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12-21-99i MAYOR: Julio Robaina CITY MANAGER: Charles Scurr VICE MAYOR Mary Scott Russell CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Ann B. Bass CITY COMMISSION AGENDA City Commission Meeting Meeting date: December 21, 1999 6130 Sunset Drive, South 'Miami, FL Next Regular Meeting date: "'January 4, 2000 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLA STATUTES 286.0105, -THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A`VERBATIM RECORD OF THE PROCEEDINGS IS' MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR "IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -86 -1251 requires all persons `- appearing in a paid or remunerated representative 'capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D Presentations) ITEMS (S) FOR THE COM'MISSION'S CONSIDERATION 1 Approval of Minutes October 5, 1999 Regular City Commission Minutes October 19, 1999 - Regular City Commission Minutes November 2, 1999 Regular City Commission Minutes December 7, 1999 - Regular City Commission Minutes 2. City Manager's Report 3 City Attorney's Report REGULAR CITY COMMISSION 1 AGENDA December 21, 1999 xm CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI GENERAL ELECTION -BEING HELD ON TUESDAY, FEBRUARY 8, 2000; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $1,400.00 WILL BE CHARGED TO ACCOUNT NO 01 -1200- 512 -4920, ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE MAYOR AND CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ECOSYSTEM RESTORATION; URGING TREE RESTORATION TO BE KEY PRIORITY OF ALL AGENCIES INVOLVED IN STORM RECOVERY; PROVIDING AN EFFECTIVE DATE (Mayor'Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI`, FLORIDA, SUPPORTING CONTINUED APPROPRIATIONS FOR AND DELIVERY OF THE MIAMI -DADE; COUNTY PUBLIC SCHOOLS ADULT AND POSTSECONDARY VOCATIONAL PROGRAMS UNDER THEIR CURRENT STRUCTURE;` PROVIDING AN EFFECTIVE DATE. (Vice Mayor Russell) 3'/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP' FIGUEREDO, P.A. IN THE AMOUNT OF $2,285.,70 CHARGING $202.33 TO ACCOUNT NO. 1500 - 514 -3435, CONSULTING -REAL PROPERTY/ FORECLOSURE, CHARGING $40.00 TO ACCOUNT NO. 608- 1'910- 521 -3100, PROFESSIONAL SERVICES, CHARGING $90.0';0 TO ACCOUNT NO. 610-1120-554-3415 CRA FUND,' GENERAL LEGAL, AND, CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -514- 3410, LEGAL SERVICES'' -NON RETAINER PROVIDING AN EFFECTIVE DATE. 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AFTER SCHOOL HOUSE; ACCEPTING MONETARY CONTRIBUTION- FROM MIAMI DADELAND ROTARY' FOUNDATION, INC., IN THE AMOUNT OF $3,979.45' TO PURCHASE COMPUTERS AND ACCESSORIES FROM AURORA SYSTEM, INC.; DISBURSEMENT FROM ACCOUNT NO. 001- 0000- 219 -3000 ENTITLED "'ESCROW AFTER SCHOOL HOUSE DONATIONS "; PROVIDING AN EFFECTIVE DATE. (Vice Mayor Russell)' 3/5 REGULAR CITY COMMISSION 2 AGENDA December 21, 1999 0 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO THE ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM, GRANT FY 2000 OF $5,135.00 AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS DESIGNATING $1,711.00 FROM ACCOUNT NUMBER. 1910- 521 - 1410, ENTITLED "REGULAR OVERTIME, BUDGET OF THE POLICE DEPARTMENT," AS THE MATCHING' FUND'S REQUIRED BY THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Bethel) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $55,198.00 FROM ACCOUNT NO 1910 -521 -4450 (LEASE PURCHASE POLICE VEHICLES) TO NEARS MOTOR LEASING FOR THE CONTINUED LEASING OF EIGHT FORD CROWN VICTORIA POLICE' PURSUIT VEHICLES AND TWO CHEVROLET TAHOE POLICE PURSUIT VEHICLES, (Commissioner Feliu)- 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACQUISITION OF TELECOMMUNICATIONS EQUIPMENT IN AN AMOUNT NOT TO EXCEED $17,000.00 FROM BELLSOUTH FOR THE PURCHASE OF A TELEPHONE EQUIPMENT, SOFTWARE, INSTALLATION, PROGRAMMING AND SHIPPING FEES FOR CITY HALL AND THE POLICE DEPARTMENT TELEPHONE SYSTEM; CHARGING THE DISBURSEMENT TO ACCOUNT 2100 - 519 -4440 "NON` DEPARTMENTAL TELEPHONE LEASE PURCHASE" AND ACCOUNT 1910 - 521 -4440 "POLICE DEPARTMENT TELEPHONE LEASE PURCHASE ", SAID AMOUNTS BEING ADDED TO THE EXISTING LEASE WITH BSFS 'EQUIPMENT LEASING IN AN ADDED AMOUNT NOT TO EXCEED $600.00 PER MONTH FOR 35 MONTHS. 3/5 12. A RESOLUTION OF THE -MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, REGARDING ENGINEERING DESIGN, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MC HARRY & ASSOCIATES, ,INC. TO 'PREPARE ENGINEERING PLANS FOR THE SW 742H 'STREET/SW 59TH AVENUE PROJECT, AT A COST NOT TO EXCEED $14,200.00, AND _CHARGING THE DISBURSEMENT TO "STATE GRANT" ACCOUNT NO. 111 - 0000 -219 -1810. 3/5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20 -7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE DATE (1$t Reading - November 2, 1999) (Deferred from November 16, 1999 & December 7, 1999) 4/5 14. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA,; RELATING TO THE ABANDONMENT OF RIGHT -OF -WAY, AMENDING ORDINANCE NO. '33 80-1092 IN ORDER TO CORRECT AN ERRONEOUS REFERENCE TO TRACT 111 AND TRACT 114 TO READ TRACT ,11 AND TRACT 14 OF THE REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, AS RECORDED IN PLAT BOOK 43, PAGE 37 OF THE PUBLIC RECORDS OF MIAMI -DADE FLORIDA,< PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (1st 'Reading December 7, 1999) 3/5- 15 AN ORDINANCE OF- THE MAYOR AND CITY COMMISSION' OF THE CITY OF SOUTH MIAMI;, FLORIDA, RELATING TO ELECTION CAMPAIGN FINANCING; CREATING A NEW PARAGRAPH 8A -1(p) OF THE CITY CODE OF ORDINANCES, ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS " ;` PROHIBITING CONTRIBUTIONS BY VENDORS AND OTHER 'PERSONS ON BEHALF OF VENDORS TO CANDIDATES FOR MAYOR OR COMMISSIONER OF THE CITY! OF SOUTH MIAMI; PROHIBITING_ CANDIDATES FROM SOLICITING OR ACCEPTING CONTRIBUTIONS BY VENDORS OR OTHER PERSONS ON BEHALF OF VENDORS; PROVIDING DEFINITIONS, FINES AND FORFEITURE OF PROHIBITED CONTRIBUTIONS TO THE CITY'S GENERAL FUND; PROVIDING FOR RENUMBERING ;' SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (1st Reading - November 16, 1999) 3/5 RESOLUTION (S) HEARING 16 A RESOLUTION OF THE < MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 'A REQUEST FOR REGULAR CITY' COMMISSION L] AGENDA December 21, 1999 VARIANCES FROM SECTION 20- 3.5(E:) OF THE LAND DEVELOPMENT CODE TO ALLOW A SIXTEEN (161) FOOT FRONT SETBACK, WHERE TWENTY -FIVE FEET (25) IS REQUIRED, AND AN SEVEN FOOT EIGHT INCH (71811) REAR SETBACK WHERE TWENTY -FIVE (25) FEET IS REQUIRED, ON, PROPERTY LOCATED IN THE RS -4 "SINGLE FAMILY RESIDENTIAL "ZONING DISTRICT, SPECIFICALLY LOCATED AT 6560 SW 59TH AVENUE, SOUTH MIAMI, FLORIDA 33143. 3/5 RESOLUTION (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF THE COMMUNITY 'ORIENTED POLICING SERVICES (COPS) MAKING OFFICER REDEPLOYMENT EFFECTIVE (MORE) GRANT OF $112,500; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; APPROPRIATING $37,500 FROM FEDERAL FORFEITURE CASH BALANCE TO BE DISBURSED FROM ACCOUNT NUMBER 615-1910 - 521 -6430, ENTITLED "POLICE FEDERAL FORFEITURE FUND- OPERATING EQUIPMENT,' AS THE 'MATCHING FUNDS REQUIRED BY THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE;. (Mayor Robaina) 3/5 18 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, RELATING TO GENERAL (NON- UNION) EMPLOYEE FINANCIAL ADJUSTMENT FOR FY 1999 2000; APPROVING A 3.5% ADJUSTMENT CONSISTING OF: (A) -A 1.75% COST OF LIVING ADJUSTMENT (COLA) EFFECTIVE OCTOBER 1, 1999; AND (B) A ONE TIME 1.75% CASH PAYMENT; AND MAKING APPROPRIATE CHANGES TO PAY PLAN. 3/5 ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 —2. 1(k) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING 'OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION ". PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION rJ AGENDA - December 21, 1999 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 12/17199 AGENDA ITEM;# FROM: Charles D. Scum Comm. Mtg. 12/2199 City Manager Election REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,; RELATING TO ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY OF SOUTH MIAMI GENERAL ELECTION BEING HELD ON TUESDAY, FEBRUARY 8, 2000; DISBURSEMENT IN AN AMOUNT NOT TO EXCEED $1,400 WILL BE CHARGED TO ACCOUNT NO. 01- 1200- 512 -4920 ENTITLED "ELECTION "; PROVIDING AN EFFECTIVE_ DATE. BACKGROUND AND ANALYSIS A General Election for the City of South Miami has been scheduled for Tuesday, February 8, 2000. In order to conduct such Election appropriate temporary staff must be obtained. Such Precinct Clerk, Assistants to Precinct Clerk, Inspectors, Deputy Sheriffs and Ballot Box inspector shall work from 6:00 a.m. until the completion of their task. Additionally, in case of an emergency two standbys are also being appointed. The attached resolution sponsored by Mayor Robaina appoints appropriate personnel to staff the City of South Miami General Election s. Disbursement in an amount not to exceed $1,400.00 will come from Account No. 01- 1200 -512 4920. Amount Appropriated: $4,500.00 Less: 1.400.00 Balance 3,100.00 I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH- MIAMI, FLORIDA, RELATING TO 5 ELECTION; APPOINTING PERSONNEL TO STAFF THE CITY 6 OF SOUTH MIAMI GENERAL ELECTION BEING HELD ON 7 TUESDAY, FEBRUARY 8, 2000; DISBURSEMENT IN AN 8 AMOUNT NOT TO 'EXCEED $1,400.00 WILL BE CHARGED TO 9 ACCOUNT NO. 01 -1200- 512 -4920 ENTITLED "ELECTION' 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Mayor and City Commission of the City of 'South Miami 13 has called a General Election for Tuesday, February 8, 2000, to elect a Mayor for a 14 two year term; Commissioner from Groups II and III for four year terms and a 15 ' Commissioner for Group I for an un- expired two year term; and, 16 17 WHEREAS, to conduct, such election the Commission shall : appoint 18 sufficient personnel to staff the polling place from 6:00 a.m., until the completion of 19 their task; and 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 23 24 Section 1. The following individuals have been identified to- work this 25 General Election: Gloria J. Stinger, Precinct Clerk; Lois L. Marinoff, Assistant To 26 Precinct Clerk; Carmen Hernandez, Assistant To Precinct Clerk; Harold Berman, 27 Deputy Sheriff, Jude Bagatti, Deputy Sheriff, Asela Alonso, Inspector; Jacqueline 28 Bellah, Inspector; Helen Carter, Inspector; Thomas Cheesborough, Inspector; 29 Jacqueline Cofield, Inspector; Selena Curley, Inspector Louis D'mowski, 30 Inspector; Juanita Henderson, Inspector; Raphael Rodrigo, Inspector; Kenneth 31 Sneeden, Inspector; Joan C. Sneeden, Inspector Cora Lee Walker, Inspector; 32 Thomas Peel, Ballot Box Inspector; Katherine Thompson, Standby; and Bernie 33 Thompson, Standby. 34 35 Section 2:. Disbursement in an amount not to exceed $1,400.00 will be 36 charged to Account No. 01- 1200 -512 -4920, entitled "Election." 37 38 39 40 41' 42 Additions shown by underlining and deletions shown by everst-r-ilg: car" L ' r � Y s /9 L /\ 1 �� CITY OF SOUTH MIAMI' ENTER - OFFICE MEMORANDUM TO: Mayor and City Commission f DATE: 12/17199 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 12/2199 City Manager aw Tree Restoration REQUEST A RESOLUTION_ OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ECOSYSTEM RESTORATION URGING TREE RESTORATION TO BE A KEY PRIORITY OF ALL AGENCIES INVOLVED IN STORM RECOVERY; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution, sponsored' by Mayor Robaina supports the South Florida Community -Urban Resources Partnership, Inc., in its effort to support an integrated flexible approach to management of South Florida's biological and physical environments including the maintenance, protection and preservation of the area's natural ecosystems. In an effort', to further this cause, administration is advised that all damaged trees in South Miami public areas be carefully restored in so far as possible with due concern for the explicit value of all concerned. Additionally, trees that are completely destroyed should be replaced with similar trees that are mature as possible. An executed` copy of this resolution will be sent to all Miami -Dade Municipalities soliciting their support of trees, which can be saved. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ECOSYSTEM RESTORATION; URGING TREE RESTORATION 6 TO BE A KEY PRIORITY OF ALL AGENCIES INVOLVED IN 7 STORM RECOVERY; PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the South Florida Community -Urban Resources Partnership, 10 Inc. representing Broward, Miami -Dade, Monroe, and Palm Beach 'Counties is a 11 locally lead- federal initiative for ecosystem restoration; and 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami 14 joins with the South Florida Community -Urban Resources Partnership, Inc. in its 15 effort to support an integrated flexible approach to management of South Florida's 16 biological- and physical environments including the maintenance, protection and 17 preservation of the area's natural ecosystems; and 18 19 WHEREAS, an integral segment of that system is trees, which are a 20 productive and healthy enrichment, especially when fully grown; and 21 22 WHEREAS, many trees damaged from storms can be saved with proper 23 and accepted procedures rather than destroyed wantonly, at a great cost to the 24 taxpayer and our environment. 25 26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION' OF THE CITY OF SOUTH MIAMI, FLORIDA; 28 29 Section 1. In an effort to further this cause administration is hereby 30 advised that all damaged trees in South Miami public areas should be carefully 31 restored in so far as possible with due concern for the explicit value to all 32 concerned. 33 34 Section 2. That any trees in South Miami completely destroyed be 35 replaced with similar trees that are mature as possible. 36 37 Section 3. That the City Clerk is hereby directed to forward a copy of 38 this resolution to all Miami -Dade County municipalities soliciting their support for 39 trees which can be saved. 40 41 42 Additions shown by underlining and deletions shown by eveFst g. 1 Section 4. This resolution shall take effect immediately upon approval. 2 3 4 PASSED AND ADOPTED this day of 311999. 5 6 ATTEST: APPROVED 7 8 9 CITY CLERK MAYOR 10 11 Commission Vote: 12 READ AND APPROVED AS TO FORM: Mayor Robaina: 13 Vice Mayor Russell: 14 Commissioner Feliur 15 CITY ATTORNEY Commissioner Bethel; 16 Commissioner Bass 17 Page 2 of 2 'Wq� hip Urban, Resources Partners OSFCURP* Locally L ed eacyral ly,:,tati e for Ecosystern Restoy tto;t" WARD MoNR Keith Douglass November 16, 1999 President or in Monroe County May J olio Robaa City of South Miami Terry Mock 6130 Sunset Drive Vice President South Miami: FL 33143 palm Beach County Dear Mayor Robaina: is the SFCURP) Patricia Crawley it .Urban Resources Partnership (The SFCURP is Secretary The South Florida Commun Y Miami -Dade, Broward County e locally led organization in thuState ount counties (Broward, most divers Russ Marchner made up of represent atives. from the o Treasurer Monroe, and palm Beach): Miami-Dade County initiative is to use existing resources within o The concept' behind the SFCUR ml management in order to impro�'e, the management framework utilizing interagency cooperation Broward County planning and m.anag Eileen Cudney urban ecosystem onford Johnson develop �d improve resource g M economic environments in the four counties. ed Lynn Shatas social, natural, and roved and adopt Edward "Ned" Stone the SFCURP, Inc. Board of Directors app Priority On October 20, 1999, Resolution urges tree restoration. o the Resolution. Miami.Dade County Resolution No. 99 -01. The R Enclosed is a copy David Chiverton Regional Director for Bobby ornto of all agencies involved in storm recovery. 1 NI �Setti, g y Busse Arsenio Milian` -Please .feel free to contact me or r. Alyce Robertson p b calling (954) 792 - 1984. SF CUR Y Monroe County Hon. Anne Kelly Cohan Sincerely, Lt. George Simpson Hon. Carmen Turner 5 V Dave Whitney Palm Beach County Keith Douglass Inc. Hon. Maude Ford -Lee President, SFCURP, Jane Hart lion. Jeff Koons KD:tmw Michael Odum Enclosure 191 rangeDri 2 ♦Davie, Florida 33314 USDA S ervice Center ♦ 64# Fay.- (95) 779-3996 Phone: (954) 792 -1984 RESOLUTION No. 99 -01 A Resolution of the Board of Directors of the SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP, INC. urging tree restoration to be a key priority of all agencies involved in storm recovery. Whereas, The SOUTH FLORIDA COMMUNITY - URBAN RESOURCES PARTNERSHIP, INC. representing Broward, Miami -Dade, Monroe, and Palm Beach Counties is a locally lead- federal initiative for ecosystem restoration; and Whereas, SOUTH FLORIDA COMMUNITY -URBAN RESOURCES PARTNERSHIP, INC. supports an integrated flexible approach to management of South Florida's biological and physical environments including the maintenance, protection and preservation of the area's natural ecosystems; and Whereas, An integral segment of that system is trees which are a productive and healthy enrichment, especially when fully grown; .and Whereas, Many trees damaged from storms can be saved with proper and accepted procedures rather than destroyed wantonly, at a great cost to the taxpayer and our environment. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the SOUTH FLORIDA COMMUNITY- URBAN - RESOURCES PARTNERSHIP, INC._ Section 1. All damaged trees in public areas be carefully restored in so far as possible with due concern for the explicit value to all concerned. Section 2. That any trees completely destroyed be replaced with similar trees that are mature as possible. Section 3. That all public agencies active in the four-county area of South Florida be notified by copy of this resolution` of the concern of SOUTH FLORIDA COMMUNITY- URBAN RESOURCES PARTNERSHIP, INC. for trees which can be saved. Approved and Adopted by the Board of Directors of SOUTH FLORIDA COMMUNITY - URBAN RESOURCES PARTNERSHIP, INC. at a regular meeting this 201'' day of October 1999. C Pat Crawley K th Douglass Secretary resident CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM< TO: Mayor and City Commission DATE: 12/17/99 AGENDA ITEM #—& FROM: Charles D. Scurr Comm. Mtg. 12/2199 City Manager IV Education REQUEST - A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING CONTINUED APPROPRIATIONS FOR AND DELIVERY OF THE MIAMI -DADE COUNTY PUBLIC SCHOOLS ADULT AND POSTSECONDARY VOCATIONAL PROGRAMS UNDER THEIR CURRENT STRUCTURE; PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The attached resolution sponsored by Vice Mayor Russell supports Miami -Dade County Public Schools' administrators, faculty, and staff in their 'efforts to oppose any attempt by the State Legislature to assign the Community College SystemJ control of the delivery of post secondary workforce 'education programs. This issue is one of local decision and must not be mandated by the State. l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, SUPPORTING CONTINUED' APPROPRIATIONS FOR AND DELIVERY OF THE MIAMI -DADE COUNTY PUBLIC SCHOOLS ADULT AND POSTSECONDARY VOCATIONAL PROGRAMS UNDER THEIR CURRENT STRUCTURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the School Board of Miami -Dade County, Florida, has set a high priority, on collaborating with public and 'private agencies to effect implementation of creative workforce economic development; programs in support of industry and business sectors that provide high- skill/high -wage occupational opportunities; and, WHEREAS, the School Board of Miami -Dade County, Florida, has an authorized budget to provide for the training of Florida's citizens for employment in these high- skill/high-wage occupations and has further decreed that the opportunity for entrance into said training programs will be extended to all segments of our society; and WHEREAS, the School Board of Miami -Dade County, Florida, has determined that workforce literacy is high priority and that quality workforce education programs must be offered that assure the opportunity for the workforce population to be competitive; and WHEREAS, The School Board of Miami -Dade County, Florida, has determined that serving the needs of adults with disabilities is a high priority and that effective educational programs must be offered to prepare members of this population to be competitive; and WHEREAS, the School Board of Miami -Dade County, Florida, has determined that educational programs serving the needs of the disadvantaged population are an integral part of the educational delivery system and are a high priority and WHEREAS, the School Board of Miami -Dade County, Florida, has determined that society will receive significant benefit if those individuals incarcerated in correctional facilities are trained and placed into long -term gainful employment; and WHEREAS, Miami -Dade County Public Schools' administrations, faculty, and staff have a proven track record for the methodical preparation of personnel and programs to meet the needs of all segments of the community they serve; and WHEREAS, Miami -Dade County Public Schools' administrators, faculty, and staff have maintained a positive attitude in the delivery of effective, high- quality educational programs in a dynamic fiscally and socially challenging environment; and Additions shown by underlinins and deletions shown by evefstr- 1 2 WHEREAS, Miami -Dade County Public Schools' administrators, faculty, and 3 staff have sustained superior performance as evidenced by their dedication and 4 commitment, the high quality of their educational programs, and the academic 5 achievement of their students; and 6 7 WHEREAS, the School Board of Miami -Dade County, Florida, currently provides 8 educational training programs in support of pre, K, K -12, and postsecondary adult and 9 vocational programs; and 10 11 WHEREAS, the Mayor and City Commission unequivocally supports the spirit of -12 the accountability measures and equal offering of educational programs by all affected 13 educational institutions as detailed in Senate Bill 1688, - an innovative 1997 Florida' 14 Legislative initiative. 15 16 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 18 19 Section 1. The City Commission joins with the Miami -Dade County School 20 Board in its efforts by expressing unequivocal support for continued appropriations for 21 and delivery of all currently authorized postsecondary, adult, and vocational programs. 22 The current ,delivery systems have met, are meeting, and will continue to meet the 23 educational and economic development needs of the community and, as such, the current 24 structure of the Miami -Dade workforce education and economic development delivery 25 system must be preserved. 26 27 Section 2. This resolution shall take effect immediately upon approval. 28 29 PASSED AND ADOPTED this day of , 1999. 30 31 ATTEST APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 Commission Vote: 37 READ AND APPROVED AS TO FORM: Mayor Robaina: 38 Vice Mayor Russell: 39 Commissioner Feliu: 40 CITY ATTORNEY Commissioner Bethel: 41 Commissioner Bass: I Page 2 of 2 "If It Isn't Broken..." - The Miami -Dade Case for Local Control of Workforce Development Services Florida's Workforce Development services prepare adults for jobs through a mix of vocational and adult general education programs. Because this training mix overlaps K -12 and post- secondary education, both school districts and community colleges throughout the state have historically adapted their service delivery to meet workforce needs. Importantly, while each Florida county confronts different challenges, there has been no study of educational governance demonstrating the inherent superiority of either district or community college services. By contrast, much evidence suggests that radical changes favoring one system over another would severely jeopardize the state's bottom -line achievements in educational completion and job- placement. The Miami -Dade County model:' a demonstrated role for district services. Miami -Dade County Public Schools (MDCPS) and Miami -Dade Community College (MDCC) serve local employers through a pattern of cooperative efforts and articulated programs. Together, the two systems have responded to the needs of a large and complex urban environment by combining the resources of 26 adult, skill, and technical education centers and 5 community- college campuses. The result, according to the latest published data, shows that district programs work well. Indeed, MDCPS workforce programs by themselves have achieved almost as many job placements as all community colleges combined. And by focusing on hard -to -serve populations (adults with disabilities, incarcerated,; migrants, non- English speakers, etc.), MDCPS' programs have produced more than double the targeted job placements of all community colleges statewide. One size does not fit all: the danger of legislating workforce "consolidation." In recent sessions, the Florida Legislature has passed major workforce legislation (SB 1688 and SB 1124) with common performance and accountability standards in order to stimulate efficiency and ensure fair competition between all workforce providers. Some recent proposals, however, would upend this market- driven system by "consolidating" adult 'remedial and vocational services at the community - college level — a' legislated monopoly that would eliminate many of the state's most experienced providers and some of its strongest assets. Performance figures, rather than supporting such radical proposals, in fact underscore that school districts such as MDCPS are actually more effective at reaching "targeted" populations than community colleges. More than 50% of academic and vocational program completers at MDCPS (versus under 20% of MDCC students) are educationally disadvantaged adults who have been designated by the state as low- skilled in literacy, non- English speaking, or otherwise hard -to- serve'. Statewide, the charts below indicate that school districts achieve 77% to 87% of Florida's completion success for targeted adults in vocational and literacy programs, respectively. The MDCPS share of targeted vocational completions is close to the total share of all community colleges combined, and MDCPS more than triples the combined colleges in its share of targeted remedial achievements. The capacity for change: Who gets left out? Proposals biased towards community colleges overlook the reasons why disadvantaged adults respond to the availability of diverse public education alternatives. First, many targeted workforce students need substantial academic remediation before completing vocational certificates, and thus there is often a degree of intimidation to re -enter any training program a concern that can be heightened at college-level institutions. Second, school districts have been able to reach deep into the community to deliver services via high school- based programs, adult campuses with a reputation for remedial expertise, and hundreds of outreach classes serving targeted populations through community- based agencies. In geographically dispersed Miami -Dade County, the reduction or elimination of district services would hinder access to training for many students, and would risk the achievements of those who need it most. The educational infrastructure presently has the demonstrated capacity to serve hundreds of thousands of adults through the MDCPS network of 26 adult centers, skill centers, and technical education centers - the majority of which are integrated with K -12 facilities and the MDCC network of 5 community college facilities. The elimination of local control would block existing operating efficiencies, reduce locations and classes available to students, and harm the local economy by cutting hundreds of adult and vocational teaching positions.* The legislature should resist proposals for radical educational change when no clear problem is evident, and especially when the changes are likely to result in more harm than good. * According to a 1998 survey of adult educators administered by Florida International University, the great majority of 750 respondents worked only part-time in adult education (645 respondents, or 86 %), but the loss of these positions would create unemployment for over 380 part-time teachers (nearly 60 %) who report this as their "primary employment." The survey reached over 80% of active teachers in adult basic education, but did not include vocational teachers whose' positions might also be affected by reduced MDCPS services. ADDENDUM Supporting The Governor's Family Literacy Agenda: Increasing the Integration of Adult and Childhood Programs A hidden danger of excluding the K -12 system from control of Workforce Development programs is its effect on children. Improving the integration of adult and childhood education programs is at the heart of Florida's emerging family literacy agenda, -which has been promoted by Barbara Bush through the Bush Foundation and supported by Governor Jeb Bush. Below are excerpts from the National Center for Family Literacy ( "NIFL') website which emphasize the importance of linking adult and childhood education — rather than creating new institutional obstacles in terms of benefits to both children and adults (www faml it. oLglresearch /research. html. ). WHAT NCFL HAS LEARNED ABOUT SHORT -TERM BENEFITS Integrated family literacy programming is more effective than traditional ' approaches to adult education, early childhood education, or stand - alone parent programs for our most vulnerable adults and children. From the beginning of the Kenan program in 1989, NCFL has .utilized standardized and teacher -made tests, case studies, anecdotal records, parent surveys and interviews, and staff observations to evaluate all aspects of the program. The early findings indicated that both adults and their children made important gains as a result of attending family literacy programs: • Parents who made a commitment to attend regularly made significant improvements in academic performance, in their relationships with their children and with other adults, and in their view of themselves. Even though the average reading and math scores were between the 6th and 7th grade level, 30% of adult students either received GED certification during the program year, passed parts of the exam, or had scheduled the exam at the end of the program year. • By the end of the program year, more than 90 % of formerly "at- risk" children were judged by their teacher as ready for entry into kindergarten with no expected academic or social difficulties. These children demonstrated significant growth in behavior, use of language, and development of pre- academic skills. Breaking the Cycle of Illiteracy: The Kenan Family Literacy Model Program (NCFL, 1989). The Kenan model was expanded nationally in 1991 with the Toyota Families for Learning Program (TFLP). The findings produced from 15 cities (sample size: n = 500) demonstrated the need to approach these problems from the comprehensive family perspective of the Kenan model: i • Adults participating in family literacy programs showed greater gains in literacy than adults in adult- focused programs. • Participants in family literacy programs were less likely to drop out of the program than were participants in adult focused programs. • Children participating in family ;literacy programs demonstrated greater gains than children in child- focused programs. • More educationally supportive home environments were reported by parents in family literacy programs than when they entered the program. The Power of Family Literacy (NCFL, 1996). Parental involvement is perhaps the most important indicator of the success of family literacy programs. Ideally, adults and children both improve in literacy ability, and lifestyle changes should be occurring in parent /child interactions so that learning gains can be maintained and extended independently by families. Mikulecky and Lloyd, in a study of NCFL programs in Atlanta, Rochester, Fort Wayne, Nashville, and Richmond (n = 133) demonstrated through comparisons made at time of entry and time of exit that: 1) Parents provided a wider range of reading and writing materials at home for their children 2) Parents engaged in a wider range of reading and writing activities with their children at home, drawing and writing with their children and using educational materials and games; 3) Parent -child talk about manners and hygiene involved more explaining and less direct instruction. 4) Parents and children played together with toys or games about 30 %more often. 5) Parents displayed children's drawings and writings at home 20% more often, every 4 to 5 days. 6) Children saw their parents engage in a wider range of reading and writing activities at home. 7) Parents became increasingly aware that children can learn through play and do not need to be taught or controlled by adults. Mikulecky and Lloyd. ( 1995). Evaluating Parent/Child Interactions in Family Literacy Programs Parental involvement in education increases: The NCFL Parent Survey, adapted from the work of Mikulecky and Lloyd, shows practically and statistically significant gains (p < 0.003, n 1100) in the frequency that parents: • talk to their school -age children's teacher • talk to their children about their day • read or look at books with children • are seen reading or writing by their children • take their children to the library • volunteer at school • help children with homework • attend school activities (analysis of NCFL primary database, 1997) { Using well- established, statistically reliable psychological self- assessments, preliminary NCFL research shows that parents demonstrate statistical and practical gains in: parenting efficacy 1 • internal locus of control • self- esteem (Analysis of NCFL primary database, 1997). Retention rates are greater for family literacy programs than for stand -alone programs: 73% of the families complete the program year, enroll in another educational or training program, or get a job (Analysis of NCFL primary database, 1997). . ,.._ WHAT NCFL HAS LEARNED ABOUT LONG -TERM IMPACTS I, In NCFL's first follow -up study, 53 adults and 98 children were evaluated after leaving the Kenan program: • One year after leaving the program, 66% of adults were either enrolled or had definite plans for enrolling in some form of higher or continuing education program or were employed. 35% were employed, while fewer than 10 % were employed at the time they enrolled-in the program. • After two years, none of the children had been held back in school. • Over three - fourths of these children were rated by their current kindergarten or grade - school teacher as average or above average on academic performance, motivation to learn, support from parents, relations with other students, attendance, classroom behavior, self confidence, and probable success in school. Follow -up Study of the Impact of the Kenan Trust Model for Family Literacy (NCFL, 1991). In follow -up studies of 200 representative families in four states KY NC HI and NY one to six years after attending family literacy programs, NCFL has documented these enduring effects: • 51 %° of the adult students have received a high school equivalency certificate; • 43% are employed, compared to 14 % before enrolling; • 13% have enrolled in higher education or training programs and another 11 %° are continuing in Adult Education programs working toward GED certification; • Dependence on public assistance has been reduced by 50% The present primary teachers rate almost 80 % of former family literacy children at or above the class average on such factors as attendance, classroom behavior, relations with other children, motivation to learn, family support for education, and probability of success in school. RESOLUTION NO. 99 -42 OF THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA, SUPPORTING CONTINUED APPROPRIATIONS FOR AND DELIVERY OF THE MIAMI -DADE COUNTY PUBLIC SCHOOLS ADULT AND POSTSECONDARY VOCATIONAL PROGRAMS UNDER THEIR CURRENT STRUCTURE WHEREAS, The School Board of Miami -Dade County, Florida, has set a high priority on collaborating with public: and private agencies to effect implementation of creative workforce,. economic development programs in support of industry and business sectors that provide high -skill ;''high -wage occupational opportunities; and WHEREAS, The School Board of Miami -Dade County, Florida, has an authorized budget to provide for the training of Florida's 'citizens for employment in these high- skill /high -wage occupations and has further decreed that the opportunity for entrance into said training programs will be extended to all segments of our society; and WHEREAS, The School Board of Miami-Dade County, Florida, has determined .that workforce > literacy is a high priority and that quality workforce education programs must be offered that assure the opportunity for the workforce population to be competitive; and WHEREAS, The School Board of Miami-Dade County, Florida, has determined that serving the needs of adults with disabilities is a high` priority and that effective educational ro rams p g must be offered to prepare members of this population to be competitive; and WHEREAS, The School Board of Miami -Dade County, Florida, has determined that lifelong learning is an integral part of the educational delivery system and that the needs of the elderly population are a high priority; and WHEREAS, The School Board of Miami -Dade County, 'Florida, has determined that educational programs serving the needs of the disadvantaged population are an integral part of the educational delivery system and are a high priority; and WHEREAS, The School Board of Miami -Dade County, Florida, has determined that society will receive significant benefit if those; individuals incarcerated in correctional facilities are trained and placed into long -term gainful employment; and WHEREAS, Miami -Dade County Public Schools' administrators, faculty, and staff have a proven track record for the methodical preparation of personnel and programs to meet the needs of all segments of the community they serve; and WHEREAS, Miami -Dade County Public Schools' administrators, faculty, and staff have maintained a positive attitude in the delivery of effective, high - quality educational programs in a dynamic fiscally and socially challenging environment; and WHEREAS, Miami -Dade County Public Schools' administrators, faculty, and staff have sustained superior performance as evidenced by their dedication and commitment, the high quality of their educational programs, and the academic achievement of their students and WHEREAS, The School Board of Miami -Dade County, Florida, currently provides educational training programs in support of pre-K, K -12, and postsecondary adult and vocational programs; and WHEREAS, The School _Board of Miami -Dade County, Florida, unanimously and unequivocally supports the spirit of the accountability measures and equal offering of educational programs by all affected educational institutions as detailed in Senate Bill 1688, an innovative 1997 Florida Legislative initiative; NO W, THEREFORE, BE IT RESOL VED THA T The School Board of Miami -bade County, Florida, approve Resolution No. 99 -42 of The School Board of Miami -Dade County, Florida, expressing unequivocal support for continued appropriations for and delivery of all currently authorized postsecondary, adult, and vocational programs. The current delivery systems have met, are meeting, and will' continue to meet the educational and economic development needs of the community and, as such, the current structure of the Miami -Dade workforce education and economic development delivery system must be preserved. j A copy of this resolution is placed in the permanent records of this Board. I Presented this twentieth day of October, A.D. 1999 THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA Al Chair ATTEST: j ' S retary FLORHA ASSOCiATiON Of TEChNiCA[ CENTER EdUCATORS President Robert echniicalC rear THE WORKFORCE EDUCATION ISSUE Atlantic Technical Center Broward County 4700 Coconut Creek Parkway Coconut Creek, FL 33063 (954)977 -2003 FAX (9for @dire 66 LEGISLATIVE SUMMARY POSITION E -mail: bcrawford @directnett:net President Elect Susan Miller, Principal Leare Hillsboroug h County ISSUE 5410 North 20th Street - Tampa, FL 33610 (813) 231 -1834 FAX (813) 231 -1855 E -mail: Susan.miller @sdhc.k,2.fl.us. A movement by the community colleges to consolidate and unify all workforce Secretary education programs under its sole authority within a 3 to 5 year period. Joe McCoy, Director Winter Park Tech Orange County 901 Webster Avenue Win terPark, FL 32789 - FAX (4 7) 975-15 SCHOOL DISTRICTS OPINION FAX (407).975 -2435 E -mail: mccoyi@ocps.kl2.ff.us Walt Cobb, Director The current dual delivery system of providing workforce education programs and : Westside Tech Orange County services to Florida's citizens by school districts and community colleges is operat 955 East Story Road Winter Garden, 2t 014787 Mg both, effectively and efficiently, and should be maintained and strengthened. FAX (407) 656 -3970 E -mail: cobbw@ocps.kl2.fl:us BACKGROUND Board of Directors Freddie ; Assistant Principal Liviv ely ly Technical Center � With the passage of SB 1688 and 1124 a system to provide the delivery of post Leon thAppleyard Drive C °� "ry SOO North A secondary workforce education between school districts and community colleges Tallahassee. 