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08-18-98
0 u r MAYOR: Julio Robaina CITY MANAGER: Charles D. Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY: Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: August 18, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: September 1, 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 WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami. Ordinance No. 6 -86 -1252 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: Special City Commission Minutes - August 3, 1998 Regular City Commission Minutes - August 4, 1998 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA — August 18, 1998 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HEALTH FACILITIES AUTHORITY; APPOINTING DIANNE WRIGHT AND ELIZABETH CLAVIJO TO SERVE FOR FOUR YEAR TERMS ENDING AUGUST 18, 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $23,003.20 TO WEBSTER'S TEAM SPORTS, FOR PURCHASING FOOTBALL EQUIPMENT AND UNIFORMS, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000 -5630 "FOOTBALL." (Administration /Parks & Rec.) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,937.50 TO TROPICAL TENTS, FOR THE TENT RENTAL AT MURRAY PARK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001- 0000 - 131.1420 "CDBG CONSTRUCTION GRANT." (Administration /Parks & Rec.) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,900.00 TO THE GUNTER GROUP, INC., TO SURVEY THE PROPERTY AT FUCHS PARK AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001.2100.519.9925, "FUCHS PARK GRANT MATCHING FUND" (Administration /Parks & Rec.) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO RECLASSIFY AND AMEND THE PAY RANGE FOR THE DIRECTOR OF PLANNING AND ZONING IN THE PAY PLAN. (Administration) 3/5 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $3,323 FOR THE ANNUAL MAINTENANCE OF THE BROADCASTING EQUIPMENT, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 2100 - 519.9920, CONTINGENCY. (Administration) 3/5 REGULAR CITY COMMISSION 2 AGENDA - August 18, 1998 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT EXTENDING THE TIME ALLOCATED FOR EXPENDITURE OF FY 1997 COMMUNITY DEVELOPMENT GRANT FUNDS AWARDED TO DEFRAY CERTAIN CONSTRUCTION COST RELATED TO THE MULTIPURPOSE CENTER. (Administration /Office of Dev.) 3/5 ORDINANCE(S) SECOND READING PUBLIC HEARING (S) 11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING AND RENUMBERING SECTION 11 -2, COLLECTION BY THE CITY; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; RESERVING TO THE CITY THE POWER TO REVOKE FRANCHISES; PROVIDING FOR NON - TRANSFERABILITY OF FRANCHISE, LIMITATION OF CONTRACT, APPLICATION PROCEDURE, FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, CITY MANAGER TO PROMULGATE REGULATIONS, SCHEDULES AND ROUTES, AND TERMINATION; REPEALING SECTION 11 -1, DEFINITIONS, AND SECTION 11 -3, PERMIT REQUIRED FOR COLLECTION, TRANSPORT AND DISPOSAL; RETAINING SECTION 11 -2, COLLECTION BY THE CITY; RENUMBERING SECTIONS 11 -4 THROUGH 11 -11; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (1st Reading - August 4, 1998) (Administration /Public Works) 3/5 RESOLUTION (S) PUBLIC HEARING (S) There are none RESOLUTION (S) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY RELATIONS BOARD; APPOINTING ROBERT GERALD MELIA, JR., RODOLFO L. PAGES, PINKY SANDS, LARRY LIGAMMARI, KATHY MCCANN, KAREN ZELLER, MARK A. HEBERT, LUIS FOSSE AND DAVID WALKER; TERMS SHALL EXPIRE MARCH 1, 2000 OF UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 REGULAR CITY COMMISSION 3 AGENDA - August 18, 1998 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO RETIREMENT SYSTEM; DIRECTING THE CITY MANAGER TO INITIATE A COST COMPARATIVE STUDY BETWEEN THE CITY'S RETIREMENT SYSTEM AND THE FLORIDA STATE RETIREMENT SYSTEM. (Vice Mayor Oliveros) 3/5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION OF 600 EAGLE "CK" PARKING METER MECHANISMS FROM DUNCAN INDUSTRIES AUTHORIZING THE DISBURSEMENT FOR THE ACQUISITION TO BE TEMPORARILY CHARGED TO ACCOUNT NUMBER 001 - 0000 - 155.0000, TITLED PREPAID EXPENSES FOR 1998/99 FISCAL YEAR BUDGET AND APPROVING THE PAYMENT TO BE TRANSFERRED TO ACCOUNT NUMBER 300 -2100 - 519.6435 TITLED "CAPITAL PROJECT FUND PARKING METER ACQUISITION" IN THE 1998/99 FISCAL YEAR BUDGET. (Administration) 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPLICATION BY BAKERY ASSOCIATES, LTD., TO MODIFY THE SCHEDULE SHUTTLE SERVICE PROVISION SET FORTH IN RESOLUTION 133 -94 -9534; PROVIDING FOR FINDINGS OF FACT, CONCLUSION OF LAW, AND AN ORDER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Administration) 3/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT CONTRACT, AUTHORIZING THE CITY ADMINISTRATION TO EXTEND A CONTRACT WITH DON DELANEY, DBA SDI, INC., ON A RETAINER BASIS, UNDER TERMS APPROVED BY RESOLUTION NO. 30 -97- 10001, FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY REDEVELOPMENT AGENCY (CRA) PROGRAM IMPLEMENTATION, TAX INCREMENT FINANCING, GRANT WRITING AND LOBBYING SERVICES RELATED TO CRA, AND OTHER ACTIVITIES RELATED TO THE CITY OF SOUTH MIAMI CRA AT A MONTHLY RETAINER FEE OF $9,600 PER MONTH BEGINNING SEPTEMBER 1998. THE EXPENDITURE WILL BE PAID FROM ACCOUNT NO. 001- 0000 -132 -15.00 "CRA PREPAID EXPENSES." ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING REGULAR CITY COMMISSION 4 AGENDA - August 18, 1998 PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION ". PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION rJ AGENDA - August 18, 1998 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 8/14/98 AGENDA ITEM # q FROM: Charles D. Scurr Comm. Mtg. 8/18/98 City Manager Appointments to the Health Facilities Authority The attached resolution is sponsored by Mayor Julio Robaina and appoints members as well as provides for term of office to the Health Facilities Authority. Section 954.207, Florida Statutes authorizes the City to create a public body to insure that the people of the City have access to adequate medical care and health facilities. By Ordinance No. 11-95-1584, the City Commission determined that, for the benefit of the people of the City, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions it is essential that the people of the City have access to adequate medical care and health facilities and that it is essential that health facilities be provided with appropriate additional means to assist in the development, improvement and maintenance of the public health. A Health Facilities Authority would provide additional means to assist in the development and maintenance of the City's health facilities. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE HEALTH FACILITIES AUTHORITY; APPOINTING DIANNE WRIGHT AND ELIZABETH CLAVIJO TO SERVE FOR FOUR YEAR TERMS ENDING AUGUST 181 2002 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; WHEREAS, the city Commission desires to appoint Dianne Wright and Elizabeth Clavijo to serve on the Health Facilities Authority until August 18, 2002 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 Diane Wright and Elizabeth Clavijo to serve on the Health Facilities Authority. Section 2. The expiration date of those appointments shall expire August 18, 2002 or until successors are duly appointed and qualified. Section 3. 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 APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: FROM : DGLJT- i gl,t PHONE HO. : 375 6519 354 Hug. 04 199e 10: 21PM P2 irr CITY OF SOUTH AM MI 6130 Sunsst Drive South Miami, FL 33143 Ph (305) 663 -6340 Pax (345) 663 -6348 CITY ZOARD /COMMITTEE APPLICATION 1. Nama 1A1,? A1- (pleasa print) 2 . HomeAddre4a_ 87 4AOm/~ 3 . Business ZV,'• Ln , L-i,i- 01-3t'" f 4. SUeiness Address &4./-7 .S. lr "X,'� .�1a�r'rwa. -► 73ox 107 5. Home Phone Z85e— %'2J/ Business Phone z 6. Educational Background 25�a - tea.«.:. =..- -� c✓�, T. cr 7. Community Services a. Are you a registered voter? Yes ` No 90 Are you a resident of the City? Yes A-, No 10. Da you have a business in the city? Yes M04-- Signature DFxts c'��i' REaON£0 WELL REMAX -Vi OY BILE FOR ONE FFAJQ .....__... FROM : DGWr i 9f,t PHONE NO. : 305 6619964 Hug. 04 1998 10:21PM P3 6619 S. Dixie Highway, Box .107 Miami, Florida 33143 305/568 -4929 HIGHLIGHTS OF QUALIFICATIONS • Over 17 years managing essential public service operations • Excellent problem- solving and administrative skills • Quick to establish rapport and trust in varied and stressful situations EXPERIIE;NCE & WORK HISTORY DGWr•ight Consultants, Inc. and Fitch & Associates, LLC - present GWriaht Consultants Inc. - professional management consulting specializing in governmental budgeting, benchmarlcing, and process review; facilitate strategic planning and organizational focus Fitcb_& Associates. LL . - Senior consultant with nation -wide pre- hospital medical transport and fire service consultants; perform organizational and financial reviews; work with entities striving for collaborative working arrangements Metropolitan Dade County - 1979 to 1997 Assistant Director, Fire Rescue Department 1987 to l9-97 - chief administrative and financial officer of complex 1200 plus employee organization; led continuous i txmprovement and labor and management teams in multi -year projects Division Chief. Public Works Delzartment. 1983 to 1987 - chief financial officer; change agent to foster professional financial management Budget Analyst Office of Management & Budget 1979 to 198'i - budget officer for eiglut to ten major goven nYent services Private Sector, College & University Employment - present and past in managing emergency medical services and change for analyzed and prepared bank site applications; seminar series uture rida_, 1979 - gathered ve staff person Assistant to Academic Dean Florida International University. 1975 1978 - executive staff person and supervisor InteriorDesian Consultant, Self-employed, Miami, Florida, 1971-1974 Page l of 24/ FROM : DGWrigh,t PHONE NO. : 305 6619964 Aug. 04 1995 10:22KI F4 _ DIANNE Q. WRIGHT EDUCATION Master of Public Administration, 1980 Florida International University, Miami, Florida Bachelor of Science, Environmental Technology, 1975 Florida International University, Miami, Florida Bachelor of Science, Housing & interior Design, 1971 Florida State University, Tallahassee, Florida PROFESSIONAL ASSOCIATIONS, 'TRAINING & CERTIFICATIONS Professional Associations - Government Finance Officers Association •American and Florida Ambulance Associations • Healthcare Financial Management Association Specialized Training &. Certifications • U.S. National Fire Academy, Executive Management Program, 1996, 199'7 • State of Florida, Emergency Medical Technician (EMT), current license • American Ambulance Association, Ambulance Manager Certification, 1993 • Advanced Government Finance Institute, Government Finance Officers Association, University of Wisconsin, 1988 • Financial Management for Transit, University of Indiana, 1983 COMMUNITY SER'V'ICE POSITIONS Planning Advisory & EnvironmentaI Review Board Member - 1990 to 1994 City of South Miami President, American Society for Public Administration - 1985 to 1986 S. Florida Chapter Board Member, YWCA of Greater Miami - 1985 -1957 Committee Member, United Way Services of Dade County - 1985 Page 2 of 2 $14198 %a v CITY OF SOU727 MIAMI 6130 Sunset Drive South Miami, FL 33143 Ph (305) 663 -6340 Fax (305) 663 -6348 CITY BOARD /COMMITTEE APPLICATION (please print) -� 2. Home Address `;(O �i ` w 3. Business C_\ Q V w)(- 4. Business Address 5. Home Phone i --05) G.i;,�-���� Business Phone-(27D 1 O9 6. Educational Backaround 7. Community Services _ 8. Are you a registered voter? Yes V/ No 9. Are you a resident of the city? Yeses NO lo. Do you have a business in the city? Yes No ✓/ signatures y `_ ✓ ( �� ��� r Date `l R=17J 8S VZZZ AMU N ON FIZZ FOR GVZ YEAR n'00- ' wk CITY OF SOUTH MIAMI FROM: Charles D. 0 Scurr 64 f" , City Manager > DATE: August 11, 1998 SUBJECT: Agenda# 4r- Commission Meeting August 18, 1998 Football Equipment/ Uniforms The attached resolution seeks approval to disburse $23,003.20 from account number 2000-5630, 'Football"'. to Webster's Team Sports for all football equipment and apparel. The current balance in the account is $23,500.00. The City of South Miami seeks to "piggy" back off a bid (#H-56-98), from the City of Pompano Beach Parks & Recreation Department for football. The City of South Miami experienced considerable delay with shipping of uniforms last year. Webster"s is a reliable and reputable sporting goods family business, serving South Florida for over 50 years. Webster"s in- house inventory surpasses the majority of all local sporting goods companies. Webster's is committed to provide the City of South Miami with quality merchandise and equipment at considerable discounts. Attached, please find two (2) other bids at a higher cost. The Parks & Recreation Department has vowed to keep a "check & balance" system of inventory for all our equipment and uniforms. Bernard Hannah, Recreation Supervisor has been assigned the responsibility of overseeing this task. He welcomes the opportunity to do so. Mr. Hannah will be scheduled at Palmer Park on a full time basis. All Football equipment will be monitored and kept at Palmer Park. I recommend approval. 