Block 2, TOWNSITE OF LARKINS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County, Florida; and, the North %z of Lot 5, Lots 6, 7, 8, 9, 10, 11, 12 and 13 of Block 2, and Lot 4 of Block 4, less roadway dedications, AMENDED PLAT OF HAMLET, according to the plat thereof, as recorded in Plat Book 4 at Page 48 of the Public Records of Dade County, Florida; and, East 50 feet of West 200 feet o� North 105.50 feet of East % of Northwest'/ of Southeast'/ Less Streets, Section 25-54-40, Dade County, Florida; and, East 50 feet of West 150 feet of North 105.50 feet of East' /_� o Northwest '/ of Southeast % Less Streets, Section 25- 54 -40, Dade County, Florida: and, East 50, eet o� d f. Exhibit B WMAM"Wil 00 �0 Iowa OWN II109 611 911 I SW on FIGURE 20-9.1 .1 REt: I l�1 COUNTY DEED THIS DEED, made this 2nd day of, County ,Florida (fWa Metropolitan Dade County , of Florida, called "COUNTY" and DESTINY HUMAN S.W. 64 Street, South Miami, Florida 33134, hereinafter WITNESS: That the COUNTY for and in considi (S 10.00), to it in hand paid by the DEVELOPER, receipt granted, bargained and sold to the DEVELOPER, its heirs reentry set forward below, the land lying and being in See Exhibit "A" Legal Description VZR048724 199E FEB 02 15:` , 1998, by Miami- Dade a political subdivision of the State WICES CORPORATION, of 6075 i [led "DEVELOI ER ". tion of the sum of TEN DOLLARS which is hereby. acknowledged has nd its assigns, si abject to the right of County, Florida O K -STP E O.00 SURTX 0.0 HARVEY IJUVIN, CLERK DADE COUNTY► F Hereto' i This Deed conveys only the interests of Dade County and i s Board of Coun- Commisioners in the property described herein, and not warrant title thereto I . This Conveyance is made subject to the land, and setting forth the right of reentry , A. Developer will commence work on "Improvements'l, as outlined and herein, and complete such i "A„ covenants funning with the wit: i Project Improvements (the .ribed in Schedule "A "attached -nts in accordance with Schedule I (44 014 AEC. 1 f B. Promptly after completion of Improvements in accordance with approved plans and provisions of this Instrument, thr. County shall furnish the Developer an appropriate Ins}rument certifying to the satisfactory completion of the Improvements. j Such certiftcaticn shall be in a form recordable in the Office of the Florida. of the Circuit Ct,urt of Dade County, C. The Developer agrees for itself, it successors and assigns, to or of the Property or any part thereof that 1 he Developer an I such successors or assigns shall: Not discriminate upon the asis of race, cv.lor, religion, sex or national origin in the sate, le se or rental or in the use or occupancy of the property or any Im =vements erected or to be erected hereon or on any part thereo and this covens zt shall be binding to the fullest extent permitted b law and equity, for the benefit and in favor of, and enforceable by a County, its su Messors and assigns, and any successor in interes to the property, or any part thereof The County shall have the ri ght in the event >f any breach of any such covenants, to exercise all the rights acid remedies; and to maintain any actions or suit at law or in equity or other proper proceedings to enforce the c uring of such breach of covenant, to which it or any other entitled. 2 of such covenant may be i : RCC D. The Developer (or Successor in I assessments on the property or any not suffer any levy or mechanic's lien, or any except: t), shall pay the real estate taxes or thereof when: due. Developer shall to be made, or any matenal or i encumbrant; or lien to attach, 1 a) Any mortgage(s) in favor of any institutional lender for the se of financing an h costs or soft `costs relating to the P� g Y � 6 construction of the Improve cats in an amt unt(s) not to exceed �1 the value of the Improveme s as determined l ly an appraiser; and b) Any mortgage(s) in favor a F any institutional lender refinancing ,I any mortgage of the icharacu r described in clituse (a) hereof; in as amount(s) not to exceed he value of tii Improvements as determined by an appraiser. C) The recordation, together w th any mortgag!l purporting to meet the requirements of clauses ( ) or (b) above, of i a statement of value :l by a Member of American Institute of Reif Estate Appraisers ("MAI "), (or member of an similar or successor organization), stating the value of the Impi ovements is egd4 to or greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage Bets such requis�ments, and that the right of any reentry: hercundi r shall be subici to and limited by, and shall not defeat, render i aiid, or limit in `,any way, the lien of such mortgage. For purpost s of this pamgrt�ph an "institutional I 3 oFF.1 7965E 1 lender " shall mean y bank, savings and loan association, insurance company, J estate or mortgage Federal National States Government or E. Developer shall not transfer the consent of the County and shall of the stock of the Developer or in control of the Developer or the ion or oche r charitable entity, real vestment trust pension funds, the ge Association agency of the United ter governmental agency. operty or any part thereof without i change the owt &rship or distribution i respect to the identity of the parties thereof. In the event the Developer shall violate or otherwise fail t comply with an i of the covenants set forth herein or Schedule 'A" attached herein, the eveloper shall correct or cure the default/violation within thirty (30) days of notificatio Developer fails to remedy the default within thirty (30) 4 reenter and take possession of the property and to termin conveyed by this Deed to the Developer, provided, that a subjected to and limited by, and shall not defeat, render any valid mortgage or Deed or Trust permitted by this De of the default by the County. if rs, the County shall have the right to (and revest in t le County) the estate such right to re':ntry shall always be valid, or limit it' any way the lien of RCV. 1 1 v%1,AVtl 1 T ri WITNESS WHEREOF, the said County has caul d thcsc presents to be executed in its ,I name by its Board of County Commissioners acting tIxough the Mays Y, the day and year ,i aforesaid. I G o,v� r JS /O • s 39 O of J ATTEST: Harvey Ruvin, Clerk of Circuit Court By Clerk Signature By: 4do?V-jQ Deputy Clerk Printed Signature Stephen P. Clark Center 111 N.W. 1 st Street, Suite 210 Miami, Florida 33128 Dade Countyj Florida By its Board f County Comm r Mayor ; 410", dt P�.•t tots Printed Si urc of Mayor Stephen P. C1 3rk Center 111 N.W. Ist Street, 17th Floor Miami. Florida 33128 ! it Prepared by: Sidney Beekom Dade County Office of Community and Economic Development 140 West FIagler Street, Suite 1100 Miami, Florida 33130 5 REC . 17965K 1866 AEC ACKNOWLEDGMENT OF ADMINISTRATOR, EXE GUARDIAN OR ANY PERS IN A REPRESENTATIVE C, STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged &/f:n c. "d-q &JU'A o u or who has produced did (did not) take an oath. ACTING 'ACITY me this 4, cam, L Q qr, by who is personally known to me as identif cation and who r� Signs icr of Person Taking cknowiedgment Name Printc d or Typed TAIc or Rank Serial N WITNESS, my hand and official seal. this i i Of A.D., 19 qt Notary Public, State tir Flori t Large 1" ".; --TH F. GULDs rRAND i Printed Signature of Notary i XjjjNH F Guua+ My Commission expires MEMO pt1 MSi'PTEO coat M I 6 Off. I�� REC. Schedule "A" I. PARKING Lt 11. EDUCATION AND SENIOR I. Parking Lot A parking lot shall be developed in accordance w Construction Regulations. Construction of iaq drainage, lighting and fencing shall begin within and be completed within six (6) months from the The parking lot shall be developed on the E=el 1_1-t Lots 66 and 67, in Block 11, FRAI Plat Book 5, at Page 20, Dade County, Florida. Folio No. 09- 4025 -010.0660 P=Cj 11 -2. Lot 68, in Block 1 I and 7.50 feet R- 92- 1515. FRANKLIN SUBDIVISION, as County. Florida. Folio No. 04- 4025 -010.0670 Parcel 14 -11 -01. Lot 69, Block 12 and 7.50 feet Per R- 92.1515, FRANKLIN SUBDMSION, as Dade County, Florida. Folio No. 09- 4025 -010.0680 - 6051 S.W. 64 S1 U. Ed moral and Senior Citizen Facilities The Educational Facility will offer such programs Program, a Youth Alternative Program for at -ri from local schools, but would like to continue �ouaseling. The Senior Citizen Program will provide daily hot etc. The design and construction of the facilities shall from date of this Deed and be completed within construction. The improvements shall be upon the Page 1 of 2 Schedule "A" Irn= FACELITItS the C' uY of Souih Miami Building an d vements consist 4 of asphalt paving, ze (3) months f-om date of this Deed xt of construction. described propq y: iI IN SUHDMSIi�N, as recorded in Lying West am� Adjacent Closed Per Eed in Plat Book at Page 20, Dade i ey, Lying East mid Adjacent Closed corded in Plat B,iok 5, at Pago 20, et as child care, an' After- School Tutorial k students who � 6ve been suspended academic studidi, as well as r+axive i heals, recreationt� activities. adult cart, i i� begin within twi:nty -four (24) months hirtysix (36) months from the start of following property: ri�il Fichibit e, • if P Lots 66 and 67, in Block 11, FRANKLIN SUBDIVISIO 20, Dade County, Florida. Folio No. 09- 4025 -010 -0660 1 S yV 1, as recorded in , -1lat Book 5, at Page 600 . . 64 Street i Mill_2 i Lot 68, in Block 11 and 7.50 feat Alley, Lying West and jaceat Closed Pc r R -9Z -ISIS, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Page 20, Dade County, Florida. i Folio No. 09-4025 -010 -0670 rumen,-A,, 1 Legal Description East 50 feet of West 200 feet o f North 105.50 feet of East Southeast 'k Less Streets, Section 25- 54-40, Dade County] Folio No. 094025 -000 -0790 6048 S.W. 64 Street y4 of Northwest 1 l,4 of Northwest' /, of Florida. East 50 feet of West 150 feet of North 105.50 feet of East of Northwest of Northwest 1/a of Southeast % Less Streets, Section 25.54 -40, Dsde County Florida Folio No. 09 -4025- 000 -0720 East 50 feet of West 100 feet of North 105.50 feet of i Southeast W Section 25- 54-40, Dade County, Florida Folio No. 09- 4025-000 -0900 West 50 feet of North 105.50 feet of East Sri of Section 25- 54-40, Dade County, Florida. Folio No. 09 -4025- 000 -0700 6096 S.W. 64 Street Lot 69, in Block 12 and 7.50 foot Alley, Lying East and FRANKLIN SUBDIVISION, as recorded in Plat Book Folio 09-4025 -010 -0680 6051 S.W. 64 Street Page l of 2 Legal Descriptions - E I of Northwest 14 of Northwest 1/. of i 'A of Northwest �i4 of Southeast 1/., i ;ent Closed Pei- R-92-1515, Page 20, Dade' County, Florida ,i u�n VbaJbYYa�o a a - uearevscaaa6taas AEC. i ( Ju\%'u I Page 2 East 50 feet of West 200 feet of North 105.50 feet Northwest S4 of Southeast y., Less Streets, Section] Folio No. 09- 4025-000-0790 East 50 feet of West 150 feet of North 105.50 feet Northwest % of Southeast y�, Less Street, Section Folio No. 09-4025- 000-0720 East 50 feet of West 100 feet of North 105.50 fat Northwest ►.b of Southeast 54, Section 25- 54-40, D Folio No. 094025-000 -0900 West 50 feet of North 105.50 feet of East %, of Southeast td, Section 25- 54-40. Dade County, f Folio No. 09 -4025- 000 -0700 In the event that construction has not started Facilities prior to, or within twenty -four (24) mor developer may erect temporary facilities to adn i duration of use of said facilities shall be in accords pursuant to City of South Miami regulations. or of permanent improvements have been secured, v following paragraph below. If, after 7 yearn from the date of this County Education and Senior Citizen Improvements reserves the right to reenter and take posses developed in accordance with this County Deed. Page 2 of 2 Schedule "A" Lm= Easy✓ of Northwest 1/4 of ;- 54-50, Dade t'ounty, Florida. East yi of Northwest 1/. of - 54-40, Dade County, Florida. East % of Nor~ttwcst 1/, of County. Florida. S4, of Northwest 1/. of the Educational and Senior Citizen from date of this County Deed, the .er programs described herein. The with the lega)ly allowed time period til adequate fdhding for construction :never comes first. but subject to the I. The Parking Lot and pemummt not been cOnvicted, the County of the property that has not been R@ CCMM W OPOeM AMOMx 8OOW Of OAOE COUNTY, FLORODA. RECORD VERiRiED HARVEY RUVIN , r QX r sort a r Coum r eotssw� se�..r R �t� Mum seram rwc.� I FACSIMILE COVER SHEET SfiM TCYAIW A LAT7ENTMN pE CaMprryokwr: A--L- UW 4(c6 e7? !� fl COAVAMS . I it .I I I i i r , i i Soptaubcr 14, 1 Mr. (hvpry J. 0 City of South My 6130 Suawt Driv South Miamui, FL Planar 143 Dear Mr. Ora Aaachcd you wil . find a Sclwdde of the plans that wo he land that is now N scant that is both South and East of the locatod at 6073 S W. 64th Street. If you have asry q ae3tions regarding this matter, please a Sincerely, Emaauel Prisidont in regards to thii% proposed use of the :. Nebo Mission uy Baptist Cburch, = at 667 -36%. The Orrim lum that will be used is High Scope oat of wbiih is used for Head Start Prowun. All of the 'aus progcaoss will be catered to s all over Dade -County, bowem, it is to be filled with cbildroa fr,*m the Sot th Miami Area b4xxuse there is such a &a &W for tbese programs due to the fact the Head Shit Program is a FederaI13 Funded Program for Low Iacaroe F . The facilit es are eapectod to be utilized from 7 :30 1 i= to 9:00 p.m. WO are ats mtticirtg artaaSamaats to lace the build that wllt be crest of the Chti+eh for anothel youth project to accomodate the South I Hami Academy for u ---I- t that Lave remb,ed funding through the Dep utmaat of A vmRa 7tmtice the it is in need of apace that will comsist of two elastrocen to s (SM cWdratt, Tcurbets and and Ad trative ORica. Me funding will be directly through the City of South NlisunL If rho faces► is not utilized assorted above, the svx e e will be utilized for addWacal oducadonil programs and Adtainiatmtiva Offiam The ocuca�nnal facilities &hall be developed on the fdlcwing pr wty: East 30 f of West 200 feet of North 105.50 feet t 1/2 of the Nrsthwest 114 of Northwes 1/4of Southea t l/4, Less Streets Sec 25 34-50, Dade, Cmidy, Florida. Folio No. 4)00.0190 East 30 fe ot of West 250 feet of North 203.30 fwd East 1/2 of Nothweet 1/4 of Noethwea 114 of Southeast, 114 Less Street, Secdca 25 344% Doric County, Florida. Folio No. 094023 -00"720. bad 3 East 50 F wt of west 100 foot of North 105.50 fem East 112 of Nord tweet 114, of Northwest 1/4, of Southeast 114, Section 2S -34-4 Dade (roomy, Florida. Folio No. 09. 4023 - 000-0400. West 30 act of North 103.30 feet of East 1/2, of northwest 114 of Southeast 114, Section 2 - 34-40, DOIda county, Florida. Folio No 09. 4023,0700 I. PARKING LOT a. EDUCATION AND SENIOR cnI �mNs FACumi s I. Parking t at A parking lot shall be developed in accordance the CiW of South Miami Building and Con= clines Regvlatians. Caasetion of ' ovemts consisting of asphalt paving, Hwkin& and fencing. The lot Wull be developed on the foll desen°bcd propaty. Lots 66imd 679 in Block 11, FRANKLIN SURD ISION, aa:eeorded is Plitt Boat 5, at Paso 20, Dade County, Florida. Folio No. 25- 010 -0660 Lot 68, in Block 11 and 730 feet Allay, Lying West and Adjacwt Ctosed Per R -92- 515, FRANKLIN SUBDIVISION, as to corded in Plat Book 5, at Page 20, Dade C ty, Florida. Fdic No. - 4025 -010-0670 La 69, 12 and 7.50 feet AUe�►, Lying East i Per R -92 1513, FRANKLIN SUBDIVISION, as Dade C ty Flod& Folio No. 023.010.0680.6031 S.W. 64th St eat Cloasd In Plat Book 5, at Page 20, II. E and senior Minn. Pacilities Tina Edu dnel Facility will be and expwnion of tic child my services that am presently audtrod at 6075 S.W. 64th Sft"4 an Af - Scbool Tutorld Progruao, a Youth Altes>xtd a Ftogtam fi r at -risk students who have suspended f -om local scboda but wool like to caatinuo their aoademie swdivs4 well as receive ,=awing. Tho Educ nictial Facility will consist of (3) ci that will acam adate (75) children. la each classromn there will be �► C Teacher and or Assistant Teacher. The pw am that we w01 be conwactiag with tha will be ut0ixing 4be facilities wll be a lead Start Program axed a Pre-K Pro with Dodo count' Public schr�ola. Vi rt _0 Ir I v SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, August 11, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages; Mr.. Huggins; Ms. Chimelis; Mr. Wiscombe; Mr. Lefley B. Board members absent 1. Mr. Morton; Mr. Basu C. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Public Hearings A. ITEM: PB -98 -016 Applicant: Mayor & City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB" USE AS A SPECIAL USE IN THE "PI" PUBLIC /INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Mr. Huggins read the request into the record. PB Min 08 -11 -98 item on a citywide basis, with respect to any business or any catering service and not just with respect to the Elks Club. e. Ms. McCann stated that she is "vehemently opposed" to allowing a business in PI zoning districts, and she questioned the City Manager's ability to revoke an approval. f. Ms. McCann closed by adding that because an organization wishes to have a business within the PI zoning district, such a desire is insufficient justification to permit it. g. Prior to closing the public hearing, Mr. Pages explained that allowing the Elks Club to proceed was done in order to "flush out" broader issues relating to catering services associated with fraternal organizations. 16. Public hearing was closed. 17. The Board continued with review of the application. a. In response Ms. Chimelis's inquiry regarding if the level of food service would be sufficient for someone without having to cater offsite or to outside interests, Mr. Walker replied that catering services are probably economically necessary for the individual performing cooking services at the Elks Club. b. Mr. Wiscombe explained that he is attempting to examine the item in regard to its impact on PI zoning districts citywide, as citizens are concerned as to the negative effects on surrounding residential areas. c. In regard to discussion on the proposed catering use, staff explained that the important question is whether or not such a use would be appropriate as an ancillary use in PI zoning districts. d. The Board and staff discussed how the Planning Board should proceed with the item, and staff noted that the City Commission is looking for input from both the public and the Board. 18. Motion: Mr. Lefley moved to disapprove the application; as presented. Ms. Chimelis seconded the motion. 19. Vote: Approved: 5 Opposed: 0 C. ITEM: PB -98 -018 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR PB Min 08 -11 -98 6 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Location: East 50 feet of West 200 feet of North 105.50 feet of East '/z of Northwest 1/4 of Southeast 1/4 Less Streets, Section 25- 54-40, Miami -Dade County, Florida; and, East 50 feet of West 150 feet of North 105.50 feet of East 1/2 of Northwest 1/4 of Southeast '/4 Less Streets, Section 25- 54 -40, Miami -Dade County, Florida; and, East 50 feet of West 100 feet of North 105.50 feet of East '/Z of Northwest 1/4 of Southeast 1/4 Less Streets, Section 25- 54-40, Miami -Dade County, Florida; and, West 50 feet of North 105.50 feet of East '/z of Northwest '/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Miami -Dade County, Florida. 1. Mr. Wiscombe read the request into the record. 2. Staff presented the item to the Board, reviewing a City's Manager's report, dated June 9, 1998, and noting background information on the City's establishment of the Community Service Overlay District in 1997. 3. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. Mr. Tucker began by explaining that questions had been raised as to actual ownership of the properties involved and that concerns had been expressed as to the amount of paving taking place. b. Staff explained that this ordinance, unlike the others considered earlier, does apply to a particular area. c. Staff further explained that the City had addressed questions in regard to ownership, as the deed states "Destiny Human Services Corporation" and not Mount Nebo Missionary Baptist Church, and that the concerns involving the amount of paving will be addressed later in the process, including ERPB review. d. Staff noted that the property had been acquired by a corporation, specifically "Destiny Human Services Corporation ", which is associated with Mount Nebo Missionary Baptist Church, as Miami -Dade County did not wish to deed property to a religious affiliation. e. Mr. James Bowman, of 6250 SW 60 Avenue, signed in to speak before the Board. Mr. Bowman opened by explaining that, from the information presented thus far, he was opposed to the application. f. Mr. Bowman suggested that, before the City moves forward with the application, clarification of issues may be necessary, such as in regard to plans for future facilities. PB Min 08 -11 -98 7 SUMMARY MINUTES Regular Meeting Planning Board City Commission Chambers Tuesday, October 13, 1998, 7:30 p.m. I. Call to order and the Pledge of Allegiance to the Flag of the United States of America A. Mr. Pages, Chairperson, called the meeting to order at 7:36 p.m. II. Roll Call A. Members present constituting a quorum 1. Mr. Pages, Mr. Lefley, Mr. Basu, Mr. Morton, Mr. Huggins, Ms. Chimelis B. Member absent 1. Mr. Wiscombe C. City staff present 1. Charles Scup (City Manager); Gregory Oravec (Acting Director, Planning & Zoning); Fernando Rodriguez, (Director, Public Works); Ron Stroyne (Parking Director) III. Public Hearings A. ITEM: PB -98 -018 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Location: East 50 feet of West 200 feet of North 105.50 feet of East V2 of Northwest 1/4 of Southeast' /4 Less Streets, Section 25- 54 -40, Miami -Dade County, Florida; and, East 50 feet of West 150 feet of North 105.50 feet of East % of Northwest 1/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Miami -Dade County, Florida; and, East 50 feet of West 100 feet of North 105.50 feet of East 1/2 of Northwest I/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Miami -Dade County, Florida; and, West 50 feet of North 105.50 feet of East 1/2 of Northwest 1/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Miami -Dade County, Florida. PB Min 10 -13 -98 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, relating background information on the establishment of the Community Service Overlay District in 1997. 3. Staff continued by noting background information relative to tonight's request, including Pastor Emanuel Whipple's letter submitted on April 13, 1998, and Planning Board's deferral of the item on August 11, 1998. 4. Staff explained Planning Board's deferral, including the Board's desire to review the actual proposal for property purchased by Mount Nebo Missionary Baptist Church in February 1998. 5. Staff further explained that additional information on the proposal had been submitted for the Planning Board's review, including a letter of intent and a site plan. 6. Staff asked that the Board, in reviewing this information, seriously consider two major points involved, as outlined on page 2 of an inter - office memorandum entitled Community Service Overlay District and dated October 12, 1998. 7. The public meeting continued. a. Mr. Lefley inquired as to page 2 of the subject memorandum, specifically item (2), asking if several of the listed uses were "essentially commercial." b. Staff acknowledged that some of the listed uses were commercial and reiterated that that was an important point to consider during review of the request. c. Staff elaborated that the Community Service Overlay District had been established for existing properties, including currently existing churches; now, property currently zoned RS -4 is being considered for incorporation into the District. d. Mr. Lefley asked if "opening up" for commercial uses was involved and staff responded that, while they are more "intensive," such uses would have to be associated with the not - for - profit. e. Mr. Lefley inquired as to the transfer of County property that had occurred and staff replied that the County could not complete the transfer to Mount Nebo Church directly, but with the not - for - profit associated with the Church. f. Mr. Scurr noted that churches have established private, non -profit corporate "arms" to provide such things as day care centers. g. Mr. Lefley inquired to whether a wholly -owned church corporation operating a funeral home is competition with the private sector. PB Min 10 -13 -98 2 h. Mr. Scurr replied that, while mention of a funeral home use had not been made thus far, special use provisions would provide a safeguard and that, in regard to the application at hand, a precedent may be set with a day care use. i. Mr. Lefley continued by asking that, if social services or traditional services run by churches and church - affiliated groups are at the heart of the matter, why is the ordinance so "broad" to include several other uses. j. Staff related that past efforts on the part of the City relating to this matter resulted in a what may be called "community services ", including funeral homes, being provided by community providers, such as churches. k. In regard to the map, Exhibit B, figure 20 -9.1, staff clarified that the darkened parcels on those in the District, with the arrow indicating the properties included in the request. 1. Mr. Pages asked staff to indicate the approval process involved for properties in the District. m. Staff stated that permitted use by right includes church, temple, or synagogue; community residential home having six residents or less; day care center having seven or more children; single - family dwelling; and park or playground, public or private. n. Staff stated that special use approval includes ACLF; community residential home having seven residents or more; counseling services; funeral home; school, elementary or secondary; and school, vocational or special programs. o. Mr. Morton asked if it would be possible for the Board recommending deletion some of the included uses; such as funeral home, and staff responded that such a recommendation can be forwarded to both the City Commission and staff via memorandum, following which staff can proceed with preparing the updated ordinance. p. Mr. Scurr inquired as to whether or not any churches in the neighborhood have funeral home services, and Pastor Whipple replied that there are none in the City of South Miami. 8. Public hearing was opened. a. Pastor Whipple, Sr. Pastor of the Mount Nebo Missionary Baptist Church, explained the proposal, noting that the intention is to open a pre -K school and a tutorial school for the community. b. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, related his opinions regarding the request, including that bettering the educational process is a "great undertaking" and that offering tutorial support is an important service for the community. PB Min 10 -13 -98 c. Mr. Tucker continued by opining that the request, overall, represents a "community concern", which Will eventually benefit the community's future, and he asked that the Planning Board carefully consider the details of the request in order to help make that happen. 9. Public hearing was closed. 10. The public meeting continued. a. Mr. Basu inquired as to the placement of a modular trailer, and staff clarified that the structure would be a prefabricated unit, to be attached to a slab. b. Staff noted that, while the City's code does not prohibit such a unit, it would be reviewed by the ERPB for its aesthetic "compatibility" with the neighborhood. c. In response to Mr. Basu's questions concerning the unit, a second representative, Mr. Santiago Cuello, spoke before the Board. d. Mr. Basu noted that the structure must meet the South Florida Building Code (SFBC) and asked as to how the structure would be constructed. e. Mr. Cuello began by explaining that the structure is constructed according to the Florida Building Code and would therefore meet the SFBC and is approved by the State of Florida, Department of Community Affairs (DCA). £ Mr. Basu inquired as to whether the structure had been approved by Dade County, and Mr. Cuello replied that the County is to accept structures approved by DCA. g. Mr. Basu asked how high the floor would be and Mr. Cuello stated that it would be raised approximately 28" to 34 ", with 34 inches being the maximum. h. Mr. Cuello continued by stating that a concrete footing and a reinforced concrete slab would be used. i. Mr. Basu attempted to clarify by summarizing that foundation walls "coming up" 30 inches, with a slab at grade, would be used. j. Mr. Cuello replied that the slab comes prefabricated, with footings placed at different locations and with anchors "all the way around." k. Discussion on the unit continued, and Mr. Basu inquired as to the materials to be used. 1. Mr. Cuello responded that plywood, gypsum board, fiber cement, and a rubber roof would be included. PB Min 10 -13 -98 4 m. Mr. Basu inquired as to how the site plan relates with the church property, and staff replied that the church property is located across the street. n. In regard to parking, staff confirmed that more parking is being provided than what the City code requires. o. Mr. Basu inquired as to City code provisions applicable to the prefabricated structure, and staff confirmed that there are no such code provisions that address the prefabricated structure. p. Staff noted that ERPB would review the structure for its architectural merit and compatibility with the surrounding neighborhood. q. In regard to approvals of the structure, Mr. Basu noted that while DCA may have approved the structure, Dade County must approve it as well. r. Staff replied that in consultation with the City's Building Director, who would review the structure for compliance with the SFBC and with the City's code, Ms. Sonia Lama had explained that there are no grounds for disapproval of the structure. 11. The public meeting continued. a. Mr. Morton inquired as to the 15 -foot alley shown on the sketch, and staff responded that the incorrect site plan was included in the Board's informational packet and that the correct one was being presented to the Board directly. b. Mr. Morton asked again in regard to an alley, and staff responded that the other plan shows no alley. c. Ms. Chimelis inquired as to whether the corporation that had been established meets the legal standard, and staff replied affirmatively. d. Ms. Chimelis spoke in regard to the Board's meeting held on August 11, 1998, particularly public comments relating to agenda item P13-98 -018, and staff responded that such commentary largely involved another church project, namely the rehabilitation of an apartment building. e. Ms. Chimelis explained that she was concerned with the intended hours, such as 7:30 a.m. through 9:00 p.m., and she opined that the neighborhood will be impacted earlier than 7:30 a.m. and later than 9:00 P.M. f. Ms. Chimelis stated that she would like to know if the applicant has addressed impact upon the neighborhood, including activity and traffic concerns, and has polled the neighborhood at -large to ascertain the degree of support for the item. g. Staff responded that these concerns, such as involving how a particular land use will affect surrounding land uses, would be addressed later under the special use application. PB Min 10 -13 -98 h. Ms. Chimelis replied that, while these concerns may very well be addressed during the special use process, she would like the applicant to respond to these concerns at this meeting as well. L Pastor Whipple stated that he had received no negative comments pertaining to such concerns, and he noted that a Ms. Jean Butler, a member of the community, was present who could also respond. j. Ms. Butler explained that she lives in the community and knows the area well, and she noted that the hours of operation would not "directly or indirectly affect the neighborhood," as it is currently. a busy area. k. Ms. Butler continued by explaining that the item will lead to improvement in the neighborhood, particularly for children as day care and tutorial services would eventually be offered in the community. 