7 2695 (8850)0) 487 -7403 - 7403 was established. The founding principles included: FAX (850) 922 -3880 E- mail: devoref @mail.lively.leon,kl2.fl.us Candace Gioia, Instructor Pinellas Technical Education Centers the establishment of a level playing field Pinellas County 6100 154th Avenue North between delivery systems; Clearwater, FL 33760 (727) 538.7167 ext. 1128 FAX (727) 538 -7203 E -mail cgioia @ptecctw. pin ellas.kI2.fl.us • competition between systems In Order Darrell Harden, Teacher Resource Specialist that the consumer gets the best training Travis Polk County Technical Center for the least cost; 3225 Winter Lake Road Lakeland, FL 33803 (941) 499 -2700 ezt.225 • guaranteed State —Wide articulation FAX (941) 499 -2706 0 E- mail: dharden @traviss.pcsb.kl2.A.us through Applied Technology Diplomas; Ken Pell, Instructor Winter Park Tech * performance based funding founded on Orange County Sol Webster FL Avenue program completers and the level of job Winter Park; FL 32789 (407) 622 -2900 placement. FAX (407) 975 -2435 p E -mail: pellk @ocps.kl2.fl.us 912 -B So. Martin Luther King Jr., Blvd. • Tallahassee, Florida 32301 Phone: (850) 224 -2660 • FAX: (850) 222 -0133 Currently, school districts receive over 57% of all workforce training dollars in the State and earned over 80% of all the performance points in certificate programs and over 78% of the performance points in adult high school. School districts have a proven track record in delivering quality literacy programs as evidenced by providing over 80 % of all adult literacy programs in Florida. REQUESTED ACTION To oppose any effort by the State Legislature to assign the Community College System control of the delivery of post secondary workforce education programs. This issue is one of local decision and must not be mandated by the State. Local control of the delivery of post secondary education programs and instruction is critical if we are to meet the eco- nomic development and training needs of business and industry. This decision is best made by those individuals that are affected most. "Those individuals are the local busi- nesses and industries that are located in our communities and served on a daily basis. Currently, Florida has a dual delivery system in place. This system has demonstrated that it can and does work efficiently and effectively. No study of governance of post second- ary education in Florida has concluded that one system is superior over the other. There is no rationale or argument that can be made to consolidate this successful model to a mandated single delivery system under Community College control. SUMMARY The real issue is not one of mission creep, disjointed economic development efforts or who should deliver workforce education programs, but rather one of providing quality technical education programs to meet the diverse needs of our citizens and business/ industry alike. We need to concentrate our combined efforts and resources on developing instructional programs and educational initiative's at the local level to strengthen Florida's position as a State that can meet the workforce needs of the new millennium. CITY OF WEST MIAMI 901 S.W. 62 "d Avenue, West Miami, Florida 33144 LEGISLATIVE PRIORITIES 2000 • Support the continued base budget funding of the City of West Miami Community Center for Senior Citizen Hot Meals Program, Homebound Meals Program. • Support three year funding plan in the amount of $ 8,000,000.00 for the design and construction of stormwater pumping stations within the City of West Miami to transport stormwater through stormwater transmission lines to remote canals. • In conjunction with the previous item, we support adequate funding for drainage improvements and flood protection in Miami -Dade County implementing the 1989 Modified Water Delivery Project approved by the President and United States Congress. • Support the one -time fundin of 50 000.00 for a mini -bus pp g $ to transport senior citizens involved in the City of West Miami Community Center programs (field trips, hot meals, grocery shopping, center activities and cultural programs). Oppose any effort by the State Legislature to assign the Community College System control of the delivery of post secondary workforce education programs. This issue is one of local decision and must not be mandated by the State. • Support the continued authority of counties and municipalities to manage and determine compensation for the use of public rights -of -way. Support the continued authority of counties and municipalities to impose and utilize cable and telecommunications franchise fees and tax revenues at their discretion. Additionally, we oppose legislation that restricts or weakens local governments' authority to manage their right -of -way. • Support funding of $110 million in the Miami - Dade's Public School System, benefitting the citizens of the County and municipalities. From the Bureau of Community Services Miami -Dade County Public Schools December , 1999 At the November Trustees meeting, Joe Mathos requested that we contact Carrie Mickey and obtain information on the adult education legislative issues Therefore, attached you will find that requested information. If you are interested in communicating with your legislators, the issue is that we in Miami -Dade County want to keep a dual delivery system for adult education whereby Miami -Dade Community College and Miami -Dade County Public Schools both provide adult education training. The move to ONLY allow the community colleges to provide adult education programming has resurfaced in Tallahassee. Information on this issue is attached. You may communicate as a private citizen as the Coalition can not lobby for issues due to the tax status. Happy Holidays and best wishes for a wonderful, brand new century! Alex, Linda and your staff at the bureau cc: Attachment Dec -02 -99 09 :43A P_02 Miatni -®ade County Public Schools Rationale The current dual delivery system in Hiami -Dade County, with Miami -Dade Community College and Miami -Dade County P lblic Schools offering postsecondary workforce education programs, should be maintained because of the unique characteristics of our county. Eliminating the ability of thi: school district to offer workforce development programs is not the answer. In the spirit of trying to balance` politicsil forces with that which is prudent, it is in the best interest of all parties — government, education, and the population being served -to preserve the current dual delivery sy:;tem because it provides the best delivery of the competitive intent that is stated in legit lation. It is very difficult to have competition when there is only one player. Each region has its own unique needs. and intentions. The regional leadership is much closer to the population than any entity Therefore, it is reasonable to assign the decision making regarding preservation of the dual ' delivery system or the orderly transition to a single delivery system at the local level. Eliminating workforce development programs from the school districts will result in the following: 1. Removes the link between high f .choolshousing adult centers and the adult centers that collaborated in providing 'a.id sharing equipment and materials for stronger, more beneficial academic and applied technology programs. 2. Creates an overwhelming burden on institutions' capability to collect accurate data needed for statewide accountatifitypurposes_ 3. Places responsibility for serving all adults with disabilities on one institution. This includes students with moderate, severe, and profound disabilities who will be unable to succeed in the workfo rce. 4. Reduces program availability in locations within close proximity to students' place of residence. Miami -Dade Cou ity Public Schools has 27 facilities in addition to numerous satellite centers. 5. May eliminate the adult high school credit program. Presently, adult centers are equipped to offer all high schcol classes available for high school graduation including required laboratories acid other facilities. Are community colleges in such a position to do so? 6_ Eliminates the convenience of identifying appropriately certified teachers from the K -12 program housed in the same school facility to serve as part-time hourly teachers in the adult education program. Dec -02 -99 09:44A P_03 7. Miami -Dade County Public Schools' data collection system is fully geared for Department of Education date transmissions, edit checking, and corrections. Current procedures are in place for testing, placement, progress tracking, and data capturing for any and all Workforce Development Information ` System' fields_ Automated data collection and reporting systems are in development for Internet- based studenttracking and reporting. Additionally, several auditable documents are imaged and /or stored in electronic format in order to minimize paper flow. Community colleges are still lillht years behind in data collection for Workforce Development Information Systems. 8. Prevents the implementation cf specialized technical programs that have been developed and equipped to meetthe needs of local business at technical education centers. 9_ Vocational Education for Students of Other Languages /English as a Second Language (V €SOUESOL) instruction is geared for our large immigrant population. Instruction is centered on workforce skills that adults traditionally would seek at the district level rather than in a coll+a-ge setting_ Community College ESOL instruction is more focused on "college- kound" academic instruction which only a small percentage of our population requires. 10. Adult General Education (AGE) and vocational district completion percentages have increased each term for 1998 -99 Workforce Development' Information System reporting. 11. Miami -Dade County Public Schools has a large investment in training for high -end vocational programs. e.g., G. T. Baker — Aviation, The English Center—Computer Networking, Miami Lakes Technical Education Center Toyota, Robert Morgan Vocational Technical Institute -- Honda. 12. Analysis of Workforce Develop nent information System data at the state level shows that local school districts h ave consistently outperformed community colleges in performance and placement cif students in Adult General Education Programs. 13. Miami -Dade County Public Schools offers industry- sponsored programs which include the Honda- PACT, Maytag. Xerox Digital Production Center, Cisco System, Kelly Tractor, and Toyota. 14. Apprenticeship programs are off ,,red in the following occupational areas: carpentry, electrical wiring, plumbing, painting and decorating. 15. Miami -Dade County Public Schools technical centers have received state funding to establish Centers of 'Emphas s in the following areas: Electronics, Automotive, Health Science, and Business Technology. ilk Dec -02 -99 09:44A Local Control oi' Workforce development 1998 -99 Workforce Development Data Performance -Based incentive Funding (PBIF) dollars earned for fiscal year 1994 -99 by the school district of Miami -Dade County: $2,860,858 for Vocational Technical Education. P_04 • ii Performance -Based incentive Funding for Adult Education based on number of individuals who received a GED ,and demonstrated literacy gains`. $438,550 Workforce Development and Ads It Education and Vocational Technical Programs • served 145,265 individual students • total enrollment (duplicated): 436,394 total number of classes: 20,2(4 • Continuing Workforce Education C.lasses m ` served 9,162 individual students • total enrollment: 15,164 • total number of classes: 1,66; • Adult Secondary Credit Classes • served 31,223 individual students • total enrollment: 76,244 • Co- Enrolled Students •' served 19,124 individual students Of the of high school students graduating in 1998 -99, 39,414 students were co- enrolled in adult education cla sses prior to their graduation_ • Adult General Education • total individual served 115,276 • total enrollment (duplicated):36,471 Programs f<►r;Special Populations • The Skills for Academic, Vocatioral and English Studies (SAVES) Project provides academic and vocational training to eligible Cuban and Haitian elients. • To date, the project has been fun3ed for approximately $14 million (total) over four years of SAVES activities. �y SAVES averages 2,500 eligible enrollees in either vocational or academic courses each trimester_ This translates in 'o over 7,500 enrollees each year.- . v. Vocational Education for Stude its of Other Languages /English as a Second I� Language (VESOL /ESOL) instruction is geared for our large immigrant population. Instruction is centered on workfor,e skills that adults traditionally would seek at the district level rather than in a collece setting. Community college ESOL instruction is more focused on "college- bound" -cicademic instruction which only a small percentage P of our population requires_ ii Dec -02 -99 09:44A P-05 Partnership, Col!_abo ttion and Articulation • Miami -Dade County Public Schoo s offers industry- sponsored programs which include the Honda -PACT, Maytag, Xercx Digital Production Center, Cisco System, Kelly Tractor, and Toyota. • Apprenticeship programs are offt-red in the following occupational areas: carpentry, electrical wiring, plumbing, painting and decorating. • Miami -Dade County Public Schools technical centers have received state funding to establish Centers of Emphasis in the following areas: Electronics, Automotive, Health Science, and Business Technology. Programs for Adufts With Disabilities • During the 1998 -99 fiscal year, Mi 3mi =Dade County Public Schools served more than 7,346 adults with disabilities. In addition to the students who attend classes on campuses, many students are se ved by the agencies and businesses in the Miami Dade County area !+JJ D A t , 'c::. c �'s "-t'�r. .: s.. , 46t'.rl Fa_ milt literacy Programs • The Florida First Start/Parents to Kids initiative which targets children from birth to three years and their caregivers pr ovides adult education classes, parenting; classes, child care, and home visits. • The Even Start Program, a similar program targeting children from four to seven years of age and their caregivers r rovides adult education, parenting; early childhood education, and parent and child activity time. • Family Literacy Strategies are being integrated into many of the ABE /ESOL classes. Teachers have been provided a ipropriate training and materials, This initiative enhance adult education and supports the Miami -Dade County Public Schools Comprehensive Reading Plan. Other • Adult General Education (AGE) and vocational district completion percentages have increased each terra for 1998-f-9 Workforce Development Information System reporting. • Miami -Dade County Public Schools has a large investment in training for high -end vocational programs, e.g., G. T Baker— Aviation, The English Center — Computer Networking, Miami Lakes Technical Education Center Toyota, Robert Morgan Vocational Technical Institute --H )nda. • Analysis of Workforce Development Information System data at the state level shows that local school districts have consistently' outperformed community colleges in performance and placement of students in Adult General Education Programs. The Miami -Dade County League of Cities, Inc. 7480 Fairway Drive, Suite 206, Miami Lakes, Florida 33014 Phone: 305.557.1722 Fax: 305.821.5228 OFFICERS President HON. WIFREDO (WII.LY) GORT Commissioner, Miami First Vice President HON. R.S.SHIVER Vice Mayor, Florida City Second Vice President HON. REBECA SOSA Mayor; West Miami Third Vice President HON_ MITCHELL KINZER .Commissioner, Surfside Secretary HON. CARMEN CALDWELL Councilwoman, Hialeah Treasurer HON. DANIEL. S. TANTLEFF Vice Mayor, Bal Harbour BOARD OF DIRECTORS HON. PATRICIA ROGERS- LIBERT Vice Mayor, Aventura,. HON. SY ROTH Councilman, Bal Harbour HON. ROBERT H. YAFFE - Vice Mayor, Bay Harbor Islands HON. JOSEPH LOMAZZO Commissioner, Biscayne Park HON. JAMES T. BARKER Commissioner, Coral Gables HON. AUDREY EDMONSON Mayor, El Portal HON. ISREAL ANDREWS Commissioner, Florida City Executive Director Emeritus RUSSMARCHNER General Counsel HOWARD B. LENARD LEGISLATIVE PRIORITIES 2 ♦ Support the continued authority of counties and municipalities to manage and determine compensation for the use of public rights -of -way. Support the continued authority of counties and municipalities to impose and utilize cable and telecommunication franchise fees and tax revenues at their discretion. Additionally,' we oppose legislation that restricts or weakens local governments' authority to manage their right -of -way. ♦ Community Residential Homes (FS 419.0010): AMEND the state laws pertaining to Community Based Residential Facilities (CBRF's) to allow local governments more flexibility to impose local zoning regulations within residential districts. o Allow municipal service fee to be charged to tax exempt property, regarding public school property, the potential service fee, if any, to be determined by and between local government and public schools which provide educational or school services to the local population. ♦ Allow taxing authorities to receive property tax revenues from new construction programs on a partial -year basis. Support funding of $110 million in the Miami- Dade's Public School System, benefiting the citizens of the County, and municipalities. e Support adequate funding for drainage improvements and flood protection in Miami -Dade County implementing the 1989 Modified Water Delivery Project approved by the President and U.S. Congress. o Support amendment to Florida's Safety Belt Law to make drivers responsible for everyone in a vehicle to properly use a seat belt. Councilwoman, Pinecres[ HON. MARY SCOTT RUSSELL Commissioner, South Miami ♦ Oppose any effort by the State Legislature to assign the Community HON. DAVID SAMSON Mayor, Sunny Isles Beach College System control of the delivery of post secondary workforce HON. MELBA MANERO Commissioner,Surfside. education programs. This issue is one of local .decision and must not be HON. PRISCABARRETO Councilwoman, Sweetwater mandated by the State. HON. FRED "SPENCER" DENO, IV Councilman, Virginia Gardens PAST PRESIDENTS HON. SARA CHIKOVSKY h' Councilwoman, Golden Beach HON. JOHN A- CAVALIER, JR Mayor, Miami Springs HON. JULIO ROBAINA HON. JOHN KURZMAN Vice Mayor, North Miami Beach Councilman, Hialeah HON. RAUL L. MARTINEZ HON. GILDA CABRERA Mayor, . Hialeah Mayor, Hialeah Gardens HON. JEFFREY A- MISHCON HON. STEVE SHIVER Mayor, North Miami Beach Mayor, Homestead HON. ARTHUR SNYDER HON. LEONARD MILLER Mayor, Aventura Mayor, Indian Creek HON. JOE I. RASCO- Mayor, Key Biscayne ' HON. JACK MORROW Mayor, Medley HON, JIMMY L. MORALES Commissioner, Miami-Dade County HON. BETSY KAPLAN Board Member Miami -Dade County School Board HON. NEISEN 0. KASDIN Mayor, Miami Beach HON. AL DAVIS Councilman, Miami Shores HON. YVONNE S. ORR Vice Mayor, Miami Springs HON. PHILIP SCHONBERGER Commissioner, North Bay Village HON. FRANK WOLLAND Mayor, North Miami HON. JAY R CHERNOFF Councilman, North Miami Beach HON. ALVIN. MILLER Mayor, Opa -Locka HON. CINDIE BLANCK Executive Director Emeritus RUSSMARCHNER General Counsel HOWARD B. LENARD LEGISLATIVE PRIORITIES 2 ♦ Support the continued authority of counties and municipalities to manage and determine compensation for the use of public rights -of -way. Support the continued authority of counties and municipalities to impose and utilize cable and telecommunication franchise fees and tax revenues at their discretion. Additionally,' we oppose legislation that restricts or weakens local governments' authority to manage their right -of -way. ♦ Community Residential Homes (FS 419.0010): AMEND the state laws pertaining to Community Based Residential Facilities (CBRF's) to allow local governments more flexibility to impose local zoning regulations within residential districts. o Allow municipal service fee to be charged to tax exempt property, regarding public school property, the potential service fee, if any, to be determined by and between local government and public schools which provide educational or school services to the local population. ♦ Allow taxing authorities to receive property tax revenues from new construction programs on a partial -year basis. Support funding of $110 million in the Miami- Dade's Public School System, benefiting the citizens of the County, and municipalities. e Support adequate funding for drainage improvements and flood protection in Miami -Dade County implementing the 1989 Modified Water Delivery Project approved by the President and U.S. Congress. o Support amendment to Florida's Safety Belt Law to make drivers responsible for everyone in a vehicle to properly use a seat belt. Councilwoman, Pinecres[ HON. MARY SCOTT RUSSELL Commissioner, South Miami ♦ Oppose any effort by the State Legislature to assign the Community HON. DAVID SAMSON Mayor, Sunny Isles Beach College System control of the delivery of post secondary workforce HON. MELBA MANERO Commissioner,Surfside. education programs. This issue is one of local .decision and must not be HON. PRISCABARRETO Councilwoman, Sweetwater mandated by the State. HON. FRED "SPENCER" DENO, IV Councilman, Virginia Gardens PAST PRESIDENTS HON. JAMES T. BARKER Commissioner, Coral Gables ♦ The Miami -Dade League of Cities will the legislative. HON. JOHN A- CAVALIER, JR Mayor, Miami Springs support priorities of its members as well as of the Florida League. of Cities the Gold Coast HON. JOHN KURZMAN Vice Mayor, North Miami Beach and League of Cities. HON. RAUL L. MARTINEZ Mayor, . Hialeah HON. JEFFREY A- MISHCON LEGISLATIVE PRIORITIES 2000 Mayor, North Miami Beach 12/13/99 HON. ARTHUR SNYDER - Mayor, Aventura CITY OF SOUTH MIAMI To: Mayor and Commission Date: December 17, 1999 From: Earl G. Gallop Agenda Item City Attorney Commission Meeting 12/21/99 Attorney's Fees Nagin, Gallop and Figueredo, P.A. The attached resolution is for Legal Services for the City Attorney in the total amount of $2,28530. The accounts are summarized below:' Account' Available Balance This Invoice Consulting — Real Property/Foreclosure $ 13,387.20 $ 202.33 Account # 1500 -3435 Professional Services - $ 50.00.00 $ 40.00 Account # 608 - 1910`- 521 -3100 CRA Fund — General Legal $ 20,200.00 $ 90.00 Account #610-1120-554-3415 Legal Services Non Retainer $ 54,049.00 $ 1,950.37 Account # 1500 -3410 A detailed Billing Statement is attached. u 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN 6 GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $2,285.70 7 CHARGING $202.33 TO ACCOUNT NO. 1500 -514 -3435; 8 CONSULTING -REAL PROPERTY/FORECLOSURE, CHARGING 9 $40.00 TO ACCOUNT NO. 608 - 1910 - 521 -3100, PROFESSIONAL 10 SERVICES, CHARGING $90.00 TO ACCOUNT NO. 610 -1120- 554 - 11 3415 CRA FUND, GENERAL LEGAL, AND, CHARGING THE 12 REMAINDER TO ACCOUNT NO. 1500 -514 -3410, LEGAL 13 SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of South Miami approved 16 Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing 17 payment of City Attorney non- retainer attorneys' fees and costs; and, 18 19 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for 20 legal services rendered, and costs` advanced, for the period ending 21 November 30, 1999, in the amount of $2,285.70; and, 22 23 WHEREAS, the City Attorney recommends payment of the attached invoices. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. The invoices for attorneys' fees and, costs received from Nagin 29 Gallop Figueredo, P.A., in the total amount of $2,285.70; are approved for payment and 30 $202.33 shall be charged to Account 'No. 1500 -514- 3435, Consulting -Real 31 Property /Foreclosure; charging $40.00 to Account No. 608 ',1910 - 521 -3100, Professional 32 -3415, CRA Fund, General Services; charging $90,00 to Account No. 610- 1120 -554, 33 Legal, and the remainder to Account No. 1500- 514- 3410, Legal Services Non Retainer. 34 35 Section 2. This resolution shall take effect immediately upon approval. 36 37 ADOPTED this day of 1999. PASSED AND ADO , y 38 I 39 ATTEST: APPROVED: { 40 41 CITY CLERK MAYOR 42 43 COMMISSION VOTE: 44 READ AND APPROVED AS TO FORM: Mayor Robaina: 45 Vice Mayor Oliveros: 46 Commissioner Feliu: 47 CITY ATTORNEY Commissioner Bethel: 48 Commissioner Russell: i 1, I Additions shown by underlining and deletions shown by eg. a x NI AGINGALLOPFIGVEREDOP.A Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 December 7, 1999 Mr. Hakeem Oshiko a Y City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Mr.Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending November 30, 1999, in the amount of $2285.70. I tabulated the amounts due on each individual file as follows: 0022 -003 Williamson Foreclosure Prof I Services $ 0 Disbursements 7.00 Total Due $ 7.00 0022 -023 Parking Garage Contract Prof I Services $ 1,907.50 Disbursements 0 Total Due $ 1,907.50 0022 -027 Bruce v. Code Enforcement Board Prof l Services $ 120.00 +! Disbursements 2.00 Total Due $ 122.00 I 0022 -030 Jhuboolall v. CSM Prof 1 Services $ 37.50 Disbursements 0 jl Total Due $ 37.50 Mr. Hakeem Oshikoya December 7, 1999 Page 2 0022 -034 CSM v. Third Group Mortgage Prof 1 Services $ 60.00 Disbursements 13.33 Total Due $ 73.33 0022 -036 Eduardo Africano v.,CSM Prof 1 Services $ 0 Disbursements 8.37 Total Due $ 8.37 0022 -039 Forfeiture 1986 Mercedes Prof I Services $ 40.00 Disbursements 0 Total Due $ 40.00 0141 -001 CRA Parking Garage Prof 1 Services $ 90.00 Disbursements 0 Total Due $ 90.00 CURRENT TOTAL DUE $ 2,285.70 lDo not hesitate to call me if you have any questions regarding these statements. ,I Very truly yours, Earl G. Gallop Enclosures cc: Mayor and city commission a y ,y a CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 3, 1999 Charles D. Scum Matter ID: 0022 -002 City Manager Real Estate City of South Miami 6130 Sunset Drive Statement No. 5566 City of South Miami, FL 33143 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 10.25 I Payments -Thank you 0.00 I i Total Due 10.25 ' To be properly credited, please indicate Statement Number on your remittance check. a Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. 1 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOPFIGUEREDOPA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305)'854 -5353 Facsimile: (305) 854 -5351 December 3, 1999 Charles D. Scurr Matter ID: 0022 =003 City Manager City of South Miami Williamson Foreclosure 6130 Sunset Drive Statement No. 5567 City of South Miami,, FL 33143 Expenses Telefacsimile charge 7.00 Sub -total Expenses: 7.00 For Professional Services 0.00 For Disbursements Incurred 7.00 Current Balance: 7.00 Previous Balancer 0.00 Payments - Thank you 0.00 Total Due 7.00 To be properly credited, please indicate Statement Number on your remittance check. i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone (305) 854 -5353 Facsimile: (305) 854 -5351 December 3, 1999 Charles D. Scurr Matter ID: 0022 -008 City Manager, City of South Miami. Wascura v. City of South Miami 6130 Sunset Drive Statement No. 5568 City of South Miami, FL 33143 Payments 11/29/99 Payment Ck#25680 35.00 Sub -total Payments: 35.00 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 277.50 Payments - Thank you 35.00 Total Due 242.50 To be properly credited, please indicate Statement Number on your remittance check. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephoner (305) 854 -5353 Facsimile: (305) 854 -5351 December 3 1999 Charles D. Scurr Matter ID: 0022 =023 City Manager.: Parking garage contract City of South Miami 6130 Sunset Drive Statement No. 5569 City of South Miami, FL 33143 Hours - Amount 11/1/99 LRF Prepared memorandum to Charles Scurr concerning SPG proposal. 1.30 227.50 Telephone conference with Ralph Perez. 11/2/99 LRF Telephone conference with Charles Scurr. Telephone conference 1.00 175.00 with Ralph Perez regarding SPG's proposal Prepared memorandum to Mr. Scurr for City Manager's report to the City commission. 11/4/99 LRF Telephone conference with SPG regarding financing for the project. 0.50 87.50 Telephone status conference with Charles Scurr. 11/8/99 LRF Telephone conference with Ralph Perez. Telephone status 0.40 70.00 conference with Charles Scurr. 11/9/99 LRF Met with Al Elias, Ralph Perez and Charles Scurr to discuss 2.40 420.00 SPG's perceived impact of the changing market conditions on current mixed -use; project. Discussed possible alternatives. Telephone conference with Ralph Perez. Prepared letter to SPG. 11/10/99 LRF Finalized letter draft of letter to SPG. Telephone conference with 1.00 175.00 Charles Scurr concerning modifications to letter. Finalized letter. 11/11/99 LRF Reviewed correspondence from SPG. Prepared response. 0:50 87.50 11/12/99 LRF Telephone conferences with Charles Scurr and Ralph. Perez. 0.50 87.50 11/16/99 LRF Telephone conference with Charles Scurr. 0.20 35.00 11/17/99 LRF Telephone conference with Charles Scurr concerning 0.30 52.50 developments. 11/18/99 LRF Telephone conference with Charles Scurr. 0.30 52.50 11/30/99 LRF Meeting with Mr. Scurr and Mr. Basu and SPG to discuss 2.50 437.50 alternative proposal. Total Professional Services 1,907.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -023 Statement No.: 5569 Page: 2 Rate Summary Luis R. Figueredo 10.90 hours at $175.00/hr 1,907.50 Total hours: 10.90 Payments 11/29/99 Payment Ck#25680 2,951.00 Sub- total Payments: 2,951.00 For Professional. Services 1,907.50 For Disbursements Incurred 0.00 Current Balance: 1,907.50 Previous Balance: 5,138.75 Payments - Thank you 2,951.00 Total Due 4,095.25 x To be properly credited, please indicate Statement Number on your remittance check. i l i l l l . Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a a rate of 1.5 % per month will be charged if payment is not received within 30 days. i i w x CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305)'854 -5351 Charles D. Scurr December 3, 1999 City 0022 -027 ..City Manager City of South Miami Bruce v. Code Enforcement 6130 Sunset Drive Statement No. 5570 City of South Miami, FL 33143 Hours Amount 11/5/99 EAB Prepared letter to Mr. Harris regarding dismissal of appeal; release 0.50 75.00 of liens; and Mr. Bruce's non- compliance with the settlement agreement; telephone conference with Sonia Lama regarding Mr. Bruce's non - compliance with the settlement. 11/8/99 EAB Telephone conference with Mr. Harris' regarding enforcement of 0.30 45.00 settlement action and filing dismissal of appeal by Bruce Total Professional Services 120.00 Rate Summary Eve A. Boutsis 0.80 hours at $150.00 /hr 120.00 Total hours: 0.80 Expenses Telefacsimile charge 2.00 Sub -total Expenses: 2.00 Payment is due upon receipt.' Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received' within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY/CLIENT PRIVILEGED Matter ID: 0022-027 Statement No.: 5570 Page: 2 For Professional Services 120.00 For Disbursements Incurred 2.00 Current Balance: 122.00 Previous Balance: 152.79 Payments - Thank you 0.00 Total Due 274.79 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDORA Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 3, 1999 Charles. D. Scurr Matter ID: 0022 -030 City Manager City of South Miami Jhuboolall v. CSM, Bradshaw 6130 Sunset Drive Statement No. 5571 City of South Miami, FL 33143 Hours Amount 11/23/99 EAB Telephone conference with Chief Watson regarding City's 0.30 37.50 admissions and 4th production due on 11- 26 -99. Total Professional Services 37.50 Rate Summary Eve A. Boutsis 0.30 hours at$125.00 /hr 37.50 Total hours: 0.30 Payments 11729/99 Payment Ck#25680 1,113.12 Sub -total Payments: 1,113.12 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -030 Statement No.: 5571 Page: 2 For Professional Services 37.50 For Disbursements Incurred 0.00 I Current Balance: 37.50 Previous Balance: 1,125.37 Payments - Thank you 1,113.12 Total Due 49.75 To be properly credited, please indicate Statement Number on your remittance check. 1 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest of a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 3, 1999 Charles D. Scurr Matter ID: 0022 -034 City of South Miami City .Manager `CSM v. Third Group Mortage, 6130 Sunset Drive Statement No. '5572 City of South Miami, FL 33143 Hours Amount 11/8/99 EAB ' Reviewed file and attempted to respond to Court's inquiry regarding 0.10 15.00 Order on settlement of action. 11/15/99 EAB Analyzed Kaplan's changes to proposed settlement agreement; 0.20 30.00 meeting with Earl G. Gallop, about same. 11/17/99 EAB Memorandum to file regarding'non- attendance at Davis Gardens 0.10 15.00 deposition Total Professional Services 60.00 Rate Summary Eve A. Boutsis 0.40 hours at $150.00 /hr 60.00 Total hours: 0.40 Expenses Telefacsimile charge 6.00 Legal research 7.33 Sub -total Expenses: 13.33 Payments 11/29/99 Payment Ck #25680 639.20 Sub -total Payments: 639.20 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED ,a Matter ID: 0022 -034 Statement No.: 5572 Page: 2 For Professional Services 60.00 For Disbursements Incurred 13.33 Current Balance: 73.33 Previous Balancer 2,385.19 Payments -Thank you 639.20 Total Due 1,819.32 i To be properly credited, please indicate Statement Number on your remittance check. 9 s 'i 5 j Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a 11 rate of 1.5% per month will be charged if payment is not received within 30 days. 6 CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGEREDOPA. Attorneys & Counselors 3225,Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 - 5353 Facsimile: (305) 854 -5351 Charles D. Scurr December 3, 1999 Matter ID: 0022 -036 City Manager City of South Miami Eduardo Africano v. CSM 6130 Sunset Drive Statement No. 5573 City of South Miami,l=L 33143 Expenses Photocopies 6.50 Postage 1.87 Sub -total Expenses: 8.37 Payments 11/29/99 Payment Ck#25680 105.50 Sub- total Payments: 105.50 For Professional Services 0.00 For Disbursements Incurred 8.37 I� Current Balance: 8.37 Previous Balance: 235.40 Payments - Thank you 105.50 Total Due 137.97 To be properly credited, please indicate Statement Number on your remittance check. u h Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a E rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 3, 1999 Charles D. Sctarr Matter ID: 0022 -037 .City Manager City of South Miami Forfeiture in re 1993 Mazda 6130 Sunset Drive Statement No. 5574 City of South Miami, FL 33143 Payments 11/29/99 Payment Ck #25680 22.13 Sub -total Payments: 22.13 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 80.97 Payments - Thank you 22.13 Total Due 58:84 To be properly credited, please indicate Statement Number on your remittance check." Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr December 3, 1999 Matter ID: 0022 -038 City Manager City of South Miami Forfeiture of 1992 Oldsmobile. 6130 Sunset Drive Statement No. 5575 City of South Miami, FL 33143 Payments 11/29/99 Payment Ck#25680 131.77 Sub -total Payments: 131.77 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 i Previous Balance: 214.32 Payments - Thank you 131.77 j Total Due 82.55 To be properly credited, please indicate Statement Number on your remittance check. i i it Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED C it NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr December 3, 1999 Matter ID: 0022 - 039 City Manager I City of South Miami n Re 1986 Mercedes 6130 Sunset Drive Statement No. 5576 City of South Miami, FL 33143 Hours Amount 11/1/99 EAB Telephone conference with Mr. Scurr regarding possible 0.20 20.00 re-purchase of car by family of claimant; prepared fascimile to A.C. Feldman transmitting offer of Mr. Mirsky li 11/8/99 EAB Telephone conference with Greg Feldman regarding terms of 0.20 20.00 forfeiture of vehicles pursuant to the Fla. Contraband forfeiture Act, and whether the City 9 Y has the legal ability to give the vehicle back to the claimant's family. Total Professional Services 40.00 Rate Summary Eve A. Boutsis 0.40 hours at $100:00 /hr 40.00 Total hours: 0.40 Payments 11/29/99 Payment Ck #25680 181.97 Sub -total Payments: 181.97 it 4 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -039 Statement No.: 5576 Page: 2 For Professional Services 40.00 For Disbursements Incurred 0.00 Current Balance: 40.00 Previous Balance: 796.39 Payments - Thank you 181.97 Total Due 654.42 To be properly credited, please indicate_ Statement Number on your remittance check. l 'I j Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i� x CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDOP.A Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr December 3, 1999 Matter ID 0022 -040 City Manager City of South Miami Forfeiture of 1987 Aerostar Van 6130 Sunset Drive Statement No. 5577 City of South Miami, FL 33143 Payments 11/29/99 Payment Ck #25680 45.58 Sub -total Payments: 45.58 For Professional' Services 0.00 For Disbursements Incurred 0.00 Current Balance :' 0:00 Previous Balance: 54.55 Payments Thank you 45.58 Total Due 8.97 To be properly credited, please indicate Statement Number on your remittance check. I f I i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGTN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33.133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 December 3, 1999 Charles D. Scurr Matter ID: 0141 -001 City Manager City of South Miami Parking garage. 6130 Sunset Drive Statement No. 5585 City of South Miami, FL 33143 Hours Amount 11/2/99 SLC Reviewed letter concerning changes to contract; attended 0.60 90.00 conference with Mr. Figueredo regarding clarification in letter. Total Professional Services 90.00 i Rate Summary Scott L. Cagan g 0.60 hours at $150.00 /hr 90.00 Total hours: 0.60 For Professional Services 90.00 For Disbursements Incurred 0.00 Current Balance: 90.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 90.00 Ik, h E To be properly credited, please indicate Statement Number on your remittance check. q i i E Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. i 7PREF�WM-7 , ., CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 12/17199 AGENDA ITEM `# FROM Charles D. Scurr Comm. Mtg. 12/2199 City Manager ai After School House REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AFTER SCHOOL HOUSE; ACCEPTING MONETARY DONATION FROM MIAMI DADELAND ROTARY FOUNDATION, INC., IN THE AMOUNT OF $3,979.45 TO PURCHASE COMPUTERS AND ACCESSORIES FROM AURORA SYSTEM, INC.; DISBURSEMENT FROM ACCOUNT NO. 001- 0000 - 219 - 3000, ENTITLED "ESCROW - AFTER SCHOOL HOUSE DONATIONS" PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The After School House, a non- profit organization,; which providing tutorial services to local youth, solicits contributions as its main source of funding. Ms. Daisy Harrell, the Director has been instrumental in securing funds to from Dadeland Rotary Foundation, Inc., to purchase four computers and accessories. > The computers will by the students exclusively. The attached resolution sponsored by Vice Mayor Russell accepts the 'monetary donation in the amount of $3,979.45 from Dadeland Rotary Foundation, Inc. It further authorizes administration to purchase said computer equipment from Aurora Systems, Inc. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 AFTER SCHOOL HOUSE; ACCEPTING MONETARY 6 DONATION ' FROM MIAMI DADELAND ROTARY 7 FOUNDATION INC, IN THE AMOUNT OF $3,979.45 TO 8 PURCHASE COMPUTERS AND ACCESSORIES FROM 9 AURORA SYSTEM, INC.; DISBURSEMENT FROM ACCOUNT 10 NO. 001- 0000 - 219 -3000 ENTITLED "ESCROW — AFTER 11 SCHOOL HOUSE DONATIONS "; PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the Mayor and City Commission of the City of South Miami 15 graciously, accepts Miami Dadeland Rotary Foundation, Inc., generous monetary 16 donation of $3,979.45 to go toward the purchase of computers for the After School 17 House Program; and 18 19 WHEREAS, an agreement was reached between the Miami Dadeland 20 Rotary Foundation, Inc, on behalf of the After School House Program and Aurora 21 Systems, Inc. to purchase 4 Toshiba Pentium 11 -400 System computers; 4 KDS 22 15 Color Monitors 1 Epson Stylus 44 Printer -4 ppm b /w, 2.5 ppm. Color; 5 3 23 COM Surge Protectors and 4 speakers; and 24 25 WHEREAS, the Mayor and City Commission desire to accept this donation 26 and purchase the computers, monitors, printers, surge protector and speakers on 27 behalf of the After School House. 28 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 31 32 Section 1. Administration is hereby authorized to accept monetary 33 donation on behalf of the After School House from Miami Dadeland Rotary 34 Foundation, Inc, 35 36 Section 2. Administration is hereby authorized to purchase computers, 37 monitors, printers, surge protector and speaks on behalf of the After School House 38 from Aurora Systems, Inc. Disbursement will come from Account No. 001 -0000- 39 219 -3000 entitled "Escrow — After School House Donations." 40 41 42 Additions shown by underlining and deletions shown by ever- Ar'iking. ■ ICI I� 1 2 Section 3. This resolution shall take effect immediately upon approval. 3 4 5 PASSED AND ADOPTED this day of , 1999. 6 7 ATTEST: APPROVED: 8 9 10 CITY CLERK MAYOR 11 12 Commission Vote: 13 READ AND APPROVED AS TO FORM: Mayor Robaina: 14 Vice Mayor Russell: 15 Commissioner Feliu: 16 CITY ATTORNEY Commissioner Bethel: 17 Commissioner Bass: 18 Page 2 of 2 AURORA SYSTEMS,' INC Invoice 13322 SW 128 STREET Invoice Number: MIAMI, FL 33186 -5807 26397 12/22/99 Invoice Date: 4.0 Dec 15, 1999 Voice: (305)255 -1452 Page: Fax: (305)255 =1741 1 Sold To: 93.80 After School House 3 COM Surge Protector 5121 SW 68 St 70.85 South Miami, FL Speakers Customer PO Payment Terms Due Date Sales Rep ID i Net 7 Days 12/22/99 3,180.96 Quantity Description Unit Price Extension 4.0 Toshiba Pentium 11 -400 System 795.24 3,180.96 4.0 KDS 15" Color Monitor 133.46 533.84 1.0 Epson Stylus 440 Printer - 4ppm B/W, 2.5ppm Color 93.80 93.80 5.0 3 COM Surge Protector 14.17 70.85 4.0 Speakers 25.00 100.00 Subtotal 3,979.45 Sales Tax I Total Invoice Amount 3,979.45 1 Payment Received 0.00 i TOTAL 3,979.45 Finance charges of 1 1/2% per month will be added to past due balances. W Dec -14 -99 03:44P ERAS JV 305 - 255 -1741 P.02 Quotation AURORA SYSTEMS, INC Quote Number: 13322 SW 128 STREET 25215 MIAMI, FL 33186 -5807 Quote Date: Nov 221, 1999 Paqe: Quoted to: After S"rl0[C01 -10Lse ,oulh Warn., rn., 1 L Good Thru Payment Terms Sales Rep 121122 / 99 Net ? Latis Quantity Description Unit Price Extension -t•.CG T,,sh,bc Per•ti.,r -, 11-4,00 System t9 5.24 3,180:96 , 1 7 '. X1.,;0 KDS 15 t,cic?. Joi�itor 1.;.;:46 5 33.84 1.(10 cps�n Stti u� 14l J Frinlcr _ 4pGm �.5cpr .,rdor Z �a�:8u 93.80 1 j S rae 'f i1teC1 ( 14.1 ' '0 8� Clh� 100.0C i i j Subtotal 3,919.45 Sales Tax Total 3,979.45 i 'CASH RECEIPT ` CASH CHECK NO 1 3 City of South Miami : 19 FUND ACCOUNT NO RECEIVED OF v I� nP C('R 1PTi(IM �� ���� f-�i1 � min %i � 1 City of South Miami INTER- OFFICE MEMORANDUM TO: Mayor and City Commission Date: December 14,1999 FROM: Charles Scurr Re Agenda Item # J�V City Manager Comm. Mtg. Dec 21, `1999 FDCSIl' Grant REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT FY 2000 OF $5,135.00; AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; `DESIGNATING $1,711.00 FROM ACCOUNT NUMBER 1910- 521 - 1410, ENTITLED "REGULAR OVERTIME BUDGET OF THE POLICE DEPARTMENT," AS THE 'MATCHING FUNDS REQUIRED BY THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS On May 12, 1999, the Police Department made application for the Federal Drug Control and System Improvement Program Grant. On October 5, 1999, we received the award letter from Miami -Dade County. The attached Resolution is an effort by the Police Department to secure federal funding under the Federal Drug Control and System Improvement Program Grant through Miami - Dade County to re- energize and expand public awareness of crime prevention within the community. In the early 1980's, a substantial increase in the crime rate in the City of South Miami led to one initiation of several crime prevention efforts relating to Citizens Crime Watch. Members of the Police Department helped organize several neighborhood crime watch groups and met with local merchants groups to promote Business Crime Watch programs. After achieving success in the mid- 1980's, utilizing these programs resources were reallocated as apathy set in. In the ensuing years the Police Department has realized a steady increase in crime and lack of community involvement in the area of crime prevention. It is the desire of the Police Department to re- energize the cooperation of it's 'residents in crime prevention and expand public awareness to all segments of the City. The acceptance of this grant would assist in re- energizing this program. The matching funds would come from the existing overtime budget, the line item "Overtime (1910- 521 - 1410). i 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF _ SOUTH MIAMI, FLORIDA RELATING TO 5 THE ACCEPTANCE OF THE FEDERAL DRUG CONTROL AND 6 SYSTEM IMPROVEMENT PROGRAM GRANT FY 2000 OF 7 $5,135.00; AUTHORIZING THE CITY MANAGER TO 8 EXECUTE APPLICABLE CONTRACTS AND DOCUMENTS; 9 DESIGNATING $1,711 FROM ACCOUNT NUMBER 1910-521 - 10 1410, ENTITLED "REGULAR OVERTIME BUDGET OF THE 11 POLICE DEPARTMENT," I AS THE MATCHING FUNDS 12 REQUIRED BY THE GRANT; AND PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the United States Department of Justice through the Federal 16 Drug Control and System Improvement program, has allocated through Miami - 17 Dade County for the City of South Miami $5,135.00 for the revitalization of the 18 Crime Prevention Program; and 19 20 WHEREAS, the Police Department desires to use the funds to re- energize 21 and increase public awareness and the need of neighborhood crime prevention; 22 and 23 24 WHEREAS, the matching funds requirement of the grant, $1,711.00, would 25 not adversely affect the operations of the Police Department; and 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 29 30 Section 1. The City Manager, is authorized to accept money- from the 31 Federal Drug Control and System Improvement Program Grant through Miami - 32 Dade County in an amount of $5,135.00. 