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05-05-98CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: May 5, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: May 19, 1998 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 IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated re presentative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentation(s): 1. The Honorable William H. Kerdyk, Jr. Comm issioner, City of Coral Gables 2. Police Department Recognition 3. Employee of the Month 4. "Certificates of Appreciation" ITEMS FOR THE COMMISSION'S CONSIDERATION: 5. Approval of Minutes: Regular City Comm UIISSION AGENDA - May 5, 1998 ission Minutes -April 7, 1998 REGULAR CITY COM 1 .................. ...... .......................... ........................... MAYOR: Julio Robaina INTERIM CITY MANAGER: Charles D. Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: May 5, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: May 19, 1998 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 IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated re presentative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentation(s): 1. The Honorable William H. Kerdyk, Jr. Comm issioner, City of Coral Gables 2. Police Department Recognition 3. Employee of the Month 4. "Certificates of Appreciation" ITEMS FOR THE COMMISSION'S CONSIDERATION: 5. Approval of Minutes: Regular City Comm UIISSION AGENDA - May 5, 1998 ission Minutes -April 7, 1998 REGULAR CITY COM 1 Special City Commission Minutes - April 13, 1998 6. City Manager's Report: 7. City Attorney's Report: CONSENT AGENDA 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER 'TO ENTER A CONTRACT WITH ACE LAWN AND TREE SERVICE, FOR INSTALLATION OF 30 VARIOUS TYPES OF TREES AT THE SOUTH AND NORTH END OF DANTE FASCELL PARK TO REPLACE CANOPY WHICH WAS DESTROYED BY HURRICANE ANDREW AND DISBURSE THE AMOUNT OF $7,117.00 FROM ESCROW ACCOUNT 001- 0000 -219 -6300, "WATER MANAGEMENT / DANTE FASCELL." (Administration /Parks & Rec.) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI CHARTER; AMENDING RESOLUTION NO. 48 -98- 10315 TO INCREASE THE MEMBERS OF THE CHARTER REVISION COMMISSION FROM FIVE TO NINE MEMBERS; PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING CATHY MCCANN TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING BRUCE HOFFMANN TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING LEE PERRY TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 2 AGENDA - May 5, 1998 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING CHUCK HARTY TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING VALTENA GIBSON BROWN TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING RALPH SMATHERS TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING MARK RADOSEVICH TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING CHARLES CHRISTIE TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATION COMMITTEE; APPOINTING RUBYSTINE ANDERSON TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HISTORIC PRESERVATION BOARD; RE- APPOINTING SCOTT KURTZMAN TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 3 AGENDA - May 5, 1998 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED DISBURSE THE SUM OF $4,403.50 TO EL TORO EXTERMINATOR OF MIAMI, INC., FOR EXTERMINATION SERVICES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1710- 519 -4670, "MAINTENANCE AND REPAIRS OF GROUNDS AND STRUCTURES ". (Administration /Public Works) 3/5 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $247,738.88 OVER A PERIOD OF TEN YEARS, AT $24,773.89 PER YEAR, TO MIAMI - DADE COUNTY FOR THE PURCHASE OF 800 MEGA -HERTZ RADIO COMMUNICATION EQUIPMENT AND CHARGE THE FUNDS TO ACCOUNT 001 - 000 - 219 -2400 ESCROW - POLICE AND COMMUNICATION EQUIPMENT. (Administration /Police Dept.) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) There are none RESOLUTION (S) PUBLIC HEARING (S) 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A REVISION OF A SPECIAL USE PERMIT FOR A "RESTAURANT GENERAL" PURSUANT TO SECTION 20 -3.4 (B') (4) (b) OF THE LAND DEVELOPMENT CODE, EFFECTING A CHANGE TO RESOLUTION NO. 151 -97- 10121, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143; PROVIDING A LEGAL DESCRIPTION; AND, PROVIDING AN EFFECTIVE DATE. (Administration /P &Z) 4/5 RESOLUTION (S) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMPLOYEES; DESIGNATION THE SECOND SATURDAY IN OCTOBER AS ARMANDO OLIVEROS, SR., EMPLOYEE /FAMILY DAY; ESTABLISHING A TRUST ACCOUNT; PROVIDING FOR AN EFFECTIVE DATE. (Vice Mayor Oliveros) 3/5 24. A RESOLUTION OF THE MAYOR AND CITY OF SOUTH MIAMI, FLORIDA, MANAGER TO ENTER INTO A CONTRACT REGULAR CITY COMMISSION 4 AGENDA — May 5, 1998 CITY COMMISSION OF THE AUTHORIZING THE CITY WITH MIGUEL LOPEZ, JR. INC.., FOR ASPHALT WORK TO BE DONE AT PALMER PARK DUE TO EROSION THAT HAS CAUSED EXTENSIVE PROBLEMS AND RELEASING FUNDS FROM ACCOUNT NO. 2000 -6430, "OPERATING EQUIPMENT.- (Administration /Parks & Rec.) 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RATIFYING NEGOTIATIONS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE (3) YEAR CONTRACT INCLUDING MODIFICATIONS, CHANGES AND AMENDMENTS DEEMED REASONABLE AND NECESSARY BY THE CITY MANAGER OR HIS DESIGNEE IN SUBSTANTIALLY THE FORM OF THE CONTRACT ATTACHED HERETO AS "EXHIBIT A" BETWEEN THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE AND THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AN ANNUAL BASE CONTRACT PRICE OF AN EQUAL AMOUNT TO $339,450.00 TO PROVIDE AFTERCARE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT AND DESIGNATING THE GENERAL PROGRAM SERVICES TO BE PERFORMED UNDER THE NAME "CITY OF SOUTH MIAMI YOUTH ACADEMY ", AND RATIFYING ACTIONS OF THE CITY MANAGER RELATED TO THE CONTRACT. (Administration /Office of Dev.) 3/5 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TO COLLABORATE AS A PARTNER IN THE SUBMISSION AND IMPLEMENTATION OF AN APPLICATION TO SOUTH FLORIDA ANNENBERG CHALLENGE, INC. FOR A PLANNING AND IMPLEMENTATION GRANT, AUTHORIZING AND APPROVING CERTAIN ACTION OF THE CITY MANAGER AND /OR HIS DESIGNEE AND AUTHORIZING AND APPROVING CERTAIN MONETARY AND NON - MONETARY CONTRIBUTION IN AN AMOUNT CURRENTLY ESTIMATED TO BE $15,000. ORDINANCE (S) FIRST READING 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PLATS; AMENDING SECTION 17 -9, OF THE CODE OF ORDINANCES, ENTITLED "PLATS- AGREEMENTS AND BOND WITH CITY RELATING TO STREETS, TERRACES, COURTS, ETC. "; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Administration) 3/5 REGULAR CITY COMMISSION 5 AGENDA - May 5, 1998 SPEAKERS PLEASE S'E 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 6 AGENDA - May 5, 1998 To: Ronetta Taylor Date: April 30, 1998 From: Charles Scurr Re: Presentation Would you please place the following presentation on the May 5th Agenda as the first presentation: Honorable William H. Kerdyk, Jr., Coral Gables Commissioner, to discuss the City of Coral Gables "Parknership Program ". I've discussed with the Mayor. Thanks for your help. VATE: it 28, 19SF.R., In February, 1996, funds of $15,000.00 were donated by the South Florida Water Management District to plant trees in Dante Fascell Park due to the destruction caused by Hurricane Andrew. Funds for this project will be allocated from the donated funds established in an escrow account, "Water Management/Dante Fascell". # 001-0000- 219-6300. I Resolution No. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER 6 INTO A CONTRACT WITH ACE LAWN AND TREE SERVICE, FOR 7 INSTALLATION OF 30 VARIOUS TYPES OF TRESS AT THE SOUTH AND 8 NORTH END OF DANTE FASCELL PARK TO REPLACE CANOPY WHICH WAS 9 DESTROYED BY HURRICANCE ANDREW AND DISBURSE THE AMOUNT OF 10 $7,117.00 FROM ESCROW ACCOUNT 001-0000-219-6300, "WATER 11 MANAGEMENT/DANTE FASCELL". 12 13 14 WHEREAS, in August, 1992, Hurricane Andrew destroyed a considerable amount 15 of tree canopies at Dante Fascell Park; and 16 17 WHEREAS, City Administration has further negotiated with the District to 18 reimburse the City $15,000.00 for canopy replacement; and 19 20 WHEREAS, these negotiations have been completed as established by the 21 resolution (62-98-10329) in February, 1996; and 22 23 WHEREAS, the City has a tree ordinance which requires replacement of tree 24 canopy(s) that have been removed or destroyed; and 25 26 WHEREAS, Phase I of two Phases will consist of planting approximately 10 27 Black Olives to be located in the vicinity of each vita course station to provide maximum 28 shade and foliage year round and a variety of 15 Native Flowering trees including 29 Poncianas, Peldeforums, Jacarandas, and South Miami Native tree the Jerusalem thorn, a 30 diverse Palm cluster Hammock, of approximately five Palms and a couple of large Oaks 31 which would enhance the park by adding multitudes of colors, variety and originality to 32 Dante Fascell park; and 33 34 WHEREAS, funds are available through the cash reimbursement negotiated with 35 South Florida Water Management District, on February, 1996, for $15.000.00 for canopy 36 replacement. 37 38 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section The City Manager is authorized to release available funds for 42 canopy replacement at Dante Fascell Park from the $15,000.00 given by the South 43 Florida Water Management District. 44 45 46 N 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Section 2. That a purchase order be awarded to Ace Lawn and Tree Service, for the amount of $7,117.00 for installation of 10 Black Olives, five (5) Palm cluster Hammock type trees, and 15 native trees, and that the disbursement of funds will come from an escrow account, 001-0000-219-6300, "Water Management/Dante Fascell", as established by the Finance Department. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of May, 1998. ATTEST: CITY CLERK 1 + 11 �11 � Microsoft Word-TrcesDantc98 r ,s.,,,,. i`.,d t - ., t ',. ` t� � ,\ s � sY +W x{ �r .wY �`tp L _ / �� CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurry 1 6 W Interim City Manager DATE: 5/1/98 AGENDA ITEM #_ q Comm. Mtg. 5/5/98 Board Appointment Mayor Robaina sponsored the attached resolution, which amends Resolution NO. 48-98-10315 to increase the members of the Charter Revision Commission from five to nine members. I recommend approval. �. RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF 6 SOUTH MIA.MI CHARTER; AMENDING RESOLUTION NO. 48-98-10315 7 TO INCREASE THE MEMBERS OF THE C"HARTE.R. REVISION 8 COMMISSION FROM FROM FIVE TO NINE: MEMBERS; PROVIDING 9 AN EFFECTIVE: DATE,. 10 11 WHEREAS, the Mayor and City Commission adopted Resolution No. 48 -98- 10315, 12 on March 3, 1998, creating' a five-member Charter Revision Commission; and:, 13 14 W H E.R,EAS, the Mayor and City Commission of the City of South Miami dcsirc to 15 increase the number of members of the Charter Revision Commission from five to nine 16 members. 17 is NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 21 Section 1, Section 1 of Resolution No. 48 -98 -10315 is amended as follows: 22 23 The City of South Miami Charter Revision Commission is hereby 24 created. The commission shall consist of#*@ nine members, who shall be 25 appointed by the mayor with the advice and consent of the city commission. 26 The city conunission states its desire that the membership of the commission 27 shall consist of at least one attorney who is licensed to practice law in the State 28 of Florida and who has expertise in the area of municipal law. The mayor is 29 requested, in appointing; members to the convidssion, to gave due consideration 30 to sclecting members bused upon principles of ethnic and gender inclusion, 31 and leadership and professional capability. The city manager shall serve as a 32 non- voting ex off civ member of the commission. 33 34 Section 2. Resolution No. 48 -98 -10315 shall remain in full force and e cet as 35 amended. 36 37 38 39 40 Pagel of 2 Section 3 This resolution sisal.) take effect immediately upon approval. 3 PASSED AND ADOPTED this Std day of May, 1998. 4 5 6 ATTEST: APPROVED: 7 8 9 CITY CLERK TTT. _ MAYOR 10 11 12 READ AND .APPROVED AS TO FORM: 13 14 15 CITY ATTORNEY 16 17 18 19 20 N: \EGallop \CSmord --res \Charter review Comin- wnd-res.doc Page 2 of 2�/ CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/1/98 AGENDA ITEM# 109. Comm. Mtg. 5/5/98 Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Cathy McCann to the Charter Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING CATHY MCCANN TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Cathy McCann to serve on the Charter Revision Commission for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Cathy McCann to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: /61 AM CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/1/98 AGENDA ITEM# FROM: Charles D. Scurr f Comm. Mtg. 5/5/98 Interim City Manager Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Bruce Hoffmann to the Charter Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING BRUCE HOFFMANN TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Bruce Hoffmann to serve on the Charter Revision Commission for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Bruce Hoffmann to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/1/98 AGENDA ITEM #A Comm. Mtg. 5/5/98 Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Lee Perry to the Charter Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING LEE PERRY TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Lee Perry to serve on the Charter Revision Commission for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Lee Perry to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: /02 CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 C hn .2 M R (L - V-Ict Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name L e e R. 2. 3. 4. 5. 6. (please pritt) HomeAddress G �� ,g G P- RR Business /✓!3 /Ve Business Address Home Phone LL-'T-V--72-6y Business Phone Educational Background t 7. Commu ity Services c.ray7 vL)) Ad;ri s, 2 1) 1 st21G.t P t p_ c> (vL c'yl L .t- f f- rz y C.0/v- AA' f- 8. Are you a registered voter? Yes \-� No 9. Are you a resident of the City? Yes__L,,� No 10. Do you have a business in the City? Yes No_�` Signature L., Date 4 i�k RESUMES WILL REMAIN ON FILE FOR ONE YEAR /70 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr 21, Interim City Manager DATE: 5/1/98 AGENDA ITEM# 14? Comm. Mtg. 5/5/98 Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Chuck Harty to the Charter Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING CHUCK HARTY TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Chuck Harty to serve on the Charter Revision Commission for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Chuck Harty to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: 13 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/1/98 AGENDA ITEM # / f Comm. Mtg. 5/5/98 Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Valtena Gibson Brown to the Charter Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING VALTENA GIBSON BROWN TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Valtena Gibson Brown to serve on the Charter Revision Commission for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Valtena Gibson Brown to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Iq �7491o'-ePL tvf e u� CITY OF SOUTH MIAMI 6130 Sunset Drive Ph (305) 663 -6340 South Miami, FL 33143 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name �a ! +�, nq & I (please 2. HomeAddress % � C S 3. Business 0), G,m; 4. Business Address ), 5. Home Phone (p (r, -7 6. Educational Backqround D So n -B Y-C LA3 0 print) Business Phone `i -7 - 6 7. Community Services n �(\l� 1WQr� Gt�S f61Ci'✓'Gri� 7G�ri�tn I�ICCV, b S �ci Y'k'P tl S C� ` t ^2v'P✓l �U�-� _ Tr-c� i rev, -- 8. Are you a registered voter? Yes ✓ No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No ;/ Signature Date `I P ` RESUMES WILL REMAIN ON FILE FOR ONE YEAR Iy CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission I FROM: Charles D. Scurr Zly Interim City Manager DATE: 5/1/98 AGENDA ITEM# Comm. Mtg. 5/5/98 Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Ralph Smathers to the Charter Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING RALPH SMATHERS TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Ralph Smathers to serve on the Charter Revision Commission for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Ralph Smathers to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Ar CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/1/98 AGENDA ITEM# FROM: Charles D. Scurr Comm. Mtg. 5/5/98 Interim City Manager Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Mark Radosevich to the Charter Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING MARK RADOSEVICH TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Mark Radosevich to serve on the Charter Revision Commission for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Mark Radosevich to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: /(0 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/1/98 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 5/5/98 Interim City Manager Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Charles Christie to the Charter Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CHARTER REVISION COMMISSION; APPOINTING CHARLES CHRISTIE TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Charles Christie to serve on the Charter Revision Commission for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Charles Christie to serve on the Charter Revision Commission. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: /I v CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 1. Name e/ //-- (�/ -p4e2 VI.Sj1 ar-' Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICAT /TO N 11< 5 e (please print) 2. 3. 4. 5. 6. HomeAddress Business Business Address Home Phone ,' - Educa 'onal B ckgropnd cZ-� 1s C p- Business Phone -" 0 l l (s 7. 8. Are you a registered voter? Yes /� No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No L/ `l Q Signature �.� %�� ��� � Date RESUMES WILL REMAIN ON FILE FOR ONE YEAR / I CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/1/98 AGENDA ITEM #_41f FROM: Charles D. Scurr Comm. Mtg. 5/5/98 Interim City Manager Board Appointment Mayor Robaina sponsored the attached resolution, which appoints Rubystine Anderson to the Education Committee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATION COMMITTEE; APPOINTING RUBYSTINE ANDERSON TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Rubystine Anderson to serve on the Education Committee for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby appoints Rubystine Anderson to serve on the Education Committee. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: FOA v CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name n itb Sl I n :L 7 (plop it nt) 2. HomeAddress 3. Business 4. Business Address 5. Home Phone Business Phone�� -�� 6. Educational Background 7. 8. 9. 10. Are you a registered voter? Are you a resident of the City? Do you have a business in the City? Yes No Yes �-/ No Yes No L--� Signature : >�� - Date4 RESUMES WILL REMAIN ON FILE FOR ONE YEAR In CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE: 5/1/98 AGENDA ITEM # I ?. Comm. Mtg. 5/5/98 Board Appointment Mayor Robaina sponsored the attached resolution, which re- appoints Scott Kurtzman to the Historic Preservation Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO HISTORIC PRESERVATION BOARD; RE- APPOINTING SCOTT KURTZMAN TO SERVE FOR A TWO YEAR TERM ENDING MAY 5, 2000 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to re- appoint Scott Kurtzman to serve on the Historic Preservation Board for a two year term ending May 5, 2000 or until a successor is duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission hereby re- appoints Scott Kurtzman to serve on the Historic Preservation Board. Section 2. The expiration date of this appointment shall expire May 5, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: Iq CITY OF SOUTH MIAMI 6130 Sunset Drive Ph (305) 663 -6340 South Miami, FL 33143 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name -- (please print) r 2. HomeAddress� 3. Business 4. Business Address 5. Home Phone 7-Business Phone rDC� : &'533 6. Educational Background 7. Community Services 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Ye j Signature cam'; '\__ Date Yes No RESUMES WILL REMAIN ON FILE FOR ONE YEAR /9 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: April 21, 1998 -a L FROM: arles D. Scurr RE: Agenda`Item # City Manager TERMITE EXTERMINATION - SYLVA MARTIN AND CITY HALL BUILDINGS IMPROVEMENTS The attached resolution seeks approval of a $4,403.50 expenditure for termite extermination procedures to be conducted at City Hall and the Sylva Martin building. The expenditure includes the first year's maintenance at a cost of $418.50. A solution to the termite problem at City Hall has been difficult to find due to the building's interconnection with the police station. The commonly used "tenting" method could lead to an adverse impact personnel inside the adjoining station. Avoid this problem requires relocating police offices, communications bureau, etc., obviously a complicated and costly proposition. An alternative to tenting is an extermination method called Tim -bor. This technique uses localized application of a foam product in the problem areas. The Tim -bor method precludes the need to relocate police station operations. Not all firms guarantee this method. However, El Toro Exterminator provides the same guarantee for Tim -bor as that typically offered for the tenting method. In addition, El Toro has the extermination services contracts at Miami -Dade County Public Schools and the City of Miami Beach. Based on these factors, the Administration recommends this firm to perform the extermination procedure. Based on the above, it is recommended that the City Commission approve the expenditure for extermination service. Attachments 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, AUTHORIZING THE CITY MANAGER TO 6 PROCEED DISBURSE THE SUM OF $4,403.50 TO EL 7 TORO EXTERMINATOR OF MIAMI; INC., FOR 8 EXTERMINATION SERVICES AND CHARGING THE 9 DISBURSEMENT TO ACCOUNT NO. 1710 -519 -4670, 10 "MAINTENANCE AND REPAIRS OF GROUNDS AND 11 STRUCTURES ". 12 13 WHEREAS, the Sylva Martin building and City Hall have a termite infestation 14 problem, and; 15 16 WHEREAS, the situation with City Hall requires an alternative method to the 17 usual tent setup employed by exterminators; and, 18 19 WHEREAS, a local firm has been identified that employs a localized application 20 method and provides the same warranty as usually granted with the tenting method; and, 21 22 WHEREAS, this firm, El Toro Exterminator of Florida Inc., has been awarded bid 23 contracts by Miami -Dade Public Schools and the City of Miami Beach. 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 City Manager be, and is hereby authorized to disburse the sum 29 of $4,403.50 to El Toro Exterminator of Florida, Inc. 30 31 Section 2. This resolution shall be effective immediately after the adoption 32 thereof. 33 34 PASSED AND ADOPTED this 21 st day of April, 1998. 35 36 APPROVED: 37 38 39 MAYOR 40 ATTEST: 41 42 43 City Clerk 44 45 READ AND APPROVED AS TO FORM: 46 47 48 City Attorney 49 50 51 52 53 City of South Miami Police Department INTER-OFFICE MEMORANDUM To: Mayor and City Commission Date: April 27, 1998 From: Mr. Charles Scurr Re: Agenda Item# I je."w a� Interim City Managea Comm. Mtg. May O5, 1998 Payment for Police Radio Equipment The South Miami Police Department entered into an Inter-local Agreement with the Miami-Dade Police Department on December 19, 1995, whereby the County acquired and agreed to operate an 800 megahertz trunking radio communications system for use by its police department. Since the city desired to continue to be a part of the County's police radio communications network a reimbursement to the County needs to be made. This is per Article 3 of the said Inter-local Agreement, which is for the cost of the equipment over a period not to exceed ten years. The total cost for the equipment was $247,738.88 creating an annual payment of $24,773.89. The South Miami Police Department is requesting disbursing the sum of $24,773.89 for the October 1, 1997 through September 30, 1998 annual payment from account 001- 000 -219 -2400 Escrow-Police and Communications Equipment, commencing June 1, 1998 and on that date every year thereafter until said amount is paid in full. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $247,738.88 OVER A PERIOD OF TEN YEARS, AT $24,773.89 PER YEAR, TO MIAMI -DADE COUNTY FOR THE PURCHASE OF 800 MEGA- HERTZ RADIO COMMUNICATION EQUIPMENT; AND CHARGE THE FUNDS TO ACCOUNT 001- 000 - 219 -2400 ESCROW - POLICE AND COMMUNICATION EQUIPMENT WHEREAS, on December 19, 1995, the City of South Miami, (hereinafter referred to as the City), and Miami -Dade County, (hereinafter referred to as the County), entered into an Inter - local Agreement whereby the County acquired and agreed to operate an 800 megahertz trunking radio communications system for use by its police department and, WHEREAS, the City desired to continue to be a part of the County's police radio communications network and, WHEREAS, Article 3 of said Interlocal Agreement provides for the City to reimburse the County for the cost of the equipment over a period not to exceed ten years and, WHEREAS, the total cost for the equipment was $247,738.88 creating an annual payment of $24,773.89 and, WHEREAS, the County, in the spirit of mutual cooperation has agreed to receive lump sum annual payments, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, Section 1: That the City Manager is authorized to disburse a sum, not to exceed $24,773.89 yearly, commencing June 1, 1998 and on that date every year thereafter until said amount is paid in full. Section 2: This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of ELI APPROVED; ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 9 1 CITY OF SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Chief Cokes Wats Jr. FROM: Lt. M. Mills DATE: July 15, 1997 SUBJECT: 800 Megahertz Radio Equipment - Payment to Metro -Dade As you know, we recently received correspondence from Metro -Dade Police Director Carlos Alvarez concerning our financial responsibility to Dade County for 800 MHz radio equipment purchased pursuant to an Inter - Local Agreement signed in 1995. The total cost of the equipment is $247,738.88. According to Director Alvarez' letter, the Agreement authorizes interest to begin to accrue on the outstanding balance as of the end of the current fiscal year (Sept. 30, 1997). The Agreement does not specifically state when interest would begin to accrue, but since we have received all of the equipment, this seems fair. Director Alvarez' letter also states that a 10% annual percentage rate will be assessed on the balance (balance after 9/30/97) . This is not what the Inter -Local Agreement states. The Agreement states that "should the county choose to finance any or all of the purchase of the system, the city agrees to include its pro -rata share of the debt service payments incurred by the county ". I have spoken to Capt. Varnell of the Metro -Dade Police Communications Bureau and to Mr. Hector Cuenca of Metro-Dade Is Finance Department. According to both, the county has not chosen to finance the system as of yet. If the county had chosen to or if it chooses to finance a',deficit in the future, it is my understanding that the annual percentage rate would more likely be between 5t and 7W. Another issue which I clarified with Mr. Cuenca pertains to language in the Agreement which requires a monthly payment to the county on the outstanding balance. Mr. Cuenca verified that the county would have no objection to the city making one or two lump payments per year as long as the payments are equal or more than what the combined monthly payments would be. I hope this information assists you, the City Manager,and the Finance Director, in determining how.to proceed in this matter. I would respectfully recommend that the 10t annual percentage rate mentioned in Director Alvarez' letter be rejected pending evidence that the county has financed the system and is paying this APR. Until the county actually secures a loan at a particular rate, it appears to me that the Agreement provides for the city to reimburse 2.1 DOM the county for the cost of the equipment for a period of up to ten years with no interest. If I may be of further service or if more information is needed, please advise. MM /esw ), t AGREEMENT 5 _1?3 L? THIS INTERLOCAL AGREEMENT is made and entered into as of this day of V e -L - 1995, by and between Dade County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY ") and the CITY of South Miami , a municipal corporation under the State of Florida, (hereinafter referred to as the "CITY. ") WITNESSETH: WHEREAS, the COUNTY has acquired and will operate an 800 Megahertz truunk ing radio commiuni cations system for use by its police department and, WHEREAS, the CITY desires to continue to be a part of the COUNTY's police radio communications network, and, WHEREAS, the COUNTY and the CITY both endeavor to provide their citizens with the best possible police services supported by up -to -date technology. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained the COUNTY and the CITY do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: ARTICLE ONE Responsibilities of the COUNTY The COUNTY agrees to: 1. Acquire a countywide 800 megahertz trunked radio • communication system (hereinafter referred to as the "SYSTEM ".) Acquisition of the SYSTEM will include all of the equipment that is required by the COUNTY, as well as the equipment that will be required by the CITY. This equipment will include, but not be limited to, mobile radio units, hand -held radios, transmitters, receivers, protocols, training materials, etc. 2. Insure that the SYSTEM is fully operational prior to disconnecting the existing radio communication system, so that the CITY's Police Department will not experience a loss of radio communications. 3. Insure that once the SYSTEM has been tested and is fully operational, it will continuously maintain all components of the SYSTEM b that have not been purchased by the CITY. This equipment may include, but not be limited to, microwave towers, dispatcher consoles, and receivers and transmitters. 4. To provide trained and qualified personnel to operate the SYSTEM on a seven (7) days a week, 24 hour a day basis. These employees may include, but not be limited to, dispatchers, communications " engineers and maintenance technicians. 5. To insure that the SYSTEM will provide the CITY with police radio communications that will be effective throughout its entire geographic jurisdiction. ARTICLE TWO Responsibilities of the CITY The CITY agrees to: 1. Purchase from the COUNTY, in accordance with Article Three, all equipment that will enable it to transmit and receive information over the COUNTY's 800 megahertz system. The quantities, types, and costs of the equipment are detailed in Attachment "A ", which is incorporated into the body of this AGREEMENT herein by reference. 2. Maintain all functional records and accounts that relate to this AGRLEMENT in accordance with generally accepted accounting principals (GAAP) and provide the COUNTY, the Florida Department of Law Enforcement, or the Federal Bureau of Investigation access to said accounts and records for auditing purposes for a period three years after the termination of the AGREEMENT. ARTICLE THREE Financing and Reimbursement Terms As stipulated in Article One, Responsibilities of the COUNTY, the COUNTY will make all the necessary arrangements to purchase the entire SYSTEM. Included in the purchase will be all of the items required by the CITY's Police Department (described in attachment "A ".) .2l The CITY agrees to reimburse the COUNTY for the cost of this equipment on a monthly basis over a period of up to 10 years. Should the County choose to finance any or all of the purchase of the System, the CITY agrees to include its prorata share of the debt service payments incurred by the COUNTY in the monthly reimbursement. The CITY will submit payments to the County's Finance Department on the 1st day of each month, until the debt instrument is retired by the COUNTY, ARTICLE FOUR Right to Offset If for any reason the CITY fails to meet its financial obligations as set forth in this AGREEMENT, the COUNTY reserves the right to offset any other sums due the CITY from any source whatsoever in an amount equal to the CITY's obligations under Article Three of this Agreement. ARTICLE FIVE Indemnification and Hold Harmless The CITY agrees to indemnify and save the COUNTY harmless from any and all, claimp, liability, losses and causes of actions arising out of any willful or negligent act, error or omission of the CITY, its officers or employees, to the extent authorized by 768.28 (1987), the laws of the State of Florida, incidental to the utilization by the CITY of any services provided by the COUNTY under this AGREEMENT; and to the extent of any such claim, liability, loss or cause of action, shall pay • all such claims and losses and costs and judgments which may issue thereon, as well as any attorney's fees incurred. ARTICLE SIX Cancellation Either party shall have the right to cancel this AGREEMENT, without penalty or stated cause, by giving the other party ninety (90) days advance written notice by certified mail. FLI ARTICLE SEVEN Correspondence It is understood and agreed that any notices or other written communications that result from or are related to this AGREEMENT shall only be considered delivered when done so by certified mail. ARTICLE EIGHT Settlement of Disputes The CITY agrees that the COUNTY Manager shall decide all questions, difficulties and disputes, of whatever nature, which may arise under or by reason of this AGREEMENT and the rendering of services and performance of obligations hereunder, and that the COUNTY's decisions hereunder shall be binding upon the parties hereto. Nothing contained in this AGREEMENT prevents either party from seeking satisfaction through a court of competent jurisdiction. ARTICLE NINE Term of the Agreement The duration of this AGREEMENT shall be indefinite and all of its terms and conditions shall remain in full force and effect until such time that the AGREEMENT is terminated or modified by mutual consent and adopted by appropriate action of the Board of COUNTY Commissioners. ARTICLE TEN Insurance The Municipality shall furnish to Dade County Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: Personal Property Coverage written on an "All Risk" replacement cost basis to cover 100% of.the value of the equipment. Dade County must be shown as an additional insured as their interest may appear and as a Loss Payee as respects this coverage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 21 The Company must be' rated no less than "B" as to management', and no less than "Class V" as to financial strength, by the latest (1986 or later) edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. ARTICLE ELEVEN Assignments The CITY's obligations hereunder are not assignable. The CITY shall not assign, transfer, pledge, hypothecate, surrender, or otherwise encumber or dispose of any of its rights under this contract, or any interest in any portion of same, without the prior written consent of the COUNTY. ARTICLE TWELVE •The paragraph headings appearing herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this AGREEMENT. No representations or warranties shall 'be binding upon either party unless expressed in writing herein. ARTICLE THIRTEEN Modifications This AGREEMENT may not be altered, changed or modified except by or with the written consent of the COUNTY and approved by appropriate action of the Board of County Commissioners. a� IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their respective and duly authorized officers the day and year first above written. it ess (ZA. , we:Z -".C' Z� 31 CDo�E, Cox v� Po`� c.;. C ® Ty HAf- AG-Eft, Witness ATTEST: HARVEY RUVIN,CLERK DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BA-:� � COUNTY MANA ER ya�ern ,� CLJ t" 4 By: _� fit, \ 2 DiPtrM CLERK a, "� "� �f77 _ Q ~a�f.. bpi•) 4 DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BA-:� � COUNTY MANA ER a METROPOLITAN DADE COUNTY, FLORIDA METRO•DADE May 6, 1997 Acting Chief Cokes Watson South Miami Police Department 6130 Sunset Drive South Miami, Florida 33143 Dear Chief Watson: METRO -DADE POLICE DEPARTMENT COMMUNICATIONS BUREAU 5680 S.W. 87TH AVENUE MIAMI, FLORIDA 33173 -1699 MAY �.`.., CHIEF'S rM,.. "' SOUTH MAIM Pi-I'1^ICE D:-T. On March 8, 1997, a letter was sent to you reminding you of your department's financial responsibility to Dade County for 800 MHz radio equipment purchased for your department under the interlocal agreement. In error, the total cost to your department under the original prices negotiated with Ericsson for purchase of radio equipment for your department was attached. The corrected cost for your, department is $247,738.88. This new cost reflects the price adjustment covered by the renegotiated contract with Ericsson. If you need further assistance, please contact me at 596 -8180. Sincerely, J< . AL ED R. MOORE Commander 20 Attachment A MUNICIPAL 800mhz RADIO EQUIPMENT REQUIREMENTS Municipality: SOUTH MIAMI Date: March 20, 1995 Equipment: Comments: 2( CITY OF SOUTH: MIAMI '1u INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: April 15, 1998 Agenda Item # '?I From: Charles D. Scurr Re: Comm. Mtg., 05 /05/98 City Manager GameWorks Restaurant REQUEST: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REVISION OF A SPECIAL USE PERMIT FOR "RESTAURANT, GENERAL," PURSUANT TO SECTION 20 -3.4 (13)(4)(B) OF THE LAND DEVELOPMENT CODE, EFFECTING A CHANGE TO RESOLUTION NO. 151 -97- 10121, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143; PROVIDING A LEGAL DESCRIPTION; AND, PROVIDING AN EFFECTIVE DATE. BACKGROUND: The applicant, Sega GameWorks, is requesting a revision to the previously approved special use permit to operate a General Restaurant as part of their facilities planned for 5701 Sunset Drive. This request includes an increase in the total area of restaurant from 4,200 square feet of gross floor area to 5,170 square feet of gross floor area. The proposal provides seating for 200 patrons. The previous approval provides seating for 100 patrons. The new GameWorks layout and design reflects an overall decrease in height of the facility from three stories to two stories. A detailed staff report is attached, and applicable Land Development Code regulations are included below: The definition of General Restaurant, special use conditions for all uses, and specific conditions for General Restaurant are included below: DEFINITION [from Section 20 -2.3; found on page 16 of the Land Development Code] Restaurant, general. Shall mean an establishment where the principal business is the sale of food and beverages to the customer in a ready -to- consume state and where the design or principal method of operation consists of either of the following: Sit -down restaurants where customers are normally provided with an individual menu and food and beverages are generally served in non - :disposable containers by a restaurant employee at the same table or counter at which said items are consumed; or, City Manager's Report: GameWorks Restaurant Special Use Permit 1 Cafeteria -type restaurants where food and beverages are generally served in non - disposable containers and "consumed on the premises. All such cafeteria -type establishments shall provide only inside or patio service on private property. Catering service shall be allowed as an additional use in the SR zoning district. In either the case of Sit -down or Cafeteria -type restaurants, public streets, rights -of -way, and sidewalks may not be used for patio or street -side services of any kind. This use may include takeout service, but exclude any service to a customer in a motor vehicle. Seating must be provided for all patrons dining on the premises. The proposed use is located in the "SR Specialty Retail / Residential zoning district and the Hometown District. A "restaurant, general" is permitted as indicated under Section 20 -7.12 (A) of the Land Development Code [use listed on page 156]; however, the use is noted by an asterisk which is explained under Section 20 -7.12 (C) [found on page 158], indicating that "uses marked with an asterisk require a special use permit." Thus, such uses must meet the requirements for special uses contained under Section 20 -3.4 and Section 20 -5.8 of the Land Development Code. These requirements are the same throughout the City, and excerpted sections are included below: SPECIAL USE CONDITIONS (A)" General Requirements [from Section 20 -3.4; found on page 40 of the Land Development Code] (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing or planned surrounding uses. (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. (B) Special Requirements [from Section 20 -3.4; found on page 41 of the Land Development Code] (4) RESTAURANTS (b) RESTAURANT, GENERAL i. All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. No services of a drive -in or of a fast food nature shall be permitted. iii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this Special Use Permit. City Manager's Report: GameWorks Restaurant Special Use Permit 2 ANALYSIS: Staff believes that the requested special use complies with the overall requirements stated under Section 20 -5.8 of the Land Development Code [found on page 111 ], regarding the required conditions for special use approval by the City Commission. Specifically, staff finds that the use meets the conditional requirements set forth in Section 20 -3.4 and that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use [Section 20 -5.8 (B)(1)(a)]; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood [Section 20 -5.8 (B)(1)(b)]; and, c) Complies with all other applicable Code provisions [Section 20 -5.8 (B)(1)(c)]. On April 14, 1998, the Planning Board voted 5:0 to recommend approval as presented. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing and adoption Planning Board Staff Report by Gregory J. Oravec Letter of Authorization from the Property Owner Letter of Intent from Applicant's Representative Reduction of the Proposed Interior Layout Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) Excerpted Planning Board Minutes from 07/08/97 Copy of Adopted Resolution No. 151 -97 -10121 Excerpted Planning Board Minutes from 04/14/98 City Manager's Report: GameWorks Restaurant Special Use Permit 3 ;...2 l RESOLUTION NO, 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA,, RELATING TO A REVISION 6 OF A SPECIAL USE PERMIT FOR A - RESTAURANT, 'GENERAL, 7 PURSUANT TO SECTION 20 -3.4 (B)(4)(b) OF THE LAND 8 DEVELOPMENT CODE, EFFECTING A CHANGE TO RESOLUTION NO. 9 151 -97- 10121, REGARDING THE PROPERTY LOCATED AT 5701 10 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143; PROVIDING A 11 LEGAL DESCRIPTION; AND, PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on July "29, 1997, the City Commission adopted 15 Resolution No. 151 -97- 10121, which granted a Special' Use Permit 16 to Sega GameWorks, L.L.C., on behalf of Bakery Associates, Ltd., 17 in order to operate a "Restaurant, General," to be located in 18 the "SR" Specialty Retail /Residential district and in the 19 Hometown District, pursuant to Section 20 -3.4 (B)(4)(b) and 20 Section 20 -7.12 (A) of the City's Land Development' Code; and, 21 22 WHEREAS, the applicant Sega GameWorks L L.C., on behalf 23 of Bakery Associates,` Ltd., has made application to revise the 24 approved plans and to increase the general restaurant area for 25 the Special Use Permit; and, 26 27 WHEREAS, the tenant space is located at 5701 Sunset Drive, 28 South Miami, Florida, 33143, as legally described in "Exhibit 1" 29 which is attached hereto; and, 30 31 WHEREAS, the property owner submitted a letter of intent 32 which authorizes the use as proposed by the applicant; and, 33 34 WHEREAS, Planning & Zoning 'staff recommends approval of the 35 application for a Special Use Permit, which recommendation is 36 based upon (a) the merits of the application. and (b) consistency 37 with the City's adopted Comprehensive Plan; and, 38 39' WHEREAS, on April 14, 1998, the Planning Board voted 5 :0 to 40 recommend approval of the Special Use Permit as presented; 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 46 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 47 OF THE CITY OF SOUTH MIAMI, FLORIDA: 48 49 GameWorks Restaurant Special Use Permit: May , 5, 1998 l a 1 Section 1. The request submitted by Sega GameWorks, L.L.C., 2 to revise the Special Use 'Permit granted on July 29, 1997, via 3 Resolution No. 151 -97 -10121 to operate a "Restaurant, General," 4 to be located in the "SR" Specialty Retail /Residential district 5 and the Hometown District, pursuant to Section '20- 3.4(B)(4)(b) 6 and Section 20- 7.12(A) of the Land Development Code, is granted. 7 8 Section 2 This approval is subject to and dependent upon 9 the restriction and limitation of the "Restaurant, General" use 10 to the property located at 5701 'Sunset Drive and as indicated on 11 the submitted plans. 12 13 Section 3 The City, Manager may revoke this approval upon a 14 determination that any other portion of the property, legally 15 described herein, is being utilized for restaurant purposes, 16 including storage, food preparation, deliveries or any services 17 related to restaurant uses, which are not authorized and 10 licensed by the City of South Miami for the subject property. 19 20 Section 4. The City Manager may revoke this approval upon a 21 determination that any other property is being utilized for 22 restaurant > purposes, and such use is related to the subject 23 property, but such use has not been authorized and licensed by 24 the City of South Miami, including storage, food preparation, 25 deliveries or any other services related to this restaurant use. 26 27 Section S. The City Manager shall have final approval and 28 authority over all matters regarding the determination of the 29 applicant's compliance with the intent of these sections. 30 31 Section 6. This resolution shall take effect immediately 32 upon approval. 33 34 PASSED AND ADOPTED this 5th day of May, 1998. 35 36 ATTEST APPROVED: 37 38 39 40 41 CITY CLERK MAYOR 42 43 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 44 Mayor'Robaina: 45 Vice- Mayor Oliveros: 46 Commissioner Feliu: 47 Commissioner Russell: 48 CITY ATTORNEY Commissioner Bethel: 49 c:\ \ Reports \ Monitor' BC #3 GameWorks Restaurant Special Use Permit: May 5, 1998 2;_ EXHIBIT 1 PARCEL 1. LOTS 3, 4 AND 5; LOTS 6 THROUGH 10 INCLUSIVE; LESS THE EAST 20 FEET; LOTS 11 THROUGH 15, INCLUSIVE, LOT 19 LYING EAST OF LOT 18 AND LOTS 20 THROUGH 32, 'INCLUSIVE AND PART OF LOT 33 AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 33, THENCE RUN NORTH 99.7 FEET THENCE RUN NORTHEASTERLY PARALLEL TO THE F.E.C. RAILWAY 47 FEET; THENCE AT RIGHT ANGLES TO THE LAST LINE, RUN SOUTHEASTERLY 80 FEET THENCE RUN SOUTHEASTERLY 68.9 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 33 WHICH POINT IS 100 FEET EAST OF THE WEST LINE OF SAID LOT 33; THENCE RUN WEST ALONG SAID SOUTH LINE 100 FEET TO THE POINT OF BEGINNING ALL IN BLOCK 1 OF CARVER'S SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. LOTS 1 AND 9, INCLUSIVE; LOTS 10 THROUGH 13, INCLUSIVE, LESS THE SOUTH 13 FEET AND LOTS 17 THROUGH 22, INCLUSIVE ALL IN BLOCK 2 OF CARVERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. THAT CERTAIN PARCEL OF LAND WHICH FORMERLY CONSTITUTED NORTH RED COURT, WHICH IS BOUND ON THE EAST SIDE BY THE WEST BOUNDARY LINE OF LOTS 21 TO 33, BOTH INCLUSIVE, BLOCK 1 OF CARVERS SUBDIVISION AND BOUNDED ON THE WEST BY THE EAST BOUNDARY LINE OF LOTS 1 TO 10 BOTH INCLUSIVE, OF BLOCK 2 OF CARVERS SUBDIVISION ON THE SOUTH BY THE NORTHERLY LINE OF SUNSET DRIVE AND ON THE NORTH BY THE SOUTHERLY LINE OF US HIGHWAY 1, ALL ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. PARCEL 2 LOTS 1,' 2, AND 33, BLOCK 1, CARVERS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6 AT PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, EXCEPT THAT PORTION OF SAID LOT 33, BLOCK 1, DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 33,' RUN NORTH 99.7 FEET TO THE SOUTHEASTERLY LINE OF DIXIE HIGHWAY THENCE ALONG SAID HIGHWAY LINE NORTHEASTERLY 47 FEET; 'THENCE AT RIGHT ANGLES TO THE HIGHWAY RUN SOUTHEASTERLY 80 FEET; THENCE SOUTHEASTERLY 68.90 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT, 33, 100 FEET EAST OF THE SOUTHWEST CORNER; THENCE WEST 100 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE ABOVE PROPERTY WHICH AS TAKEN IN AN EMINENT DOMAIN PROCEEDING BY OR CONVEYED TO THE CITY OF SOUTH MIAMI FOR STREET PURPOSES PARCEL' 3. LOTS 16 AND 18 AND `LOT 19, LYING EAST OF THE LOT 18 ALL IN BLOCK 1, CARVERS SUBDIVISION OF THE PUBLIC RECORDS OF DADE COUNTY; FLORIDA. GameWorks Restaurant Special Use Permit: May 5, 1998 3 d2l CITY OF SOUTH MIAMI © INTER- OFFICE MEMORANDUM To: Chair & Planning Board Members Date: April 9, 1998 From: Gregory J. Oravec Re: Planner J ITEM: PB -98 -006 Applicant: Sega GameWorks L.L.C. A Revision to a Special Use Permit at 5701 Sunset Drive Request: A revision to a special use permit for a "Restaurant, General," pursuant to section 20 -3.4 (B)(4)(b) of the Land Development Code, effecting a change to Resolution # 151 -97- 10121. Location: 5701 Sunset Drive South Miami, Florida 33143 BACKGROUND & ANALYSIS On April 1, 1997, the City Commission approved Resolution No. 64- 97- 10035, allocating the Shops at Sunset Place a total of 61,250 square feet of restaurant space. On July 29, 1997, the City Commission, acting pursuant to Section 20 -3.4 (B)(4)(b) of the Land Development Code, which states that "the City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for the this special use permit [`Restaurant, General']," passed Resolution No. 151 -97- 10121, approving GameWorks' request to operate 4,200 square feet of its facility as a "Restaurant, General." On February 19, 1998, GameWorks submitted an application for exterior building revisions to the Environmental Review and Preservation Board (ERPB), which included changing the facility from three levels to two levels. On March 3, 1998, ERPB approval was granted to GameWorks for said exterior building revisions. On March 17, 1998, GameWorks applied to revise the approved Special Use Permit in order to allow the following modifications to the restaurant -use located in the facility: 1. Change of layout, resulting from a three -level facility becoming a two - level facility. 2. An increase in restaurant area of 970 square feet, allowing for increased seating and food service in the proposed Party Room A, Party Room B, and VIP lounge. 