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 $23,003.20 TO WEBSTER'S TEAM SPORTS, FOR PURCHASING FOOTBALL EQUIPMENT AND UNIFORMS, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2000-5630, "FOOTBALL". WHEREAS, Article 111, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000.00; and WHEREAS, The City of South Miami Parks & Recreation Department will "piggy" back off the City of Pompano Beach Parks & Recreation bid number H-56-98; and WHEREAS, Problems with delivery of merchandise and distribution occurred last year due to shipping; and WHEREAS, Webster's is a reliable and reputable sporting goods family business serving South Florida over 50 years; and WHEREAS, Webster's in -house inventory surpasses the majority of all local sporting goods companies; and WHEREAS, Webster's will provide for considerable discount on shoes and coaches uniforms; and WHEREAS, Webster's is the lowest of the thr-ee-(3) bids received. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. The City Manager is hereby authorized to disburse the sum of $23,003.20 from account number 2000-5630, "Football". Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of August, 1998. CITY CLERK • ili�:2, CITY ATTORNEY Football equipment & uniforms 98 F� Bidder Naive City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C, Pompano Beach, FL 33060 -or- Post Office Drawer 1300, Pompano Beach, FL 33061 1311) H -34 -97 -- FOOTBALL EQUIPMENT April 23, 1997 The City of Pompano Beach is currently soliciting bids for the purchase of football equipment for the Parks and Recreation Department. Bids will be received until 2:00 p.m. (local), May 19, 1997 in the Purchasing office at 1190 North East 3rd Avenue, Building C, Pompano Beach, Florida. These bids will then be publicly opened at the above time and date in the presence of City officials. Bid openings are open to the public. All bidders and/or their represenWives are invited to be present. Once opened, the bids will be tabulated, evaluated, and presented to the appropriate City officials for contract award. There are three (3) sections in this bid: Specifications /Special Conditions, General Conditions, and Proposal. Please read all sections thoroughly. Complete the bid in accordance with the instructions and return, all numbered pages, initialed at the bottom of each page, when you submit your bid package. Failure to do so may result-in the rejection of your bid. If you need any additional information regarding this bid, please contact Leeta Hardin, Purchasing Supervisor, at (954) 786 -4098. I The intent of this bid is to purchase various equipment items for the youth football program administered by the Parks an, d Recreation Department. All items included in this bid are required to be delivered no later than July 7, 1997. B. QuantWr Specified quantities of each item required are stated in this bid solicitation. Bidders are to indicate if they will honer the prices bid for additional purchases of the specified equipment. No warranty or guarantee;is given or implied that the City will purchase quantities other than those stated in this solicitation. Bid H -34-97 Pa0e 1 of 20 Initial C. IN E. W G. Bidder Name Award will be made to the lowest responsive, responsible bidder based on the Grand Total, or by item, as is in the best interest of the City. All prices bid shall be F.O.B. destination/delivered to the Parks and Recreation Department, 1801 ME. 6th Street, Pompano Beach, Florida, 33060. All items included in this bid are required to be delivered no later than July 7, 1997 to ensure the equipment is available for issue at the start of youth football practice. Bidders are to state the number of calendar days after receipt of an order required for delivery. The City seeks a source of supply which will provide accurate and timely delivery. Delivery schedules must be adhered to by the awarded bidder. If, in the opinion of the General Services Director, the successful bidder(s) fail at any time to meet the requirements herein, including the delivery requirements, then the contract may be cancelled upon written notice. See Section II - General Conditions, (6) "Delivery,,, and (10) "Default ", for additional information. The issuance of a written addendum is: the only official method whereby interpretation, clarification or additional information ban be given. If any addenda are issued to this Bid solicitation the City will attempt to notify all known prospective Bidders, however, it shall be the responsibility of each Bidder, prior to submitting their bid, to contact the City Purchasing Office at (954) 786 -4098 to determine if addenda were issued and to ruake such addenda a part of their Bid proposal. 1. Bid H -34 -97 General Bidders are requested to bid the stated brand, or equal. Any alternate product offered must be clearly identified, and all infonnation requested in the Proposal section must be furnished with!the bid prupusal. Tlxe City reserves the right to request samples and product information to verify equivalency. The specified brand and product number repi?esents a level of quality and features 'which are desired by the City. The City M11 be the sole judge of acceptable alternate brands and products. All alternates must be equal to or better than the item specified by the City in the bid specifications. Pace 2 of 20 Initial Bidder Name 2. Bid Items Helmet with face mask. Schutt model Air IV, #7780, or equal. Total quantity required 125 helmets. HELMET: White in color. Shell of ABS plastic (or, equal), pre - drilled for faceguard attachment. Air -loc adjustment valve (or equal). Single air liner. Air IV stabilizer system (or equal). Interchangeable saw tooth back. sizer. Interchangeable dual - density foam front sizer Nose Dumper to protect;bridge of nose. Universal snap -in jaw pads. Chin strap. FACE MASK: Gray in color. Two horizontal bars, no: center vertical bar. Helmet sizes: 25 each -- Small (6-1/8", 6 -1/2) 60 each -- Medium (6 -1 /2 - 7) 40 each -- Large (7 - 7 -1/2) Youth universal snap -in, jaw pad sets. Schutt Sports Group model 47743, or equal. Total quantity, required 100 sets. Vinyl - coated, firm foam, I". Size Medium quantity required: 50 sets. Size Large quantity required: 50 sets. Bid H-34 -97 Pag 3 of 20 �,_ Initial (c.) (d.) Bidder Name Football helmet chin strap. Adams Pro -100, BSN Sports model #FBCSIOOH, or equal. Quantity required 100 each. Chin straps with single straps. High hook up. Plastic padded chin cup, 08914104101 (1) Adult football shoulder pad designed for running backs, defensive backs and tight ends, BSN Sports model #SP -36 Viper, PSP36, or equal. Quantity riequjtEd 15 each. Super cushion foam core with breathable nylon mesh. Velcro wide track cantilever to secure pad in place minimizing detachment of pad from shell. Contour fit, Sizes required will be determined at time of order placement. (2) Adult football shoulder pad designed for offensive and defensive linemen, BSN Sports model 9SP -66 Hercules PP66, or equal. Quantity required 15 each. Pre - drilled shelf for neck rolls, back and sternum plates. Smooth epaulet design. Clavicle channel, Heavy duty .160 polyethane shell. Extended deltoid area. Super cushion foam core with closed -cell foam laminated over thick open -cell polyurethane foam. Dual form core thermowelded between two layers of 400 denier nylon. i Cantilever strap Velcro system, 2.75 ". Removable super cushion body. Elastic front snubbers to increase arm mobility when extended. Sizes required will be determined at time of order placement, Bid H -34 -97 Page 4 of 20 Initial Bid H -34 -97 Bidder Name (3) Youth football shoulder pad, BSN Sports model #SP -26 Hawk, PSP26200 (size small), or equal. Quantity required 20 each. i Open -cell foam on the inside, closed -cell outer foam. Velcro cantilever system. Removable cushion for cleaning and maintenance. Epoxy coated sting arch. Smooth epaulets.. Pre- drilled for neck roll. (4) Youth football shoulder pad, BSN Sports model #SP -26 Hawk, PSP26300 (size medium) or equal. Quantity required 25 each. Open-cell foam an the inside, closed -cell outer foam. Velcro cantilever system. Removable cushion for cleaning and maintenance. Epoxy coated string arch. Smooth epaulets. Pre - drilled for neck roll. (5) Youth football shoulder pad, BSN Sports model #SP -26 Hawk, PSP26400 (sizelarge), or equal. Quantity required 40 each. Open -cell foam ,on the inside, closed -cell outer foam. Velcro cantilever system, Removable cushion for cleaning and maintenance. Epoxy coated string arch. Smooth epaulets. Pre - drilled for neck roll (6) Youth football shoulder pad, BSN Sports model 9SP -26 Hawk, PSP26500 (size!extra large), or equal. Quantity required 40 each, Open -cell foam ion the inside, closed -cell outer foam. Velcro cantilever system:. Removable cuson for cleaning and maintenance. Epoxy coated spring arch. Smooth epaulets. Pre - drilled for neck roll. i I Pa�e 5 of 20 f Initial Bid H -34 -97 Bidder Name (e.) SHOULDER PAD SIBIAPPING Heavy duty elastic for dse with football shoulder pads. BSN Sports model #FBRE Z OO W, or equal.', Quantity required 7 rolls. 1" Wide heavy duty elastic. White in color. 25 Yard rolls.. Note: Bidders shall state length of roll of strapping offered. If necessary, Purchasing will perform the necessary arithmetic to compare bids, including conversion to: per yard. (f) "T" HOOKS Shoulder pad hardware.! BSN Sports model #FBTH100X, or equal. Quantity required 300 each. 1" Metal t -hook, non swivel. (g) "S" HOOKS (1) "S" Hooks 1" Shoulder pad hardware. BSN Sports model #FBMS 1 OOX, or equal. Quantity required 300 each. 1 " Metal slide hook. (2) "S" Hooks 1 -1 /2ys Shoulder pad hardware. BSN Sports model #FBMS 150X, or equal. Quantity;required 300 each. 1 -1/2" Metal slide hook. Page 6 of 20 Initial Bidder Name (h) HIP PAD SET Youth football hip pad set, BSN Sports model #P3301400, or equal. Quantity required 135 sets, 3 -Piece set. Vinyl- dipped pads. J.J. style. 1/2" Vinyl with slots. High rise. (i.) TAILBQNM PATS Youth tailbone (coccyx) pads. Vinyl- dipped foam. 1/2" Vinyl. Quantity required 100 each. Size small. KNEE PADS Football knee pad. BSN Sports model #1 P -17, P2003200, or equal. Quantity required 185 pairs. Vinyl- dipped foam. 7" song, 5 -1 /2" wide, 3%8" thick. Air cusluon construction. To be ordered in pairs. Football thigh pad. BSN Sports model #TP -2, P2100000, or equal. Quantity required 100 pairs. Vinyl- dipped foam. 9" Long, 6 -1/2" wide, 1'' thick. To be ordered in pairs. Bid H -34 -97 Pag� 7 of 20 initial .. ____...... I Bidder Name (1) M) _IURIF...S Football mouthpiece fir tooth protection. BSN Sports model #MSMOUT, or equal. Quantity required 700 each. Varsity mouthpieces. Custom fit with loop strap. Black in color. Must meet National High School Federation standards. Belt for use With football pant, BSN Sports model i#FB13LT1, or equal.. Quantity required 540 each. I" Wide belt, 46" long, Polypropylene web with heat - sealed ends. Nickel- plated D -rings. Double riveted. White in color. i (1) Football. Wilson model #TDY, F 1196, or equal. Quantity required 22 each. Youth -sized fou I I -14 year olds. Leather. Double laced. (2) Football. Wilson model ATDJ, F 1360, or equal. Quantity required 21 each. Junior-sized for 9 -12 year olds. Leather. Double laced. VPU bladder, (3) Football. Wilson model #Official K2 Pee Wee, F1382, or equal. Quantity required 10 each. Sized for children under 10 years. Leather. VPZ T bladder. Biel H -34 -97 Pa e 8 of 20 Initial .._...- ..- ._ Bid H -34 -97 Bidder Name (o.) KICK OE TEE Football kick off tee. B'SN Sports model #MSKICKOF, or equal. Quantity required 13 each. Official size. Molded rubber. 2" Kick off tee. (p.) FIELD YARD MARKERS Football sideline marker set. BSN Sports model #FBYDNL4RK, or equal. Quantity required 2 sets. Foam filled crushable sideline markers. Three sided, connects with Velcro for standing position, Bright orange marker with black number. 11 Pieces per set; two each with number 40, 30, 20, 10 and letter G; one each with number 50, Football down marker set. BSN Sports model #MSDBCCOL, or equal. Quantity required 2 sets. Fluorescent red/orange pumbers on black background. 6'4" bull's eye post. 10 Ward optic yellow chain. Padded orange pasts. Set includes two bull's Cye markers on posts, down numbers on post, chain. (r.) EQUIPMENT CART i Equipment field cart. OSN Sports model #FBFLDCRT, or equal. Quantity required 1 each. Constructed of 1 -114" steel tubing. Cart measures 21" wide; 36" long. 8" wheels (4 total); front wheels swivel. Handle to pull cart. Bidder Name ii `` s • ! ■ ai f $ J 1� .. fr_.. • �......_.. Football shoulder pad storage /transport rack. BSN Sports model #STSPRDBL, or equal.' Quantity required 3 each,. Constructed of 1" galvanized steel tubing. Fuck measures 24" wide, 54" long, b' high. Holds up to 100 shoulder pads. Rack mounted on 4 swivel casters. (t,) wm= Whistle. BSN Sports model #3059, or equal. Quantity required 74 each. Plastic. Cork bail. Split ring. Lanyard for use with whistle. BSN Sports model #MSLNYD. or equal.. Quantity required 74 each. 100% Nylon with clamp and srArivel. Black in color. (v) TRAINERS JAR . Adhesive tape. BSN Sports model 42190, or equal. Quantity required 6 cases. 1 -1 /2" Wide cotton tape with zinc oxide adhesive. Write in color, I5 Yard rolls. 