33 34 Section 2. The City Manager is authorized to designate $1,711.00 from 35 the regular overtime budget of the Police Department (account #1910- 521 -1410) 36 as matching funds as required by the grant. 37 38 Section 3. The City Manager is authorized to execute any subsequent 39 documents relative to obtaining this grant. 40 41 Section 4. That this resolution be effective immediately after adoption 42 hereof. 43 44 PASSED AND ADOPTED this day of , 1999. 45 46 ATTEST: APPROVED: 47 48 49 50 CITY CLERK MAYOR 51 52 Commission Vote: 53 READ AND APPROVED AS TO FORM: Mayor Robaina: 54 Vice Mayor Russell: 55 Commissioner Feliu: 56 Commissioner Bethel: 57 Commissioner Bass: 58 CITY ATTORNEY 59 60 61 62 63 64 65 OF Huh f4 S D DH September 30, 1999 S., Chief Cokes Watson !ey! Y ,9r.��� South Miami Police Department our tie 6130 Sunset Drive South Miami, Florida 33143 RE: Contract Award FY2000 Drug Control and System Improvement Program Community Policing Dear Chief Watson: We are pleased to provide you with the contract for your program under the Dade County Drug Control and System Improvement Program FY2000. The federal funds are $5,135 and the 25% Cash Match which your city has agreed to provide is $1,711, making the total amount of the project budget not to exceed $6,846. We are providing you with 4 sets of contracts for your program. Each of the four contracts must have the ORIGINAL signatures of the Manager/Mayor and City Clerk, and must have the city seal affixed on the contract signature page. Also, the contracts include several Affidavits which require an ORIGINAL and notarized signature. Upon signing by your city officials, the contracts are to be returned to this office along with the City Council resolution to accept these funds: Our staff will complete the execution process in the County and send you a fully executed contract for your records. Reimbursement for First Quarter expenditures can occur ONLY if the contract is fully signed by the jurisdiction and returned to the Department of Human Services with the accompanying council resolution. In accordance with your communication with this office, it is our understanding that Captain Bruce Ross is the designated contact person for this project. As such, all routine correspondence and reporting activities throughout the grant year will be directed to your contract designee. Please notify us immediately if this designation changes. If you have any questions on this matter, please contact me or LaWanda S. Scott of my staff, at 375 - 5043. 1 look forward to working with you this year! Sincerely, Miami -Dade County �--- Department of Human Services, Director's Office Richard W. Harris, Jr. STEPHEN P. CLARK CENTER Project Director I I I NW FIRST STREET SUITE 2210 Enclosures MIAMI, FLORIDA 33128 -1912 (305) 375 -5416 FAX (305) 375 -4238 MIAM. E MIAMI -DADE COUNTY AGREEMENT This Agreement, made and .entered into this day of 1999, by and between Miami -Dade County, a political subdivision of the State of Florida hereinafter referred to as the "COUNTY ", through its DEPARTMENT OF HUMAN SERVICES and the CITY OF SOUTH MIAMI located in Miami -Dade County, Florida hereinafter referred to as the "PROVIDER provides the terms and conditions pursuant to which the PROVIDER shall provide a - CONZMUNITY POLICING PROGRAM. WHEREAS, the COUNTY has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100 -690 the Anti-Drug A B use Act of 1988, hereinafter referred to as the ACT, and WHEREAS, the PROVIDER warrants and represents that it possesses the legal authority to enter into this Agreement by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the PROVIDERs governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the PROVIDER to carry out on behalf of the PROVIDER all of the duties and responsibilities set forth in this Agreement, and WHEREAS, this AGREEMENT shall be deemed effective upon award of grant funds by the State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance to Miami -Dade County and being duly executed by both parties, whichever is later, and Page l of 12 WHEREAS, the COUNTY is desirous of supporting an expansion of the services provided by the COMMUNITY POLICING PROGRAM by providing a portion of the federal funds awarded to Dade County to the COMMUNITY POLICING PROGRAM and WHEREAS, the COUNTY as contractor /grantee for the State of Florida is authorized to purchase said services for COMMUNITY POLICING PROGRAM` as an allowable activity under the ACT, and WHEREAS, the COUNTY requires the above - mentioned services from the PROVIDER in order to fulfill its contractual obligations under the aforementioned grant, and NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, " the parties hereto intending to be legally bound, agree as follows: L SCOPE OF SERVICES. The PROVIDER agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. H. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 1999 through September 30, 2000. III. AMOUNT PAYABLE. Both parties agree that subject to the COUNTY's receipt of State funds, the maximum amount payable under this Agreement shall not exceed $5,135 The breakdown of this amount by budget category is included in the budget schedule found in Attachment B of this Agreement. Both parties agree that should available County funding be reduced, the amount payable under this Agreement may be proportionately reduced at the option of the County. W. CASH .MATCH REQUIREMENT. The PROVIDER shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by COUNTY inclu ding dm the required 25 / Cash Match, and provide all equipment and supplies required for the provision of services. V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. 'Requirements of the Anti -Drug Abuse Act The PROVIDER agrees to abide by all of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 9B -61. Furthermore, this Page 2 of 12 AGREEMENT shall incorporate by reference the provision of that certain document entitled "State of Florida, Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance Subgrant Application for Anti -Drug Abuse Act Funds" and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. B. Supplanting The PROVIDER agrees that funds received under this Agreement shall be utilized to supplement, not supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti -drug law enforcement activities, in accordance with Rule Chapter 9B- 61.006 (5) of the ACT. VI. CONTINUITY OF SERVICES. Provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Designate a contract coordinator who shall be responsible for 1) monitoring the PROVIDER's compliance with the terms of this Agreement and, 2) whenever the COUNTY so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER Any PROVIDER shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentality's from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentality's may incur as a'result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the PROVIDER or its employees, agents, servants, partners, principals or subcontractors. PROVIDER shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the PROVIDER shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the PROVIDER arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the PROVIDER. IX. INSURANCE. As a political subdivision of the State as defined by section 768.28, Florida Statutes, the PROVIDER shall furnish the COUNTY, upon request, written verification: of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. Page 3 of 12 X. LICENSURE AND CERTIFICATION. Ensure that all other licensed professionals providing COMMUNITY POLICING PROGRAM services shall have appropriate training and experience in the field in which he /she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the PROVIDER shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST. The PROVIDER warrants and represents that no person under the employ of the PROVIDER, who exercises any function or responsibility in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, any personal financial interest, direct or indirect, in this Agreement. XH. CIVIL RIGHTS. The PROVIDER agrees to abide by Chapter 11A, Article IV of the Code of Metropolitan Dade County ( "County Code"), as amended, which prohibits discrimination in employment; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination runation - Act of 1975; 42 U.S.C. as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sect. 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42, U.S.C. Sect. 12103 et. seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, B the County shall have the right to terminate this Agreement. It is further understood that the PROVIDER must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. Sect. 1612, and the Fair Housing Act, 42 U.S.C. Sect. 3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the PROVIDER, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the Count will County vvi conduct no further business with the PROVIDER. Any contract entered into based upon a false affidavit shall be voidable by the County. If the PROVIDER violates any of the Acts during the term of any contract the PROVIDER has with the County, such contract shall be voidable by the County, even if the PROVIDER was not in violation at the time it submitted its affidavit. XIII. NOTICES. Notice under this Agreement shall be sufficient if made in writing and delivered personally or sent by mail or by FAX to the parties at the following addresses (or to such other party and at such other address as a party may specify by notice to others): If to the COUNTY: Miami -Dade County Department of Human Services 111 NW 1 st Street, Suite 2210 Miami, Florida 33128 Attention: Mr. Richard W Harris, Jr. Page 4 of 12 If to the PROVIDER: South Miami Police Department 6130 Sunset Drive South Miami, FL 33143 Attention: Asst. Chief Michael Mills XIV. AUTONOMY. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the COUNTY. Furthermore, the PROVIDER's agents and employees are not agents or employees of the COUNTY. XV. BREACH OF AGREEMENT: COUNTY REMEDIES. A. Breach. A breach by the PROVIDER shall have occurred under this Agreement if the PROVIDER shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or shall violate any of the covenants, agreements, stipulations, representations or warranties contained herein. B. COUNTY Remedies. If the PROVIDER breaches this Agreement, the I, COUNTY ma y p ursue any all of the following remedies.. 1 The COUNTY shall have the right to terminate this Agreement or reduce funding by giving at least five (5) 5 days prior written notice to the PROVIDER of Y such intent to terminate or reduce services. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the provider with the County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Provider under this Agreement; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect cost associated with such termination, including attorney's fees; 2. The COUNTY may suspend payment in whole or in part under this Agreement by providing written notice to the PROVIDER of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. 'If payments are suspended, the COUNTY may also suspend any payments in whole or in part under any other contracts entered into between the COUNTY and the PROVIDER. The PROVIDER shall be responsible for all direct and indirect costs associated with such suspension, including attorney's' fees; 3. If, for any reason, the PROVIDER should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Agreement by giving written notice to the provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The COUNTY may terminate or cancel any other contracts which such entity has with the county. Such entity shall be responsible for all direct or indirect costs associated with such Page 5 of 12 termination or cancellation, including attorney's fees. Any entity who attempts to meet is contractual obligations with the county through fraud, misrepresentation or material misstatement may be debarred from county contracting for up to five (5) years. 4. Any other remedy available at law or equity., The County Manager is authorized to terminate this Agreement n t o n behalf of the County. C. Damages Sustained. Notwithstanding the above, the PROVIDER shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement, and the COUNTY may withhold any payments to the PROVIDER until such time'as the exact amount of damages due the COUNTY is determined and properly settled. The PROVIDER shall be responsible for all direct and indirect costs including attorney's fees, associated with any legal or equitable remedies the county may wish to pursue. XVI. TERMINATION BY EITHER PARTY. This Agreement may be terminated without cause by either party by giving sixty (60) days prior written notice to the other party of such intent to terminate. XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The PROVIDER agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B A. Budget Variance. Funds may be shifted between approved line items, not to exceed fifteen percent (15 %) of the total budget, without a written amendment. Variances greater than fifteen percent (15 %) in any line approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the COUNTY will review the PROVIDER'S Year -To -Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a` plan 'with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the COUNTY. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the COUNTY will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. ' Payment Procedures. The County agrees to pay the PROVIDER for services rendered under this Agreement based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost -basis Agreement and the Page 6 of 12 PROVIDER shall be paid through reimbursement payment for allowable expenses on the budget approved under this Agreement (see Attachment B). The PROVIDER agrees to invoice the COUNTY for each Community Drug and Crime Prevention Program using the Quarterly Project Performance Report & Invoice as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. B.1. The Quarterly Project Performance Report & Invoice shall be prepared in a manner in accordance with the form provided in Attachment C. The final Quarterly Project Performance Report & Invoice shall be submitted by October 15, 2000. D. The PROVIDER agrees to mail all invoices to the address listed above, Section XIIL E. The COUNTY agrees ` review eview invoices and to inform the PROVIDER of any y questions. Payments shall be mailed to the PROVIDER by the COUNTY'S Finance Department. F. No payment of subcontractors In no event shall county funds be advanced directly to any subcontractor hereunder.- XVM. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY A. Acquisition of Property. The PROVIDER is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the PROVIDER organization, will be considered an unnecessary expenditure. B. Screeniniz. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the PROVIDER organization can meet identified needs. While there is no prescribed standard for such review, the PROVIDER procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the PROVIDER organization. The establishment of a screening committee may facilitate the process; however, the PROVIDER may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the PROVIDER's organization. The COUNTY must ensure that the screening referenced above takes place and that the PROVIDER has an effective system for property management. The PROVIDER is hereby informed that if the COUNTY is made aware that the PROVIDER does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss. Damage or Theft of Equipment The PROVIDER is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. Page 7 of 12 E. Management. , The PROVIDER procedures for managing equipment (including replacement), whether' acquired in whole or in part with project funds, will, as a'minimum, meet the following requirements: 1. Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of COUNTY participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2. a physical inventory of the property must be taken and the results >reconciled with the property records at least once every 2 years; 3. a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the PROVIDER as appropriate; 4.. adequate maintenance procedures must exist to keep the property in good condition; and 5. if the PROVIDER is authorized or required to self the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a' p period of 3 years from the date of the . disposition' or replacement or transfer at the discretion of the COUNTY. If any litigation, claim, or audit is started before the expiration of the 3 year period, the records shall be retained until' all litigation, claims, or audit findings involving the records have been resolved. G. Year 2000 Compliant. The PROVIDER warrants that any and all computer systems and equipment utilized with this program are year 2000 compliant or that, at the PROVIDER'S sole cost and expense, the necessary steps shall be taken to make such computer systems and equipment year 2000 compliant prior to January 1, 2000. XIX. RECORDS, REPORTS, MONITORING AND AUDITS, EVALUATION STUDIES I The PROVIDER shall keep records of program services in sufficient detail to provide any reports which may be requested by the COUNTY. A. Records. All program records will be'retained by the PROVIDER for not less than three (3) years beyond the term of this Agreement. In accordance with contract requirements from the State of Florida, records for the COMMUNITY POLICING PROGRAM services must reflect: 1: The names of staff providing services as described in Attachment A 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A i 4. The records of all other program services provided under this Agreement. B. Reporting Requirements. As to required reports, the PROVIDER shall: 1. QuarterlyProject Performance Report and Invoice Submit Quarterly Project Performance Report and Invoice to the Department of Human Services by January 15, April 15, July 15, and October 15 2000 covering the Agreement activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall be submitted in the format and using the form attached hereto as Attachment C. Page 8 of 12 2. Other Required Reports. The PROVIDER shall submit other reports as may be required,by the Department of Human Services during the program year. C. Changes to Reporting Requirements. The PROVIDER understands that the COUNTY may at any require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. Make available for review, inspection, monitoring or audit by the COUNTY without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a "result of this Agreement. The PROVIDER shall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the COUNTY to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, b the Office of the Dade Count Inspector Y Y P General or independent private sector inspector general retained by the Office of the Inspector General. E. Independent Private Sector Inspector General Reviews. Pursuant to Miami -Dade County Administrative Ordinance 3 -20, the PROVIDER is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereafter "IPSIG"), whenever the county deems it appropriate. Upon written notice from the COUNTY, the PROVIDER shall make available to the IPSIG retained by the county, all requested records and documentation pertaining to this agreement for inspection and copying. The COUNTY shall be responsible for the payment of these IPSIG services, and under no circumstances shall the provider's budget and any changes there to approved by the COUNTY, be inclusive of any changes relating to these IPSIG services. 1 F. Evaluation Studies. PROVIDER agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the State of Florida, Department of Community affairs, Division of Housing and Community Development, Bureau of Community Assistance. This participation shall at a minimum include access to PROVIDER'S premises and records. XX PROHIBITED USE OF FUNDS: A. Adverse Actions or Proceeding. The PROVIDER shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentality's, employees or officials. The PROVIDER shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentality's, employees or officials. B. Religious Purposes. 'County funds shall not be used for religious purposes. C. Commimling Funds. The PROVIDER shall not commingle funds provided under this Agreement with funds received from any other funding sources. Page 9 of 12 ------------------------- ----------- . . . . . . . . . . . . . XX1. MISCELLANEOUS. A. This Agreement is the complete and exclusive statement of all the arrangements between the COUNTY and the PROVIDER regarding the provision of the services described in Attachments A and B. B. Except as otherwise enumerated herein, no amendment to this Agreement shall be binding on either party unless in writing and signed by both parties and approved by the County Manager provided, however, that the COUNTY may effect amendments to this Agreement without the written consent of the PROVIDER, to conform this Agreement to changes in the laws, directives, guidelines, and objectives of county, state and federal governments. C. Nothing herein shall alter, affect, modify, change or extend any other agreement between the PROVIDER and the COUNTY unless specifically stated herein. D. All reports, information documents, tapes and recordings, maps and other data and procedures, developed, prepared, assembled or completed by the PROVIDER in connection with the duties and responsibilities undertaken by the PROVIDER in accordance with the terms of this Agreement shall become the property of the COUNTY without restriction, reservation or limitation of their use and shall be made available to the COUNTY by the PROVIDER at any time upon request by the COUNTY. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the COUNTY upon request. E. Agreement Guidelines. The Provider agrees to comply with all applicable federal state and county laws, rules and regulations, which are incorporated herein by reference as set forth herein. This Agreement shall be interpreted according to the laws of the State of Florida and proper venue for this Agreement shall be Dade County, Florida. F. Amendments. Any alterations, variations, amendments, or other modifications of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. The COUNTY and PROVIDER mutually agree that amendments of the Scope of Service, line item budget of more than fifteen percent (15%) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Agreement between the parties. The County Manager is authorized to make amendments to this Agreement as described herein on behalf of the COUNTY. G. Publt It is understood and agreed between the parties hereto that this PROVIDER is funded by Miami-Dade County. Further, by acceptance of these funds, the PROVIDER agrees that events and printed documents funded by this Agreement shall recognize the funding source as follows: This program was supported by a grant awarded to Miami-Dade County Department of Human Services, State of Florida Department of Community Affairs and U.S. Department of Justice, Bureau of Justice Assistance (BJA). Page 10 of 12 H. Sub- Contracts. The Provider agrees not to enter into sub - contracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any or all of its rights, title or interest herein, or its power to execute such Agreement without the prior written approval of the COUNTY and that all sub - contractors or assignees shall be governed by the terms and conditions of this Agreement. I. Heading. Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used in herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. J. Total of Agreement /Severability of Provisions. The twelve (12) page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A Agreement Program Review (Scope of Services) Attachment B: Agreement Program Budget Attachment C Quarterly Project Performance Report & Invoice Attachment D. Miami -Dade County Affidavits No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby such remainder would then continue to conform to the terms and requirement of applicable law. Page l 1 of 12 SUMMARY OF ATTACHMENTS i PROGRAM NARRATIVE Jurisdiction Name: SOUTH MIAMI Contact Person: Asst. Chief Michael Mills Address: 6130 Sunset Drive, South Miami, FL 33143 663 -6310 PH -- 663 -6353 FX Program Area: COMMUNITY POLICING Program Dates: 10/01/99 -- 09/30/00 Program Name: South Miami Community Policing Revitalization Target Population: City Residents Problem Identification In the early 1980's a substantial increase in the crime rate in the City of South Miami led to the initiation of several crime prevention efforts relating to Citizens Crime Watch. Members of the police department helped organize several neighborhood crime watch groups and met with local merchant groups to promote Business Crime Watch programs. After achieving success in the mid- 1980's utilizing these program, resources were ' reallocated as apathy set in. Previous Activities in this Purpose Area/Unmet Needs In the ensuing years, the South Miami Police Department has realized a steady increase in crime and the lack of community involvement in the area of crime prevention. It is the desire of the South Miami Police Department to re- energize the cooperation of it's residents in crime prevention and expand public awareness to all segments of the city. Demographic Data Based upon 1990 US Census data, South Miami has a population of 10,404. 21 % of its population are children under 17. 46% of the City's families have children, 14% of those are families headed by female. Of those families, 41 %o are poor. Program Description In this new program year, the South Miami Police Department will implement a Citizens Crime Watch Program that will offer services targeted at the various needs of the community. Officers will target specific neighborhoods and arrange crime watch/ prevention meetings in a different area every two weeks. The neighborhood Crime Watch program will support five programs during each of these meetings. j Combat Auto Theft (CAT) - This program will target the problem of auto theft, by registering vehicles and affixing decals to cars that should not be on the road between the hours of 1a.m. and 5a.m. Household Efforts Against Theft (BEAT) - This two part program involves the pre- registration of residences to decrease police response time when answering a call, in addition, police personnel will provide home security surveys for community residents. Business Efforts Against Theft (BEAT) - This program offers the same services as HEAT, except services are aimed at the business community. Senior Citizen Assistance Notification (SCAN) - Targeting seniors who live alone, this program will develop a communications system that will allow the police department to monitor senior citizens and assist them with some of their needs. Watch Orders - Residents will be encourage to inform the police department of times when they are away form home. These homes will be checked periodically by officers on duty. i Jurisdiction Name: SOUTH MIAMI Contact Person: Asst. Chief Michael Mills Address: 6130 Sunset Drive, South Miami, FL 33143 663 -6310 PH -- 663 -6353 FX Program Area: COMMUNITY POLICING Program Dates: 10/01/99 -- 09/30/00 I Program Name: South Miami Community Policing Revitalization Target Population: City Residents Proposed Activities Planned Measures Monitoring Plan 4.B.09 To conduct 100 security Formation of a Citizens Crime Program Plan and Activity surveys during the grant period. Watch Program Schedule. 4.B. 10 To create a Citizens Crime l officer to hold 26 Crime Watch Meeting announcements, attendance Watch Program during the grant meetings records, etc. period to include the following services: CAT, HEAT, BEAT, Conduct security surveys Participant list and meeting SCAN, and Watch Orders. attendance records Copies of invoices for materials purchased. Copies of Payroll records Asst. Chief Michael Mills, SMPD Richard W. Harris, Jr., DHS i ATTACHMENT B Agreement Budget - Program Budget PROGRAM BUDGET Jurisdiction Name: SOUTH MIAMI I( Contact Person: Asst. Chief Michael Mills Program Area: COMMUNITY POLICING (305) 663 -6310 PH -- (305) 663 -6337 FX Program Name: South Miami Community Revitalization i Program Dates: 10/01/99-11/01/00 Target Population: City Residents Salaries and Benefits, Total $2,456 1 Officer X 3 hours a week X 26 weeks X $31.49 (Overtime) $2,456 Contractual Services, Total $4,000 , Production of a Crime Prevention Video Expenses, Total $390 Refreshment for meetings $340 $50 miscellaneous program supplies Total Budget $6,846 Dade County will reimburse an amount not to exceed: $5,135 The 25 %o CASH MATCH for this grant is: $1,711 The source of the CASH MATCH is: Law Enforcement Trust Fund, South Miami it i { ;l 09/24/99 0 SM$ O.WK4 ,I Quarterly Project Performance Report Drug Control and System Improvement Formula Grant Program COMMUNITY POLICING PROJECT PURPOSE AREA 4B (Jurisdiction Name) (Project Name) (Name of Person Completing Form) (Title) (Phone) STATE CONTRACT ID NUMBER: 2000- CJ- D8- 11 -23 -01 -038 2 January 1 - March 31 April 15 3 April 1 - June 30 July 15 4 July 1 - September 30 October 15 1* October 1 - December 31 January 15 *For example, if your project began in October, this is Report Number 1. Record Number, Period, and Date below: l eIurn r I lEr r3 to rrtitt 0 :.::.::::::::::::.::.:.:...::..::::::::..:::.::::::.::::::,: 3:.:::: ::::::::::::::::::::::::::::._, NOTE: All jurisdictions must complete Sections 1 through 5. Section 6 must be completed' following each jurisdiction's noted instructions'. PROJECT NARRATIVE must be completed by all jurisdictions following this section's instructions. Any Report not received by April 16; July 16; October 16; and/or January 16 will result in that jurisdiction being "Out of Compliance and their Reimbursement Request will be delayed. Miami Dade Department of Human Services Form Revised 9/99 h� 4B.01 Coral Gables, Hialeah, Homestead, Miami, North Miami, Sweetwater, West Miami, Miami Dade 1) During this reporting period, how many commuity service events, including neighborhood clean ups were conducted? (list the type and /or setting of the event) 4B.02 Bal Harbour, Biscayne Park, Homestead, Miami Beach, Miami Springs, North Bay Village, Pinecrest Sunny Isles, Surfside, Virginia Gardens 2) During this reporting period, were Bicycle Patrols conducted? a. No. of officers b. No. of hours 4B.03 Golden Beach, Miami Springs ;) During this reporting period, how many alternative drug free events were conducted? (List the names of these events) r 4B.04 Bal Harbour, Miami, Miami -Dade 4) During this reporting period, how many meetings with community leaders for the j purpose of identifying neighborhood problems t 4B.05 'Aventura, Hialeah, North Bay Village, North Miami, North Miami Beach, Opa'Locka, Sunny Isles, Sweetwater, Miami -Dade 5) During this reporting period, how many crime prevention education classes were presented? (list 'names of the groups to which these presentations were made) 4B.06 Hialeah, Miami Shores, Miami -Dade i' 6) During this reporting period, how many individuals were provided crisis intervention or Ncounseling services? 4B.07 Coral Gables, Sweetwater 7) Did the project create or expand one or more community or neighborhood recreation center programs? ! a. Did the center activities include arts and crafts? I� I� b. Did the center activities include music activities? c. Did the center activities include drama and theater activities? ` d. Did the center activities include academic tutoring? e. Did the center activities include table games? f. Did the center activities include drug awareness and prevention education? g. Did the center activities include sports? (list sporting activities) 4B.08 Miami Shores, South Miami, Surfside 8) During this reporting period, how many security surveys were conducted? 1 4B.09 Homestead, South Miami, West Miami 9) During this reporting period how many neighborhood watch meetings were conducted? 4B.10 Miami -Dade, West Miami f 10) During this reporting period, how many households were provided with Operation ID services? fI k , Project Narrative (Please include a brief narrative detailing your progress in meeting your program objectives. ) , f! - F, I k: k, k` r Miami- Dade 'Count< QINTVCP Community` Policing Revised 09128/98 Resolution R- 626 -99 Gan t H r S B42 0 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE [To Be Typed on Jurisdiction's Letterhead] Citv: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER October 1 - December 31 Report Due January 15 SECOND QUARTER January 1 -March 31 Report Due April 15 THIRD QUARTER April 1 - June 30 Report Due June' 15 FOURTH QUARTER July 1 - September 30 Report Due October 15 k 1. Total Federal Budget $ 2. Amount This Invoice $ � (75 %) 3. Amount Previous Invoices $ 4_ Remaining Balance $ (Subtract Lines 2 & 3 from Lme i) Budget Line Item Exceeds Federal Local Total I Categories Disallowed Budget Funds Match Funds Ei (75 %) (25 %) (100 %) f 1. Salaries &; Benefits If 2. Other Personnel Services (Temporary Emplovees /Contractual) 3. Expenses 4. Total Claim Costs ; r E ; We request payment in accordance with our contract agreement in the amount of 75% of Total Costs for this Claim $ (75 %), the balance of costs, $ (25 %), to be recorded as our E, in -kind contribution to comply with the local cash match requirement. k I Attached please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and none of the items have been previously reimbursed, all of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received for which reimbursement is requested. Respectfully submitted, G i Chief of Police /Other City Official Payment Approved, Miami -Dade County E� �i I{ C Miami -Dade Couny Page 2 of 3 Community Policing Resolution R- 626 -99 Grant HSB420 QUARTERLY PROJECT PERFORMANCE REPORT & INVOICE - Payroll' Expenses City: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER October 1 - December 31 Report Due January 15 SECOND QUARTER January 1 - March 31 Report Due April 15 THIRD QUARTER April 1 - June 30 Report Due June 15 FOURTH QUARTER Jule 1 - September 30 Report Due October 15 Officer /Staff Name Date of Activitv Type of Acthrily* Total Hours '(Presentation, Parent Meeting, Field Trip, etc..) TOTAL HOURS AT $ PER HOUR _ $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT. OFFICER/STAFF SIGNATURE OFFICER/STAFF SOCIAL SECURITY #� CHIEF OF POLICE /CITY OFFICIAL SIGNATURE I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: School Principal's Signature NOTE: Bookkeeping report documenting payroll expenses must be attached to process payment. page 3 of 3 Miami -Dade Count< Communitn1 Policing Resolution R- 626 -99 Grant HSB420 QUARTERLY PROJECT PERFORMANCE REPORT & INNOICE (Equipment, Supplies, Material Expenses) City: Date of Claim: Project Name: Claim Number: Costs Incurred During the Period of: FIRST QUARTER October 1 - December 31 Report Due January 15 SECOND QUARTER January 1 March 31 Report Due April 15 THIRD QUARTER April 1 - June 30 Report Due June 15 FOURTH QUARTER July 1 September 30 Report Due October 15 c Vendor Item Description Date Paid Check No. Amount :I r, a ij i I i s c TOTAL AMOUNT EXPENSES NOTE: Copies of all invoices and checks for this request must be attached to process payment. i 4 Attacriment L MIAMI -DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI -DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or ag: ncies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. h , being first duly sworn state: Afftanf k, The full legal name and business address of the person(s) or entity' contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): C Federal Employer Identification Number (If none, Social Security) t Name of Enuri•, Individual(s), Partners, or Corporation f Doing Business As (if same as above, leave blank) Street Address City State Zip Code f 1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE` AFFIDAVIT (Sec. 2 -8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly- traded corporations or to contracts with the United States or any department or agency thereof, the State or any political C subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership I f' % I` I,+ k 6/99 ' Page 1 of S 1 ;1 2. The full legal names and business address of - any other individual (other than - subcontractors, materialmen, suppliers. laborers. or lenders) who have, or will have. am. interest (legal. equitable beneficial or otherwise) in the contract or business transaction with Dade Count}` are (Post Office addresses are not acceptable); Any person who willfully fails to disclose the information required herein or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500:00) or imprisonment in the County jail for up to sixty (60) days or both. II. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations. each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof. the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? i Yes No 2. Does your firm provide paid health care benefits for its employees? Yes _ No I 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: E White: Males Females Asian: Males Females ' Black: Males Females American Indian: Males Females Hispanics: Males Females Aleut (Eskimo): Males Females Males Females: Males Females III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2 -8.1.5 of the County Code.) ' In accordance with County Ordinance No. 98 -30 entities with annual gross revenues in excess of $5,000,000 f seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women - owned' businesses, in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose I boards of directors are representative of the population make -up of the nation shall be presumed to have non f j discriminatory• employment and procurement policies, and shalt not be required' to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 6/99 f; Page 2of5 E i The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of Count Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000.000: The firm does have annual revenues in excess of $5,000,000; however. its Board of Directors is representative of the population make -up of the nation and has submitted a written, detailed listing of its Board of Directors. including the race or ethnicity of each board member, to the County's Department of Business Development. 175 N. W, lst Avenue, 28th Floor, Miami, Florida 33128. The firm has arsival gross revenues in excess of $5,000;000 and the firm does have a written affirmative action' plan and procurement policy as described above, which includes periodic reviews to determine effectiveness. and has submitted the plan and policy to the County's Department of Business Development 175 N.W. 1" Avenue, 28th Floor, Miami, Florida 33128; The firm does not have an affirmative action plan and/or a procurement policy as described above. but has been granted a waiver. IV. MIAMI -DADS COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this afftdavitbeen convicted of a felony during the past ten (10) years. _ V. MIAMI -DADE COUNTY CUBA AFFIDAVIT (County Resolutions R- 202 -96 and R- 206 -96) That neither the firm (individual. organization, corporation, etc.) submitting this bid or proposal or receiving this contract award or any of its owners. subsidiaries. or affiliated or related firms has: 1. engaged in the purchase, transport, importation or participation in any transaction involving merchandise that: a. is of Cuban origin; or b. is or has been located in or transported from or through Cuba; or C. is made or derived in whole or in part of any article which is the growth. produce or manufacture of Cuba; 2. engaged in any transaction in which a Cuban national or the government of Cuba with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest: 3. been a party to, or had an interest in an}, franchise, license or management agreement with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest; 4. had or held any investment, deposit,' loan borrowing or credit arrangement or had any other financial dealings with a Cuban national or ax government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest; 1 j 5. subcontracted with, purchased supplies fron-L or performed billing or collection services for any person or entity that does business with Cuba as provided in "1" through "4" above. 6/99 Page 3 of 5 6. traveled to Cuba in violation of U.S. travel restrictions during the ten year period preceding the due date for submittal. VI. MIAMI-DADS EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County. Florida. the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4, penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. VII. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section 1 IA -29 et. seq of the County Code) That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance' An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a;child. or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. i l The foregoing requirements shall not pertain to contracts with the United States or any department or agency J thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VIII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101- 336,' 104 Stat 327, 42 U.S.C. 12101- 12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act'of 1973, 29 U.S.C. Section 1 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing' Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with the United States or any 6/99. Page 4 of 5 department or agency thereof the State or any political subdivision or agenc% thereof or an% municipalit" of this ix. NUAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TA)MS (Sec. 2-8. 