3. A more defined seating area, providing for separation from the gaming area and a more "traditional" dining experience. The additional 970 square feet of restaurant space would increase GameWorks' total restaurant space to 5,170 square feet, well below the 61,250 square feet allocated by the City Commission to the Shops at Sunset Place for restaurant use. The proposed changes do not negatively impact the concept which was previously approved by the Planning Board and City Commission. Furthermore, staff has determined that the approval of the request: 1) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; 2) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and 3) Complies with all other applicable Code provisions. COMPREHENSIVE PLAN The requested revision to a special use permit for a "Restaurant, General" does not conflict with the adopted Comprehensive Plan of the City of South Miami. APPLICABLE REGULATIONS Land Development Code • Section 20 -3.4 (13)(4)(b) Special Use Conditions for a "Restaurant, General" • Section 20 -5.8 Special Use Permit • Section 20 -7.12 Hometown District Permitted Uses RECOMMENDATION Staff recommends approval with the condition that the applicant submit a revised floor plan which specifically identifies the 5,170 square feet of restaurant space. Attachments: Statement of Intent of GameWorks Letter of Authority from Property Owner, dated April 10, 1998 Floor Plan, dated April 1, 1998 Planning Board Minutes of July 8, 1997, relating to GameWorks Resolution No. 151 -97- 10121 \SM01 \Planning \PB\Reports \GameWorks Revision Staff Report. doe .Z � SIMON DEBARTOLO GROUP March 17, 1998 Ms. Janice L. Miller Director, Business and Legal Affairs Gameworks 10 Universal City Plaza, Suite 3300 Universal City, CA 91608 Via FAX # 818/866 -9797 RECEIVED JA NICE �IMIL LEE, ESQ RE: Shops at Sunset SAGA GAIMEWORKS L.L.C. Dear Janice: I've received your plans dated March 12, 1998 (Sheet # A102 -RB and A104 -RB). We approve the submission of the plans to the RPB. Please let me know the result of the hearing. Sincerely, SIMON DeBARTOLO GROUP Thomas J. Schneider Sr. Vice President - Development TJS:nr cc: Aaron Cohen w /encls. Ron Grabill w /encls. Mike Sharp w /encls. MAR 1 01998 PLAWNG DINIMI 0, NATIONAL CITY CENTER ❑ POST OFFICE BOX 7033 13 INDIANAPOLIS, INDIP.NA ❑ 46207 ❑ 317- 636 -1600 Ax APR -18 -1998 11:41 LEGHL&CONTRHCTG STATEMENT OF INTENT OF GAMEWORKS 8188669797 F. 02/03 Sega GameWorks L.L.C. ( "GameWorks ") respectfully requests that a revision to our special use permit of July 29, 1997 be granted for our restaurant to be located at the Shops at Sunset Place. Since July 1997 changes have been made to the GameWorks facility. Overall, the revisions have been made due to the evolution and growth of GameWorks as a brand. This factor has driven our venues to better address the needs of guests in providing them with more of the experience they have requested. Specifically at the Shops at Sunset Place, GameWorks has gone from a three story space with two entrances, to two levels with one main means of entry. Second, party rooms have been added to the facility to address concerns raised in a market study to meet the needs of local corporations. Third, our restaurant area has changed location within the facility to separate it from the game experience and focus more on traditional dining. The style of dining has also been enhanced from 'last food" to a "sit down" experience with wait service. The restaurant at the GameWorks Shops at Sunset Place location will offer approximately 200 seats for dining in not more than 5,170 square feet which includes our bars and back of house support areas as is more fully described in the attached floor plans. Our guests will be able to relax and dine on a wide variety of food offerings from appetizers, burgers, sandwiches, pasta, soups and salads to gourmet pizzas, fresh -cut French Fries to guilt -free desserts. The attached menu is a sample of what GameWorks currently offers it's guests at our Tempe, Arizona location. (Note this menu is subject to change based on guest desires). GameWorks also provides for our guests a complete banquet menu with items ranging from continental breakfasts to a exhibition style pasta station (menu to be provided upon request). Finally, it is also GameWorks' intent to offer alcoholic beverages to our guests, to include beer, wine, and mixed beverages, as permitted by law. 2 z APP -10 -1998 11 :42-1 LEGALKONTRACTS 81 68669797 P.03/03 April 10. 1998 Thomas Schneider Sr. Vice President Development Simon OeBartoio Group National City Center P.O. Boa 46207 Indianapolis, IN 46207 RE: GaMeWorks Shops at Sunset Place, Miami, Florida Application for RevislOn to Special Use Permit - Restayrant pear Tom: uwol Arstrc,"'4 ,L-to. The purpose of this latter is to request the approval of th a;Simon �(3e8rsrtle Grou7EP to increase 1118 total festsurant Ware footage by 170 square t for a new total square feet. This request is due to the City of South Miami's review of our p n submitted in s4pport of the Revision to Special Use PermK - Restaurant hearing on April 14, 1998. I am having the latest Plana faxed to your office for further review. Thank you for your anticipated cooperation In this matter. If you have any questions or comments with regard to the above, please foal free to contact me at (818) 666 -9767. very truly, 3anice L. Miller, Director, Busing el ILlti� and L,sgal Affairs cc: Jost House Michael Fischer John Le0M Marthelle lnomM Janathan w&V&, Cuningh>lrir Grp 1=11 Agreed to and Accepted By: Thomas J. 5 neider Senior Vice President, Development 10 Universal City Pima - suite 3300 - Universal City. CA 01600 tel: SIB-771-4263 TOTRL P.02 021 TOTAL P.03 L ° j = _- -- - = -• --IMF- - -= #- - - - - -- - --- :.- -..... _..- ........... i R Y a n Y e \ Lg R d a_ 31iu _ x I I I VIII i `r i - II ' x� (-V Ali -lrl I Al . ............. ti Mai 1C 5 ZE 46 61 -O I ul 1114;;i) \ I zz .. ......... L4 fit oc J • It [17 00 42) sill tl e. s a � � e S ^� y A All 4i r-"* �14 s c - y III i III / e NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663 -6327; Fax #: (305) 666 -4591 On Tuesday, April 14, 1998, at 7 :30 P.M. the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following: ITEM: PB -98 -006 Applicant: Sega GameWorks L.L.C. Request: A revision to a special use permit for a "Restaurant, General," pursuant to section 20 -3.4 (B)(4)(b) of the Land Development Code, effecting a change to Resolution # 151 -97- 10121. Location: 5701 Sunset Drive South Miami, Florida 33143 All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing' or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663 -6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose 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 (F.S. 286.0105). Refer to hearing number when making any inquiry. r - -- MAILING AREA - -- APPLICANT: SEGA GAMEWORKS L.L.C. OWNER: BAKERY ASSOCIATES LTD. NORTH ADDRESS: HEARING NUMBER: 5701 SUNSET DRIVE PB -97 -021 REQUEST: DATE: SPECIAL USE PERMIT JULY 8'", 1997 CITY OF SOUTH MIAMI PLANNING BOARD 2.X L SUMMARY MINUTES Planning Board Tuesday, July 8", 1997 City Commissioners' Chambers 7:30 p.m. I. Call to order and the Pledge of Allegiance to the Flag of the United States of America A. Ms. Anna Dupree, Vice - Chairperson, called the meeting to order at 7:35 p.m. I1. Roll Call A. Board members present constituting a quorum: 1. Ms. Dupree; Ms. Thorner; Mr. Basu; Mr. Lefley; and Mr. Pages B. City staff present: 1. Bill Mackey (Planning & Zoning Director); Brian Soltz (Planner); and David Struder (Board Secretary) III. Elections (Chairperson) A. As Mr. Illas' term on the Board expired this year, Mr. Basu was elected Chairperson for the year ending in March 1998. B. Following the election, the Board moved to the Remarks section and Mr. Basu invited Mr. Don DeLaney, the City's consultant for its Community Redevelopment Agency (CRA), to speak in order to provide information and generate input on the CRA. IV. Public Hearings A. ITEM: PB -97 -021 Applicant: Sega Gameworks L.L.C. Request: A Special Use Pen-nit for a "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Location: 5701 Sunset Drive South Miami, Florida 33143 1. Ms. Dupree read the request into the record. PB Min 7 -8 -97 2Ook 2. Staff presented the item to the Board, noting that the application represents the first restaurant proposed for the Shops at Sunset Place. 3. Public hearing was opened. a. Ms. Janice Miller, of Gameworks, Los Angeles, signed in to speak and represent the applicant, noting that the restaurant will be located on the third floor of the Shops and will comprise only a portion of the entire Gameworks facility located at the Shops. 4. Public hearing was closed. 5. Following the close of the public hearing, the Board briefly discussed the application, including such concerns as Gameworks' intent to offer alcoholic beverages in the restaurant and to create a dining experience in a non - traditional setting. 6. Motion: Mr. Pages moved approval of the application, as presented. Mr. Basu seconded the motion. 7. Vote: Approved: 4 Opposed: 1 (Ms. Thorner) B. ITEM: PB -97 -022 Applicant: Amoco Oil Company Request: A revision to an existing Special Use Permit for a "Gasoline Service Station" in order to permit a additional signage, as specified in § 20- 3.4(B)(5) of the Land Development Code. Location: 6350 South Dixie Highway South Miami, Florida 33143 1. Ms. Thorner read the request into the record. 2. Staff presented the item to the Board, noting background information relative to Amoco's location in South Miami, including its appearance before the City's Environmental Review & Preservation Board in 1996. 3. Public hearing was opened. a. Mr. Dick Coker, attorney, and Mr. Sergio Rodriguez, of Petropac, signed in to speak as representatives. Mr. Coker explained that, while the applicant believed additional signage would improve the appearance of the station, tonight's request involved economics as well as aesthetics, for the station lacks customary Amoco signage visible to US 1 motorists. b. Mr. Bruce Bailey, of 6231 SW 78 Street, signed in to speak before the Board. Mr. Bailey commented that he wished to acknowledge the aesthetic improvements created by the enhanced PB Min 7 -8 -97 2 Ix RESOLUTION NO. 151 -97 -10121 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," PURSUANT TO SECTION 20-3.4 (B) (4) (b) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Sega GameWorks, L.L.C., on behalf of Bakery Associates, Ltd., has made application, in order to request a Special Use Permit to operate a "Restaurant, General," to be located in the "SR" Specialty Retail /Residential district and in the Hometown District, pursuant to Section 20- 3.4(B)(4)(b) and Section 20- 7.12(A)'of the City's Land Development Code; and, WHEREAS, the property is located as part of 5701 Sunset Drive, South Miami, Florida, 33143, and is legally described in a document attached hereto and labeled as, "Exhibit 1;" and, WHEREAS, the property owner has submitted a letter of intent authorizing the future use proposed by the applicant; and, WHEREAS, Planning Division staff has recommended approval of the application for a Special Use Permit, which recommendation is based upon (a) the merits of the application and (b) consistency with the City's adopted Comprehensive Plan; and, WHEREAS, on July 8, 1997, the Planning Board voted 4:1 to recommend approval of the Special Use Permit; and, WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The request submitted by Sega GameWorks, tenant, for a Special Use Permit to operate a "Restaurant, General," which is to be located in the "SR" Specialty Retail /Residential district and the Hometown District, pursuant to Section 20 -3.4 (B) (4) (b) and Section 20- 7.12(A) of the Land Development Code, is hereby granted. Section 2. This approval is subject to and dependent upon the restriction and limitation of the "Restaurant, General" use to the project at 5701 Sunset Drive as indicated on the submitted plans. Section 3. The City Manager may revoke this approval upon a determination that any other portion of the property, legally described herein, is being utilized for restaurant purposes, including storage, food preparation, deliveries or any services related to restaurant uses, which are not authorized and licensed by the City of South Miami for the subject property. GameWorks Special Use Restaurant: Public Hearing July 29, 1997 1 ZX Res. #151 -97 -10121 Section 4. The City Manager may revoke this approval upon a determination that any other property is being utilized for restaurant purposes, and such use is related to the subject property, but such use has not been authorized and licensed by the City of South Miami, including storage, food preparation, deliveries or any other services related to this restaurant use. Section 5. The City Manager shall have final approval and authority over all matters regarding the determination of the applicant's compliance with the intent of these sections. Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 29th day of July, 1997. ATTEST: i SIT _J/ 'RON READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Price: Vice Mayor Robaina: Comm. Oliveros: Comm. Bethel: Comm. Young: 5 -0 Yea Yea CA ... \ rep i9 z z onitor BC #2.doc Yea Yea GameWorks Special Use Restaurant: Public Hearing July 29, 1997 2 ;ZZ. 4 SUMMARY MINUTES REGULAR MEETING PLANNING BOARD Tuesday, April 1.4, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order at 7:32 p.m. IL Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Basu, Mr. Morton, Ms. Chimelis, and Ms. Dupree B. Board members absent 1. Ms. Thorner and Mr. Lefley C. Staff members present L Bill Mackey (Planning & Zoning Director); Greg Oravec (Planner); and David Struder (Board Secretary) III. Public Hearings A. ITEM: PB -98 -006 Applicant: Sega GameWorks L.L.C. Request: A revision to a special use permit for a "Restaurant, General," pursuant to section 20 -3.4 (13)(4)(b) of the Land Development Code, effecting a change to Resolution # 151 -97- 10121. Location: 5701 Sunset Drive South Miami, Florida 33143 1 Mr. Morton read the request into the record. 2. Staff presented the item to the Board. PB Min 04 -14 -9$ 1 aok a. Staff reviewed their memorandum, A Revision to a Special Use Permit at 5701 Sunset Drive, for the record, explaining that the application represents a revision to the approved special use permit. b. Staff outlined the modifications that have _been applied for and noted their recommendation for approval, as shown in the memorandum. 3. Prior to the public hearing, the Board and staff reviewed the application. a. In response to Mr. Morton's inquiry regarding the 61,250 square feet allocated for restaurant use at The Shops at - Sunset Place, staff explained that only GameWorks has applied for special use permit approval thus far. b` Mr. Basu asked about a master plan showing tenants for The Shops, stating that he had concerns as to the locations of restaurant tenants within the project, particularly in regard to choosing sites, such as along Sunset Drive, that would encourage pedestrian activity. c. Staff responded that they have a tenant list, which is subject to change, and that they would create a template showing a plan of approved tenants and would present it at a future meeting of the Planning Board. d. Mr. Mackey added that, in regard to The Shops, staff has "lobbied" extensively to have restaurants and /or sidewalk cafes locate on Sunset Drive: e. In further discussion, Mr. Morton inquired as to the inclusion of a bar within GameWorks, and staff replied that, as The Shops is located in the Hometown District, the complex is exempt from distancing requirements for residences. 4. Public hearing was opened. a. Mr. Jonathan Watts, of the Cunningham Group, signed in to speak as a representative, and he opened by explaining that GameWorks has gone through several changes since receiving its last approval. b. Mr. Watts noted changes that have taken place, including the reduction from three levels to two levels and the rearrangement of the floor plan, in order to bring the restaurant to the front of the tenant space. c. Mr. ,Watts explained that additional square footage is being requested in the updated application, with a bar on each level and two party rooms and a VIP lounge on the second level. d. Mr. Watts presented revised drawings, indicating a total of 5,170 square feet of restaurant space, for review at tonight's meeting. PB Min 04 -14 -98 2 e. Mr. Morton asked the applicant to be cognizant of determining proper occupant load for the proposed 200 seats at GameWorks. f. Mr. Basu inquired as to the reasoning for the requested changes, and Mr. Watts responded that demographics and experience, particularly with other GameWorks' locations, including Las Vegas, provided impetus for the proposed changes. g. As discussion continued, Mr. Basu noted the importance that the tenant spaces work well not only for the particular lessee but also for the complex in general. It. Ms. Chimelis noted that in the letter from GameWorks to Mr. Thomas Schneider, of Simon DeBartolo Group, dated April 10, 1998, it appears that the increase in square footage will be by 170 square feet, as opposed to 970 square feet shown in staffs aforementioned memorandum. i. Mr. Watts responded that the figure of 170 square feet is a technicality, based on information contained in other documents, and that the new total of 5, 170 square feet is correct. j. In response to Mr. Morton's question, Mr. Joel Houser, project manager with GameWorks, spoke as a second representative and stated that the establishment plans to open October 9, 1998. 5. Public hearing continued. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in to speak before the Board. Mr. Tucker, speaking in reference to Mr. Basu's earlier comments involving location, opined that "location is everything" for businesses such as restaurants, stores, etc. b. Mr. Tucker continued by asking the City to be mindful of and adhere to Section 20 -7.12, Permitted Uses, of the Hometown District Overlay Ordinance. 6. Public hearing was closed. 7. Motion: Mr. Morton moved approval of the application, as presented. Ms. Dupree seconded the motion. 8. Vote: Approved: '5 Disapproved: 0` IV Approval of Minutes A. Minutes for March 31, 1998 1. The Board duly voted on and approved the minutes for March 31, 1998, as submitted. 2. Vote: Approved: 5 Disapproved: 0 PB Min 04 -14 -98 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 5/5/98 5701 SUNSET DRIVE in the ...................... XXXXXX. X................................ Court, was published in said newspaper in the issues of Apr 24, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation an discou rebate commission or r the purpose Y , of secu " g this advertisement blicati n in the said SWbrjYto and subscribed r e this 2 .ril 98 of.......... .......... ....� ....... .... .D.19...... NOTICE 1S 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, May-5,1998, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following:_ A- REVISION TO A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL;" PURSUANT TO SECTION 2D- 3.4 (B)(4)(b) OF THE LAND DEVELOPMENT CODE, EFFECTING A CHANGE TO RESOLUTION #151 -97- 10121, RELATING TO THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, SOUTH MIAMI, FLORIDA. Inquiries concerning this item should be directed to the Planning & Zoning Department at: 663 -6326. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant tc 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. 4/24 98- 3-042419M (SEAL) ' O+= FICIA! NOTARY ARA REAL E,�,F JANETT LLvRENA Octelma V. Ferbeyre personally know 1, n cor.?nisse� ra.;naE9 CC566004 My colmUl eriPl EX21i JUNE 23,2000 22 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 5/1/98 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 5/5/98 Interim City Manager - , Employee Annual Picnic Vice Mayor Oliveros sponsored the attached resolution, which honors city employees at an annual picnic at no charge to the City. This event Armando Oliveros, Sr., Employee Family & Friends Day in memory of Vice Mayor Oliveros' father will be held on the second Saturday of each year in October. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EMPLOYEES; DESIGNATING THE SECOND SATURDAY IN OCTOBER AS ARMANDO OLIVEROS, SR., EMPLOYEE FAMILY & FRIENDS DAY; ESTABLISHING EMPLOYEE PICNIC TRUST ACCOUNT NO. 001- 0000- 219.86.00 ESCROW - EMPLOYEE PICNIC; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Vice Mayor Armando Oliveros, Jr., along with the City Commission recognizes the advantage of having good loyal, dedicated and committed employees; and WHEREAS, it is Vice Mayor Oliveros' wish to show appreciation and a heartfelt thank you to the city's employees for their outstanding contributions to the community; and WHEREAS, at no expense to the City and in memory of his father Vice Mayor Oliveros wishes to designate the second Saturday in October as Armando Oliveros, Sr., Employee Family & Friends Day; and WHEREAS, funds for this an annual picnic honoring South Miami employees will be solicited and disbursed from Account No. 001 - 0000 - 219.86.00 Escrow Employee Picnic. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the second Saturday in October of each year is hereby designated Armando Oliveros, Sr., Employee Family & Friends Day. Section 2. Funds for this event will be solicited and deposited into Account No. 001 - 0000 - 219.86.00 Escrow Employee Picnic. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell: Commissioner Bethel: Commissioner Feliu: P3 FROM: Charles Scurr City Manager �-* : Wo BMW Funds for this project will be allocated from the donated funds establishei in an escrow account, Operating Equipment # 2000-6430. I ScurrWpalmer 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 ENTER INTO A CONTRACT WITH MIGUEL LOPEZ JR., INC., FOR ASPHALT WORK TO BE DONE AT PALMER PARK DUE TO EROSION THAT HAS CAUSED EXTENSIVE PROBLEMS AND RELEASING FUNDS FROM ACCOUNT #2000- 6430, "OPERATING EQUIPMENT". WHEREAS, pursuant to Article 111, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $1,000.00; and WHEREAS, Palmer Park has developed extreme erosion causing clay loss, water drainage problems and safety concerns; and WHEREAS, a project consisting of asphalting the area of the concession stand, restrooms, offices, and storage areas will provide elevation and access to the Handicapped; and WHEREAS, this project will aesthetically enhance the park, provide for safer surroundings and prevent field water run off, allowing us to be within Derm standards, and Florida League of Cities recommendations as well. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order be awarded to Miguel Lopez, Jr., Inc., for the amount of $5,457.00 for correcting the eroded asphalt at Palmer Park. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of May, 1998. � �00 CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY microsoft Word-TreesDante98 aY Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, FL 32853 -0065 March 9, 1998 Mr. Hakeem K. Oshikoya Finance Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 AMUUM& F(!r FLORIDA IFAGUE OF CITIES RE: 2"d Quarter Watchlist (property/liability) March 2, 1998 Dear Hakeen, This correspondence will acknowledge my visit to your City on the above date. (407) 425 -9142 (800) 445 -6248 Suncom 344 -0720 Fax (407) 425 -9378 During the 1 � quarter of the 1997 - 1998- policy year, under the property/liability policy the City had a loss ratio of 0 %. During my visit, I felt it necessary to assess several parks relative to liability concerns. I had the pleasure of meeting with Mr. Doug Baker, Park Maintenance Supervisor, who accompanied me and briefed me on upcoming changes within the parks visited. I was impressed with the positive changes taking place within the parks. The following is an account of the parks inspected and any recommendations developed: 1. Palmer Park The recommendations offered during my October 1997 visit are currently being addressed. a. 10% of the chain link fence has been replaced. b. Bleacher caps replaced, with additional caps ordered. c. Replaced damaged bleaches - ordered three. d. Paving of areas around the shelter area. e. Installation of Polly -Cote plastic tubing on the top portions of exposed chain link fence. No additional recommendations are being offered at this time. 2. J. E. Murray Park Recommendation 98 -3 -1: Cap the right field fence with the Polly -cote protective tubing. Recommendation 98 -3 -2: Paint the top of all sprinkler caps yellow for proper delineation. Recommendation 98 -3-3: Install protective padding on the left field transformer pole. Florida Municipal Insurance IYust hr 9 CL. �D 149 C A W J ' ►1 � 'If � -t Sri �I �I �i i J to n e * "CIY a re4 -r n - 0 � RI ra -S .r D x n .p 4 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & City Commission FROM: Charles Scurf City Manager DATE: May 5, 1998 Agenda Item # Comm. Mtg. 5/5/98 RE: State of Florida Department of Juvenile Justice Contract This Resolution authorizes the City Manager to execute a three (3) year contract between the Florida Department of Juvenile Justice ("DJJ") and the City of South Miami. The City agrees to provide after care services in accordance with DJJ regulations to youth referred by DJJ for which DJJ will pay cost of $339,450.00 annually. In August 1997, at the request of the Office of the Mayor, the Office of.Development prepared an unsolicited grant proposal to DJJ to provide and After School Tutorial Services to juveniles between the ages of 14 - 18 years of age. In response to DJJ reviews, the proposal was expanded to include a girls only program and the City was encouraged to began implementation. of the After School Program. Pursuant to Resolution No. 9 -98- 10276, on January 6, 1998 the Commission approved $10,000.00 in expenditures from the police forfeiture fund to seed the DJJ funding initiative. In March 1998, the City received official written notification of DJJ's intent to contract.. In March, then City Manger, Diana Morris, Finance Director, Hakeem Oshikoya and M. L. Carstarphen, Office of Development Director negotiated contract terms, including price to provide services. The Resolution designates the Program name: "City of South Miami Youth Academy ". RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 2 OF CITY OF SOUTH MIAMI, FLORIDA, RATIFYING 3 NEGOTIATIONS AND AUTHORIZING THE CITY MANAGER 4 TO EXECUTE A THREE (3) YEAR CONTRACT INCLUDING 5 MODIFICATIONS, CHANGES AND AMENDMENTS 6 DEEMED REASONABLE AND NECESSARY BY THE CITY 7 MANAGER OR HIS DESIGNEE IN SUBSTANTIALLY THE 8 FORM OF THE CONTRACT ATTACHED HERETO AS 9 'EXHIBIT A" BETWEEN THE FLORIDA DEPARTMENT OF 10 JUVENILE JUSTICE AND THE CITY OF SOUTH MIAMI, 11 FLORIDA, APPROVING AN ANNUAL BASE CONTRACT 12 PRICE OF AN AMOUNT EQUAL TO $339,450.00 TO 13 PROVIDE AFTERCARE SERVICES IN ACCORDANCE WITH 14 THE TERMS AND CONDITIONS OF THE CONTRACT AND 15 DESIGNATING THE GENERAL PROGRAM SERVICES TO 16 BE PERFORMED UNDER THE NAME "CITY OF SOUTH 17 MIAMI YOUTH ACADEMY", AND RATIFYING ACTIONS OF 18 THE CITY MANAGER RELATED TO THE CONTRACT. 