32 Rolls per case. Note: Bidders shall state length of roll of tape offered, and number of rolls per case. If necessary, Purchasing will perform the necessary arithmetic to compare bids, including conversion to price per yard. Bid H -34 -97 Pag� 10 of 20 Initial SECTION IT - cEiNEPALCC►NDiTIi2I LF I. Submission and Receipt of Bids 1.1. Bidders must use the form fumishcd by the city. 1.2. Bids having any erasures or corrections must be initialed by the bidder in ink. Bid shall he typewritten or filled in with pen and ink. Manual signature must be in ink. 1.3. It will be the sole responsibility of the bidder to have their bid delivered to the Purchasing office before the closing hour and date shown for receipt of bids. 1.4. Bid envelopes arc provided with the bid forms. Your bid should be returned in the envelope (with the correct postage Affixed if the bid is mailed) and should show the following information: 1.4.1. Your return mailing address in the upper left -hand comer. 1.4.2. Bid Number - write or type the bid number than appears on the first page of the bid form on the line for it on the front of the envelope. 1.4.3. Bid Items - write or type the title of the bid on line "Scalcd bid for: 1.5. If not using the City- provided envelope to mail your bid, or if using a delivery service other than the U.S. Post Office, use the following address: City of Pompano Beach Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, FL 33060 (or) P.O. Box 1300 Pompano Beach, FL 33061 1.6. Late bids will not be considered and will be returned unopened. 13, Bids transmitted by facsimile will not be accepted. 2. Completion of Bid Forms Bidder is to fill in all of the blank spaces on the bid forms and return all numbered pages. Bidder should initial each page at the bottom to indicate he has read and understands the provisions contained on that page. 3. Signature Required All bids must show the company name and be signed by a company officer or employee who has the authority to bind the company or firm by their Bid H -34 -97 4. Bidder Naine signature. UNSIGNED BIDS WILL BE REJECTED. All manual signatures must be original - no rubber stamp, photocopy, etc, Prices to be Firm Biddcr certifies that prices, terms and conditions in the bid will be firm for acceptance for a period of ninety (90) days from the date of bid opening unless otherwise stated by the City. Rids may not be withdrawn before the expiration of ninety (90) days. Prices shall be firm, with no escalator clauses unless specified by the C2y. Bids may be withdrawn after ninety (90) days only upon written notification to the City. 5. Extensions 6, 7 8 PagO 11 of 20 If there is an error in extensions (mathematical calculations), unit prices will prevail. Delivery 6.1. All items are to be bid F.03, delivered with freight charges prepaid and included, to designated addresses as specified by the City on it's purchase ordcr(s) or in letter(s) of authorization. 6.2. Bidder must state specific number of calendar days required for delivery of each item bid in appropriate space on the bid pages for consideration of award of this bid. 6.3. Delivery time will be a factor for any orders placed as a result of this bid. The City reserves the right to cancel such order(s) or any part thereof, without obligation, if delivery is not made within the timc(s) specified herein and hold the vendor in default. (Sec Section 10.) Signed Bid Considered an Offer This signed bid is considered an offer on the part of the bidder, which offer shall be considered accepted upon, approval by the City Commission of the City of Pompano Beach (if required). The City of Pompano Beach will issue a purchase order or a letter of authorization to the successful bidder, as authorization for delivery of the items awarded subject to requirements of detailed specifications and those contained herein. In the event of default on the part of the bidder after such acccptance, the City may take such action as it deems appropriate including legal action for damages or specific performance, Quality All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality and highest grade workmanship unless otherwise specified in this bid by the City. Initial Bidder Narne City of Pompano Beach will apply to any resulting bid 9. Brand Names award. Whenever proprietary names ate used, (whether or not I6. Taxes followed by the words "or approved equal "), the item(s) will be subject to acceptance and/or approval The City of Pompano Beach is exempt from any taxes by authorized City personnel, and said personnel will unposed by the State and Federal government. deem it their prerogative to select the item(s) which are Exemption certificates will be provided upon request. Iowest bld, Item by item, meeting specifications from State Saks tax Cxemption certifscatrr the information furnished by the bidder with the bid # 16-08- 196489 -54C and Federal exemption tax and/or sample inspection or testing of the item(s) 959- 74.0083K apply and appear on each purchase called for herein, order. 10. Default .Provisions 17. Conflict of Instructions In the event of default by the bidder, the City reserves If a conflict exists between the General Conditions and the right to procure the item(s) bid from other sources instructions contained herein, and the Specific and hold the bidder responsible for excess costs Conditions and instructions contained herein, the incurred as a result. A contractor who defaults on a specifics shall govern. City contract may be banned from doing business with the City for a period of 36 months from the date of I $. Exceptions to Specifications default. For purposes of evaluation, bidder must indicate any 11. Samples exception to the Specifications, terms, and/or conditions, no matter how minor. This includes any Samples, when requested, must be furnished at, or agreement or contract forms supplied by the bidder before, bid opening, (unless otherwise specified), and that are required to be signed by the City. If will be delivered at no charge to the City. If not used exceptions are not stated by the bidder, in his bid, it and/or destroyed in testing, said sample(s) wits, at will be understood that the item(s) /services fully bidder's request, be returned within thirty (30) days of comply with the specifications, terms and/or bid award at bidder's expense. if requested by the tbHditionl; Stated by tht City, Exceptions are to be City, samples and/or inspection of like items are to be listed by the bidder on an attachment included with his made available In the southeast Florida arcs, bid. The City will not determine exceptions based on a review of any attached sales or manufacturer's 12, Acceptance of Materials literature. The material delivered as a result of this bid shall 19. Warranties remain the property of the seller until a physical inspection and actual usage of the item(s) is made and The City of Pompano Beach will not accept any thereafter deemed acceptable to the satisfaction of the disclaimer of the warranties of merchantability and City, in compliance with the terms and specifications i fitness for a particular purpose for the product(s) contained herein. In the event that the item(s) supplied offered. Proposals will clearly state any additional to the City is /are found to be defective, or does/do not warranties and guarantees against defective materials conform to specifications, the City reserves the right to and workmanship, A copy of the complete cancel the order upon written notice to the seller and manufacturer's warranty statement is to be submitted retvm the item(s) to the seller at the seller's expense, with the bid. 13, Manufacturers' Certifications 20. Retention of Records and Right t0 Access Clause The City reserves the right to obtain separate The successful bidder shall preserve and make manufacturer certification of all statements made in the available all financial records, supporting documents, bid' statistical rccordS, and any other documents pertinent 14. Copyrights and Patent Rights to this contract for a period of five (5) years after termination of this contract,. or if an audit has been Bidder warrants that there has been no violation of initiated and audit findings have not been resolved at the end of these five (5) years, the records shall be copyrights or patent rights in manufacturing, retained until resolution of audit finding. producing and/or selling the item(s) ordered or shipped as a result of this bid, and successful bidder agrees to 21. Pacilitics hold the City harmless from any and all liability, loss i or expense by any such violation, The City reserves the right to inspect the bidder's 13. Laws and Regulations facilities at any time, without prior notice. All applicable laws and regulations of the Federal government, the State of Florida. and ordinances of the Bid H -34 -97 Pago 12 of 20 Initial - 22. Anti - collusion Statement By submitting this bid, the bidder affirms that this bid is without previous understanding, agreement, or connection with any person, business, or corporation submitting a bid for the same materials, supplies, or equipment, and that this bid is in all respects fair, and without collusion or fraud. 21 Indemnification Contractor covenants and agrees that it will indemnify and hold harmless the City and all of the City's officers, agents, and employees from any claim, lofts. damage, costs, Charge or expense arising out of arty act, action, neglect or omission by contractor during the performance of the contract, whether direct, or, indirect, and whether to any person or property to which the City of said parties may be subject, except that neither the contractor not any of its sub- contractors will be liable under this section fur damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of City or any of its afficers, agents, or employees. 24. Reservation for Rejections and Award The City reserves the right to accept or reject any or all bids or part, of bids, to waive irregularities and technicalities, and to request re -bids, The City also reserves the right to award the contract on such items the City deems will best serve the interests of the City, The Ciry further reserves the right to award the contract on a "split order" basis, or such combination as shall best serve the interests of the City unless otherwise specified. 25. Interpretations Any questions concerning the conditions and specifications contained in this bid should be submittcd in writing and received by the Purchasing Division no later than five (5) working days prior to the bid opening, The City of Pompano Beach shall not be responsible for oral interpretations given by any City personnel, or rrnrrgPntati— or The issuance of a written addendum is the only official method whereby interpretation, clarifleatiran Ui adattional information can be given. 26, Failure to Respond If you elect not to bid, please return enclosed "Statement of No Bid" card by the bid due date, and state your reasons) for not bidding. Failure to respond, either by submitting a bid, or by submitting a "Statement of No laid" card, three (3) times, will result in your name being remoVcd from our mailing list. 27. Bid Tabulations 28. 24. 30. 3I Bidders who wish to receive a copy of the bid tribulation should request it by enclosing a stamped, self-addressed envelope with their bid, of by � requesting a tabulation be sent to their fax machine. Bid results will not be given out by telephone. Tl,e Bich H -34 -97 i i 1 Page 13 of 0 Bidder Name City does not notify unsuccessful bidders of contract awards. Assignment Successful bidder may net assign or transfer this contract, in whole or part, without prior written approval of the City of Pompano Beach. Termination for Convenience of City Upon seven (7) calendar days written notice delivered by certified maii,`fe+,urn mseipt requested, to the successful bidder, the City may without cause and without prejudice to any other right or remedy, terminate the agreement for the City's convenience whenever the City determines that such termination is in the best interest of the City, Where the agreement is terminated for the convenience of the City the notice of termination to the successful bidder must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of the termination. Upon receipt of such notice, the contractor shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub -comractoft and purchase orders to the extent that they relate to the terminated portion of the contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. Conflict of Interest For purposes of determining any possible conflict of interest, all bidders must disclose if any City of Pompano Beach employee is also an owner, corporate officer, or employee of their business_ Indicate either "Yes" (a City employee is also associated with your businee5s), or "No ", If yes, give person(s) name(s) and position(s) with your business No _ Yes _ Name & position (Mote: if nms,w is 'Yes ", you must file a statement with the Supervisor of Elections, pursuant to Florida 5tamtns 112,313.) Public Entity Crimes In accordance with Pi 7 103 (21(C A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the conatruction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided s. 287.017 for CATEGORY TWO for a period of 36 months frgm the date of being placed on the convicted vendor list, Initial 32. Governing Procedures This bid is governed by the applicable sections of the City's Gencral Services Proccdures Manual, A copy of the manual is available for review at the City Purchasing office, 33. Identical Tie Bids In accordance with Section 287,087, State of Florida Statutes, preference shall