The URL can be used to link to this page

06-09-98MAYOR: 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: June 9, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: July 21, 1998 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLORIDA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC�,`THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WIT$ RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami. Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentation(s): ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - May 19, 1998 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - June 9, 1998 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE PURCHASE OF THE TELEPHONE UPGRADE EQUIPMENT FROM BELLSOUTH BUSINESS SYSTEMS, INC., PROVIDING FOR TOTAL MONTHLY PAYMENT OF $1,434.00 TO BE CHARGED AS FOLLOWS TO ACCOUNT NUMBER 001 - 2100 - 519 -4440 TITLED NON- DEPARTMENTAL TELEPHONE EQUIPMENT LEASE PURCHASE AND ACCOUNT NUMBER 001 - 1910 - 521 -4440 TITLED POLICE DEPARTMENT TELEPHONE EQUIPMENT LEASE PURCHASE, PROVIDING AUTHORIZATION FOR THE CITY MANAGER TO EXERCISE THE OPTION OF LIQUIDATING THE BALANCE OF THE LEASE PAYMENT IF APPROVAL FOR THE USE OF FEDERAL FORFEITURE FUND IS RENDERED BY FLORIDA STATE ATTORNEY GENERAL'S OFFICE (Administration) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO HISTORIC PRESERVATION BOARD; PROVIDING FOR THE RE- APPOINTMENT OF SUSAN PERRY REDDING AND MARY WYNNEMER TO SERVE FOR TWO YEAR TERMS ENDING JUNE 9, 2000 OR SUCCESSORS ARE DULY APPOINTED AND QUALIFIED; PROVIDING FOR AN EFFECTIVE DATE. (Mayor Robaina) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ENVIRONMENTAL REVIEW AND PRESERVATION BOARD; PROVIDING FOR THE APPOINTMENT OF LUIGI VATALINI TO SERVE FOR AN UNEXPIRED TERM ENDING AUGUST 5, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED PROVIDING FOR AN EFFECTIVE DATE (Mayor Robaina) 3/5 7. ' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO EDUCATIONAL COMMITTEE; AMENDING RESOLUTION NO. 60 -98 -10327 WHICH ESTABLISHED A CITY WIDE EDUCATIONAL COMMITTEE IN THE CITY OF SOUTH MIAMI; PROVIDING FOR TERM OF OFFICE; ESTABLISHING DUTIES; PROVIDING FOR AN EFFECTIVE DATE. (Mayor Robaina) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $2,703.04 CHARGING REGULAR CITY COMMISSION 2 AGENDA — June 9, 1998 $14.45 TO ACCOUNT NO. #1500 -3435, CONSULTING -REAL ESTATE AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 - 3410, CONSULTING- LEGAL; PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KRAYNAK OFFICE MACHINES INC. RELATING TO THE DISBURSEMENT OF THE SUM OF $1,130.35 FOR THE ANNUAL MAINTENANCE CONTRACT. THIS SUM WILL BE CHARGED TO 13320 - 513.4615 (REPAIR /MAINTENANCE OPERATING EQUIPMENT) (Administration) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM $1,300.00 TO NATIONAL FLOCK FOR THE PURCHASE OF 300 MIDDLE SCHOOL T- SHIRTS AND 100 ELEMENTARY SCHOOL T- SHIRTS CHARGE THE FUNDS TO ACCOUNT NUMBER 615 - 1910 - 521 -3490 FEDERAL FORFEITURE FUNDS. (Administration /Police Dept.) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,500.00 TO SACQUIER MANAGEMENT CORPORATION FOR THE BANDS TO PARTICIPATE IN THE FOURTH OF JULY CELEBRATION EVENT AT PALMER PARK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 - 4820, "FOURTH OF JULY FIREWORKS- (Administration/Parks & Rec.) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR $2,760.59 FROM ACCOUNT NUMBER 114- 2000 - 572.4670, "OCED GRANT MAINTENANCE & REPAIR - GROUNDS & STRUCTURES ", FOR MATERIALS AND LABOR DONE AT MURRAY PARK TO DISCONNECT AND RELOCATE ELECTRICITY PRIOR TO THE DEMOLITION OF THE BUILDING. (Administration /Parks & Rec.) 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,570.00 TO PARADISE SOUNDS ENTERTAINMENT FOR SOUND, LIGHT AND CANOPY ROOF COVERING, FOR THE FOURTH OF JULY CELEBRATION EVENT AT PALMER PARK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -4820, "FOURTH OF JULY FIREWORKS" (Administration /Parks & Rec.) 3/5 REGULAR CITY COMMISSION 3 AGENDA - June 9, 1998 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $7,527.00 TO BENSON ELECTRIC, INC. FOR THE REPLACEMENT OF LIGHT FIXTURES AT MARSHALL - WILLIAMSON PARK AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 01- 1750 -519 -4670, "LANDSCAPE DIVISION - MAINTENANCE AND REPAIR, GROUNDS AND STRUCTURES." (Administration /Parks & Rec.) 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTINUE WITH THE CITY'S PARTICIPATION IN THE MEALS FOR THE ELDERLY PROGRAM. (Administration /Parks & Rec.) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 16. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; AMENDING ORDINANCE NO. 2 -98 -1650 IN ORDER TO PROVIDE FOR A 90 -DAY EXTENSION OF THE MORATORIUM ON ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT PERMITS FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS, THEREBY ENABLING THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1't Reading June 2, 1998) (Administration /P &Z) 4/5 RESOLUTION (S) PUBLIC HEARING (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCES FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A TWELVE AND ONE -HALF (12.5) FOOT FRONT SETBACK, WHERE TWENTY -FIVE FEET (25) IS REQUIRED, AND A TWENTY -THREE (23) FOOT REAR SETBACK, WHERE TWENTY -FIVE (25) FEET IS REQUIRED, ON PROPERTY LOCATED IN THE RS -4 "SINGLE FAMILY RESIDENTIAL" ZONING REGULAR CITY COMMISSION 4 AGENDA - June 9, 1998 DISTRICT, SPECIFICALLY LOCATED AT 6273 SW 60TH AVENUE, SOUTH MIAMI, FLORIDA 33143. (Administration /P &Z) 4/5 18. 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," IN THE HOMETOWN DISTRICT, AS SPECIFIED IN SECTION 20- 3.4 (B) (4) (B) OF THE LAND DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE H01, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE (Administration /P &Z) 4/5 RESOLUTION (S) 19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING FUNDS FOR CONSTRUCTION OF A MULTI- PURPOSE CENTER, AUTHORIZING THE OFFICE OF THE CITY MANAGER TO NEGOTIATE THE TERMS OF AN ARRANGEMENT FOR A LOAN IN AN AMOUNT NOT TO EXCEED $1,800,000 FOR A LOCAL BANK, UTILIZING AN ANNUAL PAYMENT OF $150,000 TO THE CITY BY SOUTH MIAMI HOSPITAL AS PROVIDED IN AN EXISTING AGREEMENT. (Administration) 3/5 20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO HAVE THE SOUTH MIAMI POLICE DEPARTMENT BE A PARTY TO THE "ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT" (Administration /Police Dept.) 3/5 21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE DADE COUNTY SCHOOL BOARD POLICE, ON BEHALF OF THE CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO SECTION 23,1225(3), FLORIDA STATUTES. (Administration /Police Dept.) 3/5 22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY, AFFIRMING A COMMITMENT TO INCLUDE CERTAIN STIPULATIONS IN THE INTERLOCAL AGREEMENT, TO AFFIRM A COMMITMENT TO PROVIDE SOCIAL REGULAR CITY COMMISSION CJ AGENDA - June 9, 1998 AND EDUCATIONAL PROJECTS; AND TO EXPAND THE CRA BOARD TO SEVEN MEMBERS. (Administration) 3/5 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PRESENTING A PROPOSED STORMWATER USER FEE TRUST FUND BUDGET FOR FISCAL YEAR 1998/99 TO THE BOARD OF COUNTY COMMISSIONERS FOR REVIEW AND APPROVAL (Administration /Public Works) 3/5 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISTRIBUTE A REQUEST FOR PROPOSAL FOR COMMERCIAL WASTE COLLECTION SERVICES ON A CITY WIDE BASIS IN ORDER TO ESTABLISH FRANCHISE AGREEMENTS WITH THREE FIRMS COMMENCING AT THE START OF NEXT FISCAL YEAR (Administration /Public Works) 3/5 ORDINANCE (S) FIRST READING 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE IN ORDER TO INCLUDE THOSE PROPERTIES LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Mayor Robaina) 3/5 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY RELATIONS BOARD; AMENDING SECTION 2 -26.6 OF THE CODE OF ORDINANCE; PROVIDING FOR MEMBERSHIP; TERM OF OFFICE; DUTIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (Mayor Robaina) 3/5 SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION REGULAR CITY COMMISSION 6 AGENDA - June 9, 1998 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 -� AGENDA - June 9, 1998 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 6/5/98 rAGENDA ITEM# Vle FROM: Charles D. Sc urr Comm. Mtg. 6/9/98 Interim City Manager Board Appointment(s) Mayor Robaina sponsored the attached resolution, which re- appoints Susan Perry Redding and Mark Wynnemer to the Historic Preservation Board. The terms shall expire June 9, 2000 or until successors are duly appointed and qualified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HISTORIC PRESERVATION BOARD; RE- APPOINTING SUSAN PERRY REDDING AND MARK WYNNEMER TO SERVE FOR TWO YEAR TERMS ENDING JUNE, 9, 2000 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. Whereas, The Mayor and City Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and Whereas, The City Commission desires to re- appoint Susan Perry Redding and Mark Wynnemer to serve on the Historic Preservation Board until June 9, 2000 or until successors are duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Susan Perry Redding and Mark Wynnemer to serve on the Historic Preservation Board. Section 2. The expiration date of these appointments shall expire on June 9, 2000 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED and ADPOPTED this 9'" day of June, 1998. Attest: Approved City Clerk Read and approved as to form: City Attorney Mayor COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell Commissioner Feliu: Commissioner Bethel CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 r 'ECEIYE® P... ; 1. 3 1998 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 1. Name Susan Perry Redding (please print) 2. HomeAddress 7930 SW 58 Court 3. Business Insurance - Life, Health, Annuities, Mutual Funds 4. Business Address 9130 S Dadeland Blvd 1400 5. Home Phone 661 -7316 -Busi sss- Fhana.Fax 667 -2499 6. Educational Background University of Miami, BHA ar ere i e n erwri er Chartered Financial Consultant Re9i s _ rPd RPnrPSPntati vP 7. Community Services SM Homeowners, Red /Sunset Merchants, ChamberSouth, Dorn Avenue Community Development Council, SM Garden Club, Natives of Dade, Florida Native Plant Soc. NALU. CLU ?ChFC Soc. HPB All three Charrettes (r�- OTgtZ%w e�D -.&) 8. Are you a registered voter? Yes x No 9. Are you a resident of the City? Yes X No 10. Do you have a business�in the City? Yeses_ No J/1 Signature c, / Date May 18, 1998 RBsOXEs WILL REBAIN ON FILE FOR oxg YEAR v CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 11. Name DECEIVED Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION 2. HomeAddress %% S �/y L.A . G //e. 3. Business �7- "L),L7)o Arz ag I 'G7 Ale, . 4. Business Address 5872 n UNS 0Q- 9=)P-. f v 17W Z 5. Home Phone 3 Off' fo,% 0710 % Business Phone 305 667 J& b G. 6. Educational Back round 7. Community Services 8. Are you a registered voter? Yes—, 9. Are you a resident of the City? Yes No L/ 10. Do you have a business in the City? Yes-k,� No Signatur Date ��' /J% y' e)9 RESUMES WILL RSXAIX ON FILE FOR OATS YEAR CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 6/5198 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 6/9/98 Interim City Manager BOARD APPOINTMENT Mayor Robaina sponsored the attached resolution, which appoints Luigi Vatalini to the Environmental Review and Preservation Board. This is an unexpired term which expires August 5, 1999 or until a successor is duly appointed and qualified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENVIRONMENTAL REVIEW AND PRESERVATION BOARD; APPOINTING LUIGI VATALINI TO SERVE FOR AN UNEXPIRED TERM ENDING AUGUST 5, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. Whereas, The Mayor and City Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and Whereas, The City Commission desires to appoint Luigi Vatalini to serve on the Environmental Review and Preservation Board for an unexpired until August 5, 1999 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. The City Commission hereby appoints Luigi Vatalini to serve on the Environmental Review and Preservation Board. Section 2. The expiration date of this appointment shall expire on August 5, 1999 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED and ADPOPTED this 9t" day of June, 1998. Attest: Approved City Clerk Read and approved as to form: City Attorney Mayor COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Russell Commissioner Feliu: Commissioner Bethel wr CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6.348 CITY BOARD /COXMITTEB APPLICATION 1. Name LV1Cr r V I -t'Avul (please print) 2. HomeAddress Gpq2S SW C0390 CT , SOUTH HIAH I 351013 3. Business - 4. Business Address ��: , SUr'Cg� •'�- '�-' -S 5. Home Phone 1065 • -t � 22 Business Phone 5ce% - 0602 6. Educational Background 7. Community services L1u ivoagrrY g� u bAj:j t - 8. Are you a registered vo'te'r? - 9. Are you a resident of the City? Yes / Yes ✓ No No / 10. Da you have business in the City? yes No ✓ Signature �� Date'2� ASSMES VrZZ RSHAIX ON FSLS r0R ONO YEAR Lead 84£9£9990£ Iw"* +1I70S -jO .tlIO Wd 8Z3 Y8 nHZ 86- 8Z -AOW 61 I CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr Interim City Manager DATE:, 6/5/98 AGENDA ITEM # Comm. Mtg. 619/98 EDUCATIONAL COMMITTEE Mayor Robaina sponsored the attached resolution, which amends Resolution No. 60 -98 -10327 by including the language "or anyone who has contributed substantially to the community." At the May 19th City Commission meeting discussion was held whereby the Commission expressed a desire to provide those individuals not residing within the corporate boundaries of the city but had contributed substantially to the city an opportunity to serve on the Educational Committee. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATION; 6 AMENDING RESOLUTION NO. 60 -98 -10327 WHICH ESTABLISHED A 7 CITY WIDE EDUCATIONAL COMMITTEE IN THE CITY OF SOUTH 8 MIAMI; PROVIDING FOR TERM OF OFFICE; ESTABLISHING 9 DUTIES; PROVIDING FOR AN EFFECTIVE DATE 10 11 WHEREAS, the South Miami City Commission firmly believes 12 that public education is an issue of community -wide concern; and 13 14 WHEREAS, the South Miami City Commission desires to create 15 an educational committee to formulate and present to the City 16 Commission proposed programs and projects to further improve 17 public education in South Miami; and 18 19 WHEREAS, Resolution No 60 -98 -10327 created the Educational 20 Committee on March 17, 1998; and 21 22 WHEREAS, the City Commission desires to amend this 23 resolution to provide for a anyone who has contributed 24 substantially to the community to be considered as a worthy 25 applicant for appointment to this Committee. 26 27 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 28 CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. There is hereby created and established in 31 the City of South Miami an advisory committee to be known as the 32 City of South Miami Educational Planning Committee, with its term 33 to expire March 17, 2000 unless extended by the City Commission. 34 35 Section 2. The Committee shall consist of five (5) 36 members. The Mayor with the advice and consent of the City 37 Commission shall appoint four (4) members. The Mayor or his 38 designee shall serve as Chairperson for this Committee. All 39 members shall be residents of the City of South Miami, has their 40 principal place of work or business in South Miami or anyone who 41 has contributed substantially to the community. Member shall be 42 appointed for terms expiring March 17, 2000. 43 44 Section 3. The members of the Committee shall designate 45 from its members a Chairman, a Vice - Chairman and a Secretary. 46 Three members of the Committee shall constitute a quorum. Should 47 any member not attend two consecutive, or a total of three 48 meetings of the Committee, that member shall be automatically 49 removed and replaced by the entity, which made the original 50 appointment. No action shall be taken except by a majority vote 51 of those present at a duly constituted meeting of the Committee. 52 The Committee may adopt By -laws governing its meetings and, on 53 matters within its jurisdiction. Copies of minutes of all 54 Committee meetings shall be furnished to the City 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 Section 4. The City Manager shall designate staff to this Committee. Section 5. The duties and functions of the Committee shall be to recommend educational programs and projects and to function as a fact finding entity. The recommended programs and projects shall be formulated into an action plan and subsequently presented to the City Commission for final approval. Section 6. 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: 7w FIT E COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: RESOLUTION NO. 60 -98 -10327 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO EDUCATION; ESTABLISHING A CITY WIDE EDUCATIONAL COMMITTEE IN THE CITY OF SOUTH MIAMI; PROVIDING FOR TERM OF OFFICE; ESTABLISHING DUTIES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the South Miami City Commission firmly believes that public education is an issue of community -wide concern; and WHEREAS, the South Miami City Commission desires to create an educational committee to formulate and present to the City Commission proposed programs and projects to further improve public education in South Miami. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. There is hereby created and established in the City of South Miami an advisory committee to be known as the City of South Miami Educational Planning Committee, with its term to expire March 17, 2000 unless extended by the City Commission. Section 2. The Committee shall consist of five (5) members. Four (4) members shall be appointed by the Mayor with the advice and consent of the City Commission. The Mayor or his designee shall serve as Chairperson for this Committee. All members shall be residents of the City of South Miami or have their principal place of work or business in South Miami. Member shall be appointed for terms expiring March 17, 2000. Section 3. The members of the Committee shall designate from its members a Chairman, a Vice - Chairman and a Secretary. Three members of the Committee shall constitute a quorum. Should any member not attend two consecutive, or a total of three meetings of the Committee, that member shall be automatically removed and replaced by the entity, which made the original appointment. No action shall be taken except by a majority vote of those present at a duly constituted meeting of the Committee. The Committee may adopt By -laws governing its meetings and, on matters within its jurisdiction. Copies of minutes of all Committee' meetings shall be furnished to the City Commission. Section 4. The City Manager shall designate staff to this Committee. Section 5. The duties and functions of the Committee shall be to recommend educational programs and projects and to function as a fact finding entity. The recommended programs and projects shall be formulated into an action plan and subsequently presented to the City Commission for final approval. Rage 2 of Res. #r'60 -98 -10327 Section 6. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 17th day of March, 1998. ATTEST: � � CITY CLE READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: 5 -0 Yea Yea Yea Yea Yea U CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: June 5, 1998 Jr From: Charles D. Scurr Re: Resolution regarding City Manager payment of City Attorney Requested action: Approval of resolution approving payment of non - retainer invoices submitted by Nagin Gallop Figueredo in the amount of $ 2,703.04 Background: Approval of the payment resolution is requested of non - retainer legal services. The Invoice is for services covering the period ending May 31, 1998 Recommend Approval. My Documents /Memo Mayor & Comm/ Resolution/Payment Nagin Gallop Figueredo 6/5/98 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $2,703.04 CHARGING $14.45 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL ESTATE AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, CONSULTING- LEGAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending May 31, 1998, in the amount of $2,703.04; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $2,703.04, are approved for payment and $14.45 shall be charged to Account No. 1500 -3435, Consulting -Real Estate, and the remainder to Account No. 1500 -3410; Consulting - Legal. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of June, 1998. APPROVED: MAYOR NAGINGALLOPFIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351 June 5, 1998 Mr. Charles D. Scurr, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Scurr: Enclosed are our statements for professional services rendered and for costs advanced for the period ending May 31, 1998, in the amount of $2,703.04. Please place this statement on the agenda for the next City Commission meeting for approval. I tabulated the amounts due on each individual file as follows: 0022 -001 Retainer Services 1734 Prof 1 Services $ 18,295.00 Costs 239.46 Retainer 5,632.58 Services> Retainer (12,662.42) Write off (- 12,662.42) Total Due 239.46 0022 -002 Real Estate 1735 Profl Services $ 0 Disbursements 14.45 Total Due $ 14.45 0022 -003 Lien Foreclosures 1736 Profl Services $ 1,275.00 Disbursements 35.59 Total Due $ 1,310.59 0022 -004 DCA v. CSM 1737 Profl Services $ 52.50 Disbursements 15.60 Total Due $ 68.10 0022 -005 Mandelstam v. CSM 1738 ProfI Services $ 437.50 Disbursements 4.18 Total Due $ 441.68 Charles D. Scurr, City Manager June 5, 1998 Page 2 0022 -007 Anthony v. City of 1739 Prof I Services $ 0 South Miami Disbursements 3.00 Total Due $ 3.00 0022 -008 Wascura v. CSM 1740 Profl Services $ 0 Disbursements 0 Total Due $ 0 0022 -009 Watson v. CSM 1741 ProfI Services $ 0 Disbursements 28.71 Total Due $ 28.71 0022 -010 Asher v. CSM 1742 Prof 1 Services $ 0 Disbursements 0 Total Due $ 0 0022 -011 Tooks v. CSM 1743 Prof 1 Services $ 0 Disbursements 0 Total Due $ 0 0022 -012 Pratt v. CSM 1744 Prof I Services $ 0 Disbursements 0 Total Due $ 0 0022 -018 Shields Bowden 1745 Prof 1 Services $ 1,002.50 Disbursements 247.05 Discount - 810.00 Total Due $ 439.55 0022 -019 Pratt v. CSM 1746 Prod Services $ 157.50 Disbursements 0 Total Due $ 157.50 CURRENT TOTAL DUE $ 2,703.04 Retainer services Under the retainer agreement, services are rendered for general municipal matters, as described in article 11, section 7, paragraph A(3) of the charter. Services for extraordinary matters are provided outside the agreement for retainer services. The statement for Matter ID: 0022 -001 gives a detailed description of the legal matters to which time was devoted during the month. The cost of services continues to Charles D. Scurr, City Manager June 5, 1998 Page 3 greatly exceed retainer services. The cost of services for the month exceeded retainer payments by $12,662.42. That amount was written off and absorbed by the firm. During the month of April 1998, services exceeded payments by $9,309.15. Non- retainer services Very small amounts of time were expended on non - retainer services. The only significant matter was foreclosures (0022 -003), on which 8.5 hours were expended in prosecuting pending lien foreclosure actions. Outside counsel services No invoices were received for outside counsel during the month of May. Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop Cc: Mayor and city commission CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 June 5, 1998 Matter ID: 0022 -001 General Municipal Statement No. 1734 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 5/1/1998 BSA Review foreclosure and CRA files concerning infill policy; various 2.50 375.00 telephone conferences with County Tax and Foreclosure offices concerning taxes due on certain properties and concerning properties on List of Lands; prepared memorandum to Ms. Morris and Mr. Delaney concerning properties 5/1/1998 BSA Conferred with Ms. Bynum concerning affidavits; receive and review 0.30 45.00 5/1/1998 EGG Preparing amendment to Charter Revision Com'n resolution 0.30 52.50 5/1/1998 EGG Telephone conference with Mr Lurie regarding agreement and letter 0.30 52.50 of credit for Shaw Nursery development; telephone call to Julio Gutierrez regarding Phil Levine 5/1/1998 EGG Attending meeting Jeffery Watkins, attorney for SPG Phase 1, and 2.00 350.00 Krause Lnu, attorney for Chicago Title Co. regarding restrictions and title requirements 5/4/1998 BSA Revise memorandum to Ms. Morris and Mr. Delaney concerning 0.30 45.00 CRA properties; forwarded via facsimile 5/5/1998 EGG Preparing for and attending city commission meeting 7.00 1,225.00 5/6/1998 BSA Telephone conference with Le -Roy Taylor concerning liens 0.10 15.00 5/6/1998 BSA Reviewed proposed affidavit of posting from Ms. Bynum; telephone 0.50 75.00 conference with Ms. Bynum and revised affidavit; conference with Ms. Bynum concerning stray dogs; follow -up with Mr. Gallop concerning stray dog issue 5/6/1998 EGG Reviewing Florida Municipal Insurance Trust loss report 0.30 52.50 5/6/1998 EGG Preparing status report 0.30 52.50 5/7/1998 BSA Received instructions from Mr. Gallop concerning draft lease for 3.50 525.00 Murray Park residential project; received instructions concerning recording of grant; prepared draft lease 5/7/1998 BSA Reviewed Order postponing summary judgment in Nationsbank v. 0.30 45.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 2 5/11/1998 CSM et al., telephone conference with law office of Echeveria, 1.40 245.00 McCalla concerning suit 5/7/1998 EGG Telephone conferences with Ms. Morris regarding response to 0.40 70.00 Abbot EEOC complaint and with Mr. Garcia regarding preparing lease for residential property adjacent to Murray Park; instructions to work attorney regarding lease and recording documents as required by grant for Goldston open space park 5/7/1998 EGG Attention to letter of credit for Parkside development 0.30 52.50 5/8/1998 BSA Continued draft of residential lease for Murray Park project; inserted 1.00 150.00 5111/1998 pertinent provisions concerning owner's name, legal description, 0.50 87.50 and address; prepared right of first refusal option 5/8/1998 EGG Telephone conferences with Mr Scurr, and with Ms. Inger Garcia 1.50 262.50 5/11/1998 regarding request for meeting concerning Chief Watson; revising 3.00 525.00 litigation plan and budget for CSM v. Bowden 5/11/1998 BSA Received instructions from Mr. Gallop concerning grant agreement; 1.50 225.00 received agreement; conferred with Dan McCrea concerning grant 5/12/1998 project, agreement, supplements and proposals; left message for 0.60 90.00 Ms. Carbajal 5/11/1998 BSA Received instructions from Mr. Gallop concerning Murray Park 0.30 45.00 5/12/1998 lease; forwarded to Ms. Garcia 2.50 437.50 5/11/1998 EGG Reviewing Friday packet of documents, with paticular attention to 1.40 245.00 further request for Stage 4 grievance proceeding or arbitration concerning former Sgt. Levine, false arrest claim by Paramlall, correspondence regarding unsafe structures, motions to dismiss by municipalities in Favalora v. Miami Dade County, et al. and other document; review draft lease residence for use by parks and recreation department 5/11/1998 EGG Review brief on appeal of qualified immunity issue in Wascura v. 0.40 70.00 CSM, Neil Carver, et al. 5111/1998 EGG Reviewing federal judicial decions regarding exemptions from FOIA 0.50 87.50 requests and confidentiality of certain records in EEOC proceedings 5/11/1998 EGG Preparing planning board document on powers, duties, 3.00 525.00 responsiblities, hearing requirements, and ethic laws 5/12/1998 BSA Telephone conference with Isis Carbajal; follow -up with Ms. 0.50 75.00 Kennedy's office regarding Nationsbanc matter 5/12/1998 BSA Telephone conference with Ms. Bynum concerning notice 0.60 90.00 provisions, posting and various violations; research and online Lexis research concerning Notice 5/12/1998 EGG Telephone conferences with Mr. Watkins and Mr. Floyd Kraus, 2.50 437.50 Chicago Title, regarding heirs to grantor of city parking lot property, with Mr. Alias to obtain information, with Mayor Robaina regarding scheduling meeting with heir; telephone conferences with Ms. Taylor and com'r Felieu, attending planning board meeting Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 5/12/1998 EGG Attending planning board meeting and presenting seminar on 3.00 powers, duties, responsibilities and ethics 5/13/1998 BSA Review and analysis of Agreement for grant from Annenberg 3.20 foundation; conferred with Mr. Gallop; prepare correspondence to Ms. Carbajal concerning Annenberg grant; follow -up on Nationsbanc suit; receive instructions concerning Department of Justice lease 5/13/1998 BSA Received instructions from Mr. Gallop concerning Turf & Landscape 0.20 5/18/1998 BSA Review agreement between Florida Department of Transportation and City of South Miami for turf and landscape maintenance; prepare memorandum to Mr. Scurr; review documents for recording concerning FDEP grant; telephone conference with recorder's office 5/19/1998 BSA Conferred with Mr. Gallop concerning turf and maintenance contract; Meeting with Messrs. Gallop, Slaven and Hakeem concerning ISDS contract and computer problems 5/19/1998 EGG Preparing for and attending meeting among Earl G. Gallop and Messers Adler, Oshikoya and Kabola regarding non - performance by IDAS under computer contract; preparing for and attending city commission meeting 5/20/1998 BSA Conferred with Mr. Gallop concerning lease for Gerald Cox residence; reviewed and implemented changes; review filing requirements for Florida Department of Environmental protection grant; telephone conference with Ana Garcia's office concerning Florida Department of Environmental Protection grant; prepared facsimile to Ms. Garcia; received instructions from Mr. Gallop 3.00 3.00 Page: 3 525.00 480.00 30.00 450.00 437.50 350.00 345.00 525.00 122.50 450.00 450.00 7.00 1,225.00 2.50 375.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Maintenance Agreement 5/13/1998 BSA Telephone conference with Ms. Carstarphen concerning details of 3.00 lease agreement with City of South Miami and Mount Nebo Missionary Baptist Church; received instructions from Mr. Gallop; prepared draft lease; conferred with Mr. Gallop and received instructions 5/13/1998 EGG Attending staff meeting, meeting with city manager and meetings 2.50 with various department heads 5/13/1998 EGG Attending annexation meeting 2.00 5/14/1998 BSA Telephone conference with Ms. Carstarphen concerning lease for 2.30 Mount Nebo Missionary Baptist Church; began preparation of lease; research concerning proper name for Mount Nebo 5/15/1998 BSA Telephone conference with Ana Garcia concerning Murray Park 3.50 lease; preparation of draft lease concerning Mount Nebo Missionary Baptist Church property; prepare memorandum to Ms. Carstarphen; analysis of Turf and Landscape contract 5/15/1998 EGG Telephone conferences with Mayor Robaina regarding procedure for 0.70 selecting city manager, Ms. Taylor regarding appointments resolution, Mr. Goodin regarding letter of credit, Ms. Morris regarding CRA 5/18/1998 BSA Review agreement between Florida Department of Transportation and City of South Miami for turf and landscape maintenance; prepare memorandum to Mr. Scurr; review documents for recording concerning FDEP grant; telephone conference with recorder's office 5/19/1998 BSA Conferred with Mr. Gallop concerning turf and maintenance contract; Meeting with Messrs. Gallop, Slaven and Hakeem concerning ISDS contract and computer problems 5/19/1998 EGG Preparing for and attending meeting among Earl G. Gallop and Messers Adler, Oshikoya and Kabola regarding non - performance by IDAS under computer contract; preparing for and attending city commission meeting 5/20/1998 BSA Conferred with Mr. Gallop concerning lease for Gerald Cox residence; reviewed and implemented changes; review filing requirements for Florida Department of Environmental protection grant; telephone conference with Ana Garcia's office concerning Florida Department of Environmental Protection grant; prepared facsimile to Ms. Garcia; received instructions from Mr. Gallop 3.00 3.00 Page: 3 525.00 480.00 30.00 450.00 437.50 350.00 345.00 525.00 122.50 450.00 450.00 7.00 1,225.00 2.50 375.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 4 concerning Child Abuse program; received code enforcement package 5/20/1998 EGG Final preparation of lease agreement with Mr. Gerald Cox; final 0.50 87.50 preparation of waiver and release agreement for Mr. Don Abbot 5/20/1998 EGG Instructions to Mr. Adler regarding review of child abuse prevention 0.30 52.50 program materials; telephone conferences with Ms. Morris and Mr. Feldman regarding city manager selection; telephone conference with Mr. Scurr 5/21/1998 BSA Received instructions from Mr. Gallop concerning property forfeiture 8.50 1,275.00 files; various telephone conferences with Weiner, Carol and Eva concerning Code Enforcement Board matters; receive correspondence and payment for 7401 S.W. 67th Avenue (Bankers Trust Property); prepare memorandum to Code Enforcement Board; telephone conference with Mr. Taylor; Reviewed Code Enforcement Hearing materials and prepared for Code Enforcement Board meeting; conferred with Ms. Boutsis concerning Shields Bowden file; prepare for, travel to and attend Code Enforcement Meeting; conference with Mr. McCrea concerning Annenberg Grant 5/21/1998 EGG Instructions regarding preparing notice for meeting to city manager 0.50 87.50 profI search committee; attention to forfeiture files 5/21/1998 EGG Attention to parking garage; preparing memorandum to mayor 0.60 105.00 Robaina regarding securing release from deed restriction; telephone conferences with same and Mr. Jeffery Watkins, title attorney 5/21 /1998 EGG Telephone conferences with Mr. Scurr and Mr. Goodwin 0.30 52.50 5/21/1998 EGG Preparing for and attending code enforcement board meeting 2.00 350.00 5/22/1998 BSA Attention to forfeiture files 1.00 150.00 5/22/1998 EGG Telephone conferences with Mr. Scurr, Chief Watson and Ms. 1.20 210.00 Morris regarding response to EEOC complaint by Jhumboolah, discussion regarding request to initiate Stage 4 grievance procedure concerning Levine, initiating Ombudsman program and handling of petition by FOP to determine representation and certification; reviewing PERC order regarding determination on FOP petition; telephone conference with Mr. Jim Crosland, labor attorney, correspondence to same regarding special legal counsel 5/26/1998 BSA Attention to Child Abuse Program; prepare memorandum to Mr. 2.00 300.00 Gallop concerning program 5/26/1998 BSA Receive instructions from Mr. Gallop concerning Value Adjustment 0.25 37.50 Board and ad valorem taxes 5/26/1998 EGG Attention to telecommunications faciities ordinance; reviewing 3.00 525.00 documents from MasTec (Sprint); reviewing ordinances from other jurisdictions; preparing memorandum to city manager 5/26/1998 EGG Attention to telecommunications right -of -way franchise ordinance; 2.00 350.00 reviewing ordinances from other jurisdictions 5/26/1998 EGG Receipt and review EEOC charge of discrimination by Ms. Shirley 0.30 52.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 5 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Bradshaw; preparing transmittal memorandum to Mr. Scurr 5/26/1998 EGG Preparing FY 1999 budget 0.90 157.50 5/26/1998 EGG Telephone conferences with Ms. Susan Delegal, counsel for 0.30 52.50 BellSouth, Janna Lloda, attorney for TCG, 5/2711,11'-' 3 BSA Review of computer contract documents; telephone conference with 2.00 300.00 Weiner concerning receipt of payment; telephone conference with Ms. Munro; telephone conference with Ms. Garcia concerning open space parks 5/27!1998 EGG Attend staff meeting; meeting with Mr. Oravek regarding work on 2.50 437.50 telecommunications zoning ordinance; meeting with Mr. Scurr regarding enforcement of violation of administrative waiver 5/27/1998 EGG Telephone conferences with Mr. Ron Mastriana, attorney, Sprint, 0.30 52.50 and with Ms. Keri Barsh, regarding scheduling workshop on telecommunications zoning ordinance 5/28/1998 BSA Attention to open space parks grant lease, including conversations 1.00 150.00 with Ms. Carstarphen and Ms. Garcia; drafted language for recording 5/28/1998 EGG Attending meetings with Messers Alias, Razook, Watkins, Scurr 2.70 472.50 and Oravek regarding further handling needs on parking garage project; with Messers Scurr and Oravek and Ms. Llama regarding administrative waiver matters; with Mr. Scurr regarding proceedings on FOP petition for recognition and certification; telephone conferences with Mr. Jim Crosland and Mr. Scurr regarding proceedings on FOP petition 5/28/1998 EGG Review and approve permit agreement with MDTA for maintenance 3.00 525.00 of signage at Metrorail right -of -way 5/28/1998 EGG Review proposed ordinance extending telecommunications 0.20 35.00 permitting moratorium 5/29/1998 BSA Attention to Value Adjustment Board and Property Appraisers 2.50 375.00 issues, including travel to and from Property Appraiser's Office and Value Adjustment Board; Telephone conference with Maria in Parks & Recreation concerning grant 5/29/1998 EGG Telephone conference with Mr. Ken Smith, FLC, regarding 1.20 210.00 evaluating and revising utility tax and franchise fee structure and agreements 5/29/1998 EGG Telephone conferences with Messers Jim Crosland, labor counsel, , 0.60 105.00 and Scurr, and Chief Watson regarding FOP petition for certification, and with Mr. Scurr regarding other matters 5/29/1998 EGG Prepared city attorney's report on pending and completed matters 2.30 402.50 5/30/1998 BSA Continue review of computer contract materials 2.50 375.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. Rate Summary Brian S. Adler Earl G. Gallop Expenses Payments CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 6 Total Professional Services 18,295.00 Discount: - 12,662.42 51.85 hours at $150.00 /hr 7,777.50 60.10 hours at $175.00/hr 10,517.50 Total hours: 111.95 Courier charge Parking Legal research Telefacsimile charge Photocopies Postage Long distance telephone charge 10.95 5.00 25.53 47.00 133.25 7.49 10.24 Sub -total Expenses: 239.46 5/15/1998 Payment 2,884.61 5/15/1998 Payment 6133 5/27/1998 Payment 2,884.61 Sub -total Payments: 5,830.55 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -001 Page: 7 Total Due To be properly credited, please indicate Statement Number on your remittance check. 5,632.58 239.46 5,872.04 197.97 5,830.55 239.46 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN G ALLOP FI GUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Expenses Facsimile: (305) 854 -5351 June 5, 1998 Matter ID: 0022 -002 Real Estate Statement No. 1735 Photocopies 1.50 Postage 0.32 Long distance telephone charge 2.17 5/6/1998 Outside copy job 10.46 Sub -total Expenses: 14.45 Payments 5/15/1998 Payment 2,596.33 Sub -total Payments: 2,596.33 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NaginGallopFigueredo, P.A. Matter ID: 0022 -002 Page: 2 For Professional Services 0.00 For Disbursements Incurred 14.45 Current Balance: 14.45 Previous Balance: 2,897.29 Payments - Thank you 2,596.33 Total Due To be properly credited, please indicate Statement Number on your remittance check. 315.41 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOYA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Facsimile: (305) 854 -5351 June 5, 1998 Matter ID: 0022 -003 Foreclosures Statement No. 1736 Hours Amount 5/1/1998 BSA Marshall Williams: Review Probate file on Naomi Williamson at 1.00 150.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. courthouse 5/1/1998 BSA Krummrei: Prepare for, travel to and attend hearing concerning 2.00 300.00 amendment of complaint to include daily violations 5/4/1998 BSA Marshall Williams: Finalize correspondence to Vital Statistics; 0.30 45.00 enclosed payment and ordered certificate 5/4/1998 BSA Krummrei: Prepare Amended Complaint; telephone conference with 0.60 90.00 Ms. Rosa concerning recent violations 5/5/1998 E'" Krummrei: Prepared Amended Complaint 0.50 75.00 5/7/1998 G: 5716 Commerce Lane: Telephone conference with Charisse 0.30 45.00 Delgado concerning property description and problems with Folio number; forwarded legal description to Ms. Delgado and discussed address 5/11/1998 BSS. -. Krummrei: Telephone conferences with Eva Rosa and Carol Bynum 1.10 165.00 concerning liens; received filed liens; incorporated into amended complaint; amended complaint; filed same 5/11/1998 E :.__ . Williamson: Prepare proposed order granting defaults 0.10 15.00 5/12/1998 BSA Marshall Williams Apartments: Travelled to and attended hearing 2.00 300.00 on Defaults and Constructive Service 5/18/1998 BS.Y ==. Marshall Williams: Reviewed file; prepared Non - military affidavit for 0.30 45.00 Ms. Ruth Williams; prepared motion for default and proposed default 5/19/1998 BSA Marshall Williams: Receive and review Certificate of Death of Naomi 0.10 15.00 Williamson 5/26/1998 BSA Marshall Williams: Received default against Ms. Ruth Williams 0.10 15.00 5/26/1998 BSA Krummrei: Received and returned phone message from Mr. Steven 0.10 15.00 Krummrei Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. Rate Summary Brian S. Adler Expenses 5/2/1998 Payments 5/15/1998 CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -003 Page: 2 Total Professional Services 8.50 hours at $150.00 /hr Total hours: 8.50 Legal research Telefacsimile charge Photocopies Postage Long distance telephone charge Certificate of Death 1,275.00 10.54 2.00 5.50 8.01 0.54 9.00 Sub -total Expenses: 35.59 Payment 540.89 Sub -total Payments: 540.89 1,275.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -003 Page: 3 1,275.00 35.59 1,310.59 2,243.18 540.89 Total Due 3,012.88 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDORA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 331334741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 5, 1998 Charles D. Scurr Matter ID: 0022 -004 City Manager DCA v. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 1737 South Miami, FL 33143 Hours Amount 5/4/1998 EGG Transmitting executed settlement agreement to Ms. Karen 0.30 52.50 Broodeen, DCA attorney Total Professional Services 52.50 Rate Summary Earl G. Gallop 0.30 hours at $175.00/hr 52.50 Total hours: 0.30 Expenses Telefacsimile charge 4.00 Photocopies 7.00 Postage 4.47 Long distance telephone charge 0.13 Sub -total Expenses: 15.60 Payments 5/15/1998 Payment 299.06 Sub -total Payments: 299.06 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nag! nGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -004 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 52.50 15.60 68.10 334.06 299.06 103.10 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Facsimile: (305) 854 -5351 June 5, 1998 Matter ID: 0022 -005 Mandelstam v. CSM Statement No. 1738 Hours Amount 5/1/1998 EGG Preparing final order; telephone conferences with Messers 1.00 175.00 Mandelstam and David Wolpin, attorney for Westway and Shaws, regarding order and handling hearing 5/4/1998 EGG Attending hearing on motion to approve settlement agreement 1.50 262.50 Total Professional Services 437.50 Rate Summary Earl G. Gallop 2.50 hours at $175.00/hr 437.50 Total hours: 2.50 Expenses Payments 5/15/1998 Photocopies Postage Long distance telephone charge 3.50 0.55 0.13 Sub -total Expenses: 4.18 Payment 567.64 Sub -total Payments: 567.64 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -005 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 437.50 4.18 441.68 730.72 567.64 604.76 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Expenses Facsimile: (305) 854 -5351 June 5, 1998 Matter ID: 0022 -007 Anthony v. City of South Miami Statement No. 1739 Parking 3.00 Sub - total Expenses: 3.00 For Professional Services 0.00 For Disbursements Incurred 3.00 Current Balance: 3.00 Previous Balance: 3.00 Payments - Thank you 0.00 Total Due 6.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305); 854 -5353 Facsimile: (305) 854 -5351 June 5, 1998 Charles D. Scurr Matter ID: 0022 -008 City Manager City of South Miami Wascura v. City of South Miami 6130 Sunset Drive Statement No. 1740 South Miami, FL 33143 Payments 5/15/1998 Payment 58.89 Sub -total Payments: 58.89 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 127.90 Payments - Thank you 58.89 Total Due 69.01 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 5, 1998 Charles D. Scurr Matter ID: 0022 -009 City Manager Watson v. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 1741 South Miami, Florida 33143 Expenses Telefacsimile charge Photocopies Postage For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 24.00 3.75 0.96 Sub -total Expenses: 28.71 0.00 28.71 28.71 8.32 0.00 Total Due 37.03 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Payments 5/15/1998 Facsimile: (305) 854 -5351 June 5, 1998 Matter ID: 0022 -010 Asher v. City of South Miami Statement No. 1742 Payment 1,882.56 Sub -total Payments: 1,882.56 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 1,918.77 Payments - Thank you 1,882.56 Total Due 36.21 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO PA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 5130 Sunset Drive South Miami, Florida 33143 Facsimile: (305) 854 -5351 June 5, 1998 Matter ID: 0022 -011 Tooks v. City of South Miami Statement No. 1743 Payments 5/15/1998 Payment 274.89 Sub -total Payments: 274.89 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 293.14 Payments - Thank you 274.89 Total Due 18.25 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOP.A. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 5, 1998 Charles D. Scurr Matter ID: 0022 -012 City Manager Pratt v. City of South Miami City of South Miami 6130 Sunset Drive Statement No. 1744 South Miami, Florida 33143 Payments 5/15/1998 Payment 21.65 Sub -total Payments: 21.65 For Professional Services 0.00 For Disbursements Incurred 0.00 Current Balance: 0.00 Previous Balance: 50.21 Payments - Thank you 21.65 Total Due 28.56 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, FL 33133 -4741 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 June 5, 1998 Charles D. Scurr Matter ID: 0022 -018 City Manager CSM v. Shields Bowden City of South Miami 6130 Sunset Drive Statement No. 1745 City of South Miami, FL 33143 Hours Amount 5/6/1998 EAB Prepared litigation budget and plan; legal database research on 0.00 0.00 subject matter jurisdiction over injunctive relief suit to be filed against Bowden 5/7/1998 EAB Prepared injunctive relief complaint 2.00 300.00 5/11/1998 EAB Revised complaint 1.00 150.00 5/12/1998 EAB Prepared affidavit of Sonja Lama 0.90 135.00 5/22/1998 EGG Final preparation of complaint and motion for injunction 0.50 87.50 5/26/1998 EAB Telephone and written communication with Code Enforcement 0.70 105.00 Officer Carole Bynum; prepared exhibits 5/29/1998 EAB Filed complaint and obtaining hearing date for temporary injunction 1.50 225.00 motion; legal database research on administrative procedures for filing of discovery requests and time requirements for discovery requests Total Professional Services 1,002.50 Discount: - 810.00 Rate Summary Eve A. Boutsis 6.10 hours at $150.00 /hr 915.00 Earl G. Gallop 0.50 hours at $175.00/hr 87.50 Expenses Total hours: 6.60 Photocopies 39.75 Legal research 20.75 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. Payments 5/15/1998 Telefacsimile charge Filing fee Postage CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -018 Page: 2 18.00 168.00 0.55 Sub -total Expenses: 247.05 Payment 52.50 Sub -total Payments: 52.50 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due To be properly credited, please indicate Statement Number on your remittance check. 192.50 247.05 439.55 1,113.00 52.50 1,500.05 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO`A. Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Attorneys & Counselors 3225 Aviation Avenue Third Floor Miami, FL 33133 -4741 Facsimile: (305) 854 -5351 June 5, 1998 Matter ID: 0022 -019 FPO v. CSM Statement No. 1746 Hours 5/29/1998 EGG Review PERC notice of sufficiency; telephone conference with Mr. 0.90 Crosland, labor counsel; preparing response to notice regarding city's acceptance of proposed unit and other matters Total Professional Services Rate Summary Earl G. Gallop 0.90 hours at $175.00/hr 157.50 Total hours: 0.90 Amount 157.50 157.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. NaginGallopFigueredo, P.A. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -019 Page: 2 Total Due To be properly credited, please indicate Statement Number on your remittance check. 157.50 0.00 157.50 0.00 0.00 157.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CITY OF SOUTH MIAMI ® INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 3, 1998 Ct CPVI Agenda Item # From: Mr. Charles Scurr Re: Comm. Mtg. 06/02/98 City Manager Kraynak Office Machines This resolution authorizes the City Manager to execute a one -year contract with Kraynak Office Machines to perform maintenance and repairs on all city typewriters. Typewriters are a necessity in the completion of pre - printed forms. The maintenance agreement will include emergency calls, cleaning, lubrication, loaners, adjustments and replacement of worn or defective parts with new ones as needed. Typing elements, printwheels, print heads or fonts and ribbons are considered supplies, therefore not included in the agreement. The following quotes were obtained: 1. Kraynak Office Machines $1,130.35 2. A -1 Pan Am Office Machines $3,699.00 3. Florida Business Machines $1,585.00 Funds for this expense have been provided for in the current fiscal years budget, under account 1320 - 513.46 -15, repair /maintenance - office equipment in the amount of $1,130.35. I recommend approval. l 1 2 3 4 5 6 7 8 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 00190 FL0 0119)ZSZ101P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KRAYNAK OFFICE MACHINES INC. RELATING TO THE DISBURSEMENT OF THE SUM OF $1,130.35 FOR THE ANNUAL MAINTENANCE CONTRACT. THIS SUM WILL BE CHARGED TO 1320- 513.4615 (REPAIR /MAINTENANCE OPERATING EQUIPMENT). WHEREAS, KRAYNAK OFFICE MACHINES, INC. is the provider of the annual service contract for all the typewriters within City Hall, and the Police Department. WHEREAS, for the term of this agreement Kraynak Office Machines agrees to perform emergency maintenance inspections, lubricate, clean and repair, at our option, all component parts of the typewriters under this contract. WHEREAS, the maintenance contract shall be effective July 1, 1998 through July 1, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to disburse the sum of $1,130.35 to Kraynak Office Machines Inc. for the annual maintenance contract. Section 2. That the disbursement be charged to 1320- 513.4615 (Repair /Maintenance Operating Equipment). 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 915 N.E. 3rd AVENUE, FEDERAL LD. NO. 65- 0404700 FORT LAUDERDALE, FLORIDA 33304 04/09/98 SERVICE CONTRACT RENEWAL-INVOICE NUMBER 520298 P AGE#: 040247 CITY OF SOUTH MIAMI 6130 SUNSET DRI`.E SOUTH MIAMI FL 33143 305..663.6339 1 SERIAL NUMBER MACHINE DESCRIPTION EFF DATE EXP DATE, AMOUNT SOUTH MIAMI /POLICE -- 6130 SUNSET DRIVE -- SOUTH MIAMI, FL. METRO DADE IBM WW3 103572 METRO DADE XEROX 6010 07/03/98 07/03/90 52.13 11TP815 METRO DADE IBM WW 30 07/03/98 07/03/99 43.89 22851 METRO DADE IBM WW3 07/03/98 07/03/99 38.41 22907 METRO DADE IBM WW3 07103/98 07/03199 38.41 22961 METRO DADE WW3 SERIES II 07/03/98 07/03/99 38.41 L W. / 1 V V 2a7783 METRO DADE WW10 SERIES II 07/03/98 07103/99 38.41 254588 METRO DADE XEROX. 6020 07/33/98 07/03/99 93.28 256128 METRO DADE XEROX 6020 07/03/98 07/03/99 93.28 261508 METRO DADE XEROX 6020 07/03/98 07/03/99 93.28 676430 METRO DADE IBM WW5 07103/98 07/03/99 38.41 848879 METRO DADE IBM WW3 07/03/98 07/03/99 38.41 849062 METRO DADE IBM WW3 07/03/98 07/03/99 38.41 849069 METRO DADE IBM WW3 07/03/98 07/03/99 38.41 850844 METRO DADE IBM WW3 07/03/98 07/03/99 38.41 SOUTH MIA /PUBLIC WRK -- 4795 S.W. 75 AVE -- SOUTH MIAMI, FL. 4672 METRO DADE IBM WW3 07/01/98 07/01/99 38.41 852733 METRO DADE IBM WW3 07/01/98 07/01/99 38.41 SOUTH MIA /PARKS - -REC -- 6130 SUNSET DRIVE -- SOUTH MIAMI, FL. 4159753 METRO DADE WW50/70 MONITR 07/01/98 07/01/99 .00 43957 METRO DADE IBM WW 50 07/01/98 07/01/99 82.30 SOUTH MIA /CITY MGR -° 6130 SUNSET DRIVE -- SOUTH MIAMI, FL. 50349 METRO DADE XEROX 6015 07101/98 07101/99 52.13 SOUTH MIA /PLANNING - 6130 SUNSET DRIVE -- SOUTH MIAMI, FL. 1204 METRO DADE XEROX 6016 07/01/ 07/01/99 52.13 " - CUSTOMER SIGNATURE _ .. TWA = XEROX. TA AWAU, - == XEROX. TA RNAc Title to merchandise listed shall not pass to purchaser until the amount of the invoice is paid in full, and merchandise may be repossessed without notice during regular business hours for payment which is past due. LATE PAYMENT FINANCE CHARGE at periodic rate of 1 1!2% per month (18% ANNUAL PERCENTAGE RATE) will be assessed on past due amount if payment is not received within 30 days after billing date unless otherwise stated. Purchaser agrees to pay reasonable Attorney fees and collection charges incurred by the seller on any amount past due. Cll l; n 1.. h 1 P .I J. 040247 CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 305 663.6339 SERIAL NUMBER MACHINE DESCRIPTION EFF DATE EXP DATE AMOUNT SOUTH MIA /CITY CLERK- 6130 SUNSET DRIVE SOUTH MIAMI, FL. 1770800 METRO DADE SEL II CORR. 07/01/98 07/01/39 SOUTH MIA /FINANCE 6130 SUNSET DRIVE SOUTH MIAMI, FL. 154854 METRO DADE XEROX 6010 07/01/98 071011199 3607833 METRO DADE SEL II CORR. 07/011198 07/01/99 40272 METRO DADE WW3 SERIES II 07/01/98 07/01/99 TOTAL CHARGES 1130.35 SALES TAX COMPUTERS !! COMPUTERS !! COMPUTERS !!!! -SALES, REPAIRS, UPGRADES, NETWORKING !!! f (ECE NNE D APR 10 1995 CENTRAL SERVICES 27.44 52.13 27.44 38.41 00 INVOICE TOTAL 1130.35 XEROX TA�►� _�_ - XEROX. TA prat. == Title to merchandise listed shall not pass to purchaser until the amount of the invoice is paid in full, and merchandise may be repossessed without notice during regular business hours for payment which is past due. LATE PAYMENT FINANCE CHARGE at periodic rate of 1 1/2% per month (18% ANNUAL PERCENTAGE RATE) will be assessed on past due amount if payment is not received within 30 days after billing date unless otherwise stated. Purchaser aqrees to Dav reasonable AttornAv faas nnri enllontinn nFe..,o� i........�.• �... •ti.....:.u,.. .......... .....�.._..___. �.._ SENT BY: +Ddo == 06 -05 -9e E2 :i5PM 000000000000000000004 KRAYNAK OFFICE MACHINES, INC. 915 N.E. 3RD AVENUE • FORT LAUDERDALE. FL 33304 KOM 3056677e06 #s 2 our guaranteed machine performance agreement provides guaranteed service coverage. At the time of repair, the machine(s) will be cleaned, lubricated and adjusted. Worn or defective parts will be replaced with the new parts when necessary. There will be no additional charges for intermediate (service calls necessary to keep your equipment in operating condition. The Maintenance Contract does not cover dropped, abused, vanda- lized or machines) damaged by fire, theft, power surges, lightning or acts of God. It does not cover typing elements, printwheels or fonts,.the,changing of ribbons or service calls due to operator error. It does not cover any repairs or parts needed due to foreign objects found in the machine(e). Should a complete chemical overhaul be necessary, it will be offered to the customer at the special Maintenance Contract discount rate. ALL HAN MUMCE COMRACr C RUGES ARB PAYABLE IN ADVANCS . The term of-this agreement is one year from the date and fraom year to year thereafter. A notice for renewal will automatically be sent 90 days before the expiration date. The machines covered are as lusted on the renewal invoice. It is the cu2t0=r8' responsibility to notify KRAYBAR of any additions or deletions of machines to the contract. After the commencement date, either party shall have the right to cancel this agreement upon thirty days written notice. There will be no refund or credit given on machine(s) that are lost, stolen or sold. If a machine is traded in, a credit or refund will be issued only if traded iu to UAYMX OFFICE NALMINEg. This agreement is non- transferable to third parties. IF THE MACHINE NEEDS A SHOP REPAIR, A FREE LOANER WILL BE SUPPLIED. FORt LAUDERDALE (305) 764.2900 MIAMI (305) 751.3434 FAX (305) 779 -1480 FED. 10 F 650404700 u0e tj_ u- PAGE 02. 05/29/1998 08:32 ?056;7790r� tlTTV zr, rat ^M F-',PJRr.H PAGE Pi I I of w-6731 7 �AX•iAX»YAX- FAY -iM r r F" cn CEWRAL SERVICES DIVISION 6130 SUNSET DRME SOUTH MAMI, FL 33143 PHONE: (305) 663-6339 FAX.- (305) 667-78" .4— . L r t m a e-',A4 -Z 6 A W w 16 Ie R,d-p G0') 0 P• 4) LA dm jjj3r*,jW,AJ, Mim ****IF YOU HAVE ANY QUESTIONS PLEASE CALL MF.**** THAW YOU I 10� 3399 N.W. 71 AVENUE - SUM 110 MiAM1. FL 33122 PIL (365) 593 -4300 - FAX. (305) 591 -42S1 rarer GL AN FLORIDA' OMP K� , . =� NEC W "AQKM rA6KAiW SHARP. ' EPSON PINAMSM& MOD TO 6677eZ6 P.03 SERVICE AGREEMENT SOLDToCITY OF SOUTH 91 6110.3unwrt. Drive youth Miami, F'1 U14-3. _ Attn: Anita. Parker Prt3a5 -6��J Fax:�,o.,- �G�. -r8a6 Service Caron nice "Date: Expir�itiva0ea- �1lseemaFie. Customor hereby ordora FIBM Service anti FM agrees to provide sucn scroce on the Tor►owing equipment: TYPE OR MOo6L SEPAL. NUMBER ANNUAL. CNA{iGC MACNINE LOCATION IBM WW- 0 00 Aa.aIe 1S3r1 ww- m ww- 0 1DM uW- TRM WW -50 11314 UE - i .40 a Sarno same 77.1C TERMS AND COND177ONS ON THE REVERSE 81DE ARE PART OF [HIS ACREFMENr Sr gy Fp1A REPHESENiAtIVF S SIGNATUfiE CUSTOMS" gtc ;mac 0ATX i Few RMESENTATNM HWt DATE 31"T► M NWE ri7t e PLEASE RETURN ORIGINAL DULY SIGNED TOTAL P.03 Annual typewriter maintenance contract price comparison QTY TYPEWRITER COMPANY NAME DESCRIPTION KRAYNAK A -1 PANAM FBM each total each total each total 2 XEROX 6010 52.13 $104.26 190.00 $380.00 * $ 1 IBM WW30 43.89 $ 43.89 190.00 $190.00 135.00 $135.00 8 113M WW3 38.41 $307.28 145.00 $1160.00 90.00 $720.00 2 WW3 SERIES II 38.41 $ 76.82 155.00 $310.00 90.00 $180.00 1 WW 10 SERIES II 38.41 $ 38.41 155.00 $155.00 90.00 $ 90.00 3 XEROX 6020 93.28 $279.84 190.00 $570.00 1 IBM WW 5 38.41 $ 38.41 145.00 $145.00 125.00 $125.00 1 WW 50/70 MONITOR 0 0 0 1 IBM WW 50 82.30 $ 82.30 149.00 $149.00 175.00 $175.00 1 XEROX 6015 52.13 $ 52.13 190.00 $190.00 1 XEROX 6016 52.13 $ 52.13 190.00 $190.00 2 SEL. 11 CORR. 27.44 $ 54.88 130.00 $260.00 80.00 $160.00 $1,130.35 $3,699.00 $1,585.00 * Discontinued parts - due to age not able to offer maint. contract. City of South Miami Police Department INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: May 29, 1998 From: Mr. Charles D. Scuff Re: 'Agenda Item 4 /a City Manager Comm. Mtg. June 9, 1998 ;wf,. Purchase of D.A.R.E. T -shirts The City of South Miami Police Department requests to purchase Drug Abuse Resistance Education (D.A.R.E.) T -shirts for the D.A.R.E. programs at South Miami Middle School and Ludlam Elementary School. The D.A.R.E elementary and middle school programs are excellent programs where uniform police officers teach drug and violence prevention to our children in the schools. The D.A.R.E. program is taught in the 5`" grade in the elementary schools and in the 7`" grade in the middles schools. The Children are educated in drug resistance and refusal skills, how to handle arguments non - violently, self - esteem, how to choose friend and other skills. D.A.R.E. is taught in all 50 States and 48 other countries. The South Miami Police Department was the first agency to graduate a D.A.R.E. class in Dade County. The T -shirts have the D.A.R.E. logo on the front and are given to the children who complete the program. 300 T -shirts are needed for South Miami Middle School and 100 T -shirts are needed for Ludlam Elementary School, at a cost of $1,300.00. The funding would come from the Federal Forfeiture Account 615 - 1910 -521 -3490. I recommend approval of this expenditure. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING 6 THE CITY MANAGER TO DISBURSE THE SUM $1,300.00 TO 7 NATIONAL FLOCK FOR THE PURCHASE OF 300 MIDDLE 8 SCHOOL T- SHIRTS AND 100 ELEMENTARY SCHOOL T- SHIRTS 9 CHARGE THE FUNDS TO ACCOUNT NUMBER 615- 1910 -521 -3490 10 FEDERAL FORFEITURE FUNDS. 11 12 WHEREAS, the Police Department is purchasing T -shirts for the D.A.R.E. 13 programs at South Miami Middle School and Ludlam Elementary School. 14 15 WHEREAS, in the D.A.R.E. program uniformed police officers teach our children 16 drug resistance and violence reduction skills. 17 18 WHEREAS, D.A.R.E. is a program which is taught in all 50 States and 48 other 19 countries, and the City of South Miami Police Department was the first agency in Miami - 20 Dade County to graduate a D.A.R.E. class. 21 22 WHEREAS, the T -shirts will be given to those children who complete the D.A.R.E. 23 program. 24 25 WHEREAS, National Flock was the low price bidder for providing the T- shirts for a 26 sum of $1,300.00. The funds will come from the Federal Forfeiture account number 615- 27 1910 -521 -3490. 28 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COMMIISSION OF THE CITY 31 OF SOUTH MIAMI, FLORIDA: 32 33 34 35 Section 1. That the City Manager is authorized to disburse a sum of $1,300.00 to 36 National Flock from the Federal Forfeiture account 001 - 0000 - 131 -1500. 37 38 39 Section 2. This Resolution shall become effective immediately upon its adoption. 40 41 42 43 44 45 PASSED AND ADOPTED this day of , 1998. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Kathy Vazquez To: CAPT. DAN SALERNO 5/'t9/98 Subject: NATIONAL FLOCK PER OUR CONVERSATION, I AM RETURNING INVOICE #94 IN THE AMOUNT OF $975.00 AND REQUISITION #PD2093 IN THE AMOUNT OF $325.00. PER HAKEEM A RESOLUTION IS REQUIRED. PLEASE LET ME KNOW AS SOON AS IT IS APPROVED. THANKS 1 Vendor: City of South Miami 6130 Sunset Drive, South Miami FL 33143 South Miami Police Department REQUISITION NATIONAL FLOCK 4401 SW 75 AVE, BAY #2 MIAMI FL 33155 CONFIRMATION V NO. PD2093 Date 05/12/98 (YES OR NO) FOR POLICE DEPARTMENT I DELIVER TO I REQUIRED DELIVERY DATE INFORMATION TO BE FURNISHED BY DEPARTMENT I FOR PURCHASING AGENT = ax xxaxxaxvaxxaxz axx azaxxaaxz aaaazxaaaaaaxazaaxxx sasaaazasaasa sa asaaasaz zazxxxxzaxxsxzxaazxxxaaxxxxxaza a axxaaaaxaaaaazxa Quantity Description and specifications Account I Unit Price Amount to be charged ------------------------------------------------------------------------------------------------------------------------ 100 T- SHIRTS - DARE; BLACK WITH 2 COLOR DARE LOGO ON FRONT (L01615- .1910- 521 -3490 3.25 325.00 DARE, SILVER LETTBRING)10 ANN.ON SLEEVE - 75 LARGE, 25 X LAS 00 i C p i!Iy 1 .; 199 i ER V /CFS { Total Amount $ 325.00 xaz ax xaxxxxz axeax axz ax saaaz aaz azzaaaax vaxax ax azzaaxx xaxaxaaaaxaaaaazz aaz azz cxx xaaaz cx axaaascxax za = =x =axxaaxaxxaxaxzzxax rchase f Terms /Discount �rder No. I HEREBY CERTIFY THAT THE ABOVE CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE TBRIAL OR SERVICE IS ESSENTIAL , OF PURCHASE ORDER AUTHORIZED A PROPER REQUEST AGAINST THE --------------------------------------------- DES CHARGED. SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT OTHERWISE NOTED) OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER 4 TIONAL FLOCK 401 S 75 AVE. UNIT 2 11AMI9 FL. 33155 HONE (305) 261 -9926 AX (305) 266 -0117 Invoice DATE INVOICE # 4/28/98 94 BILL TO SHIP TO 'ITY OF SOUTH MIAMI CITY OF SOUTH MIAMI LANCE DEPARTMEN T FIANCE DEPARTMENT DIVISION OF PURCHASING DMSION OF PURCHASING 130 SUNSET DRIVE 6130 SUNSET DRIVE OUTH MIAMI FL 33143 SOUTH N HANII FL 33143 P.O. NUMBER TERMS REP DUE DATE SHIP VIA F.O.B. DAN Net 30 LS 5/28/98 4/28/98 PICK UP 02..5 QUANTITY ITEM DESCRIPTION PRICE EACH AMOUNT 300 F OF L 50150 50150 T' SHIRT GRAY SHIRTS; WITH DARE 3.25 975.00 LOGO U��Jr�r; P. � UMBER ._--- ----�" REQUISITION NUMbEi: RECE�YEa AS V AND QUALITY QUANT ead pepartme Ne appreciate your prompt payment. Total $975.00 Vendor: NATIONAL FLOCKiV 4401 SW 75 AVE, BAY #2 MIAMI City of South Miami 6130 Sunset Drive, South Miami FL 33143 South Miami Police Department FL 33155 REQUISITION CONFIRMATION �j(.' �q r, NO. PD2025' Date 04/15/96 (YES OR NO) -----------------------------------------------------------------'------------------------------------------------------ FOR POLICE DEPARTMENT I.DELIVER TO I REQUIRED DELIVERY DATE ------------------------------------------------------------------------------------------------------------------------ INFORMATION TO BE FURNISHED BY DEPARTMENT I FOR PURCHASING AGENT Quantity I Description and specifications I Account I Unit Price I Amount I to be charged I I ---- --- ---- -- -- --- ------ - - -- - -- ----- -- -- --- --- --- ----- --- - T -------------------------------- 300 I T- SHIRTS - DARE MIDDLE SCHOOL 1615- 1910- 521-frti6 l I 3.25 I 975.00 I I I I 1 I I I I I I I I I I I 1 I I I I I I i I I 1 I I i I I I I I I I i 1 I I I I I I I I I I I I I I I I I I I I i I I I I I I I ,-y tA I I 1 1 Total Amount $ 975.00 Purchase 4�1 C" I Terms /Discount � Order No. `` 1 ------------------------------------------------------------------------------------------------------------------------ I HEREBY CERTIFY THAT THE ABOVE I CODING OF ACCOUNTS APPROVED I PURCHASES AS ABOVE APPROVED AND ISSUANCE MATERIAL OR SERVICE IS ESSENTIAL ( 1 OF PURCHASE ORDER AUTHORIZED & A PROPER REQUEST AGAINST THE I-------------- ------ --- ---- -- ----- ----- - - - - -I CODES CHARGED. I SUFFICIENCY OF APPROPRIATION BALANCES I VERIFIED (EXCEPT OTHERWISE NOTED) I I I ---I----------------------------------------------------------------------------------------- HEAD OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER Vendor: NATIONAL FLOCK City of South Miami 6130 Sunset Drive, South Miami FL 33143 South Miami Police Department REQUISITION CONFIRMATION NO. PD2025 Date 04/15/98 (YES OR NO) ------------------------------------------------------------------------------------------------------------------------ FOR POLICE DEPARTMENT I DELIVER TO I REQUIRED DELIVERY DATE ------------------------------------------------------------------------------------------------------------------------ INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT Quantity Description and specifications Account Unit Price Amount to be charged ------------------------------------------------------------------------------------------------------------------------ 300 T- SHIRTS - DARE MIDDLE SCHOOL 1615- 1910 -521 -3490 3.25 1 975.00 Total Amount $ 975.00 --------------- - --- Purchase Terms /Discount Order No. ------------------------------------------------------------------------------------------------------------------------ I HEREBY CERTIFY THAT THE ABOVE CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE MATERIAL OR SERVICE IS ESSENTIAL OF PURCHASE ORDER AUTHORIZED & A PROPER REQUEST AGAINST THE --------------- ----- ---- ----- -- -- ------ --- --I CODES CHARGED. SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT OTHERWISE NOTED) -------------------------------------------------------------------------------------- ---- ---- ------- ----- ----- -- - - -- HEAD OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER Vendor: City of South Miami 6130 Sunset Drive, South Miami FL 33143 South Miami Police Department REQUISITION NATIONAL FLOCK 4401 SW 75 AVE, BAY #2 MIAMI FL 33155 CONFIRMATION NO. PD2093 Date 05/12/98 (YES OR NO) ------------------------------------------------------------------------------------------------------------------------ FOR POLICE DEPARTMENT I DELIVER TO I REQUIRED DELIVERY DATE INFORMATION TO BE FURNISHED BY DEPARTMENT I FOR PURCHASING AGENT Quantity Description and specifications ( Account I Unit Price I Amount i to be charged I I ------------------------------------------------------------------------------------------------------------------------ 100 I T- SHIRTS - DARE; BLACK WITH 2 COLOR DARE LOGO ON FRONT (LO1615- 1910 -521 -3490 I 3.25 325.00 DARE, SILVER LETTERING)10 ANN.ON SLEEVE - 75 LARGE, 25 X LAI I � I I I I I I I I. I I I Total Amount $ 325.00 Purchase I Terms /Discount Order No. ------------------------------------------------------------------------------------------------------ I HEREBY CERTIFY THAT THE ABOVE CODING OF ACCOUNTS APPROVED I PURCHASES AS ABOVE APPROVED AND ISSUANCE MATERIAL OR SERVICE IS ESSENTIAL I OF PURCHASE ORDER AUTHORIZED & A PROPER REQUEST AGAINST THE I---------------------- - ----- i CODES CHARGED. I SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT OTHERWISE NOTED) ---------------------------------- --- ----- ------ ----- ------ --- --- - -- --- HEAD OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER ......................... CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission DATE: June 5, 1998 FROM: Charles Scurr SUBJECT: Agenda # City Manager f4 o Commission Meeting June 9, 1998 Fourth of July Celebration -Bands The attached resolution seeks approval to release funds of $3,500.00 from account number 2000 -4820, `Fourth of July Fireworks ", from the Parks & Recreation Department's budgeted account. This disbursement would pay two bands that are nationally renowned. The management group, Sacquier Management Corporation, is managed by one of the residents of South Miami, Mr. Mel Haber. The bands participating are "Viva ", a Top 40 (5 man band), for $1,000.00 and Jimmy "Bo" Horne, a National recording artist for $2,500.00. Mr. Haber will also provide South Miami with two — (2) free acts up- coming Hip -Hop artist, Franklin Washington and R & B/ Pop artist Galdezz Williams. As this event celebrates our Nation's freedom, it will draw our community together through music, entertainment, and various activities that everyone will be able to enjoy and participate. I recommend approval. bands 98 july event Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,500.00 TO SACQUIER MANAGEMENT CORPORATION, FOR THE BANDS TO PARTICIPATE IN THE FOURTH OF JULY CELEBRATION EVENT AT PALMER PARK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -4820, "FOURTH OF JULY FIREWORKS ". WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000.00; and WHEREAS, The City of South Miami sponsors the Fourth of July event; and . WHEREAS, This year's event will have five (5) major bands and three (3) other local entertainers /acts; and WHEREAS, The entertainment will come from several different bands, ranging in a variety of styles of music, from local to nationally acclaimed talent; the bands are as follows: "Viva"— Top 40 (5 -man band) $ 1,000.00 Jimmy `Bo" Horne (National Recording Artist) $ 2,500.00 WHEREAS, A national recording star will close our evening, making this celebration the greatest Fourth of July event for not only South Miami residents, but the surrounding communities. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to disburse the sum of $3,500.00 from account number 2000 -4820, "Fourth of July Fireworks ", for the above mentioned bands. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY = ... 1 � 3ACOUIER MANACjEME T. ORPoRATION 4770 Biscayne Boulevard * Suits 900 • Miami, Florida 53937 AGREEMENT made this day of 22&y 1 AU-1 between 11 1 V 11 pw t (hereinafter referred / to as "ARTIST'), and (hereinafter referred to as "PURCHASER"). It is mutually agreed between the parties as follows: The PURCHASER hereby engages the ARTIST, and the ARTIST hereby agrees to perform the engagement hereinafter provided upon all terms and conditions set forth. PLACE OF ENGAGEMENT: Q 1IMPIC liar ADDRESS OF ENGAGEMENT: 0 I-41 � % r�►/.�� ,� u�� - /en';CM TYPE OF ENGAGEMENTi:e�.-� DATE(S) OF ENGAGEMENT: L41 1 q a HOUR(S) OF ENGAGEMENT: %, -. 2 FULL PRICE AGREEDUPON: $ t1�0 ©, DO l Qx .�. R�tp� J� ate+ DOLLARS) PURCHASER COMMENTS: OPTIONS: ALL RIDER REQUIREMENTS. All payments shall be paid by certified check, m ney order or cash, as follows: DEPOSIT: S�"00.0o DOLLARS) by one of the above, payable to shall be paid by PURCHASER, WITH SIGNED CONTRACTS, no hter than jam. BALANCE: $ '2 (7418 DOLLARS) by one of the above, pay 1 shall be paid by PURCHASER, no later than All payments shall be made in full without deduction whatsoever. THE SIGNA'T'URES BELOW CON/FfRM THAT//TJIE PARTIES HAVE READ AND APPROVE ALL 'PERMS ABOVE. ARTIST Date %Z a�da c g : canJ. . Z ate: S►ACOWER MANAgEIMEW- CORPORATION 4770 Biscayne Boulevard • Suite 800 • Miami; Florida 33137 AGREEMENT made this day of t between !! ►^M q a" 40-m e_ (hereinafter referred to as "ARTIST'), and 4114IM6 .11M&M, (hereinafter referred to as "PURCHASER "). It is mutually agreed between the parties as follows: The PURCHASER hereby engages the ARTIST, and the ARTIST hereby agrees to perform the engagement hereinafter provided upon all terms and conditions set forth. PLACE OF ENGAGEMENT: rollm-g ra.r 1'� ADDRESS OF ENGAGEMENT: z?' TYPE OF ENGAGEMENT: DATE(S) OF ENGAGEMENT: 9-9 HOUR(S) OF ENGAGEMENT: FULL PRICE AGREEDUPON: $_Q,,o Q (;1 tea• a, eQ DOLLARS) PURCHASER TO P OVIDE ALL RIDER REQUIREMENTS. COMMENTS: 4 n . _ en,, ,. o /: , A+r ,4- 1;, ,-L d7 .4 7- OPTIONS: g a 9, o v All payments shall be paid by certified check, money order or cash, ad follows: DEPOSIT: $ ,` . (MIA, �ahni DOLLAR S) by one ofthe above, payable to shal(ib PURCHASE WITki Y SIGNED CONTRACTS, nd later than S /. !,•5a 1,00 BALANCE: $ DOLLARS) by one of the above, payable to �4c � s 6,10 ag..ngd 4- ,sal be aid by PURCHASER, no later than -7 A ,All payments shall be made in full without deduction whatsoever. THE SIGNATURES BELOW CONFIRM T THE PARTIES HAVE READ AND APPROVE ALL TERMS ABOVE. PURCHA R ate ARTIST , Date 0j /0�� - �A; .4 Ada 6 : o 7 ;a:: J.) 86 , 7: -AV;,j a ........................ .......................... CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission FROM: Charles Scurr City Manager ze f-� DATE: June 5, 1998 SUBJECT: Agenda # 120 CommissiorF Meeting June 9, 1998 Murray Park Building Demolition Electrical Work Prior to the demolition of the Murray Park structure, extensive electrical work needed to be done. The Building Department contacted several electric contractors and only Superior Electric Contractors Inc., was able to do the work and have it done immediately. The cost for labor and materials to identify, locate, disconnect and relocate electricity was $2,760.59. This procedure took approximately three — (3) days of work and several electricians. The work was done in a professional and thorough manner. Funds for this project will be allocated from account number 114 -2000- 572- 4670, "OCED Grant Maintenance & Repair — Grounds & Structures ". I recommend approval. Electric Murray Demo 98 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR $2,760.59 FROM ACCOUNT NUMBER 114- 2000 - 572.4670, "OCED GRANT MAINTENANCE & REPAIR - GROUNDS & STRUCTURES ", FOR MATERIALS AND LABOR DONE AT MURRAY PARK TO DISCONNECT AND RELOCATE ELECTRICITY PRIOR TO THE DEMOLITION OF THE BUILDING. WHEREAS, Pursuant to Article III, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $1,000.00; and WHEREAS, A demolition needed to occur at the structure located at Murray Park; and WHEREAS, Extensive electrical work needed to be done to disconnect, rewire and relocate electrical systems that controlled the parks lights and sprinkler systems; and WHEREAS, Several electric companies were called and were unable to respond immediately and/or give needed services; and WHEREAS, The demolition company was set to demolish immediately, and the only vendor found was Superior Electrical Contractors, Inc. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is awarded to Superior Electrical Contractors, Inc., for the amount of $2,760.00. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY microsoft Word- TreesDante98 WRITE MAYOR MAYOR Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO RELEASE FUNDS FOR $2,760.59 FROM ACCOUNT NUMBER 114- 2000 - 572.4670, "OCED GRANT MAINTENANCE & REPAIR — GROUNDS & STRUCTURES ", FOR MATERIALS AND LABOR DONE AT MURRAY PARK TO DISCONNECT AND RELOCATE ELECTRICITY PRIOR TO THE DEMOLITION OF THE BUILDING. WHEREAS, Pursuant to Article III, Section 5, H, of the City Charter requires bids be obtained for services and or purchases of items over $1,000.00; and WHEREAS, A demolition needed to occur at the structure located at Murray Park; and WHEREAS, Extensive electrical work needed to be done to disconnect, rewire and relocate electrical systems that controlled the parks lights and sprinkler systems; and WHEREAS, Several electric companies were called and were unable to respond immediately and/or give needed services; and WHEREAS, The demolition company was set to demolish immediately, and the only vendor found was Superior Electrical Contractors, Inc. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a purchase order is awarded to Superior Electrical Contractors, Inc., for the amount of $2,760.00. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY microsoft Word- TreesDante98 MAYOR itO cToltsil co 3R "C'MICAL .93 Avenue ijami, Florida 33172 OOK- E: (305) 4777-6328 ED B _ 4. ATEMALS SCRIPTION ME QUANTITY LABOR Yh A. PPROVE l+ V110:R -_O -DER_ } SUPERIOR ELECTRICONTRACTORS INC TELEPHONE (305) 477 -6328 2151 N.W. 93 Avenue Miami, Florida 33172 DATE:/ CHARGE TO: � AUTHORIZED BY: Via` AfC "JOB - t r� S►° �ii ;4 DESCRIPTION OF WORK AND WORK AREA: �^a s _ MATERIALS QUANTITY DESCRIPTION UNIT TOTAL.,_ el to_._ oL . 0 "Vj l am r". ij 4G .,� .. OR T�' F a sa. DATE HOURS CLASSIFICATION UNIT xTOTAL k� fA ge f c..t�. S 0; sa COMMENTS: _ 0 APPROVED L TITLE � _ ,+'EF ?�•''*.- _, Li Ix ti WO F SUPERIORELECTR- AeTORSINC TELEPHONE: (305) 477 -6328 2151 N.W. 93 Avenue rtx. Miami, Florida 33172 _ , f DATE. _ CHARGE TO:,� A e, =- AUTHORIZED BY: JOB: i:. �j 2&9 z si f 4 6�'F /i7t A,-',, CZ 11) 'S3 DATE' DESCRIPTION OF WORK AND WORK AREA:w -- - - MATERIALS _ ` x � ye QUANTITY DESCRIPTION UNIT "' TOTAL 51-7 Q) - . _.3 AN = APPROVED BY: - �w g s� AT / LABOR DATE HOURS CLASSIFICATION UNIT TOTAL .� MAI J.':.! 2. C COMMENTS: = APPROVED BY: �w s� AT a ......................... .......................... CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & Commission DATE: June 5, 1998 FROM: Charles Scurr 07 SUBJECT: A enda # 9 1-3 City Manager Commission Meeting June 9, 1998 Sound & Lighting Fourth of July Celebration The attached resolution seeks approval to release funds from account number 2000 -4820, "Fourth of July Fireworks ", for $3,570.00 from the Parks & Recreation Department's budgeted account to Paradise Sounds Entertainment. This disbursement would pay for sound, lighting, and a canopy roof installed by the company, to provide adequate lighting and shelter from inclement weather for all the participating groups. The other vendors were above this vendor's cost, which did not include the added canopy roof. Listed are the vendors and price: Paradise Sounds Entertainment $ 3,570.00 with canopy Beachsound Inc. $ 3,440.00 without canopy Off- The -Wall Sound & Lighting Co., Inc. $ 3,250.00 without canopy The canopy is estimated at $1,100.00 and based on this Paradise Sounds Entertainment was deemed the responsive low bidder. Sound and lighting is a very important intricate part of this event. I recommend approval. Sound july 98 Resolution No. 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE 5 THE SUM OF $3,570.00 TO PARADISE SOUNDS ENTERTAINMENT, FOR 6 SOUND, LIGHT, AND CANOPY ROOF COVERING, FOR THE FOURTH OF JULY 7 CELEBRATION EVENT AT PALMER PARK, AND CHARGING THE 8 DISBURSEMENT TO ACCOUNT NUMBER 2000 -4820, "FOURTH OF JULY 9 FIREWORKS ". WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000.00; and WHEREAS, The City of South Miami sponsors the Fourth of July event; and WHEREAS, This year's event will have five (5) major bands and three (3) other local entertainers /acts; and WHEREAS, The City Administration obtained three bids and recommends Paradise Sounds Entertainment to provide the sound and lighting service for this event; and WHEREAS, Paradise Sounds Entertainment is providing a canopy roof, which will increase the support of the lighting equipment, enhance the appearance of the stage area, and shelter the performers from inclement weather. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to disburse the sum of $3,570.00 from account number 2000 -4820, "Fourth of July Fireworks ", for sound, lighting and canopy roof, to vendor Paradise Sounds Entertainment. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Paradise Sounds Entertainment 3238 nw 41 street miomi, H 33142 (305) 841 -3880 (305) 634-3117 4 -30 -98 TO: MARIA STOUT -TATE CITY OF SOUTH MIAMI FROM: CARLOS A. HENAO RE: JULY 4 EVENT DEAR MARIA, THANK YOU FOR EXPRESSING INTEREST IN WORKING WITH US AGAIN. WE HOPE THAT IF WE WORK TOGETHER AGAIN THIS YEAR, THAT WE CAN PROVIDE EQUAL IF NOT BETTER SERVICE THAN WE DID1 LAST YEAR. HOPEFULLY THE WEATHER WILL HOLD UP!!! FOH SOUND: 1 RAMSA 4424 MIXING BOARD $ 1350.00 1 EFFECTS RACK CONTAINING: 2 BSS DUAL 1/3 OCTAVE EQ 4 CHANNEL DBX OR APHEX COMPRESSORS 1 YAMAHA. SPX 90 -II 1 ROLAND SDE 100 DELAY 6 STACKS JBL 4 -WAY HORN LOADED SYSTEM, EACH STACK CONTAINS: 1 DOUBLE 18" SUB,1 DOUBLE 15" MID BASS, 1 12" MID, 1 2" HIGH 2 CREST POWER AMP RACK WITH: 2 9001 AMPS, 1 2401 AMP, 1 901 AMP, 1 CROSSOVER ALL NECESSARY MICROPHONES,DI's, STANDS, CABLES 1 DENON LASS /CD PLAYER 4 EAW OR COMMUNITY 2 X 12" FLOOR MONITORS LABOR: 1 SOUND TECHNICIAN 1 STAGEHAND 2 LOADERS /SETUP GUYS incl GENERATOR: 1 50 Kw GENERATOR (INCL FUEL) $ 400.00 * * *PSE WILL SECURE GENERATOR, BUT IN EVENT OF LOSS CLIENT AGREES TO ASSUME RESPONSIBILITY FOR INSURANCE DEDUCTIBLE OF $1000.00 * ** LIGHTING: 2 10' BOOM AND BASE $ 450.00 24 PAR CANS 1 DIMMER RACK 1 LIGHT BOARD BACKLINE: 2 KEYBOARD AMPS(MACKIE MIXER, CREST AMP, YAMAHA. SPEAKER) $ 270.00 1 MARSHALL GUITAR AMP 1 SWR BASS RIG TOTAL SOUND, LIGHTS, BACKLINE, GENERATOR: $ 2470.00 TERMS: 505 DEPOSIT, BALANCE AFTER SOUNDCHECK. TO: MARIA STOUT -TATE FROM: CARLOS A. HENAO RE: JULY 4 =:_ EVENT AS PER OUR CONVERSATION EARLIER TODAY, THE FOLLOWING IS THE PRICING THAT YOU REQUESTED: 1 32'wide x 25'deep X 25'high GRID $ 1400.00 1 WHITE CANVAS TOP FOR ABOVE GRID SETUP /TEARDOWN DISCOUNT FOR SOUND,LIGHTING, ROOF PACKAGE - 300.00 TOTAL $ 1100.00 TERMS: 50$ DEPOSIT, BALANCE AFTER SOUNDCHECK THANK YOU, CARLOS 1926 NE 148"' STUEE•r • Nonn MIAMI, FL 33181 Oi+ia; (303) 944.8222 • FAX ( 305) 944 -8231 • PACER/VOICE.MMI. 465.8881 I 'u S141P TO PALMER FIELD EVENT JULY 4tH EVENT LOAD -IN: 1:00 PM LOAD -OUT 1.00 AM ATTN,MARIA ELENA OFF,'(305)663 -6319 FAX: (305)669 1266 { Salesperson ANDRE 1 Date of corder 4129198 (_Payment terms BALANCE DUE ON RECEIPT Date order shipped 7/4198 Method of shipment- BEACHSOUND FOS noint Invoke number. 75 I Invoice date. 4/29/98 Order number- #� ITEM NO. QTY. DESCRIPTION PRICE EACH AMOUNT 1 EAW CONCERT SOUND SYSTEM 1 EAW MONITOR SYSTEM 1 1 2X8 MIXING CONSOLE 1 (PROCESSING RACK 1 SOUND TECHNICIANS 1 DRIVE RACK 2 POWER RACKS (CROWN MA) I 1 DENNON CDICASS PLAYER j 1 TAGEHAND I( 2 (LIGHT SPAR TREES i 8 64 LIGHT CANS 2 DIMMER PACKS 1 LIGHT BOARD 1 50KW GENERATOR j ALL EQUALISERS I 1 !GUITAR AMP (FENDER) $40 $40.00 2 KE AMPS ( $80 160.00; 1 BASS AMP $40 .40.00 LL KEYBOARDS AS LISTED $500 $500 - -- -- - -• _ • -�•�• � vn c.. awrvcu curs �'v+G i MUST BE RETURNED Sub total. $2,640.00 DEPOSiTS ARE NON - REFUNDABLE t!'RCMO T ER VENUE ShAU pROV" 1F 1 ecru tN tr c� tong rc n EN t Tax. 0.00 MEWS AND REFRESHMENTS FOR SOUND CREW ARE TO BE PROVIDED WHEN APPROPRIATE Shipping & handling. 0.00 Previous amount owing. 1 0.00 ACCEPTED – ------- — ---------------- °--------- - -- — DATE------ - ---- -- - Credit. PRIN'. NAME --- ----------------------- TITLE- ---- ------- ---- - -- -- You pay this amount. $2,640.00 �GCiI SC 1926 NE 148T" STREET • NURTH MIAMI, FL. 33181 OFFICE (305) 944 -8222 • FAX (305) 944.8231 PAGER%VOICEINIAIL 465 -8881 :9 SHIP TO PALMER FIELD EVENT JULY 4TH EVENT LOAD -IN 1.00 PM 50% OEPOSr !S REOUIERD TO CONPRM DATE SIGNED CO"JTRACT MUST BE RETURNED Sub total $800.00 OEPOSITS ARE NOW REFUNDABLE P1ROMOTER1VENUG SHALL PROVIDE LIABILITY INSURANCE ON -HIS EVEN'; _ Tax. 0.00 MEALS ANO RE °RESHMENTS FOR SOUND CREW ARE TO BE PROVIDED WHEN APPROPRIATE Shipping & handling.. 0.00 Previous amount owing r— ACCEPTED ----- - --------------- - -- -- - -_ —_ _ DATE - -- _._.