1 (c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm. corporation. organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes — including but not limited to real and property taxes. utility taxes and occupational licenseE — which are collected in the nonnal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm: corporation. organization or individual have been paid. X. PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5%) of the firm's work force consists of individuals who reside in Ntami-Dade Countv and who have lost or will lose cash assistance benefits (formerly Aid to FamiliesiNith Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R-70�-98 and R- 358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/A" all affidavits that do not pertain to this contract. (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this — dav of 19 by He/She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notar-y Public — Stamp State of Notary Seal Page 5 of 5 SOUTH MIAMI POLICE DEPARTMENT INTER- DEPARTMENT MEMORANDUM TO: Mayor and City Commission DATE: December 14 1999 FROM: Charles Scurr , rco�: Agenda Item # � o _ City Manager Commission Meeting 12 /21/99 Acquisition of Police Vehicles REQUEST Approval authorizing the City Manager to disburse $55,198 from account #1910 -521- 4450 (Lease Purchase Police Vehicles) to Mears Motor Leasing for the continued leasing of eight Ford Crown Victoria police pursuit vehicles and two Chevrolet Tahoe police pursuit vehicles. BACKGROUND ANALYSIS In fiscal year "1998 -99 the City Commission approved the lease of eight Ford Crown Victoria police pursuit vehicles and two Chevrolet Tahoe police pursuit vehicles. The contract was awarded to Mears Motor Leasing. This Resolution is to continue this lease for eleven months of a three year lease for the Fords. This lease is for eleven months (Nov. Sept.) as the October, 1999 invoice has been paid. The cost per Ford is $496 per month. The cost of a Tahoe is $525 per month on a four year lease. The Tahoes will be retained for a longer period of time to better evaluate their suitability and to determine if more will be needed in the future. The funds will be taken from account #1910 -521- 4450, Lease Purchase - Police Vehicles. Currently in Account $ 84,904.00 This request 55,198.00 Balance in Account $29,706.00 RECOMMENDATION I recommend approval of this Resolution. SOUTH MIAMI POLICE DEPARTMENT INTER- DEPARTMENT MEMORANDUM TO: Mayor and City Commission DATE: December 14, 1999 FROM: Charles Scurr, RE: Agenda Item # City Manager Commission Meeting 12 /21/99 Acquisition of Police Vehicles RE UEST Approval authorizing the City Manager to disburse: $55,198 from account #1910 -521= 4450 (Lease Purchase - Police Vehicles) to Mears Motor Leasing for the continued leasing of eight Ford Crown Victoria police pursuit vehicles and two Chevrolet Tahoe police pursuit vehicles. BACKGROUND ANALYSIS In fiscal year 1998 -99, the City Commission approved the lease of eight Ford Crown Victoria police pursuit vehicles and two Chevrolet Tahoe police pursuit vehicles. The contract was awarded to Mears Motor Leasing. This Resolution is to continue this lease for eleven months of a three year lease for the. Fords. This lease is for eleven months (Nov. - Sept.) as the October, 1999 invoice has been paid. The cost per Ford is $496 per month. The cost of a Tahoe is $525 per month on 'a four year lease. The Tahoes will be retained for a longer period of time to better evaluate their suitability and to determine if more will be needed in the future. The funds will be taken from account #1910- 521 - 4450, Lease Purchase - Police Vehicles. Currently in Account $ 84,904.00 This request 55,198.00 Balance in Account $29,706.00 RECOMMENDATION I recommend approval of this Resolution, RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $55,198.00 FROM ACCOUNT NO. 1910 -521 -4450 (LEASE PURCHASE- POLICE VEHICLES) TO MEARS MOTOR LEASING FOR THE CONTINUED LEASING OF EIGHT FORD CROWN VICTORIA POLICE PURSUIT VEHICLES AND TWO CHEVRO- LET TAHOE POLICE PURSUIT VEHICLES. WHEREAS, in FY 1999 the Police Department procured new vehicles in order to maintains fleet of vehicles which allows the Police Department to quickly and safely respond to calls for service as well as maintain preventive patrol; and WHEREAS, the Police Department wishes to continue the yearly lease on the aforementioned vehicles; and WHEREAS, Mears Motor Leasing was the awarded bidder under Florida Sheri-Ws Association Bid #98 -06 -0914 for leasing police pursuit vehicles; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Manager is authorized to disburse a sum not to exceed $55,198 from account no. 1910-521-4450 (Lease Purchase - Police Vehicles) to Mears Motor Leasing for the continued leasing of eight Ford Crown Victorias and two Chevrolet Tahoes. Section 2; That this resolution be effective immediately after adoption hereof. PASSED AND ADOPTED this day of 91999. ATTEST: APPROVED: CITY CLERK MAYOR -2- 1 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 2 Mayor Robaina: 4 Vice Mayor Russell: 5 Commissioner <Feliu: 6 Commissioner Bethel: 7 Commissioner ° Bass: 8 CITY ATTORNEY 9 10 jI I I �u. October 19, 1998 Captain Greg Feldman - MEARS City of South Miami Police Department MOTOR 6130 Sunset Drive LEASING Miami, FL 33143 Captain Feldman: Mears Motor Leasing proposes to provide the City of South Miami Police Department eight (8) new 1999 Ford Crown Victoria Police Package Sedans (Model #, P -71` ) on a closed-end lease plan. 1999 Ford Crown Victoria Police Package Sedan Model# P -71 (See Enclosed Specs) TERM MILAGE ALLOWANCE RESIDUAL MONTHLY PYMT 24 Months 15,000 per year $8,000.00 $611.00 24 Months 20,000 per year $7,200.00 $642.00 36 Months 15,000 per year $6,200.00 $496.00 36 Months 20,000 per year $5,800.00 $506.00 Over Mileage - 10 cents per mile At the end of the lease term the South Miami Police Department will have three (3) options. 1) Return the vehicles 2) Extend the lease at a lower rate 3) Purchase the vehicles for the residual value plus a $250.00 disposition fee (A combination of the above options is possible) The South Miami Police Department would be responsible for maintenance and all necessary insurance. Enclosed are our master lease and the standards of acceptance for police vehicles. We will need your letter of intent and a purchase` order before` we factory order the vehicles. Th David R. Pickard - SALES • LEASING • SERVICE 3905 EL REY ROAD. ORLANDO. FLORIDA 32808 • FAX 407- 578 -4924 • PHONE 407- 298 -2982 S a .r . October 22, 1998 ° MEARS MOTOR LEASING SI NG Captain Greg Feldman City of South Miami Police Department 6130 Sunset Drive South Miami, FL 33143 Captain Feldman: Mears Motor Leasing can provide the South Miami Police Department two (2 ea.) new 1999 Chevrolet Tahoe, 4 -door, 4x4, pursuit vehicles on a closed -end lease agreement as follows: 24 MONTHS 3b MONTUC 48 MONTHS 15,000 miles per year 15,000 miles per year 15,000 miles per year 24 @ $675.00 36 @ $590.00 48 @ $525.00 Over mileage at .10 cents per mile Tag fee included The vehicles would be equipped with the standard equipment for the Chevrolet Tahoe (special service model) K10706, 4 -door, 4x4 (see enclosure) plus the following options: (A95) Reclining high -back front bucket seats includin {� g —cloth front, cloth rear, . rear seat center arm rest with/cup holders, tissue holders)' (6C7) Auxiliary Dome Lamp (7x6) Driver -side spot lamp The South Miami Police Department would be responsible for maintenance and all necessary insurance, I Thank u, i David R. Pickard I, I I f SALES • LEASING • SERVICE 3905 EL REY ROAD, ORLANDO, FLORIDA 32808 • FAX 407 -578 -4924 • PHONE 407 -298 -2982 Year `_ 1999 Make : Chevy Utility Vehicles Model: Tahoe Special Service Style: K10706 4dr 4WD Special.Service Effective Date: 08110198 STANDARD EQUIPMENT *,AASTERISK ( *) INDICATES CONTENTS OF „5W5„ BASE SPECIAL SERVICE pKG ** «c MECHANICAL »> 5.7L (350) SFI v8 (Vortec) engine 4 -speed electronically - controlled automatic transmission w /OD Brake /transmission shift interlock Manual electronic shift hif t c on t * Locking differential' rO transfer case 3.73 axle ratio 4 -wheel drive * 770 -CCA battery * 140 -amp alternator Wiring provision for ,12 -volt pwr supply Wining provision :for ,roof- mQUnted light w . *Wiring for headlamp flasher, speakers & griilleElightsch, no hole in roof * Engine oil cooler. Transmission oil cooler' * Skid plate Front tow hooks 680011 GVWR (3600 front /3750 rear), springs (3600 front /3750 axles (3925 front /3750 rear) rear), Independent 'torsion bar front suspension 13emi- elliptical -2 -stage multi- ?rout /rear stabilizer bars leaf spring rear suspension r 46mm front /rear Bilstein gas shock absorbers '5) P245/75R16 all- terrain SBR BSW tires 4 i 6 ll x 711 cast aluminum wheels nderbody- mounted full -size spare tire w S peed- sensi't,ive pwr steering P /steel wheel front di 0 sc /rear drum `brakes w/4 -wheel anti -lock System 0 gallon fuel tank y Fuel ,Pump w /RFI filter '.airiless steel exhaust system cols -inc: mechanical jack, wheel wrench Lng a 2 -sided key lock system EXTERIOR " »> krome front bumper w /black rub strip & bright trim home rear.bu.mper w /black rub strip '& step pad ;'gent colored grille etangular sealed beam halogen headlamps ytime running .lamps w /override Switch al black pwr exterior mirrors s. ,. lar -Ray, light tinted glass , (all. Windows)' i nd 5 ows) ' 0 11 ) tarmittent windshield wiper system w /pulse washers IJ 1 �I G Rear panel doors «c INTERIOR Nor'- reclining low -back vinyl front bucket se a is 3 _ p a5 se a ger 60/40 split folding ' vinyl rear bench seat w/o center armrest' High- density foam front /rear seats Scotchgard Fabric Protector on all cloth & Carpet surfaces Black vinyl floor covering Tilt steering wheel * Gauges -inc': certified 100 - odometer & voltmeter mph speedometer, engine temp, oil pressure, trip Key -`in- ignition /headlamps -on warning buzzer Pwr door locks Pwr windows, Speed control Front air conditioning Rear window defogger: Rear seat heating duct ETR AM /FM stereo w /seek -scan, digital clock, dual front re Additional radio suppression bonding straps' front/ rear door speakers Dual in dash cupholders Dual "covered; pwr points Soft 'vin l door Y trim w /vinYi, inserts Front door map pockets Color -keyed cloth iheadliner Dua 1 P ad ded clot h.color _ keye d sunshades Assist handles -inc; (1) front RH root, (2) rear B- pillar (1) front A- i1 lar, (2) rear roof, Lights -inc: front /rear dome, reading l Edon footcarg w/LH /RH door switches, Coat hooks-inc: (2;) rear seat, glove box, rgo arood, cargo area Removable rear cargo security shade cargQ area «c SAFETY >> 4- wheel anti -hock brakes Driver & front passenger air bags Front /rear outboard lap /shoulder safety Brake /transmission shift interlock belts w /height adjusters i Daytime running lights °w /off switch Side guard door beams Dual high note 'horn I " ivlrAn3 iv1UU t cVK LEASING 3905 EL -REY ROAD ORLANDO, FL 32808 This is an Agreement between the LESSOR and LESSEE whose names and signatures appear on Schedule "A ". I.LESSOR hereby leases to LESSEE the motor vehicles described in Schedule "A" and any additional Schedule "A's ", attached hereto and ma a part hereof, the term for the vehicle to be the number of months between the delivery date and the maturity date stipulated on the Schedule "All, at the rates set font there' 2.LESSEE shall pay in advance the first month's lease charge for the vehicle leased and shall pay each and every month following the date this agreement the monthly lease charge on the due date which begins after delivery date. The monthly mileage allowance and the Monthly Lease charge will be shown on SchedL "A" 3 The LESSOR agrees: a. to provide LESSEE with a state of Florida tag. b. to allow LESSEE unrestricted use of leased vehicles for any lawful purpose except the transportation of persons or proper; for hire or towing of another vehicle. Neither this agreement nor any lease made hereunder nor any interest therein may t assigned or sublet by LESSEE without the written consent of LESSOR. 4. The LESSEE agrees: a. to furnish a copy of self insurance certificate. b. to indemnify and save harmless the LESSOR from any amounts in excess of the total coverage in the above named polices, which the LESSOR may be required to a y beca use ' of any claims arising g out of the operation of the motor vehicle by the LESSEE, or anvone with or without LESSEE's knowledge and consent. The valid and collectible liability insurance or personal injury providing coverage for the LESSOR of a motor vehicle for rent or lease shall be primary. Name of LESSEE's Insurance Company LESSEE's Policy number LESSEE's Initials C. that if the insurance described above is not issued, is canceled or suspended, and LESSEE fails to secure other insurance acceptable to LESSOR, LESSEE is to immediately return the vehicle to LESSOR and agrees to terminate lease under the Provisions of Paragraph 5. Continued operation of the vehicle after failing to secure insurance shall be considered default on the part of LESSEE. LESSEE will save LESSOR harmless from all losses and claims arising out of such continued operation. d. to accept an adjusted monthly lease rate in the amount of any new tax or increase in present taxes and tags for which LESSOR may become liable to pay or collect, with respect to leased' vehicles not in effect at the time of this agreement. e. to pay for all gasoline, added oil, washing, storage, damage or expense resulting from conversion, careless, reckless, abusive handling of the vehicle and operating the vehicle off a paved road. to reimburse LESSOR the value of the leased vehicle(s) confiscated by any authority and/or for all expenses incurred as a result thereof. g. that all vehicles leased under this agreement shall be operated only by safe, careful and licensed drivers selected, employed. or controlled and paid by LESSEE, or by members of his immediate family. The LESSEE shall require said drivers to operate all such vehicles with reasonable care and diligence and to use every reasonable precaution to prevent loss or damage to any of said motor vehicles. Vehicles should not exceed maximum weight limitations as described by manufacturers of said vehicles. Upon written complaint from the LESSOR, specifying any reckless, careless or abusive handling of any vehicles leased hereunder, LESSEE shall remove such driver. h. to not remove any of the leased vehicles from the State of Florida without written permission from the LESSOR. i. to notify LESSOR at its above address immediately upon receipt of any notification, claim, parking violations, summons, or suit affecting any leased vehiclesor LESSOR. j. in the event of failure to pay first notice of the aforementioned parking violations and/or summons an administration chare of $20.00 for each subsequent notice that has to be handled. by LESSOR. g k. that its drivers, servants and agents will cooperate fully with LESSOR and any Insurance Carriers in the investigation and defense of any and all claims or suits arising from the operation of a,leased vehicle or vehicles. LESSEE further agrees to cause its drivers, servants and agents to make reports to LESSOR concerning any collision or accident occurring while a leased i �,.� Y anu control of the LESSEE, its drivers, servants or ants. Such ' within 24 hours after any and all collisions, accidents fire Se or thefts involving any leased vehicles uncle phis d to LES, .provide the fullest information available including but not limited to: the time, place, and nature. of the accident or together with a list containing names and addresses of persons in'ur agreement and possible of witnesses to the incident LESSEE further J � owners of the property damaged and a complete as LESSOR shall designate an agrees to deliver promptly to LESSOR or such other persons or comp y and all papers, notices and documents whatsoever, or copies thereof, served upon or delive to LESSEE or LESSEE'S servants, agents or employees in connection with any claim suit, action equity commenced or threatened against LESSEE and/or LESSOR arising out claim LESSEB's n, or r or proceedings at law o. maintenance, use S or operation of all used vehicles. In the event of an accident, LESSOR retains sole and complete independent of LESSEE or his assigns over decisions to re .servant's, ages same vehicle LESSOR may elect to replace said vehicle with a similar make and model. epl cent pair vehicle or damage to it If LESSOR is unable to replace iv I. that LESSEE has acquired neither right, title, nor. interest in or to said vehicle except the right hereof. p to use the same under the tern m. that this agreement shall be binding upon and inure to the benefit of the parties hereto their and assigns; but LESSEE shall not have the right to assign this agreement or es interest successors, legal representati of LESSOR y therein without the written conse n. that he shall be responsible for signing Odometer Disclosure Statementshowing the tree and ac the maturity date. curate mileage at the time o• agrees to maintain and service said vehicle(s) in good mechanical condition and rennin order possible, mechanical and body work is to be performed at the location of the LESSOR. maintenance and repair is to be performed at the LESSOR'S g at all tunes In all cases whe: maintenance and repairs in excess of $ormed When this d impractical sal discretion for maintenance or repairs under $150.00. Fc ,approval shall be secured from the LESSOR. All maintenance and repair wor shall be performed by regular bonafide servicing agencies. P. at the termination of the lease period the vehicle will be returned to LESSOR at 3905 E will be inspected by LESSEE and LESSORS agent for loss equipment, body damage 1 Rey Roadie Orlando. The vehiA. this time a signed vehicle inspection receipt will be given to LESSEE. The cost of replacing Y g and wear that needs to be repaired. A restoring the body, mismatched tires, chipped or wom paint; P g lost equipment, repairing an( burned parts of the interior, including the removal of lettering or decals csshm led a cracked glass, worn, faded, torn il be paid by LESSEE. On anon- maintenance lease, the LESSEE, in addition to the above, and any unpaid lease a period all five (5) tires will be the same brand payments wI_ the period shallowest al groove.; These are expenses e , hype and size that came on the car and have a minim termination re the leas p nses that Auto Dealers reduce from the value of a vehicle when they tread left a it in. LESSEE INITIALS. _ y buy or trade 5• Early Termination:LESSOR agrees that LESSEE may terminate the agreement outstanding or yet to be accrued owed by LESSEE to LESSOR Plus th ollowig additioonal is vehicle upon a a. Less than a 35 month lease, l and 1/2 lease payments, plus charges in era P payment of all charges,' g costs: For 36 to 47 month lease, 2 lease payments, plus charges in Paragraph S.a.,b. For 48 to 60 month lease, 2 and 1/2 lease payments plus charges Paragraph rah 5.a. b. Leases are computed on the average during ' g wring the term of this lease. In the event of early termination, interest will be computed on an as used basis and added to the early termination: charge. b• LESSEE agrees to pay th e difference to the vehicles's depreciated value market of LESSOR's choosing, whether commercial, non - commercial, or an other m and the amount that LESSOR sells it for in the depreciated value is arrived at by deducting the depreciation charge or pro -rated portion the delivery date and the early termination date from the Y market the LESSOR deems fit. The p on of per month for each month between the agrees to pay a daily interest charge, based on the vehicles depreciated value, from the m its Schedule "A ". LESSEE also and the date sold. The interest charge will be a date between the vehicle is turned in C. NON- APPROPRIATIONS:In the event no funds ore rate current at the time plus one point. charges under this Agreement, then LESSEE shall Immediately non E Agreement shall terminate on the last day of the f appropriated o and budgeted in any fiscal year for lease notify LESSOR or its assignee of such occurrence and this expense to the LESSEE of any kind whatsoever, except as to lease cha which oappropriations of le were received without penalty or which funds shall have been appropriated and budgeted or are otherwise available. of lease charges herein agreed upon for agrees to peaceable surrender possession of the lease. vehicles to LESSOR or its assignee able. In the event of such termination, LESSEE LESSOR shall have all legal and equitable rights and remedies to take possession of the E' ui gn a on the date of such termination. Notwithstanding the foregoing, LESSEE agrees (I) that it will not Equipment. Addendum if any funds are appropriated to it, orb it, for the ac cancel this Agreement under the provisions of this equipment performing functions similar to the leased vehicles for the fiscal period in which acquisition, retention, or operation of the leased vehlcles or other p hich such termination occurs or the next ' 2 mow. __ . v., Yw ua Yf lfl Vi WlJ A p ty ��menr, give rtori appucanon or rands to any other functionally similar equipment. This paragraph shall not be construed so as to permit LE5 to terminate this Agreement to acquire any other equipment or allocate fiords directly or indirectly to perform assent the same application for which the leased vehicles are intended. 6. The LESSEE agrees to pay LESSOR on the first of every month. The LESSEE will receive courtesy billing in advance of this d Non - receipt of this billing will in no way relieve LESSEE of obligation to pay the monthly charge. LESSEE agrees to pay LESS a late charge of S% of the monthly lease rate if the payment is not paid Within 10 days of the due date. There will be 'a $20.00 ser, charge added for all return checks. a. In the event of nonpayment of the monthly lease charge provided for herein, which non-payment a p yment shall continue for I S d past due date, the LESSEE shall then be considered in default. Without further notice the LESSEE shall immediately ret the leased vehicle to the LESSOR at the LESSORS above address. A failure to return the vehicle shall be an unlau withholding and punishable as provided by law. 7. For purposes of the following paragraph the term LESSEE also includes any person or entity that personal) ' or other agreement contracted with LESSOR. In the event that the LESSEE shall defa it in the a y guarantees this other cha � u payment of any rental or other char; herein provided or if LESSEE shall have filed a bond of bankruptcy, made an assignment for benefit of creditors, or shall have be found voluntarily or involuntarily adjudicated a bankrupt by any court of competent jurisdiction, or if a receiver shall have be appointed for LESSEE's business or if LESSEE shall have permitted or suffered any distress or attachment, levy or execution to be ma or levied against any or all of the property of the LESSEE, LESSOR shall have the right to terminate any a! nd all leases without nod to LESSEE. If LESSOR shall elect to terminate this agreement or any other by reason of any of events described in this paragrap LESSEE shall not be relieved of any liability for failure to make any of the payment required under this agreement or for LESSEE failure in willing to perform any of the terms, covenants, and conditions of such agreement and in such event the balance of ar installment of rent or other charges accruing from this agreement shall without notice or on demand by LESSOR at once become dt 7 and payable. LESSEE further empowers LESSOR to enter the premises or other place where said vehicles may be found without beir liable to any suit, action, defense or other proceedings by LESSEE, to take possession and carry away and remove the said vehicles wit or without legal process and thereby terminate the LESSEE's right of retention and use of said vehicles; and the LESSEE agrees t indemnify and pay to LESSOR reasonable attorney's fees and cost incurred for collection of all monies due and for the costs c repossession. j 8. If LESSEE obtains through LESSOR or by other means an extended outside warranty on said LESSOR responsible for the performance of the warranty company so contracted for the vehicles. hrles, LESSEE agrees not to hole 9. Notice by and between the parties hereto, except as otherwise provided herein, shall be by telegram or certified mail, "return recei requested," to the addresses listed herein. P 10. Each copy of this lease agreement shall be deemed an original and represents the entire agreement between the parties and no provisior. hereof may be waived or modified except by an instrument in writing signed by both parties. 11. In the aforementioned example, no more credit will be given for depreciation on the 12. In the event LESSEE retains control of this vehicle beyond maturity date, he shall continue to be 'bound by II e s and conditions of this lease. COMPLIANCE WITH LAWS' None of the vehicles leased under this lease will, while in the possession, custody or control of LESSEE, its drivers, servants, and agent, be operated in excess of their respective rated maximum weight as specified in or by City, County, State, and/or Federal Regulatio vehicles are damaged in any manner due to overloading, LESSEE shall immediately pay to LESSOR the amount of any and ll� damagesf and ' losses sustained thereby. The vehicles shall not be used in violation of any federal, state, or municipal statutes, laws, ordinances, rules or regulations applicable to the operation of such vehicles. LESSEE will hold LESSOR harmless from, any /or all fines, forfeitures, or penalties for traffic violations or for the violation of any statute, law, ordinance, rule, or regulation of any duly constituted public authority. LESSEE shall not use nor allow any vehicle to be'used for any unlawful purposes or for the transportation of any property or material deemed extra hazardous by :I reason of being an explosive, inflammable, toxic or fissionable. i COLLECTION EXPENSES LESSEE shall be liable to LESSOR for all cost and expenses including a reasonable rate of interest on the outstanding lereby agree to confer jurisdiction to the State of Florida with venue in Orange County, Florida for disputes, claims or unit nar arising gtfrom�this i 'j �' 3 :.... ...:...... ....w.,..•. --,.s ..•..,,,.,w .,wr. uA.L",lu LU Collecting payments due or to become due form LESSEE or in enforcing the rights of LESS pursuant to this agreement. The parties to this agreement hereby confer jurisdiction to the State of Florida with venue in Orange County, Flor for disputes, claims or suits arising from this agreement on Orange County, Florida. TERMINATION OF CREDIT LESSOR hereby retains the right to terminate in his sole and independent discretion any previously ;approved credit application at any time dur the operation of this agreement and demand immediate remittance of any and all outstanding balances, including the interest owed thereon, t LESSOR has become liable for under the terms of this agreement. Furthermore, LESSOR shall have the right to process any number of cre applications of LESSEE without new authorization for each process for as long as there is an outstanding balance due. DELIVERY CHARGES The LESSEE agrees to pay all freight, demurrage, storage, switching, drayage, trackage, or other charges for the transportation of the equipme for the time the equipment shall" leave the storage yards of the LESSOR up to and including the time of its return to the storage yard or other pla. specified by LESSOR. WARRANTY NOT PROVIDED BY LESSOR 1 The following changes and additions were made in this agreement before it was signed by the parties here to: It is understood between the partic that the LESSOR is not the manufacturer of the equipment, herein leased, nor the agent of manufacturer of the equipment and that no warrant against latent detects, material, workmanship, or capacities is given, nor the equipment will meet the requirements of any laws, rule specifications, or contracts which provide for specific machinery or. apparatus or special methods, other than that of the original manufacture of the equipment and as set forth in the manufacture's catalog and representations wherein such machinery and equipment are listed and describes The LESSOR does not warrant the equipment' herein leased as being fit for a particular purpose other than such as may especially appear in thi lease or by supplemental attachment of this lease. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCREMOi ON THE FACE HEREOF. (Fla. Stat. 672.316 and 671.20110) The LESSEE and LESSOR agree to the above lease agreement. LESSEE's Name: By. Title LESSOR's Name: Mears Motor Livery Corporation 1 James C. Hartman President Revised 07/18/96 u I 4 9 ` Mears Motor Livery Corporation Standard of Acceptance Requirements for Police Patrol Vehicles When you return your vehicle, you will be responsible for the cost Of 'excessive wear and tear' to the vehicle, damages, and excess mileage. For your convenience, we have condensed the description of the items for which you might be charged. We realize that patrol cars are used in a much different manner than ordinary passenger vehicles, but we still expect the vehicles to be maintained in accordance with the manufacturers recommended maintenance schedule. GENERAL CONDITION' • Vehicle must be structurally; and mechanically sound and the complete drive train must be in good, operating order. EXTERIOR DAMAGE Foli,zwing are several types of exterior damage for which you are responsible when turn ► your vehicle: you • General body damage in excess of $100.00. '` We realize that the removal of equipment from the vehicle will result in holes in the sheet metal. We expect the holes to be plugged with rubber, grommets. • Windshields with chips or cracks that are not legal must be replaced. All other broken windows must be replaced, INTERIOR DAMAGE You will be billed for any tears, cuts, holes, stains, or bums on any interior surface. } Moldings We recognize that it is necessary to modify the moldings. Although we do not require that the moldings be replaced, moldings must be reattached. i LOST ACCESSORIES Air conditioning units, AM/FM radios, cassette players, spare tires and similar accessories must be intact and in good working order at the time of return. The cost of missing or damaged components will be billed at fleet discount prices. TIRES Tires with less than 4/32" tread or bald, cupped or mismatched tires will be re billed to you at manufacturer's fleet discount prices. placed and Municipal Representative Signature P N CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: December 17, 1999 Agenda Item # From: Charles Scurr el� Re: Comm. Mtg. 12/21`/99 City Manager Telecommunications Equipment REQUEST Approval of. (a) the acquisition of telecommunications equipment necessary to expand the City's existing system in an amount not to exceed $ 17,000.00; (b) the selection of BellSouth for the acquisition and installation; and (c) the extension of the existing lease with BSFS for this equipment BACKGROUND AND ANALYSIS The City acquired an upgrade to our telephone system in 1998. Due to financial constraints the system was sized to meet existing needs. It was recognized that future growth would require additional components beyond the base equipment acquired. The City has now maximized the current equipment and it is necessary to purchase expansion elements to the system. The new components are needed for several additional employees approved in the FY 1999 -2000 budget and for increased telecommunications needs overall for voice and data capability. The equipment requested includes a telephone cabinet, two cards, software, installation, telephone sets, programming changes and shipping fees for the city hall and the police department telephone system. The two cards included should provide sufficient expansion capability for the next two years. The cabinet included will allow for significant expansion beyond that time with the addition of network cards and handsets. BellSouth is the recommended vendor for the upgrades. The existing system is a BellSouth purchased and installed system. The use of an alternate vendor for the upgrades would create untenable service, warranty and reliability problems. Presently there are 35 months remaining in our lease with BSFS Equipment Leasing for our original equipment. An addendum from BSFS was requested. They have estimated a monthly increase amount of $600.00 to be added to our current lease of $1,434.00. The funds to pay for this lease will be divided between the Police Department and Non Dept. Budgets as follows: Police Department Equipment Lease Purchase, Account No. 1910 -521- 4440, $300.00 per month. Non Departmental Telephone Lease Purchase, Account No. 2100 -519 -4440, $300.00 per month RECOMMENDATION Approval is recommended. r U I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE 5 ACQUISITION OF TELECOMMUNICATIONS EQUIPMENT IN AN 6 AMOUNT NOT TO EXCEED $17,000.00 FROM BELLSOUTH FOR THE 7 PURCHASE OF A TELEPHONE EQUIPMENT, SOFTWARE, 8 INSTALLATION, PROGRAMMING AND SHIPPING FEES FOR CITY 9 HALL AND THE POLICE. DEPARTMENT TELEPHONE SYSTEM; 10 CHARGING THE DISBURSEMENT TO ACCOUNT 2100- 519 -4440 "NON 11 DEPARTMENTAL TELEPHONE LEASE PURCHASE" AND ACCOUNT 12 1910 -521 -4440 "POLICE DEPARTMENT TELEPHONE LEASE 1.3 PURCHASE ", SAID AMOUNTS BEING ADDED TO THE EXISTING 14 LEASE WITH BSFS EQUIPMENT LEASING IN AN ADDED AMOUNT 15 NOT TO EXCEED '$600.00 PER MONTH FOR 35 MONTHS. 16 17 18 19 WHEREAS, the City has increased needs for telecommunications equipment and 20 services; 21 22 WHEREAS, the existing system is at capacity; and 23 24 Whereas, the existing system was acquired with the understanding that future growth 25 would require expansion of the system through the purchase of additional components. 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 29 OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. The City Manager is hereby authorized to acquire 32 telecommunications equipment in an amount not to exceed $17,000.00 from BellSouth for the 33 purchase and services of a new cabinet, two cards, software, programming, digital telephone 34 equipment, including a 24 button central answering for the receptionist, cabling, shipping and 35 installation fees. 36 37 38 Section 2. This amount will be added to the current lease of BSFS Equipment 39 Leasing with 35 months remaining, in a monthly increase amount not to exceed $600.00. To be 40 divided equally and charged to 1910 -521 -4440 titled, Police Department Telephone Leasing 41 Purchase and 2100 -519 -4440 titled, Non Departmental Telephone Leasing Purchase. l 2 Section 3. This resolution shall take effect immediately upon approval. 3 4 PASSED AND ADOPTED this 21st day of December 1999. 5 6 ATTEST: APPROVED: 7 .8 9 10 11 CITY CLERK 12 13 READ AND APPROVED AS TO FORM: 14 15 16 17 CITY ATTORNEY 18 lu1MEN Commission Vote: Mayor Robaina: Vice Mayor Russell: Commissioner Bethel: Commissioner Feliu: Commissioner Bass: CITY OF SOUTH MIAMI POLICE Serving your location at: 460001028600000001 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 Contact: LISA CORBIN 'Peripheral Detailed Equipment Quote Description Equipment Price Shipping Address 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 Extended Equipment rMu f"noi OPT 11'C 30FTAC EXPANSION 1,642.55 1 * AC /DC POWER SUPPLY 0.00 1 *, MODEM CABLE (DB9 TO DB25) 0.00 1 * POWER SUPPLY CABLE 0.00 1 * GROUND BAR 0.00 1 * MODEM ELIMINATOR M -F 0,00 1 * MODEM ELIMINATOR F -F 0.00 1 * FIBER RECEIVER CARD 0.00 1 * PFTU /CONSOLE POWER CABLE 0.00 1 * CABLE-33FT PLASTIC FIBER 0.00 1 * EXPANSION CAB. CABLE KIT 0.00 1 OPT 11C SOFTWARE UPISSUE 714.15 1 DIGITAL LINE CARD (DLC) 2,499.53 2 M2616 DISPLAY SET, BLACK NeW 524.90 11 Re PU(,blsheca 1,642.55 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 714.15 4,999.06 j( 5,773.90 See. Jac ed l Aer %4bo Prepared By LAWRENCE R WRIGHT Quote is valid until 2 /1/2000 Quote Name Copy of CITY OF SOUTH MIAMI POLICE BWMTPCD991203140007 [he information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation It may not be disclosed 1 hird parties without prior written permission from BellSouth. arDEI Rev. 32 mom.. * . Extended Description Equipment Equipment Price 4ty Cost M2616 CENTRAL ANSWER PKG Ce4t106St 829.85 1 829.85 150' CABLE AP LV3 4PR 24G 39.71 16 635.36 INSTALL MISC. EQUIP 1/2 H 45.00 10 450.00 Prepared By T AWRENCE R WRIGHT Quote is valid until 2/1 /2000 Quote Name Copy of CITY OF SOUTH MIAMI POLICE BWMTPCD991203140007 Cabinet The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed ti third parties without prior written permission from BellSouth. arDEI Rev, 32 @ BnL UTH Page 2 Equipment Installation/Programming Shipping Total System & Installation $14,594.80 $2,711.96 $121.04 $17,427.80 Prepared By LAWRENCE R WRIGHT Quote is valid until 2/1/2000 Quote Name Copy of CITY OF SOUTH MIAMI POLICE BWMTPCD991203140007 Cabinet The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed t third parties without prior written permission from BellSouth. arDE1 Rev. 32 o • U TH Page 3 ■ Asftv BELLSOUTH BellSouth BusinessSm Suite 600 7650 NW 19th Street Miami, FL 33126 12/15/99 Ms. Kathy Vazquez City of South Miami Central Services Specialist Dear Kathy, In providing you with a proposal for expansion and addition to your Telephone System, I have included pricing for new Digital telephone sets. I would like to take this opportunity to advise you that I am also able to provide refurbished sets more cost effectively. They would be covered under your Maintenance Contract as any other equipment. The cost for these Refurbished Sets is as follows: 2616 Digital - $400.00 New : 524.90 Installation, programming and shipping charges remain constant. The order for Refurbished Sets would need to be placed on a secondary order (Purchase Order from the City of South Miami). The net effect would be a decrease in required funds to accomplish your needs. Thank you for your attention to this matter. Should you have any concerns or questions, please do not hesitate to contact me. Sincerely . I, Wright Account Executive BellSouth Communication Systems BellSouth Communication Systems, Inc. From: MARIA P. EARL Date: December 15, 1999 Re: Corrected Quote for Upgrade of Pages: 1 existing leased equipment CC: x Urgent x For Review ❑ Please Comment X Please Reply ❑ Please Recycle Lisa, i Per your request and based on the new price of your telephone equipment upgrade of $16,503.97, to add this amount on a monthly basis to your e;dshng lease will be as follows: If berms are 35 months your additional monthly payment will be $545.37 for 34 months $569.28 if adding for 33 months $574.01 terms will depend on when t is equipment is installed, and the number of months left on the original lease. Please call me! if you have any questions. i Thank you, Maria P. Earl BSFS Small Business Account Manager . . . . . . . . . . . . . . . City of Soudi Miami 6130 Sunset Drive, South Miami, Florida 33143 To: Larry Wright CC: Kathy Vazquez; Evelyn Wulff From: Lisette Pubillones Date: 12/13/99 Re: Quote Request Per;our . meeting, please quote me on the following: 2...:.:. .New :Cabinet 2 2 Digital Cards with the installation of only one card 3 12 digital sets with display and speaker phone access 4. Installation/programming of all 12 digital sets, include wiring if any. �`1 6(,E? Please remember that one of those digital sets is for the receptionist. Please include specifications of any wiring we need to do on our part to be able to make the receptionist area functional with your telephone system. This way when we place our order everything is ready. 5. Shipping if any. 6. Having Ext. 6324 ring at ext. 6331 after the third ring, if that extension does not pick -up she would like the call to go to 6331 voice mail not hers. 7. Moving ext. 6312 to another room. This room does not have A jack. Quote me on one being installed, and the eat. being moved to that new jack. Please make sure you include every charge, these additions will incur. We do not want any surprises; this is going in front of the commission board. The amount they award is the amount we will work with. Thank you. If there is anything that I am missing, please call me or include it on your quote with an explanation. "City of Pleasant Living" 17:35 DEC 13, 1999 #29802 PAGE: 1/2 OCLLJVV 11 � Business Fax Cover Page To: Recipient: Company; Phone: Fax: 913056677806 From: Sender: Evelyn Wulff Phone: Fax: Pages Included: 2 Fax Sent. Monday, Dec 13, 1999 05: 34PM Message: PLEASE, DELIVER TO LISETTE. THNAK YOU. LISETTE, INSIDE WIRING IS NOT INCLUDED, THER IS A JAC INCLUDED FOR THE WALL IF YOU NEED IT, IF NOT THEY WILL NOT CHARGE YOU FOR IT. THANKS EVELYN. Q� I boo -se OF 17:35 DEC 13, 1959 #29802 PAGE: 2.x'2 City of South Miami Business Lines (FL) CKL# 1 City of South Miami 6130 Sunset Drive Miami, FL 33143 Charles D. 8curr (305) 663 -6338 Prepared By Evelyn Wulff (954) 351 -3139 Quote Number BBS980518140659 BFLLSOUTN .This Quote is valid 30 days from last revision date, 12113/1999 Description Quantity Installation Monthly J quote is subject to the availability of the services set forth above. Business Lines (FL) Exchange: MIAMI (Rate, Group 12) Rate Plan: Flat Rate Business Line - 1 $0.00 $29.10 Line Connection Charge 1 $56.00 $0.00 End User Common Line (EUCL) 1 $0.00 $7.85 Telecommunications Relay Service 1 $0.00 $0.09 Presubscribed Interexchange Carrier Charge (PICC) 1 $0..00 $4.31 Local Number Portability 1 SO.Oo $0.35 Circuit Location #1 Termination: (305) 663 -6338 Central Off ce MI"FLRRDSO - RBOC BELLS017TH TELECO111M INGFL RJ11 W 12 Wire Wall 1 $100 $0.00 *Bates quoted for this product are based on the GSST tariff section .43. CTotal Installation $59.00 .Jl.'IN:YNYiiW,iWS.': Y:iY:?1�n_ F__�teill�Yl.�4YA:IfY:IL\i: i::::::, Total Monthly $41.70 Business Lines (FL) CKL# 1 City of South Miami 6130 Sunset Drive Miami, FL 33143 Charles D. 8curr (305) 663 -6338 Prepared By Evelyn Wulff (954) 351 -3139 Quote Number BBS980518140659 BFLLSOUTN .This Quote is valid 30 days from last revision date, 12113/1999 y - Business Systems The information contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It maynot be disclosed to third parties without prior written permission from BellSouth. This J quote is subject to the availability of the services set forth above. Page: 1 Printed: 1711:f11999 it of SouM Miami 6130 Sunset Drive, South Miami, Florida 33143 To: Evelyn Wulff CC: Kathy Vazquez; Larry Wright From: Lisette Pubillones Date: 12/13/99 Re: Quote Request Tan * * * h Yo u ..... V - � , Lisette Pubillones "City of Pleasant Living" I To-: - Evelyn Wolff Bell South CITY OF SOUTH NMIANII IN'T'ER - OFFICE MEMORANDUM Date: November 17, 1999 From: Kathy Vazquez Re: Telephone system problems Central Services Specialist Per our conversation today, below is a listing of problem items that need to be addressed for immediate solution. 14 . New cabinet. \/2. Tie line from City Hall to Police Dept. Telephone room. • New pipe line (old one too many curves may damage existing PD lines) • Run at least 25 to 50 lines. (vendor) 3. Additional lines in Sylva Martin.(dr�rA • What happened to DJJ lines YStatus of the change of time on all digital telephones and voice mail. 5. Training for all digital changes on computer to be done by Grema£ 6. Long distance fee. 7. Outside lines (too many). rpp—'�-kcy, tsc�n,�� Hanging line outside City hall building. (`u6 vl� (l CaD V � �` 9. Outstanding orders: i , l✓ @liras �2rctu v.0 , cs (JC�t "l ` a New lines and digital telephones Pr1 cea.. +e pmper fy • City Manager's office, Gregory Oravec • Two, Lieutenants office Police Dept. • Police Dept. Kristen • Receptionist (main line) • CRA Secretary ✓ S"' #1 a • Community Liaison i,/ New lines for regular telephone ���� • Two, in the . Sylva Martin Building for Parks and Recreation New Modem Lines: • Two lines for Gremaf Reyes • Police Dept. Kristen Programming • Digital telephone at planning dept. X6327 (Planning Tech.) Changes /relocation of x6312 to a room with no iack/wirins • Extension line for Sgt. Fatool 6312. After School House Irsk tt • 5352 modem line: in �Ad r <�ovy ty -0Y&&I aAea, Please call me to s'et up a meeting as soon as possible. Thnnlrc ih C®rr 4,-e17I-I- /° o Subj: Re: problem agenda Date: 12/8/9911:40:30 AM Eastern Standard Time From: Evelyn.Wulf @bbs.bellsouth.com To: KCruanas @aol.Com Kathy, then the only day is Monday December 13th at 10:00 am, if you want me there. I will be on vacation from December 17th thru January 10th. I left a voice mail message for you (twice) yesterday to let you know. Please advised. Thanks ti. KCruanas @aol.com on 12/07/99 03:54:08 PM To: Evelyn Wulff cc: Subject: Re: problem agenda City Manager is ok for Wed. Thursday he will not be in the office. Need confirmation. Thx --------------- - - - - -- Headers - - -- -- ----- ---- -- ---- - - - - -- Retum- Path: <Evelyn.Wulff @bbs.bellsouth.com> Received: from rly- yb04.mx.aol.com (dy- ybO4, mail. aol.com [172.18.146.4]). by air-yb03. mail. aol. com (\x) with ESMTP; Wed, 08 Dec 1999 11:40:30 1900 Received: from blsmsgimsO1.bls.comi (iocfirewall5ext.bls.com [139.76.64:8]) by dy- ybO4.mx.aol.com (".4) with ESMTP; Wed, 08 Dec 1999 11:40:23 -0500 ; Received: from SMTP (blsmsgims0l.bls.com [139.76.86.20]) by blsmsgims01.bls.com with SMTP (Microsoft Exchange Internet Mail Service Version 5.5.2650.21) id YMSLXBNW; Wed, 8 Dec 199911:40:22 -0500 Received: from blsmta01.bls.com ([139:76.80.20]) by 139.76.86.20 (Norton AntiVirus for Internet Email Gateways 1.0) Wed, 08 Dec 1999 16:40:21 0000 (GMT) !j Received: by blsmtaOl.bls.com (Lotus SMTP MTA v4.6,2 (693.3 8- 11- 1998)) id 85256841.005B5FBA ; Wed, 8 Dec 1999 11:38:02 -0500 'i X Lotus- FromDomain: BCI ! Retum- Receipt -To: Evelyn.Wulff @bbs.bellsouthcom From: Evelyn.Wuiff @bbs.bellsouth.com f To: KCruanas@aol.com ,I , Wednesday, December 08, 1999 America Online: KCruanas Page: 1 I Message -IQ: < 85256841 005B3F89.00 @blsmte01.bls.com> Date`. Wed, 8 Dec 1999 10:47:26 -0500 Subject: Re: problem agenda Mime- Version: 1.0 Content -type: text/plain; charset= us -ascii Content - Disposition: inline Subj: Re: problem agenda Dater 12/3/99 11:48:00 AM Eastern Standard Time From: Evvelyn.Wulff @bbs.bellsouth.com To: KCruanas @aol.com CC: Lawrence .Wright %BLS @bbs.bellsouth.com, George.H.Grace @bddge.bellsouth. cam, Rudy.Al\arez @bbs.bellsouth.com File: BELLS0 -4.DOC (54784 bytes) DL Time (14400 bps) < 1 minute Kathy, Sony I have not replied sooner but I have been ULTRA Busy, but here I am, I can meet you next week, however I need to find out what date is Larry ' available and also George Grace, please bear with me one more day and by Monday I will be able to tell you a couple days we all are available. Thank you, I Evelyn. I KCruanas @aol.com on 11/30/99 04:10 :16 PM To: Evelyn Wulff CG: Subject: problem agenda Hope your turkey day was good. Please let me know when we can all meet asap. Thx ----------------- - - - - -- Headers -------------------- ----- --- - -- Return -Path: <EvelynWulff @bbs.bellsouth.com> Received: from rly- yb05..mx.aol com (dy-yb05. mail. aol. com [172.18.146.5]) by air- yb02. mail. aol.com (vx) with ESMTP; Fri, 03 Dec 199911:48:001900 Received: from blsmsgims01.bls.com (iocfirewall5ext.bls.com [139.76.64.8]) by rly- yb05.mx.aol.com (\65.4) with ESMTP; Fri, 03 Dec 1999 11:46 :29 -0500 Received: from SMTP (bismsgims01.bis.com [139.76.86.20]) by blsmsgims01.bls.com with SMTP (Microsoft Exchange Internet Mail Service Version 5.5.2650.21) id Y1ZKH8Q7; Fri, 3 Dec 1999 11:46 :29 -0500 I Received: from blsmta0l.bls.com ([139:76:80:20]) by 139.76.86.20 (Norton Antivirus for Internet Email Gateways 1.0) ; Fri, 03 Dec 1999 16:46:28 0000 (GMT) Received: by blsmta01.bls.com(Lotus SMTP MTA v4.6.2 (693.3 8 -11- 1998)) id 8525683C.005BDE8D ; Fri, 3 Dec 1999 11:43:27 - 0500 X- Lotus -From Domain: BCI From: E\elyn.Wulff @bbs.bellsouth.com To: KCruanas @aol.com cc: Lawrence. Wright %BLS@bbs. bell south. com, George .H.Grace @bndge.bellsouth.com, Rudy.Al\tarez@bbs.bellsouth.com Wednesday, December. 