be given to businesses with Drug -free Workplace Programs. Whenever two or more bids which are equal with respect to price, quality, and service tine received for the procttmmcnt of Wrnmodities or contractual service, a bid rcceivcd from a business that certifies that it has implemented a Drug -free Workplace Program shall be given preference in the award process. Established procedures for processing tic bids will be followed if none of the tied vendors have a Drug -free Workplace program. in order to have a Drug -free Workplace Program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -frce workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1), 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pica of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any State, for a violation occurring in the workplace no later than five (5) days after such conviction, 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 34, 35, 36. Bidder Name 5) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. If bidder's company has a Drug-free Workplace Program, so certify below: AS TBE PERSON AUTHORIZED TO SIGN U-M STATEMENT, I CERT T THAT THIS FIRM COMPLIES FULLY'ViriTH THE ABOVE REQUIREMENTS, Biddcfs Signature invoicing/Payment All invoices should be sent to: City of Pompano Beach, Accounts Payable, P.O. Drawer 1300, Pompano Beach, Florida, 3306), In accordance with Florida Statutes, Chapter 218, payment will be made within 45 days after receipt of merchandise and a proper invoice. The City will attempt to pay within fewer days if bidder offers a payment discount. The City cannot make advance payments, matte deposits in advance of receipt of goods, or pay C.O.D. Bidders should state any payment discount in space provided on Proposal foam. Optional Contract Usage As provided in Section 287.042(17), Florida Statutes, State of Florida agencies may purchase from a contract resulting from this solicitation, provided the Department of Managemcnt Scrviccs, Division of Purchasing, has certified its use to be cost effective and in the best interest of the State, Contractor(s) may sell such commodities or services Certified by the Division to State of Florida agencies at the contractor's option, Non Discrimination Therc shall be no discrimination as to race, color, religion, gender, national origin, anccstry, and physical Of mental disability in the aperatiotfs conducted under this contract. Included as applicable activities by the contractor under this section are the solicitation for, or purchase of, goods or services, or the subcontracting of work in performance of this contract. Bid H -34 -97 Page! 14 of 20 Juitlial. Bidder Name SECTION ill - PROPOSAL IMPQRTANTL! !- PAGE MUST BE SIGNED FOR BID TO BE CONSIDERaED, PER GENERAL CONDITIONS SECTION 3 Item Number Quantity Description Unit Cost Total a. 125 Helmet with face mask; Schutt Air IV 47780, or equal State manufacturer /model bid: $ /each b. 100 sets 'Universal jaw pad sets, ;Schutt #7743, or equal State manufacturer /model bid: $ /set $ C. 100 each Chin. straps, Adams Prod -100, BSN #FBCSIOOH, or equal State manufacturer /model bid: $ /each $_ d. (1) 15 each Shoulder pad, BSN SP -36 Viper 4PSP36, or equal State manufacturer /model bid: $ leach $ d. (2) 15 each Shoulder pad, BSN SP -fib ;#PSP66, or equal State manufacturer /mot el bid: $_ _ /each -- $ Bid H -34 -97 { I I E i Page 1.5 of 20 Initial Bidder Name d. (3) 20 each Shoulder pad, BSN SP-,26 #PSP26200, or equal State manufacturer /model bid: $ /each $_ d. (4) 25 each Shoulder pad; BSN SP -26 #PSP26300, or equal State manufacturer /model bid: $ /each ` $- _ d. (5)' _ 40 each Shoulder Pad, BSN SP -26 4PSP26400, or equal State manufacturer /moOl bad: $ /each $ d. (6 ) 40 each Shoulder pad,13SN SP-26 #P5P26500, or equal State manufacturer/model bid: $ /each $ e. 7 rolls Shoulder pad strapping BSN #FBREl00W, or equal State manufacturer /model bid: $ -- /roll $ State length of roll: f. 300 each "T" hooks, BSN #FBT�iI00X, or equal State manufacturer /model bid: E $ /each $ 4 r Rid 14 -34 -97 Pago 16 of 20 Initial Bidder Name g. (1) 300 each "S" hooks 1 ", BSN #FBMSIOOX, or equal State manufacturer /morel bid: /each 9,(2) 300 each "S" hooks 1 -1/2 ", BSN, 4FBMS 150X, or equal State manufacturer /mo�el bid: $ -/each T $ h. 135 sets Hip pad set, BSN #P3391400, or equal State manufacturer /model bid: $ /set $ i. 100 each Tailbone pad r State manufacturer /model bid: $� /each $ j. 185 pair Knee pads, ISSN #KP -I� P2003200, or equal State manufacturer /model bid: f $ /pair $ k. 100 pair Thigh pads, BSN #TP -� P2100000, or equal i State manufacturer /model bid: $ /pair $ I. 700 each Mouthpieces, BSN #M MOUT, or equal State manufacturer /mod�l bid: $ /each $ Bid H -34 -97 Page 17 of 20 Initial Bidder Name M. 500 each Web belt, BSN #FBBLTI, or equal State manufacturer /model bid: $ /each $ n. (1) 22 each Football, Wilson #TDY F1 196, or equal State manufacturer /model bid: $ /each. $ n. (2) 21 each Football, Wilson #TDJ x'1350, or equal State manufacturer /model bid: $._..___ _ _ . /each $ n. (3) 10 each Football, Wilson Official K2 Pee Wee 4F1382, or equal State manufacturer /model bid: $ /each $ a. 13 each Dick off tee, BSN #MS ICKOF, or equal State manufacturer /mod .tt bid: $ leach $ P. 2 sets Field yard markers,13SN #FBYDMARK, or equal State manufacturer /model bid: $ /set $ q. 2 sets Down marker, BSN #M DBCCOL, or equal State manufacturer /m od l bid: $ /set $ Bid I- I-34 -97 Pages 18 of 20 Initial Bidder Name r. 1 each Equipment cart,13SN 4FBFLDCRT, or equal ' State mar acturer /model bid: $ /each S. 3 each Shoulder pad racy, BSI's #STSPRDBL, or equal State manufacturer /model bid: $ /each ,. $ t. 74 each Whistles, BSN #3059XXXX, or equal State manufacturer /moM bid: $ _. _leach $ U. 74 each Lanyards, BSN 4MSLNYD, or equal State manufacturer /model bid: t $ /each $ V. 6 cases Trainers tape, BSN #21$O M, or equal i State manufacturer /modp1 bid: $ /case $ State length of roll: State number of rolls pe� case: GRAND TOTAL $ Deliveries must be completed no later than July 7, 1997. State delivery time after receipt of order: calendar days. Prompt Payment Discount: 45 days after receipt of merchandise and a _ {payment will be made within invoice, unless payment discount is offered.) Bid H -34 -97 Page; 19 of 20 ,� Initial Bidden Name If awarded the contract resulting from this bid; will your company agree to sell additional items at the awarded contract price? Yes No Mate the time period applicable for such additional purchases: - If awarded the contract resulting from this bid, will your company agree to extend the sane prices, terms and conditions to other governmental entities? (Note -- Optional, agreement not required for contract award.) Yes No Name & address of company submitting bid: ............. ............... I ....... .,........................ zip ............ Federal Employer Identification # or Social Security #: Telephonenumber: ....... ............................... ........................ "Fax" number, ............................................. ............................... Addendum No. Addendum No. Dated: Dated: Manual signature of company officer: ....... W .. ............................... Signature (typed or printed): ............... Titleof signer.: ..... ............................... .................................................... ............................... ZnitiaJ, I -Clzl- 1 99S S: c-lapt-1 FROM P. I CITY OF POMPANO BEACH PAGE: -i P.O. NO. 4 2,3 j 7� - , � i :, �, " � o� ,, �- , , '..: j, PURCHASE ORDER DATE: 1? O. DRAWER :1300 POMPANO BEACH, FLORIDA 33051, AN EQUAL OPPORTUNITY EMPLOYER TO WZESTERS TEAM -SPORTS SHIPTO The City of Pompaut Z5660 WEST PROSPECT RD .:F`ARXS/REC. CIVIC CENTER FT LAUDERDALE., FL 33309 796-4111/CIVIC CENTER 1801 14,E. 6TH STREET PGKPAoRG REACH, FL 33Q6tf zql v Ft PLEASE SEE TERMS AND CONDITIONS PRINTED ON THE R EVERSE. W, P Rms NET 7 r 77- 77 AI, "r'; MITIONED PURO t�OEERT WEBSTER LEETA HARD114 CAROL .:FQ L AND ccou Tao, uA00005440 r, 38f 9$ LINE No. QUANTITY u0m ITEM NO- AND DESCRIPTION t UNIT I-,O$T EXTENDED COST GaI4.65 L a 0� 04E SFGRTrNC; & ATKLETIC EQUrP FE? .5 Z FOOTBALL EQUIPMENT FOOTBALL • .80.Ul.PMENT PER ATTACRrD IST PER DIE, H-S6-881 TOTAL. EMARKS: ITY KANAGER, &FFliZQVEQ 6,/17/98. LEASE NOTE' TH&T CUANTrTY ANn UNrT COST KAVT aTj-Dj EVERSED. THIS WILL ALLOW U.9 TO FROCE99 PARTIAr. AYMENT-S 'To TOURI .COKFANY' "WKEK: APP r.ZCAELE, THF. OTAL:,0R►ER; -T5,.REFLECTEP -TX-TFF FURCHASF-PORDER QTAL. 111A CITY OF POMPANO SEACH, FLORIDA F.0,S, POMPANO BEACH, FL I F,E3. 59-6000411 A! (THOP179M 15V o CITY OF POMPANO BEACH PURCHASE ORDER P.O. DRAWER 1300 POMPANO BEACH, FLORIDA 33061 AN EQUAL OPPOA7UNITY EMPLOYER WEESTERS TEAM SPORTS 3560 WEST PROSPECT RD 1.7 LAUnEFDISLE, EL 33309 PAGE: PURCHASE ORDER NO, DATE: SHIPTC The City of Pompano Beach ;: ARKS/REC- CXVTC CEk4TZR 795 -4111 /CIVIC CERFTEE 1$0 jj:E-, 6TH STREET POMPA110 BEACH, FL 32060 ON THE REVERSE. Y �o3yEt5 CITY OFiPONIPANQ BEACH, FLOiR10A F.C.B. POMPANO BEACH, FL F.E.I. 60-6000411 U S. Trebsury Department AUTHORIZED E"% / —_�— ` i R.S. Registratioh No. 5974 Q09: K .—.eL� .._.�._.. - - - ......._... .._. . webster's team sports 560 W. Prospect Rd. t. Lauderdale, FL 33309 354- 733 -0400 300- 940 -0010 =ax: 954 - 733 -0008 DATE: QUOTATION /SALES ORDER ACT #: SOLD TO: ADDRESS: CITY. STATE: ZIP: PHONE: SALESMAN: �� ORDERED BY- UNIT PRICE: 21, oo AM06N�T -Y %v Is,, p a SHIP VIA: 70 P /O #: 6*V. 0 CUSTOMER SIGNATURE: DESCRIPTION S !t FR(.- 7'trj 1 OTY 17s'- UNIT PRICE: 21, oo AM06N�T -Y %v Is,, p a /e S- 4d4 1.vi sow J'«r 70 6*V. 0 sr !c ;*- 7 3 3 % e(i 4119 fGo 7 % /7 G tit G 7e2 P-o r� G S �e SP - /a'u /:UP-130 li 4-1 two Sr !c FS P— - le Acpk) /1,.c'e !� -r-P -it _ k P4-11J 93 i CUSTOMER SIGNATURE: AL'S TROPHY SHOP & SPORTING GOODS 3475 N.U.S.I. Cocoa, FL 32926 1407) 636 -6193 Quotation t .At r: ;VEFni rt mlit', 1 Emm T'a v �� �� uv `t Avr l Miss -�`k�� SHIPPING INFORMATION ;�. !'� _ 1r:�ey�'•:`t;;y1r: •�tiw�.tt jai � - y � .• c � * r rL ��' �.t w s' t� c 1' DA71r m5llkSHIPPMG q� r SHIP VIA+ U .....Y� y:?��. `,. -� V "�' TERMS -•.'. 1 t rr- f�_ir..t a Ott - "`':',: G QUOTE IS YALiD FOR:. ' �` „� DAYS Accc�� lance o. G�btst`an�� ,.—_� The nbov.. P.:coo, e}^ecificat cre, t � end condidors ery J,t!Yaotory and dtB hnreby mcceyts d. You ern ORICANAL euthalzed to cfJ ilu K'ak T3 F,£J'hUG, AC:C::I)lLC! t7j DATE Miss ft uw@ a rmigUL 701AL �' 1 • ME MORE 0 WE w I � WA w a l EliffyiMmysm All Elf WLW IFY FAM" M200M�ffffltMr -- I Accc�� lance o. G�btst`an�� ,.—_� The nbov.. P.:coo, e}^ecificat cre, t � end condidors ery J,t!Yaotory and dtB hnreby mcceyts d. You ern ORICANAL euthalzed to cfJ ilu K'ak T3 F,£J'hUG, AC:C::I)lLC! t7j DATE .....,...- - - - -_— -------•----------------------------------------- - - - - -- --- - - - - -- SCOTrS WIRTING GOODS 4015 24TH ST. , (AT. 60) VOtO BEACH, FL. 32460 (361) 778 -0661 FAX 7780662 1 lh l �i Vii` •1 r ra },a�j1j'ti I QUOtat1011 x0.000830 DA1 E `:r'EHSOtU- SHIPPING INFORMATION t7UANTITY UNIT F'T� .. U,,411 PRICE G OATS;•: TOTAL L 5 YAI,ID' " DAYS t7UANTITY UNIT F'T� .. U,,411 PRICE TOTAL �_� • ' IN -,I �� .•1 min -wr IW ;,ME fflo W910 "17 ME m ■rte ��r�r Lance of QmuftK 1'he abo,re ar+C6a,.p.a+norLw*. and condltlons are NGifootory and are hereby accepted. You are ORIGINAL Accepted by DATE WAtoVed to do No wo* as __wa..n ,.cu wJV- iiiV�/R111l10 RXT Iwvl.r�, IM1Vl�L LrVf 1 ••'. •- •_..._..- ,._ ^'__. �._.... .. ._....: . - -� 1 • • E i I 1101110 ZZ 0 0 1 • CTH� �* MIM SUBJECT: Agenda# Commission Meeting August 18, 1998 Tent at Murray Park The attached resolution seeks approval to disburse $2,937.50 from account number 001-0000-131-1420, "**CDBG Construction Grant" ' to Tropical Tents for the tent rental located at Murray Park. The available balance is $153,499.00. Due to the demolition of the building at Murray Park, a temporary shelter was needed. Under an emergency situation, three bids were solicited for a 20 X 30 tent and the award was made to Tropical Tents. It is now necessary to extend the time the tent is rented through December 12, 1998. I he tent is extremely necessary as Football practice and the ""After School - Sporting Events"' will be taking place. Due to the heat, the tent is used for break time for the children and coaches as well as, parents and citizens *bserving Football practice. We are moving forward with Phase I of the Multipurpose Center anticipating groundbreaking to occur this fall. An amount of $822.50 has already been paid for rental coverage from May 2, 1998 through June 13, 1998. Tropical Tents has been very helpful and has given us immediate service when needed. I recommend approval. Tent Murray Park 98 Tent 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 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 $2,937.50 TO TROPICAL TENTS, FOR THE TENT RENTAL AT MURRAY PARK, AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 - 0000- 131 - 1420, "CDBG CONSTRUCTION GRANT ". 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 demolition of the building at Murray Park was approved; and WHEREAS, Shelter for the children and staff no longer exist; and WHEREAS, Shelter was established by providing a tent (20 X 30) at Murray Park; and WHEREAS, The Parks & Recreation Department has already paid $855.20 for the rental of the tent which covered the time span of May 2, 1998 through June 13, 1998; and WHEREAS, Due to certain constraints, the time span of the rental has been extended; and WHEREAS, The disbursement of monies will extend the rental of the tent through December 12, 1998. 