___._ Credit PEt1f 1T tyAME - - -- ----- ------ ..._ ----- You pay this amount. $800.00 LOAD -OUT 1.00 AM _ ATTN:MARIA ELENA OFF,-(305)663-6319 FAX. (305)669 -1266 ANDRE Date of order 4/29/98 Sales erson BALANCE DUE ON RECEIPT Date order shi ed 7/4/98 Payment terms. Method of shipment BEACHSOUND PC Dint 4129/98 Invoke number 75 Invoice date Order number #1 ITEM NO. QTY. DESCRIPTION PRICE EACH AMOUNT $800.001 24 IPAR 64 CONCERT LIGHT CANS I 1 ONCERT GROUND SUPPORT SYSTEM 1 4X6 LIGHTING CONSOLE 1 LIGHTING TECHNICIAN I 50% OEPOSr !S REOUIERD TO CONPRM DATE SIGNED CO"JTRACT MUST BE RETURNED Sub total $800.00 OEPOSITS ARE NOW REFUNDABLE P1ROMOTER1VENUG SHALL PROVIDE LIABILITY INSURANCE ON -HIS EVEN'; _ Tax. 0.00 MEALS ANO RE °RESHMENTS FOR SOUND CREW ARE TO BE PROVIDED WHEN APPROPRIATE Shipping & handling.. 0.00 Previous amount owing r— ACCEPTED ----- - --------------- - -- -- - -_ —_ _ DATE - -- _._.___._ Credit PEt1f 1T tyAME - - -- ----- ------ ..._ ----- You pay this amount. $800.00 202C N. E. !.53 STREET FORTH MIAMI BEACH, FL 33162 (305) 944 -3324 Far.: (305) 945 -4040 Contract /Proposal Tracking #: 001854 Date: 05/29/1998 updated: 05/29/1905 South Miami City Of 6130 Sunset Dr South Miami, FL 33143 Event: SOUTH MIAMI JULY 4 08 Event Dates: JULY 4 1998 Load In Day: 10 AM Rehearsal Day: 1 PM Load Out Day: 10:30 PM Promoter Rep: Maria Phone: 663 6319 Fax: 669 1266 Location: PALMER FIELD 6100 S+'7 G7 A'V Show Time: 1:30 TO 10:15 PM Stage Crew: OTW Artist: TBA Total Contract: ?'S, .2SG. 00 Confirmation signature: OFF -THE -WALL signature: Page 1 PAYMENT: PAYMENT TO OFF-THE-WALL SOUND CO. AS FOLLOWS; 501; NONREFUNDABLE DEPOSIT WITH SIGNED CONTRACT. SIGNED CONTRACT MUST BE RECEIVED BY 06/14/98 TO HOLD THE EQUIPMENT AND PERSONNEL. THE BALANCE OF THE CONTRAcr IS TO BE PAID THE DAY OF THE SHOW, IMMEDIATELY AFTER THE SOUND CHECK, IN Company corporate check . CONTRACT PROPOSAL GOOD UNTIL CLIENT WILL SUPPLY: ACCESS WITHIN 10' OF STAGE FOR A 211' TRUC '. 150 AMP 3 PHASE 120 \240 VOLT SERVICE FOR SOUND , FIGHTS, LIQUID REFRESHMENTS FOR CREW. A 1 HOUR MEAL BREAK AT DINNER TIME OR PROVIDE ?,UNCH FOR Tt:E CREW OF 3 TECHNICIANS. MAY-29-:51S FR I 1 2 - "3 PRODUCTION S= itVACES PROVIDED Tracking 4001.854 ..................................................... P.03 Page 3 Initial: INDEMNIFICATION: THE LESSEE (CLIENT) SHALL DEFEND, INDEMNIFY AND HOLD 1jxRMLESS THE LESSOR AND THE OFFICERS AND EMPLOYEES OF THE LESSOR FROM r"M AND ALL CLAMS THAT MAY ARISE FROM THE USE OF OR IN CONNECTION WITH THE USE OF UNY EQUIPMENT OR 'WORK PRODUCED BY THE LESSEE, EXCEPT FOR LIABILITIES THAT RESULT BY AN ACT OF OMISSION OR NEGLIGENCE OF LESSOR EQUIPMENT AND/OR- EMPLOYEES AND FROM ANY ATTORNEY'S FEES OR C'OUR'. CASTS ACCRUING TO THE LESSOR BY REASON OF THE DEFENSE OF ANY SUIT OR SUITS ON A14Y C:oAlMS . IT IS AGREED AND UNDERSTOOD BY THE CLIENT THAT AT NO TIME SHALL OTW BE HELD LIABLE FOR ANY ZNZMY TO THE PUBLIC OR PROPERTY OF ANYONE IN ATTENDANCE, OR TO DAMAGES OF THE FACILITY AT ANY CONCERT OR FUNCTION COVERED BY THIS AGREEMENT. EXCEPT WHERE LIABILITY IS DIRECTLY RELATED TO THE LESSEE OR ITS EQUIPMENT, BUT NOT WHEN LIABILITY IS CAUSED BY CLIENT'S PLACEMENT OR OPERATION OF EQUIPMENT. MEALS: THE CREW MUST BE ALLOWED TO TAKE A MEAL BREAK EVERY S HOURS, (FOR l HOUR) . IF THE CREW IS NOT ABLE TO BREAK FOR MEALS, FOR ANY REASON, THEN IT IS THE CLIENTS RESPONSIBILITY v .. iF "f —'��7L I LY ^BAi�*D RIDERS AND THEY ARE y NOT PRESENTED TO OTW 3 DAYS BEFORE A SCHEDULED EVENT OR DEPARTURE TO AN EVENT THEN OTW WILL NOT BE HELD RESPONSIBLE FOR ANY LACK OF EY.IACT EOUIPMENT NEEDED. WE WILL USE OUR BEST JUDGEMENT AT THAT POINT. INSURANCE EQUIPMENT: ALL RISK OF LOSS OR DAMAGJC TO EACH =TEM OF EQUIPMENT SHALL BE BORNE BY THE LESSEE. THE LESSEE SHALL, AT TIiEIR OWN EXPENSE, OBTAIN INSURANCE FROM AN INSURANCE COMPANY QUALIFIED TO DO BUSINESS IN THE STA'V'E OR COUNTRY IN WHICH THE EQUIPMENT IS USED, r.acj� ainq 400t Band Gear 1 ROLAND JC 120 1 PEAVEY MARK 4 HEAD AND 181 CAEiFlTT 1 FENDER TWIN 1 PEAVEY KB300 KEYB. MIXER Labor AUDIO TECHNICIAN 1 LIGHTING TECHNICIAN Light System 2 10' BOOM & 50# BASE 2 THOMAS 6 BARS (12 LIGHTS TOTAL) 1 ETC 6X6K DIMMER 1 PEARL 60 CHANNEL LIGHTING ( :O SOLE 2 100' SOCOPEX Monitor vstem 4 MEYER UM1C MONI':OR 1 8016 4 MIX MEYER RACK 1 2 MIX MONITOR FROM HOUSE CONSOLE Sound System 1 RAMSA 24 CH CONSOLE 'WRS 4424 -; 1 FRONT OF HOUSE PROCESSING ;RACK 1 KLARK TEKNIX DN 360 STEREO GR.hPHIC 1 BROOKE DPR 404 4 CHANNEL COMPRESSOR 1 YAMAHA SPX 90 -2 1 SDE 3000 DIGITAL DELAY 6 EAW SPEAKER STACKS 2 HA SERIES 8500 WATT J1MP RP. &K 1 DEMON DN -100OF CD PLAYER 1 TECHNICS RS TR332 CASSETTE DECK 1 100' 2/0 5 WIRE FEEDER CABLE Initial CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission FROM: Charles D. Scurr City Manager DATE: June 9, 1998 SUBJECT: Agenda Item # 144 Commission Meeting, June 9, 1998 REPLACEMENT OF LIGHT FIXTURES AT OPEN SPACE AREA - MARSHALL - WILLIAMSON PARK Authorization is sought via the attached resolution for a $7,527.00 expenditure to replace the light fixtures at Marshall - Williamson Park's open space area with modern, vandal - resistant fixtures. The fixtures are not operational due to vandalism damage and possibly age. Due to the above, this area of the park is quite dark during the night. This creates an unsafe situation for anyone in the area. Furthermore, this hampers the Police Department's ability to survey and address illegal activities. The fact that Marshall - Williamson is within a residential area makes this matter that much more serious. The quality light fixtures being proposed are vandal resistant, and will increase the level of safety at this park significantly. In addition to the lighting work, corrective measures to the building's interior electrical wiring/paneling is required. The lighting and this work are interrelated, and will be performed more or less concurrently. Funding for this project is available in this year's budget in the Landscaping Division's maintenance account no. 01- 1750 -519 -4670. Approval of this expenditure is recommended. Attachments 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $7,527.00 TO BENSON ELECTRIC, INC. FOR THE REPLACEMENT OF LIGHT FIXTURES AT MARSHALL- WILLIAMSON PARK AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 01- 1750 -519 -4670, "LANDSCAPE DIVISION - MAINTENANCE AND REPAIR, GROUNDS AND STRUCTURES ". WHEREAS, the light fixtures mounted on the wood posts within the open space area of Marshall - Williamson park are not in operating condition, and; WHEREAS, the fixtures are beyond repair due to vandalism damage and age, I WHEREAS, the resulting darkness creates an unsafe environment in the evening hours, and; WHEREAS, the situation is unacceptable, particularly given the park's proximity to a residential area. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department obtained the following price quotations for the installation of vandal - resistant light fixtures, poles, and associated electrical work at the CAA Building: Benson Electric, Inc. $7,527.00 Edd Helms Electric, Inc. $14,079.00 Honshy Electric Co., Inc. $14,960.00 Section 2. The City Manager be, and is hereby authorized to disburse the sum of $7,527.00 to Benson Electric, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this 9'" day of June 1998. ATTEST: City Clerk City Attorney APPROVED: MAYOR Pare rvo. of Pages Eco000025 BENSON CC0360 ELECTRIC, INC. 10475 SW 186 Street MIAMI. FLORIDA 33157 (305) 235 -6741 PROPOSAL SuammIIffEG TO Ky L�Q � C � Z(/ " DATE S7AEET [j �+ 17 gQ % 7 9JY C�� } �J �V JOB MAUI cJ CITT. STATE AND ZIP CODE Q fI �/ Trill r -/� /iii /� Joe LOCATtOp ARCM�TECT DATE Or PWrg JOa PwoNc We h!rlby Submit specfficstions end estimates tor: -- - _ _ _- _ ... _ _ P� � •diva x� Au Tataiat fs Luarant"d to Oe as sw w'iee- An w" to bg cemv,•tsa in a �onalunNae Ihannp atcoryinL to s U�derd Will Prattf[!a. AnT aNeratIon or devlation from SOW4* apaeifrp. T:arUz: ietre thadrpOVer any tio,i, 1 be t.lcutaf Only OVOn Mihen OrOtrf. an0 trill t>♦tofna an i ofl or ANaya the eitimata. A:; eraamooft convoge"t rpon'r.hea. eeeidena N ^d our t:entrot. tlwne. t0 ca Rrt. tOMafd and athe► necesyry insuranta. Our wry tvt4 cowrly by WorAme++•a fore. a' Thrt Pr°POSSt m fiensitgn tnwrenea, witfidrawn Dy be by to it not accepted Within 'A ^r �t}`�'}��* �# � days. and croons a i,a r a� -The above Orw". Specitieation, re setista0tory and are fiereby eeeeDted. You an Rutholiied Signature t0 do tttt arork as SPKified. Payment tnil be inade is outlined above_ cat! of Acceotanee: Signature "nK.rnf 9. wgrrA{c'P1 r -.c M.a 04/17/1998 08:20 3052354690 BENSON ELECTRIC PAGE 02 . anp%r ekl.* arCa rrenf.tt7xtCarwsn+aCwttant�( Page No_ of Pages j v ECO000025 BENSON ELECTRIC. INC. - CC0360 10475 SW 185 street MIAMI, FLORIDA 33157 (305) 235 -6741 PROPOSAL SuaMITTEO TO PHONE GATE STREET Of 7 V - `f S R38 NAME ,Z%daC Vww loe LOCATION CIM STATE Alto ZIP CODE ARCHITECT DATE OF PLA145 A� mod/ l08 PHONE We hereby submit specifiCations and estimates for _ ..._.._.__Gi�/t9 /� ,i/{ifGGL/.. ..._ .... ............... ____ _ _ _ _ _ _ ..... ..... .. I Wt f rapsSr hereby to furnish material and labor — Complete in accordance with above specifications, for the sum of: iV-4 a- Pd'VD " /�(/7LGi� dollars (S - Payment to be made as foitows: A All Material fl; guaranteed to be as SpacinaQ- All work to be Completed in a weramanlike and I it' acconl•ng to standard praeliees. AAr AitKapoA or davutlon from abime apeNbca. Authorized lions involving be Signature extra costs will executed only ubon wrimen ordars, and will become an extra charge over anq above the estimate. All aareemenb contingent upon strikes,. accidents W Delays beyond our control. Owner to tarry tire, tomado and other necessary ineuripaw. a: This proposal may tie (//'j *Ur workers are fully covered by Workmen's Compensation insurance. withdrawn by us it not accepted 'within days. NrOptn" tai VrJWV9U1 —Th. above prices. specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do tho work as spetified. Payment trit3 be made as outlined letime. Date of Acceptarim Signatum "OW111-3 tetas{.crir as91a1 wo.►•K*em�rnt�.loome�w May -06 -98 09:22P ARC ELECTRICAL CORP. (305) 266 -8003 P.04 Hc>ns by E14e+ctr1c C:c>. , Inc:. 7345 S.W. 41 Street, Miaml, Florida 33155 Telephone: (305) 264 -5500 Fox: (305) 266 -3159 May 6, 1998 City of South Miami Mr. Rudy De La Torre 4795 SW 75 Ave. South Miami, F1 33155 Re: Code Violations at 6123 SW 68 St. Dear Mr. De La Torre: We are pleased to have the opportunity to send you this cost proposal for electrical work at the above referenced job. The price below is based on our site visit of April 28, 1998. Scope of Work -Group existing mains by intercepting feeder and adding a new 244 Amp main in existing electric room for existing panel in building. (owner to relocate Southern Bell telephone equipment to make room for disconnect) -Owner to remove existing frame in electric room. -Add new ground to comply with code - Properly identify existing breakers -Add to new circuits for computer load from existing panel. - Provided and install new Exit Light in computer room. - Permit included. -Work to be performed at normal working hours (Saturday at our discretion) -No Bond included. -No painting included. Total Price $ 4,760.00 (US) Progress payments will be based on percentage of completion. May -06 -98 09.23P ARC ELECTRICAL CORP_ (305) 266 -8003 P.06 Hconshy Ebac#rlc C::c>., Inc. 7345 S.W. 41 Street, Miami, Florida 33155 Telephone; (305) 264 -5500 Fax, (305) 216 -3159 May 6, 1998 City of South Miami Mr. Rudy De La Tone 4795 SW 75 Ave. South Miami, Fl 33155 Re: City of South Miami 6123 SW 68 St. Site Lighting Dear Mr. De La Torre: We are pleased to have the opportunity to send you this cost proposal for the above referenced job. The price below is based on our site visit of April 28, 1998. Scone of Work - Replace existing light poles(provided by us) with new poles capable of sustaining winds of 120 MPH, fixture mounting height to be 15 feet. -Pole to be mounted on existing base - Install new fixture provided by owner, bracket to be provided by us. (all information is based on fixture cut sheet provided by owner) -Rewire pole only, existing branch wire to be used for power. - Dispose of existing poles - Permit included. -Work to be performed at normal working hours (Saturday at our discretion) -No Bond included. Total Price S 10,210.00 (US) Progress payments will be based on percentage of completion of schedule of values attached. If YOU have any questions please call me. Sincere Alexander Romanach MAR 30 '98 11:21 SANDY @ EDD HELMS 305/653 -2520 P.1 &=e& & p,ROPOSAL SINCE 01876" No. E111111 Edd Nelms STATE uC 9 339 Electrical Contracting, Inc. REVISED 013098 2 17850 N.E. 5th Ave., Miami, Florida 33162 Dade: (305) $53 -2520 • Broward: (854) 463-2520 Fax: (305) 651 -5527 CITY OF SOUTH MIAMI PARK & RECREATION BLDG. Flo] 4795 S:W: 75th Avenue 6123 S:W: 68th-Street___. South Miami; Florida 33143 So. Miami, Florida -_ .......... Attn: Rudy Re: Pohl Lighting for _1Nalkway__ __.. ph:(305)663.8350 fax :(305)261 -3791 ' Description of work or service: 1. Remove seven (7) existing light poles and luminaires along walkway. 2. Install seven (7) now light poles (supplied by'contractor). 3. Install seven (7) new luminaires on light poles (supplied by Public Works). _ 4. Connect to existing circuits with new fuses and holders. _ 5... __ Check -out and test. _ 6. Not responsible for any faulty wiring. Any wiring found to be bad-that needs, to -be replaced- will -Incur additional cost. - - 7. City to provide engineers report to certify ®xistlng"pole bases for 1'5' square aluminium poles with lumineire and most South Florida_ Building Code.. If electrical .contractor is requested to do so It will be an additional cost .to customer. 8. Not responsible for any existing code violations. 9. All work shall be done Monday thru Friday; 7:30am to 3:30pm; excluding holidays; 10..__.. Permit is included. 11. Clty td dispose of existing poles and luminaires once removed, ....,..._ 12. If existing bases cannot be used additional cost will ,incur to replace. Price for the work or service to be performed:. SEVEN THOUSAND TWO HUNDRED NINETY FIVE DOLLARS 7,295.00 TOTAL $ All additional work performed shall be paid for at the rate of S 65'C* oar regular working hour. Additional materials used in extra work shall be paid for at our normal rates. PAYMENT TERMS: C.O.D. a CREDIT C( OTHER ij (SPECIFY 9ELOW) Net 30 days upon Invoicing. All payments shall be due in accordance with the terms described above, Customer agrees to pay all court costs and attorneys fees should legal means be necessary for collection. This proposal shall be valid for a period of ___Qdays from the date submitted below. Submitted by, Edd He Iectricai Contra Inp, Inc. IOW.A 0 A LVA0evI William H. Kendall, Joumeyman/Electriclan March 30, 1998 Dols Accepted by, Customer Author4sd Signature 6 Tttis Date a r Gi PROPOSAL SINCE «X973" 1 Edd Helms No. STATE UG. = 031298 -4 Electrical Contracting, lnc. 17850 N.E. 5th Ave.. Miami, Florida 33162 Dade: (305) 653 -2520 - Broward: (954) 463 -2520 Fax: (305) 651 -5527 Option 1: Install one (1) new 200 amp 1 phase fusible disconnect on opposite wall of existing 400 amp 3 phase disconnect and intercept subfeed to east 200 amp panel. Cost is $3,899.00 Option 2: Install one (1) new 200 amp 1 phase fusible disconnect for east panel adjacent to existing 400 amp disconnect and upgrade with clean -up of fuse panels to circuit breakers and utilizing existing 400 amp fusible disconnect All equipment to be mounted on same wall. Cost is $5,838.00 Option 3: Install three (3) new 200 amp disconnects on outside of building to feed three (3) panels inside and utilize existing panels in existing electric room removing one (1) 400 amp disconnect switch on inside. This will give you three (3) mains, one (1) lighting main west, one (1) lighting main east, one (1) equipment panel main located in electric room. Cost is $4,630.00 Permit included. Overtime included in Option 1 only. Option 2 & 3 will have to be scheduled accordingly. If required to do on overtime additional charges will incur. Price for the work or service to be performed: SEE ABOVE TOTAL $ SEE ABOVE All additional work performed shall be paid for at the rate of $ 65 -00 per regular working hour. Additional materials used in extra work shall be paid for at our normal rates. PAYI1MENTTERMS- C.OD_ ❑ CREDIT DA OTHER O (SPECIFY BELOW) Net 30 days upon invoicing. All payments shall be due in accordance with the terms described above. Customer agrees to pay all court costs and attorneys fees should legal means be necessary for collection. This proposal shall be valid for a period of __4Z_days from the date submitted below. Submitted by, Edd Helms Electrical Contracting, Inc. William H. Kendall, JoumeymaNElectrician March 27. 1998 7'hank Accepted by, Customer Authorized Signature 6 Title Date a valued custurner! CITY OF SOUTH MIAMI PARK & RECREATIONAL BLDG. C Public Works Department L 6123 S.W. 68th Street s 4795 S.W. 75th Avenue C South Miami, Florida o South Miami, Florida 33143 T E Attn: Rudy a PART W R ph.-(305)663-0-50 fax.•(305j281 -37f�f N Description of work or service: Correct and/or make repairs to the item as listed on the electrical inspection report to be in compliance to group electrical main disconnecting means as follows: Option 1: Install one (1) new 200 amp 1 phase fusible disconnect on opposite wall of existing 400 amp 3 phase disconnect and intercept subfeed to east 200 amp panel. Cost is $3,899.00 Option 2: Install one (1) new 200 amp 1 phase fusible disconnect for east panel adjacent to existing 400 amp disconnect and upgrade with clean -up of fuse panels to circuit breakers and utilizing existing 400 amp fusible disconnect All equipment to be mounted on same wall. Cost is $5,838.00 Option 3: Install three (3) new 200 amp disconnects on outside of building to feed three (3) panels inside and utilize existing panels in existing electric room removing one (1) 400 amp disconnect switch on inside. This will give you three (3) mains, one (1) lighting main west, one (1) lighting main east, one (1) equipment panel main located in electric room. Cost is $4,630.00 Permit included. Overtime included in Option 1 only. Option 2 & 3 will have to be scheduled accordingly. If required to do on overtime additional charges will incur. Price for the work or service to be performed: SEE ABOVE TOTAL $ SEE ABOVE All additional work performed shall be paid for at the rate of $ 65 -00 per regular working hour. Additional materials used in extra work shall be paid for at our normal rates. PAYI1MENTTERMS- C.OD_ ❑ CREDIT DA OTHER O (SPECIFY BELOW) Net 30 days upon invoicing. All payments shall be due in accordance with the terms described above. Customer agrees to pay all court costs and attorneys fees should legal means be necessary for collection. This proposal shall be valid for a period of __4Z_days from the date submitted below. Submitted by, Edd Helms Electrical Contracting, Inc. William H. Kendall, JoumeymaNElectrician March 27. 1998 7'hank Accepted by, Customer Authorized Signature 6 Title Date a valued custurner! MPR .30 '98 +t10 r &i0 PROPOSAL snvcz "1975" 1 Fdd Helms No. STATE 1Q A� 031298-4 Electrical Contracting, Inc. 17850 N.E. 5th Ave., Miami, Florida 33162 Dade: (305) 653.2520 • Broward: (954) 463 -2520 Fax: (305) 651 -5527 CITY OF SOUTH MIAMI PARK & RECREATIONAL BLDG. �Luj Public Works Department 5123 S.W. 68th Street 4795 S.W. 75th Avenue South Miami, Florida o South Miami, Florida 33143 T R Attn: Rudy N PART "B" ph :(345)663 -6350 fax:(305)261.3761 Description of work or service: Correct and make necessary repairs in order to be in compliance with electrical inspection report as follows: 1. Add additional circuits as required, two (2) power poles and change one (1) existing duplex receptacle to a double duplex receptacle in the southeast comer classroom of building. 2. Add an additional exit light to the southeast comer classroom of building, 3. Identify and label all panel circuits. Install new directories as needed. 4. Identify all mains and panels with plastic labels; black with white lettering of their origin. 5. Permit included. 6. Work to be performed during normal business hours, Monday thru Friday, 8:00am thru 4:00pm. 7. No overtime is included. Price for the work or service to be performed: TWO-THOUSAND EIGHT HUNDRED EIGHTY FIVE DOLLARS TOTAL $ ZW5.00 All additional work performed shall be paid for at the rate of $ 65'0 0 _Per regular working hour. Additional materials used in extra work shall be paid for at our normal rates. PAYMENT TERMS: C.O.D. 0 CREDIT Cj OTHER 0 (SPECIFY BELOW) Net 30 days upon invoicing. All payments shall be due in accordance with the terms described above. Customer agrees to pay all court costs and attorneys fees should legal means be necessary for collection. This proposal shall be valid for a period of __$Qdays from the date submitted below. Submitted by, Edd Helms Electrical Contracting, Inc. William H. Kendall, Journeyman/Electrician March 27, 1998 Accepted by, customer AuthonZed Sfgn=m &Title Date l Thank ou for heinv a valued customer! a CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor & Commission FROM: Charles Scurr City Manager DATE: June 5, 1998 SUBJECT: Agenda # _i6r_ Commission Meeting June 9, 1998 Meals for the Elderly — Renewal ` Agreement The attached resolution seeks approval for a renewal agreement with Miami Dade County for the Meals for the Elderly Program. This program provides over 22,000 meals annually which the Senior Center receives. The Senior Center also receives over 30 meal weekly for homebound clients, which our staff delivers. For the past seven- (7) years this program has been a tremendous benefit to the residents of South Miami and this is a continuous contract that has been extremely beneficial. The price of the meals, which is $25.00 per month, is unchanged from last year. The funds will be disbursed from account number 2000 -4350, "Electricity ". I recommend that we renew this agreement with Miami -Dade County through the Community Action Agency. Meals for Elderly 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution No. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MAIMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTINUE WITH THE CITY'S PARTICIPATION IN THE MEALS FOR THE ELDERLY PROGRAM. WHEREAS, The City of South Miami participates with Miami -Dade County through the Community Action Agency's Meals for the Elderly Program; and WHEREAS, In order to continue participating in this program, the City Administration must execute a renewal agreement. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby authorized to execute the Renewal Agreement attached hereto as "Exhibit 1 ", to continue the City's participation in the Meals for the Elderly Program. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Meals Program 98 Scurr APPROVED: MAYOR RESOLUTION AUTHORIZING EXECUTION OF CONTRACT(S) WITH METROPOLITAN DADE COUNTY AND FOR THE PROVISION WHEREAS, this Board desires to accomplish the objectives as outlined in the scope of services of the contract with Metropolitan Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF City of south Miami approves one contract with Metropolitan Dade County in the amount of -n_ for the provision of Meal G For the F1 deri y Program services for the Fiscal Year 1998- 1999 and authorizes Mayor an 04 City Manager to execute same for and on behalf of The foregoing resolution was offered by Mayor Julio Robaina , who moved its adoption, the motion was seconded by and upon being put to a vote, the vote was as follows: The Chairperson/President thereupon declared this resolution duly passed and adopted this day of Signature - Chairperson or Secrctay C^.DW 5DOCSU{ARONJiESOSPLE.SAht NIETRO -DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or othcmise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All blank spaces must be tilled. The METRO -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT: METRO -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT: METRO -DADE CRIMINAL RECORD AFFIDAVIT. and DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof. the State or any political subdivision or agency thereof or any municipality of this State. The METRO -DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof: it shall. however. pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. i. Charles D. Scurr being first duly sworn state: Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with Metro -Dade County are (Post Office addresses are not acceptable): 59- 6non4m Federal Employer Identification Number (if none. Social Security) City of South Miami f Name of Entity. Individual(s). Partners. or Corporation F Doing Business As (if same as above. leave blank) 6130 Sunset Drive Sn„th Minm; Florida 33143 Street Address Citv State Zip Code METRO -DADE COUNTY DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) if the contract or business transaction is with a corporation. the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership. the foregoing information shall be provided for each partner. if the contract or business transaction is with a trust. the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly- traded corporations or to contracts with the United States or any department or agency thereof. the State or anv political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Lcgal Name Address Page 1 of 5 �' l.UX :S')X00'X Lit . Ownership 2. The full Icgal names and business address of any other individual (other than subcontractors. materialmen. suppliers. laborers. or lenders) who have. or will have. am interest (legal. equitable beneficial or otherwise) in the contract or business transaction with Dade Count} are (Post Office addresses arc not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County-jail for up to sixty (60) days or both. II. METRO -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133. Amending sec. 2.9 -1: Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10.000) or more sliall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof. the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your Finn have a collective bargaining agreement with its employees? XX Yes —No 2. Does your firm provide paid health care benefits for its employees? _XX Yes — No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race. national origin and gender: White: -10 Males " Females Asian: 0 Males 0 Females Black: _27 Males 21 Females American Indian: 0 Males 0 Females Hispanics: 2 o Males 1 1 Females Aleut (Eskimo): 0 Males 0 Females Males Females Males Females ill. METRO -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has XX has not as of the date of this affidavit been convicted of a felony during the past ten ( In) years. An officer. director, or executive of the entity entering into a contract or receiving funding from the County has = has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. iV. METRO -DADE COUNTY CUBA AFFIDAVIT (County Resolutions R- 202 -96 and R- 206 -96) Than neither the firm (individual, organization. corporation. etc.) submitting this bid or proposal or receiving this contract award or any of its owners, subsidiaries. or affiliated or related Finns has: 1. engaged in the purchase. transport, importation or participation in any transaction involving merchandise that: a. is of Cuban origin: or b, is or has been located in or transported from or through Cuba: or c. is made or derived in whole or in part of any article which is the growth, produce or manufacture of Cuba. Page 2 of 5 / V, 2. enga.ted in am transaction in N%hich a Cuban national or the go%cnunent of Cuba with a Cuban national or the aoNcrnment of Cuba. or which involves property in «hich a Cuban national or the government of Cuba has am, u►tcrest: 3. been a party to, or had an interest in am franchise. license or management agreement with a Cuban national or the government of Cuba. or which involves property in which a Cuban national or the government of Cuba has any interest: 4. had or held any investment. deposit. loan borrowing or credit arrangement or had any other financial dealings with a Cuban national or the government of Cuba. or which involves property in which a Cuban national or the government of Cuba has any interest: 5. subcontracted with. purchased supplies from. or performed billing or collection services for any person or entity that does business with Cuba as provided in "I" through "4" above. G. traveled to Cuba in violation of U.S. travel restrictions during the ten year period preceding the due date for submittal. _ V. METRO -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Metropolitan Dade County. Florida. the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling. rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement. as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health. safety. welfare. economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions arc in conflict with the requirements of those governmental entities. VI. METRO -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section I I A -29 et. Leg of the County Code) That in compliance with Ordinance No. 1.12 -91 of the Code of Metropolitan Dade County. Florida. an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above Finn at least one (l) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period. for medical reasons. for the birth or adoption of a child. or for the care of a child. spouse or other close relative who has a serious health -condition without risk of termination of employment or employer retaliation. Page 3 of 5 �' /i(xlCixon'.C1.1/ The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof. or (lie State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services. transportation. communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336. 104 Stat 327. 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment. Title II, Public Services: Title III, Public Accommodations and Services Operated by Private Entities: Title IV, Telecommunications: and Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973, 29 U.S.C. Section 794: The Federal Transit Act, as amended 49 U.S.C. Section 1612: The Fair Housing Act as amended. 42 U.S.C. Section 3601 - 3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. VIII. METRO -DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. IX. 11 9' .1 XU 00 "X iMi 2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm. corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property tares, utility takes and pccupational licenses - which are collected in the normal course by the Dade County Tax Collector as well as blade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. WELFARE REFORM WORK PARTICIPATION AFFIDAVIT (Resolution R- 1206 -97) Any contract or renewal of a contract entered into based upon a false affidavit submitted pursuant to Resolution No. R- 1206 -97 shall be voidable by the County. If any attesting entity violates the provisions of Resolution No. R- 1206 -97 during the term of any contract with the County, the contract shall be voidable by the County even if the attesting entity was not in violation -at the time it submitted the affidavit. This entity is a not for profit organization receiving a grant award and therefore exempt from the provisions of Resolution No. R- 1206 -97. This entity is entering into a professional services agreement and therefore exempt from the provisions of Resolution No. R- 1206 -97. This entity does not have twenty-five (25) or more employees and therefore is exempt from the provisions of Resolution No. R- 1206 -97. This entity does have twenty-five (25) or more employees, but conducts business with the County for less than $500,000 and therefore is exempt from the provisions of Resolution No. R - 1206 -97. This entity does have twenty-five (25) or more employees and does conduct business with the County for a total amount of $500,000 or more. Therefore. I hereby attest that during the term of the contract, five percent (5 %) or more of this entity's local Dade County full -time work force consists of or will consist of individuals who reside in Dade County and who have lost or are about to lose their cash assistance benefits (formerly Aid to Families with Dependent Children or "AFDC ") as a result of the Personal Responsibility and Work Opportunity Act of 1996. Furthermore, this entity did not replace any existing employees in order to comply with the provisions of Resolution No. R- 1206 -97. Page 4 of 5 This entity does have twenty -five (25) or more emplovees and does conduct business with the County for a total amount of 5500.000 or more. However. I attest that this entity cannot meet the terms of Resolution No. R- 1206 -97 by hiring or employing five percent (5 %) of its local Dade County full -time work force from individuals who reside in Dade County and who have or are about to lose cash assistance benefits. Therefore. this entity shall contribute the sum equivalent to fifty percent (50 %) of the wages that would be paid to five percent (5 %) of its full -time work force based on a full -time minimum wage position for the entire term of the contract with the County. This sum shall be donated to an employment training program that. trains Dade County residents who have or are about to lose cash assistance benefits. I have carefully read this entire five (5) page document entitled, "Metro -Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits that do not pertain to this contract. By: (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of (Date) 19 by He /She is personally known to me or has presented as identification. (Type of Identification) 1 F (Signature of Notary) (Serial Number) (Print or Stamp of Notary) Notate Public - State of (State) 11 y- Page 5 of 5 (Expiration Date) Notary Seal SWORN STATffi1MVT PURSUANT TO SECTION 297.133(3)(a); FLOMA STATUTES, ON PUBLIC ENTPIY CRIbW THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTijER OFFICIAL. AUTHORIZED TO ADhaNWIM OA71M L - This sworn statement is submitted to (punt same or the public entity) by Charles D. Scurr, - umint 1sdM►idsal's same sad title for (print same at entity sobo naft swam atatamaat) whose business address is 6130 Sunset Drive South Miami, Florida 3314' and (if applicable) in Federal Employer Identification Number (FW 15 59- 6000431 (If the entity has so FMK tadude the Social 5 arity Number o[ the individual sign's= this sworn statement: ) . 2 I understand that a `public entity crime as deigned in Paragraph 237. WO)Q), Ada Statatsa, mesas a violation of any state of iedaw kw by a person with repots to and directly related to the transaction of business with any public anity of with an agenq or political subdivbion of any other state or of the United States, tadudin& but tact limited to, say bid or conu= br goods or sery to be provided to any public entity or as agency or political subdivision of airy other state or of the United States and 'avowing antitrust, fraud, theft, bribery, ODHusiM nadwtaerin& conspiracy, of material mbrt pr sentation. 3. I understand that 'convicted' or Nzweietion' as defined in Paragraph 287.133(1)(b), Florida Statutes means a Ending of guilt of s conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1489, as a result of a jury verdict, nanjury trial, or entry of a pies of guilty or nolo coutendere. 4. I understand that an 'aM iage' as denned in Paragraph 237.133(1)(a), j14dda Statuses. mesas: 1. A predecessor or- saacsmot of a person convicted of a public entity crime; or 2 An entity nailer the control of any natural person who is serm in the management of the entity and who has bees convicted of a public entity crime. The term 'aflnte' includes those officers, directors, exec tires. partners, shattbokkM employees, members, and agents who are. ac Live in the management of an afnliate. The ownership by CM person of sham aoa;tituting a controlling interest in another person. or a pooling of equipment or income among persons when not for stir taarket value under an arm') length agreement, shall be a prima lxie case that one person controls another person. A person who 1mowIngiy enters into a .joint ve=wc with a person who has been convicted of a public entity mime in Florida during the preceding 36 months shill be considered an affiliate: S. I understand that a person' as dewed in Paagraph 287.133(1)(t), Florida Statutes mesas any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contras and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to uansaa business with a public entity. The term 'person' includes those otbeers, directors, erectuivm, partners, shareholders, employees, mcmben, and Agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indkate which statement applies.] Neither the entity submiffing this sworn statement. nor any of its omoess, directon, eteentfves, partners, rhareholdexs, empbya's, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been chased with and convicted of a public entity crime subsequent to Jury 1, 1989. The entity submitting this sworn statement, or one of more of its offioUs, directors, eoe dvea, partners, sharehold=4 employees, memb=74 or agents who are actt" in the management of the entity, or an smHate of the entity has ban charged with and ooavksed of a public entity crime subsequent to Jnty 111989. The entity submitting this swam stateaseat, or owe or more of to offi mm directors, Mayes, partners, ahareboldem empioyees, members, or agents who are active in the nmmgement of the entity, or an &Mliate of the entity has been charged with and eoavicted of a public eesW# crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Reutq Qificer of the State of Fbtida, Division of Adm�{uative hearings and the Final Ordet entaed by the Hearing O determined that it was not in the public interest w place the entity submiaing this sworn statement on the convicted vendor list. (attach a co" of the final acdwj I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH i (ONE) ABOVE IS FOR THAT PUBUC EW= ONLY AND, THAT = FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FIUM. I ALSO UNDEWIAND THAT I AM REQUIRED TO INFORM THE PUBLIC ]1Q1"ITIY PRIOR TO ERrM NG INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 237.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE 1 NFORMATION CONTADW IN THIS FORM. (] Sworn to and subsmbed before me this day of 19 Personally imown OR Produced identification (Type of identification) Form PUR 7068 (Rev. 06/1892) Notary Public • State of M9 commission expires (Printed typed or stamped commissioned name of notary public) AGREEMENT This Agreement, made this 1st day of January, 1998, by and between Miami Dade County, a political subdivision of the State of Florida (herein after referred to as "COUNTY "), through its Community Action Agency (herein after referred to as "CAA "), 395 NW First Street, Miami, Florida 33128, and the City of South Miami, a political subdivision of the State of Florida, (herein after referred to as "SOUTH MIAMI "), 6130 Sunset Drive, South Miami, Florida 33143, states conditions and covenants pursuant to which the SOUTH MIAMI shall continue participating in CAA's Meals for the Elderly Program (herein after referred to as "PROGRAM "). WHEREAS, Resolution No. 1270 -97 authorized the County Manager to receive, expend and subcontract for Title III -C of the Older Americans Act grant funds received through the Area Agency on Aging for Dade and Monroe counties, for the continued operation and administration of CAA's Meals for the Elderly PROGRAM; and WHEREAS, the SOUTH MIAMI desires to continue participating in CAA's Meals for the Elderly PROGRAM, and the COUNTY desires to continue providing meals at the South Miami's facility. NOW THEREFORE, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: ARTICLE I Scope of Services 1.1 The SOUTH MIAMI agrees: a. To make available to the participants of CAA Meals for the Elderly PROGRAM the dining room, kitchen and restrooms of the facility, Monday through Friday, except holidays, from 8:30 a.m. until 2:00 p.m. b. To provide maintenance services daily, and on an as needed basis. C. To provide tables, chairs and other furnishings as required for the operation of the PROGRAM in the South Miami site. d. To provide hot and cold running water, heat and air conditioning, electricity and garbage collection. e. To pay rental costs to Dade County's Department of Housing and Urban Development (HUD) Page 1 of 11 f. To provide items pertinent to the preparing, cleaning and serving of meals.. such items shall include but not be limited to: garbage bags, paper towels, gloves, soap, dishcloths, dish detergent, cleansers. g. To provide for at least one staff person to conduct food service and non -food service activities for PROGRAM participants. Such activities shall include, but not limited to: nutrition education, outreach, cultural and recreational activities. 1.2 The COUNTY agrees: a. To provide and make payment directly to the vendor the cost for one noon -time meal, per person, per day, to sixty -five (65) participants of the SOUTH MIAMI meals for the elderly, Monday through Friday, except holidays, during the term of this Agreement. b. CAA will provide assistance in obtaining staff from local schools and colleges to provide PROGRAM participants with non -food service activities such activities shall include but not be limited to: crafts, nutrition, education, exercise, music, discussion groups. ARTICLE H Term of Agreement 2.1 Effective Term. Both parties agree that the effective term of this agreement shall be from January 1, 1998 to December 31, 1998. ARTICLE III Indemnification 3.1 Indemnification by the SOUTH MIAMI. The SOUTH MIAMI shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and liability, losses or damages, including attorney's and costs of defense, which the COUNTY or its officers, employees, agents instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the government entity of its employees, agents, servants, partners, principals or subcontractors. SOUTH MIAMI shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceeding, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby SOUTH MIAMI shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds Page 2 of 11 the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid SOUTH MIAMI arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of SOUTH MIAMI. ARTICLE IV Insurance 4.1 Modification and Changes. The SOUTH MIAMI shall notify the COUNTY of any intended changes in insurance coverage, including but not limited to any renewals of existing insurance policies. Upon review of the SOUTH MIAMI's Scope of Services by the COUNTY's Risk Management Division, the COUNTY may increase, decrease, waive or modify any of the following insurance requirements. Any request by a SOUTH MIAMI to decrease, waive or modify any of the following insurance requirements must be approved in writing by the COUNTY's Risk Management Division, 4.2 Minimum Insurance Requirements: Certificates of Insurance. The SOUTH MIAMI shall furnish to the_ Department, Miami Dade County, CIO Head Start Program, Fiscal Officer, Certificate(s) of Insurance indicating that insurance coverage has been obtained which meets the requirements as outlined below: a. Worker's Compensation Insurance for all employees of the South Miami as required by Florida Statute 440. b. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. For Providers using vans or mini -vans with seating capacities of fifteen (15) passengers or more, the limit of liability required for Automobile Liability Insurance is $500,000. d. Professional Liability Insurance, when applicable, in the name of the South Miami in an amount not less than $300,000. 4.3 Classifications and Ratings. The insurance coverage required shall include those Classifications, as listed in standard liability insurance manuals, which most nearly reflect the services or operations described in the Scope of Services. 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 qualification: Page 3 of 11 The company must be rated no less than "B" as to management, and no less than "Class W as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates of Insurance shall indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. 4.4 Failure to Provide Certificates of Insurance. If the South Miami fails to furnish the County with the Certificate of Insurance or written verification required under this section or as determined by the County's Risk Management Division after review of the Scope of Services, the County shall not disburse any funds until it is provided with the necessary Certificates of Insurance or written verification. Failure to provide the Certificates of Insurance or written verification within sixty (60) days of execution of this Agreement may result in termination of this Agreement. ARTICLE V Proof of Licensure 5.1 Proof of Licensure and Certification. If the South Miami is required by the State of Florida or Miami Dade County to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services, the South Miami shall furnish a copy of all required current licenses or certificates. Examples of services or operations requiring such licensure or certification include but are not limited to child care, day care, nursing homes, boarding homes. If the South Miami fails to furnish the County with the licenses or certificates required under this Section, the County shall not disburse any funds until it is provided with such licensor certificates. Failure to provide the licenses or certificates within sixty (60) days of execution of this Agreement may result in termination of this Agreement. ARTICLE VI Conflict of Interest 6.1 Conflict of Interest. The South Miami agrees to abide by and be governed by Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et Page 4 of 11 al. of the Code of Miami Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. ARTICLE VII Civil Rights 7.1 Civil Rights. The South Miami agrees to abide by Chapter 1 IA, Article IV of the Code of Miami Dade County ( "County Code "), as amended, which prohibits discrimination in employment. Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C., ' 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. ' 12103 et seq., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Agreement. It is further understood that the South Miami must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. ' 1612, and the Fair Housing Act, 42 U.S.C. ' 3601 et seq. If the South Miami or any owner, subsidiary, or other firm affiliated with or related to the South Miami, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the South Miami. Any contract entered into based upon a false affidavit shall be voidable by the County. If the South Miami violates any of the Acts during the term of any contract the South Miami is with the County, such contract shall be voidable by the County, even if the South Miami was not in violation at the time it submitted its affidavit. ARTICLE VIII Notices 8.1 Notices. It is understood and agreed between the parties that written notice addressed to the Department and mailed or delivered to the address appearing on page one (1) of the Agreement and written notice addressed to the South Miami and mailed or delivered to the address appearing on page one (1) of this Agreement shall constitute sufficient notice to either party. ARTICLE IX Autonomy 9.1 Autonomy. Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly Page 5 of 11 understood and intended that the South Miami is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the South Miami's agents and employees are not agents or employees of the County. ARTICLE X Breach of Agreement 10.1 Breach. A breach by the South Miami shall have occurred under this Agreement if (1) the South Miami fails to provide the services outlined in the Scope of Services within the effective term of this Agreement; (2) the South Miami ineffectively or improperly uses the County funds allocated under this Agreement; (3) the South Miami does not furnish the Certificates of Insurance required by this Agreement or as determined by the County's Risk Management Division; (4) the South Miami does not furnish proof of licensure and certification required by this Agreement; (5) the South Miami fails to submit, or submits incorrect or incomplete, proof of expenditures to support disbursement requests or advance funding disbursements or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (6) the South Miami does not submit or submits incomplete or incorrect required reports; (7) the South Miami refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the South Miami's program; (8) the South Miami discriminates under any of the laws outlined in Section VII of this Agreement; (9) the South Miami falsifies or violates the provisions of the Drug Free Workplace Affidavit; (10) the Provider, attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; (11) the South Miami fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (12) the South Miami fails or refuses to return all items of capital improvement in the same condition as received at the beginning of the Agreement except ordinary wear and tear; or (13) the South Miami fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Agreement. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 10.2 County Remedies. If the South Miami breaches this Agreement, the County may pursue any or all of the following remedies: 1. The County may terminate this Agreement by giving written notice to the South Miami of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the South Miami with County funds under this Agreement; (b) seek reimbursement of County funds allocated to the South Miami under this Agreement; (c) terminate or cancel any other contracts entered into between the Page 6 of 11 County and the South Miami. The South Miami shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees. 2. The County may suspend payment in whole or in part under this Agreement by providing written notice to the South Miami of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the South Miami as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the South Miami. The South Miami shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees. 3. The County may seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. The South Miami shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees. 4. The County may debar the South Miami from future County contracting. 5. If, for any reason, the South Miami should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Agreement by giving written notice to the South Miami or such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be debarred from County contracting for up to five (5) years. 6. Any other remedy available at law or equity. The County Manager is authorized to terminate this Agreement on behalf of the County. 10.3 Damages Sustained. Notwithstanding the above, the South Miami shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement, and the County may withhold any payments to the South Miami until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The South Miami shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. Z Page 7 of 11 ARTICLE XI Termination 11.1 Termination By Either Party. Both parties agree that this Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. The County Manager is authorized to terminate this Agreement on the behalf of the County. ARTICLE XH Miscellaneous 12.1 Sub- Contracts. The parties agree that no assignment or sub - contract will be made or let in connection with this Agreement without the prior written approval of the Department, which shall not be unreasonably withheld, and that all sub - contractors or assignees shall be governed by the terms and conditions of this Agreement. 12.2 Payment Procedures. The County agrees to pay the South Miami for services rendered under this Agreement based on the payment schedule, as specified in Section_ 1.2 (c) of this Agreement. (a) Non Payment of Subcontractors. In no event shall County funds be advanced directly to any subcontractor hereunder. 12.3 Agreement Guidelines. The South Miami agrees to comply with all applicable federal, state and county laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. This Agreement shall be interpreted according to the laws of the State of Florida and proper venue for this Agreement shall be Dade County, Florida. 12.4 Modifications. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including but not limited to amount payable and effective term shall only be valid when they have been reduced to writings, duly approved and signed by both parties and attached to the original of this Agreement. The County Manager is authorized to make modifications to this Agreement as described herein on behalf of the County. 12.5 Renewal. This Agreement may be renewed for additional one -year periods, subject to approval by the County, the Department and South Miami. 12.6 Prohibited Use of Funds. (1) Adverse Actions or Proceeding. The South Miami shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its Page 8 of 11 agents, instrumentalities, employees of officials. The South Miami shall not utilize County funds to provide legal representation, advice of counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. (2) Religious PuLposes. County funds shall not be used for religious purposes. ` 12.7 Access to Records: Audit. The South Miami understands that it may be subject to an audit. The South Miami shall provide access to all of us records which elate to this Agreement at its place of business during regular business hours.. The South Miami agrees to provide such assistance as may be necessary to facilitate their review of audit by the County to insure compliance with applicable accounting and financial standards. 12.8 Monitoring: Management Evaluation and Performance Review. The South Miami agrees to permit County personnel to monitor, review and evaluate the program which is the subject of this Agreement. The Department shall monitor both fiscal and programmatic compliance with all the terms and conditions of the Agreement. The South Miami shall permit the Department to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the Department's findings will be delivered to the South Miami and the South Miami will rectify all deficiencies cited within the period of time specified in the report. If such deficiencies are not corrected within the specified time, the county may suspend payments or terminate this Agreement. The Department shall conduct one or more formal management evaluation and performance reviews of the South Miami. Continuation of this Agreement or future funding is dependent upon satisfactory evaluation conclusions. 12.9 Counterpart. This Agreement is signed in 6 counterparts, and each counterpart shall constitute an original of this Agreement. 12.10 Headings, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. 12.11 Totality of Agreement /Severability of Provisions. This 11 page Agreement with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A - Miami -Dade County Affidavits Attachment B - State Public Entities Crime Affidavit Attachment C - 1998 Program/South Miami Budget Attachment D - 1998 Program/South Miami Menu Page 9 of 11 No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first written above. (SEAL) AGENCY NAME By: By: (Signature of City Manager) (Signature of City Clerk) Type or Print Name Type or Print Name Witnesses: - By: By: (Signature) (Signature) Type or Print Name Type or Print Name ATTEST: HARVEY RUVIN, CLERK By: DEPUTY CLERK MIAMI DADE COUNTY, FLORIDA By: M.R. STIEHEIM COUNTY MANAGER Page 11 of 11 CITY OF SOUTH MIAMI ® INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 4, 1998 Agenda Item # �� From: Charles D. Scurr Re: Comm. Mtg. 06/09/98 City Manager Moratorium Extension Relating to Telecomm. Towers REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; AMENDING ORDINANCE NO. 2 -98 -1650 IN ORDER TO PROVIDE FOR A 90 -DAY EXTENSION OF THE MORATORIUM ON ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS, THEREBY ENABLING THE CITY TO PREPARE AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On January 20, 1998, the Mayor & City Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on the acceptance and review of applications relating to telecommunication towers in order to prepare and adopt minimum standards for the location and approval of telecommunication towers. The City has not finished preparing minimum standards for the location and approval of telecommunication towers to date, and the moratorium is effective through July 19, 1998. Since the minimum standards will not be ready for adoption by that date, a 90 -day extension of the moratorium is proposed, extending the moratorium through October 17, 1998, in order to provide time for public involvement and the development of the best possible standards. RECOMMENDATION: Approval. Telecommunication Tower Moratorium Extension: 2nd Reading June 9, 1998 1 I ORDINANCE NO. 2 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; 6 AMENDING ORDINANCE NO. 2 -98 -1650 IN ORDER TO PROVIDE 7 FOR A 90 -DAY EXTENSION OF THE MORATORIUM ON ACCEPTANCE 8 AND REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT 9 PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION 10 TOWERS, THEREBY ENABLING THE CITY TO PREPARE AND ADOPT 11 MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF 12 TELECOMMUNICATION TOWERS; PROVIDING THAT ORDINANCES IN 13 CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE 14 TIME PERIOD OF THE MORATORIUM; PROVIDING FOR 15 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 16 DATE. 17 18 19 WHEREAS, the Congress of the United States adopted the 20 Telecommunications Act of 1996, providing for federal regulation 21 of wireless telecommunications, a technology of wireless voice, 22 video and data communications systems, which requires land -based 23 facilities that impact planning and zoning concerns in the City 24 of South Miami and throughout the United States; and, 25 26 WHEREAS, the City has received, and expects to receive 27 additional requests from telecommunication service providers to 28 site wireless telecommunication towers and antennas within its 29 municipal boundaries and the City is authorized by federal, 30 state and local law to regulate the siting of such towers and 31 antennas; and, 32 33 WHEREAS, the Mayor and City Commission finds that it is in 34 the public interest to regulate the siting of wireless 35 communication towers and antennas within the municipal 36 boundaries; and, 37 38 WHEREAS, it is the intent of the City Commission to provide 39 reasonable accommodation, and to promote and encourage fair and 40 reasonable competition, among telecommunication service 41 providers, or providers of functionally equivalent services, on 42 a neutral and non - discriminatory basis; and, 43 44 WHEREAS, Ordinance No. 2 -98 -1650 was passed and adopted on 45 January 20, 1998, providing a 180 -day moratorium on acceptance 46 and review of applications, and issuance of development permits, 47 for the installation of telecommunication towers to enable the 48 City to adopt minimum standards for the location and 49 installation of telecommunication towers and antennas, for Telecommunication Tower Moratorium Extension: 2nd Reading June 9, 1998 1 I establishing the priority order of use and, further, to 2 encourage the co- location of facilities, in a manner that is 3 consistent with, and implements, the City's comprehensive plan, 4 and is compatible with the existing patterns of development in 5 the City; and, 6 7 WHEREAS, the City's staff members primarily responsible for 8 the development of the minimum standards relating to 9 telecommunication towers within the City have left the service 10 of the City and subsequently, have been replaced by new staff 11 members; and, 12 13 WHEREAS, "Section 2" of Ordinance No. 2 -98 -1650 provides 14 for a 6 -month moratorium, effective through July 19, 1998; and, 15 16 WHEREAS, the Mayor and City Commission desires to provide 17 sufficient time for the new staff members to propose the best 18 possible amendments to the Code of Ordinances in order to ensure 19 that the City's regulations are consistent with the provisions 20 of the Telecommunications Act in all areas, including but not 21 limited to minimum standards for telecommunications service; 22 and, 23 24 WHEREAS, the Mayor and City Commission desires to provide 25 sufficient time for the public to become involved in the 26 creation of new regulations relating to telecommunication 27 towers. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 30 OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 Section 1. The Whereas clauses are incorporated in, and 33 made a part of, this ordinance. 34 35 Section 2. The Mayor and City Commission of the City of 36 South Miami hereby declares a 90 -day extension of the moratorium 37 approved on January 20, 1998, as set forth by Ordinance No. 2- 38 98 -1650, on all actions relating to acceptance and review of 39 applications, and issuance of development permits, for the 40 installation of telecommunication towers, to enable the City to 41 prepare and adopt minimum standards for the location and 42 approval of telecommunication towers. 43 44 Section 3. The moratorium shall be effective through 45 October 17, 1998, unless extended by the City Commission. 46 47 Section 4. All ordinances, resolutions and parts 48 thereof, in conflict with this extension of the development Telecommunication Tower Moratorium Extension: 2nd Reading June 9, 1998 2 I permit moratorium shall not be in force and effect during the 2 time period of the moratorium. 3 4 Section 5. If any section, clause, sentence, or phrase 5 of this ordinance is for any reason held invalid or 6 unconstitutional by a court of competent jurisdiction, the 7 holding shall not affect the validity of the remaining portions 8 of this ordinance. 9 10 Section 6. This ordinance shall take effect immediately 11 at the time of its passage. 12 13 PASSED AND ADOPTED this 9th day of June, 1998. 14 15 ATTEST: APPROVED: 16 17 18 CITY CLERK MAYOR 19 20 READ AND APPROVED AS TO FORM: 21 22 23 CITY ATTORNEY Moratorium Ext for telecommunication towers.deo Telecommunication Tower Moratorium Extension: 2nd Reading June 9, 1998 3 ti CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 4, 1998 Agenda Item # From: Charles D. Scurr Re: Comm. Mtg. 06/09/98 City Manager Habitat Variance Resolution REQUEST: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR VARIANCES FROM SECTION 20- 3.5 (E) OF THE LAND DEVELOPMENT CODE TO ALLOW A TWELVE AND ONE -HALF (12.5) FOOT FRONT SETBACK, WHERE TWENTY -FIVE FEET (25) IS REQUIRED, AND A TWENTY THREE (23) FOOT REAR SETBACK, WHERE TWENTY -FIVE (25) FEET IS REQUIRED, ON PROPERTY LOCATED IN THE RS -4 "SINGLE FAMILY RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT 6273 SW 60"H AVENUE, SOUTH MIAMI, FLORIDA 33143. BACKGROUND: Over the last seven years, Habitat for Humanity of Greater Miami has had a strong presence in the City of South Miami. It has built thirteen homes for local families, and there are five more homes currently under construction. Of these eighteen homes that have received building permit approval, eight have required at least one variance from the Land Development Code of the City of South Miami (LDC). HARDSHIP STATEMENT REQUIRED: [found on page 112 of the Land Development Code] Section 20 -5.6 (C) requires that "All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based." NATURE OF THE HARDSHIP: [found on page 135 of the Land Development Code] The nature of the required hardship is explained by language in Section 20- 6.1(13)(3)(h), which enumerates the powers and duties of the Planning Board and includes the following: Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from City Manager's Report: Habitat Variances Resolution reasons of convenience, profit or caprice. ANALYSIS: The traditional legal concept of hardship is well summarized in the attached document excerpt entitled, What is Hardship ?, taken from the Metropolitan Dade County's publication entitled, Zoning Handbook. This summary is provided as part of the variance application packet in order to give an understanding to potential applicants of the basic concept and dynamics of a hardship. The subject property is located in the Amended Plat of Hamlet Subdivision and the RS -4, "Small Lot Single- Family Residential District." The attached property survey exhibits that the lot has 50 feet of frontage and is approximately 96 feet deep, resulting in an area of 4,800 square feet. However, the dimensions identified on the survey are not the dimensions utilized for zoning review. ` Section 20 -3.6 (F)(1) of the Land Development Code requires the right -of -way of SW 601" Avenue to be 50 feet in width. Since the current width of the subject right -of -way is only 30 feet, an additional 20 feet of property adjacent to the right -of -way is zoned right -of -way, 10 feet on each side of the existing right -of -way. The zoned right -of -way line is used instead of the front property line, as depicted on the property survey, for zoning review. Therefore, the subject property has a frontage of 50 feet and a depth of approximately 86 feet, resulting in an area of 4,300 square feet. Table 1 displays the Dimensional Requirements of the RS -4 district and the proposed dimensions of the subject application. Table 1: The Dimensional Requirements of the RS -4 Zoning Districts and the Proposed Dimensions of the Residence to be located at 6273 SW 60t`' Avenue Requirement Permitted /Allowed Proposed Min. Net Lot Area 6,000 sq. feet 4,300 sq. fee Frontage 60 feet 50 fee Min. Front Setback 25 feet 12.5 fee Min. Rear Setback 25 feet 23 fee Min'. Side (interior) setback 7.5 feet 7.5 feet/ 17 feet Min. Side (street) setback 15 feet N/A Max. Stories 2 1 Max. Building Height 25 feet <25 feet Max. Building Coverage 30% 30% Max. Impervious Coverage 45% 35.3% Table 1 illustrates that the subject application would not have the required minimum net lot area, frontage, front setback, and rear setback. However, variances for the dimensions of the lot are City Manager's Report: Habitat Variances Resolution 2 not required because the lot is a "lot of record" (please see attached page 39 of the Comprehensive Plan). Therefore, the subject application only requires approval of a variance for the front and rear setbacks. The proposed home's failure to provide the minimum required front and rear setback is largely attributable to the zoned right -of -way and the dimensions of the lot, as the house is only 1,287.75 square feet in area. The proposed house would substantially improve the subject property, and the reduced front and rear setbacks would not be incongruous with existing homes within the neighborhood, as many of the surrounding homes also have reduced setbacks. The home directly to the south of the subject property is a home built by Habitat for Humanity, and it was approved for variances to allow a front setback of 15 feet and a rear setback of 20 feet. Additionally, the home across the street from the subject property was also built by Habitat for Humanity, and it was approved for a total of four variances, including a 10.17 foot front setback and a 22 foot rear setback. Furthermore, the applicant also received the support of over 20 percent of the property owners owning property within 500 feet of the subject property, as evidenced by the attached petition. On May 26, 1998, the Planning Board voted 7:0 to recommend approval of the requested variance with the condition that a fifteen foot front seback and a twenty and one -half foot rear setback be provided, as further described in the attached minutes. The applicant submitted a revised site plan depicting this recommendation. RECOMMENDATION: Approval with the condition that a 15 foot front setback and a 20.5 foot rear setback be provided. Attachments: What is Hardship? Document Excerpt Resolution for Public Hearing and adoption Planning Board Staff Report Letter of Intent from Habitat for Humanity Proof of ownership Mailing Area Map (500 -foot mailing radius) Property Survey Original Site Plan, submitted by Habit for Humanity for May 26' Planning Board Meeting Revised Site Plan Excerpt from City of South Miami Comprehensive Plan Zoning Petition Submitted with Signatures Advertisement for Publication and Mailing May 26, 1998, Excerpted Planning Board Minutes City Manager's Report: Habitat Variances Resolution 3 WHAT IS HARDSHIP? In determining %%fiat is a hardship. one criterion is paramount. The "hardship" must he inherent in the land and not based on the people involved or the circt(nlstances in %%hick they find themselves. A classic example oC a hardship concerns a lot. which. because of a peculiar shape or an extreme topographical Icaturc. is yirtuail% unbuildabie under the yard requirements of the ordinance. This amounts to a detect in the land %%,hich deprives the owner oi'a right enjoyed h }- ail other owners ofadjoining lots. The special conditions which must he found arc those which apply uniquely to the property in question and which prevent its being used in the same way as other properties in its vicinity or in the zoning district. Under these conditions. the granting of a variance would not allow a special privilege not enjoyed by other property in the same vicinity or zone. The conditions must be so unusual that the ordinance. as applied to the particular property. would probably he invalid in that a reasonable use of the property is not allowed. Ali "unnecessary" hardship is one which is not required in order to accomplish the objectives of the zoning ordinance. Some hardship (or limitation of privilege) is unavoidable. For example. restrictions against commercial use ol' property in a residential district is not an "unnecessary" hardship. for it is the clear intent of the zoning ordinance to so restrict all property in the district for the benefit of the community. Similarly. mere economic loss is not a valid hardship. particularly if the same loss applies generally to other properties in the district. Hardship cannot he self-imposed. The owner of a building constructed in violation of the regulations could not claim "hardship" in being required to remove it. ignorance of the existence or application of zoning regulations does not constitute legally recognizable hardship.... The variance should never be used to correct improper zoning. The hardship may he real and unnecessary. but. it is also general. the proper approach is through a change of zoning by the legislative body. the C hY C Coro issinn.... As established by Florida's general municipal zoning enabling act. there must be special conditions in a specific case: the hardship must be unnecessary and the variance. if granted. must not be contrary to the public interest. The latter can be interpreted to mean "not contrary to the comprehensive plan" as outlined in the zoning ordinance. E'veei/ned from Hen-olyoli1un Ducle Count I-. Floriclu. ZONING HANDBOOK. .111MMI: l larland Bartholomew and Associates: September. 1965. 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR VARIANCES 6 FROM SECTION 20 -3.5 (E) OF THE LAND DEVELOPMENT CODE TO 7 ALLOW A TWELVE AND ONE -HALF (12.5) FOOT FRONT SETBACK, 8 WHERE TWENTY -FIVE (25) FEET IS REQUIRED, AND A TWENTY 9 THREE (23) FOOT REAR SETBACK, WHERE TWENTY -FIVE (25) FEET 10 IS REQUIRED, ON PROPERTY LOCATED IN THE RS -4 "SINGLE FAMILY 11 RESIDENTIAL" ZONING DISTRICT, SPECIFICALLY LOCATED AT 6273 12 SW 60T" AVENUE, SOUTH MIAMI, FLORIDA 33143. 13 14 15 WHEREAS, Habitat for Humanity of Greater Miami, Inc. has made 16 application for variances from Section 20 -3.5 (E) of the Land 17 Development Code pursuant to Section 20- 5.9(G), in order to allow a 18 front setback of twelve and one -half feet (12.5'), where a twenty - 19 five foot (251) setback is required, and a rear setback of twenty 20 three feet (231), where a twenty -five 'foot (251) setback is required, 21 on property located in the RS -4 Single- Family Residential zoning 22 district; and, 23 24 WHEREAS, the subject property is located at 6273 SW 60th Avenue, 25 South Miami, Florida, 33143, and is legally described as follows: 26 27 Lot 5, Block 1, "AMENDED PLAT OF HAMLET," according to the 28 plat thereof, as recorded in Plat Book 4 at Page 48 of the 29 Public Records of Dade County, Florida; and, 30 31 WHEREAS, the Planning and Zoning Department staff recommended 32 approval of the application for variances with the condition that the 33 front setback be fifteen feet (151) and the rear setback be twenty 34 and one -half feet (20.51), upon evaluating the application for (a) 35 consistency with the Comprehensive Plan and (b) compliance with the 36 hardship requirement contained in Section 20 -5.9 (C) of the Land 37 Development Code; and, 38 39 WHEREAS, on May 26, 1998, the Planning Board voted 7:0 to 40 recommend approval of the variance with the condition that the front 41 setback be fifteen feet (151) and the rear setback be twenty and one - 42 half feet (20.51); and, 43 44 WHEREAS, the Mayor and City Commission of the City of South 45 Miami desire to accept the recommendation of the Planning Board. 46 Habitat Variances Resolution: Public Hearing June 9, 1998 1 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 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The application submitted by Habitat for Humanity of Greater Miami, Inc. for variances from Section 20 -3.5 (E) of the Land Development Code, in order to allow a front setback of twelve and one -half feet (12.51), where a twenty -five foot (251) setback is required, and a rear setback of twenty three feet (23'), where a twenty -five foot (251) setback is required, on property located in the RS -4 Single- Family Residential zoning district, is hereby granted with the condition that a fifteen foot front setback (151) and a twenty and one -half foot (20.51) rear setback be provided. Section 2. This approval is subject to and dependent upon construction of the proposed single- family residential house in conformity with the layout depicted in the submitted site plan. Section 3. The applicant hereby agrees to construct the proposed single- family residential structure by means of standard concrete block and stucco [CBS] construction methods. Section 4. The City Manager may revoke this approval upon a determination that the provisions of this resolution have been violated or any violation is occurring at the subject property or related property that is not in compliance with this resolution. 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 9th day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Habitat Variances Resolution: Public Hearing June 9, 1998 I CITY OF SOUTH MIAMI ® INTER- OFFICE MEMORANDUM To: Chair & Planning Board Members Date: May 23, 1998 From: Gregory J. Oravec 1AN0 Re: Habitat for Humanity Acting Director o f Planni g & Zoning Request for Variances ITEM: PB -98 -011 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the Land Development Code to allow a twelve and one -half (12.5) foot front setback, where twenty -five feet (25) is required, and a twenty -three (23) foot rear setback, where twenty -five (25) feet is required, on property located in the RS -4 "Single Family Residential" zoning district. Location: 6273 SW 60' Avenue South Miami, Florida 33143 BACKGROUND On April 28, 1998, the Planning Board recommended approval of Habitat for Humanity's request for a variance from Section 20 -3.5 (E) of the Land Development Code (LDC) to allow a twelve foot front setback, where twenty -five feet is required. Although the recommendation was for approval, the Board discussed the need for an analysis of the Amended Plat of Hamlet and Franklin Subdivisions in order to identify setbacks which would provide for consistency and construction without variances. The subject area is within the boundaries of the proposed Community Redevelopment Agency (CRA). As a result, staff recommends that the requested study of the area be delayed until the proposed CRA is either approved or disapproved. If approved, the CRA will explore the issues surrounding the requested study and more, as it strives to improve the target area. However, if the CRA is not approved, the Planning & Zoning staff will conduct the study of the subject neighborhood and will present the resulting information and recommendations to the Planning Board and public at a workshop. However, the Planning Board should continue to review requests for variance in the area until the study has been completed, utilizing its powers to ensure that proposals are consistent with the LDC and community. ANALYSIS The subject property is located in the Amended Plat of Hamlet Subdivision and the RS -4, "Small Lot Single- Family Residential District" The attached property survey exhibits that the lot has 50 feet of frontage and is approximately 96 feet deep, resulting in an area of 4,800 square feet. However, the dimensions identified on the survey are not the dimensions utilized for zoning review. Section 20 -3.6 (F)(1) of the Land Development Code requires the right -of -way of SW 60' Avenue to be 50 feet in width. Since the current width of the subject right -of -way is only 30 feet, an additional 20 feet of property adjacent to the right -of -way is zoned right -of -way, 10 feet on each side of the existing right -of -way. The zoned right -of -way line is used instead of the front property line, as depicted on the property survey, for zoning review. Therefore, the subject property has a frontage of 50 feet and a depth of approximately 86 feet, resulting in an area of 4,300 square feet. Table 1 displays the Dimensional Requirements of the RS -4 district and the proposed dimensions of the subject application. Table 1: The Dimensional Requirements of the RS -4 Zoning Districts and the Proposed Dimensions of the Residence to be located at 6273 SW 60"' Avenue Requirement Permitted /Allowed Proposed Min. Net Lot Area 6,000 sq. feet 4,300 sq. feet Frontage 60 feet 50 feet Min. Front Setback 25 feet 12.5 feet Min. Rear Setback 25 feet 23 feet Min. Side (interior) setback 7.5 feet 7.5 feet/ 17 feet Min. Side (street) setback 15 feet N/A Max. Stories 2 1 Max. Building Height 25 feet <25 feet Max. Building Coverage 30% 30% Max. Impervious Coverage 45% 35.3% Table 1 illustrates that the subject application would not have the required minimum net lot area, frontage, front setback, and rear setback. However, variances for the dimensions of the lot are not required because the lot is a "lot of record" (please see attached page 39 of the Comprehensive Plan). Therefore, the subject application only requires approval of a variance for the front and rear setbacks. The proposed home's failure to provide the minimum required front and rear setback is largely attributable to the zoned right -of -way and the dimensions of the lot, as the house is only 1,287.75 square feet in area. The proposed house would substantially improve the subject property, and the reduced front and rear setbacks would not be incongruous with existing homes within the neighborhood, as many of the surrounding homes also have reduced setbacks. The home directly to the south of the subject property is a home built by Habitat for Humanity, and it was approved for variances to allow a front setback of 15 feet and a rear setback of 20 feet. Additionally, the home across the street from the subject property was also built by Habitat for Humanity, and it was approved for a total of four variances, including a 10.17 foot front setback and a 22 foot rear setback. Furthermore, the applicant also received the support of over 20 percent of the property owners owning property within 500 feet of the subject property, as evidenced by the attached petition. COMPREHENSIVE PLAN The application is consistent with the Goal, Objectives, and Policies of the Comprehensive Plan and serves to implement Goal 1, Objective 1.1, and Objective 1.3 of the Housing Element. APPLICABLE REGULATIONS Land Development Code • Section 20 -2.3 Definitions • Section 20 -3.5 (E) Dimensional Requirements • Section 20 -5.9 Variance Approvals Comprehensive Plan • Goals, Objectives, and Policies of the Housing Element RECOMMENDATION The characteristics of the subject property prevent it from being used in the same manner as other properties in the RS -4 zoning district; therefore, staff recommends approval with the condition that the front setback be 15 feet and the rear setback be 20.5 feet in order to provide nearly the same setbacks as the home directly to the south. Attachments: Letter of Intent Mailing Map (500 ft. radius) Property Survey Proposed Site Plan Page 39 of the Comprehensive Plan Petition May 1, 1998 HABITAT FOR HUMANITY OF GREATER MIAMI building houses in partnership with God's people in need Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami FL 33143 Re: VARIANCE APPLICATION Letter of Intent and Hardship Lot 5, Block 1, Amended Plat of Hamlet PB 4 -48, Dade County, FL 6273 S.W. 60 Avenue, South Miami Dear Sir or Madam: Habitat for Humanity of Greater Miami requests two setback variances in order to build a three - bedroom home on the above property. This property is located in an older neighborhood platted many years ago, and since the required minimum setbacks in the current Land Development Code were established projecting larger minimum lot sizes, a hardship is created in building even a small house on the above lot due to the current setback requirements and the required 10' zoned right -of- way designations. The existing houses in this neighborhood do not comply with the current set -back requirements and the proposed building site would be consistent with other improved homes in the area. Miami Habitat requests the following variances: Front - 1216" (25' required) Rear - 2310" (25' required) Thank you for your consideration in this matter. Sincerely, J�� E 'za h A. Mullen Construction Administrator Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256 -0994 / (305) 670 -2224 MIAMI -DADE COUNTY, FLORIDA IA -ACED COMMUNITY AND ECONOMIC DEVELOPMENT May 4, 1998 Ms. Ann Manning, Director Habitat For Humanity of Greater Miami P.O. Box 560994 Miami, Florida 33256 Re: Parcel No. SM -94 -02 South Miami Dear Ms. Manning: OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT URBAN DEVELOPMENT DIVISION 140 WEST FLAGLER STREET SUIT F- 1100 MIAMI, FLORIDA 33130 -1561 (305) 375 -3519 FAX (305) 372 -6391 Please be advised that the Office of Community and Economic Development (OCED) has acquired the property located at 6273 S.W. 60 Avenue, South Miami target area; our Parcel No. SM- 94 -02, Folio No, 09- 4025- 007 -0040. Our Office is preparing a County Resolution to effect the transfer of the subject parcel to Habitat For Humanity of Greater Miami for the construction of an affordable housing unit. Should you require additional information regarding this matter, please call Sidney Beckom at 385-3944. Sincerely, R send M. Lopez-Gottardi, Urban Development Division RML -Glgm CC' Sidney Beckom Direct t c� - -- MAILING AREA APPLICANT: HABITAT FOR HUMANITY OF GREATER MIAMI OWNER: SAME AS ABOVE NORTH ADDRESS: HEARING NUMBER: 6273 SW 60TH AVENUE PB -98 -011 ;REQUEST: DATE: VARIANCES TO ALLOW REDUCED FRONT MAY 26, 1998 i AND REAR SETBACKS CITY OF SOUTH MIAMI PLANNING BOARD N C � IIINA7 A ron ia Hill gill Id ; � O � y e o ' �SPr 50� s• • -- Zcn 4o N�N ea • a D wo= m 'A En N O • cn �OZv�j x I D A U p Z V O (n < �y °0 N (x r :41 fM V v a f•DmV p NP,10V ± �! Eli- v v'm� o £i R " Nv0iviQz zz Z zz �Q W, a PER Ao o f m �ZQi A r*� Co r j� �p O mm 0z M f�l , � O 0 �m O n O � b z 8 n N N �y o 8 �1� a x n F • O 0 ^O ` J Iy �r 0 Z 0 zo n� So, oo' 11f,11-19 SU ?EO S. Gf/ Co�T/,! �vE. rsrG,v.9GEJ 1�% /LL /.cl�ISO.I/ ,ST. lay Pur,� 50 �, •• So' 50.58 ' � FIX W A Q SG' O � � G W o � � o 50 � �• � a f•DmV p NP,10V ± �! Eli- v v'm� o £i R " Nv0iviQz zz Z zz �Q W, a PER Ao o f m �ZQi A r*� Co r j� �p O mm 0z M f�l , � O 0 �m O n O � b z 8 n N N �y o 8 �1� a x n F • O 0 ^O ` J Iy �r 0 Z 0 zo n� So, oo' 11f,11-19 SU ?EO S. Gf/ Co�T/,! �vE. rsrG,v.9GEJ 1�% /LL /.cl�ISO.I/ ,ST. lay Pur,� 50 �, •• So' 50.58 ' � FIX W A Q SG' O �•, b ~• a 50 � �• � .� 50' Q9 98 ' m ,m 10 Z tO Z n N O c 0 u ' U w _ z A M 7 z 0 � Z 2. p ti �W nZ �o Z � 0 rn rn D A = C m m m � ^' 0 0 �I� �� . q r n A 0 rn 0 D C _ m C Z D •� A-00 n p v (n0o p o m a y K r (4 m � G7 rn U n n � � O Z �J C c� 1'1 � W A Q H di �•, b ~• a 50 � �• � .