08, 1999 America Online: KCruanas Page: 1 '$ELI seu'Ph Kathy Vazquez From: Lisette Pubillones Sent: Tuesday, November 16,1999 4:33 PM To: Kathy Vazquez Subject: BELLSOUTH As you know BellSouth came by to install the jacks in Gremafs and Fatools office. Apparently we have two phone rooms one in City hall & one in Rm. 133 in the P.D. Dept. She suggested we call our telephone vendor and have them run a Tie Cable from one phone Rm. to another. This is the only way they will be able to install those phone jacks and transfer those lines to the P.D. Building. I asked why they couldn't do it and she said it would cost us an enormous amount of money. Our vendor should be able to do it, and maybe for free. ha I PWMWP� 0 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Hakeem Oshikoya Date: November 04, 1999 Finance Director From: Kathy Vazquez Re: Bellsouth Central Services Specialist On Tuesday October 6, while I was on vacation the Police Department's telephone system was down for three hours. The emergency line (crisis link) that is supposed to be activated in case of an emergency was also down. Apparently, Per Lisa Corbin, Bellsouth has admitted that they were having line problems. On Monday October 12, Mayor Robaina made me aware of this situation. I then contacted George Grace who responded quickly by showing up. I expressed my disappointment in their service and again requested a study of citywide telephone system focusing on growth and of course, money. He stated that he would contact Evelyn's boss and set up a meeting with a new proposal within a few weeks. Meanwhile, later that afternoon a Bellsouth technician showed up to install five lines previously requested. One for Greg Oravec, two for Gremaf and two for Kristen in the Police Department. To my amaze, the city has no ports available. Therefore, the technician cancelled the order and left. At this point, I raised hell! Evelyn called me within the hour and later Larry Wright called me and within two hours advised me that since we are maxed out, our only solution is to add a cabinet and a card. A cabinet holds ten cards and each card has 16 ports (16 lines). This can be installed approximately 2 -3 weeks after receipt of a purchase order. I am currently in receipt of additional requests from Parks and Recreation and Police Department. Three lines for the Sylva Martin building and two lines for the Lieutenants office. With this request, over half of a new card will be in use. I have discussed with Evelyn, future Internet connection that Gremaf estimates 8 -10 lines being available. Per Evelyn not all modem lines are going through the board. However, she will investigate. Orlando Martinez had brought to my attention the Public Works lines (opx's) that were no longer being used, however, Frank the technician said no, everything was being used. In fact, the only one he found not used was the one in Planning Dept. X6327 that will be issued to a new planner within a month. I have also found that there are three ports in Human resources office. Jeanette stated the need of a fax machine, If you approve this, there will be one port left. Larry Wright from Bellsouth will provide an inventory of our switch. Once this is received I will verify all extension numbers being used and paid for. After the brief education I have received in the past couple of months on our current telephone system, I do not believe it would be cost effective to go back and turn the whole city digital. A quick estimate of this conversion would cost approximately $35,000.00 in equipment. However, I do believe that future requests should be digital and city should budget accordingly for the cost of the equipment. I am recommending the following, as an immediate solution to our current problem. I consider this solution to be cost effective due to our current and future growth. • Add a cabinet $1,642.55 • Opt 11c software up issue $ 714.15 • Add two cards (one digital and one analog) $4,999.06 • Installation/Programming $ 786.88 Shipping $ 56.00 Total $8,198.64 If this is approved, the analog card will be installed immediately and the digital will be available but not installed until needed. This will avoid Maintenance fees on that card until it is used. I have attached a copy of the quote for your review. This item will have to go before the commission for a resolution. Please let me know when we can meet to discuss. (TINOFSOUT11 MIAMI vINTER- OFFICE MEMORANDUM To: Hakeem'Oshikoya Date: October 13, 1999 Finance Director From: Kathy Vazquez Re: Bellsouth Central Services Specialist Last Tuesday while I was on vacation the Police Department's telephone system was down for three hours. The emergency line (crisis link) that is supposed to be activated in case of., an emergency was also down. Apparently, Per Lisa Corbin, Bellsouth has admitted that they were having line problems. On Monday, the Mayor made me aware of this situation. I then contacted George Grace who responded quickly by showing up. 1 expressed my disappointment in their service and again requested a study of citywide telephone system focusing on growth and of course, money. He stated that he would contact Evelyn's boss and set up a meeting with a new proposal within a few weeks. Larry Wright will provide an inventory of our switch. Meanwhile, later that afternoon a Belisouth technician showed up to install five lines previously requested. One for Greg Oravec, two for Gremaf and two for Kristen in the Police Department. To my amaze, the city has no ports available. Therefore, the ttechnician cancelled the order and left. At this point, I raised hell! Evelyn called me within the hour and later Larry Wright called me and within two hours advised me that since we are maxed out, our only solution is to add a cabinet and a card. A cabinet holds ten cards and each card has 16 ports (,16 lines). This can be installed approximately 2-3 weeks after receipt of a purchase order. I am currently in receipt of additional requests from Parks and Recreation and Police Department. Three lines for the Sylva Martin building and two lines for the Lieutenants office. With this request, over half of a new card will be in use. I have discussed with Evelyn, future Internet connection that Gremaf estimates 8 -10 lines being available. Per Evelyn not all modem lines are going through the board. However, she will investigate. Orlando Martinez had brought to my attention the Public Works lines (opx's) that were no longer being used, however, Frank the technician said no, everything was being used. In fact, the only one he found not used was the one in Planning Dept. X6327 that will be issued to a new planner within a month. I have also found that there are three ports in Human resources office. Jeanette stated the need of a fax machine, If you approve this, there will be one port left. I am in the process of putting together a listing of all the telephone line numbers billed to compare against the records I will receive from Bellsouth. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: December 21, 1999 FROM: Charles D. Scurr SUBJECT: Agenda Item # ,� City Manager Commission Meeting, December 21, 1999 AUTHORIZATION OF THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MC HARRY & ASSOCIATES, INC., TO PRRPARE ENGINEERING PLANS AT A COST NOT TO EXCEED $14,200.00. REQUEST The attached resolution seeks approval to allow the City Manager to enter into a contract with MC Harry & Associates, Inc. to prepare engineering plans for drainage and traffic calming improvements at the intersection of SW 74th Street & SW 59th Avenue, based upon a schematic design prepared by Public Works. It should be noted that this "not to exceed" contract amount includes two line -item services that may not be required for this project (Task 1 and Task 2 in the MC Harry proposal), which were included in the proposal for contingency reasons. If these services are not required, the engineering costs will not exceed $7,700. 00 (Tasks 2 and 3).' The proposal was written this way so that it would have the flexibility to address both the typical (i.e., $7,700.00) and the "worst case" design scenarios (i.e., $14,200.00) without having to stop the project for commission reauthorization, if such additional services were required. Accordingly, each service was itemized as a "lump sum" amount, contingent upon authorization of that service. Administration will closely supervise the consultants to ensure that the design costs are minimized. BACKGROUND An increase of commercial traffic along SW 74th Street can be expected with the opening of the Sunset Theater, the 57th Court Office Building, and after the installation of a traffic signal at Red Road and 74th Street. In addition, because SW 59th Avenue connects the downtown district to SW 801h Street, this roadway is a convenient "cut- through" route for commuters. These factors necessitate proactive action to 'protect the residential neighborhood immediately south of the central commercial district. /continued .... Mayor and City Commission MC Harry & Associates, Inc. Resolution December 21St, 1999 Page 2 of 2 Attached is a schematic drawing developed by Public Works for "traffic calming" at the key downtown intersection of SW 59th Avenue and SW 74th Street, the demarcation line between the commercial and residential districts. The project will also address long- standing drainage problems along the 5900 and 5800 blocks of SW 74th "Street (north side of the street). Attached is a memo to the ERPB which provides a detailed summary of the project objectives, the proposed landscaping improvements, and other background information. The ERPB was to hear this item the morning of the 21St; a verbal report on the ERPB's comments will be provided at the commission meeting. ANALYSIS The attached resolution authorizes the City Manager to enter into a contract with MC Harry & Associates, Inc. to prepare engineering plans based upon the schematic drawing prepared by Public Works. MC Harry & Associates, Inc., is one of the three pre- approved engineering firms to perform work on behalf of the City, per Resolution No. 30 -96 -9783. The total expenditure would not exceed $14,200. 00, and the disbursement would come from the "State Grant", account No. 111 - 0000 - 219 -1810. This account currently has a balance of $88,559. RECOMMENDATION Due to the future increase of commercial activity along SW 74th Street, approval of the attached resolution is recommended in order to provide the necessary roadway infrastructure improvements at this critical intersection. Attachments: ERPB Memo dated 12 /13/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS, REGARDING ENGINEERING DESIGN, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MC HARRY & ASSOCIATES, INC. TO PERPARE ENGINEERING PLANS FOR THE SW 74" STREET / SW 59th AVENUE PROJECT, AT A COST NOT TO EXCEED $149200.00, AND CHARGING THE DISBURSEMENT TO "STATE GRANT - ACCOUNT NO. 111-0000 - 219 -1810. WHEREAS, it is the desire of the Mayor and City Commission to protect the City's residential neighborhoods from cut - through commuter traffic, and; WHEREAS, Public Works has prepared a schematic design for traffic calming, drainage and landscaping improvements at a key downtown intersection; and, WHEREAS, MC Harry & Associates, Inc., is an engineering firm pre- approved by the City Commission, and can prepare engineering plans based upon the Public Works design. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a contract with MC Harry & Associates, Inc. to prepare engineering plans for this project, at a cost not to exceed $14,200.00. Section 2. This resolution shall become effective immediately after adoption. PASSED AND ADOPTED this 21" day of December 1999. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY HARRY S OCIAT S December 3, 1999 (revised 12 =9 -99) David K. Goodin Public Works Department City of South Miami 4795 SW 75th,Avenue South Miami, Florida 33155 Re: 74th Street Intersection with 59" Avenue Traffic Calming Project Construction Plans Fee Proposal Dear David: MCHarry Associates, in collaboration with our civil engineer, Kimley -Hom, is pleased to submit this lump sum not -to- exceed proposal in the amount of $14,200 for your review and approval. This proposal addresses the design phase services necessary to document and permit changes to the roadway geometry at the 7411 Street intersection with 59' Avenue. Our scope of work is based upon your conceptual intersection layout plan dated 10/22/99. A detailed scope description is attached. Task 1 - Field Survey . ....... .................. ......... ................ ................. ................$2800 The consultant will obtain survey data for the subject intersection and produce CADD format topographic base map of the project area. Field survey services will only be implemented if existing city survey data is incomplete or not directly applicable to this project. Task 2 Review Schematic Plan .... .................. ........................... .........................$1700 Once the field survey has been completed, the engineer will review the existing elevations at the intersection and compare proposed 'improvements recommended by the city to existing conditions. Task 3 - Construction 'Plans .................. .................. .................. ......... ...............$6000 Prepare construction plans for th e ro osed improvements. p P Task 4 - Contract Documents / Permitting and Reimbursables ....... ......... ...............$3700 Technical specifications; DERM permit application, if required, for altered drainage patterns resulting from new landscape containment curbing; geotechnical exfiltration testing_ services to supplement those performed by city q the ci if required. Total Lump Sum NTE Fee for services indicated: $14,200 Please acknowledge city review and acceptance of this proposal by signing one of the two original copies of this document. Keep one for your files and return the other to MCHarry and Associates. Thank you for the opportunity to serve the City of South Miami. Sincerely, M. C Harry & As ciates, Inc. City of South Miami T omas M. Carlson, A.I.A. - Charles Scurr Principal City Manager /g9 TUE 18:01 1•'AA 19,54739;!247 AlbiLhk hUH.V W_J vi KiY orn - lm e H and Associates, Inc. *x� E CEIVED December 7, 1999 P1✓ I �a suns 157 } 5100 N.W. 33rd Averue ' Ft. Lauderdale, Florida Mr. Thomas Carlson, AIA ECEIVED 33309 Principal iUfCH�� MC A4YaY ASSOCIATES 2780 S.W. Douglas Road Miami, Florida 33133 Be. Scope of Services for SW 744 Street and Sgt° Avenue (Revised) Dear Tom: Kimley -Hom and Associates, Inc. is pleased to submit this proposal for providing engineering services to prepare plans and specifications for this project. we have reviewed our proposed schematic drawing with your office and the City of South Miami. City staff initially requested that we provide construction documents to implement the Improvements identified as "Option 1" on our schematic drawings Since that time, City staff has included additional improvements including curbs, ,. landscaping, and closing driveways. Our revised scope of services, schedules, and fees , f follow k, t ti s •� p - .SCOPE OF SERVICES zY"1 .st, •t.t .� { - Task I —field Survey `ate r ou - t k:- r The Engineer will obtain survey data for the subject intersection. The survey;will be 'r r ovided in AutoCAD format and will contain a topographic base map of the. "pro�ectr area (up to 100 foot in each direction of the intersection); information of the existuig k storm and sanitary sewer systems (including pipe sizes and invert elevations) sand a . point file with the topography symbology. It is not anticipated that right of way acquisition will be required. Our surveyor will provide survey services associated with the preparation of sketches and legal descriptions for right of way or casements acquisition should they be required as aii additional service. Task II Schematic Design Review Once the field survey has been completed, the engineer will review the existing - elevations at the intersection and compare the proposed improvements as recommended by the City to the existing conditions. The intent Of the review isto evaluate the impact of the City's recommendations to the initial intersection improvement option that was approved. Additional items such as inlets, curb and gutter, sidewalk, and landscaping will impact the opinion of probable construction cost. TEL 954 739 2233 na�.nw wgwecnxaueza+.o.nwwa ±.nwa .�s.� FAX 954 739 2247 Mr. Thomas Carlson. D"=ber 7.1999. N94:2 Kimley- Horn.... __... and Associates, Inc. Task M - Construction Plans The final 'Construction Plans set will be prepared for reproduction at half size sheets � (I l x 17t) to take advantage, of the ease and quality of reproduction as well as being a more convenient format for use in the field during construction. The plans shall contain the following information: 1. A cover sheet will be prepared containing project identification information, a vicinity map, index of sheets and other information as may be appropriate. 2. Horizontal alignments and geometric improvements will be detailed on the . topographic base mapping. 3. intersection grading information will be shown. it 4. General notes defining the basis of design and construction requirements. ; S. The proposed drainage system along with proposed additional drainage elements that will include construction notes and details. Surve ` Data C 0 llection and Task _ Tas Burin Y 6. Existing utility information as obtained g . , additional utility information provided by the City will be added to the plans T 5 � z x r Signing and Pavement Marling will be shown 3 r„. tr r{ g. Minimal landscaping Improvements will be shown at the new landscaping areas r r i L S'L V } r , -. ��i�� t.:. - is 3 t i- '� r `� .'�"'^,.s•, � � r^ ; 'A! X t- e �� : Total Project Plan set would utclude the followm { s • r y�' •' Key Sheet (t sht) Project title, vicinity map, Engineer of Record, and other F= ears r appropriate information 'a "W" Horizontal Horizontal &Vertical Control Plan sheet (1 sht.) - Contammg the horizontal and t vertical alignment as well the proposed drainage structures s: Signing and Pavement Marking Plan (? sht) - Signing and pavement markings wilt be detailed', r • Detail Sheet (1 sht.) — Containing the non - standard details. Task IV Contract Documents No contract documents will be prepared for this project. As directed by the City, the - contractor will be Mid Construction, Inc. who is currently under contract with the City. Technical Specifications will reference the Standard FDOT Technical Specifications. re Supplemental Technical Specifications will be prepared by the Engineer which address construction elements not included in said standard specifications or that are included but require modifications. wraavouwuar�ww�.H+�rnv�r.• >� .,.crE 18:01 FAX 19547392247 RIMLEF HORN r - . Mr. Ybomu Carlson. D= mba 7. 1999, Page a Kimley -Horn' .. and Associates, Inc. 1.l 5 times costs. Kimley- Horn's computer reimbursable expenses are billed at the hourly rate of $25.00. The reimbursable item as it relates to the geotechnical services will be authorized by the City prior to execution. Fees will be billed monthly based upon services actually accomplished. for hourly rate . elements. Billing will be due and payable within 25 days. `Kimley -Horn and Associates, Inc. Rate Schedule I j December 7, 1999 , Principal :'$175.00 per hour Project Manager $145 00 per hour = - S . v $1 0 per hour enior Professional 1 25 0 Engineer $ 80 00 per hour r �CA11 Technician 's , t -, }$X65 00 per v� z` 4 °tt,t'�rx� .u+.r ,, nr r:'�j" ts'L . 50.0 rllOUr.c+rt sue: fi <z„ .s .L�Sj.�;5t y� -ai Clercalip Y �. 1Je ti r� i.�f ; i.'" q^fc,•_Fky,, ZrLS,, Nla .S... waxtx i �; ,,.,;,�,,.4,;.r 25 UU'Per�hour Y .. J. az CARD Stat�ot>:,. ":ss '-.f4� iri =t -.+.)� y yyi,.,".r ,�,,�S- p�'•,,�,xQ j£''�+. `4 ?�"i.aa '�r..d r .. G.. ],i,•£T. '?e + _ .�,,a,. -k. yyzs.¢:ytYe.g rT '� �` e. r av'.S'V`".1r; 1;1 _ = �'" Tt ' #j N11 z� .M °molar AVE .c. �.�' T::x9y X a t -"t :y - °r : ^� fix} �. •s� b i i . �R10E1ia�b�t[d Aat�d+sllb: i \�STAF \vOIPfAOIECl\�L i THE CITY OF SOUTH MIAMI "City of Pleasant Living" CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Environmental Review & DATE: December 13, 1999 Preservation Board '(ERPB) Via: Fernando J. Rodrigue Public Works' Director FROM: David K. Go d* SUBJECT: ; Traffic Calming Project Project Manager SW 59th Avenue & 74th St. INTRODUCTION Attached for your review is a proposal to modify a key intersection at the border of our downtown district in order to beautify, to disincline residential cut - through traffic, and to increase vehicular and pedestrian safety. BACKGROUND The impetus for this project is stormwater drainage problems at and near this intersection. However, as it is the philosophy with the Public Works Department, this drainage project is also an opportunity to achieve other design goals at the same time. As you know, SW 74th Street is the delimiting line between the commercial district to the north and the residential neighborhoods to the south. SW 74th Street therefore receives a heavy mix of both residential and commercial traffic, as well as significant pedestrian movement. - (This traffic flow can also be expected to increase once the Sunset Theater and the 57th Court Office Building are constructed.) Also, as you also know, SW 59th Avenue is a heavily traveled road due to its direct access to both the downtown district and SW 80th Street, a' key commuter route. These factors make the SW 59th Avenue / SW 74th Street a key intersection for civil lannin purposes. p g p IP /continued ... INTEGFLZ'.I`Y♦ L']GCILLEN`CL^ �iNCLLT9SON City of South Miami Public Works Department 4795 SW 751h Avenue, Miami, Florida 33155 ♦ Phone (305) 663 -6350 Fax (305) 668 -7208 ERPB Members 59th Avenue / 74th Street Project December 13,1999 Page 2 of 3 PROJECT GOALS Several traffic calming plans were examined, such as round -a -bouts and medians, but were found to be infeasible or impractical. Therefore, an alternate plan was developed encompassing the following, project goals: 1) To re -align the east/west approaches for vehicular safety, and to produce a traffic calming effect via the bends in the roadway. 2) To constrict the roadway width to the appropriate 20' at certain approaches to a,produce traffic calming effect. r 3) To shorten pedestrian crossing distances for safety. 4) To "disguise SW 59th Avenue from appearing to be a tempting cut- through route out of the commercial district. This would be accomplished by deliberately mis- aligning 59th Avenue south of 74th Street (so drivers cannot see straight through to 801h Street) by moving the on- street parking from the west side of the street to the east side (this deflects the traffic lanes to the west, producing a traffic calming bend in the road). 5) To reinforce the residential nature of this street through landscaping improvements. 6) To remedy the stormwater drainage problems at this intersection. PROPOSED LANDSCAPING The landscaped islands used to constrict the roadway are a key design feature. However, to prevent the landscaping from being run - over, a "vertical element" such as trees are needed to visually distinguish these areas (a vehicular safety consideration as well). Due to line -of -sight and vehicular hazard concern, the only non - groundcover landscaping that can be planted (i.e., taller than 21/2') are solitaire palms. These palms are ideal because they are no more obstructive to the line -of -sight than sign posts, and they have a trunk caliper no greater than 3 ", and therefore I they meet FDOT "break- away" regulations. The landscaping concept for the groundcover is to "blanket" the islands with creeping periwinkle I (both white and pink flower varieties), and have lavender periwinkle on 6" earthen terraces around the palm bases. The choice of periwinkle is ideal due to its tolerance for a variety of sun and moister conditions, and for its conspicuous flowers. /continued ... IIN'1�GR�2'Y� YJCCEI:LENGL � =NCLiJ9SON City of South Miami Public Works Department ♦ 4795 SW 75th Avenue, Miami, Florida 33155 ♦ Phone (305) 663 -6350 fax (305) 668 -7208 ERPB Members 591h Avenue / 74th Street Project December 13,1999 Page 3 of 3 PROPOSED DRIVEWAY APPROACH CLOSURE A privately -owned parking lot exists at 5900 SW 74th Street, next to the proposed intersection improvements. This parking lot has two entrances on 74th Street, each twenty feet wide. In order to create the landscaped island on 74th Street shown on the attached sketch, it will be necessary to permanently close the easternmost driveway approach (this will not significantly hinder the use of the parking lot). , A letter has been sent to the property owner to garner their opinion on this proposal. Hopefully, we will have their response in time for the ERPB meeting on the 21 st WINN DIXIE DRAINAGE IMPROVEMENTS The ERPB should be aware that during the course of this project, it was discovered that rooftop rainwater from the Winn 'Dixie store was being discharged to the public right -of -way, compounding the drainage problems in the street. In addition, it was also discovered that Winn Dixie has an existing drainage system that conveys stormwater to a drainage system in SW 74th Street, a violation of current stormwater disposal regulations: Winn Dixie has indicated that they have retained consultants to address these drainage problems. Therefore, the ERPB can expect to see a proposal from Winn Dixie to improve the aesthetics along their southern building wall (in conjunction with the drainage improvements) in the near future. CLOSING REMARKS Contingent upon ERPB approval of this traffic calming and landscaping proposal, an item on the City Commission meeting agenda for December 21" will name an engineering firm to finalize the plans for construction. In order to "fast track" this project for construction, it is hoped that the ERPB will be able to evaluate and approve this proposal that same morning. Specifically, the ERPB approval' is sought for the following: 1) The "traffic calming" proposal. 2) The landscaping proposal. 3) The closure of the driveway` approach for the 5900 SW 74th Street parking lot. Thank you. cc: Charles D. Scurr, City Manager Subrata Basu, ACM / Planning Director City of South Miami Public Works Department * 4795 SW 751h Avenue, Miami, Florida 33155 ♦ Phone (305) 663 -6350 Fax C � r ri nOJ 69 MS --------- - - - - -- D Iti t7 ' I , �• ZO] � raj-- � J c l ; CD m T� CD T CD CD I it i I r; r ° 0 - i ------------------ -- - - -. @nU@AV 6q MS - - - - . I ------------------ _ O m CD cn It ro CD I III � N� r•.- �. G i it i� fD N p 1 II i I I I N r'7 111 II i —_. rte•.- O' � � � � � I I I �� r[J„ 7V I I I I I I I CD � rC�T i I I i L•s' I i i i T �^ 1 I CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor & City Commission Date: December 171999 From: Charles D. Scurr Agenda Item # 13, City Manager Re: Comm. Mtg. 12-21-99 LDC Amendment: Hometown Overlay REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20 -7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The attached ordinance amending the Hometown District (HD) Overlay zone is a result of amendments made to the City's Comprehensive Plan. As part of the Evaluation and Appraisal process (1995 -96) the City reduced the number of commercial land use categories and created a new overall mixed use commercial /residential land use category. This category is primarily implemented by the Hometown District Overlay zone. The Florida Department of Community Affairs in 1997 advised the City that the new land use category must contain specific densities for residential and commercial uses, as well as a specific range of how the mixed land uses would be distributed in a project. In 1998, the City adopted an ordinance amending the Comprehensive Plan to include the general wording describing the mixed use standards.. Florida Statutes require that the Land Development Code must be amended to contain the same Comprehensive Plan standards. The attached ordinance makes the necessary changes to reflect the Comprehensive Plan language. The ordinance also places the HD Overlay zone on the City's Official i Zoning Map.. This item was approved on first reading by the City Commission at its November 2, 1999, meeting. The Planning Board at its November 9, 1999 meeting deferred action on the proposed ordinance.and requested staff to make the LDC regulations on mixed uses more specific than the Comprehensive Plan language. The City Commission deferred second reading of the ordinance at its December 7„ 1999 meeting. Attached is a revised ordinance which contains proposed percentages of mixed uses which would be required for any retail or office projects. These revisions are shown in italics as part of Section 20 -7.2 (E), page 2 of the proposed ordinance. The Planning Board also expanded the language of the same section in order to clarify the intent of the Hometown Overlay Zone.This revision is shown in italics as part of Section 20 -7.2 (A) page 2 of the proposed ordinance. The Planning Board approved the proposed ordinance, as amended, by a vote of 5 -0 at its November 30,1999 meeting. It is imortant to note that the proposed revisions are of a technical nature and do not change any of the existing regulations RECOMMENDATION: Approval ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 'FLORIDA, RELATING TO THE HOMETOWN DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20 -7.2, IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS REQUIRED BY - - PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Department and the Planning Board have initiated a program to update, clarify, and improve the provisions' of the City's Land Development Code; and WHEREAS, after review and consideration, the Planning and Zoning Department has recommended amending Sections 20 -7.1 and 20 -7.2 of the Land Development Code pertaining to the Hometown District Overlay Ordinance in order to clarify the title and intent of the District to place the overlay on the City's Official Zoning Map an add standards pertaining to height, density, intensity and mixed use, as required by provisions of the City's Comprehensive Plan; and WHEREAS, specific amendments to Sections 20 -7.1 and 20 -7.2 were included in the Land Development Code Proposed Technical Amendments 99 -A document which was reviewed by the Planning Board at a public workshop held on October 26, 1999; and WHEREAS, on November 30,1999 , after public hearing regarding the proposed amendments to Sections 20 -7.1 and 20 -7.2 of the Land Development Code, the Planning Board voted 5 -0 to transmit the proposed amendments to the City Commission; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -7, "Hometown District Overlay Ordinance," and more specific, subsections 20.7.1 and 20 -7.2 entitled "Title" and "Intent, applicability and boundaries," of the South Miami Land Development Code is hereby amended to read as follows: NOTE: New wording underlined; wording to be removed indicated by strike- through. Page 1 ARTICLE VII. HOMETOWN DISTRICT OVERLAY BR_rJJ_X.A_WC ONE Section 20 -71 Title. This article shall be known as the "Hometown District Overlay Awe Zone "(HD): Section 20 -7.2 Intent, applicability, and boundaries., permitted heights, densities, intensities, and mixed use standards. (A) Intent. These land development Fegulations The Hometown District Overlay Zone implements a mixed -use commercial/residential land use category that is characteristic of traditional downtowns. It is intended to provide for different levels of retail uses, office uses, retail and office services and residential dwelling units with an emphasis on mixed use development .1h order to assure a mix ofuses, the City requires that a minimum oftwo of the above uses must be included within each _project.. The land development regulations contained herein reinforce South Miami's Comprehensive Plan by establishing new standards for development as an overlay to existing development regulations within the boundaries of the Hometown District. These new regulations intend to invigorate the economic and social vitality of South' Miami's "main street" business center, distinct from enclosed Dadeland type malls and West KeadaJl4ype strip development, by the following actions: ( Items (1) through (6) unchanged.) (B) Applicability. The requirements of this Article shall be in addition to each and every other requirement of the City of South Miami Land Development Code (Code), and in the case of conflict, the provisions of this Article shall control. (C) Boundaries. The boundaries of the HD shall be as delineated on the City's Official Zoning Map as an overlay zone with the symbol "HD -OV" and on the HD Regulating Plan, as amended from time to time. (D) Permitted Heights, Densities and Intensities: The following standards shall be applicable within the HD: (l) Maximum Height 4 stories (2) Maximum Residential Density 24 units /per acre (3) Maximum Floor Area Ratio for the Total Development 1.6 (E) Mixed Use Standards. The following standards requiring a mix of land uses shall be applicable within the HD: NOTE: New wording underlined; wording to be removed indicated by strike - through. Page 2 (1) Residential Projects At a mimimum, the first floor must allow retail. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of '1999 ATTEST: APPROVED: fl i CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Commission Vote: t Mayor Robina: Vice Mayor Russel: Commissioner Bass CITY ATTORNEY Commissioner Bethel: Commissioner Feliu: f NOTE: New wording underlined; wording to be removed indicated by strike - through. ';i Page 3 I L w%,J)luJ auu k%,), r..7.? dau Z%.ULC B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions; 10. The Department believes that if the City adds the objective and policies as identified in Item No. 7 as well as establishing objectives and policies based upon the additional analysis requirements as discussed in preceding sections ofthe Statement cf Int: nt, the ` transportation needs of the TCEA will be met. 11) The amendment is inconsistent because the Future Transportation Map did not include parking facilities that are required to achieve mobility goals; TCEA; and intermodal terminals and access to such facilities. (Section. 163.3177(6)6)1., 2., and 3., F.S.; Rule 9J- 5.005(5)(b); and Rule ,9J- 5.01'9(5)(a)Le.; (5)(a)4; and (5)(a)9., F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 11. Include these items on the Future Transportation Map. II. AMENDMENT TO THE FUTURE LAND USE ELEMENT A. Inconsistent orovis;ons. The inconsistent provisions of the plan amendment under this subject heading are follows: 1) The amendment is inconsistent because it includes new mixed use'FLUM category, Mixed Use Commercial /Residential (Four Story), but does not include a minimum and maximum range percentage of land use distribution among the mix of uses, and the density for residential uses. While the City has "established a Floor Area Ratio (F.A.R.) appropriate for non- s a STAMPMWT OF HM -CCMPLIMC* ( P-PT) vary in size which makes it difficult to determine the number of units that could be allowed. [Section 163.3177(6)(a), F.S., and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.] B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. The Mixed Use Commercial/Residential (Four Story) category must be revised to include the minimum and 'maximum range percentage of land use distribution among the mix of uses and include a residential density based on dwelling units per acre. III. FUTURE LAND USE MAP AMENDMENTS A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The City has adopted 4 FLUM amendments which involve converting land uses to the Mixed Use Cornmercial/Residential (4 Story) category. As the Department has determined that the Mixed Use Commercial/Residential (4 Story) category is not in compliance, these 4 FLUM amendments are also not in compliance because of the problems associated with the .land 'use category. Listed below are the subject amendments. [Section 163.3177(6)(a), F.S.; Rule 9J- 5.005(5)(a); and Rule 9J- 5.006(1)(c) and (4)(c), F.A.C.] Amendment Total Acreage Existing Designation Proposed Designation Amendment No.1- 2.41 Single- Family Res, Mixed Use - Madison Square Neighborhood Retail (2 Commercial/Residential Story) Amendment No.2. Charrette Too 14.21 Commercial Office Use, ' Commercial Retail, Public Institutional, Single Family Res, and Vacant Mixed Use Commercial/Residential Amendment No.5- 1.46 Low Intensity Office (2 Mixed Use Community Center Story) Commercial/Residential Amendment No.6- 40.6 Specialty Retail/Res (4 Mixed Use Hometown District Story), Neighborhood Commercial/Residential Retail (2 Story). , Residential Office (2 Story), and Medium Density Multiple (4 Story) B. Recommended remedial actions These inconsistencies may be remedied by taking the following actions: 1. Upon revising the Mixed Use Commercial/Residential (Four Story) category pursuant to the recommendation contained in Amendment to the Future Land Use EIement Recommendation'No. 1, these FLUM amendments will be found in compliance. W. AMENDMENT TO THE HOUSING ELEMENT A. Inconsistent provisions. The. inconsistent provisions of the plan amendment under this subject heading are as follows: 1 The amendment i s c n onsi ste nt because e us Housing Objective .3 wh which states t ha t the City will create and maintain affordable housing for all current and anticipated future resident of the City, especially providing for households of very-low income, low - income, and moderate- income, is not measurable because it lacks a target by which the identified deficits in affordable housing will be reduced. The associated policies, while establishing programs which could result in the construction of affordable housing, do not establish the target b y which the City will - g _ W 2 • The analvsis shall address internal consistencv of the plan especially its 3 provisions address ins;.transponation. 'land use and the availabiliry of 4 facilities: and: 5 6 • An analvsis which identifies es land use s and d trans ortanon manage r►,�.,* 7 programs necessary to promote and support public transportation systems 8 in designated transportation corridors 9 10 11 - .2: �• •"' I. AMENDMENT TO THE FUTURE LAND USE ELEMENT 14• . 15 T a following remedial amendment language is proposed as an addition to the existing goals. 16 policies and objectives of the City's adopted and amended Future Land Use Element as follows: 17 18 Mixed -Use Commercial/Residential (Four -Story) 19 The mixed -use commercial /residential land use category is intended to provide for different 20 levels of retail uses, office uses. retail and office services. and residential dwelling units with an 21 emphasis on mixed -use development that is characteristic of traditional downtowns. Permitted 22 heights, densities and intensities shall be set forth in the Land Development Code. Regulations 23 regarding the permitted height. density and intensity in zoning districts for areas designated as 24 mixed -use commercial /residential shall, provide incentives for transit- oriented development and 25 mixed -use development. Zoning regulations shall reinforce the "no'widenings" policy set forth 26 in the Traffic Circulation Element by "encouraging use of Metrorail system. Pursuant to the 27 recommendation by the Department of Community Affairs to include Floor Area Ratio (F.A.R.) 28 in the Comprehensive Plan. the City adopts a F.A.R. of 1.6 for this land use category which is 29 the existing F.A.R. in the Land Development Code for the corresponding zoning district. In 30 addition. the City adopts a maximum residential densitv of 24 units per acre In order to ensure 31 a mix of uses, the City re:g ires that a minimum of two of the above uses must be developed 32 within this category. For residential groiects at a minimum the first floor must allow retail ! 