19 20 21 WHEREAS, the City supports and encourages healthy lifestyle activities 22 and the rehabilitation of its delinquent youth; and 23 24 WHEREAS, the prevention of criminal activity and recidivism among 25 youth ages 10 - 17 years continues to escalate throughout the State; and 26 27 WHEREAS, the Office of Development, prepared and submitted a 28 proposal (the "Proposal:) to provide post commitment service to adjudicated youth 29 ("Aftercare Services ") under contract with the State of Florida Department of 30 Juvenile Justice (`DJJ"); 31 32 WHEREAS, DJJ has reviewed and accepted the Proposal as modified; 33 34 WHEREAS, the City has negotiated a contract price for services of an 35 amount equal to $339,450.00 (for the first year of operation), or $1,018,350.00 36 for the three (3) year contract term period; 37 38 39 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 41 42 Section 1. That the Mayor and Commission authorize the City 43 Manager to execute a contract between the Department of Juvenile Justice and the 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 City to provide Aftercare Services, substantially in accordance with the proposed terms, conditions, all as is more fully set forth in the form of the contract, attached hereto as Exhibit A, with such changes as in the judgment of the City Manager, he deems necessary, required and in each such case approved by DJJ . Section 2 That the City Manager and /or his designee is authorized to implement services under the contract between the City and Department of Juvenile Justice, substantially in accordance with the proposed terms, conditions and after care program services and providers as is more fully described in the proposal, and as may be requested, required, and /or approved by Department of Juvenile Justice. Section 3. That the Mayor and City Commission hereby approves the negotiated year one (1) contract price in an amount equal to $339,450.00. Section 4 That the After Care services to be provided under the contract shall be provided under the name "City of South Miami Youth Academy ". Section 5 This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5th day of May, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR March 19 1997 Contract # k7027 1'. THE DEPARTMENT AGREES: 3. Termination for Default A. Contract Amount Unless the provider's breach is waived by the department To pay for contracted services according to the conditions of in writing, the department may, by written notice to the Section A in an amount not to exceed $339,450.00 provider, terminate this contract upon notice. If applicable, subject to the lawful availability of funds. The State of Florida's the department may employ the default provisions in performance and obligation to pay under this contract is Chapter 60A 1.006(4), Florida Administrative Code. contingent upon an annual appropriation by the Legislature. The Waiver of breach of any provisions of this contract shall not costs of services paid under any other contract or from any other be deemed to be a waiver of any other breach and shall source are not eligible for reimbursement under this contract. not be construed to be a modification of the terms of this contract. The provisions herein do not limit the B. Contract Payment department's right to remedies at law or to damages. Section 215.422, Florida Statutes, provides that agencies have 5 working days to inspect and approve goods and services, unless 4. All termination notices shall be sent by certified mail, or bid specifications or the purchase order specifies otherwise. With other delivery service with proof of delivery. the exception of payments to health care providers for hospital, C. Notice and Contact medical, or other health care services, if payment is not available 1. The name, address and telephone number of the contract within 40 days, measured from the latter of the date the invoice is manager for the department for this contract is: received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller Eric Stark pursuant to Section 55.03, Florida Statutes, will be due and 3510 Biscayne Blvd payable in addition to the invoice amount. To obtain the Miami, Fl. 33137 applicable interest rate, please contact the Agency's Fiscal (305) 571 -5740 Section at (904) 921 -2186 or Purchasing Office at (904) 921 -6586. Payments to health care providers for hospitals, 2. The name, address and telephone number of the medical or other health care services, shall be made not more representative of the provider responsible for than 35 days from the date of eligibility for payment is determined, administration of the program under this contract is: and the daily interest rate is .03333 %. Invoices returned to a vendor due to preparation errors will result in a payment delay. Ronald Carter Invoice payment requirements do not start until a property City of Florida City /Police Dept. completed invoice is provided to the agency. 404 West Palm Drive C. Vendor Ombudsman Florida City,Flodda 330334 -0507 A Vendor Ombudsman has been established within the 3. In the event that a different department contract manager Department of Banking and Finance. The duties of this individual or provider representative is designated after contract include acting as an advocate for vendors who may be execution, notice of the name and address of the new experiencing problems in obtaining timely payment(s) from a contract manager or representative will be rendered in state agency. The Vendor Ombudsman may be contacted at writing to the other party and said notification shall then be (904) 48&2924 or by calling the State Comptroller's Hotline, attached by each party to originals of this contract. 1- 800 - 848 -3792. D. Renegotiation or Modification III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: 1. Modifications of provisions of this contract shall only be A. Effective Date valid when they have been reduced to writing and duly 1. This contract shalt begin at 12:01 a.m. signed by. all parties observing all the formalities of the or on the date which the contract has been signed by s n signed original contract. The department is not obligated to pay for hi both parties, whichever is later. costs related to this contract that were incurred prior to the date of contract execution or after the termination date. 2. This contract shall end at midnight on 03/31/98 The parties agree to re- negotiate this contract if federal subject to any written renewals or extensions agreed upon and /or state revisions of any applicable laws, or regulations by the parties. make changes in this contract necessary. B. Termination 2. The rate of payment and the total dollar amount may be 1. Termination for Convenience adjusted retroactively to reflect price level increases and This contract may be terminated by the provider upon no changes in the rate of payment when these have been less than ninety (90) calendar days notice, without cause, established through the appropriations process and at no additional cost, unless* a different notice period is subsequently identified in the department's operating mutually agreed upon by both parties. The provider must budget. be operating in a state of compliance with the terms and conditions of the contract at the time the notice is issued E. Name, Mailing and Street Address of Payee and must remain compliant for the duration of the performance period. The contract may be terminated by 1. The name (provider name as shown on page 1 of this the Department upon no less than thirty (30) days notice, contract) and mailing address of the official payee to whom without cause, at no additional cost, unless a different the payment shall be made: notice period is mutually agreed upon by the parties. 2. Termination Because of Lack of Funds City of Florida City In the event funds to finance this contract become � Hall, 404 West Palm Drive unavailable,, the department may terminate the contract Florida City, Florida 330334 -0507 upon no less than twenty four (24) hours notice in writing to the provider.' The department shall be the final authority as to the availability of funds. f� (� r 7 Revised 03I3�� :J CJL�JQ March 19 1997 2. The name of the contact person and street address where financial and administrative records are maintained: Mark Ben -Asher Finance Director,City Hall 404 West Palm Florida City, Florida 33034 -0507 (305) 247 -8221 F. All Terms and Conditions Included This contract and its sections as referenced, A.B:C.D E.F G Contract # k7027 contain all the terms and conditions agreed upon by the parties. G. Venue The venue for all legal and administrative proceedings construing this contract shall be Leon County, Florida. This contract shall be governed by, and construed under, the laws of the State of Florida. IN WITNESS THEREOF, the parties hereto have caused this page contract to be executed by their undersigned officials as duly authorized. PROVIDER STATE OF FLORIDA, DEPARTMENT OF City of Florida City JUVENILE JUSTICE SIGNED BY: NAME: Otis T. Wallace TITLE: Mayor SIGNED BY: NAME: Voodrow Harper TITLE Deputy Secretary DATE: ' _ 'Z[' (% DATE: s FEDERAL ID NUMBER (or SS Number for an Individual): 230332488954 -c STATE AGENCY 29 DIGIT SAMAS CODE: CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 9903,9 Ravi" 05/30M CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & City Commission DATE: May 5, 1998 Agenda Item !J Comm. Mtg. 5/5/98 FROM: Charles Scurr RE: South Florida City Manager Annenberg Challenge, Inc. The South Florida Annenberg Challenge, Inc., is an arm of the Annenberg Foundation ( "Annenberg ") which has approximately $100 million dollars to spend among Miami -Dade, Broward and Palm Beach Counties. Four local Miami -Dade Public Schools, the Miami Herald, Florida International University and the City of South Miami ( "CityDesk") have collaborated to seek a $500,000.00 grant to underwrite the cost of a pilot program to improve literacy. CityDesk held monthly working group meetings and in December, CityDesk submitted an application to Annenberg for a $25,000.00 planning grant. The grant proposal required a cash match or cash valuable contribution from the partners. The City Manager approved the allocation of personnel time (excluding the time devoted by the Office of Development) to create and refine a website for use in the CityDesk curriculum model. The estimated value of these services are $8,000.00. The City Manager also agreed that to allow the use of City's computer hardware and software, estimated value $7,000.00. Accordingly, the $15,000.00 contribution does not require direct additional cash expenditures, but ratifies the action of the City Manager and formalizes the support and participation by the City in the grant application/implementation process. RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 2 OF THE CITY OF SOUTH MIAMI, FLORIDA, TO 3 COLLABORATE AS A PARTNER IN THE SUBMISSION AND 4 IMPLEMENTATION OF AN APPLICATION TO SOUTH 5 FLORIDA ANNENBERG CHALLENGE, INC. FOR A 6 PLANNING AND IMPLEMENTATION GRANT, 7 AUTHORIZING AND APPROVING CERTAIN ACTION OF 8 THE CITY MANAGER AND /OR HIS DESIGNEE AND 9 AUTHORIZING AND APPROVING CERTAIN MONETARY 10 AND NON - MONETARY CONTRIBUTIONS IN AN AMOUNT 11 CURRENTLY ESTIMATED TO BE $15,000.00. 12 13 14 WHEREAS, certain persons and organizations namely, Ludlam Elementary 15 School, South Miami Elementary School; South Miami Middle School; South 16 Miami Senior High School; Miami Herald; Florida International University and the 17 City of South Miami, collectively, "The South Florida Annenberg Challenge 18 Partner" have collaborated to develop a grant proposal to provide creative 19 educational models to supplement the high quality of academic services currently 20 provided through the Miami -Dade County Public Schools; and 21 22 WHEREAS, it is necessary and desirable to improve the quality of life, to 23 promote literacy, support academic excellency, and cultivate job readiness, so as to 24 insure the economic, social and cultural viability of the City of South Miami (the 25 "City") as the City of Pleasant living; and 26 27 WHEREAS, the City seeks to foster those important values and objectives 28 at the least direct cost to the citizenry; and 29 30 WHEREAS, it is therefore, prudent and cost effective that the City 31 collaborates with CityDesk to promote these values and objectives; and 32 33 WHEREAS, on April 21, 1998 the Commission directed the City Manager 34 to submit a plan to develop and implement a website for the City of South Miami; 35 and 36 37 WHEREAS, City Desk seek to establish a website for the primary benefit 38 of the students to be served by the proposed programs (the "CityDesk website'); 39 and 40 41 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Section 1. That the City will cooperate to obtain the planning grant contemplated under the Planning Grant submission attached hereto as Exhibit A to include: A) The creation and connection of a City of South Miami website to include a CityDesk website, then to be linked to the websites of various Annenberg Partners. Section 2. That the City Manager is authorized and directed to take such other actions as are reasonably necessary to actualize the participation of the City as is represented and contemplated under the Annenberg Planning Grant Proposal to include the allocation of labor hours required to create and refine CityDesk website, currently estimated at a value of $8,000.00; and materials cost currently estimated at a value of $7,000.00; which when combined are not estimated to exceed in the agreement an amount equal to $15,000.00. Section 3 That the City Manager is authorized and directed to designate a liaison on behalf of the City to coordinate, facilitate and insure that the role and responsibilities of the City are meet in a consistent and professional manner which reflects the support of the City toward Annenberg CityDesk Project. Section 4. That the actions and representations of the City Manager or his designee contained in the Planning Grant and which relate to the participation and support of the City are hereby ratified and approved. Section 5 This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5th day of May, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR C2 CityDesk Pioneering New Opportunities i Collaborative Education 6200 SW 63RD COURT SOUTH MIAMI, FL 33143 TEL: 305- 667 -6702 FAX: 305 - 667 -8155 email: mccrea @bellsouth.net 11 March 1997 Ms. Vicki Augustus - Fedelia, Dade County Program Director South Florida Annenberg Challenge, Inc. 150 S.E. 2 "d Avenue Suite 404 Miami, FL 33131 An Initiative of The South Florida Annenberg Challenge Partnering: Ludlam Elementary School South Miami Elementary School South Miami Middle /Community School South Miami Senior High School The Miami Herald Florida International University The city of South Miami Planning Grant Proposal - Supplement Dear Ms. Vicki Augustus - Fedelia, Further to the continued development of our partnership, please find below a number of points of supplemental information. These represent the current status of our program development and supplement previous submittals. This supersedes previous versions where there may be any conflict or confusion. Our Obiectives: First, it is useful to re -state the objectives of CityDesk as currently conceived. We are all reminded that we have yet to enter our planning phase. While we like to state crisp, concise points, the very purpose of the planning phase is to gather additional data and gain full buy - in of teachers, parents, staff and partners. Then in the second half of the planning phase, distill that effort into curriculum and training. With that said, here are our objectives: 1.1. Improve literacy among all constituent students. 1.2. Create a pilot program that introduces a journalism model into the classroom and then teaches the full spectrum of curriculum to the full spectrum of students. 1.3. Create the program to be simple, replicable and sustainable. just as a publisher can address any skill level and any topic and never stray from reading and writing, CityDesk will use the journalism model to teach all sorts of curriculum to all levels of students. 1.4. Develop CityDesk to operate in the dual media of print and digital thus allowing participants at very different levels of technological competence to join and advance in the way that works best for them. 1.5. Introduce Service Learning techniques as teachers become comfortable with the journalism model. Service Learning will allow deeper levels of personal relevance for students who better experience the connection between school, home, community, themselves and their future. 1.6. Involve parents and the home. Develop and constantly re- develop techniques to engage parental involvement using newspapers, reading at home, home -team activities, competitions, special events, material incentives, awards and other positive reinforcements into a permanent CityDesk feature called "A Smorgasbord of Carrots" 2(e 11 March 1998 South Florida Annenberg Challenge Page 2 of 5 Planning Grant Proposal - Supplement 2 The Role of The City of South Miami: The City's primary role is to maintain a presence in the partnership so that students recognize what goes on at school is connected to their neighborhoods, their community, their families and themselves. The City will demonstrate that by: 2.1. Allowing students to interact with City officials, staff and City activities in ways that harmonize with City business. 2.2. City staff and officials occasionally dropping in on classes or CityDesk events. 2.3. The City standing ready to acknowledge outstanding achievement by CityDesk students and classes from time to time - perhaps making awards at City Commission meetings or bestowing similar honors. 2.4. The creation and connection of a City of South Miami website and a CityDesk website, then to be linked to The Herald's website, Heraldl-ink and to FI U's website. 2.5. There will be other ways that emerge in Implementation, for the City to present a vital presence for students to relate to. What will be different: The *ournalism model in the classroom will be the principal difference one can see. That will have a number of benefits including: 3.1. Deeper interest and relevance to students which has repeatedly been shown to create better performance, attendance and behavior. 3.2. Conditions conducive to collaboration with other students, other subjects, other schools, outside partners and home. 3.3. Greater integration of technology. 3.4. Expanded teacher training and skills. 3.5. Expanded community collaboration in the K -work progression. 4 Implementation of CRISS and other cutting edge reading strategies: CRISS (Creating Independence through Student owned Strategies) is a newly adopted part of the District's reading plan. CityDesk and CRISS integrate beautifully well. Other new techniques showing great results in research, such as Service Learning, are readily folded into CityDesk. 5 Our fiscal agent for the planning phase will be FIU 6 LournaLink, the after hours tutoring component: By the time the Annenberg Board reviews this (late March 98), we will have begun Journal-ink, the after hours tutoring component of CityDesk. Starting by identifying just 18 students who are struggling in reading, and an adult from each of their homes, partner volunteers will meet one night a week at South Miami Middle /Community School to work with these 'home teams' (kid + adult from home) to give them some extra help. There'll be three kids from each elementary and six from the middle and high schools, their home team partners and FIU College of Education student volunteers trained and supervised by partner Professors meeting to spend a little time working on 24 11 March 1998 South Florida Annenberg Challenge Page 3 of 5 Planning Grant Proposal - Supplement newspaper related reading activities. The activities involve writing and sharing simple pieces in various newspaper styles such as Headlines, Dear Abby, Classifieds, etc. Getting started now costs almost nothing and will provide more study through our planning phase so that our implementation plan will be so much the stronger. 7 Curriculum customization: One of our most important planning tasks is to review our curriculum materials, make selections and customize where necessary. That will be done in a series of workshops, the first of which is scheduled for 18 March 1998. Working with The Herald's NIE staff, College of Education and School of Journalism professors, school teachers, parents and administrators, we will compile CityDesk curriculum materials from the prepared NIE materials and existing text books. We then will consider each of the courses carefully to determine where there may be gaps or rough edges to the materials. Where gaps or rough edges are found, we will add, delete or modify the materials to create an homogenous CityDesk curriculum. The Herald will then print a limited number of copies to use in our training and begin making all of it available online. This is a process that can be improved and refined in the implementation phase as more courses are brought on line and more teachers join CityDesk. 8 Training: Training of teachers, staff, some parents and others will come at the very end of our planning phase and will have the benefit of what we learn during prior planning activities including focus groups and curriculum customization. It will consist of an intensive one week block for all CityDesk teachers, staff, some parents and other partner members, consisting of the following components: 8.1. Mon, Tues, half Wed: A Professor from HU's School of Journalism will teach, demonstrate and practice with the group, the basic principles of journalism including 8.1.1. Research, sources, citations and factual integrity 8.1.2. Concise, direct writing 8.1.3. Standards - What's fair game and what's off limits. 8.1.4. Deadlines, editing, prioritizing 8.2. Wed afternoon: A Miami Herald Reporter will revive the now comatose crowd with War stories from the field - Someone who talks loud and embellishes the truth. 8.3. Thurs: The Miami Herald's NIE staff will familiarize the group with Newspaper In Education materials, how to pick and choose them and how to properly use NIE in the classroom. 8.4. Fri: Professors from FIU's College of Education will teach two things: In the morning: Train teachers in process writing (JIE or Journalism In Education) - students writing, revising and sharing what they write to process their normal curriculum. Strategies that engage thinking subjects through and learning them more deeply. Then in the 11 March 1998 South Florida Annenberg Challenge Page 4 of 5 Planning Grant Proposal - Supplement afternoon, a brief introduction to Service Learning, where the process extends to students working together to select subjects, working with others to solve problems that have meaning for them personally. After this week of intensive training, trained FIU College of Education students will follow ug by spending time in classrooms working with CityDesk teachers to assist in implementing the new strategies learned. This training sequence will be studied by CityDesk partners with the view to improving and refining the process of training and on -going training in the implementation phase. 9 Technology Inventory, Standards and Budgets: As CityDesk will be dual media, print and digital, it is important for us to take stock or our infrastructure and skill levels during the planning phase. This will allow us to set standards to govern our use of technology during the implementation phase. With the help of Dr. M. O. Thiruranyanan of FIU's College of Education, who has been approached by DCPS to develop a method for doing exactly this district wide, we will inventory each campus's hardware, software and training level. We'll then analyze that data and determine what standards can reasonably be set to which each campus will insure conformity. This will yield uniformity across our partnership so that we can make use of email, the Internet, web publishing and computer use to a standard set of parameters. Also, budgets wi I I be prepared for upgrades required at sites where needed. Standards may need to be phased as technology can drink up most any size budget. This set of tasks includes all partners on all campuses. 10 Revised budget: CITYDESK PLANNING PHASE BUDGET - REVISED 3/98 Item Description No. Unit Cost/Unit Total Proiect Coordinator: For professional services including: arrange and attend all meetings and schedules, prepare agendas and minutes, conduct all focus groups and follow up reports, 1 research similar programs, coordinate technology inventory and preparation of standards and budgets, write grants, budgets, supplements, updates, general correspondence for CityDesk and to all partners, act as contact person for partnership and Annenberg, maintain CityDesk phones, faxes, emails and hardcopy files. 1 lump sum $7,500 $7,500 2 Graduate Student: from College of Education to assist the FIU Professors and the Project Coordinator - particularly with technology inventory, standards and budgets. 1 lump sum $1,500 $1,500 aU 11 March 1998 South Florida Annenberg Challenge Planning Grant Proposal • Supplement Page 5 of 5 Please call if we can answer any further questions regarding our progress. Very truly yours, 2� Student Assistant: from College of Education to 3 assist the FIU Professors and the Project 150 hours $6 $900 Coordinator - particularly with research, meeting minutes and correspondence. 4 Curriculum Customization: Teacher sub days 72 days $75 $5,400 for teachers to attend curriculum workshops 5 Training: Teacher sub days for teachers to y 90 days $75 $b,750 attend training. 6 Printing and Duplication 1 IS $1,700 $1,700 mp 7 Refreshments: for Focus groups and other I lump $1,250 $1,250 meetings sum 8 Total Annenberg Funds $25,000 Material: Initial costs of hosting, creation I lump $7,000 $7,000 and maintain website, sum Public Match: City of &7,000.00 initial cost. South Miami to create Labor: 15% of IS /GIS 9 and refine CityDesk Coordinator's salary web presence through for training, creation planning phase. and refinements of 20 % $41,000 $8,000 CityDesk website. 20% $41,000.00 $8,000.00. 