1. Ms. Chimelis stated that she was desirous of learning what is intended for property located west of Mount Nebo Church. m. As discussion continued and for purposes of clarification, staff explained that the Board is currently reviewing four properties located south of the Church. n. Mr. Pages attempted to summarized how best for the Board to proceed by stating that two issues are involved, the request in particular and the precedent such a request will create for the future. o. In regard to further concern about how members of the community view the request and how they feel about future plans stemming from the request, Ms. Chimelis and Mr. Pages stated that, for the record, these concerns are being addressed to the applicant. p. Pastor Whipple responded that they have attempted to address these concerns and that they feel everything drafted thus far will have a positive impact upon the community. q. Pastor Whipple explained that, in regard to SW 64 Street, "a lot needs to be done ", particularly for the immediate area. r. Mr. Pages asked Pastor Whipple if, to his knowledge, there is "real opposition" in the community, and Pastor Whipple replied that there is none. s. Mr. Basu returned to intentions for property located west of Mount Nebo Church, inquiring as to possible expansion of day care facilities, staff responded the applicant may be able to address this concern. t. Mr. Scurr asked the Board for clarification as to what exactly it was approving, be it zoning, type of structure, etc. PB Min 10 -13 -98 6 u. Mr. Basu responded that,the Board is approving the ordinance with respect to the subject properties. v. Mr. Pages summarized that the Board is only looking at this specific property, in this specific location, for this specific use. w. In response to Mr. Pages' inquiry, staff explained that if the property is sold to a private individual or private entity, "a non - church located in the neighborhood," it reverts back to single- family residential 12. The public meeting continued. a. Mr. Pages related his opinion involving use by right with respect to church, temple, or synagogue, and he commented that a memorandum recommending changes to the ordinance for certain uses can be drafted. b. Mr. Pages continued by noting that he believed such a memorandum would be unnecessary, particularly as the special use process is in place as a safeguard. c. Mr. Lefley questioned if the establishment of the overlay district had come before the Planning Board for its consideration, and he stated that the Board should be aware of the "parameters" involving several of the uses, including ACLFs and funeral homes. d: Mr. Pages reiterated that uses of this nature are contingent upon another approval process, namely the special use process. e. Staff added that, in addition to the special use approval, City zoning restrictions exist that would provide a measure of protection when certain uses are involved. 13. Motion: Mr. Lefley moved approval that the properties as noted by the legal description are to be added to the existing community overlay district. Mr. Morton seconded the motion. 14. Vote: Approved 6 Opposed 0 IV. Public Workshops A. Proposed Valet Parking Ordinance The Workshop will allow the Planning Board, City staff, valet industry representatives, and members of the public the opportunity to discuss a proposed ordinance to regulate valet services in the City of South Miami. 1. The Board proceeded with the public workshop portion on valet parking. 2. All interested parties held discussion and debate on valet parking in South Miami PB Min 10 -13 -98 7 g. Ms. Cathy McCann, of 5820 SW 87 Street, spoke before the Board. Ms. McCann related that the issues involving the application are rather "unclear" at this time. 4: Public hearing was closed. 5. The Board continued with review of the application. a. Mr. Lefley explained that Miami -Dade County would be hesitant to deed property to groups with religious affiliations, and he suggested that there may be a legal conflict of interest involved. b. Mr. Lefley further suggested that the matter be deferred, in order to permit further review by the City Attorney. c. Ms. Chimelis noted that the application may be incomplete, including lack of a site plan. d. Mr. Wiscombe offered that the application lacks "vision ". e. Mr. Huggins suggested that a sketch or outline be drafted and included in order to show what is planned for the property. f. Mr. Pages concurred that the application may need to be deferred, in order for the Board to receive additional details concurrently, including changes in the ordinance and plans for the property. 6. Motion: Mr. Wiscombe moved to defer the item. Mr. Huggins seconded the motion. 7. Vote: Approved: 5 Opposed: 0 D. ITEM: PB -98 -019 Applicant: South Miami/Coral Gable Elks Lodge #1676 Request: A Special Use Permit for a "Fraternal Organization or Private Club," including catering services as an ancillary use, as specified in §20 -3.4 (B)(2) of the Land Development Code. Location: 6304 SW 786' Street 1. Mr. Lefley read the request into the record. 2. Staff presented the item to the Board, noting that changes are in order for the request, including a special use for a fraternal organization, deleting private club, and removing catering services as an ancillary use. 3. Staff requested that the application be deferred to the Board's next regularly scheduled meeting, in order to evaluate and incorporate the changes that had been voted on at this evening's PB Min 08 -11 -98 8 m. Mr. Basu inquired as to how the site plan relates with the church property, and staff replied that the church property is located across the street. n. In regard to parking, staff confirmed that more parking is being provided than what the City code requires. o. Mr. Basu inquired as to City code provisions applicable to the prefabricated structure, and staff confirmed that there are no such code provisions that address the prefabricated structure. p. Staff noted that ERPB would review the structure for its architectural merit and compatibility with the surrounding neighborhood. q. In regard to approvals of the structure, Mr. Basu noted that while DCA may have approved the structure, Dade County must approve it as well. r. Staff replied that in consultation with the City's Building Director, who would review the structure for compliance with the SFBC and with the City's code, Ms. Sonia Lama had explained that there are no grounds for disapproval of the structure. 11. The public meeting continued. a. Mr. Morton inquired as to the 15 -foot alley shown on the sketch, and staff responded that the incorrect site plan was included in the Board's informational packet and that the correct one was being presented to the Board directly. b. Mr. Morton asked again in regard to an alley, and staff responded that the other plan shows no alley. c. Ms. Chimelis inquired as to whether the corporation that had been established meets the legal standard, and staff replied affirmatively. d. Ms. Chimelis spoke in regard to the Board's meeting held on August 11, 1998, particularly public comments relating to agenda item PB -98 -018, and staff responded that such commentary largely involved another church project, namely the rehabilitation of an apartment building. e. Ms. Chimelis explained that she was concerned with the intended hours, such as 7:30 a.m. through 9:00 p.m., and she opined that the neighborhood will be impacted earlier than 7:30 a.m. and later than 9:00 P.M. f. Ms. Chimelis stated that she would like to know if the applicant has addressed impact upon the neighborhood, including activity and traffic concerns, and has polled the neighborhood at -large to ascertain the degree of support for the item. g. Staff responded that these concerns, such as involving how a particular land use will affect surrounding land uses, would be addressed later under the special use application. PB Min 10 -13 -98 h. Ms. Chimelis replied that, while these concerns may very well be addressed during the special use process, she would like the applicant to respond to these concerns at this meeting as well. L Pastor Whipple stated that he had received no negative comments pertaining to such concerns, and he noted that a Ms. Jean Butler, a member of the community, was present who could also respond. j. Ms. Butler explained that she lives in the community and knows the area well, and she noted that the hours of operation would not "directly or indirectly affect the neighborhood," as it is currently a busy area. k. Ms. Butler continued by explaining that the item will lead to improvement in the neighborhood, particularly for children as day care and tutorial services would eventually be offered in the community. 1. Ms. Chimelis stated that she was desirous of learning what is intended for property located west of Mount Nebo Church. m. As discussion continued and for purposes of clarification, staff explained that the Board is currently reviewing four properties located south of the Church. n. Mr. Pages attempted to summarized how best for the Board to proceed by stating that two issues are involved, the request in particular and the precedent such a request will create for the future. o. In regard to further concern about how members of the community view the request and how they feel about future plans stemming from the request, Ms. Chimelis and Mr. Pages stated that, for the record, these concerns are being addressed to the applicant. p. Pastor Whipple responded that they have attempted to address these concerns and that they feel everything drafted thus far will have a positive impact upon the community. q. Pastor Whipple explained that, in regard to SW 64 Street, "a lot needs to be done ", particularly for the immediate area. r. Mr. Pages asked Pastor Whipple if, to his knowledge, there is "real opposition" in the community, and Pastor Whipple replied that there is none. s. Mr. Basu returned to intentions for property located west of Mount Nebo Church, inquiring as to possible expansion of day care facilities, staff responded the applicant may be able to address this concern. t. Mr. Scurr asked the Board for clarification as to what exactly it was approving, be it zoning, type of structure, etc. PB Min 10 -13 -98 u. Mr. Basu responded that the Board is approving the ordinance with respect to the subject properties. v. Mr. Pages summarized that the Board is only looking at this specific property, in this specific location, for this specific use. w. In response to Mr. Pages' inquiry, staff explained that if the property is sold to a private individual or private entity, "a non - church located in the neighborhood," it reverts back to single - family residential. 12. The public meeting continued. a. Mr. Pages related his opinion involving use by right with respect to church, temple, or synagogue, and he commented that a memorandum recommending changes to the ordinance for certain uses can be drafted. b. Mr. Pages continued by noting that he believed such a memorandum would be unnecessary, particularly as the special use process is in place as a safeguard. c. Mr. Lefley questioned if the establishment of the overlay district had come before the Planning Board for its consideration, and he stated that the Board should be aware of the "parameters" involving several of the uses, including ACLFs and funeral homes. d: Mr. Pages reiterated that uses of this nature are contingent upon another approval process, namely the special use process. e. Staff added that, in addition to the special use approval, City zoning restrictions exist that would provide a measure of protection when certain uses are involved. 13. Motion: Mr. Lefley moved approval that the properties as noted by the legal description are to be added to the existing community overlay district. Mr. Morton seconded the motion. 14. Vote: Approved 6 Opposed 0 IV. Public Workshops A. Proposed Valet Parking Ordinance The Workshop will allow the Planning Board, City staff, valet industry representatives, and members of the public the opportunity to discuss a proposed ordinance to regulate valet services in the City of South Miami. 1. The Board proceeded with the public workshop portion on valet parking. 2. All interested parties held discussion and debate on valet parking in South Miami PB Min 10 -13 -98 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 1/15/99 The attached resolution sponsored by Commissioner Horace G. Feliu establishes an Ad -Hoc Campaign Reform Committee which duties shall include but not be limited to: 1) review of Chapter 106 of the State Statutes entitled Campaign Financing; 2) solicit information from other municipalities as it relates to campaign financing; 3) provide the City Commission with a finding and recommendation for campaign reform at the April 20, 1999 City Commission meeting. In an effort to foster community relations and bring the total community together Commissioner Feliu wanted to make sure that the election process was inclusive for anyone desiring to run for public office and that no one should be discouraged because of campaign financing. This Ad -Hoc Campaign Reform Committee shall consist of five (5) members who are registered voters in Miami -Dade County. This Committee shall expire April 21, 1999. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; ESTABLISHING AN AD -HOC CAMPAIGN REFORM COMMITTEE; PROVIDING FOR APPOINTMENT; TERM OF OFFICE; DUTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in an effort to foster community relations and bring the total community together by being inclusive to anyone desiring to run for public office the City Commission wish to address the issue of campaign financing limitations; and WHEREAS, the City of South contributions up to $250.00 unincorporated associations; and Miami limits individual campaign per person, corporate and WHEREAS, the Miami -Dade County on December 15, 1998 adopted Ordinance No. 98 -183 which prohibited certain campaign contributions or expenditures by National and State Banks, Corporations or Unincorporated Associations; and WHEREAS, it is the City Commission's desire to establish an ad -hoc Campaign Reform Committee with duties to include but not limited to: 1) review of Chapter 106 of the State Statutes entitled Campaign Financing; 2) solicit information from other municipalities as it relates to campaign financing; 3) Provide the City Commission with a finding and recommendation for campaign reform by April 20, 1999 City Commission meeting; and WHEREAS, composition of Ad Hoc Campaign Reform Committee shall consist of five (5) individuals who are registered voter in Miami -Dade County. Candidates must have general knowledge of Chapter 106 of the Florida Statues regarding campaign financing; and WHEREAS, this Committee shall expire upon the completion of its task April 21, 1999 or until such time as extended by a majority vote of the City Commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. There is hereby established an Ad Hoc Campaign Financing Reform Committee, with composition consisting of five (5) members who are registered voters in Miami -Dade County and have general knowledge of Florida Statutes Chapter 106 regarding Campaign financing. Section 2. The duties of this Committee shall include but not be limited to: Reviewing current State Statutes on Campaign Financing; soliciting information from other 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 municipalities as it relates to their campaign financing provisions; Provide findings and recommendation at the April 20, 1999 City Commission meeting. Section 3. This Committee shall expire upon the completion of its task April 21, 1999 or until such time as extended by a majority vote of the City Commission. Section 4. 