33 For retail oroiects, at a minimum at least one floor must contain residential or office For office 34 proiects. at a minimum at' (east one floor must contain residential or retail 35 36 ') 37 38 39 111. FUTURE LAND USE MAP - AMENDMENTS 40 41 No language chances or map changes are proposed. as it is understood that the en � - P P amendment 42 which is proposed in the previous section, if accepted. will satisfv DCA, regarding this section. I 43 44 45 Exhibit A "r; DIAL LM6YOAG4 ItUVIRED by In STIVOIA ED R KREEMC�iT ADOPTED Sy M. IZ -9 g- lev&o r DRAFT a CITY OF SOUTH MIAMI Planning Board Regular Meeting Summary Minutes Tuesday, November 30, 1999 City Commission Chambers ,i 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Mr. Morton, Chair, called the meeting to order at 7:33 p.m. The Pledge of Allegiance was recited in unison. II. Roll Call Board members present constituting a quorum Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Cooper, Mr. Wiscombe Board members absent i ! Mr. Illas, Mr. Lefley City staff present j; Subrata Basu (ACM/Planning Director); John Little (Principal Planner); Sandy Youkilis (Temporary Planning Staff); Lourdes Cabrera - Hernandez (Planner); David Struder (Board Secretary) III. Public Hearings (Planning Board) A. ITEM: PB -99 -016 Applicant: Habitat for Humanity of Greater Miami Request: REQUEST FOR VARIANCES FROM SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW A SIXTEEN FOOT (16') FRONT SETBACK, WHERE TWENTY -FIVE FEET (25') IS REQUIRED, AND A SEVEN FOOT EIGHT INCH (7'8") REAR SETBACK, WHERE TWENTY -FIVE FEET (25') IS REQUIRED, ON f' j PB Minutes 11 -30 -99 1 kI I : i PROPERTY LOCATED IN THE RS -4 "SINGLE- FAMILY RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT 6550 SW 59 AVENUE, SOUTH MIAMI, FLORIDA 33143. Mr. Wiscombe read the request into the record. Staff reviewed details of the request, Mr. Wiscombe noted several typographical errors in the -staff report. Public hearing was opened. There being no one present wishing to speak for or against the -item, the public hearing was closed. Motion: Mr. Cooper moved approval of the request. Mr. Wiscombe seconded the motion. Votes Approved 5 Opposed 0 Discussion continued and involved, but was not limited to, the following topics. The Board inquired as to the study of sub- standard lots in the residential area and other matters related to zoning. Staff reported that a list of such matters is being composed for future consideration. Staff noted that the City may implement a zoning task force to assist with these outstanding concerns. In closing comments on the item, staff introduced the Planning & Zoning Department's newest employee, Lourdes Cabrera- Hernandez, Planner. B. ITEM: PB -99 -010 (Continued from PB meeting of November 9,1999) Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING SECTION 20 -4.3 (K)(1) PERTAINING : TO REGULATIONS GOVERNING THE GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Ms. Chimelis read the request into the record. Staff reported that the item was being carried over from the Board's last meeting and included changes reflecting comments related in that meeting. Staff noted that such changes included '(1) the incorporation of a seven -year amortization schedule and (2) in matters involving major building fagade renovation, the grandfatherng of sign would be voided. Staff explained that (1) the item, as revised, is beyond that which had been originally advertised and that (2) the City Attorney advised that the request be deferred at this time. The Board made recommendations (1) that the ordinance should include an actual amortization schedule, which would start when a sign becomes non- conforming and (2) to include language such as ...a sign made non- conforming by changes in the code or law should be grandfathered for a period not to exceed five years. PB Minutes 11 -30 -99 2 Mr. Morton noted that the motion would be one for deferral with recommendations. Motion: Mr. Cooper moved deferral of the request. Mr. Wiscombe seconded the motion. Vote: Approved 5 Opposed 0 C. ITEM: PB -99 -012, (Continued from PB meeting of November 9,1999) Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20- 7.2 IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S COMPREHENSIVE ' PLAN; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Ms. Gibson read the request into the record. Staff reported that the item was being carried over from the Board's last meeting. Staff explained that, in response to the Board's comments expressed at that meeting, specific percentages had been added to the language involving Mixed -Use Standards (E) for office and retail projects. Staff noted that, in regard to residential projects (E)(1), language would remain as stated without a specific percentage: Public hearing was opened. There being no one present wishing to speak for or against the item, the public hearing was closed. The Board and staff discussed language contained in the Comprehensive Plan, which defined mixed use: Staff explained that the Plan language could not be changed; however, the LDC section could be amended to clarify the City's mixed -use objective. Suggestions'for clarification included that uses be bolded (line 20) and that lapguage in each project be added (line 31), The Board and staff discussed language, included in the proposed ordinance. Suggestions included to add language ...in order to ensure a mix of uses, the city requires that, for each development... for Intent (A). The board directed staff to provide the precise language. Motion: Mr. Cooper moved approval of the request, as modified. Ms. Gibson seconded the motion. Vote: Approved 5 Opposed 0 PB Minutes 11 -30 -99 9 3 IV. Discussion Item A. Request of City Commission for Planning Board's recommendation on proposed revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee Schedule Staff explained that, at a prior consideration of the, item with the City Commission, discussion was held in regard to Land Use Application Fees (H). The Board inquired as to whether studies concerning fees are done for comparable municipalities, such as Miami Shores. Staff noted that comparisons have been made, including with Coral Gables and Miami- Dade County. The Board and staff discussed whether to use percentages or acreage as a baseline for fees to be charged, in order that the City may be fairly compensated. Staff noted that the Planning Advisory Service (PAS) or the Urban Land Institute (ULI) could be consulted in regard to obtaining information on charging fees. The Board requested that additional'' information be supplied when the item returns for consideration, such as rationale for fees, fee schedules of other municipalities, etc. V. Approval of Minutes Minutes of November 9, 1999 The Board duly voted on and approved the minutes for November 9, 1999, as submitted. Vote: Approved 5. Opposed 0 VI. Remarks l Discussion There were none. VII. Adjournment There being no further business before the Board, the meeting was adjourned at 8:45 p.m. PB Minutes 11 -30 -99 4 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor & City Commission Date: December 171999 Agenda Item # From: Charles D. Scurr' Re: Comm. Mtg. 12-2 j 9 City Manager Corrective Ordinance Abandonment of Right -of Way REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE ABANDONMENT OF RIGHT-OF- WAY, AMENDING ORDINANCE NO. 33 -80 -1092 IN ORDER TO CORRECT AN ERRONEOUS REFERENCE TO TRACT 111 AND TRACT 114 TO READ TRACT 11 AND TRACT 14 OF THE REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, AS RECORDED IN PLAT BOOK 43, PAGE 37 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA, PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: In 1980, the City of South Miami approved by ordinance the abandonment of a certain section of unimproved right-of-way in the Palm Miami Heights subdivision along SW 60 Avenue. The property was located between two tracts of land, specifically Tracts 11 and 14. The ordinance adopted in 1980 erroneously referenced these tracts as Tracts l 11 and 114. - Attached is a letter from a representative of the property owner requesting that the City correct the ordinance. The only method to make the correction is to adopt, on two readings, a new ordinance which sets forth the correct identification of the two tracts. The Planning & Zoning Department has prepared the attached ordinance. The ordinance was approved on first reading by the City Commission at its December 7' 1999 meeting. i RECOMMENDATION: Approval Attachments: ! Proposed Ordinance Communication from Mr. H.C. Gamble dated 08/17/99 i i y i 1 2 3 ORDINANCE NO. 4 5 6 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 7 THE ABANDONMENT OF RIGHT -OF -WAY, AMENDING ORDINANCE 8 NO. 33-80-1092 IN ORDER TO CORRECT AN ERRONEOUS REFERENCE TO 9 TRACT 111 AND TRACT 114 TO READ TRACT 11 AND TRACT 14 OF THE 10 REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI I I HEIGHTS, AS RECORDED IN PLAT BOOK 43, PAGE 37 OF THE PUBLIC 12 RECORDS OF MIAMI -DADE FLORIDA, PROVIDING FOR SEVERABILITY, 13 ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, the City Commission at its meeting on October 21, 1980, adopted Ordinance No. 17 33 -80 -1092, which ordinance abandoned unimproved right -of -way; and 18 19 WHEREAS, Ordinance No. 33 -80 -1092 has been filed in the Miami -Dade Official Record 20 Book 10933, Page 99; and 21 22 WHEREAS, it has been determined that Ordinance 33 -80 -1092 incorrectly referred to Tract 11 23 and Tract 14 of "Revised Plat of a Portion of The Amended Plat of Palm Miami Heights" as Tracts 24 111 and 114; and 25 26 WHEREAS, at request of the property owner's representative an amendment ordinance has 27 been prepared, which ordinance corrects the errors made in Ordinance 33 -80 -1092. 28 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 34 Section l. That Ordinance No. 33 -80 -1092 adopted by the City of South Miami City 35 Commission on October 21, 1980 is hereby amended in order to correct an erroneous reference to 36 Tract 111 and Tract 1. 14 to read Tract 11 and Tract 14 of the Revised Plat of portion of the 37 Amended Plat of Palm Miami Heights, as recorded in Plat Book 43, Page 37 in the Public Records 38 of Miami -Dade County, Florida. 39 40 Section 2. If any section, clause; sentence, or phrase of this ordinance is for any reason held 41 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 42 validity of the remaining portions of this ordinance. 43 44 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 45 ordinance are hereby repealed. 46 47 Section 4. This ordinance shall take effect immediately upon being approved.` 48 49 50 PASSED AND ADOPTED this day of '1999 51 1 ATTEST: APPROVED: 2 3 4 5 CITY CLERK MAYOR 6 7 READ AND APPROVED AS TO FORM: COMMISSION VOTE: g Mayor Robina: 9 Vice Mayor Russell 10 Commissioner Bethel: 11 CITY ATTORNEY Commissioner Feliu: 12 i Commissioner Bass: MEMBER: FLORIDA SOCIETY OF TEL. (305) 891 -7340 PROFESSIONAL LAND SURVEYORS FAX: (305) 893-0325 AMERICAN CONGRESS ON SURVEYING AND MAPPING A. R. TOUSSAINT & ASSOCIATES, INC. LAND SURVEYORS HYDROGRAPHIC SURVEYORS f* 620 N.E. 126TH STREET NORTH MIAMI, FLORIDA 33161 August 17, 1999 City of South Miami y . e ,. - Office of City Manager Attn: Mr. Charles D Scu.rr $130 Sunset 'Drive rFf r. South Miami, Florida 33143 = / p A - Dear Mr. S curr . With reference to Ordinance No, 33 -80= 1092, fili�e;in Official Record Book 10933, Page 99, there is reference to Tracts 111 and 114 of "REVISED PLAT OF A PORTION OF THE AMENDED PLAT OF PALM MIAMI HIGHTS9" through -out this instrument. I These Tracts should be Tracts 11'.and 14, as you can see on the attached copy of the Plat, which is recorded in P.B. 43 at Page 37 Could you advise use if this Ordinance has previously been corrected? If so., by what Instrument'? Appreciate your assistance in this matter. Sincerely, C c�. Howard Cm Gamble, V. President HCO jbvg ccToTn Matkov, Esq. David Fry Enclosures 1380 icy .1 7 F9 131 5� SOR3089317 , 111110933 . 99 'ORDINANCE `NO. 33„�.. 80 1092 AN ORDINANCE OF THE CITY OF SOUTH MIAMI FLORIAA, ABANDONING AND VACATINn A CERTAIN DESCRIBED UNIMPROVED: RIGHT -OF -WAY LOCATED ON SOUTHWEST GOTH AVENUE BETWEEN SOUTHWEST BOTH STREET AND SOUTHWEST GIST STREET,, SOUTH" MIAMI, FLORIDA, WHICH L'NIf pR0VCD RIGHT -OF -WAY IS BORDERED ON THE 'EAST _BY TRACT ;13.4 AND BORDERED ON THE WEST BY TRACT 211, BOTH TRACTS BEING IN THE REVISED PLAT OF A< PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, AND NHIC11.0IMPROVED RIGHT -OF -WAY IS FURTHER OUTLINED IN SLUE 014 THAT CERTAIN SKETCH ATTACHED T6 THIS ORDINANCE, RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING WHEN THIS OPDINANCE SHALL TAKE EFFECT. WHEP.EAS, the City has determined that it is in the beat interest of the City that thr uninproved right- of� -vay I hereinafter described be abandoned and vacated, and W1rEP.EAS, the City has no need for th, unimproved right -of -way hereinafter abandoned and vacated, and WHEREAS, it would be to the interest of the general ! 1` welfare of the Citizens of the City of South Miami to abandon and vacate the unimproved right-of-way hereinafter referred' to. NOW, THEREFORE, 13E IT {ORDAINED BY THE MAYOR AND (i CITY COMMISSION OF THE CITY OF SOUT11 MIAMI, FLORIDA: Section' 1. That all tho land shown as "unimproved right -of - way, "located on Southwest 60th Avenue between Southwest 80th Street and Southwest 81st Street in the City of South Miami, ! Florida, said unimproved right -of -way being 50 feet wide and 275.29 feet icing more or lose, running north and south, which unimproved tight -of -way is bordered on the east by Track 114 i and bordered on the west by Tract 111, both Tracts being in the Revised Plat of a portion of the Amendod Plat of P•Rlm Miami Heights, according to the Plat theroof, as recorded in Plat Book i 43, Page 37, of the Public Records of Dade Coui,ty, Florida, and which unimproved right-of-way is further outlined in blue on that certain sketch attached to this Ordinance, be, and the same is i hereby abandoned ` and vacated. ii l i i • i+Lr' Section 2, The City retains; the right to maintain, install, operator repair and replace by itself or by any licenree or a holder of a franchise from the city any polesp wires, pipes, eandgits, sewer main*, water mains, or any other facility or equipment for'1~he maintenance or operation of any utility now or hereafter located in the .unimproved right -of -way or portion thereof Abandoned or vacated by this Ordinance. Section33. This 'Ordinance shall take effect immediately at the time of its passage. •�'� +�� +���''+ PASSED and ADOPTED this 215t day of October : r . APPROVED: r"' . Zvi • '► fell, 4, ,i� ,. .,. ,N.l Mayon 4 City e r Parsed on First Reading: 10 /07 /Hp a . Passed on second Reading. I0 /21/80 I� • I 1 be+Mfi M lII+YIL Amw1 w� I "1111111 "WPM U(89 Cool? WUllj f.5 � o r ek yI y p p '�. ry �J ti' (Z it 1.1 � V .� 1••=���� � .I - (^ lit '�yl •'.CU \' t , `� �i - • ,. �` 1- XV. A£ Vk � R�: v 1• 4 { f.. I y ar}��Y•.- I w F o, z oz ax min i go y 1 a1 \ ,VQ '• 1 � • e � _ � / .. 1 Chi Y— ° o f _ J��•"��'1 _ F i2 •` S4 LBZ ,SY."LCZ . �' Zh9� raw `.sue.. •.•.� ' i tu_ fi 1' '� ° 47 rt[L U I �Q o tJ; AN V WARi 'R Z4 ex 0' h , `�`7•� —� -�~ ' • • (7 f ,Ik { �r k i e 'f f •7. 1 >� "s:. -- __- ,end F '� "•1%r r - f 1 f1� t C. ^` e1 ti � u 4 � � til YY�`�F .. 'rrr � I :•Fa�� u•_ r qq t)6 :, �" CITY OF SOUTH MIAMI MIAMI DAILY BUSINESS REVIEW _' NOTICE OF PUBLIC HEARINGS Published Daily except Saturday, Sunday and NOTICE IS HEREBY given that the City Commission of the City of South Legal Holidays Miami, Florida will conduct Public Hearings during its regular City Com- Miami, Dade County, Florida. mission meeting Tuesday, December 21 .1999 beginning at 7:30 p.m., in STATE OF FLORIDA the City Commission Chambers, 6130 Sunset Drive, to consider the fol- COUNTY OF DADE: lowing described ordinance(s): ' Before the undersigned authority personally appeared AN ORDINANCE OF THE MAYOR AND CITY COMMISSION Sookie Williams,` who on oath says that She is the Vice OF THE CITY OF SOUTH MIAMI, FLOIRDA,' RELATING TO President of Legal Advertising of the Miami Daily Business THE ABANDONMENT OF RIGHT -OF -WAY, AMENDING OR- Review f /k/a Miami Review, a daily (except Saturday, Sunday DINANCE -NO. 33 -80 -1092 IN ORDER TO CORRECT AN ER- and Legal Holidays) newspaper, published at Miami in Dade RONEOUS REFERENCE TO TRACT 111 AND TRACT. 1`14 TO County, Florida; that the attached copy of advertisement, READ TRACT 11 AND TRACT 14 OF THE REVISED PLAT OF being a Legal Advertisement of Notice in the matter of A PORTION OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS, AS RECORDED IN PLAT BOOK 43 PAGE 37 OF CITY OF SOUTH MIAMI THE PUBLIC RECORDS OF` MIAMI -DADE FLORIDA; PROVID- PUBLIC HEARING 12/21/99 ING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND ORDINANCE AMENDING AN EFFECTIVE DATE. (1stReading- December 7, 1999) ORDINANCE NO. 33 -80 -1092 ETC. i ' should be De art- Inquiries conceming,th s Items 9 P ment`at: 663 -6326. In the ...........XXXXX...................... Court, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION was published In said newspaper in the Issues of OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO Dec 10, 1999 ELECTION CAMPAIGN FINANCING; CREATING A NEW PAR- AGRAPH SA -1(P) OF THE CITY CODE OF ORDINANCES, EN- TITLED "PROHIBITED CAMPAIGN' CONTRIBUTIONS BY VENDORS'; PROHIBITING CONTRIBUTIONS BY VENDORS AND OTHER PERSONS ON BEHALF OF VENDORS TO CAN- Affiant further says that the said Miami Daily Business ' DIDATES FOR MAYOR OR COMMISSIONER` OF THE CITY Review is a newspaper published at Miami in said Dade - OF SOUTH MIAMI; PROHIBITING CANDIDATES FROM SO- County, Florida, and that the said newspaper has heretofore LICITING OR ACCEPTING CONTRIBUTIONS' BY VENDORS been continuously published in said Dade County,; Florida, OR OTHER PERSONS ON BEHALF OF VENDORS; PROVID each day (except Saturday, Sunday and Legal Holidays) and ING DEFINITIONS, FINES AND FORFEITURE OR PROHIBIT= has been entered as second class mail matter at the post ED CONTRIBUTIONS TO THE CITY'S GENERAL FUND; PRO- office In Miami In aid Dade County, Florida, for a period ot` VIDING FOR RENUMBERING; SEVERABILITY, ORDINANC- one ye t preceding the first publication of the attached ES IN CONFLICT AND AN EFFECTIVE DATE. (1st Reading - copy adv isement; and affiant? further says that she has November 16, 1999) nest r pat nor promised' any person, firm or corporation any Iscou t, rebate, commission or refund for the purpose Inquiries concerning this item should be directed to the City Manager's of s ud this adv Isement for publication in the said Office at: 663 -6338. no a r. • Said ordinances can be inspected in the City Clerk's Office, Monday - Friday during regular office hours. ALL interested parties are invitea to attend and will be heard. � Sworn to and subscribed before me this 0 December 99 Ronetta Taylor, CMC A.D. t9...... City Clerk City of South Miami Pursuant to Florida Statutes 286. 0105, the City hereby advises the pub- (SEAL) lic that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meet- ing or hearing, he or she will need a record of the proceedings, and that ar,,i4 „n 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 based. I ` 12/10 99- 3- 121057/4159M %i o: Eons l' rya z •,riters CITY OF SOUTH MIAMI OINTER-OFFICE MEMORANDUM To Mayor and City Comm'n Date: November 11, 1999 Charles Scurr, City Manager` Ronetta Taylor, City Clerk Ir - From: Earl G. Gallop Re: Proposed Ordinance — Prohibited Campaign Contributions By Vendors Subject: The proposed ordinance prohibits campaign contributions by vendors of the City of South Miami, directly or indirectly, to candidates for elective office, prohibits candidates from receiving contributions from vendors, directly and indirectly, provides penalties for each person who violates the prohibition, disqualification of persons who make campaign contributions to successful` candidates from being <a vendor for a period of 6 months following election, and forfeiture of illegal contributions to the city's general revenue fund. Discussion: The experience of the mayor and city commissioners has shown that in the City of South Miami, a municipality with a relatively small population, vendors of the city who can marshal substantial amounts of campaign contributions to selected candidates can have a significant effect on the outcome of municipal elections. The mayor and commissioners, have been concerned for some time that such ability to marshal money for choserrcandidates can create an environment in which the candidate is expected to give the vendor political favors, in the nature of approval of contracts, or creates the appearance of impropriety and public corruption. The purpose of the ordinance is to reduce the potential influence of vendors on elections and on the subsequent awarding of contracts. The mayor and city commission recognizes that any regulation of campaign financing affects first amendment rights of electors. The city has the power to adopt an ordinance that is narrowly tailored to achieve a compelling governmental interest. The proposed ordinance is directed only to vendors, to persons who act on behalf of vendors, and to candidates, to prohibit them from giving, soliciting, and accepting contributions from vendors. Mayor and City Comm'n November 11, 1999 Page 2 Administration: The proposed ordinance will be an amendment to the existing conflict of interest and code of ethics ordinance. Violations may be investigated and prosecuted by the city manager and city attorney, the city commission, or the Miami -Dade County Commission on Ethics and Public Trust. At the time an alleged violation occurs, this commission can determine the appropriate body to investigate and prosecute the matter. Since the proposed' ordinance imposes fines for violations, it is important for the city manager to develop a list of approved vendors, and for the city manager, and,' or, the city clerk to give written notice of the prohibitions to candidates and to vendors of the city. Recommendation: Approval of the proposed ordinance. Enclosures Proposed Ordinance Section 8 A -1. Conflict of Interest and Code of Ethics Ordinance Proposed Miami -Dade County' ordinance relating to campaign financing I f 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTION 5 CAMPAIGN FINANCING; CREATING A NEW PARAGRAPH 8A -1(p) 6 OF THE CITY CODE OF ORDINANCES, ENTITLED` "PROHIBITED 7 CAMPAIGN CONTRIBUTIONS BY VENDORS"; PROHIBITING 8 CONTRIBUTIONS BY VENDORS AND OTHER PERSONS ON 9 BEHALF OF VENDORS TO CANDIDATES FOR MAYOR OR 10 COMMISSIONER OF THE CITY OF SOUTH MIAMI; PROHIBITING 11 CANDIDATES FROM SOLICITING OR ACCEPTING 12 CONTRIBUTIONS BY VENDORS OR OTHER PERSONS ON BEHALF" 13 OF VENDORS PROVIDING DEFINITIONS, FINES AND 14 FORFEITURE OF PROHIBITED CONTRIBUTIONS TO THE CITY'S 15 GENERAL REVENUE FUND; PROVIDING FOR RENUMBERING; 16 SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE 17 DATE; 18 19 20 Whereas, the Mayor and City Commission of the City of South Miami recognize 21 that political speech and political association are fundamental rights protected by the First 22 Amendment of the United States Constitution; and 23 Whereas, the Mayor and City Commission of the City' of South Miami further 24 recognize that persons have an absolute right to support political ideas and that the right 25 . to support political candidates is subject to the qualified power to the City to adopt and 26 enforce requirements that are narrowly tailored to accomplish a legitimate, compelling 27 government interest; and 28 Whereas, Florida law limits individual campaign contributions to $500.00 per p 29 person for any candidate and the City has further limited campaign contributions to 30 $250.00 per person for any candidate for elective municipal office; and ff I Whereas, the Mayor and City Commission desire to protect the integrity of the 2 electoral process for candidates for elective municipal office in which candidates who 3 lack substantial personal or family wealth must depend on the financial contributions of 4 supporters to provide the funds necessary to conduct a successful campaign; and 5 Whereas, the making ' of campaign contributions by vendors of the City to 6 candidates for Mayor and Commissioner carriers a suggestion that the candidate, if 7 elected, might give quid pro quo favors to the vendors; and $ Whereas, the granting of quid pro quo favors to vendors is improper and corrupt, 9 and the mere appearance of granting such favors undermines the confidence of the public 10 in our municipal system of representative democracy; and 11 Whereas, the City has compelling governmental interests in maintaining public 12 confidence in its elected officials and in avoiding improper influence by vendors and 13 public corruption; and 14 Whereas, this ordinance prohibits vendors from making contributions, directly and 15 indirectly, to candidates for elective municipal office, prohibits candidates from accepting 16 contributions from vendors of the City, further prohibits the City from contracting with a 17 person for a period of six months following an election in which the person made a 18 contribution to a candidate, imposes a fine against any vendor and against any other 19 person who, on behalf of a vendor, makes a contribution in violation of this ordinance, 20 imposes a fine against any candidate who accepts a contribution in violation of this 2 Additions shown by underlining and deletions shown by mmrj I ordinance, and requires any illegal contribution to be forfeited to the City's general 2 revenue fund; and 3 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 5 Section 1. Section 2- 310(p) of the City of South Miami Code of Ordinances is 6 amended to create a new paragraph to read: 7 (o) Prohibited campaign contributions by vendors. 8 (1') No person who is a vendor to the City of South Miami shall give a 9 campaign contribution directly, or through a member of the person's 10 immediate family,: or through a political action committee, or through any 11 other person, to a candidate, or to the campaign committee of a candidate, 12 for the offices of Mayor or Commissioner. No candidate, or campaign 13 committee of a candidate for the offices of Mayor or Commissioner, shall 14 solicit or receive any campaign contribution from a person who is a vendor 15 to the City, or through a member of the person's immediate family, or 16 through a political action committee, or through any other person on behalf 17 of the person. This prohibition applies to natural persons and to persons 18 who hold a controlling financial interest in business entities. 19 (2) A fine of up to $500.00 shall be imposed on every person who violates this i 20 prohibition. Each act of soliciting, giving or receiving a contribution in 21 violation of this paragraph shall constitute a separate violation. All i 3 Additions shown by underlining and deletions shown by estl i contributions received h a candidate in violation f i I o this paragraph shall be y -, _ . 2 forfeited to the City's general revenue fund. 3 (3) A person who directly, or through a member of the person's immediate 4 family, or through a political action committee, or through any other person 5 makes a contribution to a candidate who is elected to the office of Mayor or 6 Commissioner shall be disqualified for a period of 6 months following the 7 swearing in of the elected official from transacting business with the City. 8 This prohibition on transacting business with the City may be waived only 9 in the manner provide in section 8A -1(c). 10 (3) As used in this paragraph, 1 l (a) A "vendor" is a person who transacts business with the City, or has 12 been approved by the City Commission to transact business with the 13 City, or is listed on the City Manager's approved vendor list. 14 (b) A "contribution" is: 15 (i) a gift, subscription, conveyance, deposit, loan, payment, or 16 distribution of money or anything of value, including 17 contributions in kind having an attributable monetary value. 18 (ii) A transfer of funds between political committees, between 19 committees of continuous existence, or between a political' 20 committee and a committee of continuous existence. I (iii) the payment, by any person other than a candidate or political 2 committee, of compensation for the personal services of 3 another person which are rendered to a candidate or political 4 committee without charge to the candidate or committee for 5 such services. 6 (iv) The transfer of funds by a campaign treasurer or - deputy 7 campaign treasurer between a primary depository and a 8 separate interest- bearing account or certificate of deposit, an d 9 the term includes any interest earned on such account or 10 certificate. 11 Section 2. Existing Section 2- 310(p) of the City of South Miami Code of 12 Ordinances shall be renumbered as Section 2- 310(q) and subsequent sections shall also 13 be renumbered. 14 Section 3. This ordinance shall be included in the Code of Ordinances. 15 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any 16 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 17 shall not affect the validity of the remaining portions of this ordinance. 18 Section 5. All ordinances or parts of ordinances in conflict with the provisions 19 of this ordinance are repealed. 20 Section 6. This ordinance shall take effect immediately upon approval. 5 Additions shown by underlining and deletions shown by,r� I PASSED AND ADOPTED December 7, 1999. 2 3 ATTEST: APPROVED: � 4 5 6 CITY CLERK MAYOR 7 1" Reading 8 2nd Reading — , 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM Mayor Robaina: 12 Vice Mayor Oliveros: 13 Commissioner Feliu: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner Russell: 16 6 Additions shown by underlining and deletions shown by amore . 1 I' ORDINANCE NO. 2 3 AN ` ORDINANCE OF THE MAYOR, AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO ETHICS, AMENDING CHAPTER 6 8A OF THE CODE OF ORDINANCES OF THE CITY OF 7 SOUTH MIAMI, ENTITLED "CODE OF ETHICS "; 8 PROVIDING STANDARDS, PROCEDURES ON 9 COMPLAINT OF VIOLATION AND PENALTIES; 10 REPEALING SECTIONS 8A -1, "DECLARATION OF 11 POLICY," 8A -2, ' "DEFINITIONS," 8A -4, "CONFLICT OF 12 INTEREST "; RENUMBERING 8A -4.1, "INFLUENCE OF 13 BOARD MEMBERS BY MAYOR AND COMMISSIONERS, 14 APPEARANCE BEFORE BOARDS," PROVIDING FOR 15 REPEAL, SEVERABILITY AND AN EFFECTIVE DATE. 16 17 WHEREAS, the Mayor and City Commission of the City of South Miami wish to 18 establish and to exercise primary authority for enforcing standards of ethical conduct and 19 behavior for City officials and personnel; and, 20 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 21 establish the City's own procedures and evidentiary standards for determining complaints of 22 ethical violations; and, 23 WHEREAS, the Mayor and City Commission of the City of South Miami intend that 24 the City's determinations on complaints of ethical violations shall be entitled to a 25 presumption of correctness by a reviewing court or by the Miami -Dade County Commission 26 on Etifics and Public Trust and the Florida Commission on Ethics, and its determinations will 27 not be disturbed unless a reviewing court or commission first determines that the 28 determination is not supported by substantial competent evidence or the conclusions of law 29 are incorrect as a matter of law; and, 30 WHEREAS, the adoption of a Conflict of Interest and Code of Ethics ordinance is 31 in the best interests of the City of South Miami. 32 Additions shown by underlining and deletions shown by ev.@;staitag. -1- 1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 3 4 Section 1. Chapter 8A of the Code of Ordinances of the City of South Miami is 5 amended to repeal section 8A -1, "Declaration of policy," section 8A -2, "Definitions" and 6 section 8A -4, "Conflict of interest. 7 Section 2. Chapter 8A of the City Code is amended to create section 8A- l through 8 section 8A -2 as follows: 9 10 Sec. 8A -1. Conflict of interest and code of ethics ordinance. 11 (a) Designation. This section shall be designated and known as the "City of South 12 Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be 13 applicable to all City personnel as defined below, and shall also constitute a 14 standard of ethical conduct and behavior for all autonomous personnel, quasi 15 judicial personnel, advisory personnel and departmental personnel The 16 provisions of the City of South Miami Conflict and Code of Ethics Ordinance 17 shall be applied in a cumulative manner. By way of example, and not as a 18 limitation, subsections (c) and (d) may be applied to the same contract or 19 - transaction. 20 (b) Definitions. For the purposes of this section the following definitions shall be 21 effective: 22 M The term "commission members" shall refer to the Mayor and the members 23 of the City Commission. 24 (2) The term "autonomous personnel shall refer to the members of 25 autonomous authorities, boards and agencies, such as the South Miami 26 Community Redevelopment Agency and the Health Facilities Authority: Additions shown by underlining and deletions shown by ovor-s"kig -2 1 (3) The term "quasi - judicial personnel" shall refer to the members of the 2 Planning Board, the Environmental Review and Preservation Board, the 3 Code Enforcement Board and such other individuals, boards and agencies 4 of the City as perform quasi - judicial functions. 5 ) The term " advisory personnel" shall refer to the members of those City 6 advisory boards and agencies whose sole or primary responsibility is to 7 recommend legislation or give advice to the City Commission. 8 (5) The term "departmental personnel" shall refer to the City Clerk the City 9 Manager, department heads, the City Attorney, and all assistants to the City 10 I� Clerk City Manager and City Attorney, , however titled. 11 f (6) The term "employees" shall refer to all other personnel employed by the 12 city. 13 ) The term "compensation" shall refer to ppy money, gift, favor, thing of 14 value or financial benefit conferred, or to be conferred, in return for 15 services rendered or to be rendered. 16 l ) The term "controlling financial interest" shall refer to ownership, directly 17 or indirectly, of 10% or more of the outstanding capital stock in any 18 �I corporation or a direct or indirect interest of 10% o or more in a firm, 19 partnership, or other business entity at the time of transacting business with 2 0 'h t e City. 21 ) The term "immediate family" shall refer to the spouse paients children 22 brothers and sisters of the person involved. 23 (10) The term "transact any business" shall refer to the purchase or sale by the 24 City of specific goods or services for consideration and to submitting' a 25 bid, a proposal in response to a RFP, a statement of qualifications in 26 response to a request by the City, or entering into contract negotiations for 27 the provision on any goods or services, whichever first occurs. Additions shown by underlining and deletions shown by ^,,or. -3- s.v I (c) Prohibition on transacting business with the City. No person included in the 2 terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter 3 into any contract or transact any business in which that person or a member of the 4 immediate family has a financial interest, direct or indirect with the City of South 5 Miami or any person or agency acting for the City of South Miami, and any such 6 contract, engagement a reement or business entered in violation of this g 7 subsection shall render the transaction voidable. Willful violation of this 8 subsection shall constitute malfeasance in office 'and shall effect forfeiture f � o 9 office or position. Nothing in this subsection shall prohibit or make illegal (1) the 10 payment of taxes, special assessments or fees for services provided by the City 11 government; (2) the purchase of bonds, anticipation notes or other securities that 12 may be issued by the City throu h underwriters or directly from time to time. I 13 14 Waiver of prohibition. The requirements of this subsection may be waived for a 15 particular transaction only by four affirmative votes of the City Commission after 16 public hearing upon finding that: 17 M An open -to -all sealed competitive proposal has been submitted by a City 18 person as defined in paragraphs (b)(2), (3) and (4), or, 19 ) The proposal has been submitted by a person or firm offering services 20 within the scope of the practice of architecture, professional engineering, 21 or registered land surveying, as defined by the laws of the State of Florida 22 and pursuant to the provisions of the Consultants' Competitive Negotiation 23 Act, and when the proposal has been submitted by a City person defined 24 in paragraphs (b)(2), (3} and (4), or, 25 (3) The property or services to be involved in the proposed transaction are 26 unique and the City cannot avail itself of such property or services without Additions shown by underlining and deletions shown by -4- I entering a transaction which would violate this subsection but for waiver 2 of its requirements, and 3 4 That the proposed transaction it w_ l be in the best. interest of the � _ _ P P City I 4 5 This subsection shall bPP licable only to prospective transactions, and the City 6 Commission may in no case ratify a transaction entered in violation of this subsection. 7 8 Provisions cumulative. This subsection shall be taken to be cumulative and shall not 9 be construed to amend or repeal any other law pertaining to the same subject matter. 10 11 (d) Further prohibition on transacting business with the City. No person included 12 in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall 13 enter into any contract or transact any business through a firm, corporation, 14 partnership or business entity in which that person or any member of the 15 immediate family has a controlling financial interest, direct or indirect, with the 16 City or any person' or agency acting for the City, and any such contract, 17 agreement or business engagement entered in violation of this subsection shall 18 render the transaction voidable. The remaining provisions of subsection (c) will 19 also be applicable to this subsection as though incorporated by recitation. 20 21 Additionally, no person included in the term defined in paragraph` (b)(1) shall 22' vote on or participate in any way in any matter presented to the City Commission 23 if that person has any of the following relationships with any of the persons or 24 entities which would' be or might be directly or indirectly` affected by any action 25 of the City Commission: (i) officer, director, partner, of counsel, consultant, 26 employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or 27 creditor, if in any instance the transaction or matter would affect the person Additions shown by underlining and deletions shown by -5- I defined in paragraph (b)(1) in a manner distinct from the manner in which it 2 would affect the public generally. Any person included in the term defined in 3 paragraph (b)(1) who has any of the specified relationships or who would or 4 might, directly or indirectly, realize a profit by the action of the City Commission 5 shall not vote on or participate in any way in the matter. 6 7 Gifts. 8 M Definition. The term "gift" shall refer to the transfer of anythipg of 9 economic value, whether in the form of money, service, loan, travel, 10 entertainment, hospitality, item or promise, or in any other form, without 11 adequate and lawful consideration. 12 Exceptions. The provisions of paragraph (e)(1) shall not apply to: 13 (i) Political contributions specifically authorized by State law; 14 (ii) Gifts from relatives or members of one's household, unless the person 15 is a conduit on behalf of a third party to the delivery of a gift that is 16 prohibited under paragraph (3); 17 (iii) Awards for professional or civic achievement; 18 (iv); Material such as books, reports, periodicals or pamphlets which are 19 solely informational or of an advertising nature. 20 ) Prohibitions. A person described in paragraphs (b)(1) through (6) shall 21 _ neither solicit nor demand any gift. It is also unlawful for'any person or 22 entity to offer, give or agree to give to any person included in the terms 23 defined in paragraphs (b)(1) through (6), or for any person included in the 24 terms defined in paragraphs (b)(1) through (6) to accept or agree to accept 25 from another person or entity, ' any gift for or because of. 26 (i) An official public action taken, or to be taken, or which could be 27 taken, or an omission or failure to take a public action; Additions shown by underlining and deletions shown by esti. i -6- r I (ii) A legal duty performed or to be performed, or which could be 2 performed, or an omission or failure to perform a legal duty; 3 (iii) A legal duty violated or to be violated, or which could be violated by 4 any person included in the term defined in paragraph (b)(1); or, 5 (iv) Attendance or absence from a public meeting at which official action 6 is to be taken. 7 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) 8 through (6) shall disclose any gift, or series of gifts from any one person or 9 entity, having a value in excess of $25.00. The disclosure shall be made by 10 filing a copy of the disclosure . form required by chapter 112, Florida 11 Statutes, for "local' officers" with the City Clerk simultaneously with the 12 filing of the form with the Clerk of Miami -Dade County and with the 13 Florida Secretary of State. 14 15 (f) Compulsory disclosure by employees of firms doing business with the City. 16 Should any person included in the terms defined in paragraphs (b)(1) through (6)' 17 be employed by a corporation, firm, partnership or business entity in which that 18 person or the immediate family does not have a controlling financial interest, and 19 should the corporation, firm, partnership or business entity:, have substantial 20 C business commitments to or from the City or any City agency, or be subject to 21 direct regulation by the City or a City agency, then the person shall file a sworn h 22 statement disclosing such employment and interest with the Clerk of the City of 23 South Miami. I 24 25 (g) Exploitation of official position prohibited. No person included in the terms 26 defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an Additions shown by underlining and deletions shown by e;,@rsWl4g -7- 1 official position to secure, special privileges or exemptions for that person or 2 others. 3 4 (h) Prohibition on use of confidential information No person included in the terms 5 defined in paragraphs b 1 through 6 shall accept employment or engage in 6 any business or professional activity which one might reasonably expect would 7 require or induce one to disclose confidential information acquired by reason of 8 an official position, 'nor shall that person in fact ever disclose confidential 9 information garnered or gained through an official position with the City, nor 10 shall that person ever use such information, directly or indirectly, for personal 11 gain or benefit. I12 13 ) Conflicting employment prohibited No person included in the terms defined in 14 paragraphs (b)(1) through (6) shall accept other employment which would impair 1115 independence of judgment in the performance of any public duties. 116 17 Prohibition on outside employment 18 M No person included in the terms defined in paragraphs (b)(6) shall receive 19 any. compensation for services as an officer or employee of the City from 20 any source other than the City, except as may be permitted as follows: 21 _ Generally prohibited No full- time'City employee shaWaccept outside 22 employment, either incidental, occasional or otherwise, where City 23 time, equipment or material is to be used or where such employment 24 or any part thereof is to be performed on City time. 25 ii When permitted. A full -time City employee may accept incidental or 26 occasional outside employment so long as such employment is not 27 contrary, detrimental or adverse to the interest of the City or any of Additions shown by underlining and deletions shown by ov6r- =g. -8- I its departments and the approval required in subparagraph (iii) is 2 obtained. 3 iii Approval of department head required Any outside employment by 4 any full -time City employee must first be approved in writing by the 5 employee's department head who shall maintain a complete record of 6 such employment. 7 iv Penalty. Any ,person convicted of violating any provision of this 8 subsection shall' be punished as provided in Section 1 -11 of the Code 9 of Miami-Dade County and, in addition shall be subject to dismissal 10 by the appointing authority. The City may also assess against a 11 violator a fine not to exceed $500.00 and the costs of investigation 12 incurred by the City. 13 ) All full -time City employees engaged in any outside employment for any 14 person, firm, corporation or entity other than the City of South Miami, or 15 any of its agencies or instrumentalities, shall file, under oath, an annual 16 report indicating the source of the outside employment, the nature of the 17 work being done and any amount of money or other consideration received 18 by the employee from the outside employment. City employee reports shall 19 be filed with the City Clerk. The reports shall be available at a reasonable 20 time and place for inspection by the public. The City Manager may require 21 monthly reports from individual employees or groups of employees for 22 good cause. 