10 1 Total Public Match: $15,000 11 1 TOTAL PLANNING BUDGET: $40,000 Please call if we can answer any further questions regarding our progress. Very truly yours, 2� CONTRACT# K7027 SECTION A This contract is entered into between the State of Florida, Department of Juvenile Justice, hereinafter referred to as the "Department" and the City of Florida City a local governmental entity hereinafter referred to as the "Provider ". A. SERVICES TO BE PROVIDED: I. The Provider shall develop, implement and operate an Intensive Aftercare and Re -entry program to serve a total of thirty (30) youth under the age of 18 years committed to the Department. The Provider shall be staffed to allow counselor access to youth 24 hours a day, seven days per week. The length of stay shall be a minimum of four (4) months and a maximum of nine (9) months. The Provider shall accept all youth referred to the program by the Department unless the Provider is a service capacity. The admission criteria to be used by the Department in referring and placing youth in the program are as follows: ♦ Youth will reside in Dade and Monroe County. ♦ Youth will have successfully completed a Low Risk, Moderate Risk or High Risk commitment program. ♦ All referrals will be made by Juvenile Justice case management staff or by court order. II. The Provider shall not reject or eject any youth referred without the prior approval of the Department. The Provider shall receive approval for discharges, both disciplinary and program completion, from the Department prior to the youth's release and all requests for disciplinary discharges or program transfers shall meet Departmental guidelines. The Provider shall provide all Intensive Aftercare and Re -entry services in accordance with the policies, rules and laws of the State of Florida as well as applicable standards for aftercare service programs as promulgated by the Department of Juvenile Justice Quality Assurance Standards for Aftercare/Re -Entry Services Programs and the Juvenile Justice Intervention Service Manual Chapter 4 - Aftercare, and subsequent revisions. In accordance with the Departments balanced approach to service delivery and Program Description in Exhibit I & II Section A. B. MANNER OF SERVICE PROVISION: I. The Provider Shall Provide Program Components To Include: I. Diagnostic and Evaluation Services: Delivery of diagnostic evaluation services shall begin with coordination with the Department and commitment programs to identify prospective program candidates and include placement screening and continue until successful discharge. The Provider shall provide diagnostic evaluations every two weeks to ascertain the impact of program intervention on each youth's educational, vocational, social and psychosocial development; also to assess and assign the intensity of service throughout treatment 1 CONTRACT# K7027 2. Intensive Case Management Services: The Provider shall provide Intensive Case Management services to all youth referred to the Aftercare and Re -entry program and in compliance with Department Intervention Services Manual Aftercare section (4) and Quality Assurance standards for Intensive Aftercare. Intensive Case Management services shall include intensive supervision, tracking, detailed casework planning and documentation and arrangement of specific service resources to meet identified needs of the youth family. Caseloads shall not exceed fifteen (15) youth per Counselor. The Provider shall insure at minimum three (3) contacts face to face with juvenile. One (1) face to face contact with the parents or guardian bi- weekly, and one (1) weekly evening hour telephone call with the parents or guardian to verify the whereabouts of the juvenile and collateral as needed in case plan. 3. Treatment Modalities and Counseling Services: The Provider shall utilize counseling to resolve individual and family problems having a negative impact on the youth. A treatment and counseling program shall be provided to include individual group and family counseling, mental health, vocational counseling, preparation and identification, treatment of alcohol and substance abuse issues. Youth shall be exposed to a variety of positive and challenging experiences that shall expand awareness and develop a sense of responsibility toward society. 4. Development of Social Skill Enhancement: The Provider shall develop youth social skills to include interpersonal relations, coping with authority, cooperation, decision making skills, conflict resolution and problem solving techniques. 5. Care and Custody: The Provider shall insure the care and custody of all referred youth to include proper supervision of youth during hours of program operation or service delivery, transportation and orientation of new clients upon program admission. 6. Transportation Services: The Provider shall provide transportation services for each youth as necessary to accomplish goals and objectives as outlined in the youths' treatment plan. 7. Community Service / Restitution: The Provider shall develop, coordinate and supervise court ordered community service and restitution requirements. 8. Health Services: The Provider shall present health education and hygiene programs for all youth to address personal health and well being issues, to include but not be limited to Human Sexuality, Aids/HIV transmission and risk factors, substance abuse and related subject matter. 9. Mental Health Services: The Provider shall develop an agreement with local mental health agencies or individuals to identify, arrange and monitor required specialized mental health services. The need for these services shall be identified during the initial stages of the youth's entry into the program and throughout aftercare intervention and shall be provided when required. F] CONTRACT# K7027 10. Educational/Vocational/Pre- Vocational Services: The Provider shall identify educational, vocational or pre- vocational needs and actively arrange and monitor participation in such programs to promote and expand the interest, aptitudes, skills and achievement of youth and improve employability in the community. The Provider shall establish and educational transition for juveniles to re -enter the local school systems. The Provider shall insure all juveniles under the age of (16) attend a traditional or alternative school. The Provider shall offer an educational component to meet the individual needs of all juveniles. Educational services shall include, but are not limited to testing, educational/vocational program placement, follow -up, tutorial support services and transportation services. For juveniles not attending school, tutorial services along with facilitation of G.E.D. preparation must be arranged. The Provider shall insure juveniles receive an informal education screening to determine their level of educational functioning and their specific educational needs. The DJJ case manager will when necessary accompany the juvenile and his/her family when enrolling the juvenile in school and will monitor the juvenile's school attendance and behavior. The Provider shall maintain regular contact with the school and assist in mediating any problems with school personnel. 11. Job Training and Placement: The Provider shall identify, arrange, coordinate and monitor job training activities; also, Placement resources for youth in the program to insure an orderly transition into the workplace and acceptance of work ethic. The Provider shall insure each juvenile receives employment and vocational counselling, if indicated during assessment. In keeping with needs indicated in the performance contract. The Provider shall introduce, prepare and integrate the juvenile into the world of work through part/full -time employment in the public /private sector or help coordinate placement in the military, Job Corps or other vocational type training program. 12. Follow -up: The Provider shall develop, implement and conduct follow -up for all youth who have been successfully discharged form the program; to include quarterly contact with the youth for one year to track outcome measures. II. Outcome Measures/Program Objectives: The Provider shall provide an evaluation of the program objectives which shall include pre and post documentation. Program objectives shall include prescribed competencies required for youth to make a successful reintegration into the family and community' as evidenced through school attendance and successful completion of youth's post - placement supervision. The Provider shall provide youth the opportunity to evaluate their present behavior, direction to develop and increase desired success oriented behavior and eliminate youth's disregard for society's rules. The Provider shall document evidence of compliance with outcome measures quarterly as stated below. 3 CONTRACT# K7027 The Provider's Program Objectives Shall Provide That: ♦ All youth placed in the program shall have a needs assessment/evaluation conducted and completed in less than ten (10) calendar days from admission to the program. ♦ All youth in the program shall have a discharge plan that includes specific plans for release to include education/employment follow -up and/or alternative service. Since discharge planning begins with admission, these plans shall be developed and re- evaluated as the youth progresses through the program. ♦ All youth shall participate in the appropriate school or adult education program, employment or be enrolled in a vocational /technical program for a minimum period of six (6) months following discharge. o All youth successfully discharged from the program shall maintain attendance in school or an adult education program, be gainfully employed or be enrolled in a vocational/technical program for a minimum period of six (6) months following discharge. The Department will conduct Outcome evaluations concentrating on re- offending and re- adjudication of juveniles who complete the program. The results of these outcome studies consider the content of the program, it's components, and the duration of the program: ♦ All youth admitted to the program shall successfully complete the program as defined by the Department direct discharge or post placement supervision. ♦ All youth successfully completing the program shall not be adjudicated for any subsequent act equal to, or greater than the placement offense for a period of twelve (12) months after completion. ♦ All youth completing program with outstanding restitution orders shall reduce that restitution obligation by 50% if under $1,000 or by 25% if between $1,000 and $3,000. Amounts over $3,000 shall show acceptable and regular rates of reduction. In order for the youth to be accountable for his/her actions. ♦ All youth admitted shall have a performance plan completed in less than fourteen (14) days from admission. Each performance plan shall be reviewed documented and renegotiated at least monthly while youth are in the program. ♦ All youth admitted to the program shall complete a community service project with direct relationship to their commitment offense. ♦ All youth admitted to the program shall participate in a victim awareness program and shall increase their knowledge of victims by 30 %, as measured through pre and post testing. 4 CONTRACT# FK7027 The Providers Program Measures Shall Provide That: ♦ Evaluations of the program's objectives, performance plans and outcome measures shall include pre and post documentation and prescribed competencies required for reintegration of the youth into the family and community. Examples of prescribed competencies include school attendance, achievement records and completion of post - placement supervision for each youth. ♦ The following minimum outcome measures are performance indicators of acceptable quality levels to be review throughout the period of contract performance and are incorporated as a subset of the Department's Quality Assurance Assessment Standards. In Order To Address The Youth's Competency Needs: ♦ 100% of all youth placed in the program shall have a needs assessment/evaluation conducted and completed in less than ten (10) calendar days from admission to the program. ♦ 100% of all youth in the program shall have a discharge plan that includes specific plans for release to include: education/employment follow -up, and/or alternative service. Since discharge planning begins with admission, these plans shall be developed and re- evaluated as the youth progresses through the program. ♦ 90% of all youth shall participate in the appropriate school or an adult education program, be gainfully employed or be enrolled in a vocational /technical program for a period of six (6) months. ♦ 75% of all youth successfully discharged from the program shall maintain attendance in school or an adult education program, be gainfully employed or be enrolled in a vocational/technical program for a minimum period of six (6) months following discharge. In Order To Insure Public Safety: ♦ 80% of all youth admitted to the program shall successfully completing the program shall successfully complete the program as defined by the Department direct discharge or post placement supervision.. ♦ 75% of all youth successfully completing the program shall not be adjudicated for any subsequent act equal to, or greater than the placement offense for a period of twelve (12) months after completion. ♦ 75% of all youth completing program with outstanding restitution orders shall reduce that restitution obligation by 50% if under $1,000 or by 25% if between $1,000 and $3,000. Amounts over $3,000 shall show acceptable and regular rates of reduction. In order for the youth to be accountable for his/her actions. R CONTRACT# K7027 ♦ 100% of all youth admitted shall have a performance plan completed in less than fourteen (14) days from admission. Each performance plan shall be reviewed and renegotiated at least monthly while youth are in the program. ♦ 80% of all youth admitted to the program shall complete a community service project with direct relationship to their commitment offense. ♦ 80% of all youth admitted to the program shall participate in a victim awareness program and shall increase their knowledge of victims by 30 %, as measured through pre and post testing. The Department will conduct outcome evaluations concentrating on the re- offending and re- adjucdication of the youths who complete the program, its components and the duration of the program. The minimum outcome measures shall become performance indicators for this contract renewal. C. METHOD OF PAYMENT I. This is a fixed price (unit cost) contract. The Department will pay the Provider for the delivery of service units provided in accordance with the terms of this contract for a total dollar amount not to exceed $339,450„ subject to the availability of funds F.S. 287.0582. The Department will pay the Provider based on the number of slots multiplied by the number of days in the month. The total number of program slots shall be thirty (30). II. The Department will pay the Provider for the delivery of service units provided in accordance with the terms of this contract for a total dollar amount not to exceed L,U ,450., subject to the availability of funds. Service/Units Unit Price Max # Units Total 30 slots $31 365 339,450 The Department agrees to pay the Provider for 30 available slots based on the number of units times the cost per unit times the number of days of service. In the event the contract is not executed on April 1, 1997 then the Providers invoice shall be computed as follows: $930 (daily rate) times x the number of days remaining in the month the contract is executed in, and services initiated. III. Invoice Requirements: The Provider shall submit a request for payment on a monthly basis through submission of a properly completed invoice (Exhibit II Section B) within (15) days following the end of the month for which payment is being requested. The Provider shall submit the final invoice for payment to the Department no latter than (45) days after the contract ends or is terminated. CONTRACT# K7027 Payments may be authorized only for service units on the invoice which are in accord with the above list and other terms and conditions of this contract. The service units for which payment is requested shall not either by themselves or cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by this contract. Approved budget line items may be modified only through amendment to the contract initiated by a written request which includes justification supporting the need for modification. Such modifications cannot be made retroactive to a date before the execution date of the formal amendment. A line item budget justifying the rate charged to the Department for services rendered is attached as Section B. The Provider shall submit one (1) original invoice. The original invoice shall contain an original signature of an authorized official. The Department is deemed to have received an invoice when the invoice has been received by the Department contract manager. IV. False Claim Act: False claims submitted in connection with this contract are subject to civil penalties and damages under "Florida's False Claims Act." Section 68.082, Florida Statutes. V. Staffing: Payment to the Provider shall be reduced if the Provider does not maintain the staffing pattern as stated in Section B with the staffing pattern is incorporated herein by reference. The reduction in payment shall commence after a position vacancy period of thirty consecutive calendar days. The Period of vacancy is defined as the period when the position is not filled on full time basis. This payment reduction shall accomplished by multiplying the daily compensation (this includes, but is not limited to: wages, any benefits, payroll, taxes, retirement contributions, etc.... attributable to the position) of the vacant position by the number of work days the position was vacant in that month. The product of that computation is the amount of the reduction in payment to that Provider for the month. The Provider shall submit a statement describing the monthly staffing pattern for the program with each monthly invoice. The statement shall identify all vacancies for which a reduction is required. The statement shall further provide a computation of the required invoice reduction. The monthly invoice submitted by the Provider shall request reduced payment based on any vacant positions. VI. The Provider shall submit an audited financial report showing actual revenues received and expenditures incurred; by line item for the time period the contract covers, due (40) days after termination of the contract. This report shall to be submitted consistent with Section B of this contract. VII. The Provider shall maintain records documenting the total number of recipients and name (or unique identifiers) of recipients to whom services were provided and the date(s) that the services were provided so that an audit trail documenting service provision can be maintained. The Provider shall submit on a monthly basis, a completed Contract Census report with the invoice. The Provider shall submit one original and one copy of the report to the contract manager. VA CONTRACT# FK7027 VIII Non - Performance (slots unavailable): The Provider agrees to make the contracted number of slots continuously available throughout the term of the contract. A slot is "available" only if the Provider shall accept a juvenile for admission with eight hours notice. When the contracted number of slots are not available, the Provider shall receiver a pro -rata, commensurate, reduction in payment for that month. The reduction will be equal to fifty (50 %) percent of the slot per diem rate per day for each slot that is not available. It is the responsibility of the provider to notify the Department when the contracted beds / slots are not available. ♦ The Department will not apply the vacant rate if the Department fails to provider the Provider the referrals required to fill the vacant slots available in the program. ♦ The Provider shall pro - actively seek new referrals to fill any vacant slots and assure close coordination with the Department's Commitment Team. Failure of the Provider to fill this vacant slots within seventy -two (72) hours shall result in the application of the vacant rate for the period immediate thereafter the seventy-two (72) hours immediately after the slot became vacant. The vacant slots shall be filled within twenty four (24) hours. ♦ All filled and vacant slots shall be reflected on the monthly census report.. D. SPECIAL PROVISIONS 1. Publicity: The Provider shall not permit any publicity involving Department clients for any purpose in the form of identifiable pictures or use of proper names without the written permission of each child's case manager, parent(s) or legal guardian unless required by Public Records Law. 2. Disputes And Operational Problems: The Provider shall consult with the Department's contract manager on any disputes or operational problems resulting from this agreement. The Provider shall immediately notify the client's case manager of any emotional condition, physical condition or other factors which appear to be potentially harmful to the client or staff. 3. Balanced Approach: The Provider shall be familiar with and agrees to adopt the principles and philosophy of the Balanced Approach to Juvenile Justice as described in Exhibit I to Section A. 4. Client Statistical Data And Progress Report: The Provider shall submit monthly aggregate client, service, referral, statistical data and census report to the Department on a monthly basis by the 10th of the month following the month of services were provided. The Provider shall supply the reports as required to become eligible for payment. This statistical data and progress report shall contain, but is not limited to: 8 CONTRACT# a) Number of youths enrolled that month. b) Number of new referrals. c) Number of youths leaving the program. d) Number of unduplicated youths participating year to date. e) Activities conducted that month. f) Number of volunteers participating that month. g) Number of volunteer hours contributed year to date. h) Summary of follow -up activities. K7027 The Provider shall participate in automated data collections as developed and required by the Department. 5. Insurance (a) The Provider shall at his own expense, provide and maintain during the entire performance period of this contract, the following minimum kinds of insurance, which may be in addition to other insurance requirements contained elsewhere in this contract or related documents: Type Amount (a) Worker's Compensation and Occupational Coverage in accordance with statutory limits. Employer's Liability Coverage with a minimum limit of. $100,000 (b) Automobile Liability Insurance shall be required on the comprehensive $200,000 Per Occurrence: form of policy and shall provide $500,000 Per Occurrence: bodily injury liability and property For Bodily Injury damage liability covering the $200,000 Per Occurrence: operation of all automobiles used in For Property Damage connection with performance of the contract. (b) Before commencing work under this contract, the Provider shall certify to the contract manager in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that many cancellation of any material change adversely affecting the Department's interest, shall not be effective until 30 days after insurer or the Provider gives written notice to the contract manager. (c) The Provider shall insert the substance of this clause in subcontracts under this contract that requires subcontractors to provide and maintain the insurance required in the contract. The Provider shall maintain a copy of all subcontractor's proofs of required insurance and shall make copies available to the contract manager upon request. 7 CONTRACT# FK7027 6. Security Procedures: The Provider shall develop clear, written facility procedures to ensure appropriate security of the facility at all times, as well as insuring appropriate supervision and control of youth within the confines of the facility and while in transport. The Provider shall develop daily schedules for youth, structured with sufficient supervision to insure a controlled, well - managed regime of activity. These procedures shall be developed prior to the operation of the program and shall be implemented by the Provider upon admission of youth. 7. Training: The Provider shall adhere to Section 39.024(3), Florida Statutes, which requires all staff to participate in and successfully complete any approved program of training pertinent to the Provider's area of responsibilities when directed by the Department or the Juvenile Justice Standards and Training Commission. 8. Vehicle/Equipment Maintenance And Transportation: (1) The Provider shall assume financial responsibility for all repairs, maintenance and service to all vehicles and machinery obtained through this contract: (2) The Provider shall insure vehicles used to transport children shall be maintained in safe operating conditions at all times. All costs for servicing and maintaining the equipment shall be reasonable and necessary. (3) The Provider shall insure buses or vans used to transport six (6) or more children are equipped with seat belts and a first aid kit. (4) The Provider shall insure all employees who are responsible for transporting youth shall have a valid driver's license. 9. Restitution The Provider shall require that the juveniles who have committed offenses shall reimburse the victim for damages, property loss or personal injury. The Provider shall insure a Victim Notification letter is sent to every victim indicated on the Police Report. Once the victim makes contact with the Provider a written request of losses is required. If a victim is unable to provide written verification of loss then negotiation of compensation occurs and in all cases shall include a sanction. The amount of restitution and payment schedule is noted on the Client/Family Agreement Plan and signed by the child and parent. The Provider shall make every effort to assist the child and family in making restitution payments. The Provider shall monitor all restitution payments. All payments shall be made by money order or cashier's check. The Provider shall be responsible for forwarding all restitution payments to victims to insure proper handling. A copy of the payment shall be placed in the juveniles' case file for verification. 