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 $2,937.50 from account number 001 -0000- 131 -1420, "CDBG Construction Grant ". Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of August, 1998. ATTEST: CITY CLERK r 0 ►_1 Tent Murray Park 98 t , r TROPICAL TENTS, INC. TENT RENTALS &. BALES WORLDW10; 10521 SW 184TH TERRACE MIAMI, FLORIDA 33157 PHONE (305) 253 -3984 + FAX (305) 255 -3753 NUMBER OF PAGES (Including Cover Letter): 1 NOTE: If you dId not receive all of the pa.gss or if you nave a question, please call the verifying number (below). T0; Maria FROM: 00, NAME N -NAME 305 - 663 -6319 FAX NO, — 460 -1.266 RFMARK& Quote on tent rental VERIFYING F)W Transmissi Maria: This is the estimate quote on 20 x 30 Pale tent rental from June. 14, 1998 thru December 12, 1998 at $117.50 per week the total amount is $2,937.50 Thank you Olga El CITY OF SOUTH MIAMI VATE: August 10, 1998 FROM: Charles Scurr SUBJECT: City Manager Commission Meeting August 18, 1998 Fuchs Park Survey of Property A resolution was passed by the Mayor & Commission on July 14, 1998 to proceed with the Fuchs Park project. The commencement procedure consists of a checklist requesting several documents. I was able to locate all of the documents with the exception of a boundary survey of the project site, which includes a legal description of the property prepared and signed by a Florida registered land surveyor. Attached are three (3) bids obtained by the Parks & Recreation Department. This resolution seeks approval to award the Gunter Group, Inc., $1,900.00 for a topographic survey. Disbursement of funds will be charged to account number 001.2100.519.9925, "Fuchs Park Grant Matching Fund". Available balance in this account is $33,334.00. I recommend approval. Survey Fuchs Park 98 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 $1,900.00 TO THE GUNTER GROUP, INC., TO SURVEY THE PROPERTY AT FUCHS PARK AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001.2100.519.9925, " FUCHS PARK GRANT MATCHING FUND ". WHEREAS, Article III, Section 5, H, of the City Charter, requires bids be obtained for purchases of items over $1,000.00; and WHEREAS, On July 14, 1998, the Mayor and Commission approved the Fuchs Park project to start; and WHEREAS, Fuchs Park grant procedures specify a survey of property be performed prior to commencement of work; and WHEREAS, Three (3) bids were received and the Gunter Group, Inc., was the lowest bidder at $1,900.00; and WHEREAS, The Gunter Group, Inc., is a state certified, reputable business; and WHEREAS, After completion of this survey, the long awaited Fuchs Park project can begin. 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 $1,900.00 from account number 001.2100.519.9925, "Fuchs Park Grant Matching Fund ". Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of August 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Microsoft Word - Survey Fuchs Park 98 FNAUaZ�i�I�17ii MAYOR AUG- 15-198 THU IS t 416 Cur-lit- e-r- Gt- -D UF- I r-e WOO 04(AC XO-*kAz 4 NO zc 70 P9 P . 0:2 lid) t'd 0:1 Fm NO z 'IR NN r IM ghtZ1 *0 2=0 0 lid) t'd 0:1 NO z r co cc) 2 cc) tiPn m 4- lid) t'd 0:1 C i t M 2 Z-11.11 I 1,_,Y ° <J m, ATTN � ANA OAP117TA Denr Mp- '71 f L t 1. wed tie ltll�- 7'1 9 1 hereby of f ei a ;,,)oumairy --iirvey fco- the narl, !7 X A 1) e f A) (5tt D) buildl,''n"j,"t, aof d I ES. e C Alltocai V•'2-3i,,?T1 -12 signed T1 d with,.ir 4 to 5 wr)1-3�jjIg e I I T- r) dl U�F IF)d days 2 pen-lin t t Pciyint,IJL. w i l l bt Illao Tf any do not t,:) call me. lh TO, HUI., -03 -98 02:09 Pf'1 C:OFITINENTAL 2622944 P.02 CONTINENTAL LAND SURVEYORS, INC. 1700 S.W. 57-rH AvENUE 5UITF, 201 MIAMI, Ft 33155 PHONE (305) 262 -1925 FAx (305) 262 -2944 July 29,1998 Attn: Ana Garcia Re; Fuchs Park Survey ( as Built ) with Elevations every 100 Feet, no tree location included $2,500.00. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: FROM: Charles D. Scurr SUBJECT: City Manager August 18, 1998 91 Agenda Item # Commission Meeting, August 18, 1998 Reclassification of the Planning and Zoning Director Position to Director of Planning, Zoning and Development The attached resolution recommends approval of a reclassification of the Planning and Zoning Director position. The next 3 -5 years will be critical for the City. The opening of the Shops at Sunset Place will necessitate a complete review of many of the City's current plans. The impact of the Shops, new. interest in the City, potential new development in the downtown area, and major new projects such as the construction of the Multipurpose Youth Center at Murray Park all present tremendous challenges and opportunities. In order to meet these challenges it is necessary to: a) Integrate and coordinate within the City administration the interrelated functions of planning, zoning, community development and economic development; and b) Recruit the best senior level professional expertise available. Approval is sought to reclassify the existing Planning and Zoning Director position to a new position that would encompass planning, zoning and all aspects of development. This position would, in addition to having Department Director responsibilities, serve in an Assistant City Manager capacity to integrate and coordinate City -wide development and construction activities. Reclassifying the position is the most cost effective alternative. By adding these new responsibilities to the existing Director of Planning and Zoning position the need to create a new position and hire an additional senior level FTE is eliminated, thereby saving considerable funds. An increase in the pay class from 41 -6 to 43 -6 is requested. This increase totals approximately $6,000 over the current Director salary range, whereas a new position could have a total cost, with benefits, of over $75,000. Funding for this adjustment is available in the current budget for the Planning & Zoning Department (Account 1620 -524 -1110, Salaries), should the position be filled prior to the end of FY 1997 -98, and funding has been included in the proposed FY 1998 -99 Budget. I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, AUTHORIZING THE CITY MANAGER TO RECLASSIFY AND AMEND THE 5 PAY RANGE FOR THE DIRECTOR OF PLANNING AND ZONING IN THE PAY PLAN 6 7 8 WHEREAS, the next 3 -5 years will be critical for the City of South Miami due to the 9 opening of the Shops at Sunset Place, new interest in the City, potential new development in the 10 downtown area, and major new projects such as the construction of the Multipurpose Youth 11 Center at Murray Park, and 12 13 WHEREAS, these activities all present tremendous challenges and opportunities; and 14 15 WHEREAS, in order to meet these challenges it is necessary to: a) Integrate and 16 coordinate within the City administration the interrelated functions of planning, zoning, 17 community development and economic development; . and b) Recruit the best senior level 18 professional expertise available. 19 20 WHEREAS, the most effective and cost efficient way to accomplish this is to. reclassify 21 the existing Planning and Zoning Director position to a new position that would encompass 22 planning, zoning and all aspects of development. 23 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 26 27 Section 1. The City Manager is authorized to reclassify the Planning & Zoning Director 28 position to Director of Planning, Zoning and Development (Assistant City Manager) and to 29 adjust the pay class from 41 -6 to 43 -6. 30 31 Section 2. This resolution shall take effect immediately upon approval. 32 33 PASSED AND ADOPTED this day of 11998. 34 35 ATTEST: APPROVED: 36 37 38 39 City Clerk Mayor 40 41 READ AND APPROVED AS TO FORM: 42 43 44 45 City Attorney g CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor & City Commission DATE: August 10, 1998 w FROM:Charles Scurr SUBJECT: Agenda # City Manager Commission Meeting August 18, 1998 Annual Maintenance of Broadcasting Equipment Approval is sought through the attached resolution to release funds to pay for the annual maintenance of the broadcasting equipment. This matter and the need for the maintenance was discussed with and conceptually approved by the City Commission prior to the summer recess, which was the appropriate time to perform the maintenance. The annual maintenance has been implemented by the Nationwide Communications Corp., which services and maintains all the City's broadcasting equipment. Refurbished were the master control panel and 3 playback decks, all of which have been due for the annual maintenance. The disbursement of $3,323 will be charged to account number 001- 2100 - 519.9920, Contingency. The balance in this account is $32,200.00. 1 recommend approval. I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO 4 DISBURSE THE SUM OF $3,323 FOR THE ANNUAL MAINTENANCE OF 5 THE BROADCASTING EQUIPMENT, AND CHARGING THE 6 DISBURSEMENT TO ACCOUNT NUMBER 001- 2100 - 519.9920, 7 CONTINGENCY. 8 WHEREAS, the broadcasting equipment was due for the annual maintenance; and 9 WHEREAS, Nationwide Communications Corp. is the vendor that installed and regularly 10 maintains the broadcasting system; 11 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 13 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $3,323 14 for the following: 15 • Cleaning and maintenance of playback deck #1 of 3 ................... ............................... $782 16 • Cleaning and maintenance of playback deck #2 of 3 ........................................................ $727 17 • Cleaning and maintenance of playback deck #3 of 3 ........................................................ $586 18 • Refurbishment of computerized video system master control panel ............................... $976 19 • Temporary setup for live broadcast by video crew (Fellowship House ) .......................... $252 20 Section 2. The disbursement shall be charged to Account Number 001- 2100 - 21 519.9920 Contingency. 22 Section 3. This resolution shall take effect immediately upon approval. 23 PASSED AND ADOPTED this day of 1998 24 APPROVED: 25 26 ATTEST: MAYOR 27 28 CITY CLERK 29 READ AND APPROVED AS TO FORM 30' 31 CITY ATTORNEY CITY OF SOUTH MIAMI FINANCE DEPARTMENT TRANSMITTAL SHEET DOCUMENT DOCUMENT NAME OF VENDOR DATE AMOUNT REASON TYPE NUMBER FOR 01, <, DEPARTMENT RECEIVED BY No. CM000606 DATE: July 24, 1998 VENDOR Nationwide Communications Corp. 4257 NE 6 "' Ave. FT. Lauderdale, FL 33334 DELIVER REQUIRED FOR CITY MANAGER DEPARTMENT TO DELIVERY DATE INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PI IR CAA CINC. ACIPKTT ca ACCOUNT UNIT ITEM NO'S QUANTITY DESCRIPTION AND SPECIFICATIONS TO BE CHARGED PRICE TOTAL COST Invoice # 7897 $ 727.00 See attached Invoice with explanation PURCHASE TERMS /DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUIP- MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF PURCHASE ORDER AUTHORIZED AGAINST THE CODES CHARGED. - - - SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED.) - f DEPARTMENT fb. � CITY MANAGER ca TO: > NATIONWIDE COMMUNICATIONS CORP. 4257 NE 6th Avenue FT. LAUDERDALE, FLORIDA 33334 OFFICE (954) 566.8884 FAX (954) 566.6698 TERMS: um mum um om. 7897 JOB PHONE DATE OF ORDER J 004 JOB NAME/LOCATION A /! 7 PHONE ORDER TAKEN BY U . ,."4%Fi' 7 �I�F1:- YY1"l�a'`• .LPG �i�'�F ` i i3F rMVLtr. J 004 rC' A /! 7 LABOR HOURS RATE AMOUNT TOTAL MATERIAL TOTAL LABOR 66 io 9 J'!) e WORK OR R D BY DATE COMPLETED TAX SIGNATURE Q hereby ackno ge the satisfactory completion of the above described work.) Thank `You.► PAY THIS AMOUNT -00- City of South Miami No. CM000607 6130 Sunset Drive, South Miami, Florida 33143 REQUISITION DATE: _ July 24, 1998 VENDOR Nationwide Communications Corp: 4257 NE 6t" Ave. FT. Lauderdale, FL 33334 VTO LIVER REQUIRED FOR CITY MANAGER DEPARTMENT D ELIVERY DATE TNFORMAT10N TO RF FTTR\TTCT-fFn RV nr13 AD'Ph4UXrr G ACCOUNT UNIT ITEM NO'S QUANTITY DESCRIPTION AND SPECIFICATIONS TO BE CHARGED PRICE TOTAL COST Invoice # 7904 $ 976.00 See attached Invoice with explanation PURCHASE TERMS /DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUIP- MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST CODING OF ACCOUNTS APPROVED - PURCHASES AS ABOVE APPROVED AND ISSUANCE OF AGAINST THE CODES CHARGED. PURCHASE ORDER AUTHORIZED 9 SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED,,. . (EXCEPT AS OTHERWISE NOTED.) AD OF DEPARTMENT FINANCE T?, R.N1't, t, F'* ;;4 CITY MANAGER G TO: a 9 NATIONWIDE COMMUNICATIONS CORP. 4257 NE 6th Avenue FT. LAUDERDALE, FLORIDA 33334 OFFICE (954) 566.8884 FAX (954) 5666698 oo m[s goo 7904 JOB PHONE DATE OF ORDER JOB NAME&OCATION TERMS: a: G431PT ►1M r r C i t h 'ht r rl LABOR HOURS RATE AMOUNT TOTAL MATERIAL TOTAL LABOR 84100 Poc r .5 OCR e i l.5 S 0 5 O0 WORK OR EKED BY DATE COMPLETED ' - - TAX SIGNATURE (I by acknowledge the satisfactory completion of the above described work.) hank `YOU 1. PAY THIS AMOUNT -10- -City of South Miami No. CM000608 6130 Sunset Drive, South Miami, Florida 33143 REQUISITION DATE: July 24, 1998 VENDOR Nationwide Communications Corp. 4257 NE 6t" Ave. FT. Lauderdale, FL 33334 INFORMATION TO BF. FITRNIRHFI) nv I)FPARTMFNT DnD D TDnvA 0— vi ACCOUNT UNIT ITEM NO'S QUANTITY DESCRIPTION AND SPECIFICATIONS TO BE CHARGED PRICE TOTAL COST Invoice # 7902 - $ " 252.00 See attached Invoice with explanation PURCHASE TERMS /DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUIP- MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF AGAINST THE CODES CHARGED. - PURCHASE ORDER AUTHORIZED - - N SUFFICIENCY OF APPROPRIATIO j BALANCES VERIFIED.