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 , 1999. COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Feliu: Commissioner Bethel: Approved Mayor Veto Override and ORDINANCE NO, At!enda Item No. 5 (E) 12 -15 -98 98.183 ORDINANCE RELATING TO CAMPAIGN FINANCING; PROHIBITING CERTAIN CAMPAIGN CONTRIBUTIONS OR EXPENDITURES BY NATIONAL, AND STATE BANKS, CORPORATIONS OR UNINCORPORATED ASSOCIATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DANE WHEREAS, Florida law limits individual campaign contributions to $500.00 per person; WHEREAS, Florida law currently allows corporate and unincorporated association contributions up to $500.00, and WHEREAS, Federal and state laws prohibit corporations and banks from making contributions or expenditures in connection with the election of certain candidates unless the expenditures are voluntarily made to a separate segregated fund that is deemed a political committee; and WHEREAS, the Miami -Dade County Board of County Commissioners is empowered to regulate campaign contributions to and expenditures on behalf of candidates for the Office of Mayor of Miami -Dade County, the Miami -Dade Board of County Commissioners, Miami -Dade Community Councils and the Miami -Dade County Fire and Rescue Services District Board; and WHEREAS, the Commission finds that campaign contributions generated by corporations and unincorporated associations are having a disproportionate impact vis -a -vis contributions from individuals. This creates an environment in which (1) public officials may be influenced by special interests to the detriment of the public interest, and (2) the public has the 3 Agenda Item No. 5 (B) page perception that elected officials are being influenced by special interests to the detriment of the public interest; and WHEREAS, the Commission finds that campaign contribution and expenditure limitations are being circumvented by the creation of shell corporations; and WHEREAS, the Commission intends that the provisions of this ordinance will prevent the abuses associated with corporate, national and state bank, and unincorporated association campaign contributions and expenditures, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI -DARE COUNTY, FLORIDA: action, 1. Contributions or expenditures by national or state banks, corporations or unincorporated associations. (1) It is unlawful for any national or state bank, or any corporation incorporated under the laws of the State of Florida or any other state or any foreign country or any unincorporated association to make a contribution or expenditure, as-defined in Chapter 146, Florida Statutes, in connection with the election of any candidate in Miami -Dade County. Furthermore, it shall be unlawful for any candidate, political - committee, or other. person to knowingly accept or receive any contribution prohibited by this section, or for any officer or any director of any corporation, bank, or any unincorporated association to consent to any contributions or-expenditures by a corporation, bank or unincorporated association prohibited by this section_ As used herein: (a) "candidate" means a candidate for the office of Mayor of Miami -Dade County, the Miami -Dade County Board of County Commissioners, Miami -Dade County Community Councils and the Miami -Dade County Fire and Rescue Services District �. KWOwS d Agenda Item No. 5 (a Page 3 Board; and (b) "unincorporated association' moans a partnership or any other legal entity other than a natural person or corporation. (2) No provision of this ordinance shall be deemed to prohibit a loan of money by a national or state bank made in accordance with the applicable banking laws and regulations in the ordinary course of business; however, any such loan shall be included in the reports filed by the candidates and political committees. No provision of this ordinance shall be deemed to prohibit the receipt of interest or dividends on investments where the interest or dividends are received in accordance with the applicable banking laws and in the ordinary course of business. Any such interest and dividends shall be included in the financial records maintained by the candidate and political committees and reports where appropriate under the filing requirements of this action. (3) No provision of this ordinance shall be deemed to prohibit direct private communications by a corporations to its stockholders and their families or by an unincorporated association to its members and their families on any subject, nonpartisan-registration and get -out- vote campaigns by a corporation aimed at stockholders and their families or by an unincorporated association aimed at its members and their families; and the establishment, and administration by a corporation or an unincorporated association of a separate segregated fund which fund is to be created by voluntary individual contributions, including those solicited by the corporation or unincorporated association and to be utilized for political purposes, provided that any such separate segregated fund shall be deemed to be a political committee for purposes of this ordinance and must comply with the requirements of Chapter 106, Florida Statutes, regardless of the level of expenditures or contributions. J Mr+UM.A, Agenda Item No, 5 (B) Page 4 Section Z. Penalties. In addition to any other penalties which may be applicable, any person who violates this ordinance shall be punishable by a find up to $5,000 or imprisonment not to exceed three hundred and sixty -four days, or both. Section 33 If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word Section 5, This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Section 6. This ordinance does not contain a sunset provision'. PASSED AND ADOPTED: DEC 1 5 i 8 Approved by County Attorney as to form and legal sufficiency: k Prepared by: Sponsored by Commissioner Jimmy L. Morales J WM466. ". CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and Commission Date: January 14, 1999 a *0 Agenda -Item # r From: Charles Scurr ro Subject: Comm. Mtg. 1/19/99 City Manager CRA Board and Advisory Board Recommendations The attached -resolution -provides guidelines for CRA Board and Advisory Board -review of matters affecting the CRA area. A workshop was held on January 11, 1999 to discuss and develop such guidelines. The attached document reflects the outcome of that workshop. I -recommend approval. I RESOLUTION NO, 2 3 A RESOLUTION Of THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, 'FLORIDA ADOPTING 5 GUIDELINES FOR RECOMMENDATIONS FROM THE 6 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY 7 AND ADVISORY BOARD REGARDING MATTERS 8 AFFECTING THE COMMUNITY REDEVELOPMENT AREA. 9 10 WHEREAS, the Mayor and City Commission wish to receive input and 11 recommendations from the South Miami Community Re-development Agency and 12 Advisory Board on matters affecting the Community Redevelopment Agency area-, and 13 14 WHEREAS, the guidelines attached as Exhibit "1," which will provide the 15 framework for receiving such recommendations. 16 17 NOW-, THEREFORE-, BE IT RESOLVED BY THE MAYOR AND CITY 18 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 19 20 Section l. That the guidelines attached as Exhibit -1,' which -will allow the City 21 Commission to receive -input and recommendations from the South Miami Community 22 Redevelopment Agency and Advisory Board are adopted. 23 24 Section Z, That this resolution shall be effective upon adoption, -2-5 26 PASSED and ADOPTED this day of '1999. 27 28 29 MAYOR 30 31 32 ATTEST: 33 -34 85 CITY CLERK 36 37 38 APPROVED AS TO FORK 39 40 41 42 CITY ATTORNEY GUIDELINES FOR REVIEW OF MATTERS REFERRED TO THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY The South Miami Community Redevelopment Agency (Agency) has been created by the City of South Miami (City) as an independent Agency to undertake and be responsible for community redevelopment activity as permitted by Chapter 163, Part 111 of the Florida Statues and as specified in the interlocal agreement between the City, the Agency and Miami-Dade County. Additionally, the city will -establish -a Community Redevelopment Agency Advisory Board (Advisory Board), in order to assist the Agency by undertaking a review of and making recommendations on matters within the Agency's jurisdiction, These guidelines are formulated to establish a procedure by which the Agency and the Advisory Board may review and make recommendations to the City on matters affecting community redevelopment. Section I. Recommendation to City Commimion A) The City Commission shall receive recommendation on the following matters from the Agency regarding: L Comprehensive Land Use Plan or Map Amendments regarding land in the redevelopment area. 2. Zoning Amendments affecting the actual zoning map designation or the actual list of permitted, conditional or prohibited uses of any land in the redevelopment area 3. The expenditure or budgeting of any amount in excess of $50,000 in regard to any program or purchase, which, in the opinion of the City commission, affects the powers and responsibilities of the Community Redevelopment Agency in implementing by Plan, not otherwise required to be reviewed pursuant to Chapter 163, Florida Statues, and shall not include general government expenditures affecting City-wide programs or purchases. 4, Human Resource matters relating to job training, day care, and other quality of life issues. B) The City may, if time considerations permit, also refer the above matters to the Advisory Board in order for a recommendation to be made to the Agency. C) The City will not be - required to refer the matters specified in Section A, 1 -3, to either the Agency or the Advisory Board in the event that considerations such as time or exigent circumstance require immediate City Commission action. D) The City Commission may refer any other matter to the Agency or the Advisory Board as determined by the City to affect the responsibilities of the Agency. Section H. Recommendation to the City Administration A) The City Manager shall receive recommendations from the following matters to the Agency regarding: The issuance of any RFP or Bid Request for any program or purchase which, in the opinion of the City Manager, affects the "Community Redevelopment Agency area. 2. The sale or lease of any City owned property in the City which, in the opinion of the City Manager, affects the Community Redevelopment Agency area. B) The City Manager may, if time considerations permit, also refer the above matters to the Advisory Board in order for a recommendation to be made to the Agency-. C) The City Manager will not be required to refer the matters -specified in Section A, 1 -2, to either the Agency or the Advisory Board in the event that considerations such as time or exigent circumstances required immediate City action. D) The City Manager may refer any other matter to the Agency or the Advisory Board as determined by the City Manger to affect the responsibilities of the Agency. . ........... CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and Commissioners Date: January 14, 1999 From: Charles Scurr Opel Agenda Item 4—q a r Subject: Commission Meeting City Manager January 19, 1999 Agreement - Health Trans, Inc. The South Miami Community Redevelopment Agency Board approved a project to implement a Trolley system in the city utilizing the services of South Florida Trolley, Co., Inc. Circumstances prevented finalization of a contract with that company. Vice Mayor Oliveros was instrumental in assisted in locating another company to provide a', proposal. Health Trans, Inc. will provide trolley services for the SMCRA for a cost of $32.80 per hour based upon 66.5 hours per week of operation. ($1960 per month to lease the 19 passenger old-style trolley, plus $26.00 per hour for operation, maintenance, etc- The initial agreement will be for a total amount of approximately $220,4G0 and will cover the period of January 21, 1999 through December 2000. Disbursement will be paid from account #610-1120-554-4424, CRA-Rental/Lease Vehicle. This account has a balance of $225,000.00. The trolley is air-conditioned, ADA equipped with 2 spaces for wheelchairs. The CRA will have rights to any revenue generated from advertising on the trolley. Health Trans, Inc. (a division of Coach USA) is already an approved provider in Miami- Dade County, and is in process of obtaining the appropriate certificate for the type of service being provided to South Miami. A draft of the required interlocal agreement between the City and M-iaml-Dade County for transportation services is on the 1119199 agenda for approval. The trolley will operate 66-5 hours per week- The trolley route and hours of operation, will be defined at a later date, but will include stops- at the South Miami Metrorail Station, City HaR/Library, Shops at Sunset Place, a stop on 7P Street, and possibly a stop at Sheraton 4 Points Hotel. The entire route should be complete every 20-25 minutes. The companies Interviewed regarding services are: American Bus Lines Company declined to submit proposal because they did not Coach USA I believe it was profitable to operate only one trolley. Health Trans- Submitted proposal on January la, 1999. That proposal has (A division of Coach USA} incorporated into, the attached proposed contract. Gable Car Concepts Did not submit proposal and has gone out of business. South Florida Trolley Submitted a proposal that was negotiated, but failed to finalize. Glib- Liamsine Service $43,00 per hour for a mini-bus (Trolley service proposal not yet received) Staff had originally considered 40 to 45 hours per week of service which would have covered service for a two-year period, but after receiving community input, and after receiving citizen input, and careful analysis, determined that reliable service would require a minimum of 66-5 hours per week- This will allow service to begin before the lunch. hour, and continue to allmv shoppers and employees to utilize the service to return to their vehicles after shopping of working ir, 'the downtown area. The added stop on 7P will allow residents within the BRA area to utilize the trolley, for grocery shopping. We believe that this level of service will initiate the service in such a way that citizens will know they can count on the service during the hours It is most needed. Promotional materials and route schedules will be created and distributed. Advertising revenue estimates have not yet been determined. The fixed cost of $1960 for lease of the vehicle with the added $26.00 per hour gives us additional flexibility in adding hours- If we receive addrtional funds for expanded operation,, and decide there is a need the additional service can be added at only $26. GG per hour. Health, Trans, Inc. has a fleet of vehicles and can provide a mini bus to cover any clown time we may experience with- the trolley. I The contract presented for your approval has all of the same provisions, as the earlier contract with South Florida Trolley, and enables the City to increase or decrease levels of service as deemed appropriate- 1 2 a 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TROLLEY SYSTEM SERVICES WITH HEALTH TRANS, INC. WITH DISBURSEMENT FROM ACCOUNT # 610-1120-554-4420, "CRA RENTAULEASE VEHICLE." WHEREAS, the City of South Miami and South Miami Community Redevelopment Agency desire to establish a trolley system in the Community Redevelopment Agency area for the benefit of the public; and WHEREAS, Health Trans, Inc. has agreed to provide the necessary services to operate and maintain the desired system in the community Redevelopment Agency area. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the City Manager and City Attorney are authorized to negotiate and execute an agreement, in the form attached as Exhibit "1," with Health Trans. Inc. for the provision of a trolley system in the Community Redevelopment Agency area.' Section 2s That the City shall, through appropriate agreements, assign the contract with Health Trans, Inc. to the South Miami Community Redevelopment Agency. Section Funding for this Agreement shall be paid from Account No. 614-1124 - 554 -4424, CRA Rental/Lease Vehicle." Section 4. That this Resolution shag be effective upon adoption. 1999. PASSED AND ADOPTED by the City commission this day of CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR 01/15/1999 13:07 8957029 NOMIAMICITYATTY PAGE 04 DRAFT DRAFT - 1!15199 AGREEMENT THIS AGREEMENT is entered into between the City of South Miami (City), and Health Trans, Inc. (Vendor). WHEREAS, the City and the South Miami Community Redevelopment .Agency (SMCRA) have requested proposals for the operation of a Downtown Trolley System (System or Trolley); and WHEREAS, Vendor has provided the most responsive and responsible proposal. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: That the representations contained above are true and correct. Section 2. Vehicle Service. Vendor shall provide a trolley vehicle to the City /SMCRA commencing January 21, 1999, and terminating December 31, 2000. The vehicle shall comply with vehicle specifications as described on Exhibit "A," attached. The term of the use may be extended by the agreement of the parties. Section 3, CirdSMCRA Responsibilities. 3.1 The City or, if this Agreement is assigned, the South Miami Community Redevelopment Agency (SMCRA) shall be responsible for establishing all policy relative to the Trolley, including routes, school ridership, schedules, advertising or other matters that effect the service provided. 3.2 The City/SMCRA shall designate all transit stops and the installation and maintenance of transit stop signs. 