� 50' Q9 98 ' w _ z A M 7 z 0 � Z 2. p ti �W nZ �o Z � 0 rn rn D A = C m m m � ^' 0 0 �I� �� . q r n A 0 rn 0 D C _ m C Z D •� A-00 n p v (n0o p o m a y K r (4 m � G7 rn U n n � � O Z �J C c� 1'1 w y O C M a 0 • o �_.. ,�SPrygLT.P.4f/EME.VT .�2 � =00 - � i. �kr'y ®_ CO.VC?ETE. S /OEW.4LlG X11 • ,S'D.OI�f. oyws 0 72 r0 �w z n 00 - - {a I O Ors 0 �� Z 0 • Ov �o m ti 0 rrl D_ i I �as° u� Im I I> 1� Z OF WJUNE e a R I� Sa o RUERN `iE - I I> 1� I zcwb PoGt( T OF WJUNE a,PPRO)nruTELY 'I$' o` ' xSTNG CPoYEWAY Ctlf SGiiT "r 'WEST O-U—th AVE-N E ar r ' ` �° m U ♦] =off --I M m > z � J i i o 50' �" AF'PROXhMTELY 1H' Q" EM7M DRNEWAY CUT SOUTH WEST 60th AVENUE FT_TTURE LAND USE CATEGORIES This section contains language which explains the intent of the future land use map. Zoning regulations which permit uses that are specifically permitted by this section and that also permit uses that are less intensive than those permitted by this section may be deemed to be consistent with the comprehensive plan. Zoning regulations that are more restrictive than the provisions of this section may also be consistent with the comprehensive plan. The terms "less intensive" and "more restrictive" in this section are not defined in this plan. Planned unit development zoning regulations which permit buildings to be higher than stated in this plan may be deemed consistent with this plan, provided such regulations do not permit the overall floor area on a site to be greater than could occur if the height limits of this plan were observed. Nothing in this plan is intended, or has the effect of, limiting or modifying the right of any person to complete any planned development which has been issued a final planned development order which is in full force and effect and where development has commenced and is continuing in good faith, provided that all regulations and conditions as imposed by the City are met. Any legally granted variances to a development code regulation which implements this plan shall be deemed to be a legally granted variance to this plan and as such shall be deemed to be consistent with this plan. This variance provision, shall apply to all elements and sections of this plan. Vested Rights: Nothing contained herein shall be construed as affecting validly existing vested rights. It shalt be the duty and responsibility of the applicant alleging vested rights to affirmatively demonstrate the legal requisites of vested rights. Vested rights shall require a demonstration to the Mayor and City Commission of the City of South Miami that the applicant (1) has relied in good faith, (2) upon some act or omission of the government, and (3) has made such a substantial change in position or incurred such extensive obligations and expenses to the applicant's detriment as to create an undue hardship. The mere existence of zoning contrary to the South Miami Comprehensive Plan shall not be determined to vest rights. Developmental actions where all required approvals have been received, or orders or permits that preceded the official adoption of this Comprehensive Plan shall remain in full force and effect but subject to all applicable zoning laws and regulations of the City. The land development regulations to be adopted shall provide for specific standards to carry out these concerns. Single- Family (Two-Story) The single- family land use category is intended to provide for one residential dwelling unit on each parcel of land. Parcels should have a minimum area of 10,000 square feet. In areas where existing platting is characterized by parcels larger than 10,000 square feet, zoning regulations should be consistent with such parcel sizes provided that minimum parcel sizes need not exceed one acre. Sites large enough to be subdivided into parcels of 10,000 square feet or larger could be zoned accordingly, but only if such zoning would be compatible with surrounding development. Lot of Record: If the owner of a platted lot in any district does not own a parcel or tract of land immediately adjacent to such lot, and if the deed or instrument under which such owner acquired title to such lot was of record prior to the application of any zoning regulations to the premises, or if such lot were created and first recorded in compliance with the zoning regulations in effect on the lot at the time of recording, and if such lot does not conform to the requirements of such regulations as to the width of lots and lot area, the provisions of such lot area and lot width regulations shall not prevent the owner of such lot from erecting a single - family dwelling or making other improvements on the lot, provided such improvements conform in all other respects to the applicable zoning regulations provided that such platted lot is not less than fifty feet in width and has a frontage of at least fifty feet. The term "platted lot" as used herein shall mean a full and complete separate parcel designated as a lot, parcel, or tract as part of a subdivision plat recorded in the public records of Dade County, Florida. Two-Family/Townhouse Residential (Two-Story) The two- family /townhouse category is intended to provide for two or more residential dwelling units per parcel of land. Each dwelling unit should have its own at -grade direct Element Page Number 1.39 Plan Page Number 39 May 20, 1998 HABITAT FOR HUMANITY OF GREATER MIAMI building houses in partnership with God's people in need Mr. Gregory J. Oravec, Planner Planning and Development Department City of South Miami 6130 Sunset Drive South Miami FL 33143 Re: VARIANCE APPLICATION Lot 5, Block 1, Amended Plat of Hamlet PB 4 -48, Dade County FL 6273 S.W. 60 Avenue, South Miami Dear Mr. Oravec: Enclosed is completed Zoning Petition required for variance application on above property, your ITEM: PB -98 -011, signed by more than the required 24 homeowners in the designated area. Please let me know if anything further is required. Sincerely, th A. Mullen Construction Administrator Habitat For Humanity of Greater Miami / P.O. Box 560994 / Miami, FL 33256 -0994 / (305) 670 -2224 B 24 Signatures Required ZONING PETITION CITY OF SOUTH MIAMI 6130 Sunset Drive, 2 "d Floor Fax #: (305) 666 -4591 ® South Miami, Florida 33143 Phone: (305) 663 -6 ) Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the following request(s): ITEM: PB -98 -011 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the Land Development Code to allow a twelve and one -half (12.5) foot front setback, where twenty -five feet (25) is required, and a twenty -three (23) foot rear setback, where twenty -five (25) feet is required, on property located in the RS -4 "Single Family Residential" zoning district. Location: 6273 SW 60`h Avenue South Miami, Florida 33143 Zoning Petition Page I of 2 1 f i �4 �.;�' • iI� 1``�r �1Mm !UF_ W%A1 MWWAf WK OW `' • t dill' Zoning Petition Page I of 2 ZONING PETITION (Continued from Page 1) Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the request(s) listed on the preceding page. -.. 1. d� ,_ . - :. . , WOO "I'MMI WA KY FA 1 _ l , 1MURM, R� t t+ Zoning Petition Page 2 of 2 WIM i 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, May 26, 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: i MOO ITEM: PB -98 -011 y Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the-Land'Development Code to allow a twelve and one -half (12.5) foot front setback, where twenty -five feet (25) is required, and a twenty -three (23) foot rear setback, where twenty -five (25) feet is - rrq�aired, on property located in the,RS -4 "Single Family Residential" zoning ' district. K 3 x x •g Location: %� 6273 SW 60'' Avenue South Miami Florida 33143 !: F ITEM: PB -98 -012 Applicant: The Johnny Rockets Group, Inc.ft Request: A Special Use Permit 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 w � y Tenant Space HO South Miami, Florida 33143 4 ITEM: PB -98 -013 Applicant: Chinz Grill Cafe Sunset, Inc. Request: A Special Use Permit 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 Tenant Space C 18 - 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. SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, May 26, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance A. Mr. Pages, Chairperson, called the meeting to order. II. Roll Call 4 A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Chimelis, Mr. Basu, Mr. Lefley, Mr. Wiscombe, and Mr. Huggins B. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Public Hearings A. ITEM: PB -98 -011 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the Land Development Code to allow a twelve and one -half (12.5) foot front setback, where twenty -five feet (25) is required, and a twenty -three (23) foot rear setback, where twenty -five (25) feet is required, on property located in the RS -4 "Single Family Residential" zoning district. Location: 6273 SW 60th Avenue South Miami, Florida 33143 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, reviewing the inter - office memorandum entitled Habitat for Humanity Request for Variances and noting that the dimensions for zoning review are 50 feet X 86 feet, for a minimum net lot area of 4300 sq. ft. PB Min 05 -26 -98 3. Staff also noted that the subject lot is a "lot of record ", with variances being requested from front and rear setback requirements, and staff explained recommended conditions for approval, as shown on page 3 of the memorandum. 4. Ms. Elizabeth Mullen, of Habitat for Humanity, signed in to represent the applicant, stating that the variances are needed in order to build a residence that would improve the neighborhood. 5. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in to speak before the Board, relating background information pertaining to Habitat for Humanity, noting that Habitat represents a "special kind of consideration" — a need for housing. b. Mr. Tucker opined that Habitat is a part of the process in which the City considers what will be built in the community as it, Habitat, meets the "...emergency need for housing ". 6. Public hearing was closed. 7. The Board reviewed the application. a. Mr. Basu inquired as to statistics relating to the property's area, such as a percentage of lots with less than the permitted minimum net lot area and setbacks. b. Staff responded that within the area of 59 Place and 60 Avenue, a majority of lots are under the minimum net lot area of 6000 sq. ft. and have less than the front and rear setback requirement of 25 feet. c. Mr. Basu suggested that in future, similar cases, staff generate such percentages in providing a "basis" for granting variances. d. In reference to Mr. Lefley's inquiry regarding prior zoning codes, staff replied that the zoning regulations applicable to the area may have changed through the years. e. Staff noted that the area has "quite a history of variances ", particularly during the twenty -year period occurring between 1950 and 1970. f. Mr. Pages inquired as to how many lots Habitat had improved or redeveloped in the area, and Ms. Mullen replied that Habitat had completed approximately 17 properties. g. Mr. Morton asked if the future residents would need more of a back yard than a front one, and Ms. Mullen explained that the goal is to establish a sufficient back yard. PB Min 05 -26 -98 2 h. The Board concurred that it had concerns in regard to the overall appearance of the community, such as the "interaction" of the homes. 8. Motion: Mr. Basu moved approval of the application, with the inclusion of staff's recommendations. Mr. Wiscombe seconded the motion. 9. Vote: Approved: 7 Opposed: 0 B. ITEM: PB -98 -012 Applicant: The Johnny Rockets Group, Inc. Request: A Special Use Permit 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 Tenant Space HO South Miami, Florida 33143 1. Mr. Wiscombe read the request into the record. 2. Staff presented the item to the Board, reviewing the inter - office memorandum entitled Request for Special Use Johnny Rockets and noting that the applicant is requesting a special use permit in order to operate a restaurant at tenant space HO on the second floor of the Shops. 3. Staff noted that the proposed restaurant will be 2,230 sq. ft. in area, providing seating for approximately 78 patrons, with 58 located indoors and 20 situated outdoors. 4. Mr. John French, head of development at The Johnny Rockets Group, Inc., signed in to represent the applicant, stating that this restaurant would represent number 107 for the company. 5. Mr. French elaborated on the restaurant, explaining that it would represent a 1940's era diner having an Art Deco, streamlined appearance. 6. Mr. Basu inquired as to the location of a trash room at the space, and Mr. French replied that the company prefers to take refuse to an appropriate receptacle located in the complex. 7. In reply to Mr. Pages inquiry, staff noted that the complex will provide air conditioned space to each restaurant in which to store refuse until it can be transferred to a centralized location at the mall. 8. Public hearing was opened. 9. There being no one wishing to speak for or against the item, the public hearing was closed. 10. Motion: Mr. Basu moved approval of the application, as presented. Mr. Morton seconded the PB Min 05 -26 -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 Nk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING JUNE 9, 1998 Inthe....... _....... ». XXI=... ... ..... .._ ............. » »..... Court, was published in said newspaper in the issues of May 29, 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 of iant further says that she has neither paid nor promised any person or corporation eny diseou% rebate, commissio fund r the purpose of secup'rfg_'this advertise; ublica on in the said 2 9 ato a bsc me this Y •---may .» ».., A.D.19.»... OFFICIAL OTAR F.AL 3EAL) ♦y'�Y �� JANETT LLERERA 5+ ? n CCUMJSM NI NUMBER )@Wme V. Ferbey kntwvn to %00566004 �r �O My OOMMWAOREXPINS OF ;,LO JUNE 23,2000 ,.1 CITY OF SOUTH MIAMI - — NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, June 9, 1998 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, - to consider the following: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR VARIANCES FROM SECTION 20-3.5 (E) OF THE LAND DEVELOPMENT CODE.TO ALLOW A TWELVE AND ONE -HALF (12.5) FOOT FRONT SETBACK, WHERE TWENTY -FIVE FEET (25) IS REQUIRED, AND A TWENTY-THREE (23) FOOT REAR SETBACK, WHERE TWENTY -FIVE (25) FEET IS REQUIRED, ON PROPERTY LOCATED IN THE .RS4 . "SINGLE• FAMILY RESIDENTIAL• - ZONING DISTRICT, SPECIFICALLY LOCATED AT 6273 SW 60TH AVENUE, SOUTH MIAMI, FLORIDA 33143. _ A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A •REST- AURANT, GENERAL! IN THE HOMETOWN DISTRICT, AS SPECIFIED IN § 20- 3.4(B) (4) (B) OF THE LAND DEVELOP- MENT CODE, REGARDING PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE H01, SOUTH MIAMI, FLORIDA 33143. Inquiries concerning this item should be directed to the Planning_& Zoning Department at: 663 -6327. - , - . , _ ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk . City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at tts loeeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose. affected person may need to ensure that a verbatim record of the proceedings is made• which record in- cludes the testimony and evidence upon which the appeal is to be 6129 - .__ - - -__ _ - - -__— .. _._ _ _98,3- 052919M o� CITY OF SOUTH MIAMI ® INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: June 4, 1998 Agenda Item # If( From: Charles D. Scurr Re: Comm. Mtg. 06/09/98 City Manager aoloo Johnny Rockets Special Use Restaurant REQUEST: 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, TENANT SPACE HO1, SOUTH MIAMI, FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, PROVIDING FOR AN EFFECTIVE DATE. 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. The following table lists restaurants which have been approved or will be before the City Commission for approval: Table l: Approved and Proposed Restaurants located in the Shops at Sunset Place Name of Restaurant Square Footage Date of Planning Board Appearance Date of City Commission Hearing GameWorks 5,170 Recommendation for approval 4/14/98 Approved 5/05/98 Swampy's Wilderness Grill 12,686 Recommendation for approval 5/12/98 Approved 6/02/98 The Country Store 8,279 Recommendation for approval 5 /12/98 Approved 6/02/98 Coco Pazzo 5,782 Recommendation for approval 5 /12/98 Approved 6 /02/98 Johnny Rockets 2,230 Recommendation for approval 5/26/98 6/09/98 China Grill 6,551 6/30/98 7/21/98 Total 40,698 The applicant, The Johnny Rockets Group, Inc., is requesting a special use permit to operate a restaurant, general, to be called Johnny Rockets, in tenant space H01, located on the second floor of the Shops at Sunset Place. The proposed area of the restaurant is 2,230 square feet, and it Johnny Rockets Restaurant Resolution: June 9, 1998 would provide seating for approximately 78 patrons, 58 indoor seats and 20 outdoor seats. The applicant proposes a classic American dining experience, as demonstrated on the attached menu. The proposed hours of operation are Sunday through Thursday 11:00 a.m. to 10:00 p.m., Friday and Saturday 11:00 a.m. to midnight. The proposed floor plan and elevation are attached. 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, 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 39 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. Johnny Rockets Restaurant Resolution: June 9, 1998 2 ._.........._.... (B) Special Requirements [from Section 20 -3.4; found on page 40 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. 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 May 26, 1998, the Planning Board voted 7:0 to recommend approval of the subject application. RECOMMENDATION: Approval. Attachments: Resolution for Public Hearing and adoption Letter of Authorization from the Property Owner Letter of Intent from Applicant's Representative Excerpt of Menu Reduction of Leasing Plan, Level 2 Reduction of the Proposed Interior Layout Advertisement for Publication and Mailing Mailing Area Map (500 -foot mailing radius) May 26, 1998 Excerpted Planning Board Minutes Johnny Rockets Restaurant Resolution: June 9, 1998 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR 6 A SPECIAL USE PERMIT FOR A "RESTAURANT, GENERAL," 7 PURSUANT TO SECTION 20-3.4(B) (4) (b) OF THE LAND 8 DEVELOPMENT CODE, REGARDING THE PROPERTY LOCATED AT 9 5701 SUNSET DRIVE, TENANT SPACE H01, SOUTH MIAMI, 10 FLORIDA 33143; PROVIDING FOR A LEGAL DESCRIPTION; AND, 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, the applicant, the Johnny Rockets Group, 15 Incorporated, on behalf of Bakery Associates, Ltd., has made 16 application, in order to request a Special Use Permit to operate 17 a "Restaurant, General," to be located in the "SR" Specialty 18 Retail /Residential district and in the Hometown District, 19 pursuant to Section 20- 3.4(B)(4)(b) and Section 20- 7.12(A) of the 20 City's Land Development Code; and, 21 22 WHEREAS, the property is located as part of 5701 Sunset 23 Drive, South Miami, Florida, 33143, and is legally described in a 24 document attached hereto and labeled as, "Exhibit 1;" and, 25 26 WHEREAS, the property owner has submitted a letter of intent 27 authorizing the future use proposed by the applicant; and, 28 29 WHEREAS, Planning & Zoning Department staff has recommended 30 approval of the application for a Special Use Permit, which 31 recommendation is based upon (a) the merits of the application 32 and (b) consistency with the City's adopted Comprehensive Plan; 33 and, 34 35 WHEREAS, on May 26, 1998, the Planning Board voted 7:0 to 36 recommend approval of the Special Use Permit; and, 37 38 WHEREAS, the Mayor and City Commission of the City of South 39 Miami desire to accept the recommendation of the Planning Board. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 42 OF THE CITY OF SOUTH MIAMI, FLORIDA: 43 44 Section 1. The request submitted by the Johnny Rockets 45 Group, Incorporated, tenant, for a Special Use Permit to operate 46 a "Restaurant, General," which is to be located in the "SR" Johnny Rockets Restaurant Resolution: June 9, 1998 1 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 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 restrictions and limitations 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. 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 9th day of June, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR c:\ ... \ reports \ Monitor BC #2.doc Johnny Rockets Restaurant Resolution: June 9, 1998 2 LEGAL DESCRIPTION A portion of Blocks 1 and 2 and that Street between Blocks 1 and 2 designated as Church Street, knovm as North Red Court, and now known as SW 57 Court, 'Carvers Subdivision', according to the plat thereof as recorded in Plat Book 6 at Page 36 of the Public Records of Dade County, Florida, being more particularly described as follows: Commence at the Southwest corner of Lot 13, Block 2 of said recorded plat of "Carvers Subdivision'; thence North 04 1%1745' West, along the West line of said Lot 13, for 25.00 feet to the Point of Beginning of the hereinafter described parcel of land; thence continue North 04A1745' West, along the West line of said Lot 13, for 125.19 feet to the Northwest comer of said Lot 13; thence North 85 ^14'41' East. along the North fine of said Lot 13, for 50.01 feet to the Northeast corner of said Lot 13; thence North 04^17'56' West, along the West line of Lots 9 of said Block 2, for 50.07 feet to the Northwest comer of said Lot 9; thence South 85 ^14130' West, along the South line of Lot 17 of said Block 2, for 139.57 feet to the Easterly Right -of -Way line of SW 58th Avenue, as described in that certain Right -of -;Nay Deed, recorded in Official Records Book 17359, at Page 3073; the following four (4) courses being along the said Easterly Right -of -Way line of SW 58th Avenue; thence North 04^26'38' West, along a line 11.00 feet East of and parallel with the West line of Lots 17 18 and 19 of said Block 2, for 142.96 feet to a point; thence North 03^1015" West for S.00 feet to a point; thence North 02 ^32'40" East for 49.89 feet to a point; thence North 04,'00'50' West for 139.25 feet to a point on the Northerly tine of said Block 2; thence North 45^46'59' East, along the Northerly line of said Block 2 and the Southerly Right -of -Way line of South Dixie Highway No. 1 (State Road No. 5), for 334.10 feet to a point; thence North 46^42'58" East, along the Right -of- Way line of State Road No. 5, as described in those certain Right -of -Way Deeds. recorded in Official Records Book 4131, at Page 596 and Official Records Book 4132 at Page 11, for 366.95 feet to a point of curvature with a circular curve in the westerly Right -of -Way line of SW 57th Avenue (Red Road); the following two (2) courses being along the said Westerly Right -of -Way line of SW 571h Avenue (Red Road), as described in that certain Right -of -Way Deed, recorded in Official Records Book 17500 at Page 3714 and as described in that certain Dade County Disclaimer, recorded in Official Records Book 17498 at Page 1540; thence Southeasterly, along a circular curve concave to the Southwest having a radius of 25.00 feet, a central angie of 128^58148" for an arc of 56.28 feet to a Point of Tangency with a line 31.00 feet West of and parallel With the East line of said Block 1; thence South '04A18'13" East, parallel with the East line of said Block 1, for 912.39 feet to a point of curvature; thence Southwesterly along a circular curve concave to the Northwest having a radius of 25.00 feet, a central angle of 89A33'27' for an are distance of 39.08 feet to a Point of Tangency with a line 25.00 feet North of and parallel with the South line of said Blocks 1 and 2; thence South 85 ^15114" West, parallel with the South line of said Blocks 1 and 2 and the Northerly Right -of -Way tine of SW 72nd Street (Sunset Drive).as described in that certain Quit Claim Deed, recorded in Official Records Book 17498 at Page 1513 and as described in that certain Right -of -Way Deed, recorded in Official Records Book 17359 at Page 3068, for 474.40 feet to the Point of Beginning; containing 9.708 Acres more or less. ,-S 1 _ -� � � a a - �.� , J . � ,�.... ♦, �uttii ; � vL� i.+i.UUr', =, a . �G.. � ��c � ;� � i..�Li., �GD�i�� Mr. Gregory J. Oravec, Planner CITY OF SOUTH MIAMI Planning & Zoning Department 6130 Sunset Drive South Miami, FL, 33143 Reference: Dear Mr. Oravec: SIMON D GROUP May 4, 1998 Via FAX to 305.666.4591 RESTAURANT GROSS LEASABLE AREA JOHNNY ROCKETS SHOPS AT SUNSET PLACE SPACE # I'i/ 02101 SOUTH MIAMI, FLORIDA We are aware that you are currently reviewing plans for Johnny Rockets_ We acknowledge that this tenant's square footage will count against our restaurant cap_ This letter is to acknowledge that Johnny Rocket's utilization of 2,230 square feet for restaurant use will count against the cap. Please contact me at your convenience if I can offer any additional assistance. 1 can be reached at the direct - dial number indicated below. I can also receive facsimile transmissions at (317) 685 -7222 or 685 -7269 and entail at rhorkay@a sdgconnect.com. Sincerely, —Ad Robert L. Horkay Direct Dial (317) 263 -7916 Tenant Coordinator Copy: Tisha Anspach. Aaron Cohen (via FAX to 844.4527), Gensler Associates (Peter Sahmel - via email to peter salimelfa gensler.com), Nena hinricks, Eddie Latcssa (via FAX to 617.864.5990), Tom Sehncidcr. Mike Sharp, Site Office (Ron Grabill, Don Klink - via FAX to 305.663.6619), Tenant File, Central Files F:17ENCORkCEN7'ERn3o3W IR0005.vtM: NATIONAL CITY CENTER o POST OFFICE BOX 7043 o INDIANAPOLIS, IN01ANA 0 46207 0 317-636-1600 ** TOTAL PAGE.01 ** May 1, 1998 Mr. Greg Oravec City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, Florida 33143 305- 666 -4591 Subject: Johnny Rockets Shops at Sunset Special Use Permit Dear Mr. Oravec: Architecture, Design d- Planning worldwide Gensler Via Federal Express Enclosed please find the required application documentation for a Special Use Permit from your department. This application is for space HO in The Shops at Sunset Place mall of South Miami. Johnny Rockets is a full service restaurant which does not serve any alcoholic beverages. Anticipated hours of operation are: Sunday through Thursday 11:00am to 10:00pm, Friday and Saturday 11:00am to Midnight. Outside patio seating is anticipated. Very truly yours, Peter Sahmel enclosures: Menu and merchandise lists, A -1 dwg. Tenant HO Simon Debartolo Group 1 -21 -98 (revised), Check for $1,500.00 fee, LOD -1 dwg. for tenant HO -1 Simon Debartolo Group 11- 26 -97, Lease pages: 1, 27, exhibit "A" (legal description) pages 1 and 2, exhibit `B" page 2, exhibit `B- 1" showing location of outdoor patio seating cc: John French 600 California Street San Francisco California 9 410 8 Tel: 415. 433. 3700 Fax: 415. 627 3737 iw/ /w Itd.epf 66 of our 100/. Hflr�lll6.I J��• Z 19 ►l�■�n►►nnrnn 1711PIPUwcA4 The Original ...................... 3.70 Sensed u ib lettuce - tomato - mustard - pickle - nrgronnaise - re/ub - cbopped onion #12. ........ 3.95 Sem% -d u•ltb teatice - .mayonnaise - pickle - on0t slice - Tillamook Cbeddar cheese - Jobnny Rockers "red reel sat/ce St. Louis" .. ... ... .............. 4.70 Served uirb bacon - Swiss cbeese - gritted onions - lettuce - pickle - Jobnny Rockets special sauce ",. Streamliner- {Vegetarian) ........................ 3.95 Vegetarian burger served witb lettuce - tomator ` pickle - mustard - grilled onions 1 EXTRA EXTRAS ' Grilled Onions. .35 Cheese ........ '.45 Chili .50 Egg ......... .50 Swiss or Tillamook Cheddar Bacon (2 slices ) .80 "Plus " Extra patty ....... 1.75 T -Shirt ' z" cohort - M -t xr 9.50 "The" Chili Dog ............ 3.95 Served untb cbili - cbeese - onions Not Dog ... mustard - relisb - onions 2.95 Tuna Salad Sandwich ....... 4.45 Served wltb lettuce - nrayonnaue rubole black olives on The side Egg Salad Sandwich ........ 2.95 Served w0 lettuce - mayonnaise - wbole black olives on the side Grilled Breast of Chicken .... 4.65 Served ccttb lettuce - tomato - mayonnaise Bacon, lettuce and Tomato .. 3.85 Served uirb maj,onnalse - on to&red wbole wbeat bread Grilled Cheese Sandwich .... 2.85 Served wilb 77114/nook Cheddar cheese - bole black olives on the side American Fries ..... 1,65 - Chill Fries ......... 2.95 Onion Rings ....... 2.65 ! Bowl of Chili ....... 2.50 6AAA even gVVn r vt Coke• Coffee ... 1.10 Diet Coke` ( Milk 1.10 Sprite' .... Orange Tea ..... 1.10 Plbb' ea lltq's' Hoot Bear toed Coffee 1,10 1 1.10 1 Iced Tea . 1.10 Lemonade ..... 1.55 I vvn1nrtl Malts ............... 3.15 Shakes 3.15 chocolate _ _vanilla- strawberry Floats ........... 2.25 Flavored Coke' cherry - chocolate - vanilla - lemon 1.35 DESSERT'... "Our Desserts Are So Good" Not Fudge Sundae ......... 3.45 Apple Pie .... 1.95 Two scoops vanilla Ace cream - Whole Apple Ple , , 9.50 Two served witbJobnny Rockets hot fudge - a la diode ........ 1.00 wbipped cream and toasted almonds Cheese .......... .45 MY ftow%g The WON To Rekr k-w ce T%.1,P"me C". AUCmef. %1SA0' 1d IM .1gA tier R mrt.tarN. F<M lom m VM.n Axww, ,U,, Tax WAI Be A"-d O- .W lone. 0 awa The joh" kwir a of-e W ) 1W.9-04 • C- Utw. cwuv" Gn. I' i a JrT T T T o-- f r O__ \m r- > Z r— C) o-- w D �— Z O— G�- 0-L— O— O-- O x (7,' e a � � C L—) d CA T T T o T T T T� T =ag �Y• ��JJJ CJ� x � O O O O O o =o 0o b r 0 D m D G7 NN �O r A y 3 z b y a m 0 0 ww o nk'�.'3ir�s1..S�:i.T0.AV w a Pnp.e..�ua O �x �d z O A en w 4 M 0 H ro z to C C Y O z a ro iT1 �n ro trl n H Y 0 x H H 0 z H z 0 .G z 0 N H H A-� wa "aA T �o 8 n i,I_P 8 0 m m y O I '�^ V l Jti� 0 i �c s I .r1 I I ♦� I I \ ♦ 1 i . I i ` I \ V • I 1 I I � t O u • a1 43 p . z 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) 6664591 On Tuesday, May 26, 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 -011 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the Land Development Code to allow a twelve and one -half (12.5) foot front setback, where twenty -five feet (25) is required, and a twenty -three (23) foot rear setback, where twenty -five (25) feet is required, on property located in the RS-4 "Single Family Residential" zoning district. Location: 6273 SW 60`h Avenue South Miami, Florida 33143 ITEM: PB -98 -012 04 Applicant: The Johnny Rockets Group, Inc. Request: A Special Use Permit 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 Tenant Space HO South Miami, Florida 33143 ITEM: PB -98 -013 Applicant: China Grill Cafe Sunset, Inc. Request: A Special Use Permit fora "Restaurant, General" in the Hometown District, as specified in § 20- 3.4(B)(4)(b) of the Land Development Code. Location: 5701 Sunset Drive Tenant Space C 18 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. rojer C IANOgws 00 J 3-. . -. r f i I -- MAILING AREA - -- APPLICANT: THE JOHNNY ROCKETS GROUP, INC. OWNER: . BAKERY ASSOCIATES, LTD. ADDRESS: 5701 SUNSET DRIVE TENANT SPACE H01 REQUEST: SPECIAL USE PERMIT CITY OF SOUTH MIAMI HEARING NUMBER: PB -98 -012 DATE: MAY 26, 1998 PLANNING BOARD SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, May 26, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance A. Mr. Pages, Chairperson, called the meeting to order. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages, Mr. Morton, Ms. Chimelis, Mr. Basu, Mr. Lefley, Mr. Wiscombe, and Mr. Huggins B. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Public Hearings A. ITEM: PB -98 -011 Applicant: Habitat for Humanity of Greater Miami Request: A variance from Section 20 -3.5 (E) of the Land Development Code to allow a twelve and one -half (12.5) foot front setback, where twenty -five feet (25) is required, and a twenty -three (23) foot rear setback, where twenty -five (25) feet is required, on property located in the RS -4 "Single Family Residential" zoning district. Location: 6273 SW 60`h Avenue South Miami, Florida 33143 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, reviewing the inter - office memorandum entitled Habitat for Humanity Request for Variances and noting that the dimensions for zoning review are 50 feet X 86 feet, for a minimum net lot area of 4300 sq. ft. PB Min 05 -26 -98 1 h. The Board concurred that it had concerns in regard to the overall appearance of the community, such as the "interaction" of the homes. 8. Motion: Mr. Basu moved approval of the application, with the inclusion of staff's recommendations. Mr. Wiscombe seconded the motion. 9. Vote: Approved: 7 Opposed: 0 B. ITEM: PB -98 -012 Applicant: The Johnny Rockets Group, Inc. Request: A Special Use Permit 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 Tenant Space HO1 South Miami, Florida 33143 1. Mr. Wiscombe read the request into the record. 2. Staff presented the item to the Board, reviewing the inter - office memorandum entitled Request for Special Use Johnny Rockets and noting that the applicant is requesting a special use permit in order to operate a restaurant at tenant space HO on the second floor of the Shops. 3. Staff noted that the proposed restaurant will be 2,230 sq. ft. in area, providing seating for approximately 78 patrons, with 58 located indoors and 20 situated outdoors. 4. Mr. John French, head of development at The Johnny Rockets Group, Inc., signed in to represent the applicant, stating that this restaurant would represent number 107 for the company. 5. Mr. French elaborated on the restaurant, explaining that it would represent a 1940's era diner having an Art Deco, streamlined appearance. 6. Mr. Basu inquired as to the location of a trash room at the space, and Mr. French replied that the company prefers to take refuse to an appropriate receptacle located in the complex. 7. In reply to Mr. Pages inquiry, staff noted that the complex will provide air conditioned space to each restaurant in which to store refuse until it can be transferred to a centralized location at the mall. 8. Public hearing was opened. 9. There being no one wishing to speak for or against the item, the public hearing was closed. 10. Motion: Mr. Basu moved approval of the application, as presented. Mr. Morton seconded the PB Min 05 -26 -98 3 motion. 11. Vote: Approved: 7 Opposed: 0 C. ITEM: PB -98 -013 Applicant: China Grill Cafe Sunset, Inc. Request: A Special Use Permit 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 Tenant Space C 18 South Miami, Florida 33143 1. Mr. Basu read the request into the record. 2. Staff explained that the item should be deferred to the Board's next regularly scheduled meeting, which is currently planned for July 14, 1998, due to summer break. 3. Discussion ensued regarding the Board's next meeting, and Mr. Pages suggested that the Board have a special meeting in June, to include consideration of the deferred item. 4. Motion: Mr. Basu moved approval that the item be deferred to the Planning Board's special meeting, to be held on Tuesday, June 30, 1998. Mr. Wiscombe seconded the motion. 5. Vote: Approved: 7 Opposed: 0 IV. Presentation A. In his opening remarks, Mr. Pages thanked McBride Company for its letter of apology, dated May .13, 1998, regarding absences of representatives at the last Planning Board meeting. B. Mr. Pat McBride spoke before the Board and explained that three restaurants would be included in the presentation, and he noted that architects and designers for the three restaurants are present for the presentation. 1. Coco Pazzo a. Mr. McBride began by giving background information on Coco Pazzo, commenting that the restaurant has a "renowned" location in New York. b. Mr. McBride related that a front elevation for the restaurant has been prepared for the Board's review, which includes accommodations for outdoor dining. PB Min 05 -26 -98 4 i MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING JUNE 9, 1998 inthe _ ... » .. ............. 10Cj=....... ........... ..................... Court, was published in said newspaper in the issues of May 29, 1998 Afflant further says that the said Miami Daily Business 3eview is a newspaper published at Miami in said Dade : ounty, Florida, and that the said newspaper has heretofore Seen continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and ias been entered as second class mail matter at the post 3fflflce in Miami in said Dade County, Florida, for a period of Nte year next preceding the first publication of the attached ;opy of advertisement; and affiant further says that she has ieither paid nor promised any pens or corporation my diseoun rebate, commissio nd r the purpose ;f seeu5mg advertisem ublica on in the said 2 9 sy an bsc me 98 ---day OFFICIAL OTAR EAL SEAL) 1r�Y (10 JANETT LLERE COMIOSSION NUMBER )ctelma V. Ferbeyr mown to r, INC nLoC566004 9i e� MY COMMAI WAMEXP6f£S FOR c JUNE 23.2000 s • CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, June 9, 1998 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR VARIANCES FROM SECTION 20-3.5 (E) OF THE LAND DEVELOPMENT CODE.TO ALLOW A TWELVE AND ONE -HALF (12.5) FOOT FRONT SETBACK, WHERE TWENTY -FIVE FEET (25) IS REQUIRED, AND A TWENTY -THREE (23) FOOT REAR SETBACK, WHERE TWENTY -FiVE (25) FEET IS REQUIRED, ON PROPERTY LOCATED IN THE.RS- 4•.'SINGLE-. FAMILY . RESIDENTIAL•. - ZONING DISTRICT, SPECIFICALLY LOCATED AT 6273 SW 60TH AVENUE, SOUTH MIAMI; FLORIDA 33143. - - _ A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A SPECIAL USE PERMIT FOR A 'REST- AURANT, GENERAL' IN THE HOMETOWN DISTRICT, AS SPECIFIED IN § 20- 3.4(B) (4) (B) OF THE LAND DEVELOP- MENT CODE, REGARDING PROPERTY LOCATED AT 5701 SUNSET DRIVE, TENANT SPACE H01, SOUTH MIAMI, FLORIDA 33143. Inquiries concerning this item should be directed to the Planning & Zoning Department at: 663 - 6327. ALL interested parties are invited to attend and will be heard. Ronetta Taylor, CMC City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the Public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record in- dudes the testimony and evidence upon which the appeal is to be 51.29. - - _ _ _ _ -- -- _ - - 98-3-052919M es ?e CITY OF SOUTH MIAMI Y INTER - OFFICE MEMORANDUM To: Mayor and Commission f Date: June 4, 1998 4001 Agenda Item # From: Charles Scurr Subject: Comm. Mtg. June 9, 1998 Interim City Manager Multipurpose Center Funding Mayor Robaina, Don DeLaney and Diana Morris have been working with local banks for the past few months to put together an arrangement for a loan for construction of the Multipurpose Center. We have two proposals from local banks to provide a low interest loan to the city in an amount up to $1,800,000 utilizing the annual payment of $150,000 paid to the city by South Miami Hospital for repayment. This resolution gives your approval to move into the next stage — to negotiate terms and conditions with the banks and to work with the South Miami Hospital on the revisions to the existing agreement which will be required. As you know, we were recently approved by Safe Neighborhood Parks for a challenge grant in the amount of $1,482,000. This requires dollar for dollar match. We competed for the grant on the basis of a commitment of funds through the Bank/Hospital arrangement. This loan, combined with the challenge grant funds and the funds already allocated for the project will allow us to build this facility in our Murray Park. The final loan agreement and revisions in the South Miami Hospital agreement will require your approval. Your approval is recommended. I —i M m 0 O m z v O z ca N N N O Z $ w Q° obi N 0 C O N N 3 a- CD 8 cr s Q 90 c .. O y 03 �� o cn 0 3 , O co 0 � CD 0 o - •rte 0 cE, 00 �7C CD OZ17 � � C� � Op 0 C 0 M m m 7Z' -G -n ;LL N OW tC g =r 7• 3 m d O m Sio CQ 1 rt0 = (D T� C S co d S 0- 0 .y. R $ c Cr D O 3,0 O ca y. y C A j N-0 O? �• y ID • O O in CD 3� O� y� mm N y!R .+ o N 0 27x52 �$� o.mc.P. W O C Tr ��m�aW $$ = CD CD 0CL �. n $°' � � w B dam oa m o� D� � � $ $ 8. g 8P. .0,5 =a Wiz- "�_a�Q � m�am8y� 7@ g 8 y ?8 c�3m �W w 8 3 f1D 9a� < � go � °_.Fn m'rY0. °• CD Cr CD CL O c m fio 8 (Dy m 03 w O c. a O O � rte. O cr 8 y 2 g m ��c» -'� � c m a2� _ _C c C3 CA CD ,8 _M J ry-4 (o r C) Q O C a C) co Q O O 0 O v TL B V X79 CO �CO) c 0 3 CD CL C6 N 0 0 SM y W 3 CD °' 9 n °' T p C °o .� co 9 79 8 o W (D N N cr S 8• $ C o a Cr m �D fD •$ m d Q• Q O "' 7 R �Cyp� v 02 Q v � N -8p Q (' Q � C 0 CD SD p 0 S GBi CO CD o a CL "Ic m3 � G -p 0� O. av CD 4° EA co O c o D $ '� a C 0 w __ CD co _ CL co 0 fC N „Ny fG 0 '� N l/l CL �• �' (=D Eft <D Q a N. ' N i = to Co O d c .� a a ° C) co Zn J A V7 C Co O 0 � I —i M m 0 O m z v O z ca 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 FUNDS FOR CONSTRUCTION OF A MULTI - PURPOSE CENTER, AUTHORIZING THE OFFICE OF THE CITY MANAGER TO NEGOTIATE THE TERMS OF AN ARRANGEMENT FOR A LOAN IN AN AMOUNT NOT TO EXCEED $1,800,000 FROM A LOCAL BANK, UTILIZING AN ANNUAL PAYMENT OF $150,000 TO THE CITY BY SOUTH MIAMI HOSPITAL AS PROVIDED IN AN EXISTING AGREEMENT. WHEREAS, the Mayor and City Commission have made a commitment to aggressively pursue funding to construct a multipurpose center at Murray Park, and; WHEREAS, preliminary negotiations have resulted in two proposals from local banks to provide low interest loans of approximately 1.5 to 1.8 million dollars, utilizing the annual payment of $150,000 from South Miami Hospital as funding source for repayment, and; WHEREAS, the City of South Miami has been approved for a grant from Safe Neighborhood Parks in the amount of 1,482,000.00 for construction of the multipurpose center which requires an equivalent match, and; WHEREAS, the combination of the grant with the matching fund and other funds designated for design and construction of the multipurpose center will enable the city to finalize plans and begin construction of this project. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby authorizes the office of the city manager to negotiate the terms and conditions of an arrangement for a loan of not more than $1,800,000 utilizing an annual payment of $150,000 currently paid to the City by South Miami Hospital, and authorizing required modifications of the agreement with South Miami Hospital to accomplish this arrangement. SECTION 2. The loan agreement and any modifications to the agreement with South Miami Hospital shall be presented to the Commission for final approval. 