10 CONTRACT# K7027 10. Contract Renewal This contract may be renewed on a yearly basis for no more than two (2) years or for a period no longer than the tern of the original contract, whichever is longer. Such renewals shall be contingent upon satisfactory performance evaluations ad determined by the Department's program and fiscal staff and shall be subject to the availability of funds. As specified in the Provider's response to the Request for Proposal the total cost for the contract under the first renewal will not exceed $339,450 and the second renewal will not exceed $339,450 Each renewal shall be confirmed in writing and shall be subject to the same terms and conditions set forth in the initial contract. 11. Use Of Consultants The Department's review of an outsourcing agreement associated with this contract award does not relieve the Provider of the responsibility to: (1) manage the consultant; (2) demonstrate the allowability and reasonability of consultant pricing; and (3) meet all contractual obligations. 12. Disaster Preparedness: The Provider shall maintain a current emergency disaster plan as outlined by the Bureau of Quality Assurance and participate in District Eleven; Dade County. 13. Alien Employment: The Department shall consider the employment by any contractor of unauthorized aliens a violation of section 274A (e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. 11 CONTRACT# K7027 EXHIBIT II TO SECTION A FLORIDA CITY AFTERCARE PROGRAM DESCRIPTION The Provider shall provider a structured Aftercare program based on a comprehensive approach to rehabilitate youth and their families, with opportunities for personal growth and pro - social behavior attitudes. Program hours of operation shall be 8 am to 10 p.m. weekdays and 9 am to 9 p.m. on weekends. The Provider shall provide cultural and community activities for youth to improve self esteem about school, peers, family, self and their community. These activities shall include but not be limited to: ♦ Organized Sports ♦ Field Trips, Example Museum Visits ♦ Teen Pregnancy Education ♦ Substance Abuse Education ♦ Career Education ♦ Gangs and Crime Prevention Career Counseling The provider shall provide social service to the youth that promote a stable living environment to strengthen family life. The Provider shall provide activities for home improvement, family counseling, personal responsibility, home work for students and parents, parenting skills and anger management. The Provider shall provide curfew - tracking and supervision while the youth lives at home. The Provider shall provide educational programming to encourage and support academic progress. The Provider shall insure youth are provided vocational training services, jobs skills, parenting skills, academic tutoring, food and nutrition education, problem solving, conflict resolution, decision making and victim awareness. The Provider shall establish a "Advocate Corp." which links individual youth with an adult including off -duty police officers and volunteers. The mentoring program shall service between one to three youth as big brother, tutor, personal planner, extended family member, coach and sympathetic listener. The Provider's mentors shall make periodic reports to program staff on behavior changes, school performance, emotional growth, language improvement and overall development. The Provider shall establish a Community Advisory Board which shall include one or more juvenile court judges and several community representatives. The Board will assist the Provider in making program policy, implementation and measuring program out comes. 12 O x X m z D F. � x n z x m O M rD- D m m W co 0 V) m n 9 0 -I -n O m D m Q O m n X -� Z M cn m o D z m 0 0 z -I 0 a r n CA) W IC —1 OD N O C l N W 00 N O Cn O W 0 0 0 0 0 M m m m m m z 0 m x Q w O CD r N CA) Z ;a C to Cl) D O to C m 0o _ O D 0 m 1 m O C m a) m D co � m 00 DD -n r CO 00 �I 0) cn 4N w cn CD cn 0 FD' _ 0 n O p L 'a m .0 _. N n .�+ CD n N = w .. N < n m C m < N n n (D 0 Q to N CD m 3 ic D m D 0 O —I m N (D a O C iv m n2 v m a co cn � N 0 A cn a -a z w O I N 0 -� r cA C7t N W W 0) N M ~ o 0 0 o rn o w CP m 5n o 0 0 0 0 0 o cn o °o °o C) C) C) ° ° C) Co ° ° °o a -a 0 0 M D m m m m ° o o n N CID cn m cn 0 0 0 o co -°. M. 0 cmn cn cn (n m m m 70 m m a) m o, <m m m 3 = o °m m m O m m m m m m CD 0 0 0 0 CD CD m m O n o o CO) m n m m m m U) r. 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T A I., Al O 2 m n N W "0 O O (cnD n O "a (D O n O c fD a v O O C O c m n D O can cn m cc a) c p v' m D p m m o < c o CD o m CD a om c �. -a 3 a term Q � n ° j f� co w 2 v N o O •- 0 N 0 fQ O C/) CD 7 .. 3 = m D 3 m N o g . m 0 q � 0 O v a r ca O r' o'' OD � -� N Cfl 00 i 00 w OD U7 N •A �I N 4 N Cn O O O O O 00 O O O O O -4 O O O O O O O O O N cn O O O W O O O O O W O O" O O O O O O O O O O O O O O O O O O O O O O O O O O „a ffl O Efl W V7 .69 cn O 4A A N N .69 00 N O O 00 69 O NO C W D OO O O O O O CD N N O r_ =r c =7 °c x x x =r °c (D 3 CD it 0 ' O O C) V m "I 'MA „ C C 0 co O N N N o t'1 cn Y O 2 m n N W CITY OF SOUTH MIAMI YOUTH ACADEMY L DIRECT LABOR costs consist of hourly salary, health insurance, and life insurance at the standard City of South Miami rate and commensurate with the training and experience of each staff. Included in Other costs are unemployment compensation at 0.193% of salary, workman's compensation at 0.811 %, sick leave of earned at 96 hours annually, 96 vacation hours, and 92 holiday hours. 1. One Program Administrator - The Program Administrator will direct and oversee the implementation and operation of program, serve as liaison between the DJJ and the City, evaluate and make staff hiring recommendations, conduct staff orientation and coordinate organization and orientation of the community advisory board consonant with DJJ, and where applicable, in accordance with City of South Miami written policy. Compensation of an amount equal to not less than $30.00 hourly (discounted rate) for this position is consistent with the education, experience skills of the Expert Consultant. 2. One Program Coordinator to perform not only secretarial tasks, but to assist the Administrator in matters including but not limited to grant compliance, act as liaison in employee personnel situations, compile information for grantor reports, special reports, and maintain statistics. The salary and benefit package are within the City of South Miami standard benefits program. 3. Two Case Managers to directly supervise youth, monitor their home, community, and school performance. They are to maintain detailed records. Case manager will also coordinate and supervise recreational and social activities as directed and maintain weekly contact with youth's parents /guardian. The salary and benefit package are within the City of South Miami standard benefit program. II. MATERIAL COST 1. Telephone consists of the purchase of six (6) telephone instruments. 2. Tape recorders (3) to assist in reading skills exercises. 3. Vehicle rentals for (2) two fifteen (15) passenger vans and (1) one five passenger car. 4. Fuel for use in rental vehicles at actual cost/paid or expense to City. 5. File cabinets (3) three to store administrative and confidential client files. 6. Computer carts four (4) are for computers for cadet computer and tutorial activities. 7. Deskjet Printer(s) (2) printers to accommodate high volume documentation production / records maintenance requirements and cadet training. 8. Photo copier - (1) medium volume copier to provide on site photo copy services. 9. Swivel chairs five (5) for staff desks / computer carts. 10. Stackable chairs (30) thirty for group counseling and visitors within the facility. 11. Computers - Two (2) computers will be purchased and (2) existing public/ City owned computer(s) will be transferred to the Program. 12. Printer - one (1) HP Deskjet 855 City owned printer will be available for staff use. 13. Office supplies are general office supplies such as paper, envelopes, pencils, pens, etc. 14. Television/ VCR combination to show educational videos to cadets. 15. Office Furniture - desks / accessory/ lamps. 16. Installation of (4) four telephone lines. III, INDIRECT COST 1. Rent including all utilities for approximately 4,000 Square Feet for administrative, counseling and teaching/classroom space. 2. Internet Access / Service includes access and unlimited internet service and communication devices designed to improve staff communication and security, e.g.. (cellular telephone) for "on call" / curfew staff. IV. OTHER COST 1. Staff' mileage reimbursement for personal vehicles of staff use for authorized business travel. 2. Youth activities consists of admissions to attractions, cultural events, educational field trips, monthly youth and family activities such as cookouts. 3. Youth meals are for orientation week in aftercare, for participants required to attend program during meal periods and for etiquette training staff.. 4. Youth stipend of $5.00 per week per youth are to be given to cadets on Saturdays as incentives. 5. Staff development includes cost related to staff skills maintenance / professional development. 6. Medical / Prescription Services costs for uninsured cadets will be sought through alternative donations. 7. Counselor (1) to conduct individual counseling sessions assess needs for further specialized intervention. Compensation $20 hourly. 8. Social Work Counseling Administrator (1) direct supervision of case manager and academic staff, assist staff evaluation; participate in orientation / training of academic and core staff and advisory board; design specialized curriculum and establish academic achievement goals. Compensation rate $25 hourly. 9. Specialized Reading Facilitators will provide intensive reading skills building and support in reading. Academic staff services to be paid at a rate of $18 to $24 per hour. 10. Off -Duty Police Officers will conduct high risk security curfew checks. Compensation at a rate of $22 hourly. 11. Security / Curfew Monitor to conduct low risk curfew checks and/or accompany staff on youth activities. The services to be performed at a rate of $14 per hour. 12. Program Evaluation services to be performed by at rate $50 per hour. 13. Program Compliance services (interim program reviews) to be performed at a rate of $35 hourly. 14. Tutors - Tutorial services to enhance school activities in the areas of reading, math, and communication- Tutors will provide one -on -one support and serve as peer role models. Services will be compensated at a rate of $8 per hour. Indirect costs include City's expenses to process and maintain programmatic fiscal records, purchase signage for program, general liability insurance, audit preparation, etc. W 0 =s m 3 m 0 m wo n a m r.. Z A < 0 Z v 7� n C S � • � A A A � v P � m _ a � n n �• 3 N O b � A w w N O O O < n ° O -+ A m ^ =r w o 0 < -a n 0 > "o 3 > > a o -� O -j O A O .� o_ -� m — 0 o F c W 0 =s m 3 m 0 m wo n a m r.. Z A .9 < 0 Z v 7� n C S � • n ° � v v � m _ a � n n �• 3 N O CL A w w O O .9 A d C• A N S .J 0 o p' � D n .Z Z w O O a A v m O A 3 v ? m �+ w w` r w w 7 a a n n A w A ° 9 x0I1.DHS tn r7 � n o r, w 0 vo 3 r �A c� n cv o v � cM A u � v G O O � M � � G > O 3 0 O =7 C 7 A M � M as n o � n M tz O r O � Z o =� n • w ?S .l Z n P m > v v N V A ;v o O z < v � z Z > c M rn P "0 X �- o z z < Z rn O < C O n v r7 _ Ytz -i z O N > O z Z O n "=7 O '17 X c ^X ` 1 O z l J "0 Z En D n �m 0 T II 7I9I�3 9 H01133s on D,, r z ? cn rn MEN1111111♦11�1♦♦1♦11111111 MENNE C) MEN M MEMO MEMO- so 0 NONE M M ME No ONE 0 ME MEM z No ME ONE on son MEN r. M son son rr son c so so -0 moons soon 01 1 so son c MENNEN monsoons I u so loss on I son ME MN NEENNIN son on on I son MEN so 0 soon Elmo son > 00 on 0 0 MINIONS MEN son z MEN MEN -- jlr_jl100001000 W Em won N monsoon ONE MW - sm ENE son MEMO NINE molls molls °i■iiiiiiiiiiia iSIEMENS iiii Isom 1001011110101MINER !gmoll MMIMMIMMMM 1101 M on D,, r z ? cn U o° c ao 3 A 0 d - J n v -c � o O N a O A) A D � n D� D 1.O1-�y A_ TJ O "I b CD I O m �O M ^ O n. a w o. ^ 3 ^ rD a d n ^ I � b Cl. a o C7 A P C1: G O ru ^ G � A N n ^ CD N 0 3 O w o. w ^ m Ix C A =' 3" O. N CCD N � ^ X a n n O 0 I n Cb 3 O a rb O N `C O -c � o O N a O A) A D � n D� D 1.O1-�y A_ TJ O "I b CD I O m PART _11 Applies to this contract FINANCIAL AND COMPLIANCE AUDITS SECTION C This section is applicable, if the provider or grantee, hereinafter referred to as provider, is any government entity, nonprofit organization, or for - profit organization. An audit performed by the Auditor General shall satisfy the requirements of this section. This section is applicable, if the provider or grantee, hereinafter referred to as provider, is any government entity, nonprofit organization, or for - profit organization. An audit performed by the Auditor General shall satisfy the requirements of this section. PART I: FEDERALLY FUNDED This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000 or more in federal funds passed through the department during its fiscal year. The provider has "received" federal funds when it has obtained cash from the department or when it has incurred reimbursable expenses. Local governments shall comply with the audit requirements contained in Office of Management and Budget(OMB) Circular A -128 Audits of State and Local Governments. Nonprofit providers shall comply with OMB Circular A-133. Audits of Institutions of Higher Learning and Other Nonprofit Institutions, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year. The audit shall cover the entire organization for the organization's fiscal year. The audit report shall include a schedule a financial assistance that discloses each state contract by number. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall state whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be calculated and fully disclosed in the audit report with reference to the department contract involved. If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance report in accordance with the rules of the Auditor General, chapter 10.600 F.A.C., and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. The provider agrees to submit the required reports as shown in Part IV. The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. PART Ii: STATE FUNDED This part is applicable if the provider is a nonprofit organization that receives a total of $100,000 or more from the department during its fiscal year, which is not paid on a set state or area -wide fixed rate for service, and of which less than $25,000 is federally funded. The provider has `received" funds when it has obtained the cash from the department or when it has incurred reimbursable expenses. The provider agrees to have an annual financial audit performed by an independent auditors in accordance with the current Govemment Auditing Standards issued by the Comptroller General of the United States. Such audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed shall cover the financial statements and include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall state whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance report in accordance with the rules of the Auditor General, chapter 10.600 F.A.C., and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. The provider agrees to submit the required reports as shown in Part IV. "002.6 PART Applies to this contract PART III: CHAPTER 10.600, OR NO AUDIT REQUIREMENT This part is applicable if the provider is either (1) a for- profit organization, (2) a local government entity receiving less than $25,000 in federal funds from the department during its fiscal year, (3) a nonprofit organization receiving less than $100,000 from the department, of which less than $25,000 is federally funded, during its fiscal year, or (4) a nonprofit organization receiving a total of $100,000 or more from the department based on a set state or area -wide fixed rate for service, of which less than $25,000 is federally funded. The provider has 'received* funds when it has obtained cash from the department or when it has incurred reimbursable expenses. If the provider receives funds from a grants and aids appropriation, the provider shall have an audit, or submit a n attestation statement, in accordance with the rules of the Auditor General, chapter 10.600 F.A.C. The audit report shall include a schedule of financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. The provider agrees to submit the required reports as shown in Part IV. Otherwise, if the provider does not receive funds from a grants and aids appropriation, the provider has no audit or attestation requirement required by this section PART IV: SUBMISSION OF REPORTS Copies of the audit report and any management letter by the independent auditors, or attestation statement, required by this section shall be submitted within 120 days after the end of the provider's fiscal year, unless otherwise required by Florida Statutes, to the following: A. Inspector General 2737 Centerview Drive Tallahassee, Florida 32399 -3100 B. Contract manager for this contract C. Submit to this address only those reports prepared in accordance with OMB Circular A-1 33: Federal Audit clearinghouse P.O. Box 5000 Jeffersonville, Indiana 47199 -5000 D. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, Chapter 10.600: Audit Manager of Local Government Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32303 The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. 0Cl0,?7 FACILITY: 3•:► PROGRAM DIRECTOR'S QUARTERLY REPORT QUARTER: o; t . pFRCtYIURtFt ; FISCAL YEAR: A. Total Number of Authorized Positions A. B. Number of Filled Positions (End of Quarter) R. C. Number of Frozen Positions (End of Quarter) . D. Number of Minority Employees (End of Quarter) D. 1. Black E. 2. Hispanic F. 3. American Indian G. 4. Other H. E. Number of Female Employees (End of Quarter) L F. Number of Employees Hired (During Quarter) 1. G. Number of Employees Terminated (During Quarter) 2. H. Comments (Any): 3. Withdrawn J. Number of Youth Admitted This Quarter K. Number of Youth Released This Quarter -..:: ..:::..... , :..::.. ....................... :::::::: : .......... ........ n..n...4. n........,......J }v }.<tin:� -} iii: }: ?< ?:Y. }i'r: }:: ^:: ^:::i:C 4:i':tiC::�ti:} }.. : .::::::: ::...:.. n....:......:..:..... ............................... ... -«< A. Average Length of Stay R. Average Daily Population . Number of Escapes D. Number of Administrative Transfer Hearings E. Number of Youth Detained in Secure Detention (Each Incident) F. Number of Youth Placed in Room Restriction (Each Incident) G. Number of Youth Physically Restrained (Handcuffed; Each Incident) H. Number of Unusual Incidents Filed L Number of Grievances Received 1. Approved 2. Denied 3. Withdrawn J. Number of Youth Admitted This Quarter K. Number of Youth Released This Quarter Comments (Any): A. Number of Volunteers B. Number of Volunteer Hours C. Programs Provided in Facility by Outside Group D. Comments (Any): G:ACCOUNTNCONTRACnQTRLYRr' T. DOC -- 00,128 A. Fire A. Description of Problem(s) (List Below): Health and Sanitation C. Fire Drills 3. List Deficiencies Below: B. 2. B. 3. E. List Corrective Action(s) Taken Below: 4. 2. 5. A. Pre-Service I . Number of Staff 2. Number of Hours B. In-Service 1. Number of Staff 2. Number of Hours A. Major Problems (List Below): A. Description of Problem(s) (List Below): 2. 2. 3. 4. B. Corrective Action Taken (List Below): B. Action(s) Taken (List Below): 4. 5. A. Pre-Service I . Number of Staff 2. Number of Hours B. In-Service 1. Number of Staff 2. Number of Hours A. Major Problems (List Below): 2. 3. 5. B. Corrective Action Taken (List Below): 4. 5. Program Director Signature `^ n.^ccnuwncow/n^cnorru,nrr.00c Print[Type Name ' Date Signed CERTIFICATION REGARDING LOBBYING SECTION D THIS FORM IS NOT APPLICABLE TO THIS CONTRACT -- _ _ r).,).o n- - Ll CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS /SUBCONTRACTS SECTION E THIS FORM IS NOT APPLICABLE TO THIS CONTRACT 00031 -F.-:'-,j FLa CITY C01119 EMPOWERMENT PHONE NO. : Jan. 21 1997 12:41PM P2 << , SI*A'1'P OP FIA.)RIVA DEPARTMENT OF JUVENILEJUSTICE CIVIL RIGHTS COMPLIANCE CHECKLIST Nragranvi -acl ,ty amc County dlr,Gt Florida City Youth Development Program Dade XI At7Jtcsi (Ant Ictcd By 755 West Palm Drive Ronald Carter City. Sutc. Zia cudc Data Tele hone Florida City, Florida 33034 1/17/97 3 READ TFLr REVERSE SYDE FOR ILLUSTRATIVE INI'ORMATION WRICFI WILL FMLP YOU IN THE COMPLETION OF TEAS FORM. PART L l BRIEFLY DESCRIBE THE CEOGRAPHIC AREA SERVED BY THE PROGRAWFACILITY AND THE TYPE OF SERVICE PROVIDED. See attached 2. POPULATION OF AREA SERVED. Source of data: Miami Herald November 16 19 I low W WA r i"--k - ro 1.9M.T r27 14 55.5 • 3.5 50 1. STAFF CURRfiNi7..Y EMPLOYED. Effective date: a 5 PART 11. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATIONS REQUIRING MORE SPACE. NA YES NO 6 Is an Assurance of Compliance on (rile with DIJ? If NA or NO, explain. 0 0 New program Assurance of Compliance to be filed NA YES NO 7 Compare staETcomposition to the population. Are stalT representative of the population? 0 If NA or NO. explain. NA YES NO A Compare the client composition to the population. Arc race and sex characteristics El 0 representative of the population? ICNA or NO, explain NA YES NO 9 Are eligibility requirements for services applied to clients and applicants without regard to 0 ` race, color, national origin. sex, age, religion or handicap? If NA or NO. explain. NA YES NO 10 Are all benefits, services and facilities available to applicants and participants in an equally O ;0 n effective manner regardless of race, sex, color. age, national origin, religion or handicap? Ir NA or NO. explain. NA YES NO I ! For In- patient services. are r00tn assignments made without regard to race, color. ® O O national origin or handicap? If NA or NO, explain 0 FROM : FLA C I TY COMM EMPOWERMENT PHONE NO. : Jan. 21 1997 12: 42PM P3 r.aftl' tl. Ut FA SEPARATE SIrFCT OF PAPER FUrt .%NY F.\PI.ANnTIONS PPQIJIRIN(; MOPE SPACE. I YES I : Is the program /factlity acces=ible to non English speaking clients' If NA or NO, explain�1 NA YES NO 13 Arc employees, applicants and participants informed of their protection against O discrimination? f((. Yes. how? Verbal X Witten X Poster X if NA or NO. explain. NA NUMBED, 14 Givc the number and current status of any discrimination complaints regarding services or r� employment tiled against the program/faeilky. NA YES NO I S. Is the progiam/facility physically accessible to mobility, hearing and sight impaired a )0 Q individuals? If NA or NO, explain. PART Ill. THE FOLLOWING QUESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES 16. Has a stir - evaluation been conducted to identify any barriers to serving handicapped ❑ individuals. and to snake any necessary modifications? If NO, explain. PART IV. FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF 550,000 OR MORE YES NO 21. Do you have a written affirmative action program? If NO, explain. 0 O YES NO 17 Is there an established grievance procedure that incorporates due process into the ❑ O resolutions of complaints? If NO, explain. YES NO 18. Has a person been designated to coordinate Section 504 compliance activities? If NO. 0 explain. YES NO 19. Do recruitment and notification materials advise applicants, employees and participants of 0 0 nondiscrimination on the basis of handicap? IrNO, explain. YES NO 20. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired individuals? If NO, explain. PART IV. FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF 550,000 OR MORE YES NO 21. Do you have a written affirmative action program? If NO, explain. 0 O ,hAarch 19 1997 Contract # k7027 STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE STANDARD CONTRACT SECTION G THE PARTIES AGREE: 1. THE PROVIDER AGREES: A. To provide services according to the conditions specified in Section A. B. State and Federal Laws and Regulations 1. The provider agrees to comply with all applicable state and federal laws and regulations. 2. If this contract contains federal funds, the provider shall comply with the provisions of 45 Code of Federal Regulations (CFR), Part 74, and /or 45 CFR, Part 92, and other apDlicable regulations as specified in Section n/a 3. If this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). The provider shall report any violations of the above to the department. 4. If this contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Section D. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager. C. Audits and Records 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the department under this contract. 2. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the department, as well as by federal personnel. 3. To maintain and file with the department such progress, fiscal, and inventory reports as specified in Section A, and other reports as the department may require within the period of this contract. 4. To provide a financial and compliance audit to the department as specified in Section C and to ensure that all related party transactions are disclosed to the auditor. S. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 6. If this contract contains federal funds, the Catalog of Federal Domestic Assistance number(s) is n/a 7. This contract is funded from a grants and aids appropriation. D. Retention of Records To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. 2. Persons duly authorized by the department and federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall have full access to and the right to examine any of said records and documents during said retention period or as long as records are retained, whichever is later. 3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate with the department to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph D.I. above. E. Monitoring 1. To provide reports as specified in Section A. These reports will be used for monitoring progress or performance of the contractual services. 