23 24 (k) Prohibited investments. No person included in the terms defined in paragraphs 25 (b)(1) through (6) or a member of the immediate family shall have personal 26 investments in any enterprise which will create a substantial conflict between 27 private interests and the public interest. Additions shown by underlining and deletions shown by e* kk; -9- III 1 2 (1) Certain appearances and payment prohibited 3 ) No person included in the terms defined in paragraphs (b)(1), (5) and (6)" 4 shall appear before any City board or agency and make a presentation on 5 behalf of a third person with respect to any matter, license, contract, 6 certificate, ruling, decision, opinion, rate schedule, franchise, or other 7 benefit sought by the third person. Nor shall the person receive any 8 compensation or gift, directly or indirectly, for services rendered to a third 9 person, who has applied for or is seeking some benefit from the City or a 10 . City agency, in connection` with the particular benefit sought by the third 11 person. Nor shall the person appear in any court or before any 12 administrative tribunal as counsel or legal advisor to a party who seeks legal 13 relief from the City or a City agency through the suit in question. 14 (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) 15 shall appear before the City Commission or agency on which the person 16 serves, either directly or through an associate, and make a presentation on 17 behalf of a third person with, respect to any matter, license, contract, 18 certifi cate, ruling, decision, opinion, rate schedule, franchise, or other 19 benefit sought by the third person. Nor shall such person receive any 20 compensation or gift, directly or in! directly, for services rendered to a third 21 party who has applied for or is seeking some benefit from the City 22 Commission or agency on which the person serves in connection with the 23 particular benefit sought bythe third party. Nor shall the person appear in 24 any court or before any administrative tribunal as counsel or legal advisor 25 to a third party who seeks legal relief from the City Commission or agency 26 on which such person serves through the suit in question. 27 Additions shown by underlining and deletions shown by 10 1 (m) Actions prohibited when financial interests involved No person included in the 2 terms defined in paragraphs (b)('1) through (6) shall participate in any official 3 action directly or indirectly affecting a business in which that person or any 4 member of the immediate family has a financial interest. A financial interest is 5 defined in this subsection to include, but not be limited to, any direct or indirect 6 interest in any investment, equity, or debt. 7 . 8 ) Acquiring financial interests. No person included in the terms defined in 9 paragraphs (b)(1) through (6) shall acquire a financial interest in a project, 10 business entity or property at a time when the person believes or has reason to 11 believe that the financial interest may be directly affected by official actions or 12 by official actions by the City or City agency of which the person is an official,: 13 officer or employee. 14 15 (o) Recommending professional services. No person included in the terms defined 16 in paragraphs (b)(1) through (4) may recommend the services of any lawyer or 17 law firm, architect or architectural firm, public relations firm, or any other person 18 or firm, professional or otherwise, to assist in any transaction involving the City 19 or any of its agencies, provided that a recommendation may properly be made 20 when required to be made` by the duties of office and in advance at a public I 21 meeting attended by other City officials, officers or employees. 22 23 (p) Continuing application after City service. 24 (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) 25 shall, for a period of two years after his or her City service or employment has 26 ceased, lobby any city official as defined in paragraphs (b)(1) through (6)j 27 in connection with any .judicial or other proceeding, application, RFP, RFQ, Additions shown by underlining and deletions shown by e. -11- I bid, request for ruling or other determination, contract, claim, controversy, 2 charge, accusation, arrest or other particular subject matter in which the City 3 of South Miami or one of its agencies is a party or has any interest whatever, 4 whether direct or indirect. Nothing contained in this subsection shall prohibit 5 any individual from submitting a routine administrative request or application 6 to a City department or agency during the two -year period after his or her 7 service has ceased. 8 j (2) The provisions of the subsection shall not apply to persons who become 9 a employed by governmental entities, 501(c)(3) non - profit entities or 10 educational institutions, or entities,, and who lobby on behalf of those entities 11 in their official capacities. 12 (3) The provisions of this subsection shall apply to all persons described in 13 paragraph (p)(1) whose City service or employment ceased after the effective j 14 date of this, ordinance. 15 (4) No person described in ara rah 1 whose City service or employment 16 ceased within two years prior to the effective date of this ordinance shall for 17 a period of two years after his or her service ` or employment enter into -a 18 lobbying contract to lobby any city official in connection with any subject 19 described in paragraph (p)(1) in which the City or one of its agencies is a 20 party ,or has any direct and! substantial interest; and in which he or she 21 participated directly or indirectly through decision, approval, disapproval, 22 recommendation, the rendering of advice, investigation, or otherwise, during 23 his or her City service or employment. A person participated "directly' 24 where he or she was substantially involved in the particular subject matter 25 through decision, approval, disapproval, recommendation, the rendering of 26 advice, investigation, or otherwise, during his or her City service or 27 employment. A person participated "indirectly" where he or she knowingly Additions shown by underlining and deletions shown by ove.;;° °Fins". J -12- I participated in any way in the particular subject matter through decision, 2 approval, disapproval, recommendation, the rendering of advice, 3 investigation, or otherwise, during his or her City service or employment. All 4 persons covered by this paragraph shall execute an affidavit on a form 5 approved by the City Attorney prior to lobbying any City official attesting 6 that the requirements of this subsection do not preclude the person from 7 lobbying City officials. 8 (5) Any person who violates this subsection shall be subject to the penalties 9 provided in Sec. 8A-2(p) 10 11 (q) City Attorney to render opinions on request. Whenever any person included in 12 the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in 13 doubt as to the proper interpretation or application of this Conflict of Interest and 14 Code of Ethics Ordinance, or whenever any person who renders services to the 15 City is in doubt as to the applicability of the ordinance that person, may submit 16 to the City Attorney a full written statement of the facts and questions The City 17 Attorney shall then render an opinion to such person and shall publish these 18 opinions without use of the name of the person advised unless the person permits 19 the use of a name. 20 ir 22 mean a .0 23 , 24 or t;,IdQr Inhh ^ i nr nancillin3at .,,,a - +1,- r:,.. 26 n ran"ding a p@vfigulur Pn nFQ Wd h- , _ t, _ w l_ 27 I�fr M and HA 1 amha At tha 1txz'(1 OF• CCTGi� i Additions shown by underlining and deletions shown by - -13- 1 2 3 01 to any i.ft, jg�z lagAZ5 t4j @j8f;g:n ar nr,cr 4 8 -all Subjeet fho 5 , 6 7 QIQ:6 @_ , in fho Cfnfo A ffn, ,Qu or 3= au �GLo a gan3r,ln.;r,f ,.;fl fho Gg=m;c.n;w, 8 a ]Rj:h;.,Q .*3d 1233W 9 10 Sec. 8A -2. Procedure on complaint of violation. l 12 (a) Legally sufficient complaint. An investigation of an alleged violation by an y 13 person included in the terms defined in subparagraphs (b)(2) through (6) and j14 subparagraph (b)(9), except the City Manager, City Clerk, City Attorney and 15 ` their immediate family, shall be initiated upon receipt by the City Manager of a 16 written complaint which alleges the elements; of a violation, is based substantially 17 upon the personal knowledge of the complainant and signed under oath or 18 affirmation by the complaining person, and is legally sufficient to state a possible 19 violation of this chapter. Within 5 days after receipt, the City Manager shall send 20 a copy of a complaint to the alleged violator. The City Attorney shall make the 21 determination of legal sufficiency within 20 days. If the complaint is determined 22 to be legally insufficient the City Attorney shall state the reasons for the findin 23 in writing and report the determination to the complainant, the alleged violator, 24 or respondent, and the he City Commission. { 25 (b) Complaints against Mayor, Commission Member or appointed city official. -A 26 complaint against the Mayor, a commission member, City Manager, City Clerk, 27 City Attorney and their immediate family may be referred to the Commission on Additions shown by underlining and deletions shown by ^,,,,o ,. e -.g. -15- Ethics thics and Public Trust or may be addressed as provided in this section with Y p 2 appropriate provision made by the City Commission for the fair and effective 3 investigation and determination of issues. 4 (c) Probable cause determination. A_preliminary investigation of a legally sufficient 5 complaint shall be undertaken by the City Attorney to determine whether there 6 is probable cause to believe that a violation has occurred. If, upon completion of 7 the preliminary investigation, the City Attorney finds no probable cause- to 8 believe that a violation has been committed, the City Attorney shall dismiss the 9 complaint with the issuance of a report to the complainant, the respondent and the 10 City Commission. If the City Attorney finds from the preliminary investigation 11 probable cause to believe that a violation has been committed, he or she shall 12 notify, via certified mail, the complainant and the respondent in writing. 13 (d) Investigations. Investigations shall be conducted by the City Attorney, with 14 assistance from a department head or other department personnel if requested of 15 the City Manager by the City Attorney. Investigations shall be limited to the 16 allegations of !,the complaint, but shall include an investigation of all facts and 17 persons materially related to the complaint at issue. 18 (e) Public Records. The, complaint, all proceedings and other records relating to the 19 preliminary investigation shall be public records under the provisions of chapter 20 119, Florida Statutes, unless otherwise s p ecificaft Y exempt t cha ter 119. P 21 (f) Subpoenas. The City Attorney shall bel empowered to make application to any 22 circuit court of this State which shall have jurisdiction to order witnesses to 23 appear and to' produce evidence, or to give testimony touching on any issue in 24 question at any stage of the proceeding on a complaint. Any person who fails to 25 obey the order may be punished in a court of law. 26 (g) Final hearing on complaint. The City Attorney may schedule a final public 27 hearing on a complaint before the City Manager. Adequate notice shall be given Additions shown by underlining and deletions shown by ^•.o;. i i1 -16- 1 to the complainant and the respondent. Adequate notice shall be presumed to be 2 10 -days advanced notice of hearing. The complainant shall present the case first. 3 Respondent may then present its defense. 4 (1) The complainant and respondent shall have the rights to present evidence 5 relevant to the complaint, to cross- examine and impeach witnesses and to 6 present rebuttal evidence. The City, through the City Attorney, or his or 7 her designee, may present additional evidence, cross- examine and 8 impeach witnesses and present rebuttal evidence. 9 (2) Final hearings shall not be conducted according to technical rules relating 10 to evidence and witnesses. Any relevant evidence may be admitted. 11 Hearsay evidence may be used to supplement or explain other evidence, 12 but shall not be sufficient in itself to support a finding. The rules of 13 privilege shall be effective to the same extent that they are now or may be 14 recognized in civil actions. Irrelevant and unduly repetitious evidence 15 shall be excluded: 16 (3) The provisions of this subsection relating to final hearing shall be 17 supplemental to the provisions of the Code of Miami -Dade County section 18 2 -1074, as amended, relating to motions, motions in opposition to 19 proceeding, prehearing conferences, exchange of witness lists, procedures 20 for public hearings, evidence, and transcript of proceedings. 21 (h) Upon completion of any investigation and final hearing, the City Attorney shall 22 make proposed recommended findings of facts and conclusions of law, and City 23 Manager shall enter an order determining whether any provision of this chapter 24 has been violated and, in the case a violation is found, impose a penalty, as 25 provided in the ordinance or statute being enforced, costs and take appropriate 26 personnel action.. The burden of proof shall be on the complainant, or the City, 27 to prove a violation by clear and convincing evidence in the record. The City Additions shown by underlining and deletions shown by ^..or -17- I Manager shall, within 60 days of the filing of a complaint, render a final order 2 disposing of the complaint. If a person fails to comply with an order issued by the 3 City Manager, the City Manager may make application to the Miami -Dade 4 Commission on Ethics and Public Trust which shall have jurisdiction over the 5 complaint, or to another agency which may have jurisdiction over the complaint. 6 7 (i) Attorney's fees. In any case in which the City Attorney finds no probable 8 cause to believe that a violation has been committed or determines that the 9 complaining parry filed a frivolous or groundless complaint, the City Attorney 10 may recommend to the City Manager, and the City Manager may order the 11 complaining party to pay any costs and attorney's fees incurred by the 'City. 12 13 Prospective jurisdiction. Any alleged violation committed before the effective 14 date of this ordinance- shall be governed by the applicable City of South , 15 Miami, Miami -Dade County and State of Florida Code of Ethics Ordinances, 16 Conflict of Interest Ordinances or Lobbyist Registration and Reporting 17 Ordinances in effect at the time of the alleged violations. 18 19 (k) Personnel proceeding. Where an employee of the City of South Miami is 20 alleged to have violated a law within the purview of this ordinance, and based 21 upon the same set of facts, is sub'ect'to an ongoing disciplinary action 22 initiated by the City, the City Attorney and City Manager ` shall stay 23 consideration of a complaint until the conclusion of the personnel proceeding. 24 25 (1) Statute of limitations. No action may be taken on a complaint filed more than 26 one year after the violation is alleged to have accrued 27 Additions shown by underlining and deletions shown by ovamwlki g. -18- I (m) Termination of proceeding. A proceeding on a complaint shall terminate in , 2 the event the respondent dies in office, leaves office for any reason or is 3 permanently separated from employment with the City, or enters' into a 4 settlement agreement with the City Manager. 5 (n) Appeal and judicial review. An aggrieved respondent may appeal an adverse 6 finding of a violation to the City Commission. Review by the " City 7 Commission shall be on the record and limited to determining whether the 1') 8 respondent was afforded procedural due process; 2) findings of fact are 9 supported by substantial competent evidence and 3) conclusions are correct 10 as a matter of law. An; aggrieved respondent must first exhaust its right to an 11 appeal to the City Commission before seeking review by the circuit court for 12 Miami -Dade County. Review by the circuit court shall be pursuant to the 13 ' Florida Rules of Appehate Procedure. 14 15 (o) Proceedings by the Miami -Dade Commission on Ethics and the Florida 16 Commission on Ethics. To the maximum extent allowed by law, the Miami - 17 Dade Commission on Ethics and the Florida Commission on Ethics shall 18 abate proceedings on any complaint, which is filed by the same complainant 19 against the same respondent, and involving substantially identical facts, until 20 the City completes its proceedings on the complaint. The City shall promptly 21 notify the Miami -Dade Commission on Ethics and the Florida Commission 22 on Ethics when it learns that a substantially identical compliant has been filed 23 with either of those agencies and request that their proceedings be abated until 24 the conclusion of the City's proceedings. The City's findings of facts, 25 conclusions of law, final determination and imposition of a penalty shall be 26 accorded a presumption of correctness by those agencies. 27 Additions shown by underlining and deletions shown by @;,e.;gWkka -19- I (p) Penalties and personnel action. The City Manager may assess a fine, not to 2 exceed $250 for the first offense, and $500 for any subsequent offense of this 3 chapter, and costs of investigation. The City Manager may take personnel 4 ''action and may enter into stipulations and settlements as are just and in the 5 best interest of the citizens of South Miami. 6 Section 3. Chapter 8A of the City Code is amended to renumber section 8A -4.1, 7 "Influence of board members by mayor and commissioners, appearance before boards," to 8 section 8A -4. 9 Section 4. Repeal. All ordinances or parts of ordinances in conflict or inconsistent 10 are repealed. 11 Section 5. Severability. If any word, clause, phrase, sentence, paragraph or section 12 of this ordinance is held to be invalid by a court of competent jurisdiction, such declaration 13 of invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section 14 of this ordinance. 15 Section 6. Effective Date. This ordinance shall be effective upon passage by the 16 City Commission on second reading. 17 PASSED AND ADOPTED BY vote of the City Commission on first 18 reading this day of February, 1999. 19 PASSED AND ADOPTED BY vote of the City Commission on second 20 reading this day of March, 1999. 21 ATTEST: APPROVED 22 23 CITY CLERK MAYOR 24 25 READ AND APPROVED AS TO FORM:, 26 27 CITY ATTORNEY Additions shown by underlining and deletions shown by estaig. -20- lt,:lV, as wInL IZ:31 rAI JU53755634 DUDE CTY WY 0002 Approved Mgyor Agenda Item No. 13 (G) Veto 10-5-99 Override ORDINANCE NO. ORDINANCE RELATING TO CAMPAIGN FINANCING; PROHIBITING CERTAIN CAMPAIGN CONTRIBUTIONS AND EXPENDITURES BY ATTORNEYS AND INDIVIDUALS EMPLOYED BY BOND COUNSEL • ` FIRMS AND DISCLOSURE COUNSEL FIRMS AND BY SHAREHOLDERS WITH CONTROLLING FINANCIAL INTERESTS, OFFICERS, DIRECTORS AND GENEM PARTNERS OF FIRMS WHICH HAVE CONTRACTS WITH COUNTY;: PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE WHEREAS, Florida law limits individual campaign contributions to $500.00 per person per candidate but does not limit the candidates to whom a campaign contribution may be made; and WHEREAS, the Miami -Dade County Board of County Commissioners (the "Boar:]" )'is empowered to regulate campaign contributions to and expenditures on behalf of, candidates for the Miami -Dade Board of County Commissioners and Community Councils; and WHEREAS, Miami -Dade County (the "County ") and its related agencies issue millions of bonds annually; and WHEREAS, the County employs and from time-to•time, seeks proposals from, law firms with (i) nationally recognized bond counsel expertise to render the necessary legal opinions which qualify the County's obligations as tax- exempt thereby saving the County millions of dollars in interest costs and (ii) experience with Security and Exchange Commission rules and regulations regarding disclosure which enables the law firms to act as disclosure counsel to the County,; and C wporda7i.ilLdnc ii, lug rsd OLD lz:s[ t:Aa JU43755634 DARE CTT ArTY 0003 Agenda item No. 13 (G) Page 2 WHEREAS, concern has been expressed in the municipal bond market that campaign contributions to state and local government officials may improperly influence the selection of public finance professionals; and WHEREAS, the Board is also concerned with the appearance of impropriety regarding undue influence by law firms to the detriment of the public interest when selecting bond counsel Or disclosure counsel firms since the selection is highly contested due to the substantial fees to be earned and the prestige associated with such a designation; and WHEREAS, the County must enter into contracts each year for millions of dollars with the private sector in order to provide services to its citizens; and WHEREAS, many firms contract with the County regularly with respect to all types of goods and services after being selected as a result of a bidding, qualification or proposal process conducted by the County; and WHEREAS, the County contract selection process is highly competitive with 'many firms lobbying County Commissioners in an attempt to obtain a County contract; and WHEREAS, the Board is concerned with the appearance of, and potential for, undue and unfair influ,ince'on the members of the Board by firms competing for County contracts which' may taint the selection process; and WHEREAS, this Board previously - prohibited campaign contribution by business entities, which.includes law firms, in order to address this concern; and WHEREAS, the Board is also concerned with the appearance of and potential for, undue and unfair influence on the members of the Community Councils by individuals who appear before the Community Councils; and C: rp crdj -%4P 9.doc _. .....a wait ��v J� JJtiLL.. 1.11 tilal 1.004 Agenda Item No, 13 ( G ) Pace 3 WHEREAS, the provisions of this ordinance will further prevent the appearance of impropriety and any improper influence in the selection of (1) bond counsel and disclosure counsel by prohibiting certain campaign contributions or expenditures by attorneys and individuals who are employed or affiliated with bond counsel or disclosure counsel firms, and (ii) firms which contract with the County by prohibiting certain campaign contributions by shareholders with Controlling Financial Interests, officers, directors or general partners of such firms in order to eliminate the appearance of, and potential for, undue and unfair influence on the Board or the members of the Community Councils by individuals who appear before the Community Councils. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI•DAD.E COUNTY, FLORIDA; 5ect� Definitions. The following terms, as used in this Ordinance, shall mean. a. "Contribution" shall have the meaning 'ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. b "Controlling Financial Interest(s)" shall mean the ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a Firma C. "Expenditure" shall have the meatung ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. d. "Firm(s) "shall mean a corporation, partnership, business trust or any legal entity other than a natural person, . Section ?. Limitations regarding bond counsel Firms and disclosure counsel Firms. It is unlawful for any attorney or employee of a bond counsel Firm or disclosure counsel C: v p o d3'.a!l PAW lc:dc k:U JU537554334 LADE CTY ATTI �100:i �( r 4 f l ( Agenda Item No. 13 (G ) Page 4 Firth employed by the Co to a campaign Contribution or Expenditure, either directly, indirectly or thr gh a political ommittee, in onnection with the campaign of any candidate for „ ~� the Board other tha er(s) for whom the attorney or the employee is legally entitled to vote. Furthermore, it shall be unlawful for any candidate, political committee, or other person to knowingly accept or receive any campaign Contribution or Expenditure prohibited by this section. Law Firms shall be prohibited from responding to any request for proposal for bond counsel or disclosure counsel in the event ; any of its attorneys or employees, either directly, indirectly or through a political committee, made a campaign Contribution or Expenditure in connection with the campaign of any candidate for the Board other than the Board member(s) for whom the employee is legally entitled to vote within twenty -four (24) months of the date of the request for proposal. Section 3. Limitation regarding Firms with a County contract, It is unlawful for shareholders with Controlling Financial Interests, officers, directors or general partners of Firms which have a contract with the County to make a campaign Contribution or Expenditure, either directly, indirectly or through a political committee, in connection with the campaign of any candidate for the Board or Community Council other than the Board member(s) or Community Council member(s) for whom the shareholders with Controlling Financial Interests, officers, directors or general partners are legally entitled to vote. Furthermore, it shall be unlawful for any candidate, political committee, or other person to knowingly accept or receive any campaign Contribution or Expenditure prohibited by this section. Firms shall be prohibited from responding to any bid, request for proposal, or request for qualification in the event any of its shareholders with Controlling Financial Interests, officers, C: wpord! `A3! fl:doc .y ..ai ��.y� za uuuuu�vvi DAM, tAl !i11 Agenda Item loo. 13 (G) Page 5 directors or general partners, either directly, indirectly or through a political committee, made a campaign Contribution or Expenditure in connection with the campaign of any candidate for the Board or Community Council other than the Board members) or Community Council member(s) for whom the shareholders with Controlling Financial Interests, officers, directors or general partners are legally entitled to vote within twenty -four (24) months of the date of the date of the bid, request for proposal or request Nr qualifications. Section 4. Penalties. (a) In addition to any other penalties which may be applicable, any individual who violates this ordinance shall be subject to a fine up t* $5,601 ipr imprisonment not to exceed three hundred and sixty -four days, or both. (b) In the event an attorney or employee of !a bond counsel Firm or disclosure counsel Firm violates this ordinance, the bond counsel Firm or disclosure counsel Firm shall be prohibited from serving as bond counsel or disclosure counsel for the County for two (2) years from the time the violation is discovered. (c) In the event a shareholder with Controlling Financial Interests, officer, director orsgeneral partner of a Firm which has a contract with the County violates this ordinance, the Firm shall be prohibited from entering into a contract with the County for two (2) years from the time the violation is discovered Section 5. If any section, subsection, sentence, clause or provision of this ordinance is field invalid, the remainder of this ordinance shall not be affected by such invalidity.. Section 6. It is the intention of the Board of County Commissioners, and it , is ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may V, CIV -,zv 4�..00 r.-ii 4VO4tOOOJ4 DAVE 41il Q007 Agenda Item No. 13 (G Page 6 be renumbered or relertered to accomplish such intention, and the word "Ordinance,, may be changed to "section," "article," or other appropriate word. Section 7. 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. Secti2n 8. This ordinance does not contain a sunset provision. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: PA6 Prepared by: Sponsored by Commissioner Jimmy L. Moral�e7 i II CITY OF SOUTH MIAMI ' MIAMI DAILY BUSINESS REVIEW NOTICE OF PUBLIC HEARINGS. : Published Daily except Saturday, Sunday and NOTICE IS HEREBY given that the City Commission of the City of South Legal Holidays Miami, Florida will conduct Public Hearings during its regular City Com- Miami, Dade County, Florida. mission meeting Tuesday, December 211999 beginning at 7:30 p.m., in STATE OF FLORIDA the City Commission Chambers, 6130 Sunset Drive, to consider the fol- COUNTY OF DADEc towing described ordinance(s): ' Before the undersigned authority personally appeared AN ORDINANCE OF THE MAYOR AND CITY COMMISSION Sookle Williams, who on oath says that she Is the Vice OF THE CITY OF SOUTH MIAMI, FLOIRDA, RELATING TO President of Legal Advertising of the Miami Daily Business THE ABANDONMENT OF RIGHT -OF -WAY, AMENDING OR- Review f /kla Miami Review, a daily (except Saturday, Sunday DINANCE N0. 33 -80 -1092 IN ORDER TO CORRECT AN ER and Legal Holidays) newspaper, published at Miami in Dade RONEOUS REFERENCE TO TRACT 111 AND TRACT 114 TO County, Florida; that the attached copy of advertisement, READ TRACT 11 AND TRACT 14 OF THE REVISED PLAT OF being a Legal Advertisement of Notice in the matter of A PORTION OF THE AMENDED PLAT :OF PALM MIAMI j HEIGHTS, AS RECORDED IN PLAT BOOK 43, PAGE 37 OF CITY OF SOUTH MIAMI THE PUBLIC RECORDS OF MIAMI -DADE FLORIDA; PROVID- PUBLIC HEARING 122199 I ING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND ORDINANCE 'AMENDING - AN EFFECTIVE DATE. (1st Reading -December 7, 1999) ORDINANCE ` NO. 33-80-1092, ETC . Inquiries concerning this item should be directed to the Planning Depart- ment at: ,663-6326. In the ..........XXXXX . Court, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION was published in said newspaper in the Issues of OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO Dec 10, 1999 ELECTION CAMPAIGN FINANCING; CREATING A NEW PAR - AGRAPH 8A -1(P) OF THE CITY CODE OF ORDINANCES, EN- TITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS "; PROHIBITING CONTRIBUTIONS BY VENDORS AND OTHER PERSONS ON BEHALF OF VENDORS TO CAN- Aff)ant further says that the said Miami Dally Rosiness DIDATES -FOR MAYOR OR COMMISSIONER OF THE CITY OF SOUTH MIAMI; PROHIBITING CANDIDATES FROM SO- Review Is a newspaper published at Miami In said Dada County, Florida, and that the said newspaper has heretofore LICITING OR ACCEPTING CONTRIBUTIONS BY VENDORS been continuously published in said Dade County, Florida, OR OTHER PERSONS ON BEHALF OF VENDORS; PROVID- each day (except Saturday, Sunday and Legal Holidays) and ING DEFINITIONS;' FINES AND FORFEITURE OR PROHIBIT - has been entered as second class mail matter at the post ED CONTRIBUTIONS TO THE CITY'S GENERAL FUND; PRO- office In Miamian said Dade County, Florida, for aperiod of VIDING FOR RENUMBERING; SEVERABILITY, ORDINANC one ye ' t preceding the first publication of the attached ES IN CONFLICT AND AN EFFECTIVE DATE. (1st Reading - copy ac isement; and afflantfurther says that she has;, November 16, 1999) nett r pal nor promised any person, firm or corporation any iscou t, rebate, commission or refund for the purpose inquiries concerning this item should be directed to the City Manager's of s curl this adv isement for publication In the said Office at: 663 -6338. no a r. • { • Said ordinances can be inspected in the City Clerk's Office, Monday - 1 Q Friday during regular office hours: ALL interested parties are invitea to attend and will be heard. Swom to and subscribed before me this 0 December 99 Ronetta Taylor, CMC of ...... A. Du. 19....., City Clerk City of South Miami ..... .... • • • • Pursuant to Florida Statutes 286.0105, the City hereby advises the pub - (SEAL) lic tha4 if a person decides to appeal any decision made by this Board, Sookle Williams personally known to me. Agency or Commission with respect to any matter considered at its meet- p y ing or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim z i+ n;i l s -- record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to based. O BE 640 12110 99- 3- 121057/4159M Eand_o i a jrirars =e u.- .+�'w: w.ryas.•� -x ,u+�ea,,._....,e...s:a �sce - // 0 i The City of South Miami State of the City Address Honorable Julio Robain'a, Mayor Jan nary 111h 1 2000 Good evening, Vice Mayor, Commissioners elected officials, residents of South Miami and other honored guests. It is an honor for me to present the first State of the City Address of the new millennium. I Let me start by thanking some of those people who made tonight possible. I would like to �I especially recognize the wonderful efforts of South Miami Hospital and Wayne Brackin for once again sponsoring this event. The State_ of the City, in only it's second year, is becoming a very positive focal point for bringing all parts of our community together in recognition of this wonderful City where we live and work. I would also like to thank Ivette Diaz and the Host I Committee that included Wayne, Grant and Michael Miller, Curtis Sibley, Donna Masson, Reverend Bill Green, Lydia White, Lydia Gilmore and xxx. All of the proceeds from tonight's event will go to the Alliance for Youth, Abilities of Florida and South Miami Hospital Children's Charities. Ladies and Gentlemen, it is with great honor that I report to you on the State of the City. The State of our City is sound. In fact, not only is the State of our City sound, we enter the new millennium stronger than ever before, with incredible momentum and with a tremendously positive forecast for the future. I i This past year has been filled with challenges and opportunities. It has been a year of promises kept and expectations exceeded. It has been a year of excellence, achievement, integrity, unity and inclusion. It has been a year of financial stability and positive balanced growth. It has been a year when our shared vision is becoming reality. We begin the new millennium financially secure and with a` growing and balanced tax base. The services provided by the City of South Miami are the finest in Miami -Dade County. The professionalism, quality, integrity and commitment of our City employees is second to none. These accomplishments are the result of a true team effort. In South Miami we are a family. We may not always agree but we always treat each other with respect and dignity as we work" together to find the common ground and do what is in the best interest of our community. This would not be possible without the leadership of my colleagues on the City Commission. I would like ask a wonderful group of dedicated' public servants - Vice Mayor Mary Scott Russell and Commissioners David Bethel, Horace Feliu and Ann Bass - to stand and be recognized. I would also like to recognize and thank former Vice Mayor Armando Oliveros for his dedicated public service. - I would also like to take 'a moment of personal " privilege and recognize a person who has provided an extraordinary service to our community. Every City experiences difficult moments and South Miami is no exception. At those moments, however, certain individuals step forward and answer the call to public service and, despite personal tragedy, serve their City. ` Ladies and Gentlemen, will you please join me in recognizing Commissioner Ann Bass. It is, as I mentioned, truly a team effort here in the City of South Miami. I would like to take just a moment and introduce the key members of our team. • City Manager Charles Scurf; • City Attorney Earl Gallop; and • City Clerk Ronetta Taylor. 2 The Manager has put together and outstanding team of professionals who have made our many achievements reality. I would also like to introduce our outstanding senior management team: (Please hold your recognition until I have introduced the entire team) • Assistant City Manager Subrata Basu; + Park & Recreation Director Ana Garcia; • Finance Director Hakeem Oshikoya; • Chief Accountant Maria Munro; • Building & Code Enforcement Director Sonia Lama; • Police Chief Cokes Watson; • Assistant Police Chiefs Greg Feldman and Mike Mills • Public Works Director Fernando Rodriguez; • Deputy Director Orlando Martinez; • Assistant to the Manager Greg Oravec; • Communications Manager Ivette Diaz; • Human Resources Manager Jeannette Enrizo- Navarro; • MIS Director Gremaf Reyes; • Community Relations Board Liaison David Walker; • CRA Director Diana Morris; and • Parking Director Ron Stroyne. Finally, I would like to recognize the many individual citizens, quite a few who are here tonight, that serve as volunteers on the City's Boards and Committees. The City is grateful and indebted to you for your service. This past year was a remarkable year. I believe it will only be surpassed by what the City of South Miami will achieve in the future. I want to take a few minutes and review with you some of the many accomplishments of 1999 and look forward to some of the challenges that face us in 2000. 3 In the Financial area, the City has entered an unprecedented era of positive financial growth. In 1999 South Miami, with the leadership of my colleagues on the City Commission, realized the following: • The property tax rate was reduced to the lowest level in a decade. The FY 1999- 2000 millage rate of 6.373 mills is the lowest since FY 1990 -1991. • The tax burden placed on homeowners is the lowest in over a decade. The percentage of property taxes paid by residential homeowners had increased to 63 %. Your City Commission, in a single year, reduced this percentage to 49 %. For the first time in recent memory commercial businesses are paying more than 50% of property taxes. • The City tax base grew by an unprecedented 32% last year. The total tax base increased by $178,000,000. Commercial property represented $165,000,000 of the " increase. • The Finance Department continued to maintain the highest professional standards and under the leadership of Director Hakeem Oshikoya was again awarded the Certificate of Financial Reporting by the Government Financial Officers Association. • The ` Department added a new Human Resources function and is providing professional personnel management for the first time. • The City upgraded and replaced it's three primary computer networks, ensuring Y2K compliance and state of the art network support. The Police Department had a year of unique and unprecedented challenges. The opening of Sunset Place brought an estimated 4 - 5 million new people to our community. I am pleased to report to you that, under the leadership of Chief Cokes Watson and Assistant Chiefs Mike Mills and Greg Feldman we not only met these challenges but also exceeded all expectations. • The Department has successfully completed the major expansion approved by the City Commission last year, adding 10 new sworn police officers. The ratio of sworn officers per 1,000 population now stands at 5.7, one of the highest ratios in the County; • Sunset Place operated for an entire year with no major incidents. This was no accident. It is the result of extensive planning, proactive policing, positive youth 4 C ` intervention and a professional police force. The City's response time on emergency calls remains less then 2 minutes - the best in the County and probably the State; • The Department initiated "Sunset Net", an electronic network linking City merchants with the Police Department, and re- invigorated Citizens Crime Watch and the HEAT, BEAT & SCAN Programs. Walking Beats have been started in the downtown area and will soon be expanded to the Murray Park area; •' Overall crime rates, expected to spike due to the large amount of new commercial activity, have not only not increased, they have decreased. While only preliminary estimates are available at this time the trend is very positive. The City, for the fourth year in a row, has not experienced a single murder or homicide; and • The City's proactive efforts seeking grants and working with other agencies such as the DEA have produced significant results, with new computers, walking beat police officers and hundreds of thousands of dollars in forfeiture funds coming to South Miami. Our Parks & Recreation Department is continuing the remarkable renaissance started two years ago. 1999 was a year of outstanding progress and achievement under Ana Garcia's leadership. • Phase I of the Murray Park Multi- Purpose Center, the Hope Center, has become a reality. As I speak the roof is being completed and the facility will open this spring. Over $4,000,000 has been approved through our proactive grant efforts. Consultant selection for the Phase II design will be concluded in the very near future. This 30 year dream of our community is now finally becoming a reality; • All of our parks are undergoing major improvements. Fuchs Park has undergone a complete renovation. Major improvements including items such as new tot lots, renovated bathrooms and extensive landscaping are underway at Marshall Williamson Park, Palmer Field and Dante Fascell Park, Brewer Park and the Open Space Park; • Educational, sports & recreational programming continues to improve and expand with unprecedented levels of participation in park programs. The After School House continues to excel and the City continues to provide meaningful new experiences to our youth including a trip by over 250 participants to the Turkey Bowfin Atlanta; 5 • The Citywide Landscaping Program achieved new heights. Hundreds of new trees have been planted along City streets, the tree canopy in our parks has been extensively enhanced, the design for the Sunset Median has been completed, and plans for additional spring plantings are under development. Public Works continued providing excellent public services while upgrading and improving the City's engineering and construction management capabilities as well as improving the quality and timeliness of the Departments response to special needs and complaints. Under the continuing supervision of Fernando Rodriguez and Orlando Martinez: • Trash and garbage collection continue at the highest frequency of any City in the County, and the fees for these services are included in your property taxes, rather than a separate bill of as high as $500 a year charged by other cities and the County; • Work was completed on major drainage projects including Lake Taco Bell. A total of over $450,000 has been funded by the State of Florida and design of other major drainage projects; • The Department initiated the PROMP, or Proactive Maintenance Program design to identify and repair potential problems and nuisances throughout the City; • The City completed a comprehensive hurricane preparedness program including new hurricane shutters, emergency ' generators, fueling facilities, backup radio communications and roof replacement; • The Department developed a construction management capability to oversee the construction on City projects. The Department also added aprofessional engineering component to design and certify City projects; and • Environmental restoration and compliance continued to be top priorities with continuing work on the National Pollution Elimination System and important new initiatives such as the Fuchs Park Wetlands Project In Building & Code Enforcement 1999 was a very busy and productive year. Under the sustained supervision of Sonia Lama: 6 • The Department managed a 45% increase in the number: of new building permits issued, a 60% increase in building inspections and a 55% increase in occupational ; licenses; • The largest and most complex project in the history of the City,, the Shops at Sunset Place, was completed; • The Department also undertook major new code enforcement initiatives. These included development of a new Code enforcement Ticketing Ordinance, the addition of an additional code enforcement officer, and major enforcement crackdowns on junk vehicles and illegal dumping. Planning and Zoning experienced similar increases in workload. Under the experienced leadership of Subrata Basu: • The Department initiated the automation of records and mapping; Completed a major Geographic Information System; • Completed work on technical revisions to the Land Development Code and modifications necessary to bring the Comprehensive Plan into full" compliance with State requirements; and • Created a Blue Ribbon Committee to do a comprehensive substantive review of the City's Land Development Code, Zoning Regulations and special zoning districts including the Hometown District and the Transit Oriented Development District. Communication and public' information were major successful initiatives of the City. With the " hard work of Ivette Diaz: • The City upgraded Channel 5 programming; • Published a quarterly newsletter Inside South Miami; • Is set to debut a Video Edition of Inside South Miami on Channel 5. I'd like to thank Michael and Grant Miller for their contribution of publishing Inside South Miami, and also to Wayne Brackin and South Miami Hospital for their donation of video production for tonight's broadcast and the Video Edition of Inside South Miami. 