3.3 The CityISMCKA. shall be responsible for marketing the transit system including the preparation of flyers announcing schedules and routes. _s ".1� WA M. . 4.1 Vendor shall be responsible for the day to day operation, maintenance and repair of the trolley during the charter use tern. The Vendor shall operate the trolley pursuant to all applicable governmental requirements, and shall obtain all necessary Federal, 01/15/1999 13:07 895709 NOMIAMICITYATTY PAGE 05 State and County permits and licenses, at Vendor's sole expense. Vendor expressly agrees to meet all County requirements and shall adhere to all provisions of any interlocal agreement entered into between the County and the City and/or the SMCRA,, and a copy of the form of such agreement is attached as Exhibit `B." 4.2 Vendor shall be responsible for providing an Operations Manual which shall include provisions regarding: a) Vehicle Operating Procedures; b) Driver Conduct; c) Communications Operating Procedures; d) Safety Procedures; e) Accident Procedures; 0 Administration and Reporting Procedures. 4.3 Vendor shall provide Administrative services including: a) b) C) d) e) fl Trolley Manager; Office Procedures; Downtime Procedures; Communications Procedures; Regularly Scheduled Safety Meetings; Accounting systems. 4.4 Vendor shall provide a communications system which shall include: a) Trunked 900 MHZ radio system; b) Vehicle and fully portable hand -held radios; c) Personnel trained in the use of such equipment. 4.5 Vendor shall provide and maintain the following records: a) Driving Schedules; b) Management Reports; c) Passenger Counts (per trip); d) Daily Trip Sheets. In providing the services required under this Agreement, Vendor shall meet the following performance standards: 5.1 The system must be operational no later than January 21, 1999. 2 01/15/ 1999 13:07 895709 NOMIAMICITYATTY PAGE 06 5.2 The trolley shall run for a minimum of sixty -six and one half (66.5) hours per week. 5.3 The City/SMCRA reserves the right to establish and make changes in the route, hours, and days of the operation of the trolley, upon 24 -hour notice. The hours of operation will be a minimum of 66.5 hours per week, and the City /SMCRA shall establish all holiday schedules as deemed necessary. 5.4 At a minimum, vehicle exteriors shall be washed twice weekly. Interiors shall be swept, trash emptied, dusted and spot mopped at least once daily; interiors shall be fully mopped, windows cleaned and driver's area cleaned at least once weekly, and shall be fully cleaned throughout at least once monthly including drivers' area, dashboards, window, ceiling, walls, seats, and all other interior areas. 5.5 No vehicle shall be dispatched for service without a properly functioning air conditioning and heating system,. as described in the "Vehicle Requirements" section. 5.6 All vehicle(s) must be safe for the provision of service. Any vehicle in service considered unsafe shall be replaced immediately. Vehicle(s) deemed by the City /SMC12A to be unsatisfactory due to such matters as multiple torn seats, loose or broken seats, cracked windshields or other causes shall be removed from service after the day of discovery of the discrepancies, and shall not be returned to service unti l the problems have been remedied, as determined by the City /SMCR.A.. 5.7 Vehicle(s) shall have City /SMCRA approved route signs and clearly visible interior placards noting telephone numbers to register complaints. 5.8 All vehicle drivers hired by the Vendor shall comply with the requirement to wear the uniform agreed to by Vendor and the City /SMCR.A. 6.1 The non -fixed route will be approximately 2.5 miles. Trolley stops, including school usage, will be determined by the City /SMCRA, and may change according to ridership and other considerations as determined by the City /SMCRA . Section 7. Pgrsonnel 7.1 Vendor shall designate a Trolley Manager who will oversee the complete operation of the System, 3 X01/15/199999 13:07 995709 NOMIAMICITYATTY PAGE 07 7.2 The following qualifications shall apply to all drivers employed to perform services under the terms of this contract: a. Minimum age of 19 years. b. Current valid Florida Chauffeur's license and attainment of valid Commercial Driver's License when required. c. No more than three (3) moving violations or accidents (courited 'individually or combined) within a three (3) year period. d. Vendor shall immediately dismiss a driver from performing further work under the terms of this contract should the driver's'license be terminated, if they have more than one (1) moving violation and/or chargeable accidents, or if they are subject to. one (1) criminal conviction during performance of this contract. e. Negative results on a drug use test administered by a responsible testing facility. f. All requirements of the Federal Motor Vehicle Safety Act and all Miami - Dade County requirements must be observed. 7.3 Vendor shall ensure that the drivers Fulfill the following responsibilities: a. Drivers shall operate the vehicle in a safe and timely manner. b. Drivers shall be courteous to all passengers and the general public at all times and will respond to passenger questions regarding use of the trolley. c. Drivers shall distribute or collect handouts, surveys, etc., at the City /SMCRA's request. d. Uniforms shall be clean and presentable and worn at all times when on duty. e. Gratuities shall h= be accepted. f Drivers shall have a thorough knowledge of transit system schedules, feeder bus routes and schedules, and major South Miami buildings and activities. g. Drivers shall assist handicapped passengers with entering and exiting vehicles. W 01/15/1999 13:07 8957039 NOMIAMICITYATTY PAGE 08 h. No one shall be permitted to smoke, eat, drink or play a radio (other than necessary driver /dispatcher radios) while on the vehicle(s). Section S. Vehicle Requirements. 8.1 Vendor shall acquire and provide the vehicle(s) to operate the System. An additional vehicle shall be available as a backup in the event of mechanical breakdown. The maximum response time from the time of a vehicle breakdown until a replacement vehicle arrives shall be two (2) hours. The replacement vehicle shall meet all vehicle requirements in this Agreement. 8.2 Each vehicle shall have a minimum of nineteen (19) seats, appropriately arranged and designed to provide safe and comfortable seating for passengers, and will be equipped with a wheel chair lift. 8.3 Vehicle(s) shall be identified with signage or logos as the "SMCRA Trolley" or other identification as specified by the City /SMCRA. Signs shall be conspicuously displayed on the front, sides and rear of the vehicle(s). 8.4 The vehicle(s) shall have a historical trolley appearance. The vehicle(s) shall be completely enclosed, with shades or blinds to protect passengers from direct sunlight. The vehicle(s) shall be similar in appearance and use the same color scheme as specified by the City /SMCRA. 8.5 The vehicle(s) shall have air conditioning and heating systems that are fully operative every day the vehicle is in service. The air conditioning system shall be of sufficient size and capacity to provide a cooling effect throughout the vehicle, with cold air blowing in all sections of the vehicle. 8.6 Spaces shall be available in the interior of the vehicle for displaying transit system routes, schedules and promotional announcemonts, as determined by the City /SMCRA. 8.7 The front, sides and rear of the vehicles shall be equipped for exterior advertising. The City /SMCRA reserves the right to sell advertising in and on the vehicles and retain all revenues from such sales or use. 8.8 Vehicles used by Vendor shall be available for inspection by the City /SMCRA prior to being placed in service and at any time thereafter at City /SMCRA's discretion. E 01/15/1999 13:07 8957029 NOMIAMICITYATTY PAGE 09 8.9 Vendor shall comply with all applicable laws and regulations relative to handicap accessibility, and will comply with all requirements of the Americans with Disabilities Act. Section 9. ,Condition and Maintenance of Vehicles. 9.1 Vehicle(s) shall be in excellent working condition, both operationally and in appearance. All vehicle(s) and required equipment shall be kept in good repair and condition satisfactory to the City /SMCRA. 9.2 Vendor shall initiate and maintain an effective safety and mechanical inspection. program. The City /SMCRA reserves the right, in its sole discretion, to inspect and reject temporarily or permanently any vehicle Contractor proposes to use or subsequently utilizes which the City/SMCRA deems unacceptable for reasons of safety or disrepair. 9.3 All vehicle(s) required to be utilized for this contract shall be safe for operation on public streets and highways and meet all requirements of the Florida Department of Transportation and of Miami -Dade County. All parts of the vehicle and equipment mounted on or in the vehicle shall conform, at a minimum, to all applicable motor vehicle safety standards. 9.4 At all times, Vendor shall cause all components of each vehicle, including its body, frame, furnishings, mechanical, electrical, hydraulic, or other operating systems to be maintained according to manufacturers recommendations and shall be in proper working condition, free from damage and malfunction. Vendor shall cause any vehicle damaged in any accident or otherwise to be replaced or repaired immediately. Vendor, at its sole cost and expense, shall provide fuel, lubricants, repairs, parts and supplies required for the maintenance and operation of all vehicle(s) utilized in providing service. 9.5 Vendor is responsible for maintaining the vehicle's appearance. 'V'ehicle(s) must be kept clean in accordance with the Contract Performance Standards section. .. 10.1 Vendor shall maintain all project records as requested by the City /SMCRA. Vendor shall permit authorized representatives of the City /SMCRA to examine all data and records related to the project or according to the scheduled reporting periods. All project records prepared by Vendor shall be owned by the City /SMCR.A and be made available to the City /SMCRA at no additional charge. 6 01/15/1999 13:07 8957029 NOMIAMICITYATTY PAGE 10 10.2 Additional documentation of the project will be provided through passenger surveys. tt is the responsibility of Vendor to insure the cooperation of all personnel with any operational procedures pertaining to survey work including the distribution and collection of survey questionnaires, etc. 10.3 Vendor shall record on a daily basis and report weekly to the City /SMCRA all disruptions in service; late service; vehicle breakdowns; accidents; vehicle(s) out of commission and any other incident affecting service. 10.4 The trolley manager shall document passenger complaints and describe any actions to resolve such complaints on a weekly basis. 10.5 On a monthly basis, the trolley manager shall provide reports on ridership by route by trip to the City /SMCRA. 10.6 A complete and separate set of books, accounts and/or records shall be maintained by Vendor, which records shall show details of transactions pertaining to the management, maintenance and operation of only this system under the terms of this agreement. System transactions shall not be co- mingled with Vendor's other operations, if any. Vendor's records shall be kept with sufficient detail to constitute an audit trail to verify that any and all costs charged to the system created by this agreement are in fact due to operation pursuant to this contract, and not due to other operations by Vendor. The following items shall be delivered to the City /SMCRA by Vendor at least three (3) days prior to the start of service and are subject to approval by the City /SMCRA; 11.1 An operations manual for the System which documents all operation procedures and policies, including but not limited to the following: a. Vehicle operating procedures; b. Communications operating procedures; c. Driver conduct; d. Safety procedures; c. Accident procedures; .f. Administration and reporting procedures; g. Other operating procedures and policies as required for proper operation of the system. 11.2 Job description for drivers and administrative personnel. 7 01/15/1999 13:07 8957029 NOMIAMICITYATTY PAGE 11 11.3 Maintenance procedures for all vehicle(s). 11.4 Final transit system schedules. 11 .5 Training procedures for vehicle drivers. 11.6 Review and comment on schedules, routes and other issues relating to initial operation of the transit system in a safe, reliable and efficient manner. ., • Vendor shall indemnify, defend and save harmless the South Miami Community Redevelopment Agency, the City of South Miami, and their agents, employees, officers, and Commissioners, from or on account of any injuries or damages, received or sustained by any person or property during or on aeeouaof any operations connected with or arising out of this Agreement. Section 13. insurance Retirements. 13.1 Vendor shall be required to provide proper insurance as approved by the City /SMCRA. 13.2 In addition to any of the other obligations or liabilities, Vendor shall provide, pay for, and maintain in force the insurance coverages set forth below: a. Worker's Compensation Insurance for all employees in compliance with the 'Workers' Compensation Law" of the State of Florida and all applicable Federal laws. In addition, the policy(s) must include: 1) Employees' Liability with a limit of One Million Dollars ($1,000,000) for each accident. 2) Notice of Cancellation and /or Restriction — The policy(s) must be endorsed to provide the City /SMCRA as an additional insured and with 30 days notice of cancellation and/or restriction. b. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and must includes coverage regarding: 1) Premises and/or operations. 2) independent contractors. 01/15/1999 13:07 8957029 NOMIAMICITYATTY PAGE 12 3) Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4) Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum Iimits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5) The SMCRA and the City of South Miami are to be included as Additional Insureds. b) Notice of Cancellation and/or Restriction -- The policy(s) must be endorsed to provide the City /SMCRA with 30 days notice of cancellation and/or restriction. Business Automobile Liability for all vehicles supplied pursuant to this contract with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must include: 1) Owned vehicles. 2) Hired and non -hired vehicles. 3) Notice of Cancellation and/or Restriction —The policy(s) must be endorsed to provide the SMCRA and the City of South Miami as additional insureds and with 30 days notice of cancellation and/or restriction. 13.3 Vendor shall provide to the City /SMCRA Certificates of Insurance in evidencing the insurance coverage specified above. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this Agreement and section and paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this Agreement. If the initial insurance expires prior to the completion of the work, renewal Certificates of Insurance shall be furnished 30 days prior to the date of their expiration. In connection with the execution of this Agreement, Vendor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. E LL01/15/1999 13:07 8957029 NOMIAMICITYATTY PAGE 13 Section 15.15. Term of Agreement. 15.1 The Agreement shall be in effect from January 21,1999 through December 31, 2000. The Agreement may be extended at the sole option of the City / SMCRA upon terms to be agreed to by the parties. 15.2 The Agreement and continued performance of all phases of the Agreement is conditioned on the exercise of SMCRA and City of South Miami appropriations. ecti n 16 Termination of Agreement. 16.1 Upon determination by the City / SMCRA that Vendor has not complied with the teens of the Agreement, the City /SMCR.A reserves the right to notify South Florida of such noncompliance and immediately terminate the Agreement. Reasons for such termination may include, but shall not be limited to, the failure to provide service within agreed performance standards. 