2. To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this contract, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this contract. Following such inspection the department will deliver to the provider a list of its comments with regard to the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the department within the specified period of time set forth in the comments or provide the department with a reasonable and acceptable justification for not correcting the noted shortcomings. The provider's failure to correct or justify within a reasonable time as specified by the department may result in the withholding of payments, being deemed in breach or default, or termination of this contract. F. Indemnification: If the provider is a state agency or subdivision as defined in Section 768.28, Florida Statutes, only no. 2 below is applicable. Other than state agencies or subdivisions refer to no. 1. I. Pursuant to Section 768.28(11)(a), Florida Statutes, the provider agrees that it and any of its employees, agents, or subcontractors are agents and not employees of the state while acting within the scope of their duties and responsibilities to be ,performed under this contract. The provider further agrees, pursuant to Section 768.28(11)(a), Florida Statutes, to indemnify the department, upon notice for any liabilities caused by the provider or its employees' or agents' negligent or tortious acts or omissions within the scope of their employment under this contract up to the limits of sovereign immunity set forth in Section 768.28(11)(a), Florida Statutes. The provider further agrees to defend the department and to hold it harmless, upon receipt of the department's notice of claim of indemnification to the provider, against all claims, suits, judgments, damages, or liabilities, including court costs and attorney's fees incurred by the department because of the negligent or tortious acts or omissions of the provider or its employees, agents or subcontractors. Nothing herein shall be construed as consent by a provider who is a state agency or subdivision of the state to be sued by third parties in any matter arising out of any contract. 2. The provider shall assist in the investigation of injury or damage claims either for or against the department or the State of Florida pertaining to the department's respective areas of responsibility or activities under this contract and shall contact the department regarding the legal actions deemed appropriate to remedy such damage or claims. Revised osnor% FROM : FLa C l TY COt•U•t Er1POtJERMENT PHONE N0. Jan. 21 1997 12:42PM P3 IISE: A SEPARATE SIIFCT OF f APL•'R F'Qtt ANY E:\PLANATIONS RFQUIRIN(: MORE SPACE:? NA Y C S I' IS ;hc program/faality accessible to non Crnglish speaking clients' If NA ,)r NO, explain 0 6D NA YES NO 13 Arc employees. applicants and participants informed of their protection against O O discrimination? I( , Yes. hour? Verbal X Writtcn X _Poster X if NA or NO. explain. NA NUMBER 14 Give the number and current status of any discrimination complaints regarding services or employment tiled against the prograrrt/faeility. NA YES NO I S. is the program/facility physically accessibie to mobility, hearing and sight impaired O )C1 Q individuals? If NA or NO, explain. PART III. THE FOLLOWING QUIESTIONS APPLY TO PROGRAMS AND FACILITIES WITH 15 OR MORE EMPLOYEES 16. Has a scIf- evaluation born conducted to identify any barriers to serving handicapped O o individuals, and to make any necessary modifications? If NO. explain. PART IV. FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF 550,000 OR MORE. YES NO 21. Do you have a written affirmative action program? If NO, explain. o O YES NO 17 Is there an established grievance procedure that incorporates due process into the ❑ Q resolutions of complaints? If NO, explain. YES NO IS. Has a person been designated to coordinate Section 504 compliance activities? If NO. O O explain. YES NO 19. Oo recruitment and notification materials advise applicants, employees and participants of O 0 nondiscrimination on the basis of handicap? If NO, explain. YES NO 20. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired individuals? If NO, cxpWn. PART IV. FOR PROGRAMS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF 550,000 OR MORE. YES NO 21. Do you have a written affirmative action program? If NO, explain. o O ,March 19 1997 Contract # k7027 STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE STANDARD CONTRACT SECTION G THE PARTIES AGREE: 1. THE PROVIDER AGREES: A. To provide services according to the conditions specified in Section A. B. State and Federal Laws and Regulations 1. The provider agrees to comply with all applicable state and federal laws and regulations. 2. If this contract contains federal funds, the provider shall comply with the provisions of 45 Code of Federal Regulations (CFR), Part 74, and /or 45 CFR, Part 92, and other applicable regulations as specified in Section n/a 3. If this contract contains federal funds and is over $100,000, the provider shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). The provider shall report any violations of the above to the department. 4. If this contract contains federal funding in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Section D. If a Disclosure of Lobbying Activities form, Standard Forth LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager. C. Audits and Records 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the department under this contract. 2. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the department, as well as by federal personnel. 3. To maintain and file with the department such progress, fiscal, and inventory reports as specified in Section A, and other reports as the department may require within the period of this contract. 4. To ,provide a financial and compliance audit to the department as specified in Section C and to ensure that all related party transactions are disclosed to the auditor. 5. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. 6. If this contract contains federal funds, the Catalog of Federal Domestic Assistance number(s) is n/a 7. This contract is funded from a grants and aids appropriation. D. Retention of Records To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. 2. Persons duly authorized by the department and federal auditors, pursuant to 45 CFR, Part 92.36(1)(10), shall have full access to and the right to examine any of said records and documents during said retention period or as long as records are retained, whichever is later. 3. Upon completion or termination of the contract and at the request of the department, the provider will cooperate with the department to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph D.1. above. E. Monitoring 1. To provide reports as specified in Section A. These reports will be used for monitoring progress or performance of the contractual services. 2. To permit persons duly authorized by the department to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this contract, and/or interview any clients and employees of the provider to be assured of satisfactory performance of the terms and conditions of this contract. Following such inspection the department will deliver to the provider a list of its comments with regard to the manner in which said goods or services are being provided. The provider will rectify all noted deficiencies provided by the department within the specked period of time set forth in the comments or provide the department with a reasonable and acceptable justification for not correcting the noted shortcomings. The providers failure to correct or justify within a reasonable time as specified by the department may result in the withholding of payments, being deemed in breach or default, or termination of this contract. Indemnification: If the provider is a state agency or subdivision as defined in Section 768.28, Florida Statutes, only no. 2 below is applicable Other than state agencies or subdivisions refer to no. 1. 1. Pursuant to Section 768.28(11)(a), Florida Statutes, the provider agrees that it and any of its employees, agents, or subcontractors are agents and not employees of the state while acting within the scope of their duties and responsibilities to be performed under this contract. The provider further agrees, pursuant to Section 768.28(11)(a), Florida Statutes, to indemnify the department, upon notice for any liabilities caused by the provider or its employees' or agents' negligent or tortious acts or omissions within the scope of their employment under this contract up to the limits of sovereign immunity set forth in Section 768.28(11)(a), Florida Statutes. The provider further agrees to defend the department and to hold it harmless, upon receipt of the department's notice of claim of indemnification to the provider, against all claims, suits, judgments, damages, or liabilities, including court costs and attorney's fees incurred by the department because of the negligent or tortious acts or omissions of the provider or its employees, agents or subcontractors. Nothing herein shall be construed as consent by a provider who is a state agency or subdivision of the state to be sued by third parties in any matter arising out of any contract. 2. The provider shall assist in the investigation of injury or damage claims either for or against the department or the State of Florida pertaining to the department's respective areas of responsibility or activities under this contract and shall contact the department regarding the legal actions deemed appropriate to remedy such damage or claims. Rcvsxa 05nar96 March 19 1997 Each party is responsible for all personal injury and property damage attributable to negligent acts or omissions of that party and the officers, employees, and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto. G. Insurance: 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self - insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance as specified in Section A where appropriate. 2. If the provider is a state agency or subdivision as defined by Section 768.28, Florida Statutes, the provider shall furnish the department, 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. H. Safeguarding Information 1. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this contract. It is expressly understood that substantial evidence of the provider's refusal to comply with this provision shall constitute grounds for termination of this contract. 2. Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state statutes and any applicable federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Assignments and Subcontracts 1. To neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department. No such approval by the department of any assignment or subcontract shall be deemed in any event to provide for the department incurring any obligation in addition to the total dollar amount agreed upon in this contract. All such assignments or subcontracts shall be subject to the conditions of this contract (except Section I, Paragraph 0.1.) and to any conditions of approval that the department shall deem necessary. 2. Unless otherwise stated in the contract between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt of full or partial payments from the department in accordance with Section 287.0585, Florida Statutes. The provider=s failure to pay, without reasonable cause, within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one -half of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. Contract # k7027 J. Return of Funds 1. To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department. • The provider shall return any overpayment to the department within forty (40) calendar days after either discovery by the provider, or notification by the department, of the overpayment. In the event that the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within forty (40) calendar days without prior notification from the department. In the event that the department first discovers an overpayment has been made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) percent per month compounded on the outstanding balance after forty (40) calendar days after the date of notification or discovery. 2. For state universities, should repayment not be made within forty (40) calendar days after the date of notification, the department will notify the State Comptroller's Office who will then enact a transfer of the amounts owed from the state university's account to the account of DJJ. K. Required Reporting 1. Abuse, Neglect and Exploitation Reporting In compliance with Chapter 415, Florida Statutes, an employee of the provider who knows, or has reasonable cause to suspect, that a child is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the central abuse registry and tracking system of the department on the single statewide toll -free telephone number (1 800 96ABUSE). 2. Client Information To submit management, program, and client identifiable data, as specified by the department in Section A. L. Purchasing 1. PRIDE It is expressly understood and agreed that any articles which are the subject of, or are required to carry out this contract shall, to the extent required by law, be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, Florida Statutes, in the manner set forth in Sections 946.515(2) and (4), Florida Statutes. This clause is not applicable to any subcontractors, unless otherwise required by Jaw. 2. Procurement of Products or Materials with Recycled Content Any products or materials which are the subject of, or are required to cant' out this contract shall, be procured in accordance with the provisions of Sections 403.7065, and 287.045, Florida Statutes. M. Civil Rights Requirements 1. The provider assures that It will comply with: a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex. d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age. r, !� Rewed 05na96 JU JJ ,March 19 1997 Contract # k7027 e. Section 654 of the Omnibus Budget Reconciliation Act of R. Use Of Funds For Lobbying Prohibited 1981, as amended, 42 U.S.C. 9849, which prohibits To comply with the provisions of Section 216.347, Florida discrimination on the basis of race, creed, color, national Statutes, which prohibits the expenditure of contract funds for the origin, sex, handicap, political affiliation or beliefs. purpose of lobbying the Legislature, judicial branch or a state f. The Americans with Disabilities Act of 1990, Public Law. agency. 101 -336, which prohibits discrimination on the basis of S. Bloodbome Pathogens disability and requires reasonable accommodation for persons with disabilities. The program shall comply with Federal Rule 1910.1030 regarding g. All regulations, guidelines, and standards as are now or Bloodbome Pathogens. may be lawfully adopted under the above statutes. T. Inspector General's Office Requirements Pursuant to Section 20.055, Florida Statutes, the Office of the The provider agrees that compliance with this assurance Inspector General is responsible for providing direction for constitutes a condition of continued receipt of or benefit supervising and coordinating audits, investigations, and reviews from funds provided through this contract, and that it is relating to the programs and activities operated by or financed by binding upon the provider, its successors, transferees, and the department for the purpose of promoting economy and assignees for the period during which services are provided. efficiency in the administration of, or preventing and detecting The provider further assures that all contractors, fraud, waste, and abuse in, its programs and activities. subcontractors, subgrantees, or others with whom it 1. Background Screening Requirements arranges to provide services or benefits to participants or The provider agrees to comply with the Department of employees in connection with any of its programs and Juvenile Justice, Office of the Inspector General's activities are not discriminating against those participants or Statewide Procedure on Background Screening for employees in violation of the above statutes, regulations, Employees, Providers, and Volunteers. The provider guidelines, and standards. agrees, at no cost to the department, to comply with the 2. Compliance Questionnaire requirements for the background screening as mandated in The provider agrees to complete the Civil Rights Section 39.001, Florida Statutes. Failure to comply with the Compliance Questionnaire, DJJ Form 900 A and B, if department's background screening procedure could result services are provided to clients and if 15 or more people are in cancellation of the contract. employed. 2. Incident Reporting Procedure Requirements The provider agrees to comply with the Department of N. Requirements of Section 287.058, Florida Statutes Juvenile Justice, Inspector General's Statewide Incident 1. To submit bills for fees or other compensation for services Reporting Procedure. Failure to comply with this procedure or expenses in sufficient detail for a proper pre audit and could result in cancellation of the contract. post audit thereof. 3. Client Risk Prevention 2. Where applicable, to submit bills for any travel expenses in If services to clients will be provided under this contract, the accordance with Section 112.061, Florida Statutes. provider and any subcontractors shall, in accordance with 3. To provide units of deliverables, including reports, findings, the client risk prevention system, report those reportable and drafts as specified in Section A, to be received and situations listed in the Inspector General's reports accepted by the contract manager prior to payment. procedures now in effect or under such procedures as the department subsequently issues. 0. Withholdings and Other Benefits 4. Quality Assurance Requirements To be financially and legally responsible for Social Security and The provider agrees to comply with the department of Income Tax withholdings. Juvenile Justice quality assurance goals, objectives and standards for P. Sponsorship As required by Section 286.25, Florida Statutes, non - govemmental providers sponsoring a program financed wholly or in part by state funds or funds obtained from a state agency, shall, in publicizing, advertising or describing the sponsorship of the program, state: "Sponsored by The Citv of Florida City PROVIDER and the State of Florida, Department of Juvenile Justice ". If the sponsorship; reference is in written material, the words "State of Florida, Department of Juvenile Justice" shall appear in the same size letters or type as the name of the organization. Q. Final Invoice To submit the final invoice for payment to the department no more than 45 days after the contract ends or is terminated; if the provider fails to do so, all right to payment is forfeited and the department will not honor any requests submitted after the aforesaid time'pedod. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary adjustments thereto have been approved by the department. Intensive Aftercare programs The provider acknowledges that in accordance with Section 39.021 (10), Florida Statutes, the department shall evaluate the provider's program to determine if the provider is meeting satisfactory levels of performance for the quality assurance standards. The provider agrees that the program shall meet satisfactory levels of performance for the quality assurance standards and understands that failure to achieve satisfactory performance within six months of an on -site quality assurance review, unless there are extenuating circumstances approved by the department, will result in cancellation of the contracL The provider further understands that pursuant to Section 39.021 (10), Florida Statutes, the department is prohibited from contracting with the provider for the canceled service for a period of 12 months. The provider agrees to participate in a minimum of one on -site quality assurance review of a similar program type in another district during the contract year at the provider's expense. r, f1 • ; , Revised 05696 0 March 19 1997 S. Annual Financial and Compliance Audit Requirements The provider agrees to comply with an annual audit of its financial records by an independent accounting firm. The audit report shall mention whether the provider complied with the provisions of this contract, adhered to all applicable laws and regulations, and used the Department's funds property. A copy of the audit report and related management letter shall be sent to the Inspector General not later than 120 days after the close of the provider's fiscal year. Failure to comply with this procedure could result in cancellation of the contract. 6. General Requirements The provider agrees to allow members of the Inspector General's Office timely access to its facilities, records, and staff members in the conducting of investigations, audits, and quality assurance reviews. The provider further agrees to remove from the facility or programs any provider staff members who refuse to answer questions directed to them or provide information requested of them by the Inspector General's Office. Failure to comply with these requirements could result in cancellation of the contract. Investigation of Abuse and Neglect Allegations Requirements (Law Enforcement Providers Only). The provider agrees to comply with the Department of Juvenile Justice, Inspector General's Procedure for Investigating Allegations of Client Abuse in Contracted Programs Operated by Law Enforcement Agencies. Failure to comply with this procedure could result in cancellation of the contract. State of Florida Public Entity Crime Statement A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contrail with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed in the convicted vendor list. V. Property I. Non - expendable Property a.) Nonexpendable property is defined as tangible personal property that is of a nonconsumable nature. b.) Tdle (ownership) to all nonexpendable property acquired from: a) the expenditure of funds provided under a cost - reimbursement contract; b) the expenditure of funds provided as start-up; or c) expenditure of funds provided as operational expense dollars for which the total cost of the property was directly allocated to the program budget and for which the department relied upon to determine the total price to be 'fair and reasonable' shall be vested in the department upon the purchase of the property. c.) Title (ownership) to all vehicles, non- permanent structures, etc. acquired with funds as described in paragraph 2 above shall be vested in the department upon completion or termination of the contract. The provider will retain custody and control during the contract period, including extensions and renewals. Contract #1 k7027 d.) All nonexpendable property for which paragraph 2 above applies purchased under this contract shall be listed at the time of receipt on the property records' of the' provider. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and /or state share, date of acquisition, unit cost. property inventory number, location and use information, condition, and transfer, replacement or disposition of the e.) At no time shall the- provider dispose of nonexpendable property purchased under this contract except with the permission of, and in accordance with instructions from the department. f.) An executed contract amendment is required prior to the purchase of any nonexpendable property Rem for which paragraph 2 above is applicable with a value greater than $25 not specifically fisted in the approved contract g.) A report of nonexpendable property shall be submitted annually on the anniversary of the contract effective date to the department along with the expenditure report for the period in which R was purchased, as well as a final inventory submitted with the final expenditure report. 2. Tangible Personal Property The provider acknowledged and agrees that any tangible property as defined in section 273.02, Florida Statutes, purchased directly or indirectly through this contract, will be solely for the use of the provider in the delivery of the contracted services. 3. Other Expendable Property - Food Items When a 30 day supply of staple food items/products is purchased prior to the opening of a facility with start -up /preoperational funds the provider will upon completion or termination of the contract, return to the department the dollar amount listed in the start -up /preoperational budget for the purchase of these staple food items/products. W. Facility Standards The provider shall conform to standards required by the fire and health authorities with jurisdiction. Facilities and grounds will be maintained to provide a safe, sanitary and comfortable environment for youth, visitors and employees. X. Copyrights and Right to Data: Where activities supported by this contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the department has the right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever, and to have others acting on behalf of the department to do so. If the materials so developed are subject to copyright, trademark or patent, legal We and every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State for the exclusive use and benefit of the state. Y. Trade Secrets The State of Florida is unable to assure confidentiality of information fitting the definition of 'trade secrets' pursuant to Section 812.081, Florida Statutes, due to the lack of protection of 'trade secrets' in Chapter 119, Florida Statutes. r, n 7 0 March 19 1997 Contract # k7027 t'. THE DEPARTMENT AGREES: 3. Termination for Default A. Contract Amount Unless the providers breach is waived by the department To pay for contracted services according to the conditions of in writing, the department may, by written notice to the Section A in an amount not to exceed $339,450.00 , provider, terminate this contract upon notice. If applicable, subject to the lawful availability of funds. The State of Florida's the department may employ the default provisions in performance and obligation to pay under this contract is Chapter 60A 1.006(4), Florida Administrative Code. contingent upon an annual appropriation by the Legislature. The Waiver of breach of any provisions of this contract shall not costs of services paid under any other contract or from any other be deemed to be a waiver of any other breach and shall source are not eligible for reimbursement under this contract. not be construed to be a modification of the terns of this contract. The provisions herein do not limit the B. Contract Payment department's right to remedies at law or to damages. Section 215.422, Florida Statutes, provides that agencies have 5 working days to inspect and approve goods and services, unless 4. All termination notices shall be sent by certified mail, or bid specifications or the purchase order specifies otherwise. With other delivery service with proof of delivery. the exception of payments to health care providers for hospital, C. Notice and Contact medical, or other health care services, if payment is not available 1. The name, address and telephone number of the contract within 40 days, measured from the latter of the date the invoice is manager for the department for this contract is: received or the goods or services are received, inspected and approved, a separate interest penalty set by the Comptroller Eric Stark pursuant to Section 55.03, Florida Statutes, will be due and 3510 Biscayne Blvd payable in addition to the invoice amount. To obtain the Miami, Ff. 33137 applicable interest rate, please contact the Agency's Fiscal (305) 571 -5740 Section at (904) 921 -2186 or Purchasing Office at (904) 2. The name, address and telephone number of the 921 - 6586. Payments to health care providers for hospitals, representative of the provider responsible for medical or other health care services, shall be made not more than 35 days from the date of eligibility for payment is determined, administration of the program under this contract is: and the daily interest rate is .03333 %. Invoices returned to a Ronald Carter vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly City of Florida City /Police Dept. completed invoice is provided to the agency. 