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 TO: SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM Mayor and City Commission DATE: June 3, 1998 Re.Agenda Item # an Comm.Mtg.June 9,1998 Countywide Concurrent Law Enforcement Jurisdiction FROM: Charles Scurr, Interim City Manager 'a faW4 The attached Resolution seeks authorization from the Mayor and City Commission for the Police Department to be a party to the "Addendum to Joint Declaration to Mutual Aid Agreement ". This Agreement was prepared after a lengthy study by a committee of Police Chiefs from throughout Miami -Dade County. Historically, South Miami Police Officers have "had their hands tied" by jurisdictional technicalities when they witness events in other jurisdictions. This presents a particular problem unique to South Miami officers due to the fact that there are enclave areas within the general boundaries of the city which are unincorporated. While the Agreement's policy specifically prohibits officers from conducting routine patrol activities within these unincorporated areas, if they were to witness an event while traversing the area, proper police action is authorized. Additionally, our investigators, who have always been hampered in the past by jurisdictional boundaries and technicalities, will now be able to follow leads and carry out investigations up to and including arrests without being hampered by jurisdictional restrictions. CS /mm /esw 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO HAVE THE SOUTH MIAMI POLICE DEPARTMENT BE A PARTY TO THE "ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT" WHEREAS, a Committee of Police Chiefs from throughout Miami -Dade County has recommended that Police officers throughout the County be given concurrent jurisdiction, and WHEREAS, due to the numerous jurisdictional boundaries that exist within the County, Police officers are often present during events in other jurisdictions requiring immediate action, and WHEREAS, with concurrent jurisdiction, investigators are able to cross jurisdictional boundaries in the same manner as those being investigated, NOW, THEREFORE, be it resolved by the Mayor and City Commission of the City of South Miami, Florida that the South Miami Police Department is a party to the "Addendum to Joint Declaration to Mutual Aid Agreement ". Section 1: That this Resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1 1998. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY SOUTH MIAMI POLICE DEPARTMENT ;r INTER - OFFICE MEMORANDUM TO: Mr. Charles Scurr Interim City Manager 1, FROM: Cokes Watson, Chief of Police DATE: May 11, 1998 SUBJECT: Countywide Police Jurisdiction _L� " !yIAY ? 8 PE Several months ago, a Committee of Police Chiefs from within Miami - Dade County initiated an effort to provide concurrent jurisdiction to police officers while in jurisdictions other than their own. I have supported this effort since officers are often present during events in other jurisdictions requiring immediate action. Additionally, with concurrent jurisdiction, investigators are not bogged down by jurisdictional technicalities when following leads from city to city. The product of this initiative is an addendum to the "Joint Declaration to Mutual Aid Agreement" which is currently on file. A copy of the addendum is attached. We are seeking ratification by the City Commission of this endeavor. CW /mm /esw Att. W e C a r e W e P r tl' t e C t W e S e r e April 21, 1998 Metro -Dade Police Department ,,% j: Director's Office 9105 N.W. 25th Street U. Miami, Florida 33172 An Internationally Accredited Police Service Chief Cokes Watson, Jr. South Miami Police Department 6130 Sunset Drive South Miami, Florida 33143 Dear Chief Watson: Enclosed you will find two certified copies of the Addendum to the Joint Declaration that has been executed between the Miami -Dade Police Department and twenty -five municipal police agencies in Miami -Dade County. An original copy has been filed with the County Clerk. Upon filing with your respective city or village clerk, the jurisdiction of your municipal officers will be extended to unincorporated Miami -Dade County and all municipalities that entered into the agreement under limited circumstances. Pursuant to Florida State Statute, Chapter 23, Section 1225 (4), the Addendum to the Joint Declaration has been filed with the Florida Department of Law Enforcement. The Addendum is an addition to the existing Joint Declarations that have been previously filed as part of the Mutual Aid Agreements with all of the Municipalities in Miami -Dade County. Please be assured of our continuing cooperation in matters of mutual professional concern. If you should require further assistance, please contact Captain A. Galindo, Budget and Planning Bureau at 471 -2520. Sincerely CARLOS ALVAREZ Director Enclosure ADDENDUM TO JOINT DECLARATION TO MUTUAL AID AGREEMENT Whereas, it is to the mutual benefit of the municipal police agencies listed below and the Miami -Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. a) Concurrent law enforcement jurisdiction in and throughout the territorial limits of the municipalities represented by the undersigned agency heads and Miami -Dade County, Florida, excluding those areas within the territorial limits of municipalities not represented below as participants in this Addendum and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for example, to or from court, or at any time when the officer is within the territorial limits of his or her jurisdiction, and provided that, in the context of this Joint Declaration, "official business outside of his or her jurisdiction" shall not include routine patrol activities, preplanned operations, or undercover investigations. b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of the municipalities represented by the undersigned agency heads and Miami -Dade County, Florida, excluding those areas within the territorial limits of municipalities not represented below as participants in this Addendum and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes. when such offense occurred in the municipality employing the arresting officer, should the arresting officer be a municipal law enforcement officer. However, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b) above, the officer shall notify the designated officer of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to insure that any revenues or surcharges generated as a result of said arrests shall be directed to the jurisdiction in which the arrest was made. Any municipal police agency electing to participate in concurrent jurisdiction pursuant to this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that agency's Standard Operating Procedures, the following Standard Operating Procedure For Concurrent Law Enforcement Jurisdiction: l._ 1 To provide specific guidelines for the use of concurrent law enforcement jurisdiction. TO It shall be the policy of the (name of participating police agency) that law enforcement officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in unincorporated Miami -Dade County and within any municipality which participates in this Mutual Aid Agreement when the offense takes place in the officers' presence while officers are within their jurisdictions or while they are traveling from place to place on official business outside his or her jurisdiction, i.e., to or from court, or as a result of an investigation of any offense constituting a felony or act of Domestic Violence as defined in section 741.28, Florida Statutes, when the offense took place within the jurisdiction of the investigating officer. Concurrent jurisdiction does not include authority to make forcible entries into private residences or businesses which are not open to the public, i.e., authority may ' only be exercised in places which are open to the public or with the consent of an occupant entitled to give consent. ,A. General Requirements: 1. Prior to taking any enforcement action the officer shall notify the designated officer of the jurisdiction in- which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as possible. 2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed in such manner to insure that any revenues or surcharges generated shall be directed to the jurisdiction in which the arrest was made. 3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. 4. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does not include preplanned operations, undercover investigations, stings, or sweeps. 5. Officers shall not conduct routine patrol activities outside of their jurisdiction. 6. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency within whose jurisdiction the action was taken as soon as possible after the action has taken place. 7. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. 8. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. Any participant in this Addendum may withdraw from participation in the Addendum only by providing each other participant with written notice of withdrawal 30 days prior to the date of withdrawal, which date shall be specified in the notice. Furthermore, any participant wishing to withdraw from participation with one or more other participants may terminate voluntary cooperation with said participant(s) by providing written notice of termination 30 days prior to the desired termination date, in which case voluntary cooperation shall remain in force only with the remaining participants. Thomas E. Ribel, Chief Aventura Police Department Larry Freeman, Chief Bal Harbour Police Department ohn Ross, Chief Bay Harbor Islands Police Department 13o�g Date Date Date 1144 Z'Alr Barry JA6e, Chief Biscayne Park Police Department Jamegj4. Skinner, Chief Cor Gables Police Department Marvin Wiley, Chief El Portal Police Depa OL-.,, Q (�� Hernan Cardeno, Chief Gol n Beach Police Department WAOL, Arthur Washington, Chief Florida City Police Department M ��- �" Rolan Bolanos, C ' f Hialeah Police Department Keith Joy, Chief Hialeah Gardens Police Department Leonard Matarese, Chief Indian Creek Public Safety Department Date Date 31&61,9,0 D '3.3 C - Q? Date Date 3 3e�yg Date 3.3a -gg Date Date �- �0•4� P Date Michael J. Flaherty, Chief Village gMey Biscayne Police Department Patrick lly, Chief Medley Police Depa Donald H. Warshaw, Chief Miami Police Department Richard Barreto, Chief Miami Beach Police Department ick ten, &iee Miami Shores Police eDartment ./ Eugene'B. Duffy, ChiefL/ (,/ l Miami Springs Police Department William Budd, Chief North Bay Village Pc Thomas Hood, 'ef North Miami P lice Department • � c William Berger, bmf North Miami Beach Police Department Date Date Date 3-3��`�� Date .-3/?4 Aw Date —3e Date Date Date 2 -�" _FY Date Z— Za-- Date mace ijavis, umer Village of Pinecrest Police Department Cokes Watson, Jr., Chief South Miami Police Department arty Boemler, Chief Surfside Police Department Sweetwater Police Roger ree, Chief Virginia Gardens Police Department Patrick O. Kiel, ehief West Miami Police Department Carlos Alvarez, Director Miami -Dade Police Department Harvey jZuvin ' County Clerk Iy"` Date �31_X4_�r ate Date Date AF Date Date o3 %0' Date Date Date a STATE OF FLORIDA ) SS: COUNTY OF DADE ) 1, HARVEY RUVIN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex- Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of "Addendum To Joint Declaration To Mutual Aid Agreement" for Standard Operating Procedure For Concurrent Law Enforcement Jurisdiction, filed with the Clerk of the Board by the Miami -Dade Police Dept.) as appears of record. on April 10, 1998. IN WITNESS MER®F, I have hereunto set my hand and official seal on this 14th day of April , A.D. 19 98 CLK /CT 588 3/93 HARVEY RUV1N, Clerk Board of County Commissioners Dade County, Florida By Deputy Clerk Board of County Commissioners Dade County, Florida ADDENDUM TO JOINT-DECLARATION TO MUTUAL AID AGREEMENT Whereas, it is to the mutual benefit of the municipal police agencies listed below and the Miami -Dade Police Department, through voluntary cooperation, to exercise concurrent jurisdiction over the areas described in subparagraphs (a) and (b) below, in that officers, while in another jurisdiction, are often present at events where immediate action is necessary, or are able to expeditiously conclude an investigation by identifying and arresting an offender. a) Concurrent law enforcement jurisdiction in and throughout the territorial limits of the municipalities represented by the undersigned agency heads and Miami -Dade County, Florida, excluding those areas within the territorial limits of municipalities not represented below as participants in this Addendum and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, for felonies and misdemeanors, including arrestable traffic offenses, which spontaneously take place in the presence of the arresting officer, at such times as the arresting officer is traveling from place to place on official business outside of his or her jurisdiction, for example, to or from court, or at any time when the officer is within the territorial limits of his or her jurisdiction, and provided that, in the context of this Joint Declaration, "official business outside of his or her jurisdiction" shall not include routine patrol activities, preplanned operations, or undercover investigations. b) Concurrent law enforcement jurisdiction in and throughout the territorial limits of the municipalities represented by the undersigned agency heads and Miami -Dade County, Florida, excluding those areas within the . territorial limits of municipalities not represented below as participants in this Addendum and areas in which the Miami -Dade Police Department does not have law enforcement jurisdiction, for arrests, made pursuant to the laws of arrest, of persons identified as a result of investigations of any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Sla.u= when such offense occurred in the municipality employing the arresting officer, should the arresting officer be a municipal law enforcement officer. However, concurrent jurisdiction under this subparagraph does not include authority to make nonconsensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, i.e., authority derived pursuant to this subparagraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to either paragraph (a) or (b) above, the officer shall notify the designated officer of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. Furthermore, all arrests made pursuant to subparagraph (a) above shall be processed and coded pursuant to directions of the Clerk of the Court, in such manner as to insure . that any revenues or surcharges generated as a result of said. arrests shall be directed to the jurisdiction in which the arrest was made. Any municipal police agency electing to participate in concurrent jurisdiction pursuant to this Addendum shall, before exercising concurrent jurisdiction, adopt as part of that agency's Standard Operating Procedures, the following Standard Operating Procedure For Concurrent Law Enforcement Jurisdiction: To provide specific guidelines for the use of concurrent law enforcement jurisdiction. II. POLICY: It shall be the policy of the (name of participating police agency) that law enforcement officers may make arrests for felonies, misdemeanors and arrestable traffic offenses in unincorporated Miami -Dade County and within any municipality which participates in this Mutual Aid Agreement when the offense takes place in the officers' presence while officers are within their jurisdictions or while they are traveling from place to place on official business outside his or her jurisdiction, i.e., to or from court, or as a result of an investigation of any offense constituting a felony or act of Domestic Violence as defined in section 741.28, Florida Statutes, when the offense took place within the jurisdiction of the investigating officer. Concurrent jurisdiction does not include authority to make forcible entries into private residences or businesses which are not open to the public, i.e., authority may only be exercised in places which are open to the public or with the consent of an occupant entitled to give consent. ,A. General Requirements: 1. Prior to taking any enforcement action the officer shall notify the designated officer of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as possible. 2. All arrests made pursuant to this Mutual Aid Agreement shall be coded and processed in such manner to insure that any revenues or surcharges generated shall be directed to the jurisdiction in which the arrest was made. 3. Officers shall not utilize unmarked vehicles to make traffic stops or to engage in vehicle pursuits. 4. Concurrent law enforcement jurisdiction pursuant to this Mutual Aid Agreement does not include preplanned operations, undercover investigations, stings, or sweeps. 5. Officers shall not conduct routine patrol activities outside of their jurisdiction. 6. Reports of any action taken pursuant to this Mutual Aid Agreement shall be faxed to the agency head of the agency within whose jurisdiction the action was taken as soon as possible after the action has taken place. 7. Any conflicts regarding jurisdiction will be resolved by allowing the agency within whose jurisdiction the action took place to take custody of any arrestees and/or crime scenes. 8. All concurrent jurisdiction stationary surveillance activities shall require notification of the agency within whose jurisdiction the surveillance takes place. The notification shall include the general location of the surveillance and a description of the vehicles involved. Mobile surveillance shall not require notification unless concurrent jurisdiction enforcement activities take place. Any participant in this Addendum may withdraw from participation in the Addendum only by providing each other participant with written notice of withdrawal 30 days prior to the date of withdrawal, which date shall be specified in the notice. Furthermore, any participant wishing to withdraw from participation with one or more other participants may terminate voluntary cooperation with said participant(s) by providing written notice of termination 30 days prior to the desired termination date, in which case voluntary cooperation shall remain in force only with the remaining participants. Thomas E. Ribel, Chief Aventura Police Department Larry Freeman, Chief Bal Harbour Police Department fbhn Ross, Chief Bay Harbor Islands Police Department Date Date 3 3a�8 Date xez Barry J 6, Chief Biscayne Park Police Department Jame o. Skinner, Chief Coral/Gables Police Department a Marvin Wiley, Chief El Portal Police DeDE CL,,,, Q fe-��Ir Hernan Carden, Chief Gol n Beach Police Department � ��' w Aol—� Arthur Washington, Chief Florida City Police Department Rolan Bolanos, Cidef Hialeah Police Department Keith Joy, Chief Hialeah Gardens Police Department Leonard Matarese, Chief Indian Creek Public Safety Department Date Date c3 d o pf� D Date 31 14F je 3 3c y g Date c 3 -3a -9g Date Date :Z- 3o•QY Date Michael J. Flaherty, Chief Village cey Biscayne Police Department Patrick lly, Chief Medley Police _Qepa Donald H. Warshaw, Chief Miami Police Department Richard Barreto, Chief Miami Beach Police Department ick ten, ehiefj � Miami Shores Police Department Eugen $. Duffy, Chie Miami Springs Police Department William Budd, Chief North Bay Village Pc Thomas Hood, Qhief North Miami P lice Department \dw a6�: c William Berger, bmf North Miami Beach Police Department Date 63- xj_IX Date 3 --30 --IT8 Date 3-3U_`�� Date ?d /� 4? Date Date Date 2 — — TY Date Z- Date Village of Pinecrest Police Department a A /-0 _�rQ Cokes Watson, Jr., Chief South Miami Police Department arry Boemler, Chief Surfside Police Department 17 Sweetwater Police G Roger Kee, Chief Virginia Gardens Police Department Patrick O. Kiel, Ohief West Miami Police Department Carlos Alvarez, Director Miami -Dade Police Department Harvey Ruvin Countv Clerk Date ate 3orn 'qy Date Date Date Date Q3 �a yS Date 3 A 0 �P Date Date STATE OF FLORIDA ) SS: COUNTY OF DADE ) I, HARVEY RUVIN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex -Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of "Addendum To Joint Declaration To Mutual Aid Agreement" for Standard Operating Procedure For Concurrent Law Enforcement Jurisdiction, filed with the Clerk of the Board by the Miami -Dade Police Dept., as appears of record. on April 10, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and official sear on this 14th day of April , A.D. 19 98 HARVEY RUVIN, Clerk Board of County Cannissioners Dade County, Florida By -� r Deputy Clerk Board of County Commissioners Dade County, Florida CLK /CT 588 3/93 Fit�,+ TOWN OF SURF'SIDE . MUNICIPAL BUILDING 9293 HARDING AVENUE SURFSIDE, FLORIDA 33154 LAWRENCE R. BOEMLER Chief of Police April 20, 1998 Cokes Watson Jr., Chief of Police, South Miami Police Dept. 6130 Sunset Dr. South Miami, Fl. 33143 . R E C E I V E r..•a j f 1j ^j CHIEF'S OFFICE SOUTH MIAMI POLICE DEPT. Telephone: (305) 861 - 4862 Facsimile: (305) 861- 8960 E -Mail SPD @icanact.net Intemet: www.town.surfside.fl.us Please be advised that the Surfside Town Commission is continuing its evaluation of the Addendum, signed by a majority of the Chiefs of Police on March 30, 1998. This addendum has not ben ratified by our elected officials, and therefore has not been filed with the Town Clerk as required in the original Mutual Aid Agreement article 3A which defines a Joint Declaration and specifies the requirements for it to become effective. Please advise your officers that until such time as the Commission approves or modifies any changes to the Joint Declaration, not to consider the Town of Surfside as a participant in the Addendum. Sincerely, L. R Boemler Chief of Police cc: Florida Department of Law Enforcement EC E I V E t CHIEF'S OFFiCc j '.Oy H MIAMI '?O- C,E C'c SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles Scurr, Interim City Manager a4 a4 DATE: June 3, 1998 Re: Agenda Item Itil Comm.Mtg.June 9, 1998 Mutual Aid Agreement With Dade County School Board Police The City of South Miami Police Department requests to enter into a Mutual Aid Agreement with the Dade County School Board Police. There is the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man -made conditions which are likely to be beyond the control of the City of South Miami and /or the Dade County School Board Police. Therefore, it is the responsibility of the respective governments to ensure the public safety of their citizens by providing adequate levels of police services. By entering into this Mutual Aid Agreement with the Dade County School Board Police we will be better able to protect the peace and safety and preserve the lives and property of the people in the jurisdiction of the City of South Miami. I recommend approval of this Mutual Aid Agreement. CS /ESW 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY 6 MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT, IN 7 A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE 8 DADE COUNTY SCHOOL BOARD POLICE, ON BEHALF OF THE 9 CITY OF SOUTH MIAMI POLICE DEPARTMENT PURSUANT TO 10 SECTION 23,1225(3), FLORIDA STATUTES. 11 12 WHEREAS, Chapter 23, Florida Statutes, the Mutual Aid Act, 13 required the authorization by the governing body of the 14 municipality before a Mutual Aid agreement may be entered into by 15 the Mayor or the chief executive officer of the municipality on 16 behalf of a law enforcement agency; and 17 18 WHEREAS, there is the existing and continuing possibility of 19 the occurrence of law enforcement problems and other natural and 20 man -made conditions which are or are likely to be beyond the 21 control of the services, personnel, equipment or facilities of the 22 City of South Miami and /or the Dade County School Board Police; and 23 WHEREAS, to meet the responsibility of the respective 24 governments to ensure the public safety of their citizens by 25 providing adequate'levels of police services, preparation must be 26 ensured to protect the public peace and safety and to preserve the 27 lives and property of the people in the jurisdiction of the City of 28 South Miami and /or the Dade County School Board Police; 29 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 30 OF SOUTH MIAMI, FLORIDA: 31 Section 1: The recitals and findings contained in the 32 Preamble to this Resolution are hereby adopted by reference thereto 33 and incorporated herein as is fully set forth in this Section. 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 IWZ Section 2: The City Manager of the City of South Miami be, and hereby is, authorized to enter into a Mutual Aid Agreement in a form acceptable to the City Attorney, with the Dade County School Board Police on behalf of the City of South Miami Police Department pursuant to Section 23.1225(3), Florida Statutes. Section 3: This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of 1998. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MUTUAL AID AGREEMENT THIS AGREEMENT is entered into on , by and between the City of South Miami, ( "City ") and The School Board of Dade County, Florida, on behalf of the Division of School Police ( "School Police "); the City and School Police are hereinafter collectively referred to as "Law Enforcement Agencies." WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi jurisdictional law enforcement problems occurring on or about school district property, involving school students, personnel and property, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations involving school students, personnel and property including, but not limited to emergencies as defined under Section 252.34, Florida Statutes; and WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of operational assistance in a law enforcement emergency as defined in Section 252.34, Florida Statutes. NOW, THEREFORE, THE LAW ENFORCEMENT AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR VOLUNTARY COOPERATION A. The subscribing Law Enforcement Agencies may request and render routine law enforcement assistance to the other across jurisdictional lines in dealing with any violations of Florida Statutes occurring on or about school district property involving school students and personnel. The assistance shall be related to incidents which occur on or about school property and may include but not necessarily be limited to assisting in investigations, homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations pursuant to Chapter 893, Florida Statutes, backup services during patrol activities, and interagency task forces and /or joint investigations. B. The subscribing Law Enforcement Agencies agree that the School Police shall have continuing authority to adequately respond to multi jurisdictional law enforcement problems occurring within 1000 feet of a school or school district property that involves school students and personnel. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribing Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render assistance in a law enforcement emergency involving school related disturbances and demonstrations, natural or man -made disasters, school sporting events, graduations, school related parades, field trips and investigations, and incidents requiring the utilization of School Police specialized units. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency is in need of assistance as set forth above, such agency shall notify the agency from which such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he /she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how ling such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The Agency Head or his /her designee of the agency requesting assistance shall establish the mission definition and supervisory control of departmental personnel and equipment; however, the personnel and equipment that are assigned by the assisting Agency Head shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his/her designee of the Agency requesting assistance. A. CONFLICTS Whenever a Law Enforcement Offer is rendering assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order and standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting Agency, then such rule, regulation, policy, general order or procedures shall control and shall supersede the direct order. 4 B. HANDLING COMPLAINTS Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head of his /her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded without delay to the Agency Head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and /or whether any of the employees of the requesting agency violated any of their agency's policies and procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: LIABILITY INSURANCE Each agency shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15)(a), Florida Statutes, in an amount which is, in the judgment of the governing body of that agency, at least adequate to cover the risk to which that party may be exposed. 3 SECTION VII: POWERS PRIVILEGES, IMMUNITIES AND COSTS A. Employees of each subscribing Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to the other agency to this Agreement as set forth above; provided, however, that no agency shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. A subscribing Law Enforcement Agency that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. D. A subscribing Law Enforcement Agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. E. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. F. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party to the other. SECTION VIII: FORFEITURE PROVISIONS A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this Agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. M B. All proceeds from forfeited property seized as a result of or in accordance with this agreement shall be divided equally between the parties, less the costs associated with the forfeiture action. SECTION IX: EFFECTIVE DATE This Agreement shall take effect on the first date written above upon execution by the subscribing Law Enforcement Agencies and shall continue in full force and effect until December 31, 2001. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION X: CANCELLATION Either agency may cancel their participation in this Agreement upon delivery of written notice to the other Agency setting forth the effective date of each such cancellation. IN WITNESS WHEREOF, the subscribing Law Enforcement Agencies hereto cause these presents to be signed as of the date specified above. CITY OF SOUTH MIAMI Charles Scurr City Manager By: Cokes Watson, Chief South Miami Police Department 5 THE SCHOOL BOARD OF MIAMI DADE COUNTY, FLORIDA, on behalf of the Division of School Police C Roger C. Cuevas Superintendent of Schools Vivian H. Monroe, Chief Division of School Police MUTUAL AID AGREEMENT THIS AGREEMENT is entered into on , by and between the City of South Miami, ( "City ") and The School Board of Dade County, Florida, on behalf of the Division of School Police ( "School Police "); the City and School Police are hereinafter collectively referred to as "Law Enforcement Agencies." WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Continuing, multi jurisdictional law enforcement problems occurring on or about school district property, involving school students, personnel and property, so as to protect the public peace and safety, and preserve the lives and property of the people; and (2) Intensive situations involving school students, personnel and property including, but not limited to emergencies as defined under Section 252.34, Florida Statutes; and WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and (2) Provides for rendering of operational assistance in a law enforcement emergency as defined in Section 252.34, Florida Statutes. NOW, THEREFORE, THE LAW ENFORCEMENT AGENCIES AGREE AS FOLLOWS: SECTION L• PROVISIONS FOR VOLUNTARY COOPERATION A. The subscribing Law Enforcement Agencies may request and render routine law enforcement assistance to the other across jurisdictional lines in dealing with any violations of Florida Statutes occurring on or about school district property involving school students and personnel. The assistance shall be related to incidents which occur on or about school property and may include but not necessarily be limited to assisting in investigations, homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations pursuant to Chapter 893, Florida Statutes, backup services during patrol activities, and interagency task forces and /or joint investigations. B. The subscribing Law Enforcement Agencies agree that the School Police shall have continuing authority to adequately respond to multi jurisdictional law enforcement problems occurring within 1000 feet of a school or school district property that involves school students and personnel. SECTION II: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribing Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render assistance in a law enforcement emergency involving school related disturbances and demonstrations, natural or man -made disasters, school sporting events, graduations, school related parades, field trips and investigations, and incidents requiring the utilization of School Police specialized units. SECTION III: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency is in need of assistance as set forth above, such agency shall notify the agency from which such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he /she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how ling such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The Agency Head or his /her designee of the agency requesting assistance shall establish the mission definition and supervisory control of departmental personnel and equipment; however, the personnel and equipment that are assigned by the assisting Agency Head shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his/her designee of the Agency requesting assistance. A. CONFLICTS Whenever a Law Enforcement Offer is rendering assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his /her own employer. If any such rule, regulation, personnel policy, general order and standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting Agency, then such rule, regulation, policy, general order or procedures shall control and shall supersede the direct order. 2 B. HANDLING COMPLAINTS Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head of his/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded without delay to the Agency Head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and /or whether any of the employees of the requesting agency violated any of their agency's policies and procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: LIABILITY INSURANCE Each agency shall provide satisfactory proof of liability insurance by one or more of the means specified in Section 768.28(15)(a), Florida Statutes, in an amount which is, in the judgment of the governing body of that agency, at least adequate to cover the risk to which that party may be exposed. 3 SECTION VII: POWERS PRIVILEGES, IMMUNITIES AND COSTS A. Employees of each subscribing Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. B. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to the other agency to this Agreement as set forth above; provided, however, that no agency shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. C. A subscribing Law Enforcement Agency that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. D. A subscribing Law Enforcement Agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. E. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. F. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party to the other. SECTION VIII: FORFEITURE PROVISIONS A. In the event an agency seizes any real property, vessel, motor vehicle, aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act during the performance of this Agreement, the agency requesting assistance in the case of requested operational assistance and the seizing agency in the case of voluntary cooperation shall be responsible for maintaining any forfeiture action pursuant to Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the exclusive right to control the responsibility to maintain the property in accordance with Chapter 932, Florida Statutes, to include, but not be limited to, the complete discretion to bring the action or dismiss the action. El B. All proceeds from forfeited property seized as a result of or in accordance with this agreement shall be divided equally between the parties, less the costs associated with the forfeiture action. SECTION IX: EFFECTIVE DATE This Agreement shall take effect on the first date written above upon execution by the subscribing Law Enforcement Agencies and shall continue in full force and effect until December 31, 2001. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION X: CANCELLATION Either agency may cancel their participation in this Agreement upon delivery of written notice to the other Agency setting forth the effective date of each such cancellation. IN WITNESS WHEREOF, the subscribing Law Enforcement Agencies hereto cause these presents to be signed as of the date specified above. CITY OF SOUTH MIAMI RA Charles Scurr City Manager By: Cokes Watson, Chief South Miami Police Department THE SCHOOL BOARD OF MIAMI DADE COUNTY, FLORIDA, on behalf of the Division of School Police C Roger C. Cuevas Superintendent of Schools Vivian H. Monroe, Chief Division of School Police Q sag CITY OF SOUTH MIAMI v INTER — OFFICE MEMORANDUM To: Mayor and Commission Date: June 4, 1998 6� Agenda Item # From: Charles Scurr fa-pbject: Comm. Mtg. June 9, 1998 Interim City Manager Community Redevelopment Agency The attached resolution addresses issues that County Commissioner Pedro Reboredo has requested regarding the South Miami CRA Plan. It is important that this resolution be approved prior to the next County Commission meeting when the two Ordinances pertaining to approval the South Miami CRA will be voted upon. Ms. Morris and Mr. DeLaney have prepared the attached memorandum which outlines each of the issues Commissioner Reboredo wants the South Miami Commission to address. Your approval is recommended. Diana Morris Office 305- 663 -6338 Deputy City Manager Direct Line 305- 668 -3878 FAX 305 -663 -6345 TO: Mayor and Commissioners DATE: June 4, 1998 (�J FROM: Diana Morris, Deputy City Manager Don Delaney, CRA Consultant RE: Community Redevelopment Agency On June 2, the South Miami Community Redevelopment Agency Plan Ordinance and TIF Ordinance came before the County Commissioners for approval. The two agenda items were tabled and the Commissioners requested a workshop on June 12 to address some questions they had regarding information they had received from parties opposing approval of the South Miami CRA. Commissioner Reboredo, who represents our district, will agree to support a Community Redevelopment Agency for our city if the City Commission agrees to address the following issues, which he forwarded to Mayor Robaina and have been incorporated into the attached resolution: 1) Ten percent (10 %) administrative cost cap 2) Fifty percent (50 %) appropriation 3) Expand CRA Trust Board to seven (7) people — two residents from the CRA Target Area 4) Firm commitment of General Funds for social services and educational projects 5) Incorporation of IPSIG — County Inspector General program 6) Commitment to build multi -unit residential projects 7) Any relocation should be within the area 8) Unit for unit replacement of any units removed from the housing stock All of these (except requiring the city to commit general funds for social and educational projects) are appropriately addressed in the Interlocal Agreement which is the next necessary step we are required to complete to establish our CRA. The Interlocal Agreement must be approved by the City Commission and by the County Commission. Analysis and comments: 10% cap on administrative cost: Only one CRA previously approved in Dade County has been limited to 10% for administrative costs. The annual TIF revenue for that CRA (Florida City) is approximately $50,000. County staff agreed that with the South Miami CRA annual revenue the level of programs and projects would be far more extensive than what is possible in Florida City, and recommended 20% for administrative cost in their staff report. 2. Fifty- percent appropriation: Again, this will be the first CRA approved in Dade County to have a limitation of 50% appropriation. All others have been given 95% of the Dade County share of tax increment. Municipalities are normally expected to appropriate 95% as well, and cannot contribute a lesser percentage than the County. 3. Expand the CRA Board: The statute provides for up to seven members for a CRA Board who are in compliance with 163.356 3 (b) F.S. The Commission chose to initially appoint itself as the CRA Board, and has recognized that consideration of appointing two additional members would be made following approval of the agency by the county. 4. Firm commitment of General Funds for social services and educational projects: This request is not definitive, but is believed to be in response to concerns that a CRA does not provide social service programs. As you know, Chapter 163 F.S. does not allow programs of this type to be funded with TIF funds. 5. Incorporation of IPSIG: Independent Private Sector Inspectors General: It sets aside a percentage of any contract to pay for one of the county's pool of five approved firms to perform audit services. Chapter 163 F.S. requires CRA's to have an annual audit, and that audit must be presented at a public meeting and forwarded to the State Auditor General's Office by March 31 of each year - this is clearly stated in our Plan. The IPSIG audit would be separate and in addition to the audit already required. 