°'�!'''t� (EXCEPT AS OTHERWISE NOTED.,_ tA AD OF DEPARTMENT F FINA ' T CITY MANAGER vi NATIONWIDE COMMUNICATIONS CORP. 4257 NE 6th Avenue FT. LAUDERDALE, FLORIDA 33334 OFFICE (954) 566 -8884 PAX (954) 566 -6698 TO: L_.i / u (9-f Sallzh TERMS: MUM M. 7902 JOB PHONE DATE OF ORDER JOB NAMEILOCATION 6 09 PHONE ORDER TAKEN BY So /-h MOM/ m / F" ..33/ 13 rn e - cea , r, shol i >` d�o Fnr a Lae An cas/ h b/ � S em. e i 1 ZverIll LABOR HOURS RATE AMOUNT TOTAL MATERIAL f —fn; o TOTAL LABOR Q J r im W DO WORK ORDE E BY DATE COMPLETED / - - TAX SIGNATURE (I here knowledge the satisfactory completion of the above described work.) Thank "'You. PAY THIS AMOUNT ♦ J�JOj GJL{ :, No. CM000596 DATE: July 16, 1998 VENDOR Nationwide Communications Corp. 4257 NE 6th Ave. FT. Lauderdale, FL 33334 DELIVER REQUIRED FOR CITY MANAGER DEPARTMENT TO DELIVERY DATE INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT ACCOUNT UNIT ITEM NO'S QUANTITY DESCRIPTION AND SPECIFICATIONS TO BE CHARGED PRICE TOTAL COST Invoice # 7891 - $ 782.00 See attached Invoice with explanation .I V { L- d 0 5 C PURCHASE 7 TERMS /DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUIP- CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST AGAINST THE CODES CHARGED. PURCHASE ORDER AUTHORIZED SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED.) HEAD OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER NATIONWIDE COMMUNICATIONS CORP. 4257 NE 6th Avenue FT. LAUDERDALE, FLORIDA 33334 OFFICE (954) 566 -8884 FAX (954) 566 -6698 TO: Sc TERMS: R INVOICE NO. � ' JOB PHONE DATE OF ORDER JOB NAME/LOCATION 1 PHONE ORDER TAKEN BY City of South Miami No. CM000611 lop 6130 Sunset Drive, South Miami, Florida 33143 REQUISITION DATE: August 5, 1998 VENDOR Nationwide Communications Cor2. 4257 NE 6th Ave. FT. Lauderdale, FL 33334 DELIVER REQUIRED FOR CITY MANAGER DEPARTMENT TO DELIVERY DATE INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT ACCOUNT UNIT ITEM NO'S QUANTITY DESCRIPTION AND SPECIFICATIONS TO BE CHARGED PRICE TOTAL COST Invoice # 7913 4 $ 586.00 See attached Invoice with explanation PURCHASE TERMS /DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUIP- MENT, OR SERVICE IS ESSENTIAL AND A PROPER REQUEST AGAINST THE CODES CHARGED. CODING OF ACCOUNTS APPROVED - - PURCHASES AS ABOVE APPROVED AND ISSUANCE OF PURCHASE ORDER AUTHORIZED - - SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED,) HEAD OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER TO: 4 NATIONWIDE COMMUNICATIONS CORP. 4257 NE 6th Avenue FT, LAUDERDALE, FLORIDA 33334 OFFICE (954) 566.8884 FAX (954) 566.6698 e of snij?k Miami 7913 JOB PHONE DATE OF ORDER JOB NAME/LOCATION PHONE ORDER TAKEN BY TERMS: L)ESiPT+±ION QF WORK , .. _ RJ__ #3' LABOR HOURS RATE AMOUNT TOTAL MATERIAL `�- -q,,q //G TOTAL LABOR 00 00 r it c 0 WORK ORDER Y I DATE OMPL ED (- TAX SIGNATURE (I hereby acknowledge the satisfactory completion of the above described work.) `Thank `You! PAY THIS AMOUNT -10- '00 CITY OF SOUTH MIAMI Q INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: August 14, 1998 Agenda Item # From: Charles Scurr con Subject: Comm. Mtg. 8/18/98 City Manager OCED Contract Multipurpose Center The attached resolution was presented for approval, but deferred in order to have the contract presented for review along with the resolution. Approval of this resolution allows the city to execute the contract and extend the time allowed for expenditure of the funds. recommend approval. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT EXTENDING THE TIME I ALLOCATED FOR EXPENDITURE OF FY 1997 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AWARDED TO DEFRAY CERTAIN CONSTRUCTION COST RELATED TO THE MULTIPURPOSE CENTER. WHEREAS, the Mayor and City Commission has previously approved a contract with the Miami -Dade County, Florida Office of Community & Economic Development ( "OCED ") which provided for receipt of certain Community Development Block Grant funds, in amount equal to $175,000.00 for FY `97; and WHEREAS, the Project requires additional time to complete in the appropriate manner; and WHEREAS, certain other additional funds were required to continue and complete the Project. 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 authorized to execute contract amendment one related to the Project with the Miami -Dade County Office of Community & Economic Development extending the time of the contract to December 31, 1998 or such later date as OCED may from time to time hereafter approve. Section 2: This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this. day of, 1998. ATTEST: APPROVED: READ AND APPROVED AS TO FORM: CDBG FY '98 Municipality,1997 AMENDMENT ONE TO FY 97 CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI The FY 97 Contract between Miami -Dade County and the City of South Miami, executed on April 8, 1997 is amended as follows: The names Metropolitan Dade County, Metro -Dade, and Dade, anywhere in the contract are modified to read: Miami -Dade County. 2. Section I., Definitions, is amended to add: Subrecipient: A public agency, municipality or nonprofit organization selected by the County to administer all or a portion of the County's CDBG program. 3. The sequential order of paragraphs in Section II, The Contractor Agrees, are amended as follows: A. Type of Activity; B. Insurance; C. Indemnification; D. Documents; C-. E. Participation in the CDBG Program; O. F. Federal, State, and County Laws and Regulations; €. G. Conflicts with Applicable Laws; F. H. Construction; G. 1. Audits and Records; G. J. Retention of Records; #. K. Provision of Records; t. L. Prior Approval; J. M. Monitoring; K. N. Conflict of Interest; t=. O. Publicity, Advertisements and Signage; M. P. Procurement; N. Q. Property; 8. R. Program Income; P. S. Travel; Q. T. Subcontracts and Assignments; R. U. Additional Funding; S. V. Method of Payment; T. W. Reversion of Assets. 4. Section II., Paragraph D., Documents, is amended to read: D. Documents The Contractor shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. 1. Certificates of Insurance - original to be received by OCED within the first month of this contract period and prior to payments made by the County and as they are renewed throughout this contract period. 2. Progress Reports a. The Contractor shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Contractor in achieving each of the objectives and action steps identified in Attachment A, "Scope of Services." 1 of 8 Contract Start 1/1/97 The Contractor shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 10, 1997, July 10, 1997, October 10, 1997, January 9, 1998, April 10, 1998, July 10, 1998, October 9, 1998 and January 8, 1999. The Contractor shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Contractor must report specific information regarding the status of the contracted activities, including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Contractors engaged in construction and/or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low- moderate and low income residents. The Contractor shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section 11- Fiscal Information: The Contractor must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Contractor shall report on Program Income Usage for each contracted activity. Section 111 - Minority Business Enterprise: Minority Business Enterprise Report (First and Third Quarter Progress Report) - The Contractor shall report to OCED the number of business activities involving minority vendors, including subcontractors performing work under this Agreement. The "Minority Business Enterprise Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Contractor and submitted to OCED no later than April 10, 1997, October 10, 1997, April 10, 1998 and October 9, 1998. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Contractor shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. 2 of 8 Contract Start 1/1/97 The "Neighborhood Employment Opportunities Report" shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Contractor and submitted to OCED no later than April 10, 1997, October 10, 1997, April 10, 1998 and October 9, 1998. The Contractor shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 10, 1997, July 10, 1997, October 10, 1997, January 9, 1998, April 10, 1998, July 10, 1998, October 9, 1998 and January 8. 1999. The Contractor shall submit to the County, in a timely manner, any other information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Contractor in noncompliance with this Article. The County may require the Contractor to forfeit its claim to payment requests or the County may invoke the termination provision in this Contract by giving five days written notice of such action to be taken. b. Unspecified Site(s) Objective - If the Contractor has not yet identified a location to carry out any of the activities described in Attachment A, the Contractor shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Contractor complies with the provisions contained within Section II, Paragraph D.4. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the _progress undertaken by the Contractor during the previous month. This Progress Report shall not be required if the Contractor is submitting the Progress Reports required by Section 11, Paragraph D.2.a and Paragraph D.3. 3. Annual Report (Fourth Quarter Progress Report) The Contractor shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section 11, Paragraph D.2.a. above, which shall describe the progress made by the Contractor in achieving each of the objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 1997 through December 31, 1997 and shall be received by OCED no later than January 9, 1998 and January 1, 1998 through December 31, 1998 and shall be received by OCED no later than January 9 1999. 4. Environmental Review - The Contractor immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Conditions Statement, will be prepared as described in Section II, Paragraph EA. of this contract as set forth below. The Environmental Review is to be prepared on information contained in Attachment D, "Information for Environmental Review Form." The Contractor shall obtain a written Environmental Approval Letter from OCED prior to expending CDBG funds. Failure to comply with this requirement shall result in the revocation of this agreement. 3 of 8 Contract Start 1/1/97 5. Audit Report - The Contractor shall submit to OCED an annual audit report in triplicate as required by Section II, Paragraph I of this contract, as set forth below. 6. Inventory Report - The Contractor shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section II, Paragraph Q., of this contract. 7. Affirmative Action Plan - The Contractor shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. 5. Section II., Paragraph G., Federal State, and County Laws and Regulations, is amended to renumber and add: . G. F. Federal State, and County Laws and Regulations If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade Employment Family Leave Plan Affidavit 2. Miami -Dade County Cuba Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Disability Nondiscrimination Affidavit 5. Welfare Reform Work Participation Affidavit 5. Section II., Paragraph G., Audits and Records, is amended to read: G. I. Audits and Records 1. The Contractor expending $300,000 or more annually in federal awards shall have a single or program audit conducted in accordance with OMB A -133. The Contractor expending federal awards of $300,000 or more under only one federal program may elect to have a program- specific audit performed, in accordance with OMB A -133. Contractors who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Contractor expending less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133 although their records must be available for review (e.g., inspections evaluations). These Contractors are required by OCED to submit "reduced scope" audits (e.g., financial audits performance audits) They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate 4 of 8 Contract Start 1/1/97 5. Records must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3. When the requirements of OMB A -133 apply, or when the Contractor elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Contractor. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six (6) months following the end of the Contractor's fiscal year. 4. The Contractor shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 5. The Contractor shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 6. The Contractor shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 7. The Contractor shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by OCED, each of the record- keeping and audit requirements detailed in this contract. OCED shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above. Section II., Paragraph L., Publicity, Advertisements and Signage, is amended to read: L O. Publicity, Advertisements and Signage 1. The Contractor shall ensure that all publicity, public relations, advertisements and signs, recognizes the Miami -Dade Office of Community and Economic Development (OCED) and the Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami -Dade OCED logo is permissible. 