7 j This past year was one of unparalleled success in Intergovernmental Relations. Consider the following: • A Trust for Safe Neighborhood Parks grant of $ 1,700,000 for the Murray Park Multi- purpose Center; • State of Florida grants totaling $ 340,000 for Stormwater Drainage; • Over $ 450,000 from the United States Department of Justice for mobile computers in . our police vehicles and 4 new Community Oriented Policing (COPS) officers for new walking beats; and • Participation of two City K -9 units in a multi - agency; task force at Miami International Airport that has resulted in over $1,000,000 in cash seizures with over $300,000 returning to South Miami; and A special note of thanks to the City Manager and the City's two lobbyists, Fausto Gomez and Ron Book, for their invaluable contributions. I know that 2000 will see new successes as we expand the effort with the assignment of Greg Oravec of the City Manager's Office and focus on County and Federal funding sources. The Community Relations Board became fully functional; in 1999. This dedicated group, with the staff assistance of David Walker, has begun a series of initiatives and programs including the first ever "Civility Week The Community Redevelopment Agency became a reality in 1999. For the first time ever the City of South Miami has a dedicated source of funding to address redevelopment. This past year saw meaningful progress with the operation, of the Trolley and important paint -up fix -up programs. The true promise of the CRA will be realized in the new millennium and we look - forward, with the guidance of Diana Morris, Don Delaney and the CRA Board and Advisory Board to significant projects beginning in 2000: • 8' I want to close by talking about one of our most significant initiatives Ethics in Government. The City of South Miami has taken a leadership role nationally thanks in large part to the efforts of Vice Mayor Mary Scott Russell and City Attorney Earl Gallop. , • South Miami was the first City in Miami -Dade County to complete ethics' training for all City em' to ees; p Y !, South Miami adopted a new comprehensive ethics ordinance inane for all City employees, elected officials and board members; and • South Miami was, to the best of our knowledge, the first City in the nation to adopt an innovative Campaign Finance Reform Ordinance prohibiting campaign contributions from vendors, consultants and contractors doing business with the City. Ladies and Gentlemen — it has been an honor and privilege for me to serve as your Mayor and to report on the State of our City. As I stated at the beginning of this report the State of our City is sound. In fact, not only is the State of our City sound, we enter the new millennium stronger than ever before, with incredible momentum and with a tremendously positive forecast for the future. South Miami begins the new millennium with a bright future. We have achieved much but if we work together our best days are before us. I call upon each of us to renew our commitment to our City to strive for Excellence, Integrity and Inclusion -`and to work together for the good of all. I am incredibly optimistic about the future. I look forward to the challenges and opportunities of the new millennium and continuing to serve you as the Mayor of the City of Pleasant Living. God Bless You and Good Night. 9 - Requirement Permitted /Allowed Proposed Min. Net Lot Area 6,000 sq. feet 6443 sq. fee Frontage 60 feet 112.79 fee Min. Front Setback 25 feet 16 fee Min. Rear Setback 25 feet 7.67 fee Min. Side (interior) ` setback 7.5 feet left / 7.5 feet right 7.67 feet left/ 62 feet right Max. Stories 2 1 Max. Building Height 25 feet <25 fee Max. Building Coverage ` 30 % 19% Max. Impervious Coverage 45% 26.8% Table 1 illustrates that the subject application would not have the required front and rear setback. The proposed home's failure to provide the minimum required front and rear setbacks is largely attributable to the dimensions of the lot which is 112.79'x 57'. The required setbacks, when applied to the subject property, only permits an allowable building envelope of 7 feet by 89.67 feet, or 628 square feet. The proposed house would substantially improve the subject property and the reduced front and rear setbacks would not negatively impact the surrounding area which has varied setbacks. Furthermore, the applicant has obtained the support of over 20 percent of the property owners, owning property within 500 feet of the subject property, as evidenced by the petition submitted by the applicant. COMPREHENSIVE PLAN ! The application is consistent with the Goal, Objectives, and Policies of the Comprehensive Plan and serves to implement Goal 1, Objective 1.1, and Objective 1.3 of the Housing Element. APPLICABLE REGULATIONS Land Development Code • Section 20-2.3 Definitions. • Section 20-3.5 (E) Dimensional Requirements • Section 20 -5.9 Variance Approvals Comprehensive Plan • Goals, Objectives, and Policies of the Housing Element P B40'16 Habitat far Humanity CITY OF SOUTH MIAMT NOTICE OF PUBLIC HEARING - NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, December 21, 1999, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A RESOLUTION OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR VARIANCES FROM SECTION' 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A SIXTEEN (16') FOOT FRONT SETBACK, ` WHERE TWENTY- FIVE FEET (25) IS REQUIRED, AND AN SEVEN FOOT EIGHT (7'8 ") REAR SETBACK, WHERE TWENTY -FIVE (25) FEET IS REQUIRED, ON PROPERTY LOCATED IN THE RS4 "SINGLE FAMILY RESIDENTIAL" ZONING DISTRICT,` SPECIFICALLY LOCATED AT 6560 SW 59 AVENUE, SOUTH MIAMI, FLORIDA 33143 Inquiries concerning this item should be directed to the Planning Division at: 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the 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. • HABITAT FOR HUMANITY OF GREATER MIAMI I rl building houses in partnership with God's people in need September 17, 1999 Building and Zoning Department City of South Miami 6130 Sunset Drive South Miami, F133143 RE: Variance Application Letter of Intent and Hardship The South 25.86 feet of Lots 116 and 117 "University Park PB 18 -46, Dade County, FI 6560 SW 59th Avenue Dear Sir or Madam: Habitat for Humanity of Greater Miami requests front and rear setback variances in order to build a three - bedroom home on the above property. This _property is located in an older neighborhood platted many years ago. Since .the required`. minimum setbacks in the current Land Development Code were -establisliEd projecting larger minimum lot sizes, a hardship is created in building,even a srra!I house on the above lot due to the current setback requirements of 25' front and 25' rear setbacks. Miami Habitat requests a front variance of 161 and a rear variance o`'7'8" to allow an 8'11" front setback and a 17'4 rear setback. Thank you for your consideration, and We look forward to ccntinuing our commitment of working, with the City of South Miami by providing hcirnes for people in the community. Sincerely, Anna Grohoski Construction Administrator Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256 -0994 / (305) 670 -2224 I Address of Subject Property. S6 W 59 Lh IgVC Lat(s) _ Block Subdivision i Meets & Bounds: PS- ice "_ fhG Sou h 8b LofS I cn i e C J one: - M e 305 - Representative: gnnct lgroh .1 Organization: Hobnc�� 6>r of ddress: 6reof e r wow- ti Phone: 3 50 Sough 1)a 4e" _ 6)v N.W, i 3 JS4 46 7D - a a Property Owner. E- of Pr- � Signature: l�urncin i a ��cx,Ct� Mailing Address: Phone: Po aat 60 9q,- Ao nj I I;/ 33as6 -:01717y qr itect/Enginee Phone: AS THE APPLIC , PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: _Owner Owner's Representative _Contract to purchase _Option to purchase _ Tenan t /Lessee PPLICATiON IS HEREBY (MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment o LDC /Comp Plan Variance + Letter o: f inteWf' _ Waiver of Improvements/Dedication _,Special Use _ Justifications for change _ PUD Approval _Rezoning Statement of hardship _ PUD Major Change _Other '!Proof of ownership or letter from bwder Power of atforctey C : : Briefly explain application and cite specific Code sections: ` ` ` ` ` • Contract io tpofthase; a ` _ t Current aurvey < � tc•. 7 co _ Ie.. of Sri Plan 'arid P 1 reduced co` y @ 8.5 "x11" n . Sectiz o ':Subsection. Page #: Amended Date: Required Fees • • ... • The undersigned has read this completed application and represents that the information and all - submitted materials are Irue and co to the best the plicant's knowledge and belief. t • • • • • • l l Applicant's Signature and title i t Gat • • Date , Po app • Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment METROPOLITAN DADE COUNTY PLAT COMMITTEE NOTICE OF ACTION Plat No.: D- 20009- 2 -R.A. Sec. 25 -Twp. 54 S. Rge. 40 E. Municipality: SOUTH MIAMI Names Waiver of Plat ZoningRS -4 Location by streets: SW 66 St & SW 59 Ave. Owner: Habitat for Humanity of Gr. Miami Inc. Phone:(305)670- 2224, 9350 S. Dadeland Blvd. #200 Miami, FL 33156 Surveyor: Schwebke- Shiskin Phone: (305)233 -9210 11941 SW 14 St. Miami, FL 33186 This is to advise you that on May 28, 1999 the Dade County Plat Committee reviewed the above plat and that the same was: � Approved as a Tentative Plat', the requirement for platting has not C3 been waived, subject to the conditions indicated on the attached /action copy VO Approved subject to conditions indicated on action copy Deferred for reasons indicated below - , Not approved for the reasons, indicated below r NI ■ .. _ TO: Subdivision and Platting Section AGENDA DATE: Department of Planning and Zoning 8 FROM: Plan Review Section WAIVER OF PLAT NO.: D 24';q-2 Q. A. Department of Environmental Resources Management This office has reviewed the referenced plat and recommends the followin A public water supply must be utilized to serve this entire subdivision. 'Plans for the extension of the existing water mains to serve this property must be approved by this office prior to the approval of this waiver of plat. ( ) A public sewerage system must be utilized to serve this entire subdivision. Plans for the extension of the existing sewer system to serve this property must be approved by this office prior to the recordation of this plat. (� A public water supply must be utilized to serve this entire subdivision. Plans for this system have been approved by this office. Therefore, we have no objection to the approval of this waiver of plat:' APPROVAL # W O I119 ( ) A public sewerage system must be utilized to serve this entire subdivision. Plans for this system have been approved by this office. Therefore, we have no objection to the approval of this waiver of plat.' APPROVAL # ( ) Existing public; water lines must be utilized to serve this subdivision. This office has no objection to the approval of this waiver of plat. W) Existing public sewer lines must be utilized to serve this subdivision. This office has no objection to the approval of this waiver of plat ( } The use of septic tanks is acceptable for this subdivision. { ) y Individual wells for use for potable are acceptable this subdivision. ( ) A restrictive covenant must be executed with this office prior to approval of this waiver. of play. Forms 4or this covenant may be obtained at this office at 111 NW l st Street, Suite 1010, Miami, Florida. ( ) Development information not furnished. d. r r { i Concurrency given. _ f (� Please note that the regional sewer system is operating under a capacity allocation program in accordance with the First Partial Consent Decree between Metropolitan Dade County and the United States of America (Case NO. 93 -1109 CIV Moreno). Under the terms of this Consent Decree, this approval does not constitute an allocation or certification of adequate treatment and transmission system capacity, which will be evaluated and determined at the time of agency review of the building' Permit Tans for the referenced project. MEMORANDUM TO: Subdivision and Platting Section AGENDA DATE: Department of Planning and Zoning FROM: Plan Review Section SUBJECT: Concurrency Review Department of Environmental Resources Management Plat # This Department has performed a concurrency review for water and sewer on the above subject Development Order. Based on currently available information, the following determinations have been made: L Public Water - Existing facilities and services meet the Level of Service (LOS) standards set forth in the CDMP. Furthermore, the proposed development order, if approved, will not result in a reduction in the LOS standards subject Jo compliance with the conditions stipulated by DERM for this proposed development order, if any. 2. Public. Sanitary Sewer - Existing facilities and services meet the Level of Service (LOS) standards set forth in the CDMP. Furthermore, the proposed development order, if approved, will not result in a reduction in the LOS standards subject to compliance with the conditions stipulated by DERM for this proposed development order, if any. Please note that this concurrency determination does not constitute :a final concurrency statement on the proposed development order as provided for in the adopted methodology for concurrency review. One or more additional concurrency determinaf.ons will be required. Date Reviewed: G.7tZr1 By; QAPLAN REY>EMCORE DOM PLAT CONCURRENCY. DOG -1 U98 First American Title Insurance Company Agent's File No.: 21051 /MK/sg Policy No.: FA- 35- 159885 SCHEDULE A Date Issued: December 30, 1996 Date Effective: May 2, "1995, at 12:15 P.M. Amount of Policy: $45,000.00 1. Name of Insured HABITAT FOR HUMANITY 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3." Title to the estate or interest in the land is vested in HABITAT FOR HUMANITY 4. The land referred to in this policy is described as follows: The South 25.86 feet of Lot 116, and Lot 117, UNIVERSITY PARK, according to the Plat thereof, recorded in Plat Book 18, Page 46, of the Public Records of Dade County, .' Florida; Together with the East 11.25 feet of that certain alley lying West and adjacent to the property, as closed per Ordinance 7 -79 -1029 of the Public Records of Dade County, Florida.= FIRST AMERICAN TITLE INSURANCE CO?Ta.4NY - MUM By: Authorized Signatory qqop tj W N 6a !ti o o > a > h +J ���� 0 ; r i5 12 z z vi f �.0V W O low aF- 2 V) a ly O ..Y Wat W Z Z t; xy ix WZO C7 Q Q W ^ KW�i Li: oTf� <r =. J W O may. w w ,O W o •- N. � W F_ O 0. W J 0W_1W VF Q 2 Z< Z VIM +T►.7, lt1 N�o� W m Z a c Z J a =0 Wti , �oy,� • f • f f f 1 a )) • • • f•fs� • a ) J 25' • e • • • <� • f • 22.5• to R: j h N o Q, LLJ W �.. .�. a a 0 rn 1J25" m.. � V Z Y d > I 0 Y L _ �0 :/1 a- 0 0 � J Y d w I\ U m O C13 N \ 0 25' N f� 66ifr- �STRj A- I in N N IN E H d i d d W H ►' 9 Ua� T O: O a Z 2 O ac O< 3 3 W K 2: Q a: s S � � w Y 2 to R r.,x�rt_rar c E Wy"c�t�i�vcv,a� J N 2 O z 0 9x 0 `AFaaaa < cr V m r W o. W N W co - — Z yy W Z -j fJ N 5 � I'' a • N b.. g w Z. 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N 101' i4 8941 4' q pp +isi I �f f jjl!FOE„ ' ss -' c S1lS1e }}l Will i a. q gP F I! d �i Ci AP H� 3 @ :a "Qa e� a55 S �' a~ as t4 'y o €'z 3 1 23 Vbde $�3 z4 �y F' _gig � QI• �t f 'p e ° it 3 •' •' r� C" 1 i E III k ' n t. u i E III k ' I T III i DRAFT CITY OF SOUTH MIAMI Planning Board Regular Meeting Summary Minutes Tuesday, November 30,1999 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Mr. Morton, Chair, called the meeting to order at 7:33 p.m. The Pledge of Allegiance was recited in unison. IL Roll Call Board members present constituting a quorum Mr. Morton, Ms. Gibson, Ms. Chimelis, Mr. Cooper, Mr. Wiscombe Board members absent . Mr. Illas, <Mr. Lefley City staff present Subrata Basu ( ACM /Planning Director); John Little (Principal Planner); Sandy Youkilis (Temporary Planning Staff) ;, Lourdes Cabrera- Hernandez (Planner); David Struder (Board Secretary) III. Public Hearings (Planning Board) A. ITEM: PB -99 -016 Applicant: Habitat for Humanity of Greater Miami Request: REQUEST FOR VARIANCES FROM SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW A SIXTEEN FOOT (16') FRONT SETBACK, WHERE TWENTY -FIVE FEET (25') IS REQUIRED, AND A SEVEN FOOT EIGHT INCH (7'8 ") REAR SETBACK, WHERE TWENTY -FIVE FEET (25') IS REQUIRED, ON PB Minutes 11 -30 -99 1 PROPERTY LOCATED IN THE RS -4 "SINGLE- FAMILY RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY' LOCATED AT 6550 SW 59 AVENUE, SOUTH MIAMI, FLORIDA 33143. Mr. Wiscombe read the request into the record. Staff reviewed details of the request. Mr. Wiscombe noted several typographical errors 'inthe staff report. Public hearing was opened. There being no one present wishing to speak for or against the item, the public hearing was closed. Motion: Mr. Cooper moved approval of the request. Mr. Wiscombe seconded the motion. Vote: Approved 5 Opposed 0 Discussion continued and involved, but was not limited to, the following topics. The Board inquired as to the study of sub- standard lots in the residential area and other matters related to zoning. Staff reported that a list of such matters is being composed for future consideration. Staff noted that the City may implement a zoning task force to assist with these outstanding concerns. In closing comments on the item, staff introduced the Planning & Zoning Department's newest employee, Lourdes Cabrera - Hernandez, Planner. B. ITEM: PB -99 -010 (Continued from PB meeting of November 9,1999) Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE I CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NONCONFORMING SIGNS; AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, SECTION 20 -4, SIGN REGULATIONS, BY REVISING SECTION 20 -43 (K)(1) PERTAINING TO REGULATIONS GOVERNING THE GRANDFATHERING OF NONCONFORMING SIGNS; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Ms. Chimelis read the request into the record. Staff reported that the item was being carried over from the Board's last meeting and included changes reflecting comments related in that meeting. Staff noted that such changes included (1) the incorporation of a seven -year amortization schedule and (2) in matters involving major building facade renovation, the grandfathering of a sign would be voided. Staff explained that (1) the item, as revised, is beyond that which had been originally advertised and that (2) the City Attorney advised that the request be deferred at this time. The Board -made recommendations (1) that the ordinance should include an actual amortization schedule, which would start when a sign becomes non - conforming and (2) to include language such as ... a sign made non- conforming by changes in the code or law should be grandfathered for a period not to exceed five years. Mr. Morton noted that the motion would be one for deferral with recommendations. Motion: Mr. Cooper moved deferral of the request. Mr. Wiscombe seconded the motion. Vote: Approved 5 Opposed 0 C. ITEM: PB -99 -012 (Continued from PB meeting of November 9,1999) Applicant: Mayor and The City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HOMETOWN DISTRICT OVERLAY ORDINANCE; AMENDING CHAPTER -20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTIONS 20 -7.1 AND 20= 7.2 IN ORDER TO CLARIFY THE TITLE AND INTENT OF THE HOMETOWN DISTRICT OVERLAY, TO PLACE THE OVERLAY ON THE CITY'S OFFICIAL ZONING MAP, AND ADD STANDARDS PERTAINING TO HEIGHT, DENSITY, INTENSITY, AND MIXED USE, AS REQUIRED BY PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Ms._ Gibson read the request into the record. Staff reported that the item was being carried over from the Board's last meeting. Staff explained that, in response to the Board's comments expressed at that meeting, specific percentages had been added to the language involving Mixed -Use Standards (E) for office and retail projects. Staff noted that, in regard to residential projects (E)(1), language would remain as stated without a specific percentage. Public hearing was opened. There being no one present wishing to speak for or against the item, the public hearing was closed. The ;Board and staff discussed language contained in the Comprehensive Plan, which defined mixed use. Staff explained that the Plan language could not be changed; however, the LDC section could be amended to clarify the City's mixed -use objective. Suggestions for clarification included that uses be bolded (line 20) and that lapguage in each protect be added (line 31). The Board and staff discussed language, included in the proposed ordinance. Suggestions included to add language ... in order to ensure a mix of uses, the city requires that, for each development... for Intent (A). The board directed staff to provide the precise language. Motion: Mr. Cooper moved approval of the request, as modified. Ms. Gibson seconded the motion. Vote: Approved 5 Opposed 0 PB Minutes 11 -30 -99 3 IV. Discussion Item A. Request of City Commission for Planning Board's recommendation on proposed revisions to Land Use Application Fees (H) 1 through (H) 12 of the City's Permit Fee Schedule Staff explained that, at a prior consideration of the item with the City Commission, discussion was held in regard to Land Use Application Fees (H). The Board inquired as to whether studies concerning fees are done for comparable municipalities, such as Miami Shores. Staff noted that comparisons have been made, including with Coral Gables and Miami- Dade County. The Board and staff discussed whether to use percentages or acreage as a baseline for fees to be charged, in order that the City may be fairly compensated. Staff noted that the Planning Advisory Service (PAS) or the Urban Land' Institute (ULI) could be consulted in regard to obtaining information on charging fees. The Board requested that additional information be supplied when the item returns for consideration, such as rationale for fees, fee schedules of other municipalities, etc: V. Approval of Minutes Minutes of November 9, 1999 The Board duly voted on and approved the minutes for November 9, 1999, as submitted. Vote Approved 5 Opposed 0 VI. Remarks,/ Discussion There were none. VII. Adjournment There being no further business before the Board, the meeting was adjourned at 8 :45 p.m. PB Minutes 11 -30 -99 4 A-11 kk MIAMI DAILY BUSINESS REVIEWY Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. CjTy OF SOZiT*1 M1AN41 STATE OF FLORIDA NOTICE OF PUBLIC HEARING COUNTY OF DADE: 9 authority y eared given that the City Commission of the City of Before the undersigned oath says personal) app NOTICE IS HEREBY g' during its regular Sookfe Williams, who on oath says that she is the Vice South Miami, Florida will conduct a Public Hearing g beginning President of Legal Advertising of the Miami Daily Business in the City Commission Chambers, 6130 Sunset Drive, to Review flkfa Miami Review, a daily (except'Saturday,Sunday City Commission meeting on Tuesday, December 21, 1999, 9 and Legal Holidays) newspaper, published at Miami in Dade at 7:30 p.m.r County, Florida; that the attached copy of advertisement, consider: being a Legal Advertisement of Notice in the matter of A RTHE CITY OF SOUTH M AMI, F GRIDA,, RELAT NIG TO A ESOLUTION OF THE MAYOR AND CITY OF CITY OF SOUTH MIAMI 1 99 REQUEST FOR VARIANCES FROM SECTION :20-3.5(E) EN OF PUBLIC ;HEARING 12/21/99 THE LANOR RorJT gPETMBACK WHERETWENV?Y F VIE FEET RESOLUTION RELATING TO A (16')FO E UEST FOR VARIANCES FROM REAR IS REQUIRED, AND AN SE) SETBACK, WHERE TWENTY FIVE (025) FEET IS L R Q ETC. SECTION 20-3 . 5 { -E� r QUIRED, ON PROPERTY LOCATED IN THE RS 4 "SINGLE XXXXX . .... ... Court, FAMILY RESIDENTIAL % ZONING DISTRICT, SOUTH M AMI,IFLORI in the . • • • • • • • LOCATED AT 6560 SW 59 AVENUE, was published in said newspaper in the issues of DA 33143 Divi- should be directed to the Dec 10, 1999 Inquiries concernin g this item Planning sion at: 663.6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC Affiant further says that the. said Miami in ad Dade City Clerk Review is a newspaper published at Miami in said Dade City of South Miami County, Florida, and that the said newspaper has heretofore advises the been continuously published In said Dade County, Florida, pursuant to Florida Statutes 286.0105, the City hereby this each day (except Saturday, Sunday and Legal Holidays) and public rs that if a person decides atutes has been entered as second class mail matter at the post ;to appeal any decision made by or Commission. with respect to any matter considered is office in Miami in said Dade County, Florida, for a period of proceedings, dreat one ye preceding the first publication of the attached Board, Agency arson may need to ensure that a copy f adv isement; and afflant further says that she has its meeting or hearing, affected p need son m hceich record includes the Py person, or corporation and that for such purpose, proceedings is made neith r pal nor promised any p verbatim record of the p eal is to be based. any seo I, rebate, commission or refund for the purpose testimony and evidence upon which the app 99.3- 121056I4157M of s url g this adve sement for publication to the said 12/10 news ec ' m to and subscribed before me this 9 0 cember f'....;...... ...... A.D. 19...... (SEAL) r .� s rc:a +�Ka ca�sayrc eu r S oo kle Williams personally known to me r it C, � : 5,C40 ' �c 8a c ", 1104 C: ti E 4 1 1 .a , ubl...,nderuniets I CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Mayor and City Commission Date: December 14,1999 FROM: Charles Scurr Re: Agenda Item # City Manager Comm. Mtg. Dec 21,1999 USDOJ Cops More Grant 00 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ACCEPTANCE OF THE COMMUNITY ORIENTED POLICING SERVICES (COPS) MAKING OFFICER REDEPLOYMENT EFFECTIVE (MORE) GRANT OF $112,500; AUTHORIZING THE CITY MANAGER TO EXCECUTE APPLICABLE CONTRACTS AND DOCUMENTS ;` APPROPRIATING $37,500 FROM FEDERAL FORFEITURE CASH BALANCE TO BE DISBURSED FROM 'ACCOUNT NUMBER 615- 1910 -521 -6430, ENTITLED "POLICE FEDERAL FORFEITURE FUND- OPERATING EQUIPMENT," AS THE MATCHING FUNDS REQUIRED BY THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Police Department made application for the Cops More Grant on June _12, 1998 and was notified of the contract award on April 1, 1999. The award letter was received July 10, 1999. The approval of attached Resolution will enable the Police Department to secure federal funding, under the Cops More Grant Program, for the acquisition and installation of Mobile Data Terminals (MDT's), Support Hardware and Software for police vehicles. The addition of MDT's inside the police vehicles not only would enhance the overall effectiveness and efficiency of the police officer on patrol but assist in overall police officer safety. The matching funds would be appropriated from the Federal Forfeiture cash balance and would be disbursed from line item "Operating Equipment" (615 -1910- 521 -6430) in the Federal Forfeiture Fund. Current approximate balance in account $74,854.19 This request 37,500:00 Approximate resulting balance in account $37,354.19 RECOMMENDATION Your approval is respectfully requested. CS/BR/sh I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO 5 THE ACCEPTANCE OF THE COMMUNITY ORIENTED 6 POLICING SERVICES (COPS) MAKING OFFICER 7 REDEPLOYMENT EFFECTIVE (MORE) GRANT OF _$112,500; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE 9 APPLICABLE CONTRACTS AND DOCUMENTS; 10 APPROPRIATING $37,500 FROM FEDERAL FORFEITURE 11 CASH BALANCE' TO BE DISBURSED FROM ACCOUNT 12 NUMBER 615 -1910- 521 -6430, ENTITLED "POLICE FEDERAL 13 FORFEITURE FUND - OPERATING EQUIPMENT, AS THE 14 MATCHING FUNDS REQUIRED BY THE GRANT; AND 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17 18 WHEREAS, the United States Department of Justice has assisted Police 19 Departments nationwide by providing grant funds in technology, equipment or 20 support personnel to assist them in becoming more efficient; and 21 22 WHEREAS, the Police Department desires to use the grant funds to 23 improve technology by beginning to purchase Mobile Data Terminals (MDT's), 24 support hardware and software for police vehicles; and 25 26 WHEREAS, the matching funds requirements of the grant, $37,500, would 27 not adversely affect the operations of the Police Department; and 28 29 WHEREAS, the addition of Mobile Data Terminals inside the police 30 vehicles would enhance the Police Department's overall operation and assist` in 31 police officer safety; and 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 35 36 Section L. The City Manager is authorized to accept money from the 37 United States Department of Justice in an amount of $112,500. 38 39 Section 2. The City Manager is authorized to appropriate $37,000 from 40 the Federal Forfeiture cash balance to be disbursed from account number 615 41 1910 - 521 - 6430, entitled "Police Federal Forfeiture Fund - Operating Equipment," 42 as the matching funds requires by the grant. 43 44 Section 3. The City Manager is authorized to execute any subsequent 45 documents relative to obtaining this grant. 46 47 Section 4. That this resolution be effective immediately after adoption 48 hereof. 49 50 PASSED AND ADOPTED this day of :11999, 51 52 ATTEST: APPROVED: 53 54 55 56 CITY CLERK MAYOR 57 58 Commission Vote: 59 READ AND APPROVED AS TO FORM: Mayor Robaina: 60 Vice Mayor Russell: 61 Commissioner Feliu: 62 Commissioner Bethel: 63 Commissioner Bass: 64 CITY ATTORNEY 65 66 67 68 69 70 71 10113! 99 WED 11:36 FAX 2004 - U. S. Department of Justice Office of Community Oriented Policing Services COPS MORE 98 AWARD Applicant Organization's Legal Name: South Miami Police Department Grant #c 1999CMWX2768` ORI #.* FLO1319 Vendor #' 596000431 Law Enforcement Executive Name: Chief Cokes Watson, Jr. Address: 6130 Sunset Drive City, Sucre, Zip Code Miami, FL 33143 Telephone: (305) 663 -6301 Fax: '(305) 663 -6337 Government Executive Name: City Manager Charles Scurr Address: , . 6130 Sunset Drive QY, State, Zip Code; South Miami, FL 33143 Telephone: (305) 663 -6338 Far (305) 663 -6337 j Award Start Date: 41111999` Award Amount: S 112,500.00 Clviliau personnel Award: $0.00 Equipment[fechnology Award: S 112,500.00 Award End Date: 3/312000 Number of Redeployed Officers: 4.50 Number of Redeployed Officers:.. 0.0 `Number of Redeployed Offlcers: 4.5` ex, IA vv� JUN -q Jose t Date Dire for By signing this award, the signatory officials are agreeing to abide by the Conditions of Grant Award found on the reverse side oftltis document d l Cokes Watson Jr. Chief of ?Qli.ce Signature of Law Enforcement- eutive with Typed Name and 'Iitieof Law Enforcement Executive. Date the authority to accept this grant award. ' Ze� C 4c% Charles S'curr City Manager 10/13/99 Sig natumofGovernmmtEzectitivg with the Wad Name and ' itleofGovernment .i , r r:: Date authority to accept this grant award. Executive. Acct Class: 98220201 . J t .. I Award ID: '.50380 10/13/99 WED 11:36 FAX I�j0U5 U. S. Department of Justice Office of Community Oriented Policing Services (COPS) Grants Administration Division 1100 V- Y-munt Avenue, NW WavhPgron. cX' 1pSSU June 14, 1999 Memorandum of COPS MORE 98 Items Funded Jurisdiction: South Miami Police Department ORL• FLO1319' The following figures have been compiled by the COPS Office based on a review of your COPS MORE 98 application. Award amounts are based on financial review by the Office of the Comptroller. I Non-Sworn Civilians: Total federal dollars awarded: $ 0.00 Total Required FTE redeployment: 0.0 sworn officers II Technology /Equipment: Total federal dollars awarded: $ 1 12,500.0 Total Required FTE redeployment: 4.5 sworn officers 22 MDTs with supporting hardware • The official Award date of your COPS MORE 98 grant is 4/1/99. You will be reimbursed for any approved expenses` incurred on or after 4/1199 under your COPS MORE 98 grant. If your department requested a waiver of the local matching funds, information concerning this decision will be sent to you shortly under separate cover. v CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission From: Charles D. Scurr City Manager REQUEST: Date: December 21, 1999 Agenda Item # F Re: General (Non- Union) Employee Financial Adjustment for FY 1999 -2000 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GENERAL (NON - UNION) EMPLOYEE FINANCIAL ADJUSTMENT FOR FY 1.999. -2000; APPROVING A 3.5 % ADJUSTMENT CONSISTING OF: (A) A 1.75% COST OF LIVING ADJUSTMENT (COLA) EFFECTIVE OCTOBER 1, 1999; AND (B) A ONE TIME 1.75 % CASH PAYMENT; AND MAKING APPROPRIATE CHANGES TO THE PAY PLAN BACKGROUND & ANALYSIS The City of South Miami has three "groups" of employees: (1) Sworn police officers represented by the Police Benevolent Association (PBA); '(2) Certain classifications of employees, primarily in Public Works and Parks, represented by the American Federation of State, Municipal and County Employees ( AFSCME); and (c) "General or non - union employees. There are approximately, 70 general employees consisting of a large number of classifications including professional, clerical and administrative employees and non -sworn police personnel such as communications officers. The City currently has a 3 year agreement with the PBA for sworn officers, which includes a FY 1999- 2000 wage adjustment. Negotiations are currently underway with AFSCME. These negotiations, however, are proceeding slowly and will not be completed until next year. The City has handled the annual wage adjustment for general employees differently over the years. In some years general employees were provided with the wage adjustment negotiated by AFSCME. In other years they were handled separately. Given the slow pace of AFSCME negotiations it is not felt to be fair to make the general employees wait. A financial adjustment package of 3.5 % is recommended. It is recommended that the 3.5% financial adjustment be comprised of a 1.75% cost of living adjustment (COLA) and a 1.75% cash payment. The COLA will increase the employees base salary and provide for long term growth. The cash payment will provide our employees with an immediate benefit. The cash payment portion of the adjustment also has a very positive benefit to the City. It will provide savings in excess of $40,000 annually beginning in FY 2000 -2001 due to the overall lower base salary for general employees. These savings can be used by the City for many purposes including helping to offset other vitally needed employee programs such as life and disability insurance. The 3.5% package is somewhat higher than the overall rate of inflation, which is approximately 3 %. This is justified based on the savings generated by the cash payment. The FY 1999 -2000 rate negotiated by the PBA was 4 %. RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE GENERAL (NON- UNION) EMPLOYEE FINANCIAL ADJUSTMENT FOR FY 1999 -2000; APPROVING A 3.5% ADJUSTMENT CONSISTING OF: (A) A 1.75 % COST OF LIVING ADJUSTMENT (COLA) EFFECTIVE OCTOBER 1, 1999; AND (B) A ONE TIME 1.75 % CASH PAYMENT; AND MAKING APPROPRIATE CHANGES TO THE PAY PLAN WHEREAS, in recent years, the City has maintained a policy of adjusting the general (non- union) employee pay plan on an annual basis; and WHEREAS, it is desirable and fair to make the general employee adjustment prior to the end of calendar year 1999; and WHEREAS, an adjustment including both a cost of living adjustment and a one time cash payment is in the interests of both the employees and the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. A 3.5% adjustment for general (non- union) employees consisting of: (a) a 1.75% cost of living adjustment, effective on October 1, 1999; and (b) a one time 1.75% cash payment, is approved. Section 2. The City Manager is authorized to make appropriate changes to the pay plan reflecting the cost of living adjustment. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 11999. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 5 VARIANCES FROM SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT 6 CODE TO ALLOW A SIXTEEN (16') FOOT FRONT SETBACK, WHERE 7 TWENTY -FIVE FEET (25) IS REQUIRED, AND AN SEVEN FOOT EIGHT 8 INCH (7'8 ") REAR SETBACK, WHERE TWENTY -FIVE (25) FEET IS 9 REQUIRED, ON PROPERTY LOCATED IN THE RS -4 "SINGLE FAMILY 10 RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT 6560 11 SW 59 AVENUE, 'SOUTH MIAMI, FLORIDA 33143. 12 13 WHEREAS, Habitat for Humanity of Greater Miami, Inc. has 14 made application for a variance from Section 20 -3.5 (E) of the 15 Land Development Code to allow a sixteen (16) foot front setback 16 where a twenty -five (25') foot setback is required and a seven 17 feet eight inches (71811) rear setback where twenty-five (25) 18 foot setback is required on property located in the RS -4 Single 19 Family Residential zoning district and, 20 21 WHEREAS, the property is located at 6560 S. W. 59 Avenue; 22 South Miami, Florida, 33143, and is legally described as 23 follows: 24 25 The South 25.86 of Lots 116 and 117 "University Park ", 26 recorded in Plat Book 18, page 46, of the Public 27 Records of Dade County, Florida; together with the 28 east 11.25 feet of that certain alley laying west and 29 adjacent to the property, as closed per Ordinance 7 30 79 -1029 of the Public records of Miami -Dade County, 31 Florida, less the South 112.78 feet thereof; and, 32 33 WHEREAS, Planning Division staff recommended approval of 34 the application for a variance upon evaluating the application 35 for (a) consistency with the Comprehensive Plan and (b) 36 compliance with the hardship requirement contained in Section 37 20 -5.9 (C) of the Land Development Code; and, 38 39 WHEREAS, on November 30, 1999; the Planning Board voted 5 :0 40 to recommend approval of the variance; and, 41 42 WHEREAS, the Mayor and City Commission of the City of South 43 Miami desire to accept the recommendation of the Planning Board. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 46 SOUTH MIAMI, FLORIDA: 47 48 Section 1. The application submitted by Habitat for Public Hearing December 21, 1999 Habitat Variance Page # 1 ■ 2 I Humanity of Greater Miami, Inc. for a variance from Section 20- 2 3.5 E of the Land Development Code in order to allow a sixteen 3 (16) foot front setback where a twenty- five (25) front foot 4 setback is required and a seven feet eight inches (718"') rear 5 setback where twenty -five (25) foot setback is required on 6 property located in the RS -4 Single - Family Residential zoning 7 district, is hereby granted. 8 9 Section 2. This approval is subject to and dependent upon 10 construction of the proposed single - family residential house in 11 conformity with the layout depicted in the submitted site plan. 12 13 Section 3. The City Manager may revoke this approval upon a 14 determination that the provisions of this resolution have been 15 violated or any violation is occurring at the subject property 16 or related property that is not in compliance with this 17 resolution. 18 19 Section 4. The City Manager shall have final approval and 20 authority over all matters regarding the determination of the - 21 applicant's compliance with the intent of these sections. 22 23 Section 5. This resolution shall take effect immediately 24 upon approval. 25 26 PASSED AND ADOPTED this 21st day of December,, 1999. 27 28 ATTEST: APPROVED: 29 30 31 CITY CLERK MAYOR 32 33 34 READ AND APPROVED AS TO FORM: 35 36 37 CITY ATTORNEY 38 Public Hearing December 21, 1999 Habitat Variance Page # 2 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor & Commission DATE: December 20, 1999 FROM: Charles D. Scurr SUBJECT: Agenda# City Manager Commission Meeting December 21, 1999 Additional Bus for Turkey Bowl (Fifth Bus) REQUEST The purpose of this memorandum is seek the approval of the attached resolution for the cost of the fifth bus for the Turkey Bowl, Atlanta, Georgia, November 24-27. 1999. BACKGROUND At the November 16, 1999 meeting the Commission approved the addition of a fifth bus to accommodate the parents who wished to accompany the players and cheerleaders. Sufficient seating for them on the first four busses was not available. At the request of the Parks & Recreation Department, the vendor, OK Bus Tours, Inc., was kind enough to reduce the cost of that fifth bus to $2,800, which represents a saving of $200 over the cost of each of the first four busses. The expedient passage of this resolution would ensure that the vendor is paid for the services he provided. Funds for this expenditure of $2,800 will be disbursed from it Account Number 001-2100-519-9920 "General Contingency". Available balance is $ 233,229.68, RECOMMENDATION Approval is recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE THE SUM OF $2,800.00 TO OK TOURS, INC., FOR A FIFTH BUS THAT WAS APPROVED BY THE CITY COMMISSION ON DATE FOR THE SOUTH MIAMI GREY GHOSTS FOOTBALL & CHEERLEADING TEAMS FOR TRANSPORTATION TO THE TURKEY BOWL IN ATLANTA, GEORGIA, CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 2100- 519.9920, "GENERAL CONTINGENCY ". WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000,00; and WHEREAS, The City of South Miami Parks & Recreation Grey Ghosts Football & Cheerleading teams were asked to participate in the Turkey Bowl event that was held in Atlanta, Georgia on November 24, 1999 and returning on November 27, 1999; and WHEREAS, The City of South Miami Parks & Recreation Department received three bids from the following vendors: Quality Bus Service $ 12,200.00 56 Seats OK Tours, Inc. $12,200.00 59 Seats Millennium Bus Service $ 12,000.00 58 Seats WHEREAS, Okay Tours, Inc., provided a 59 passenger bus, totaling 236 seats compared to the other bus services that have less capacity; and WHEREAS, Through hard work and dedication, the Football & Cheerleading Teams have successfully completed all requirements and attended this special event; and WHEREAS, This event gave the "City" and participants National coverage; and WHEREAS, This " bus company did not only provide bus transportation but stayed with the team during the entire time while in Atlanta, Georgia and transported them back home. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That approval of payment to OK Tours, Inc., for $2,800.00 that took the South Miami Grey Ghosts Football & Cheerleading team to Atlanta, Georgia, be released from account funds # 001- 2100 - 519.9920, General Contingency Section 2. This resolution shall take effect immediately upon approval. 1 2 3 4 5 6 PASSED AND ADOPTED this day of December, 1999. 7' 8 9 ATTEST: APPROVED: to 11 12 13 CITY CLERK MAYOR 14 15 16 17 READ AND APPROVED AS TO FORM: 18 19 20 CITY ATTORNEY 57