16.2 In addition to the City / SMCRA being able to terminate the Agreement as set out in Section 16.1 above, either party may terminate the Agreement at any time for convenience and without cause, upon .ten (10) days written notice. Upon such termination, the City / SMCRA shall only be responsible for payment based upon hours of use of the trolley, and Vendor shall not be entitled to lost profits, consequential damages or any other damages. Section 17, Consideration. In return for services specified herein, the City / SMCRA shall pay Vendor a monthly payment of $1,960 for the vehicle. Additionally, the City / SMCRA shall be invoiced on a semi - monthly basis by Vendor. Invoices shall be delivered to the City / SMCRA and shall be payable within ten (10) days of receipt, with a 2% discount for prompt payment. The rate of payment shall be $26/hour for the vehicle(s) and all services and responsibilities provided by Vendor pursuant to this agreement. The City / SMCRA shall have exclusive rights to all revenue from the sale of advertising on the inside and outside of the trolley(s) and on any promotional materials, and may contract with Vendor to provide advertising sales and service for the City / SMCRA. 10 v 01/15/1999 13:07 5957029 NOMIAMICITYATTY PAGE 14 Kul a •• •r, • l.. 1. IT. 19.1 The SMCRA and South Florida agree that during the term or any extension of this Agreement, the City / SMCRA may exercise an option to purchase a vehicle(s) from Vendor, upon terms to be agreed by the parties. Vendor recognizes the payment of $1 from the City / SMCRA as separate consideration for the option given to the City / SMCRA. 19.2 Vendor shall provide title to the trolley(s) free and clear of all liens or encumbrances_ 19.3 The trolley(s) shall come with a complete, bumper to bumper warranty. All parts and service under any warranty period shall be performed by Vendor. During any warranty work, a replacement trolley, satisfactory to the City / SMCRA, shall be provided, without charge. i Z•e All notices provided for shall be mailed, certified, return receipt to the following parties: To the City: SMCRA City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attention: Executive Director To the Contractor: Health Trans, Inc. A Coach USA Company 11077 N.W. 36* Avenue Miami, FL 33167 S. tion 21. LimilXim OfLiability The City and the SMCRA desire to enter into this Agreement only if in so doing the City and the SMCRA can place a limit on their liability for any cause of action for money damages due to an alleged breach by the City and the SMCRA of this Agreement, so that liability for any such breach never exceeds the sum of $25,000. Vendor expresses its willingness to enter into this Agreement with its recovery from either the City or the SMCRA for any damage for breach of contract or for any action or claim arising from this Agreement to be limited to a total maximum amount of $25,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Vendor agrees that the City and the SMCRA shall not be liable to Vendor for damages in an amount 11 01%1511999 13: 07 8957839 NOMIAMICITYATTY PAGE 15 in excess of $25,000 for any action or claim for breach of contract or for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in, any way intended to be a- waiver of the limitation placed upon the City's or the SMCRA's liability as set forth in Section 768.28, Florida Statutes. sS a,._ ,i The drafting of this Agreement has been a joint undertaking of the parties and no provision shall be construed, solely as a matter of judicial interpretation, more strictly against one party than against the other. Section 23. Amendment. No amendment, modification, or alteration of this Agreement shall be valid unless contained in a written agreement executed by the parties. Section 24. Effective Date. The effective date of this Agreement shall be the date upon which the last party has affixed its signature. Section 25, Laws and Venue The laws of the State of Florida shall apply to this Agreement and any action shall be brought in the courts of Miami -Dade County, Florida. HEALTH TRANS, INC. CITY OF SOUTH MIAMI, FLORIDA By: By; RATIFIET) AND AGREED TO: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI By: 12 . ...... CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and Commissioners From: Charles Scurr City Manager Date: January 14, 1999 Agenda Item #__J 0 Subject: Commission Meeting fav January 19, 1999 IhtOrlocal Agreement -for Transportation Miami-Dade County requires municipalities to enter a interlocal agreement when providing route service such as the trolley service we plan to implement here in our City. Mr. Dellagloria is working with the County Attorney's office, and has a draft agreement (attached) to present to the Mayor and Commission for consideration. We ask for your -approval to finalize negotiations and present the agreement to the City Manager for execution as soon as possible. County officials have indicated that we may begin operation of the service under an emergency permit pending findl execution of the agreement. Recommendation-- Approval 1 RESOLUTION NO, 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING 5 THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH 6 MIAMI-DA-DE COUNTY FOR TROLLEY SERVICES IN THE 7 CITY'S REDEVELOPMENT AREA. 8 9 WHEREAS, the South Miami Mayor and City Commission approved the 10 execution of a Trolley Agreement for service within the Community Redevelopment 11 Agency area; and 12 13 WHEREAS, the Mayor and City Commission wish to enter into an Interlocal 14 Agreement with Miami-Dade County for such service. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 17 COMMISSION OF THE CITY OFSOUTH MIAMI; FLORIDA: 18 19 Section 1. That the City Manager and City Attorney are authorized to 20 negotiate and execute an I riterlocal Agreement with M i iami Dade County, in the form 21 attached as Exhibit for the provision of trolley services n the City's Community 22 Redevelopment Agency area. 23 24 -2-5 26 27 28 29 30 31 3-2 33 34 35 36 37 38 39 40 41 42 43 44 Section -2. This resolution shall take effect immediately upon approval-, PASSED AND ADOPTED by the Mayor and City Commission this -day -of 1999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY MAYOR 01/14/1999 14:52 895709 NOMIAMICITVATT;' PAGE 02 JAN.14.1999 ii :SSAM PLANNING & SCHED NO.@4C P.2 Draft January 14, 1999 Interload Agreement Between Mani -Dade County and the City of South Miami for the Provision of ]Public Transportation Services This is any Interlocal Agreement, made and entered into by and between: Miami Dade County, a political subdivision of the state of Florida, hereinafter referred to as "the County," and the City of South Miami, a municipal corporation of the state of Florida, hereinafter referred to as "the City„ WrMESSETH: WIMREAS, traffic congestion in downtom South Miami has been a significant concern to the residents of South Miami and southwest Miarni Dade County, and is more of a concern with the opening of the Shops at Sunset place; and WHEREAS, many of the residents of Souith Miami do not have my-access to existing transit services due to linihed mobility; and WHEREAS, the provision of regularly scheduled transit cit+culator service will connect with existing Miami Dada Transit Agency (NMA) services and help increase the use of services provided by MDTA and WHEREAS, the City has sponsored and is willing to provide an alternative form of supplemental public transit in the City and has budgeted the necessary funds to so provide; IN CONSIDERATION of the mutual tetras, conditions, promises, covenants and payments hereinafter set forth, the County and City agree as follows; 01/14/1999 14:52) 8957029 NOMIAMICITYATTY PAGE 03 JAN.14.1999 11 =56AM PLANNING & SCHED N4.040 P.3 ARTICLE i DEFINITIONS 1.1 ,ADA" shall mean the Americans with Disabilities .Act of 1990, as amended. 1.2 "contractor" shall mean any entity, public or private, providing public transit services as described in this Agre"aant udder contract to the City. 1.3 "Shuttle" shall mean fixed route or setni-fixer route public transportation circulator services where at least seventy (70%) percent of the route is within the City and said circulator service is operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of the Code of Miami -Dade County. 1.4 "The County" shall include Miami -Dade County, the Miami -Dade Transit Agency, the Miami -Dade Consumer Services Departreent, and authorized representatives thereof. 1.5 "The City" shall mean the City of South Miami and authorized representatives thereof. 1.6 "FDOT" shall,meai the Florida Department of Transportation and authorized representative thereof. 1.7 'W DTA" shall mean the Miami -Dade Transit Agency and authorized representatives thereof. 1.8 "USDM' shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof, 1.9 "PTA' shall mean the federal Transit Administration, its rules and regulations, and representatives thereof. 1.10 . "CSD" shall mean the Consumer Services Department of Miami -Dade County and authorized representatives thereof. 1.11 "PRTD" shall refer to the Passenger Transportation Regulatory Division of CSD. 1.12 "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR Section 5335 (a), as may be amended from time to time, and found in the National Transit Database Reporting Manual published by the FTA. 1.13 "Fares" for shuttle service shall mean individual transportation fees paid by public transit passengers in accordance with a schedule of fates adopted by County Ordinance. 01/14/1999 14:52 8957029 NOMIAMICITYATTY PAGE 04 3AN.14.1999 11:57AM PLANNING & SCHED NO.04W H.4 W I-Iyflx� 2.1 COMID119—n-cc with bpgji" ws a Re anions. The City and its contractors, if any, shall comply with all existing and future laws, statutes, Ordinances, Codes, rules, regulations, and procedural "bW=W, whether federal, state, or local. which are, applicable to, or in any manner affect, tho provision of South Nfiami transportation services. IU City shall be a assi 11 responsible fear ens compliance Of its eMP1O7e0ScOA"AW8, Wnt , Or Ps with a applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDTA and CSD. The City shall be responsible for obtaining copies of the approprhft laws, regulations, ordinances, and documents and complying therewith. 2.2 The COMMULOMAM Prior to the commencement Of the Shuttle under this Agreement, the City and/or its contractors, if aqp* shall have current and valid certificates of transportation, penmits, and ebauffeur registrations as rNuired by Chapter 31 of the Code of Miami Dade County. The My and its contractors shall maintain such certificates, registrations and permits cmmt during the period of this Agreement. In no event shall the City or any of its contmaors provide any transportation services contemplated by this Agreement until any and all County reguldory reqdrements are satisfied. 2.3 Vehi—cle, i.icensna. All vehicles utilized to provide transportation services shall at all times be properly licensed and permitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall comply with all safety, mechanical, and vehicular standards mandated by any applicable county, state, and Moral, requirements including, but not Hmitedto, all safety, mechanical, and vehicular standards mandated by MDTA and CSD. 2.4 Vehicle Stg%M& Vehicles shall comply with all of the requirements contained in Chapters 30 and 31 of the Code of Miami-Dade County, pertinent state statutes and other directives as may be prescribed and required by CSD or MDTA. All vehicles utilized to - provide transportation services authorized by this Agreement shall at all times display a current and valid county permit and shall comply withsafty, medhanical,-and vehicular requirements mandated by applicable oounty, state, or federal requirements,, including ADA. 2.5 Chauffeur MuireMM. Vehicle chauffeurs shall at all fi= have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety, mechanical, and vehicle standards mandated by applicable county, state, and .federal requirements and as may be presoibed and required by CSD or MDTA. 0 01/14/1999 14:52 8957029 NOMIAMICITYATTY PAGE 05 JAN.14.1999 11:58AM PLANNING & SCHED NQ.U4W P. � 2.6 Proof o£ Q9_M_pIiMU_c0_PdOr to QW-4410- The City and/or its contractors' if any' shall Provide the County with proof of - complimm with licensure, insurance, and any other requirements macndated by the Code of Miami Dade County, state statute, or federal law prior to :commencement of the Shuttle. 2.7 bMh pie of SMj;&g§okRe Moghft. The parties agme that this A9100mcut is a contract for the purchase of transportation services provided by the City for the benefit of the County. City employees, agents, and contractors providing, ttransportation services shall be considered to be, at atfms, solely WVIOYeft, agents. and contractors of the City under its sole direction and not employees, agents, or ca*actors of the County. 2.8 CM&qpce with. The City's Shuttle services shall comply with all applicable requirements of the ADA. To the extent that any tam in this Agreement are in conflict with the ADA,, the requirements of the ADA shall control. 2.9 Compliance -w-IA Prot qMwent BOMiMM eats. The City agrees to comply with applicable foderal and state procurement requirements, as may be amended from tim to time, when entering into contracts with diW parties to fulfill the obligations under this Agreement. 2.10 Cop 'ght iQ_S "bil RMosgjj pd Bids. The County shall be given the Opportunity to bid upon any Requests for Proposals, Requests for Qualifications, or Requests for Bids which the City shall issue regarding the provision of transportation service, and shall be considered, along with private contractors, for provision of services to be provided by the City pursuant to this Agreement. 2.11 PWK-f MLWO_flaJW& and . In accordance with the Code of Miami :Dade County, the City shall certify that it will have a drug-ftee workplace program. Further, the City shall require pre-employment drug testing and other periodic drug testing for all persons holding safety-sensitive positions, as defined by USDOT, related to transit operations. Effective upon execution of the Agreement, the City shall require that its employees and contractor, if applicable, comply with all applicable requirements of the USDOT regulations for drug and alcohol testing. To the event that any terms in' Ns Agmement are inconsistent with the USDOT regulation, the requirements of the USDOT shall control. 2.12 City &MM The City shall "pate individual(s) to act as liaison to the County and notify the County thereof. The City shall promptly notify the County of any changes. 2.13 Caunty Representative, The County shall desfgnwx individual(s) to act as liaison to the City . and notify the City thereof. The County shall promptly notify the City of any changes. 01/14/1999 14:52 8957029 NOMI�tMICITYATTY JA°i.14.1999 11 =59AM PLANNING & SCHED PAGE 06 Nv. ��tO 2.14 Aaxmdments or_=dification- Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this Agreement must be in writing and shall require the signatures of the County Manager and the City Manager, or their designees, subject to authorization by their respective Boards. Notwithstanding the foregoing, amendments to this Agreement regarding alignments, schedules, and fares, as described in Section 2 -150 (c) of the Miami -Dade County Code, may be approved by the County Manager and the - City Manager, or their.designedes. wll� V C4�J 3.1 Provision of South Miami ShVttle Jgyioes. The City shall provide South Miami Shuttle public transportation services on one or more routes within the City of South Miami and adjacent municipalities as contained in Exhibit "A" and schedules contained in Exhibit `B ", copies of which are attached hereto and made a part thereof. Any changes to Exhibits "A" or `B" shall be consistent with Chapter 31 of the Code of Miami-Dade County and be effective only upon the written consent of this County Manager and the City Manager,. or their designees. The City shall not provide shuttle services on additional routes without approval of the Miami -Dade County Board of County Commissioners except as described in Section 2- 150(c) of the. Code of Miami -Dade 'County. 3.2 Eq_n. The City's shall OPMUM the Shuttle eide wit charging a passenger+ shuttle fare OftW in accordance with public transit fares established by the County, as may be -modified from time to time pursuant to Section 2 -150 of the Code of Mianvi :Dade County, Notwithstaa -ding the foregojag_the City tnav uoan approval of the pursuant to Section 2 -150 of the Cade of Miami Dade County. ne r may yg�e a fare other that a fare established Miami: Dade CST$® City shall accept NDTA passes, transfers or identification entitling a passenger to ride a Metrobus without paying any additional fare. --�-he t ity 1 Refify the Gwmty of " five it is 3.3 ConMfiM 4 Coo anon w h ,fit_ C_anty Bas 1t. The Shuttle shall connect, at a minimum, with regular County Metrobus routes at points where the routes intersect, merge or diverge, as specified in Exhibit "A!". Shuttle operating schedules shall be coordinated with existing County Metrobus service to the extent possible. 