404 West Palm Drive C. Vendor Ombudsman Florida City,Florida 330334 -0507 A Vendor Ombudsman has been established within the 3. In the event that a different department contract manager Department of Banking and Finance. The duties of this individual or provider representative is designated after contract include acting as an advocate for vendors who may be execution, notice of the name and address of the new experiencing problems in obtaining timely payment(s) from a contract manager or representative will be rendered in state agency. The Vendor Ombudsman may be contacted at writing to the other party and said notification shall then be (904) 488 -2924 or by calling the State Comptrollers Hotline, attached by each party to originals of this contract. 1- 800 - 848 -3792. D. Renegotiation or Modification 111. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE: A. Effective Date 1. This contract shall begin at 12:01 a.m. on 04/01/97 or on the date on which the contract has been signed by both parties, whichever is later. 2. This contract shall end at midnight on 03/31/98 subject to any written renewals or extensions agreed upon by the parties. B. Termination 1. Termination for Convenience This contract may be terminated by the provider upon no less than ninety (90) calendar days notice, without cause, at no additional cost, unless, a different notice period is mutually agreed upon by both parties. The provider must be operating in a state of compliance with the terms and conditions of the contract at the time the notice is issued and must remain compliant for the duration of the performance period. The contract may be terminated by the Department upon no less than thirty (30) days notice, without cause, at no additional cost, unless a different notice period is mutually agreed upon by the parties. 2. Termination Because of Lack of Funds In the 'event funds to finance this contract become unavailable, the department may terminate the contract upon no less than twenty four (24) hours notice in writing to the provider. The department shall be the final authority as to the availability of funds. 1. Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed by. all parties observing all the formalities of the original contract. The department is not obligated to pay for costs related to this contract that were incurred prior to the date of contract execution or after the termination date. The parties agree to re- negotiate this contract if federal and/or state revisions of any applicable laws, or regulations make changes in this contract necessary. 2. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the department's operating budget. E. Name, Mailing and Street Address of Payee 1. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: U031s City of Florida Citv City Hall, 404 West Palm Drive Florida City, Florida 330334 -0507 xc�iud osno/va March 19 1997 2. The name of the contact person and street address where financial and administrative records are maintained: Mark Ben -Asher Finance Dlrector,City Hall 404 West Palm Florida City, Florida 33034 -0507 (305) 247 -8221 F. All Terns and Conditions Included This contract and its sections as referenced, A.B.C.D.E.F.G Contract # k7027 contain all the terns and conditions agreed upon by the parties. G. Venue The venue for all legal and administrative proceedings construing this contract shall be Leon County, Florida. This contract shall be governed by, and construed under, the laws of the State of Florida. IN WITNESS THEREOF, the parties hereto have caused this page contract to be executed by their undersigned officials as duly authorized. PROVIDER City of Florida City � II SIGNED BY: NAME: Otis T. Wallace TITLE: Mayor DATE: "?, _ 'Z' 0 FEDERAL ID NUMBER (or SS Number for an Individual): 230332488954 -c STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE SIGNED BY: NAME: Woodrow Harper TITLE Deputy Secretary DATE: STATE AGENCY 29 DIGIT SAMAS CODE: CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 7. tj -003'9 P—�iscd 05110n6 March 19 1997 Contract # k7027 Each party is responsible for all personal injury and property damage attributable to negligent acts or omissions of that party and the officers, employees, and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto. G. Insurance: 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self - insurance program established and operating under the laws of the State of Florida. The department reserves the right to require additional insurance as specified in Section A where appropriate. 2. If the provider is a state agency or subdivision as defined by Section 768.28, Florida Statutes, the provider shall furnish the department, 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. H. Safeguarding Information 1. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with this contract. It is expressly understood that substantial evidence of the provider's refusal to comply with this provision shall constitute grounds for termination of this contract. 2. Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state statutes and any applicable federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or his responsible parent or guardian when authorized by law. I. Assignments and Subcontracts 1. To neither assign the responsibility of . this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the department. No such approval by the department of any assignment or subcontract shall be deemed in any event to provide for the department incurring any obligation in addition to the total dollar amount agreed upon in this contract. All such assignments or subcontracts shalt be subject to the conditions of this contract (except Section 1, Paragraph 0.1.) and to any conditions of approval that the department shall deem necessary. 2. Unless otherwise stated in the contract between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt of full or partial payments from the department in accordance with Section 287.0585, Florida Statutes. The provider's' failure to pay, without reasonable cause, within seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one -half of one (1) percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. J. Retum of Funds 1. To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms of this contract that were disbursed to the provider by the department. The provider shall return any overpayment to the department within forty (40) calendar days after either discovery by the provider, or notification by the department, of the overpayment. In the event that the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within forty (40) calendar days without prior notification from the department. In the event that the department first discovers an overpayment has been made, the department will notify the provider by letter of such a finding. Should repayment not be made in a timely manner, the department will charge interest of one (1) percent per month compounded on the outstanding balance after forty (40) calendar days after the date of notification or discovery. 2. For state universities, should repayment not be made within forty (40) calendar days after the date of notification, the department will notify the State Comptroller's Office who will then enact a transfer of the amounts owed from the state university's account to the account of DJJ. K. Required Reporting 1. Abuse, Neglect and Exploitation Reporting In compliance with Chapter 415, Florida Statutes, an employee of the provider who knows, or has reasonable cause to suspect, that a child is or has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the central abuse registry and tracking system of the department on the single statewide toll -free telephone number (1 800 96ABUSE). 2. Client Information To submit management, program, and client identifiable data, as specified by the department in Section A. L. Purchasing 1. PRIDE It is expressly understood and agreed that any articles which are the subject of, or are required to carry out this contract shall, to the extent required by law, be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) identified under Chapter 946, Florida Statutes, in the manner set forth in Sections 946.515(2) and (4), Florida Statutes. This clause is not applicable to any subcontractors, unless otherwise required by law. 2. Procurement of Products or Materials with Recycled Content Any products or materials which are the subject of, or are required to carry out this contract shall, be procured in accordance with the provisions of Sections 403.7065, and 287.045, Florida Statutes. M. Civil Rights Requirements 1. The provider assures that it will comply with: a. Tale VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap. c. Tale IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex. d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age. 0 0 3 5 Revised 05/30/96 March 19 1997 Contract # k7027 e. Section 654 of the Omnibus Budget Reconciliation Act of R. Use Of Funds For Lobbying Prohibited 1981, as amended, 42 U.S.C. 9849, which prohibits To comply with the provisions of Section 216.347, Florida discrimination on the basis of race, creed, color, national Statutes, which prohibits the expenditure of contract funds for the origin, sex, handicap, political affiliation or beliefs. purpose of lobbying the Legislature, judicial branch or a state f. The Americans with Disabilities Act of 1990, Public Law. agency. 101 -336, which prohibits discrimination on the basis of S. Bloodbonne Pathogens disability and requires reasonable accommodation for persons with disabilities. The program shall comply with Federal Rule 1910.1030 regarding g. All regulations, guidelines, and standards as are now or Bloodborne Pathogens. may be lawfully adopted under the above statutes. T. Inspector General's Office Requirements Pursuant to Section 20.055, Florida Statutes, the Office of the The provider agrees that compliance with this assurance Inspector General is responsible for providing direction for constitutes a condition of continued receipt of or benefit supervising and coordinating audits, investigations, and reviews from funds provided through this contract, and that it is relating to the programs and activities operated by or financed by binding upon the provider, its successors, transferees, and the department for the purpose of promoting economy and assignees for the period during which services are provided. efficiency in the administration of, or preventing and detecting The provider further assures that all contractors, fraud, waste, and abuse in, its programs and activities. subcontractors, subgrantees, or others with whom it 1. Background Screening Requirements arranges to provide services or benefits to participants or The provider agrees to comply with the Department of employees in connection with any of its programs and Juvenile Justice, Office of the Inspector General's activities are not discriminating against those participants or Statewide Procedure on Background Screening for employees in violation of the above statutes, regulations, Employees, Providers, and Volunteers. The provider guidelines, and standards. agrees, at no cost to the department, to comply with the 2. Compliance Questionnaire requirements for the background screening as mandated in The provider agrees to complete the Civil Rights Section 39.001, Florida Statutes. Failure to comply with the Compliance Questionnaire, DJJ Form 900 A and B, if department's background screening procedure could result services are provided to clients and if 15 or more people are in cancellation of the contract. employed. 2. Incident Reporting Procedure Requirements N. Requirements of Section 287.058, Florida Statutes The provider agrees to comply with the Department of Juvenile Justice, Inspector General's Statewide Incident 1. To submit bills for fees or other compensation for services Reporting Procedure. Failure to comply with this procedure or expenses in sufficient detail for a proper pre audit and could result in cancellation of the contract. post audit thereof. 3. Client Risk Prevention 2. Where applicable, to submit bills for any travel expenses in If services to clients will be provided under this contract, the accordance with Section 112.061, Florida Statutes. provider and any subcontractors shall, in accordance with 3. To provide units of deliverables, including reports, findings, the client risk prevention system, report those reportable and drafts as specified in Section A, to be received and situations listed in the Inspector General's reports accepted by the contract manager prior to payment. procedures now in effect or under such procedures as the department subsequently issues. O. Withholdings and Other Benefits 4. Quality Assurance Requirements To be financially and legally responsible for Social Security and The provider agrees to comply with the department of Income Tax withholdings. Juvenile Justice quality assurance goals, objectives and standards for P. Sponsorship Intensive Aftercare As required by Section 286.25, Florida Statutes, programs non - governmental providers sponsoring a program financed The provider acknowledges that in accordance with Section wholly or in part by state funds or funds obtained from a state 39.021 (10), Florida Statutes, the department shall evaluate agency, shall, in publicizing, advertising or describing the the provider's program to determine if the provider is sponsorship of the program, state: "Sponsored by meeting satisfactory levels of performance for the quality The City of Florida City assurance standards. PROVIDER The provider agrees that the program shall meet and the State of Florida, Department of Juvenile Justice". If the satisfactory levels of performance for the quality sponsorship reference is in written material, the words "State of assurance standards and understands that failure to Florida, Department of Juvenile Justice" shall appear in the same achieve satisfactory performance within six months of an size letters or type as the name of the organization. on -site quality assurance review, unless there are extenuating circumstances approved by the department, will Q. Final Invoice result in cancellation of the contract. The provider further To submit the final invoice for payment to the department no more understands that pursuant to Section 39.021 (10), Florida than 45 days after the contract ends or is terminated; if the Statutes, the department is prohibited from contracting with provider fails to do so, all right to payment is forfeited and the the provider for the canceled service for a period of 12 department will not honor any requests submitted after the months. aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider The provider agrees to participate in a minimum of one and necessary adjustments thereto have been approved by the on -site quality assurance review of a similar program type in department. another district during the contract year at the provider's expense. f, r, • ; 6 7 c Revised 05/301 ,JUUJ17 March 19 1997 Contract #t k7027 5. Annual Financial and Compliance Audit Requirements d.) All nonexpendable property for which paragraph 2 above The provider agrees to comply with an annual audit of its applies purchased under this contract shall be listed at financial records by an independent accounting firm. The the time of receipt on the property records of the audit report shall mention whether the provider complied provider. Said listing shall include a description of the with the provisions of this contract, adhered to all applicable property, model number, manufacturees serial number, laws and regulations, and used the Department's funds funding source, information needed to calculate the property. A copy of the audit report and related federal and /or state share, date of acquisition, unit cost, management letter shall be sent to the Inspector General property inventory number, location and use information, not later than 120 days after the close of the provider's condition, and transfer, replacement or disposition of the fiscal year. Failure to comply with this procedure could e.) At no time shall the provider dispose of nonexpendable result in cancellation of the contract. property purchased under this contract except with the 6. General Requirements permission of, and in accordance with instructions from The provider agrees to allow members of the Inspector the department. General's Office timely access to its facilities, records, and f.) An executed contract amendment is required prior to the staff members in the conducting of investigations, audits, purchase of any nonexpendable property item for which and quality assurance reviews. The provider further agrees paragraph 2 above is applicable with a value greater to remove from the facility or programs any provider staff than $25 not specifically listed in the approved contract members who refuse to answer questions directed to them g.) A report of nonexpendable property shall be submitted or provide information requested of them by the Inspector annually on the anniversary of the contract effective date General's Office. Failure to comply with these requirements to the department along with the expenditure report for could result in cancellation of the contract. the period in which it was purchased, as well as a final Investigation of Abuse and Neglect Allegations inventory submitted with the final expenditure report. Requirements (Law Enforcement Providers Only). 2, Tangible Personal Property The provider agrees to comply with the Department of Juvenile Justice, Inspector General's Procedure for The provider acknowledged and agrees that any tangible Investigating Allegations of Client Abuse in property as defined in section 273.02, Florida Statutes, Contracted Programs Operated by Law Enforcement purchased directly or indirectly through this contract, will be Agencies. Failure to comply with this procedure solely for the use of the provider in the delivery of the could result in cancellation of the contract. contracted services. U. State of Florida Public Entity Crime Statement 3. Other Expendable Property - Food Items A person or affiliate who has been placed on the convicted vendor When a 30 day supply of staple food items /products is list following a conviction for public entity crime may not submit purchased prior to the opening of a facility with a bid on a contract to provide any goods or services to a public start -up /preoperational funds the provider will upon entity, may not submit a bid on a contract with a public entity for completion or termination of the contract, return to the the construction or repair of a public building or public work, may department the dollar amount listed in the not submit bids on leases or real property to a public entity, may start -up /preoperational budget for the purchase of these not be awarded or perform work as a contractor, supplier, staple food items /products. subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in W Facility Standards excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the The provider shall conform to standards required by the fire and date of being placed in the convicted vendor list. health authorities with jurisdiction. Facilities and grounds will be maintained to provide a safe, sanitary and comfortable V. Property environment for youth, visitors and employees. 1. Non - expendable Property a.) Nonexpendable property is defined as tangible personal X. Copyrights and Right to Data: property that is of a nonconsumable nature. Where activities supported by this contract produce original b.) Title (ownership) to all nonexpendable property writing, sound recordings, pictorial reproductions, drawings or acquired from: a) the expenditure of funds provided other graphic representation and works of any similar nature, the under acost- reimbursement contract; b) the expenditure department has the right to use, duplicate and disclose such of funds provided as start-up; c) expenditure funds materials in whole or in part, in any manner, for any purpose provided as operational expense e dollars for which the whatsoever, and to have others acting on behalf of the department . total cost of the property was directly allocated to the to do so. If the materials so developed are subject to copyright, program budget and for which the department relied. trademark or patent, legal title and every right, interest, claim or upon to determine the total price fair and demand of any kind in and to any patent, trademark or copyright, reasonable shall ti e vested in the departe upon the department or application for the same, will vest in the State of Florida, purchase of f the property. Department of State for the exclusive use and benefit of the state. c.) Title (ownership) to all vehicles, non - permanent Y. Trade Secrets structures, etc. acquired with funds as described in paragraph 2 above shall be vested in the department The State of Florida is unable to assure confidentiality of upon completion or termination of the contract. The information fitting the definition of 'trade secrets' pursuant to provider will retain custody and control during the Section 812.081, Florida Statutes, due to the lack of protection of contract period, including extensions and renewals. 'trade secrets" in Chapter 119, Florida Statutes. Revised 10n1 % X01037 b Please reply to: 3225 Aviation Avenue, Suite 301 Miami, FL 33133 (305) 854 -5353 (305) 854 -5351 (fax) April 29, 1998 Inger M. Garcia, Esq. 155 S. Miami Avenue, Penthouse One Miami, FL 33130 Re: Cokes Watson, Jr. v. City of South Miami EEOC Complaint Dear Ms. Garcia: The purpose of this letter is to request, a fourth time, a meeting among you, your client, Chief Watson, Mayor Robaina, Charles Scurr, Interim City Manager, and myself regarding Chief Watson's EEOC complaint; or, alternatively, a meeting between Mayor Robaina and Chief Watson. Mayor Robaina continues to desire a meeting to "clear the air" between himself and Chief Watson. He believes that he can put to rest any misapprehension that the Chief feels about him and his intentions regarding the Chief's employment with the city. I hope you will see fit to suggest to your client that he consent to this request. cc: Mayor and city commission Charles D. Scurr, Interim City Manager N: \EGallop \CSMLIT\eeoc lit \garcia meeting with watson ltr.doe Very truly yours, Earl G. Gallop City Attorney a-7 Please reply to: 3225 Aviation Avenue, Suite 301 Miami, FL 33133 (305) 854 -5353 (305) 854 -5351 (fax) April 29, 1998 Mr. Juan Gonzalez, Supervisor Equal Employment Opportunity Commission Miami District Office One Biscayne Tower, Suite 2700 2 South Biscayne Blvd. Miami, FL 33131 Re: Supplemental Response to Notice of Charge of Discrimination Complainant: Cokes Watson, Jr. Employer: City of South Miami Charge number: 150981136 Nature of claim: Title VII Race Discrimination, Sexual Harassment Dear Mr. Gonzalez: This letter transmits a document as a supplemental response of the City of South Miami to the charges by Cokes Watson, Jr., Police Chief, of race discrimination and sexual harassment. Statement of charges The Charge of Discrimination alleges that former Vice Mayor, now Mayor Julio Robaina told the former City Manager, L. Dennis Whitt that "the Vice Mayor Julio Robaina, (Hispanic) told him [Whitt] that the City is not ready for a Black Chief and that our kind should stay in Public Works where they belong" and that Mayor Robaina allegedly gave Whitt a resume of a "white Hispanic male" to consider for the position of Chief of Police. No other facts of any kind where presented. o2l 0 Mr. Juan Gonzalez, Supervisor April 29, 1998 Page 2 Supplemental response The City of South Miami hereby transmits and files a copy of the resume that Mayor Robaina delivered to Mr. Whitt. The resume of Jose A. Fleites was presented for consideration of the position of City Manager. Mayor avers that this document is a true copy of what was delivered to him, which he, in turn, delivered to the Mr. Whitt. He further avers that any other document that purports to solicit consideration of Mr. Fleites for the position of Police Chief is not a true copy of the document that he received and delivered to Mr. Whitt. Very truly yours, Earl G. Gallop City Attorney Enclosure cc: Florida Commission on Human Relations Mayor and City Commission Charles D. Scurr, Interim City Manager Cokes Watson, Jr., Police Chief ;--7