2. The Contractor shall furnish, erect and maintain construction signs in accordance with sketch included in these contract documents The signs shall be made of % inch thick marine plywood newly painted and lettered according to the accompanying sketch. 5 of 8 Contract Start 1/1/97 The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather - resistant colors and materials. The Contractor shall place the signs, securely braced and mounted, as shown on the typical proiect sign placement diagram or as directed by the engineer. All materials shall be provided by the Contractor and the signs shall remain in the property of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this proiect signs will be required. Payment for furnishing, installinq, and maintaining the sign shall be under the bid amount for mobilization. 5. Section Ill., The County Agrees, is amended to read: Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $175,000. 6. Section IV., The Contractor and OCED Agree, Paragraph A., Effective Date, is amended to read: A. Effective Date 1. This contract shall begin on January 1, 1997. Any costs incurred by the Contractor prior to this date will not be reimbursed by the County . 2. This contract shall expire on December 31, 1998. Any costs incurred by the Contractor beyond this date will not be reimbursed by the County. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Contractor has control over contract funds, including program income. I However, the County shall have no obligation or 'responsibility to make any ,payment, except those described within Section 11, Paragraph V, or provide any type of assistance or support to the Contractor if this contract has expired or been terminated. 7. Section IV., Paragraph N., All Terms and Conditions Included, is amended to read: N. All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A - Scope of Services; Attachment B - Budget; Attachment C - Progress Report; Attachment D - Information for Environmental Review; Attachment E - Certification Regarding Lobbying; Attachment F - Publicity, Advertisements and Signage ) contain all the terms and conditions agreed upon by the parties. 8. Attachment A., Scope of Services, is amended to read: Refer to Attachment A. 9. Attachment B., Budget, is amended to read: Refer to Attachment B. 6of8 Contract Start 1/1/97 10. Attachment C., Progress Report, is amended to read: Refer to Attachment C. 11. Attachment F., Publicity, Advertisements and Signage, is added, as follows: Refer to Attachment F - Publicity, Advertisements and Signage The effective date of this Amendment is December 31, 1997. Except for the changes enumerated above all other provisions of the Contract shall remain in full force and effect. This Amendment and all its attachments are hereby made a part of the Contract. THIS SPACE IS INTENTIONALLY LEFT BLANK 7of8 Contract Start 1/1/97 IN WITNESS THEREOF the parties hereto have caused this eight (8) page Amendment to Contract to be executed by their undersigned officials as duly authorized, this day of 199 CONTRACTOR: City of South Miami Amendment Two to FY 97CDBG BY: - NAME: Dennis Whitt TITLE: City Manager DATE: BY: NAME: TITLE: DATE: Witnesses: BY: (Signature) Type of Print Name BY: (Signature) Type of Print Name Federal ID Number: 59- 6000 -431 Resolution #: R- 1221 -96 ; Contractor's Fiscal Year Ending Date: September 30 CORPORATE SEAL: MIAMI -DADE COUNTY BY: NAME: M. R. Stierheim TITLE: County Manaqer ATTEST BY: TITLE: Clerk. Board of County Commissioners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 8 of 8 Contract Start 1/1/97 Attachment A Scope of Services Multipurpose Center - Construction (January 1, 1997 - December 31, 1998) National Objective: Public Improvements CDBG Eligible Activity & Regulation Subsection No.: Public Facilities and Improvements 570.208(a)(1). Title of Activity and Specific Name of Project: Multipurpose Center, Developing a viable community. Goal: To build a phased multipurpose community center in the City of South Miami target area. Objective: To build a multipurpose community center to provide social and recreational activities for residents of South Miami. Action Step(s): 1) Satisfy funding request for $4,000,000.00 required to complete project April - May 1998 2) Satisfy requirement to expend $59,000 awarded for design June - July 1998 3) Complete schematic drawings August - September 1998 4) Receive Notification of approval of matching funds requested under step 1; satisfy pre disbursement requirements approvals. September 1998 5) Advertise bid package to obtain contractor - September 1998 6) Design development October - December 1998 7) Obtain Davis Bacon wage determination October - November 1998 8) Construction drawings January - April 1999 9) Initiate contract with qualified building contractor January 1999 10) Finalize a building contract with the qualified contractor March 1999 11) Conduct preconstruction conference April 1999 12) Commence building phase one and two May 1999 - April 2002 13) Construction Supervision May 1999 - April 2002 14) Contract Completion Closeout May 1999 - April 2002 Attachment B CITY OF SOUTH MIAMI MULTI- PURPOSE CENTER Community Development Block Grant (CDBG) From January 1, 1997 to December 31, 1998 BUDGET SUMMARY MAJOR CATEGORIES TOTAL OCED 101 PERSONNEL SERVICES $13,863.00 20 CONTRACTURAL SERVICES $0.00 30 OPERATING EXPENSES $0.00 40 COMMODITIES $0.00 90 CAPITAL OUTLAY $161,137.00 TOTAL COSTS $175,000.00 PERSONNEL SERVICES CHAR3 OBJT3 SUBOBJECT 101 PERSONNEL SERVICES 103 City of South Miami '04010 Salaries Program Coordinator Executive Secretary '04010 TOTAL Benefits '04012 Social Security '04017 Unemployment Compensation 203 INSURANCE Life Insurance Health Insurance Dental Insurance '01115Workman's Compensation Total Benefits 101 TOTAL PERSONNEL SERVICES TOTAL ANNUAL No. of Pay Non -OCED OCED Total Total All SALARY Period Sources $43,917.00 26 $43,917.00 $10,000.00 $53,917.00 $15,828.00 26 $15,828.00 $2,000.00 $17,828.00 $59,745.00 $59,745.00 $12,000.00 $71,745.00 $4,571.00 $918.00 $5,489.00 $155.00 $155.00 $34.00 $34.00 $4,046.00 $362.00 $4,408.00 $34.00 $34.00 $360.00 $360.00 $8,617.00 $1,863.00 $10,480.00 $59,745.00 $68,362.00 $13,863.00 $82,225.00 ATTACHMENT C OFFICE OF COMMA EC©NOMICBEVELOPMENT PROGRESSREPORT AME ADDRESS TELEPHONE NUMBER FAX NUMBER AGREEMENT AMOUNT FUNDING SOURCE CONTRACT PERIOD REPORTING PERIOD REPORT NUMBER INSTRUCTIONS: List all the activities (by title and by assigned activity #) mentioned in the agreement identified above. CONTRACT Name and Title of Person Authorized to Certify Accuracy of the Report OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT Signature Date CAPITAL OUTLAY CHAR3 OBJT3 SUBOBJECT 60 REAL PROPERTY [NON - COUNTY] LAND AND LAND IMPROVEMENTS 601 [NON - COUNTY] COST OF GENERAL 99031 CONSTRUCTION Non -OCED OCED Total Total All Sources $0.00 $161,137.00 $161,137.00 TOTAL CAPITAL OUTLAY $0.00 $161,137.00 $161,137.00 PROGRESS REPORT GENERAL INSTRUCTIONS NAME Type or print the name of the organization. ADDRESS Type or print the address of your organization. TELEPHONE NUMBER Print the telephone number of your organization. FAX NUMBER Print the fax number of your organization. AGREEMENT AMOUNT Print the total amount of OCED funds under this contract (only the contract covered by this report). FUNDING SOURCE Indicate the funding source for the contract or the amendment covered by the report (e.g., CDBG, HOME, HATF, SHIP, ESG.) CONTRACT PERIOD Enter the dates when the contract period began and when the contract period ended. IDENTIFICATION NUMBER NAME AND TITLE OF PERSON AUTHORIZED TO CERTIFY ACCURACY OF THE REPORT SIGNATURE DATE List the identification number for each of the activity listed on this report (contact your OCED Planner for this information). Self explanatory. The signature of the person who certified the accuracy of the report. Print the date when your organization submitted the report to OCED. Page 2 of 13 SECTIONI.• STATUS OF CONTRACTACTIVITIES ACTIVITY TITLE: GOAL: INSTRUCTIONS: List the objectives associated with the activity mentioned above and their achievement to date. INSTRUCTIONS: In brief terms, list the action steps associated with the activity mentioned above, then complete the chart using the categories mentioned in each of the columns below (attach additional pages if necessary): Achievement of Program Objectives and Action OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 3 of 13 Rev. 8/97 SECTION I: STATUS OF CONTRACT ACTIVITIES GENERAL INSTRUCTION Your organization must complete this section for EACH activity covered in your contract or agreement. ACTIVITY TITLE List the title of the activity being reported on as it appears in the Scope of Services of your organization's agreement. GOAL Describe the goal that the activity will achieve. TABLE I In BRIEF TERMS, describe each objective associated with the activity. For each objective, describe in quantifiable terms- the cumulative achievement. TABLE II In BRIEF TERMS, describe the action steps of the activity mentioned above. On the chart, indicate the projected completion date, projected units of service and actual units of service for each action step. TABLE III: In BRIEF TERMS, describe those variables that either enhanced or prevented the achievement of the proposed objectives and action steps. Page 4 of 13 z c � O �: VQ 0 b A Ln 0o �t-h W b � y n z� cn O b O WO CDd �d o � CD u a z n•• r d � z r c r zb o r O to C r � ro�0 act o � ' z c � O �: VQ 0 b A Ln 0o �t-h W b � y n z� o y �> �z CDd �d o � CD u a n a a\ a y SECTION II: FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract with OCED. This section of the report covers fiscal acitivities from the beginning of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted activity. PROJECTED List the the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut -off date of the report. ACTUAL List ALL the contract expenditures, whether or not they have been reimbursed by the County, OCED, that your agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES List all the expenditures that your organization anticipates FOR NEXT REPORTING will be incurred in the implementation of the contracted' PERIOD activities through the end of the next reporting period.. PROJECTED CUMULATIVE List all the expenditures that your organization anticipates EXPENDITURES BY will be incurred in the implementation of the contracted THE END OF CONTRACT activities through the end of the contracted period PERIOD PROGRAM INCOME USAGE List the identification numbers for EACH income generating activity in the agreement. Indicate the amounts used under each budget category. Page 6 of 13 0 n 0 0 3 3 z .c z 0 r 0 z 0 d r 0 ro 3 �-d w 00 z m V ,o O J H5 W r -2 b O - r Q zz � H � � o �n W (IQ c� A fD` .. (IQ CD r�- C�D j-0`. (D CL 5' c A O y c - C O. - �� b b d A 0 t-{ O O z ro y z ro O H r � �I a 0 SECTIONIV.• NEIGHBORHOOD EMPLOYMENT OPPORTUNITIES DATA GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. LOCATION: Enter the specific location where the activity is being performed. NUMBER OF FEMALE Enter the number of female- headed households HEADED HOUSEHOLDS assisted during the reporting period. EMPLOYMENT DEMOGRAPHICS CHART Page 8 of 13 0 b r � 0 O � � o o 3 � 3 z Oil 4 a z 0 z " - o 3 v e r 0 ro w va z v r• �O nz 5 a :t�a b d � � a :t�a ACTIVITY SUMMARY: PUBLIC SERVICES GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. LOCATION: Enter the specific location where the activity is being performed. NUMBER OF FEMALE Enter the number of female - headed households assisted during the HEADED HOUSEHOLDS reporting period. INSTRUCTIONS: Indicate the number of persons served during the reporting period according to their income level, gender, and ethnicity. Page 10 of 13 I �T 30 TT @2ud a ca a� 3D3 � "O a �3 < Cl 'Z a � J1i , � a G 1 0 ® s a U.S. HUD SECTION 3 REPORT Economic Opportunities for Low & Very Low- Income Persons in Connection v6th Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: CONTRACT AMOUNT: S PERIOD REPORTED: QTR 1 2 3 4 (QRc1S ONE) REPORT REVIEWED /APPROVED BY: TELEPBONE M OIGNATM) PART ONE EMPLOYMENT & TRAINING - To be completed for each project and submitted quarterly to OCED by April 15, July 15, October 15 and January 1S. PAR TWO • SUBCONTRACTS AWARDED - for goods and services associated with this project. A B C D E OF CONTRACT Taal S G % B TO A A B C D E F RACLAVETH7NIC CODES OB CATEGORY Total New Total Neu' % of New Total Total % of 4 Hispanic American S sign - Pacific American 6 Jew ONSTRUCTION Hires Hires Hires Employee Employee Employee 1 2 3 4 S (Total of who are that arc Trainee Trainee Trainee White African Native Rispanic Asian Column G, Sections 3 Section 3 Hours Hours Hours Amer. Amer. Amer. Amer. or 1 -5) Residents Residents Worked worked Worked Pacific (B -A) by Section 3 by Section Amer. Residents 3 Residents (E - D) ROFESSIONAL ECMCIA N FFICE/ LERMAL ONSTRUCTION Y TRADE 1ST) DE: RADE: RADEe DE: RADE: THER: OTAL: PAR TWO • SUBCONTRACTS AWARDED - for goods and services associated with this project. Office of Community and Economic Development Page 12 of 13 A B C D E OF CONTRACT Taal S Total S % B TO A NUMBER OF SECTION 3 BUSINESSES RECEIN7NG Amount of Amount of CONTRACTS BY RAC14LTTHTIC MENTMCATION Contracts Awarded Contracts Awarded to Section 3 Businesses 1 White American 2 Afric-m American 3 Native American 4 Hispanic American S sign - Pacific American 6 Jew ONSTRUCTION ON- CONSTRUCTION Office of Community and Economic Development Page 12 of 13 a � a U.S. HUD SECTION 3 REPORT PART T MEE - SUMMARY- indicates the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low - and very low- income persons, particularly those who are recipients of - government assistance for housing. (Check all that apply.) ❑ Attempted to recruit low- income residents through: local advertising media, signs prominently displayed at the project sit, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar ❑ Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. • Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. • Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. ❑ Other, describe below. Once of Community and Economic Development Page 13 of 13 A116.