3.4 C g=Uon �f Rourke 1n ThW FW!M The City shall be responsible for ensuring that Shuttle routes are operated in their entirety with no deviation from the approved routes and schedules. 01/14/1999 14:52 995709 NOMIAMICITYATTY RAGE 07 JAN.14.099 12 -ooPM PLANING & SCHED NO.040 P.7 3.5 Shuttle Shown on Counter 1$ns SEWA The County shall include the Shuttle on the County's Translt.Map. Such inclusion shall commence with the regular publication of the County's Transit Map next occurring after commencement of the Shuttle operations. The County shall also provide information on the City's Shuttle, through UDTA's routine and customary public information dissemination processes, including its transit information telephone seirvicq. 3.6 ISO a of ShUMe MOURNS the County shall make available to its Metrobus, Metroraii, and Metromover passengers maps and schedules provided by the City to MDTA. 33 PianniLig and Sc g of Ste a Roo , . The County, through the MWA Director or his designee, may assist the City staff with technical. support for planning and scheduling of Shuttle services. 3.8 Non m erence aW . The County and the City hmby mutually agree not to interfere with or unreasonably impede the free flow of pedestrian movement or of each other's public transit vehicular traffic or passengers accessing of egmssing Metrobus or Shuttle in- service vehicles. 3,9 Use o The City, may wish to design a logo uniquely identifying its Shuttle. If do it does so, such logo shall at all times be displayed on the. exterior of all vehicles operating pursuant to the Agreement. The County shall allow the display of the Shuttle logo on the County's bus stop signs at all stops common to the City and the County bus routes. 3.10 Bus SWR Signs ad-ftagM. ,The City may provide, install, and maintain bus stop signs and signposts at Shuttle stops along the City's Shuttle routes. In the event that the City, its contractor, licensee, permittee, or assignee installs Shuttle, sign ' facilities that can accommodate Metrobus bats stop information, the County may elect to utilize the +City's sign facility to display Metrobus bus stop information. 9 such election is made, MDTA shalt provide to the City the materials to be displayed on the bus stop sign facility, in the size and format to be specified by the City, and the City_will ' remove the County's„signs and return the signs to the County. The City shall be responsible for installing the Metrobus bus stop information in/on the bus stop sigh facility. G 01/14/1999 14 :52 89570-09 NOMIAMICITVATTY JAN.14.1999 i2z®1PM PLANNING & bCHLU ' ARTICLE 4 UWz 111,111 1 PAGE 08 1W. VJ4✓.J r.0 4..1 R.epordng RggWMmts, The City shall collect or assure the collection of all information required for Federal and State reporting purposes, and shall provide collected and complied information to the County no less often than quarterly. 'The City shall annually prepare and submit audited National Transit Data Base reports as required by the USDOT and submit to the County a copy of said reports no later than ninety (90) day& after the close of the County's fiscal year. 4.2 Additional Information. The City shall provide additional information and the Shuttle operations as requested by the County with► thirty (30) days, unless a dif cent time period is agreed upon by the City and the County. The parties hereto acknowledge that the City is a self- insured governmental entity subject to the limitations of Section 769.29, F.S. The City shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accorttance with the provision of Section 768.28, F.S. The City shall collect and keep on file documentation of insurance of any and a private providers opermting the S®uth Miami Shuttle routes. In the event that the City contracts with a private vendor for services, the City shall regWre contractor to meet the insurance requirements found in Exhibit "C ", as a minimum. The City shall further require the private operator to include dm County as a named insured and shalt provide the County with a copy of the insurance policy purchased by any contractor prior to the provision of Shuttle operations. ARTICLE 6 1 10 1- 1 6,1 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents or instrumentalities may incur 61/14/1999 14:52 895762 P 9 NOMIAMICITVATTY AGE 69 JAN.14o1999 12.02PM PLANNING & SCHED NU. L140 r as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the negligence of the City and/or its officers, employees, agents or instrumentalities, during the term of this Agreement. The City shall pay aIl claims and losses in connections 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, judgnronts and attorneys' fees which may issue thereon. The City expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the City shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or inst ru enmlities as herein provided. Nothing herein shall be deemed to indemnify the Cowry from any liability or claim arising out of the negligent performance or failure of performance of the County, its officers, employees, agents or instrumentalities . or any other' related third party. This paragraph is subject to the limitations of Section 768.28, F.S. 6.2 The County shall, to the extent pm -9tted by law at all times hereafter, indemnify and hold h"ess the City, and its officers, agents, employees and instramentalities from any and all liability, claims, losses, and causes of action, including attorneys' fees and costs of defense which the City 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, or relating to or resulting from the negligence of the County and/or its officers, employees, agents or instrumentalities, owing the term of this agreement, The County shall pay all claims and losses in connections therewith, and-shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The County expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the County shall in no way limit the. responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the City from my liabilityor claim arising out of the negligent performance or failure ofperfomunee Of the City, its officers, Mployeas, agents or instrumentalities or any other related third party. This paragraph is subject to the limitations of Section 768.28, RS, 6.3 In the event the City contracts for transportation services authorized by this Agreement, the contractor shall, in its contract with the City, be required to indemnify and hold harmless the County, and its officers, eats; employees and instrumentalities f ni any and all iiability, claims, liabilities; losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the provision of transportation services by the contractor and/or its officers, employees, agents or independent contractors. The contractor shall be required to pay all claims and losses in connection therewith, and shall investigate 01/14/1999 14:52 69570219 NOMIAMICITYATTY PAGE 10 JAN.14.i999 12.04PM PLANNING & SCHLD NU.U4U and defend all claims, suits or actions of any Mad or nature in the name of the County, where appricable, including appellate proceedings, and shall M -all-costs, Judgments and attorneys' fees which may issue thoreon. The City shall require that the contract between and City and the contractor include a provision which states that the contractor expressly understands and agrees that any insurance protection required by this agreement or odiuvase provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County from any liability or cUim arising Ing Rity i out of the negligent performance of the County, its officers, employees, agents or instrumentalities or any other related third party. FINANCIAL ASSISTANCE 7.1 grant Mg&Ll ing DM& The City shall provide grant: matching funds for stao and/or federal grants for capital or operating funds to be used for the Transportation Services. The County, upon agreement with the City, may, but shall not be required to, provide all or part of cash or other types of matches required for state and federal grants which may be received by the City for the Shuttle, or for expansion of the Shuttle, in 2000 and future years. 77 ®2 Bus. fteltws Md&nches. The City shall provide, install, and maintain bus shelters, benches and other bus stop furnishing at those Shuttle stops along the city's circulator routes where the City, or its contractor, feels MU there is a need for.such furnishings. Z-3 BaUtop-s and Bus Bay, .-Oj,bj-2m . The City Shall provide, install, and maintain bus stop sites, including bus bays or pull-outs at Shuttle hops along the City's circulator routes, provided that any proposed bus bays or pull-outs and any proposed modifications or reconfigurations, to existing bus bays or pull-outs shall, be first reviewed and approved by the County. 7.4 City's &M of -Supalsm-cmW Eqdag ftrAftz. Beginning with the first year in which the Shuttle's operating statistics are reflected in the National Transit Data Base, where, those operating statistics result in now or supplemental federal funds flowing to the County, and where those new or supplemental funds are solely attributable to the Shuttle's properly reported operatiou, the County agrees to pay the City its attributable share of federal formula funds received from USDOT no less than sixty (60) days after funding is received from the federal government, less any direct grants received by the City from the County for the Shuttle, provided that the funds remitted to the City herein shall be used for the expansion, enhancement or maintenance of the Shuttle program. 01/1401999 14:52 8957029 NOMIAMICITYATTY PAGE 11 JAM.14.1999 2:05PM PLANNING & SCHED NV.U4U H.11 As used herein, the City's'stUibutable share shall be one half of the amount oqpivalent to those Supplemental urbanized Am Formula Funds, as desetibed in 49 U.S.C, section 5347, as may be amended from time to time, that the County received as a direct result of Shuttle .operations provided by the City pursuant to this AgMment and as included in the National Transit Data Base., Said attributable share shall be calculated utilizing the following formula: Multiply the City's properly reported annualized Bus Revenue Vehicle Miles statistic that was used in the apportioned federal program for a fiscal year by the "Unit Value for Bus Vehicle Miles for Urbanized Amos over 1,000,000 as reported in the table Of Unit Values for Fomuila Grant Apportionments, published annually in the Federal Register, and then multiply that amount by 0.5. NOTE: Historically, apportioned funds we allocated to the County two (2) Years after Bus Revenue Vehicle Miles are reported to federal government.' 7-5 OV—'s. 5hKO- of &MkM0_W - S-M &UdiRL In the event that the Shuttle operations contribute to an Increase in the CountykState transportation funding, beginning with the first year in which service is reflected in State's reporting system, the County agrees to pay the City its attributable share (one half of the supplemental hinding), as defined in paragraph .7.4 above, of new or supplemental State 7ransportation Block Grant funding received by the County from FDOT no less than sixty (60) days after funding is received fronkAe State less any direct grants received by the City from the County for the Shuttle, The State funding formula can be found at Section 341.052(6), F.S. KV, 4 V C 20 A A J TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS 8.1 .1eamm gfA9mLn_is9. This Agrannerit shall commence upon approval of the Board of"County Commissioners and tbe, City Commission of the City of South Miami and the execution by the County Manager and authorized City Manager and shall remain In force for two YOM thereafter, This Agreement is subject to three one-year options to renew, by agreement. -between the County Manager and the City Manager. 9.2 Rene gotiation or bM Any substantive changes in the level of service to be provided by the City as set forth heroin shall only be implemented after the County and the City have entered into a written agreement describing the changed services and the provisions of the County Code have been exercized. 10 01/14/1999 14;52 8957029 NOMIAMICITYATTY PAGE 12 3AN.14.1999 i2 -06PM PLANNING & SCHED NO.U40 P.12� 8.3 Title VI and VII Civil Rights Act of 1964. The City and its Contractors sball not discriminate against any person because of race,. color, sex, religious background, ancestry , or national origin in the performance of the Agreement. 8.4 Termi ation f : Cause. This agreement maybe terminated for cause by either party upon no less than thirty (30) days written notice to the other party, except when Shuttle operations are in violation of health and/or safety- related provisions of state statutes or the Codes of Miami -Dade County, in which catie termination shall be as determined by the County Manager, Said notice shall be delivered by verified facsimile transmission or certified mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for termination within the notice period, in which case the terminating party may cancel the termination notice using the same means by which the notice of termination delivered. 8.5 Termination without Cam. The County or the City may terminate this Agreement without cause upon no less than one hundred twenty (120) days written notice to the other party. if the County or the City terminates this Agreement with or without cause, the City agrees to reimburse the.County on a prorated basis for financial assistance it has received for the year. 8.6 NS8jces, All notices 'and other comraunications required to be remitted pursuant to this Agreement to either party hereto shall bo in writing and shall be delivered by verified facsimile transmission or certified mail, return receipt requested, to the parties at the address indicated below: a, a e• e Izo Miami -Dado Transit Agency 111 N.W. 1st Street Suite 910 Miami, FL 33128 Attention: Director, Miami Dade Transit Agency Fax: (305) 3754605 FOR CITY OF SOUTH MIAMI; City of South Miami 6130 Sunset Drive South Miaud, FL. 33143 Attention: Charles Scurr, City Manager Fax 303- 663 -6345 11 01/14/1999 14:52 8957029 NOMIAMICITYATTY PAGE 13 JAN.14.1995 12:07PM PLANNING &.SCHLI) NV. 0416 Fl. IJ 8.7 ' Nance ofPavea. The name, of the, official payee to,whom the County shall issue checks shall 'be the City Of South.Miami. 8.8 'CgUlete an Binding , agreement .Lft AgMg= This writing embodies U full and complete of the parties. No other terms, conditions or modifications shall be binding upon the parties unless in writing And signed by the parties. 8.9 Execution our (4) counWrparts, each of which shall be This document shall be executed in f deemed an original. 8.10 9m&mjqg law. This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS MOF, the parties hereto have made and executed this Agreement on the respective dates under each signgure: ATTEST. Harvey Ruvin, Clerk By: Deputy. Clark Approved as to Form and Legal Sufficiency By Assistant County Attorney M FOR THE COUNTY: Miami -Dade County, A political subdivision of the State, of.Florida By its Boad of County Commissioners By: County manager , Date Executed.- 01/14/1999 14:52 8957029 NQMIAMICITYATTY PAGE 14 .J HN .14 , 9 J%J'!O 'le -' O f t'1"i t LFiiVIV IM bi—M IJ I Vj . eevx, r . .04 ATTEST: FOR THE CITY: City of South Miami, a political subdivision of the Mate of Florida By: City Clerk By: City Manager Date EXCcuted. 13 Mayor and Clt- Dais: Januai-v '0, 1999 Commission Dell PoxverEdg-. 4300 450XlHz Senjer, $12,853.00 Dell xP6450 GXlp/T+ Desk Top I @ $2,200.00 $ 2,200.00 Dell P6450 G-.-Kltp/T+ with scarmer 3 (d $ 2 IL17 68 7.2- 1 $ 8,061.78 2-6 Dell PO'333 GIL+ Desk Tops 8 $1,259. f1 $lOffl2.00 TOTAL $33,186.78 w2c=T The Police Departs entt is requesting to purchase th e a omp, ter system from Dell Computer e c Corporation for a sum not to exceed $34,000.00 pursuant to the 1998-1999 bukaet, from Account 615-119.10-1021-4630 (Federal Forfeiture Funds)- The purchase is under Florida State contract number '25004991. There will be S 67,930.48 left in this account. I recommend approval of this agreement. 