6. Commitment to build multi -unit residential projects: The Five -Year Financial Estimates for SMCRA Phase I Plan Implementation (page 48 of SMCRA plan) projects a proposed budget (budgets must be approved by CRA Board, City Commission and County Commission annually) which places the largest percentage of funds in Residential Reinvestment. We plan to aggressively pursue alternative funding sources to leverage CRA funds which will enable the city to initiate creative private /public partnerships that could include this type of residential development. This is already allowed in the currently adopted SMCRA Plan. 7. Relocation: Page 22 of the SMCRA Plan addresses the Relocation Policy. It adopts the Uniform Relocation Assistance Act provisions, and adheres to Chapter 163 and 421- F.S. Additionally, it states that if any unforeseen redevelopment project involving SMCRA requires that even one person be involuntarily displaced from either a rented or owned housing unit, the project proposal must contain a relocation plan which adheres to all applicable laws. The relocation proposal would have to be approved by the CRA Board in a publicly noticed Agency meeting prior to any final approval of the project. The addition of this provision would not conflict with the Plan as currently adopted. 01 /9.7 ins 8. Unit for unit replacement of any units removed from the housing stock: There are no programs in the plan that would remove housing stock. On the contrary, the Plan emphasizes creation of affordable housing and lists only vacant or abandoned property for possible acquisition. Adding this provision would not conflict with the SMCRA Plan as adopted. 09/97/97 MEMORANDUM OFFICE OF COMMISSIONER REBOREDO DISRICT 6 TO: Julio Robaina Mayor City of South Miami DATE: June 3, 1998 FROM: Pedro Reboredo SUBJECT: South Miami Comm' ion Community Miami ade un Redevelopment Agency 'Qi o D (CRA) Items to be included in the South Miami CRA. 1. Ten Percent (10 %) administrative cost cap 2. Fifty percent (50%) appropriation 3. Expand CRA Trust Board to seven (7) people - two residents from the CFA Target Area 4. Firm commitment of General Funds for social services and educational projects 5. Incorporation of IPSIG - County Inspector General program 6. Commitment to build multi -unit residential projects 7. Any relocation should be within the area 8. Unit for unit replacement of any units removed from the housing stock Metropolitan Dade County Office of Commissioner Reboredo 117 NW First Street Suite 220 Miami. Florida RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOUTH MIAMI 4 COMMUNITY REDEVELOPMENT AGENCY, AFFIRMING A 5 COMMITMENT TO INCLUDE CERTAIN STIPULATIONS IN THE 6 INTERLOCAL AGREEMENT, TO AFFIRM A COMMITMENT TO 7 PROVIDE SOCIAL AND EDUCATIONAL PROJECTS, AND TO a EXPAND THE CRA BOARD TO SEVEN MEMBERS. 9 10 WHEREAS, the Mayor and City Commission believe that representation on the 11 Community Redevelopment Agency Board should be expanded to include two additional 12 members, and; 13 14 WHEREAS, the Mayor and City Commission hereby affirms commitment to 15 include in the interlocal agreement; a restriction to limit CRA administrative expenditures 16 of TIF funds to 10 %; conceptually adopt the Miami -Dade County Inspector General 17 Program (IPSIG); and to accept and set the county and city's contributions respectively is to the CRA Trust Fund at 50% of the increment as defined by Chapter 163 F.S, and; 19 20 WHEREAS, the Mayor and City Commission also shall make commitments to 21 pursue construction of multi -unit residential projects within the Redevelopment Area; to 22 replace unit for unit any housing stock removed from the Redevelopment Area for 23 development other than residential; and to ensure that any required relocation will be 24 within the Redevelopment Area, and; 25 26 WHEREAS, the Mayor and City Commission also hereby makes a commitment to 27 identify social service and educational projects which will complement CRA programs, 28 and provide for these projects through the city's general fund. 29 30 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1. The City Commission hereby increases the CRA Board membership 34 from five (5) members to seven (7) members in accordance with Chapter 163 F.S. The 35 additional two members shall live within the Redevelopment Area. 36 37 Section 2. The City Commission hereby establishes its intent to accept and 38 limit the county and city's contributions respectively to the CRA TIF Fund to 50% of the 39 increment from the ad valorem tax increment within the Redevelopment Area in 4o accordance with Chapter 163 F.S. This will be addressed in the interlocal agreement. 41 42 Section 3. The City Commission hereby makes a commitment to include, as 43 appropriate, in the interlocal agreement with Miami Dade County certain other 44 stipulations as outlined above regarding relocation policy, replacement of housing units, 45 provision of social and educational projects from general funds, and conceptual adoption 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 of the IPSIG — County Inspector General program. SECTION 4. 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 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: Charles D. Scurr RE: City Manager June 9, 1998 Agenda Item # 443 Commission Meeting, June 9, 1998 PRESENTING A PROPOSED STORMWATER USER FEE TRUST FUND EXPENDITURE BUDGET FOR FISCAL YEAR 1998/99 TO THE BOARD OF COUNTY COMMISSIONERS FOR REVIEW AND APPROVAL The attached resolution presents a proposed Stormwater User Fee Trust Fund expenditure budget for fiscal year 1998/99 to the Board of County Commissioners. The County must review and approve the Stormwater User Fee Trust Fund Budget for each member of the Miami -Dade County Stormwater Utility. Per an Interlocal Agreement with Miami -Dade County, the City of South Miami receives stormwater "user fee" revenue collected through the Miami -Dade Water & Sewer Department billing system. These revenues are to be used for stormwater drainage capital improvement projects, canal maintenance (a flood control and pollution control consideration), storm drain maintenance, and for groundwater quality projects such as those required by the Federal Clean Water Act / National Pollutant Discharge Elimination System (NPDES) regulations. Inasmuch as these are ounty- generated revenues disbursed to the City, the County must review and approve how these funds will be utilized. The County oversight was handled less formally in previous fiscal years; the City of South Miami's Final Adopted Budget was sent to the Board of County Commissioners for ratification. However, for the upcoming fiscal year, the Miami - Dade County Department of Environmental Resources Management (DERM) wishes to follow the customary review procedure. Accordingly, the City of South Miami must submit a proposed Stormwater User Fee Trust Fund budget to the Board of County Commissioners for review and approval. The City of South Miami is to then adopt the approved budget. Thirty thousand dollars ($30,000) within stormwater budget has been shifted to the maintenance and repair account. This is done to address the pressing need for drainage installations city -wide. This procedure still allows for flexibility. The City can subsequently propose changes to the approved budget before the Board of County Commissioners, if deemed necessary. It is therefore recommended that the City Commission approve the attached resolution. Attachments 1 RESOLUTION NO. t 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, PRESENTING A 6 PROPOSED STORMWATER USER FEE 7 TRUST FUND BUDGET FOR FISCAL YEAR 8 1998/99 TO THE BOARD OF COUNTY 9 COMMISSIONERS FOR REVIEW AND 10 APPROVAL. 11 12 WHEREAS, the City of South Miami is a member of the Miami -Dade 13 County Stormwater Utility, an agency created by the Board of County 14 Commissioners through Ordinance 91 -66 for the purpose of providing 15 uniform stormwater management throughout Miami -Dade County, and; 16 17 WHEREAS; per our Interlocal Agreement, the Board of County 18 Commissioners must approve the City of South Miami's proposed 19 Stormwater User Fee Trust Fund expenditure budget, and; 20 21 WHEREAS, the City of South Miami has a right to propose changes 22 to the approved budget during our budget review process, whereupon the 23 Board of County Commissioners would have to review and ratify any such 24 requested changes. 25 26 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 27 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The City Commission hereby presents the proposed 30 Stormwater User Fee Trust Fund expenditure budget for fiscal year 31 1998/99 (attached as Exhibit A) to the Board of County 32 Commissioners for review and approval. 33 34 35 PASSED AND ADOPTED this 9`h day of June, 1998. 36 37 APPROVED: 38 39 40 41 MAYOR 42 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY City of South Miami Public Works Department Proposed 1998 / 99 Budget Stormwater User Fee Trust Fund 111 - 1730 - 541.34 -50 Contractual. Services 1997 -98 Budget $50,000 1998 -99 Requested $50,000 Justification: $11,500 Maintenance of Broad Canal $6,500 Supplemental Maintenance of Brewer Canal $3,100 Care of Fuch's Park Lake $10,000 Canal Embankment Tree Trimming $10,000 Storm Drain Cleaning & Repair $1,800 NPDES Yearly Permit (DERM Fee) $1,000 NPDES Training / Seminars $6.100 Contingency/ Other $50,000 TOTAL 111 - 1730 - 541.46 -40 Maintenance and Repair of Streets &Parkways 1997 -98 Budget $50,000 . 1998 -99 Requested $80,000 Budget increase from account transfers listed below Justification: Various Storm Drain Installation Projects (specific projects to be identified from the Site Priority Ranking System list currently under development) 111 - 1730 - 541.63 -40 Capital Improvements 1997 -98 Budget $10,000 1998 -99 Requested $0 Justification: This account is redundant to the 111 - 1730 - 541.46 -40 account. Therefore, last year's budgeted amount is proposed to be combined into that account. 111 - 1730 - 541.91 -20 Street Sweeping Fund 1997 -98 Budget $60,000 1998 -99 Requested $40,000 Justification: 1997 -98 Budget 1998 -99 Request Annual budget transfer to General Fund to cover part of the salary for the Engineering Inspector ( NPDES Coordinator) and the Street Sweeping Crew (street sweeping is a NPDES requirement). $170,000 TOTAL $170,000 TOTAL EXHIBIT A CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: June 9, 1998 FROM: Charles D. Scurr SUBJECT: Agenda Item # - ; 4 City Mana 6 -9 -98 Commission Meetmg, REQUEST FOR PROPOSAL - ger 0 COMMERCIAL WASTE COLLECTION The attached resolution seeks authorization for the City Manager to issue Requests for Proposals (RFPs) for citiwide commercial waste collection service. As you are aware, the Public Works Department's Solid Waste Division presently provides these services in conjunction with the daily residential waste collection routes. While in the past this combined operation made financial sense from a revenue generation standpoint, the situation has changed over the past year. A substantial loss of accounts has resulted from the entry of low price competitors into the market. All indications are that the 25 percent drop in account revenues over the past two years is likely to continue and even accelerate. This continuing trend will take the operation to a point where its expenses will be higher than the revenues generated. The alternative to City provided service is using a private firm(s) to perform the collection. This is a common approach across local governments, mainly due to the number of competent firms in business, the high capital costs involved in the operation, and the financial benefits to be gained. Typically, franchise agreements are entered into which give one or several firms exclusive rights to operate within the city. In exchange for this privilege, the contracts usually provide for annual permit fees from the firm as well as payments to the city as a percentage of gross revenues generated by the firm. Some cities have opted to allow only one franchisee to operate. This requires that the municipality be involved in setting the collection fees charged to customers in order to ensure reasonable pricing. Rather than following this approach, the Administration is inclined to authorize two to three firms. This not only keeps the City out of the rate - setting process, but also promotes competitive pricing and offers a wider choice of vendors to commercial establishments. \continued... 0 MAYOR AND COMMISSION PAGE TWO JUNE 9, 1998 The following are the primary benefits to be derived by the City from outsourcing commercial waste collection: 1. Financial Cost Reduction The annual cost associated with waste disposal, purchase of metal dumpsters, vehicle maintenance /operation, etc. is eliminated. While this benefit is partly offset by the loss of service fee revenues, the positive financial impact (cost reduction versus lost revenue) is approximately $5,000 annually. Revenue Increase Using a 20 percent franchise fee (applied to the firms' gross revenues), the projected annual revenues to the City are estimated between $80,000 to $100,000. This does not take into account the revenue from the Shoppes at Sunset Place collection service. Based on the above, the positive financial benefit to the City is estimated to fall in the range of $90,000 to $100,000 annually. 2. Operational The collection crews that presently complete the commercial route during the first 11/2 hours of the shift can forego this part of their daily task and complete the residential route. The "freed up" time will be used to perform other useful assignments such as assisting the landscaping crew and completing much needed field tasks like repairing pot holes and crane holes, and assistance with tree trimming. This labor resource will also be instrumental in providing the manpower necessary to meet the increased service demands of the Sunset Drive area this Fall. 3. Improvement in Overall Cleanliness and Service Quality By reducing the number of private waste collectors from the 10 or so presently to two or three for the entire city, the quality control problems associated with early morning noise and littering of the waste container area during pickup will be more easily monitored and regulated. \continued... b MAYOR AND COMMISSION PAGE THREE JUNE 9, 1998 4. Organizational Commercial waste collection is a specialized, highly mechanized, and costly business. In most cities there is usually at least a half dozen qualified, experienced commercial "haulers ". Many of these firms have the expertise, operational capacity, and favorable cost structure (some even operate their own incinerators) to run an efficient operation. For these reasons, it makes little sense for municipalities (particularly small ones) to provide this type of waste collection/disposal service. Organizationally speaking it is best for the City to shift this management responsibility to qualified private firms. The attached RFP has been drafted using elements from other cities' franchise contracts, but adapted to suit our specific needs. The document is in the process of being finalized, and will include selection criteria to be used by a selection committee. If the notification and bidding process begins this month, it should be possible to start the franchisees' collection operations by October or at the latest November. Based on the above, it is recommended that the City Commission authorize the Administration to proceed. Attachments I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, AUTHORIZING THE CITY 6 MANAGER TO DISTRIBUTE A REQUEST FOR 7 PROPOSAL FOR COMMERCIAL WASTE 8 COLLECTION SERVICES ON A CITY WIDE 9 BASIS IN ORDER TO ESTABLISH FRANCHISE 10 AGREEMENTS WITH THREE FIRMS 11 COMMENCING AT THE START OF NEXT 12 FISCAL YEAR. 13 14 WHEREAS, the City's commercial waste collection operation is no 15 longer cost effective due to a substantial decline in customers, and; 16 17 WHEREAS, commercial waste collection in most municipalities are 18 performed by private firms through mutually beneficial franchise agreements; 19 and, 20 21 WHEREAS, the combined residential - commercial waste collection 22 operation of the Public Works Department makes it feasible to continue 23 providing residential collection service without effecting personnel 24 reductions; and, 25 26 WHEREAS, multiple benefits will accrue from privatization of 27 commercial waste collection, including increased revenues and a reduction in 28 cost. 29 30 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 31 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1. The City Manager release Requests for Proposal (RFP) 34 to interested waste collection firms. 35 36 Section 2. Responses to said RFPs will be evaluated by a City 37 committee which will recommend two to three firms to enter into 38 franchise agreements to provide commercial waste collection on a city - 39 wide basis. 40 41 Section 3. That this resolution be effective immediately after adoption 42 thereof. 43 44 P 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 PASSED AND ADOPTED this 9t' day of June, 1998. ATTEST: City Clerk READ AND APPROVED AS TO FORM City Attomey APPROVED: MAYOR �c s A -A CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Charles D. Scurr City Manager DATE: 06/02/98 via: Fernando Rodriguez Director of Public Works FROM: Orlando G. Martinez de Castr SUBJECT: Commercial Refuse Asst. Director of Public Works Collection Attached for your review is the preliminary "Request for Proposal" (RFP) for commercial solid waste collection which can be submitted to privately -owned refuse companies. To reiterate the position of our Department in recommending this change, I have prepared a brief analysis of the City's present commercial waste collection operations. PRESENT SERVICES The City currently provides commercial garbage pick -up as a part of its overall waste collection operations. Up until the end of the 1992 -1993 fiscal year, the commercial garbage collection was a separate route which operated five (5) days per week. Then, in the following fiscal year, the commercial routes were combined with the residential garbage routes for efficiency. The commercial garbage pick -up route now operates from 5:30 a.m. until 7:00 a.m., Monday through Friday. The residential garbage route operates every week day (except Wednesdays) commencing immediately after the commercial route is completed. REVENUES As previously explained in my memo dated 4/15/98, the number of the City's commercial accounts (i.e., 2 -cubic yard container customers) are steadily decreasing. The number of accounts is down 13.3% from last year. This is due to the more competitive prices offered by the private contractors. In order to better evaluate the revenue trend, I compared some key data from fiscal year 94/95 to our present projected operation. Accounts Revenue Private Vendors Vendors Permit Fees City's Expenses DRAFT 1994/1995 1997/1998 237 186 $194,880.00 $150,174.00 Four Seven $ 12,000.00 $ 21,000.00 $176,899.00 $154,820.00 Page Two Note: Even though the total revenue has dropped $35,706.00, or - 17.26 %, the actual customer account revenue loss was greater: $44,706.00, or -23 %. This means that increased vendor permit fees were collected, but customer revenues declined significantly. It should also be noted that he total expenses are presently lower because the refuse disposal fees have dropped due to the decline of garbage being collected (i.e., fewer customers). The following is a breakdown of the customer accounts and their respective revenue: 2 -yard containers Monthly Revenue Other small containers Monthly Revenue Thirty seven $9,694.33 One hundred forty nine $2,678.00 Our present customer mix clearly demonstrates that we are not as competitive as our privately - owned competitors in the "big ticket" item, the 2 -yard commercial containers. Another significant factor is that our competitors offer 2 -yard to 6 -yards containers, but do not service smaller containers. While the City does service smaller containers, our operation is not cost effective since we have to perform 149 stops to generate a monthly income of $2,678.00. CONCLUSION If the City- provided commercial refuse service is discontinued, the hours that the sanitation crew are presently devoting to commercial solid waste collection per week (i.e., the equivalent of 1.35 Full Time Employees) could be transferred to the residential garbage collection routes, yard trash collection, and other departmental tasks. While this resource will not provide the required annual absence coverage for collectors (as requested in next year's budget), the additional hours would greatly enhance field operations without incurring any additional departmental cost. It should also be pointed -out that commercial collection services for the City -owned properties and for special events (e.g., street fairs) would continue to be provided by Public Works crews. In order to evaluate the potential success for a RFP, I have calculated the total potential gross revenue a vendor could obtain from servicing all of the City's commercial accounts. In 1995/1996, and based on information supplied by the private contractors to our Finance Department, it estimated that the total amount of projected revenue for commercial services should be somewhere between $450,000.00 to $500,000.00. This figure did not take into consideration any increases, of customers in the last two years, or the new Shoppes of Sunset Place. DRAFT Page Three If our recommendation is approved to out- source our commercial service, it would provide the City with additional revenue, and at the same time provide a cost effective operation. To illustrate, using a conservative gross figure of $500,000.00, and assuming a 20% franchise fee, would provide the City $100,000.00 in revenue. The recommended twenty percent franchise fee is reasonable; for example, the City of Miami has been using the same percentage for their franchisees since March. Lastly, in addition the estimated $100,000.00 annual revenue generated from franchise fees, the City will no longer be incurring the expenses related to commercial garbage collection (disposal fees, fuel, etc.). If you need any further information please feel free to contact us at your earliest convenience. Cc: Hakeem Oshikoya, Director of Finance SOLID WASTE INDEX DRAFT ITEM # DESCRIPTION PAGE ARTICLE I - GENERAL INFORMATION 1 Liaison Between City and Contractor 2 2 Commencement of Work 2 3 Terms 2 4 Definition of Terms 2 -4 5 Conditions and Instructions to Bidder 5 -9 6 Special Conditions 10 ARTICLE II - SERVICES TO BE PERFORMED BY CONTRACTOR 7 Description of Work 11 8 Hours and Method of Service 11 9 Schedule and Routes 12 10 Collection Equipment 12 -13 ARTICLE III - QUALITY OF SERVICE 11 Contractor Personnel 14 -15 12 Contractor's Office 15 ARTICLE IV - FRANCHISE FEE DUE TO CITY AND RATES 13 Regulatory Fee Requirement; Monthly Fee Payment; 16 -17 Approval by Director as a Prerequisite to Issuance; Financial Statements; List of Accounts ARTICLE V - CONTRACTORS PERFORMANCE /PENALTIES /DEFAULTS 14 Contract Performance 18 15 Cooperation /Coordination 18 ARTICLE VI - ADMINISTRATION 16 Sub contractors 19 17 Bonds and Sureties 19 BID NO. ARTICLE I GENERAL INFORMATION DRAFT 1. LIAISON BETWEEN CITY AND CONTRACTOR All dealings, contracts, notice and payments between the Contractor and the City shall be directed by the Contractor to the City Manager or his designee. 2. COMMENCEMENT OF WORK The work outlined in these specifications shall commence immediately upon receipt of a Notice to Proceed, but no later than October 1, 1998. 3. TERMS 3.1 The term of the Contract shall be for two (2) years beginning as above and terminating September 30, 2000. 3.2 This Contract shall have an option to renew for two one (1) year terms unless either party shall give written notice of non - renewal at least sixty (60) days prior to the end of the initial two (2) year term. 4. DEFINITION OF TERMS 4.1 Authorized Representative: Shall mean the employee or employees designated in writing by the City Manager to represent the City in the administration and supervision of this Contract. 4.2 Bidder: Any person, firm, corporation, organization or agency that holds a City of South Miami Occupational License submitting a bid for the work proposed or his duly authorized representative. 4.3 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, non - liquid human tissue and body parts; laboratory and veterinary waste which contains human - disease - causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services BID NO: 2 DATE: CITY OF SOUTH MIAMI represent a significant risk of infection to persons outside the generating facility. 4.4 Biological Waste: Shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazards waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 4.5 City: City of South Miami, Florida or an Authorized Representative. 4.6 Contract or Agreement: The Contract executed by the Owner and the Contractor for the performance of the work. The Contract shall be substantially in the form provided in these specifications or by purchase order incorporating the provision of the Specifications. 4.7 Contractor or Vendor: The person, firm, corporation, organization or agency holding a City of South Miami Occupational License with whom the Owner has executed a contract for performance of the work or supply of equipment or materials or his duly authorized representative. 4.8 Garbage: Every refuse accumulation of animal, fruit, vegetable, or organic matter that attends the preparation, use, cooking and dealing in, or storage of, meats, fish, fowl, fruit or vegetables, and decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ carrying insects. 4.9 Garbage Can or Container: A container made of galvanized metal, durable plastic on other suitable material of a capacity not less than ten gallons and not to exceed thirty gallons approved for use by the City Manager or his designee. Such container shall have two handles upon the sides thereof, or a bail by which dirt may be lifted, and shall have a tight fitting solid top. 4.10 Hazardous Waste: Shall mean solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. 4.11 Industrial Wastes: Shall mean any and all debris and waste products generated by manufacturing, food processing (except restaurants), land clearing, any commercial shrubbery or tree cuttings, building construction or alteration (except do- it- yourself projects) and public works type construction projects whether performed by a government unit or by contract. Industrial wastes are not included in the scope of this contract. 4.12 Infectious Waste: Shall mean those wastes which may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. 4.13 Loose Refuse: Any refuse, either garbage or trash stored in and collected from any type of container other than a mechanical container or garbage can. Refuse which is collected from the ground is considered loose refuse. 4.14 Mechanical Container: Shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader /packer type of garbage truck used by the Contractor. 4.15 Performance Bond: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. 4.16 Recyclable Materials: Shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. 4.17 Refuse: Shall mean both rubbish and garbage or a combination or mixture of rubbish and garbage, including paper, glass, metal and other discarded matter, excluding recyclable materials. 4.18 Refuse Regulations• Shall herein refer to regulations prescribed by the City together with such administrative rules, regulations and procedures as may be established .for the purpose of carrying out or making effective the provision of this contract. BID NO: 4 DATE: CITY OF SOUTH MIAMI DRAFT 4.19 Solid Waste: Includes refuse, yard trash, clean debris, white goods, special waste, refuse, or other discarded material. 4.20 Special Waste: Shall mean solid wastes that can require special handling and management, including, but not limited to, asbestos, whole tires, used tires, used oil, lead -acid batteries, and biological wastes. 4.21 Specifications: Directions, provisions and requirements contained in the Invitation to Bid, Instructions to Bidders, Special Provisions, General Conditions, Technical Specifications (if any), Supplementary Conditions (if any) , Bid Form, Bonds (if any) , together with any written contract made or to be made setting out or relating to the methods and manner for the work to be carried out. 5. CITY OF SOUTH MIAMI GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS 5.1 The Bidder must hold a City of South Miami Occupational License to be qualified to submit a bid. 5.2 BID SUBMISSION The Bid Form shall be deemed an offer which may be accepted by the City of South Miami within the time prescribed in the Invitation to Bid. Bid forms are furnished in triplicate. Original and one copy of proposal shall be submitted to the City Manager properly signed in ink and submitted in a sealed envelope on which shall be shown the name of the bidder, bid opening date, and name and bid number of the proposal. Bidder shall submit original and one copy, retaining one copy of the proposal. Each page of items submitted should be properly identified as to name of bidder. By submitting a bid proposal, the bidder declares that he understands and agrees that this bid proposal, specifications, provisions, terms and conditions of same, shall become a valid contract between the City of South Miami and the undersigned upon notice of award of contract in writing and /or issuance of Purchase Order by the City of South Miami. 5.3 ABNORMAL QUANTITIES While it is not anticipated, should any unusual or abnormal quantity requirements arise, the City reserves the right to solicit separate bids thereon. BID NO: 5 DATE: CITY OF SOUTH MIAMI DRAFT 5.4 ACCEPTANCE OR REJECTION OF BIDS The City of South Miami reserves the right to reject any and all bids, to waive technical defects, and to accept or reject any part of any bid as the best interest of the City of South Miami may require. S.S ASSIGNMENT The successful bidder(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City. 5.6 AWARD CHALLENGE All costs accruing from a bid or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. All bid challenges are to be in writing and filed with the City Manager. The City Manager will notify challenger of the cost and time necessary for a written reply to the challenger. S.7 BID WITHDRAWAL No proposal can be withdrawn after it is filed unless the bidder makes his request in writing to the City prior to the time set for the opening of bids, or unless the City fails to accept it within sixty (60) days after the date fixed for opening bids or unless otherwise indicated on the proposal. 5.8 BIDDER CERTIFICATION Submission of a signed proposal is bidder's certification that the bidder will accept any awards made to him as a result of said submission at the prices and terms contained therein. 5.9 BIDDER RESPONSIBILITY Before submitting his proposal each bidder shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Before submitting his proposal each bidder shall make all investigations and examinations necessary to verify any representations made by the City that the bidder will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful bidder from his obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any BID NO: 6 DATE: CITY OF SOUTH MIAMI DRAFT claim whatsoever for any monetary consideration on the part of the contractor. 5.10 DEFAULT Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby for where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list }. 5.11 EXCEPTIONS TO SPECIFICATIONS Bidders taking exception to any part or section of these specifications shall indicate such exceptions on their proposal. Failure to indicate any exceptions shall be interpreted as the bidder's intent to fully comply with the specifications as written. 5.12 EXPENSES INCURRED IN PREPARING PROPOSAL The City accepts no responsibility for any expenses incurred in the proposal, preparation, and presentation, such expenses to be borne exclusively by the bidders. 5.13 INFRINGEMENT OF PATENT RIGHTS It shall be understood and agreed that by the submission of a proposal, the bidder, if awarded a contract, shall save harmless and fully indemnify the City and any of its officers or agents from any and all damages that may, at any time, be imposed or claimed for infringement of any patent right, trademark, or copyright, of any person or persons, association, or corporation, as the result of the use of such articles by the City, or any of its officers, agents, or employees, and of which articles the contractor is not the patentee, assignee, licensee, or owner, or lawfully entitled to sell same. 5.14 LATE BID REJECTION The City of South Miami or the City Manager is not responsible for the delivery of any bid proposal. All bid proposals received by the Purchasing Agent after the time stated in the Invitation to Bid, shall be returned unopened and will not be considered for award. 5.15 LAWS AND REGULATIONS It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. 5.16 LIABILITY BID NO 7 DATE: CITY OF SOUTH MIAMI DRAFT Successful bidder will not be held responsible for failure to complete contract due to causes beyond its control including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences making performance impossible or illegal. 5.17 METHOD OF AWARD The City of South Miami reserves the right to make the award on a total or package basis or on a unit basis, whichever is deemed in the best interests of the City. 5.18 NO BID - REMOVAL FROM BID LISTS IF NOT SUBMITTING A BID, RESPOND BY RETURNING THE PROPOSAL FORM, MARKING IT "NO BID", AND EXPLAIN THE REASON. REPEATED FAILURE TO QUOTE WITHOUT SUFFICIENT JUSTIFICATION SHALL BE CAUSE FOR REMOVAL OF THE BIDDER'S NAME FROM THE BID MAILING LIST. NOTE: TO QUALIFY AS A RESPONDENT, BIDDER MUST SUBMIT A REPLY NO LATER THAN THE STATED BID OPENING DATE AND HOUR. 5.19 PERFORMANCE BOND The security furnished by the Contractor as a guaranty that the Contractor will execute the work in accordance with the terms of the Contract. The performance bond shall be in the amount of 25% of the bid award. 5.20 PERMITS LICENSES OCCUPATIONAL LICENSES The Contractor shall procure all permits and licenses as required, however, there will be no charge for a construction permit as issued by the City. 5.21 PRINCIPALS /COLLUSION By submission of this bid, the undersigned, as bidder, does declare that the only person or persons interested in this bid as principal or principals is /or, are named therein and that no person other than therein mentioned has any interest in this bid or in the contract to be entered into; that this bid is made without connection with any person, company or parties making a bid; and that it is in all respects fair and in good faith without collusion or fraud. 5.22 QUALIFICATION OF BIDDERS Each bidder must have or be eligible for a City of South Miami Occupational License before the award of any contract. 5.23 RELATION OF CITY It is the intent of the parties hereto that the successful bidder shall be legally ,considered as an independent BID NO 8 DATE: CITY OF SOUTH MIAMI contractor and that neither he nor his employees shall, under any circumstances, be considered servants or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said successful bidder, his servants or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 5.24 TAXES The City of South Miami is exempt from Federal Excise and State of Florida Sales Tax. State Sales Tax and Use Tax Certificate Number is 04- 00031- 08 -23. 5.25 TERM CONTRACTS If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by the successful bidder on thirty (30) days prior written notice. 5.26 TERMS All terms, conditions, and provisions of the contract must be strictly observed in addition to the general conditions herein described. 5.27 ADDITIONAL INFORMATION Questions regarding these specifications must be in writing and submitted to: Office of the City Manager 6130 Sunset Drive Miami, Florida 33143 Telephone - (305) 663 -6339 Should any questions or responses require revisions to the specifications as originally published, such revisions will be by formal amendment only. 6. SPECIAL CONDITIONS 6.1 "PUBLIC ENTITY CRIMES" Any person submitting a bid or proposal in response to this invitation must execute the enclosed form SWORN STATEMENT UNDER SECTION 2 8 7.13 3 (3) (a) , FLORIDA STATUTES ON PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with his BID NO: 9 DATE: CITY OF SOUTH MIAMI DRAFT bid or proposal. If you are submitting a bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copies of the form are executed by them and are included with your bid or proposal. Corrections to the form will not be allowed after the bid or proposal opening time and date. Failure to complete this form in every detail and submit it with your bid or proposal will result in immediate disqualification of your bid or proposal. BID NO: 10 DATE: CITY OF SOUTH MIAMI DRAFT ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR 7. DESCRIPTION OF WORK 7.1 The Contractor shall provide commercial and residential solid waste collection services within the city limits of South Miami. 7.2 The Contractor shall provide, at his own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 7.3 Protection of Adjacent Property and Utilities: The Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The Contractor shall_ take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the owner any breakage or damage caused by its operation. 7.4 Spillage: The Contractor shall not litter or cause any spillage to occur upon the premises or the rights -of -way wherein the collection shall occur. The Contractor may refuse to collect any solid waste that has.not been placed in a dumpster, as provided herein. During hauling, all solid waste shall be contained, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 8. HOURS AND METHOD OF SERVICE 8.1 Collection shall begin no earlier than 6:00 A.M. Collection shall cease no later than 7:00 o' clock P.M. In the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the City Manager, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusive presumed that the Contractor had not obtained such approval. 8.2 The Contractor shall make collections with a minimum of noise and disturbance to the residents. Any garbage or trash' spilled by the Contractor shall be picked up immediately by the Contractor 9. SCHEDULES AND ROUTES 9.1 The City reserves the right to deny Contractor's vehicles access to certain streets, alleys and public way inside the City in route to the disposal site where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closure less than eight (8) hours in duration. The City shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and City. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Such notification, material, methods and frequency of delivery shall be approved by the City. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. 9.2 Storm. In case of a storm, the City Manager or his designee may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the Contractor shall advise the City Manager and the customer of the estimated time required before regular schedules and routes can be resumed. 9.3 Force Maieure: The performance of any act by the City or Contractor hereunder may be delayed or suspended at.any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war,. rebellion, 'strikes, lockouts or any other cause beyond the reasonable control of such party, provided, however, that if the condition of force majeure exceeds a period of thirty (30) days the City may at its option and discretion, cancel or renegotiate this contract. 10. COLLECTION EQUIPMENT 10.1 The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform its BID NO: DATE: contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. All equipment shall be 12 CITY OF SOUTH MIAMI t' � kept in good repair, appearance, and in a sanitary and clean condition at all times. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the City at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the City. BID NO: 13 DATE: CITY OF SOUTH MIAMI DRAFT ARTICLE III QUALITY OF SERVICE 11. CONTRACTOR'S PERSONNEL 11.1 Contractor's officer(s): The Contractor shall assign a qualified person or persons to be in charge of the operations within the service area. The Contractor shall give the names of these person(s) to the City. Information regarding the person's • experience and qualifications shall also be furnished. Supervisory personnel must be available for consultation with the City Manager and /or customers within a reasonable, practicable time after notification of a request for such consultation. The supervisors) shall operate a vehicle which is radio equipped. 11.2 Conduct of Employees: The Contractor shall see to it that his employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property of neighboring premises unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property including cans, carts, racks, trees, shrubs, flowers and other plants. 11.3 Employee Uniform Regulations• The Contractor's solid waste collection employees shall wear a uniform or shirt bearing the company's name. The Contractor shall furnish to each employee an identifying badge, not less than two and one -half (2 -1/2) inches in diameter, with numbers.and letters at least one (1) inch high, uniform in type. Employees shall be required to wear such badges while on duty. Lettering stitched on or identifying patches permanently attached to uniform shirts and jackets will be acceptable. The Contractor shall keep a record of employees names and numbers assigned. 11.4 Comnliance with State Federal and Municipal Law: The Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. 11.5 Fair Labor Standards Act: The Contractor is hereby agrees by execution of this Contract, employees not less than the Federal minimum abide by -other requirements_ as established by BID NO: 14 DATE: CITY OF SOUTH MIAMI required and to pay all wage and to the Congress DRAFT of the United States in the Fair Labor Standard Act as amended and changed from time to time. 11.6 Other Employee Benefits:. Amount of vacation leave, sick leave, holiday pay leave, other fringe benefits, shelter and accommodations for work and related matters shall be as submitted with the Contractor's bid documents. Conditions of employment shall be published and conspicuously posted so all employees may be informed. The Contractor shall furnish reasonable uniforms, rain gear and safety equipment. 11.7 Each vehicle operator shall, at all times, carry a valid driver's license for the type of vehicle that is being driven. 11.8 The Contractor; shall provide operating and safety training for all personnel. 11.9 No person shall be denied employment by the Contractor for reasons for race, sex, national origin, creed, age, physical handicap, or religion. 12. CONTRACTOR'S OFFICE 12.1 The Contractor shall provide, at his expense, a suitable office located within or in close proximity to Dade County where telephone complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other special or emergency complaints or calls. 12.2 Notification to Customers: The Contractor shall notify all customers, in writing, about complaint procedures, rates and regulations. A copy of said procedures and any updates to these shall be provided to the City of South Miami. BID NO: 15 DATE: CITY OF SOUTH MIAMI DRAFT 13. Regulatory Director as of accounts. ARTICLE IV FRANCHISE FEE DUE TO CITY AND RATES fee requirement; monthly fee payment; approval by a prerequisite to issuance; financial statement, list 13.1 No person shall engage in t disposing of garbage, trash, c the city or transport garbage public rights -of -way of the secured a regulatory permit persons shall be required to from the city in order to enga collection and disposal from of -way or property in the ci addition to the occupational city. The term "gross rece chapter is defined to mean th Le business of removing or waste from any premises in trash or waste through the city without first having for such activities. All obtain a regulatory permit 1e in commercial solid waste 5Lny streets, public rights :y. This fee shall be in >ermit tax ordinance of the pts" for purposes of this : entire amount of the fees collectea ny the permitees, exclusive of state sales taxes provided by Taw from any person within the city for garbage, hazardous, industrial, biomedical, biological or solid waste; construction and demolition debris, trash, litter refuse and/or rubbish collection, removal and disposal. 13.2 Effective October 1, 1998 all city - permitted commercial solid waste haulers will be required to pay to the city a regulatory permit fee of 20% percent of the permittee's total gross monthly receipts. The permittee shall, on or before the last day of each month, deliver to the city Finance Department a true and correct statement of gross receipts generated during the previous month from its services rendered within the city on or before the last day of each month. Payments of said fee shall be made on a monthly basis to the city Finance Department, on or before the last day of each month, representing gross receipts collected the previous month. The permittee shall on or before 30 days following the close of each fiscal year deliver to the director a statement of its annual gross receipts generated from accounts within the city prepared by an independent certified public accountant reflecting gross receipts within the city for the preceding fiscal year. The permittees will allow city auditors, during regular business hours after reasonable notice, to audit, inspect and examine the permittee's fiscal books and records and tax returns, insofar as they relate to city accounts, to confirm the permittees' compliance with this section. In the event the permittee fails to pay the full franchise fee percentage of the BID NO: 16 DATE: CITY OF SOUTH MIAMI DRAFT permittee's total monthly gross receipts, the fee shall bear interest at the rate of one percent per month on the outstanding balance until paid and additionally the permitte shall have to pay all expenses of collection, including court costs and reasonable attorneys fee 13.3 The Director is authorized to suspend, revoke, or cancel any such permit for failure to comply with any of the terms hereof, in accordance with the same practice and procedures. Should the Director deny an application for a permit, the applicant shall be notified of such denial by certified mail not later than 14 days after the Director takes such action. The notice of denial shall contain a statement of the reasons why the application was denied and the permittee shall be afforded five business days to cure the noncompliance stated in such notice. 13.4 Any decision of the Director under the terms of this section may be reviewed, upon written request of the aggrieved permittee made to the City Manager. The notice of appeal shall be filed in writing with the Director no later than 14 days after the receipt of the certified letter advising the applicant of the denial or revocation. The Director shall fix the date and time for hearing the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The City Manager or his designee shall either affirm the decision of the director or direct the director to issue or reinstate the permit. ARTICLE V CONTRACT PERFORMANCE /PENALTIES /DEFAULT 14. CONTRACT PERFORMANCE 14.1 The Contractor's performance of this Contract shall be supervised by the City Manager or his designee. If at any time during the life of the Contract, performance is considered unsatisfactory to the City Manager or his designee, the Contractor shall increase the force, tools and equipment as needed to properly perform this Contract. The failure of the City Manager or his designee to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified by this Contract. 14.2 The Contractor shall furnish the City Manager or his authorized representative with every reasonable opportunity for ascertaining whether or not the work, as performed, is in accordance with the requirements of the Contract. 14.3 The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall admit authorized representatives of the City to make such inspections at any reasonable time and place. 14.4 The failure of the City at any time to require performance by the Contractor of any provision thereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 15. COOPERATION /COORDINATION 15.1 The City and its authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work, equipment and facilities of Contractor. 15.2 The Contractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this Contract. He shall have at all times a competent and reliable English speaking representative on duty authorized to receive orders and to act for him in the case.of his absence. BID NO : 18 DATE: CITY OF SOUTH MIAMI DRAFT 6 ARTICLE VI 16. SUBCONTRACTORS Subcontractors will not be permitted under the terms of this Contract. 17. BONDS AND SURETIES 17.1 Bid Security: Each bid must be accompanied by a cashier's check, certified check or bid bond in the form attached to these specifications payable to the City of South Miami in the amount of $10,000.00. Bid security will be forfeited if the successful Bidder fails to execute a contract with the City substantially in the form attached hereto within fifteen (15) days after notification of award of the Contract. The City shall within ten (10) days after the opening of the bids, return the bid securities of all Bidders except those posted by the three lowest responsive Bidders, whose bid securities will be returned upon the final award and execution of the Contract between the successful Bidder and the City, and after proof of insurance and /or a Performance Bond as specified herein has been received by the City. 17.2 Performance Bond: The Contractor shall furnish a Performance Bond in the form attached to these specifications as security for the performance of this Contract with the City of ,South Miami. Said performance bond will be twenty -five percent (25%) of the estimated annual revenue derived from the Contract as calculated at award and adjusted yearly on the anniversary date of this contract, to remain in force for the duration of this Contract. Premium for the bond described above shall be paid by the Contractor. This bond shall be written in a surety company licensed to do business in the State of Florida. 17.3 Requirements as to Surety:. The Surety of Sureties shall be a company or companies satisfactory to the City. Any surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein. The requirements of Florida resident agent may be waived by the City if evidence satisfactory to the City is provided that applicable requirements have been met to permit service of process on a State official under State law. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: June 9, 1998 Agenda Item # ;Jr From: Charles D. Scurr 7 Re: Comm. Mtg. 06/09/98 City Manager Community Service Overlay REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE IN ORDER TO INCLUDE THOSE PROPERTIES LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On February 18, 1997, the Community Service Overlay District was created by the Mayor & City Commission, after input from the community, in order to provide for the special needs of community -based service providers. Specifically, the district was created to permit parking lot improvements, outparcel development, day care center facilities and building additions for those properties under the sole ownership of community -based service providers, such as churches, mosques, synagogues, and temples. On April 13, 1998, Pastor Emanuel Whipple of Mount Nebo Missionary Baptist Church submitted a letter to the Planning & Zoning Department, requesting the City's review of development plans for the church's property. The development plans included properties which the church had purchased on February 2, 1998, from Miami -Dade County in order to provide an educational facility for at -risk students. The properties are not in the Community Service Overlay District and are currently zoned single family residential. The single family residential zoning district does not permit the church's proposed use. The proposed ordinance would amend the Community Service Overlay District to include the subject properties, allowing the subject properties to be developed pursuant to Section 20 -9 of the Land Development Code. As a result, the City of South Miami Youth Academy could be located on the subject properties pursuant to special use approval and all other applicable code requirements. City Manager's Report: Community Services Overlay Ordinance RECOMMENDATION: Approval to begin the Public Hearing process. Attachments: Proposed Ordinance Exhibit A Exhibit B County Deed Letter from Pastor Emanuel Whipple, dated April 1, 1998 City Manager's Report: Community Services Overlay Ordinance 2 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in July of 1994, the community gathered together to set forth a plan for the Charrette Too Study Area; and, WHEREAS, the existing semi - public, community -based service provider facilities, such as churches, mosques, synagogues and temples, were addressed in the Charrette Too Study as follows: Public buildings are instrumental in creating civic pride. The public buildings of the community (and their grounds) should be welcoming, confident, and well- maintained. The architectural design and siting needs to reflect their permanence and importance to the community.... Civic building sites should be permanently designated, not considered "non- conforming uses." For example, churches should be treated by the regulations as permanent public institutions. and; WHEREAS, on February 18, 1997, the Mayor and City Commission voted to create a Community Service Overlay District in order to permit parking lots, out parcels, day care centers and additions on those properties under the sole ownership of community -based service providers, such as churches, mosques, synagogues or temples; and, WHEREAS, on February 2, 1998, Mount Nebo Church, a community -based service provider, attained additional properties within the Charrette Too Study Area and "RS -4," "Single Family Residential" zoning district from Miami -Dade County, which are legally described as follows: East 50 feet of West 200 feet of North 105.50 feet of East % of Northwest % of Southeast % Less Streets, Section 25- 54 -40, Dade County, Florida; and, East 50 feet of West 150 feet of North 105.50 feet of East % of Community Services Overlay Ordinance: 1s` Reading June 9, 1998 1 Northwest % of Southeast % Less Streets, Section 25- 54 -40, Dade County, Florida; and, East 50 feet of West 100 feet of North 105_50 feet of East'% of Northwest % of Southeast % Less Streets, Section 25- 54 -40, Dade County, Florida; and, West 50 feet of North 105.50 feet of East lz of Northwest % of Southeast % Less Streets, Section 25- 54 -40, Dade County, Florida; and, WHEREAS, Mount Nebo Church attained said properties in order to provide additional community- oriented services to the community; and, WHEREAS, the Mayor and City Commission find that it is in the public interest to include said properties in the Community Service Overlay District in order to allow Mount Nebo Church to provide additional services to the surrounding community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -9.3, entitled "Boundaries," is amended to include the subject properties, as set forth in "Exhibit A," which is attached hereto. Section 2. Figure 20 -9.1 is amended to include the subject properties, as depicted in "Exhibit B," which is attached hereto. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. In the event of any conflict between this ordinance and prior ordinances or resolutions, this ordinance shall govern. Section 5. This ordinance shall take effect immediately at the time of its passage. Community Services Overlay Ordinance: 1St Reading June 9, 1998 2 PASSED AND ADOPTED this 21" day of July, 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY c:\ ••• \ ldc \ C2- Overlay -Ord Amendment.doc Community Services Overlay Ordinance: 16' Reading June 9, 1998 3 Exhibit A 20 -9.3 Boundaries The properties in the Community Service [CS] overlay zoning district are indicated as darkened areas in Figure 20 -9.1 (see attached) and are legally described as follows: Lots 7, 8 and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded in Plat Book 13 at Page 2 of the Public Records of Dade County, Florida; and, Lots 31, 32 and 33 of Block 5, Lots 34, 35 and 36 of Block 6, and the alley lying between Lots 34 and 35, Lot 40, less the west 15 feet thereof, Lots 41, 42, 43, 44, 45 and 46 of Block 7, and 4 feet of the alley lying south and adjacent to Lot 46, Lots 70 and 71 of Block 12, and Lot 87 of Block 15 and 7% feet of the alley lying west and adjacent to Lot 87, less roadway dedications, FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 35 of the Public Records of Dade County, Florida; and, Lots 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 25, and 26, RE- SUBDIVISION OF TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 4 at Page I of the Public Records of Dade County, Florida; and, Lots 12, 13 and 14 of Block 2, TOWNSITE OF LARKINS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County, Florida; and, the North '/_� of Lot 5, Lots 6, 7, 8, 9, 10, 11, 12 and 13 of Block 2, and Lot 4 of Block 4, less roadway dedications, AMENDED PLAT OF HAMLET, according to the plat thereof, as recorded in Plat Book 4 at Page 48 of the Public Records of Dade County, Florida; and, East 50 feet of West 200 feet of Ififf III--- Bowl ■ ■i II 11 In- milt : REC l t COUNTY DEED THIS DEED, made this 2nd day of County ,Florida (Wa Metropolitan Dade County, of Florida, called "COUNTY" and DESTINY HUMAN S.W. 64 Street, South Miami, Florida 33134, hereinafter WITNESS : That the COUNTY for and in considi ($10.00), to it in hand paid by the DEVELOPER, receipt granted, bargained and sold to the DEVELOPER, its heirs reentry set forward below, the land lying and being in See Exhibit "A" Legai Description This Deed conveys only the interests of Dade County and the property described herein, and not warrant title thereto 1 . This Conveyance is made subject to the land, and setting forth the right of reentry , A. Developer will commence work on "Improvements "), as outlined and herein, and complete such i Kv 1 98RC *8734 1998 FEB 02 15:50 Y , 1998, by 4Miami- Dade a political subdivision of the State i WICES CORPc)RATION , of 6075 [led "DEVEL01''ER ". Lion of the sum clf TEN DOLLARS 'which is hereby-' acknowledged has ad its assigns, si �ject to the right of County, Florida. WX*STPDt E 0.00 SURTX 0.00 HARVEY PUYINY CLERK DADE COUNTY. FL .ttached Hereto' i i Board of Coun,.p Cornmisioners in ring covenants running with the i wit: i e Project Impro! ements (the cribed in Schedule "A "attached mts in accordance with Schedule f M ort 1 . Promptly after completion of Improvements in accordance with approved plans and provisions of tj is Instrument, tht County shall furnish the Developer an appropriate ins rument certi Eying to the satisfactory completion of the Improvements. Such certificatic, shall be in a form recordable in the Office of the Clerk of the Circuit Cclurt of Dade County, i Florida. The Developer agrees for itself, it successors and ;assigns, to or of the i Property or any part thereof, that 1he Developer and such successors or assigns shall: Not discriminate upon the asis of race, color, religion, sex or i national origin in the sale, lei ise or rental or in the use or occupancy of the property or any Im movements erect�d or to be erected hereon or on any part thereo and this covenant shall be binding to the fullest extent permitted by law and equity, i'or the benefit and in favor of, and enforceable by he County, its sd Ccessors and assigns, i and any successor in interes to the property, or any part thereof. The County shall have the Ti ght in the event t�£ any breach of any such covenants, to exercise all the rights attd remedies; and to maintain any actions or proceedings to enforce the which it or any other entitled. N at law or in egpity or other proper string of such bt`�,ach of covenant, to �ficiaries of such covenant may be REC. (y D. The Developer (or Successor in assessments on the property or any not suffer any levy or mechanic's lien, or any except: a) Any mortgage(s) in fav, purpose of financing any construction of the the value of the b) Any mortgage(s) in favor any mortgage of the amount(s) not to exceed determined by an appraiser. est), shall pay t ie real estate taxes or in thereof when due. Developer shall S t to be made,,, or any material or :ed encumbrantl or lien to attach, of any institu� nal lender for the rd costs or soft costs relating to the nents in an amp �funt s not to exceed I s as determined I y an appraiser; and r F any institution; I lender refinancing r described in clt use (a) hereof; in an } ,he value of ti Improvements as C) The recordation, together w th any mortgage', purporting to meet the requirements of clauses () or (b) above, of�a statement of value by a Member of American Institute of Re' Estate Appraisers ('MAP), (or member of an e similar or sucrlessor organization), stating the value of the Imp vements is egdil to or greater than the amount of such mort age(s), shall ciLstitute conclusive evidence that such mortgage tneets such rcquil�memts, and that the right of any reentry and shall not defeat, render i such mortgage. For 3 shall be subje4,� to and limited by, slid, or limit in , y way, the lien of of this naragrt.�h an "institutional R c'.1 796591 lender " shall mean insurance company, estate or mortgage Federal National States Government or E. Developer shall not transfer the consent of the County and shall bank, savings l and loan association, idation or othO charitable entity, real vestment trust.! pension funds, the ge Association; agency of the United i aer governmental agency. •operty or any {part thereof without change the ownership or distribution of the stock of the Developer or w respect to the Identity of the parties in control of the Developer or the d gree thereof. In the event the Developer shall violate or otherwise fail tj comply with arv'( of the covenants set forth herein or Schedule `A" attached herein, the default/violation within thirty (30) days of Developer fails to remedy the default within thirty (30) c reenter and take possession of the property and to termin, conveyed by this Deed to the Developer, provided, that a subjected to and limited by, and shall not defeat, render any valid mortgage or Deed or Trust permitted by this De -4- eveloper shall 'correct or cure the of the default by the County. if +s, the County shall have the right to (and revest in t le County) the estate such right to re,ntry shall always be valid, or limit it' any way the lien of Off.. 1 WPM PM REC. WITNESS WHEREOF, the said County has cause name by its Board of County Commissioners acting tl aforesaid. •� •Ga;e�i�i;�3 /.. a, O 'e J ATTEST: • "'�� Harvey Ruvin, Clerk of Circuit Court By: Clerk Signature By: evil —a-L -e -6 4 j oY+"o Deputy Clerk Printed Signature Stephen. P. Clark Center 111 N.W. 1 st Street, Suite 210 Miami, Florida 33128 Dade Co= By its Boar i A these presents o be executed in its f Trough the Mays r, the day and year f Florida >f County Com : r :�ssioners Mayor off Fos Printed Sign ure of Mayor Stephen P. CI irk Center I 1 I N. W. 1st Street, 17th Floo; Miami. Floric a 33128 Prepared by: Sidney Beckom Dade County Office of Community and Economic Development 140 West Flagler Street, Suite 1100 Miami, Florida 33130 4 qFf, REC. 7965�c 1 665 ACKNOWLEDGMENT OF TRUSTEE, ADMINISTRATOR, EXEI UTOR GUARDIAN OR ANY PERSC N ACTING IN A REPRESENTATIVE C kPACITY STATE OF FLORIDA j COUNTY OF DADE �I The foregoing instnunent was acknowledged b6or, me this R9 e by aI eogC..j el -q �-t �- Ott. who is pet 'tonally known to me or who has produced as id ratification and who , i did (did not) take an oath. Signs of Person Tilting icknowledgment - Name - Print or Tvved Lt+ C f Title or Rank Serial Num 7 I WITNESS, my hand and official seal, this �o da of A.D., 19 Clk- Mary Public, State Flori Ot Large F. GULD RAND t Printed Signature of Notary i riSrkt F Gvi. D My Commission expires jc"rATEOF ..v rYfM 6 i i I. Off. tiEC. Schedule "A" I. PARKING LI II. EDUCATION AND SENIOR Parking Lot A parking lot shall be developed in accordance w Construction Regulations. Construction of irq drainage, lighting and fencing shall begin within and be completed within six (6) months from the The, parking lot shall be developed on the EUW 11-1 Lots Lots 66 and 67, in Block 11, FRAI Plat Book 5, at Page 20, Dade County, Florida. Folio No. 09- 4025 -010.0660 Parcel 11 -2. Lot 68, in Block 1 I and 7.50 feet R -92 -1515, FRANKLIN SUBDIVISION, as County. Florida. Folio No. 09- 4025 -010 -0670 Parcel 14-11 -01, Lot 69, Block 12 and 7.50 feet j Per R -92 -1515, FRANKLIN SUBDIVISION, as Dade County, Florida. Folio No.,09- 4025 -010-0680 - 6051 S.W. 64 S1 II. Educational and Senior Citizen Facilities The Educational Facility will offer such programs Program, a Youth Alternative Program for at -ri from local schools, but would like to continue counseling. The Senior Citizen Program will provide daily hot etc. The design and construction of the facilities shall from date of this Deed and W completed within construction. The improvements shall be upon the Page 1 of 2 Schedule "A" Impn 'I i iI i i I(( ZEN FACIIXII�ES the City of Soui6 Miami Building and vements consisi 6g of asphalt paving, ee (3) months f (*(om date of this Deed rt of constructio h. described propgly: IN SUBDM6 N, as recorded in i i Lying West ani� Adjacent Closed Per ,ed in Plat Book �5, at Page 20, Dade ey, Lying East Wild Adjacent Closed corded in Plat &�k 5, at Page 20, i w ,I ra child cart, 0,i iAfter- School Tutorial C students who have been suspended academic studio, as well as receive i Heals, recreationl� activities, adult care, i s begin within twi.nty -four (24) months tiny -six (36) tn666 from the start of Following propeimj -. cents °E`. REC. 1796591 T Exhibit "A" Eamel I IA Lots 66 and 67, in Block 11, FRANKLIN SUBDIVISIO] 20, Dade County, Florida. Folio No. 094025 -010 40650 6001 S.W. 64 Stmet 1. as recorded in Plat Book 5, at Page i I BMI 11-2 Lot 68, in Block 11 and 7.50 feet Alley, Lying West and a Ijacent Closed Pi r R -92 -1515, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Page 20, Dade County, Florida. Folio No. 094025- 010 -0670 l Page 2 of 2 Legal Descriptions - E "A„ OFF• REC. 17965PO1 Exhibit "A' Legal Description East 50 feet of West 200 feet o f North 105.50 feet of Ease Southeast 'A Less Streets, Section 25 -54-40, Dade County Folio No. 094425- 000 -0790 6048 S.W. 64 Street East 50 feet of West 150 feet of North 105.50 feet of East Southeast % Less Streets, Section 25.54 -40, Dace County Folio No. 09- 4025 - 000 -0720 East 50 feet of West 100 feet of North 105.50 feet of East Southeast 'A, Section 25- 54-44, Dade County, Florida Folio No. 09 -4025- 000 -0900 West 50 feet of North 105.50 feet of East % of N Section 25- 54-40, Dade County, Florida Folio No.. 09 -4025- 000 -0700 6096 S.W. 64 street Lot 64, in Block 12 and 7.50 feet Alley, Lying East and a+ FRANKLIN SUBDIVISION, as recorded in Plat Book 5 Folio 094025 -010-0690 6051 S.W. 64 Street Page 1 of 2 Legal Descriptions - E J i i of Northwest j/ of Northwest 1/4 of Florida. �i I, 'h of Northwest 4 G of Northwest 1/4 of Florida I i I of Northwest is of Northwest 1/s of i V4 of Northwest �4 of Southeast i/, I I I I ;ent Closed Pal R -92 -1515, Page 20, Da&'County, Florida. Schedule "A' - Improvements Page 2 art. I T9651C I AEC. East 50 feet of West 200 feet of North 105.30 feet Northwest 44 of Southeast'/i, Less Streets, Section Folio No. 09- 4023 - 000.0790 East 50 feet of West 150 feet of North 105.50 feet l' Northwest y4 of Southeast y, Less Street, Section 9 Folio No. 09- 4025 - 000-0720 East 50 feet of west 100 feet of North 105.50 fcet Northwest 'A of Southeast V4, Section 25- 34-40, D Folio No. 094025- 000 -0900 West 50 fact of North 105.50 feet of East K of Nc Southeast 4, Section 25.54 -40, Dade County, Floc Folio No. 09- 4025 - 000 -0700 In the event that construction has not started 4 Facilities prior to, or within twenty -four (24) mot developer may erect temporary facilities to adrru duration of use of said facilities shall be in accords pursuant to City of South Miami regulations. or of permanent improvements have been secured, v following paragraph below. If. after 7 years from the date of this County Education and Senior Citizen Improvements reserves the right to reenter and take posses developed in accordance with this County Deed. Page 2off 2 Scheme owl B= East's of Nort�west' /a of 1- 54 -50, Dade County, Florida. East % of Northwest y of 54.40, Dace 6unty, Florida. East % of Noti6west' /, of County, Flori !la. '/s, of M thwest' /s of the Educatiod� and Senior Citizen from date of this County Deed, the ter programs described herein. The with the legaAy allowed time period tit adequate f tiding for construction .hexer comes first, but subject to the I. The Parkiiig Lot and permanent not been cOmpeted, the County of the propehy that has not been oF WOE COUNTY, ROROI. RECORD VERIFIED HARVEY RllVIN . , rRK riPrirACOUF?r AOL IV`eo Aewarp eoa� crra� AN&AFE3314 Maw W-Jena Fiat 68"483 70 TOI A1W A LXTTENnON DE nwiwwmom; /%L% n i /- ..%n iI FACStMt i, E COVER SHEET i Q +o 0 1►A !i i iNMp.o.� posrar�r w. COAVAEN= L._ i I� �i ' I 1 I i Mt. Nebo Missionary Baptist Church 6075 S.W. 64th Street South Miami, FL 33143 April 1, 1998 Mr. Gregory J. Oravec, Planner City of South Miami 6130 Sunset Drive South Miami, FL 33143 Telephone 667 -3696 Fax 666 -2483 Dear Mr. Oravec, Attached you will find a Schedule of the plans that we have in regards to the proposed use of the land that is now vacant that is located South and East of the Mt. Nebo Missionary Baptist Church, located at 6075 S.W. 64th Street. If you have any questions regarding this matter, please call me at 667 -3696. Sincerely, �4 q.;,J- Emanuel Whipple Pastor /CEO IMPROVEMENTS I. PARKING LOT II. EDUCATION AND SENIOR CITIZENS FACILITIES I. Parking Lot A parking lot shall be developed in accordance with the City of South Miami Building and Constructions Regulations. Construction of improvements consisting of asphalt paving, drainage, lighting, and fencing. The parking lot shall be developed on the following described property: Parcel 11 -1, Lots 66 and 67, in Block 11, FRANKLIN SUBDIVISION, as recorded in. Plat Book 5, at Page 20, Dade County, Florida. Folio No. 09- 4025 -010 -0660 Parcel 11 -2, Lot 68, in Block 11 and 7.50 feet Alley, Lying West and Adjacent Closed Per R -92 -1515, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Page 20, Dade County, Florida. Folio No. 094025- 010 -0670 Parcel 14- 11 -01, Lot 69, Block 12 and 7.50 feet Alley, Lying East and Adjacent Closed Per R- 92 -1515, FRANKLIN SUBDIVISION, as recorded in Plat Book 5, at Page 20, Dade County Florida. Folio No. 09- 4025 -010 -0680 - 6051 S.W. 64th Street II. Educational and Senior Citizen Facilities The Educational Facility will be and expansion of the child care services that are presently rendered at 6075 S.W. 64th Street, an After- School Tutorial Program, a Youth Alternative Program for at -risk students who have been suspended from local schools but would like to continue their academic studies as well as receive counseling. The Senior Citizen Program will provide hot meals, recreational activities, adult care, etc. The Educational and Senior Citizen Facilities will be a temporary facility consisting of modules to admuiister the programs until adequate funding for construction of permanent improvements have been secured . The educational and senior citizen facility shall be developed on the following property: Parcel 21:3 East 50 feet of West 200 feet of North 105.50 feet East 1/2 of the Northwest 1/4 of Northwest 1 /4of Southeast 1/4, Less Streets Section 25 54 -50, Dade County, Florida. Folio No. 09 -4025- 000 -0790 Parcel 21 -4 East 50 feet of West 150 feet of North 105.50 feet of East 1/2 of Northwest 1/4 of Northwest 1/4 of Southeast, 1/4 Less Street, Section 25 54-40, Dade Countym Florida. Folio No. 09- 4025 -000 -0720. Parcel 21 -5 East 50 Feet of West 100 feet of North 105.50 feet East 1/2 of Northwest 1/4, of Northwest 1/4, of Southeast 1/4, Section 25- 54-40, Dade County, Florida. Folio No. 094025- 000 -0900. Parcel 21 -6 West 50 feet of North 105.50 feet of East 1/2, of Northwest 1/4 of Southeast 1/4, Section 25- 5440, Dade County, Florida. Folio No. 09- 4025 -0700 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 6/5/98 AGENDA ITEM #_24_ FROM: Charles D. Scurr Comm. Mtg. 6/9/98 Interim City Manager COMMUNITY RELATIONS BOARD Mayor Robaina sponsored the attached ordinance, which is on for first reading with second reading and public hearing scheduled for July 21, 1998. This Ordinance amends Section 2 -26.6 of the Code of Ordinances. It addresses the composition, appointments and terms, quorum and duties of the Community Relations Board. I ORDINANCE NO. 2 3 A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMMUNITY 5 RELATIONS BOARD; AMENDING SECTION 2 -26.6 OF THE CODE OF 6 ORDINANCES; PROVIDING FOR MEMBERSHIP; TERM OF OFFICE; 7 DUTIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN 8 CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 11 WHEREAS, Section 2 -26.6 of the City Code of Ordinances 12 creates the Community Relations Board. 13 14 NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 15 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 16 17 Section 1. Section 2 -26.6 of the City Code of Ordinances 18 is hereby amended to read. 19 20 (a) Created; There is hereby created a community relations 21 board for the city. Said board shall consist of ten 22 members. The members shall be diverse religious, and 23 ethnic. These individuals shall be selected because of 24 their leadership role in their own groups. 25 26 (b) Appointment and terms of members. Members of said 27 board shall be appointed by the Mayor with the advice 28 and consent of the city commission and shall serve 29 until March 1, 2000. Appointees shall thereafter 30 serve for a period of two years or until their 31 successor is appointed, whichever comes later. 32 33 34 (c) Chairman and vice - chairman. The members shall meet 35 promptly and select a chairman and vice - chairman by a 36 majority vote of the board. 37 38 (d) Quorum. A quorum for meeting of the board shall be a 39 majority of the members of the board. 40 41 42 (e) Duties. The duties of the board shall be as follows: 43 (1) Meet at least three (3) months. 44 (2) To foster mutual understanding, tolerance and 45 respect among all economic, social, religious and 46 ethnic groups in the city. 47 (3) To make studies in the field of human relations. 48 (4) To attempt to act as concilator in controversies 49 involving community relations. 50 (5) To co- operate with Federal, State, County and City 51 agencies in developing harmonious community 52 relations. 53 (6) To co- operate in the development of educational 54 programs dedicated to the improvement of community 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 relations with and to enlist the support of civic leaders; civic, religious, veterans, labor industrial, commercial and eleemosynary groups; and private agencies engaged in the inculcation of ideals of tolerance, mutual respect and understanding. (7) To make studies, and to have studies made, in the field of community relations, and to prepare and disseminate reports of such studies. (8) To recommend the City Commission such ordinances as will aid in carrying out the purposes of this ordinance. (9) To submit an annual report to the Manager and City Commission. (10) To accept grants and donations in behalf of the City from foundations and others for the purpose of carrying out the above listed functions, subject to approval by the City Commission. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of this remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of ATTEST: APPROVED: CITY CLERK lst Reading - 2nd Reading - READ AND APPROVED AS TO FORM: CITY ATTORNEY v: • COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Russell: Commissioner Bethel: , 1998. 2-'26.6 (e) The duties of the board shall be as follows: (1) Meet at least once every three (3) months. (2) Study and determine the anticipated needs for public im. provement and recommend a viable program for meeting those needs; recommend a capital improvement budget based upon the estimated cost of public improvements; rec- ommend ways and means of financing such public improve - ments and the objective priority for their provisions; utilize the comprehensive land use plan information in analyzing land use, population trends, economic pressure and general development potential in terms of the financial capital of the city in making public improvement projects. T There shall be a commission liaison to the board. (Ord. No. 1293, §§ 1 -6, 9- 15 -87; Ord. No. 1424, §§ 1, 2, 6 -6 -89; Ord. No. 1446, §§ 1 -6, 3 -8.90) Sec. 2 -26.6. Community relations board. (a) Created; composition. There is hereby created a community relations board for the city. Said board shall consist of five (5) members. (b) Appointment and terms of members. Members of said board shall be appointed by the mayor with the advice and consent of the city commission and shall serve until March 1. 1984. Ap- pointees shall thereafter serve for a period of two (2) years or until their successor is appointed. whichever comes later. (c) Chairman and vice- chairman. The members shall meet promptly and select a chairman and vice - chairman by a majority vote of the board. (d) Quorum. A quorum for meeting of the board shall be three - fifths of the members of the board. (e) Duties. The duties of the bnard shall be as follows: (1) ;Meet at least once every three (3) months. (2) Studv and determine any areas of the city which are blighted or in danger of becoming blighted and ascertain causes and nature of same. Supp. No. 46 2 0.2 § 2.26.6 -kDMINNISTRATIONN AND CITY GOVERNMENT § 2.26.7 (3) Study the need and advisability for urban renewal pro- grams and redevelopment of blighted areas together with the need and advisability of federal funding. (4) Formulate a program to ensure decent housing is avail - able on a basis of full equality to all residents of the city. (5) Consider any and all subject matters germaine to the con- tinuing harmonious community relationship that exists in our city. (Ord. No. 1136, § § 1 -5, 4- 20 -82) Editor's note —At the editor's discretion, 4§ 1 -5 of Ord. No. 1136, adopted April 20, 1982, have been codified as hereinabove set out in § 2.26.4. Said provisions did not specifically amend the Code. Sec. 2.26.7. Commercial development board. (a) There is hereby created a commercial development board of the City of South Miami, Florida. Said board shall consist of ten (10) members. (b) Initial members of said board shall be appointed by the mayor with the advice and consent of the city commission and shall serve until March 1, 1991. Subsequent appointees shall there- after serve for a period of two (2) years or until their successor is appointed. (c) Members shall select a chairperson and vice chairperson by a majority vote of the board. (d) A quorum for meetings of the board shall be seven (7) mem. bers of the board, and all action shall require a majority vote of those members in attendance. (e) The duties of the board shall be as follows: (1) Shall meet at least once every three (3) months. (2) Promote the interest of the city so as to stimulate new business and improve existing business conditions. (3) Work in an advisory capacity with the planning board and the city commission in interpreting the needs of the com- munity and the best way in which to meet them. Supp. No. 46 20.3 P13 h 1 THE CWTING ORDIKANCE On June 11, 1963, the Board of C fluty Coi-an i ssioners of Dade County enacted Ordinance No. 63-•22 - providing for the establ.isr =nt of the Cony* mLmi,ty Relations Board as an advisory aun of the Me =politan government. One week later the members; of the Board were appointed. -The County Com- missioners specifically cl=ged the Board with 'the fol N1V,%- ,ng f=ctlons ! 1. "To fdster, nutual understanding; toler. ace and respect among all economic, social, -religious and'ethnic groups in the County," 2. "To make studies in the field of bL-,.an relations,,, ' In order to Garry out these functions, the Board i. -as z� ,;.tionally charged , with seven duties and res>>onsibilities: 1. "To attempt to act as conciliator in con,_, -= ersies . involving comunity relations." . 2. "To cc - ouerate with Federal, State MIu Ci -1%,- agencies 5n ' devel,aping harmonious co zty relations." 3. "To co= operate in the deveic;-_e:at of ear l ational programs dedicated to the iroroz ement of c ad..: itv relations, with, and to enlist the s ,a: — of," civic leaders; civic, religious, veterans, labor, industrial commerci!a and eleemosynary groups; and pritrate agencies engaged In the inculcation of ideals of tolerance, mutual respect Kind understanding," 4. "To make studies, and to have studied mde, in the field of com=Uty relations, and to prepare and disseminate reports of such studies." 5. To _ recommend to the Manager and the Board of County Com-: missione'rs such ordinances as will aid Ln camring out the .purposes of this ordinance." 4 r G. 'To submit an annual report to the Mananer and ' the toard' of County Commissioners." 7. "To accept grants and donations in behalf of the County front foundations and others for the purpose of carryings out the above listed functions, subject to approval by the County Commission." The role of the Board is advi.sory'IrvoItntary. and persuasive. All its accomplishments have been :achieved within these limitations. The Board by its very creation during'• a paAad of calm set a precedent which is seldom found in the Southern Uhi.ta -d States. It still shows.a recognition by the political, economic, and ToOli.gious leadership of the coi-miunity that the problems of intergroup relations are not to be ignored during periods of calm, but should be of continuing community concern. The very composition of the Board is notmiorthy in that members of very diverse religious, ethnic, and racial' groups serve on the Board. These individuals are selected because of their leadership role.: *in their olai groups: This is not the type of multi.- racial comet ttee found in many southern commmiti.es, where the members are selected because they are obligated to majority grow ps . Shortly after its fo=tion, the Board modified and adopted the original statements of the County's religious leaders as its cti,}n credo in the form of a proclamation: 11ti`e7 the Community Relations Board, accept as our basis of pri=iple, the'general statement of the . religious leaders of the Commmmity. 'We believe as the common basis of our faith in ' .the Brotherhood of God, that all men are equal. 'Ile believe each child of God of every race, creed, color and national origin, has individual worth, and must be treated justly,. idth equal opportuflit}t to enjoy his rightful place in God's world. "ire believe the command to loveall, others as onefs self allows rto exception. "We believe, as Americans, that all men are equal . under the law. ' MEFORE, IVE PRO=1M as inalienable every man's right to equllity without discrimination of any kdnd in: - Anployment . 5 f� 1 _ _ r `a Education Housing Hospitals Labor Unions Job Training Recreation ' Worship Pubiic Accon=clations ro Political. Organizations " IVE PROCJ.QNJ that racial prejudice, discrimination and'segxegation are a violation of justice and an affront to t1le. dignity of man. trMEREFORE, We, the Community Relations Bard, pledge ourselves, on the basis cf the a.fbiestated principles, 1:o do all in our power to eliminate e ' the evils of segregation in our Cor.u�ity, and seek every means to guarantee the rights of evezy man, xeer dl.ess off: race, ethnicity, sex or creed." . . gar • e