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PASSED AND ADOPT ED this dad' al , 1999. CITY CLERK MAYOR CITY ATTOW-4EY 81/00/99 13:85:59 DELLFAX 5 -1 -> 385 653 5337 DELL COMPUTER CORP Page 801 Al t 5� mw DATE: January 8 1999 TO: DAIS SOLARNO COMPAM:CITY OF SOUTH MIAMI PHONE #: 4305) 663 -6339 EXT FAX #: (305) 663 -6337 FROM: KATHERINE" GROCE' COMPANY:DELL MARKETING L.P. PHONE #:(800) 981 -3355 EXT 40916 FAX #: (800) 433 -9527 '7RL : THANKS KAT X40916 DELL bLkRKETING L.P. (800) 981 -3355 EXT 40916 ONE DELL WAY, ROUND ROCK, TX -78682 (800) 433 -9527 SALES REP FAX 01/88/99 13:06:28 DELLFAX 5 -1 -> 305 663 6337 DELL COMPUTER CORP Page 802 -111"Iro M6 Y L Q u TATIOIN P"qpqm DAN SOLARNO CITE'' OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 January 8 1999 #SKU QT'�' DESCRIPTION UNIT EXTENDED �- PRICE PRICE - - -_ ---{� - - - -- 220 -0621' 1� Dell P6333Cel 66 FSB G1L+ Base 1,259.00) 1,259.00 W /Integrated 2MB Video Memory, Integrated 128K Cache and Integrated WuOL 10 /100 Nic 310-0007 1 Mouse Pad l 310-1250 i 11 Logitec System Mouse, 2 Button i Optiplex, Factory Install 310 -1259 1 Win95 Spacesaver Quiet Key, 104 Key 'Keyboard, Factory Install 310 -3621 11 Reduced Documentation for G1 Systems, Factory Install 310 -3641 j 1 Open Manage Client, West, No Diskette, Factory Install i 311 -0555 1� 64M$,Non- ECC,SDRAM,IDIMM,G1, I ` Factory Install 313 -0539 1- 14- 32X,CD- ROM,IDE,G1, Factory Install 320 -5411 1 Dell 100OLS 17" Color Monitor With 15.9" Viewable Image Size I` Model #D102$1 for Dell, Factory Install � - 340 0710 1 I I 6.4GB EIDE Hard Drive,G1 /L, Factory Install 340 -0718 1 3.5" 1.44 MB Floppy Drive Factory Install i For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide KATHERINE GROCE you with faster service when you are ready to place your order. Prices and tar, rates are subject to change. Quote #: 23767643 Business 3167471 Business and Personal Leasing provided by 061 Financial Services, an independent entity. Leasing Documentation Fee $55 DELL MAMTING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 40916 (800) 433 -9527 SALES REP FAX ssv -c .01/33/99 13:07:23 DELLFAX 5-1-> 305 663 6337 DELL COMPUTER CORP Pd9C 003 DAN SOLAR1q0 CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINKNCE DEPT SOUTH MIAMI, FL 33143 40' January 8 1999 SKU # :QTY! DESCRIPTION UNIT PRICE EXTENDED PRICE 420-0137' FAT32, File System, Windows '9X, Factory Install 420-2087 11 Windows '98, English, W/CD And Documentation For Optiplex Systems, Factory install 430-0121 1 Passive Expansion Riser for GI L Systems, 1 PCl/iShared/ 1 ISA, Wake up on Lan, Factory Install 900-1730 ii SelectCare, Next Business Day. 1 .00, .00 On-Site Service, Initial Year, Wang 900-1732 1' Selectcare, Next Business Day .00 00 On-Site Service, 2 Year Extended, Wang This quote is subject to the terms of the agreement signed by you anti Dell, or absent such agreement, is subject to the 1 applicable Dell standard terms of sale. SUB TOTAL 1,259-00 TAX .00 SHIPPING & HANDLING ,00 OTHER .00 Thank you for calling Dell TOTAL $1,259.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number arld your customer number which will provide you with faster service w . rien you are ready to place your order. KATHERINE GROCE Prices and tar, rotas are sucisct'c change. Quote #; 23767643 Business and Personal Leasirg prol by Dell Financial Services, en irdsoendentertity. Customer #: 3167471 Leasirg Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 4G916 (800) 433-9527 SALES REP FAX WN /99 13:08 :19 DELLFAX 5 -1 -> 305 663 6337 DELL COMPUTER CORP Pane 004 0" M Q DAN SOLA;U,10 CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 SKU # ; QT`S' 220 -8770' 1 310-• -0007 1 1 310 -3019 j 1 310 -1234 1 i 310 -3641 ! 1 310 -3659 i ! 1 i 311 -0628 i ! 1 i ! 313 -0276 ! 1 313 -0545 1 i 313 -0546 1 DESCRIPTION Dell P6450 GX1p /T+ Base (100 MHz FSB) ,w /8Mi3 Int.Video Memory,Int. Audio,Intg.10 /100 WuOL Networking,512K Cache Mouse Pad Microsoft System Mouse WIN95 Spacesaver Quiet Key, 104 Key Keyboard, Factory Install Open Manage Client! West,. No Diskette, Factory Install Reduced Documentation for G1 1GX1p Systems, Factory Install 128MB, ECC, SDRAM; 1 DIMM, 1001-vHz GXlp M /MT, Factory Install Marmon Kardon HK195 Speakers for Dell Optiplex, Factory Install 17 -40X =, -ROM, IDE, GXlp(M /MT) Factory Install 64 PCI Audio Card, w/o Cable, for Optiplex Systems, Factory Install January 8 1999 UNIT PRICE 2,200.00 EXTENDED PRICE I For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide KATHERINE GROCE you with faster service when you are ready to place your order. Frioes and tax rates are subject to change. Quote #: 23767644 Business and Personal Leasing provided by Dail Financia! Services, an independent ertity. Customer # : 3167 471 Leasing Documentation Fee $55 2,200.00 DELI, MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 40916 (800) 433 -9527 SALES REP FAX ggv-; 01/00/,99 13:99:12 DELLFAX 5 -1 -> 305 663 6337 DELL COMPUTER CORP Page 00S a V"U""TATION DAN SOLARNO CITY OF SOUTH MIAMI 6130 SUNSET DR. DI`i OF P;3RCH FI14ANCE DEFT SOUTH MIAMI, FL 33143 January 8 1999 j , ## + UNIT EXTENDED _ { Si QTYI DESCRIPTION I I i --- I PRICE - - - - -� PRICE --_ ---- - - - - -- �' � 320-5411' �. Dell 1000Ly 17" Color Monitor f�f-- With 15.9" Viewable Image Size j l Model #D10281 for Dell, ' Factory Install j 340 -0701 1 ' 3:5" 1.44MB Floppy Drive, 1 Factory Install 1 340 -0945 11 14.4GB Hard Drive,EIDE,7200RPM j 400/450 t9Hz, Factory Install. 420 -0137 1! FAT32, Pile System, f Windows 19X, Factory Install i j 420 -2087 11 Windows '98, English, W /CD And l Documentation For Optiplex l Systems, Factory Install I 430 -0162 1i Active Expansion Riser for CX1P /T Systems 3 PCI /2 Shared l 2 I SA. Wake up on Lan, 1 Factory Install 900 -1730 yIII SelectCare, Next Business Day .01) 00 j On -Site Service, Initial Year, Wang 900 -1732 1 i SelectCare, Next Business Day j .00 .00 l On-Site Service, 2 Year � 41016 -49 1 Extended, Wang HP SCANJET 6250CXI A C 3 487.26 I 487.26 i i For your convenience, we have listed your sales representative, your quote number and your customer number whicr) will provide you with taster serAce when you are ready to place your order. Frices and tax rates are subj90t tc change. Business and Personal Leasing provided by hell =inancia Sendoes, an independent ertity i.easirg Gocumen,abon Fee $55 Sales Representative: KATHERINE GROCE Quote #: 23767644 Customer #: 3167471 DELL MA MTING L.P. ONE .DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 EXT 40916 (,800) 43? -9527 SALES REP FAX �ti.� .91/BB/99 13:10:06 DELLPAX S-l.-> 305 663 6337 DELL COMPUTER CORP Page 086 IFM QU"'TATION DAN SOLARNO January 8 1999 CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURZE FINANCE DEPT SOUTH MIAMI, FL 33143 i SK-7 # I QTY DESCRIPTION This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale, TJN IT EXTENDED PRICE I PRICE SUB TOTAL 2,687.26 TAX .00 SHIPPING & HANDLING .00 OTHER .00 Thank you for calling Dell TOTAL $2,687.26 For vout convenience, vje have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when ycLi are ready t---v place your order. KATHERINE GROCE Quote #: 23767644 Prices and tax rates are subject iv chainge. Business and Personal Leasing provided by Cel; Financial Services, an Irdependent entity. Customer 3167471 Leasing Documentation Fee $55 DELL M-k%MTING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 4C916 (800) 433-9527 SALES REP FAX MY-C 81/88/49 13:10 :44 DELLFAX 5 -1 -> 305 663 6337 DELL COMPUTER CORP Page 887 QUOT.A."..r. DAN SOLARNO CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 January 8 1999 SKU # iQTY — �- DESCRIPTION - - -- -- UNIT PRICE EXTENDED PRICE 220 -0608' 1 —__ - -- -- Dell PowerEdge 4300 Redundant 11,018.00 11,018,04 Base, j 450MHz Processor with 512K Cache 310 -0016 1 Logitec System Mouse w /Driver Disks,Factory Install r 310 -0181 1, Tower Option,, Rubber Feet for Dell PowerEdge 4300 %6300, j Factory Install i 310 -0284 Uninterruptable Power Supplv, i 1400, Stand Alone, Factory Install 310 -7002 1 i Quietkey Keyboard,Factory 1 Install 311 -0432 11 Dell PowerEdge 2300 /4300, 45OMHz /512K, Second Processor, Factory Install � 311 -0465 1 6 Bay Hard Drive Backplane, 1.6" or 1.0 ", for Dell PowerEdge 6300, Factory Install j 311 -0706 1 512HE3 RAM,2 DIMMs, for Dell !f i PowerEdge 4300, Factory Install 313 -0252 1 14/32X SCSI. CD ROM, for Dell PowerEdge 6300, Ist CD--Option, For your convenience, we have listed your sales representative, your quote number and your customer number which will provide with ith faster service when you are ready to place your order. Prices and tax rates are subject to changa. Business and Personal Leasing provided by Ceil F nancial Services, an independent entity. Leasing Documentation Fee $55 Sales Representative: KATHERINE GROCE Quote #: 23768861 Customer #: 3167471 DELL MARKETING L.P. ONE DELL TAT.A.Y, ROUND ROCK, TX 78662 1800) 981 -3355 EXT 40916 (800) 433 -9527 SALES REP FAX RZv -C 81/09/99 13.11;42 DELLFAX 5 -1--> 385 663 6337 DELL COMPUTER CARP Page BBB QUOTATI""N DAN SOLARNO CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 January B 1999 SK U # - - --a QTY -- DESCRIPTION - - - -�._ — -- _-- RICE ` EPRINDED CE — ' -- Factory Install - �_ 320 -0056 1 U1traScan 1000HS, 1711, Model D1025TM with 16.0" Viewable Image Size, Color Monitor 340 -0608 1 1.44MB, 3.5" Floppy Drive, i for Dell PowerEdge 6300, i Factory Install 340 -0609 , 1 12/24GB DDS -3 DAT Internal Tape Back Up, Black, for Dell PowerEdge 4300 Factory Install 340 -0798 1i PowerEdge Expandable RAID Controller (PERC), 16MB PCI, f 1 Internal /l External Channel, i Factory Install l 340 -0825 1i 3'X 9GB %VD SCSI Smart Hard Drives, 7200RPM, for Dell j PowerEdge 6300, Factory Install 340 -5946 1 Config #4, RAID 5, j for Dell PowerEdge 4300, j Factory Install 365 -1234 1 ReadyWare Factory Installation Service f 430 -0111 i 1� Intel Pro 1,00 Plus Ethernet Network Card, For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide KATHERINE GROCE you with faster service when you are ready to place your order. Prices and tax, ates are subject to change. Quote #: 23768861 Business and Personal Leasing provided by Cell Financial Services, an irdependent entity. Customer # : 3167 471 Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981 -3355 E.XT 40916 (800) 433 -9527 SALES REP FAX ss,.c 91/88/99 13:12:35 DELLFAX 5 -1 -> 385 663 6337 DELL COMPUTER CORP Page 989 QW T 0"�L U OTATION DAN SOLARNO CITY OF SOUTH MIAM.T 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 January 8 1999 SKU # jQTY DESCRIPTION UNIT PRICE EXTENDED PRICE ` Factory Install 430 -2185 1 Microsoft NTS 4.0 on CD, 10 Client Access Licenses, OEM Packaging, US Version, Factory Install 460-9052 1 f Required: Genera ted by 1 i DELL.COM Configurator 900 -2750 s SelectCare, Next Business Day .00. .00 On -Site Service Contract, Initial Year, Wara i 900 -2752 1 SelectCare, Next Business Day .00 00 M On -Site Service; Contract, { 2 Year Extended, Wang i 682357 1� SUPERSTACK I'I DUAL SPEED HUB 5 649.00 649.00 682358 1i SUPERSTACK I:I DUAL SPEED HUB 5 � 963.00 963.00 682362 1 SUPERSTACK II DUAL SPEED HUB C j 31.00 31.00 � 81144 -33 j 32,E L LAN UTP CATEGORY 5 - 3 FEET LO j 6.00 192.00 This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable -Dell standard terms of sale. SUB TOTAL 12,853.00 TAX .00 SHIPPING & HANDLING .00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide KATHERINE GROCE you with faster service when you are ready to place your order. Prices and tax rates are subject to change. Quote #: 23768661 Customer # : 3167471 Business and Personal Leasing provided by Del Flnanc4 Services, an independent entity. Leasing Documentation fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 9B1 -3355 EXT 40916 (800) 433 -9527 SALES REP FAX REV.,_ . ,8'1/88/99 13:13 :28 DELLFAX 5 -1 -> 385 GG3 6337 DELL COMPUTER CORP Page 818 QUOTATION DAN SOLARNO CITY OF SOUTH MIAMI 6130 SUNSET DR DIV OF PURCH FINANCE DEPT SOUTH MIAMI, FL 33143 January 8 1999 1 SKU # _— Q - - - -- DESCRIPTION - _ p UNIT EXTENDED CE PRICE ' OTHER ,00 Thank you for calling Dell TOTAL $12,853.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide KATHERINE GROCE you with faster service when you are ready to place your order. Prioes and tax rates are subject to change. Quote 23768861 Business and Personal Leasing provided by Dell Financial Services, an independent entity. Customer #: 3167 471 Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, rX 78682 (800) 981 -3355 EXT 40916 (8 -00) .433 -9527 SALES REP FAX REVx To: Mayor and Commission Date: January 14, 1999 .A Agenda Item # 120 From: Charles Scurr aoOft Subject: Comm. Mtg. 1/19199 City Manager Amend ordinance creating CRA 4 Advisory Board The Interlocal agreement between the City and Miami -Dade -County relating to the Community Redevelopment Agency is currently being negotiated. The County established criteria for an Advisory Board. Prior to the County's preparation of the draft agreement, the City Commission adopted an ordinance which established different criteria for members of the Advisory Board. At the workshop on January 11, the Commission directed staff to amend the language in the ordinance to comply with the language in the interlocai agreement. This ordinance for -first reading amends the Membership criteria Which states: At least two of the five members shall be residents of the Community Redevelopment Agency Area, and shall have lived within this area for a minimum of one year prior to appointment,- there shall be- 2 resident representatives (one who resides within the CRA area and one outside the CRA area) 2 business owners 1 member shall have banking or finance experience The new criteria for consideration and adoption complies with the proposed language in the Interlocal agreement and states the following-- The Board shall consist of five members who reside and or work in the Redevelopment Area and other professionals who may give technical advice to the Agency. I recommend your approval. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING 5 ORDINANCE NO. 18-98-1666 WHICH CREATED A 6 COMMUNITY REDEVELOPMENT AGENCY ADVISORY 7 BOARD BY AMENDING THE PROVISIONS REGARDING 8 MEMBERSHIP; PROVIDING FOR SEVERABILITY, CONFLICT 9 AND AN EFFECTIVE DATE-. 10 11 WHEREAS, the City of South Miami (City) and Miami-Dade County (County) 12 have approved the South Miami Community Redevelopment Agency (Agency) in 13 accordance with Chapter 163, Florida Statutes; and 14 15 WHEREAS, pursuant to the proposed Interlocal Agreement between the County, 16 the City and the Agency, an advisory board was established to represent the community 17 and to advise the Community Redevelopment Agency and the Mayor -and City 18 Commission regarding proposed plans, programs, projects, and budgets relating to the 19 Community Redevelopment Agency and the proposed interlocal -agreement's terms 20 regarding membership On the Advisory Board should be Made part Of the City's 21 Ordinance, 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:- -2-5 26 Section 1. That Section 2-26.2(a) -of the City Code of Ordinances is amended 27 to read as follows: 28 Created; composition. There is hereby created a community 29 redevelopment agency advisory board for the City. The Board iha-1-1 30 consist of five members, At least two of the five membeFs shall be 31 Fesidents of the Gammunity RedevelopmeAt Ageney AFea and shall have 32 lived within this aFea f9F a Fninimum of e )F to appointment; the 33 -shall--beL 34 2 Fesident FepFesentatives kene who Fe-sides within the GRA aFea 35 aAd me Weida the GRA afea) 36 37 2 business GwneFs 38 39 1 membeF shall have banking OF finanee exp 40 who reside and or work in the Redevelopment Area and other 41 professionals who may give technical advice to the A 42 43 Section 2. All other provisions of Ordinance No. 19-98-1666 shall remain in 44 effect. 45 1 Section 3 All ordinances or parts of ordinances in conflict with the provisions 2 of this Ordinance are repealed. 3 4 Section 4. Effective Date. This Ordinance -shall take -effect immediately at the 5 time of its passage. 6 7 PASSED AND ADOPTED by the City Commission this day of 8 1999. 9 10 11 12 MAYOR 1-3 14 ATTEST: 15 16 17 1-8 CITY CLERK 19 20 READ AND APPROVED AS TO FORM: 21 22 23 24 CITY-ATTORNEY -2-5 26 Additions shown by underlining -and deletions shown by oveFstNking.