�[1Li'11 lJ MIAMI -DADS OFFICE OF CONVIMUN= DEVELOPMENT INF0RMATI0N FOR ENVIRONMENTAL REVIEW FORM Funding Source (circle) and Year: CDBG; HOME; HOPE 3; HOMELESS; HOPWA' FY 199__, Name of Subrecipient/Agency: Name of Proposed Activity: Location (Folio Number and Address) of Proposed Activity: Name, address, and phone and faz numbers of loan/grant recipient: Detailed description of project (include work program and /or scope of service and if this is a rehabilitation project, attach itemized budget). Part I. Will the activity result in the Mowing? Yes No Change in use Sub- surface alteration (i.e. excavations) New construction Renovation or demolition Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc.) Displacement of persons, households or business Increase in population working or living on site Land acquisition Activity in 100-year lloodplain 1of5 4 Page a of 5 Yes No A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc.) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of mater (e.g. digging a lake or diverting or deepening of a body of water). Part II. Site Information A. Land use (please describe) • Existing • Proposed B. If activity includes new construction, renovation or rehabilitation, photographs must be provided of each side (front; rear and sides) of the structure(s) proposed for assistance and the buildings on the abutting lots. The photographs shall be identified by address. In addition, provide for each existing structure on tbt site, the following information: • Existing structure(s) on site ves -----DO • Estimated age of structure(s) C. Otber Site Information Flood insurance Public mater ' Public sewer Children or child under 7 years of age residing on site (including day� care facility) or relocating to it $azardous waste disposal facility Storage of hazardous materials Abandoned structure(s) D. If the proposed activity includes a nevi- structure(s) or site improvements on a site of one (1) acre or more. a site plan must be provided. Project(s) will not be environmentallh. reviev ed without a site plan. E. If the proposed activity includes rehabilitation or renovation of structure(s), indicate the approximate value of the improvement. 0 to 39.9 percent of the market value of the structure(s) 40 to 49.9 percent of the market value of the structure(s) SO to 74.9 percent of the market value of the structure(s) 75, percent or more of the market value of the structure(s) a a B \1 Page 4 of 3 �. If the proposed activit3• involves the transfer of any property, new construction or a securing of a loan for a nonresidential parcel, provide a Phase I Environmental Audit determining the likely presence of either a release or threatened release of a hazardous substance. An audit is a revie%, of a site and adjacent properties and involves preparing a history of o%mership, land use and Zoning for the last SO years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid wastellandfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DEW, Florida Department of Enviroomental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and inspecting the site for physical evidence of contamination such as damaged vegetation or stains in the soil. Yes To If yes, a copy of the Phase I Environmental Audit must be submitted. G. Environmental Health Information • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? Yes No If YES, please submit the results. Has any child under the age of seven at the site been tested for elevated levels of lead in the body? \ Page S of 5 H. Other Attachments I. Maps - show location of property in the Count), and/or City and a street/ptat map With the location or lot clearly pointed out. 2. For bousing/building rehabilitation projects Wy, a budget describing the major components of the rehabilitation program planned,'and a photograph of the property. 3. For historic proprieties, include: Photographs of the property, and a description of any adjacent historic properties that maN° be affected by your activity. I certifj• to the accuracy of the above information. Name Title Date Name of Organization or Corporation If you have any questions or comments in regards to this form, please contact Pat Moore of Miami-Dade Department of Planning, Development and Regulation at 375.2803, or A.B. Mumford of tht Office of Community Development, at 375.3433. Unless otberwist indicated, this completed form and attachments should be forwarded to: Community Development Division Director Office of Community and Economic Development 140 West Flagler Street, Suite 1000 Miami, Florida 33130 Lvinroue I- - i.r. WW WW; r►r4Y�Dlruaala�lAa.pr� • TYrrrt Attachment E CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants. Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her i mowledge and behalf, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subwards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. BY: (SiQaature of Authorised representative) HAIPIE: (print name of r=Tn and authorized "presentative) aATE: NOTE Ow a uw%o Wmilf. 7.7 of !0 M ipn C b m r'Rr ?entor saw.stivoom owl - 3!4• PLYWOOD ID took al �epn • SOARD OF COUNTY COMMISSIONERS' NAMES TO APPEAR IN ALPHABETICAL ORDER AS LISTED ON FIRST SHEET OF CONTRACT DOCUMENTS. LETTERS SHALL BE BLACK ON WHITE BACKGROUND. • THE NAMES AND NUMBERS OF THE PROJECT AND PROJECT COST SHALL BE PLACED IN THE APPROPRIATE SPACES. • THE NUMBER OF SIGNS REQUIRED FOR THIS PROJECT IS THE SIGN(S) SHALL BE PLACED AS SHOWN ON THIS TYPICAL PROJECT SIGN PLACEMENT DIAGRAM OR AS DIRECTED BY THE ENGINEER. • COUNTY COLORS ARE PMS356 AND PROCESS BLUE. PLACEMENT IS INDICATED ABOVE X•LACltesn`1 t- -- low M ORZEN IF s a lV 1 � w"cx or WAtAR1Mm &n DVV= A ml7 su=twr llz; l j xacaaaxt+oons PROJECT NAME PROJECT NUMBER PROJECT COST CONTRACTOR D 'tt BOARD OF COUN Y COMMISSIONERS "u 3" aRtEN MIAMI•DADF N NLIAM) •DaDi COUNn'. FLORID k Special Provisions 1 of 1 tr Y 41✓ G 6 t io CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission - DATE: August 18, 1998 FROM: -Charles D. Scurr SUBJECT: Agenda Item # it City Manager Commission Meeting, August 18, 1998 COMMERCIAL WASTE COLLECTION ORDINANCE - AMENDMENTS AND SECOND READING The attached ordinance is submitted for its second reading. As discussed at the first reading on August 4 ', several additions have been made to the Ordinance. Specifically: These additions are: 1. Enforcement and administrative fees (Section-1-14 6). These are necessary to maintain safe and sanitary conditions mostly pertaining to waste containers. Conditions of non - compliance are defined and a fine schedule similar to that used by the City of Miami is imposed. This will provide the City with some clear sanctions and provide the franchisees with clear financial penalties if the City's service and cleanliness standards are not complied with. 2. Collection services, container usage, condition and requirements for placement location (Section 11 -17). This language mainly addresses minimum collection frequencies, container capacity requirements, and physical placement. 3. Duty to dispose of trash and prevent accumulations (Section 11 -18). This section prohibits trash and waste dumping, as well as the requirement to keep the area around the container(s) clean. Approval of the ordinance encompassing these additions is recommended. Attachment SENT BY: 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 8 -14 -98 ; 10:12 ; NGF, P. A.-y ORDINANCE NO. 305 663 6345 ;# 3/25 AN ORDINANCE OF THE MAYOR ANT) CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE. AMENDING AND RENUM BERING SECTION 11 -2, COLLECTION BY THE CITY; PROVIDING FOR ISSUING NON - EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONS'11TUTF A PROPERTY RIGHT; RESERVING TO TtIF CITY '1'IIf .POWER TO REVOKE FRANCHISES; PROVIDING FOR NON- TRANSFEREBALiTY OF FIUNCIIISF, LIMITATION OF CONTRACT, APPLICATION PROCEDURE, FFF,S, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, CITY MANAGER TO PROMULGATE REGULATIONS, SCHEDULES AND ROUTES, AND TERMINATION; REPEALING SECTION 11 -1, DEFINITIONS, AND SECTION 11-3' PERMIT REQUIRED FOR COLLECTION, TRANSPORT AND DISPOSAL; RETAININING SECTION 11 -2, COLLECTION BY THE CITY; RENUMBERING SECTIONS 11 -4 THROUGH 11 -11; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, Chapter 11 of the City of South Miami Code of Ordinances Provides that all garbage, trash and refuse accumulated within the city shall be collected, conveyed and disposed by the Public Works Department or a private licciised refuse collection firm; and, WHEREAS, the Mayor and City Commission deem it to be in the public interest to continue providing residential collection of municipal solid waste by the Public Works Department, to discontinue providing commercial solid waste collection and to provide for the issuance of non - exclusive franchises to qualified commercial solid waste haulers. NOW, THEREFORE, BE IT ORDAINED 13Y THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Page l of 23 Under - worcd words constitute the amendment Proposed. QuQuAg' 3c words are deleted. Remaining provisions are now in effect and rcma.in unchanged_ SENT BY: 1 2 3 4 5 6 7 8 9 to 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 8 -14 -98 ; 10:13 ; NGF, P. A.- 305 663 6345,# 4/25' Section 1. Section 11 -2 is amended and renumbered as Section 1.1 -1 to read: Sec. 11 -1. Collection of garbage and solid waste4ay in the City. All garbage, Irash and refuse and solid waste accumulated within the City limits shall be collected., conveyed, and disposed of by and through the Public Works Department of the City or a private Ikensed franchised refuse collection firm. No person, firm or corporation shall, for a fee, collect and dispose of or transport over the city streets any garbage, trash and refuse and solid waste except as provided in sestion 3 this chapter. Section 2. Section 11 -2 is created to read: Sec. 11 -2. Franchise Required. It shall be unlawful for any private person, fine or corporation to engage in the business of collecting garbage or solid waste within the City, without a valid franchise from the City. Section 3. Section 11 -3 is created to read: See. 11 -3. City Commission Authorized To Grant Franchise. a The City Commission is authorized, from time to time to grant one or cluore non - exclusive f - anchiscs granting the right and privilege to operate a garbage and trash collection system in, upon, over, and across the present and future streets, alleys, casements and other public places of the City for the urpose of collecting garbage and trash solely from commercial establishments as defined in this chapter, which desire these services within the limits of the City, (h) '1 °he franchisees shall he granted by Ordinance, and only after the applicant for the franchise; has filed with the City clerk, an application, and such other documentation as may reasonably be required to establish that the applicant meets all of the requirements of this chapter. (c) The franchises shall initially be granted a period of three years, and shall be renewable thereafter, for successive periods of one year upon Page 2 of 23 Underscored wordk condtute the amendment propnced. Qw4vock words are deleted Remaining provisions are now in effect and remain unchanged. SENT BY: 8 -14 -98 ; 10 :13 NGF, P. A. 305 663 6345 ;# 5/25 1 application of the franchisee and approval of the application by the City 2 Commission. 3 4 Section 4. Section 11 -4 is created to read: 5 6 Sec. 114. Definitions. 7 w 8 Biohazardlous Waste shall mean any solid waste or liquid waste which inay 9 present a threat of infection to humans. The term includes, but is not limited 10 to, non_liquid human tissue and body parts; laboratory and veterinary waste 11 which contains human- disease - causing a ents; used disposable sharps, human 12 blood, and human blood products and body fluids; and ether materials which 13 in the opinion of the Dc artment of Health and Rehabilitative Services 14 represent a significant risk of infection to persons outside the gene!acing 15 facility- 16 17 Biological Waste. shall mean solid waste that causes or has the capability 18 of causin disease or infection and includes, but is not limited to, biohazards 19 waste, diseased or dead animals, and other waste capable of transmitting 20 pathogen.s to humans or animals. 21 22 City shall mean the City of South Miami, Florida. 23 24 Commercial Establishments shall mean any business_ establishment of any 25 nature or kind whatsoever other than a residential unit._ 26 27 Director shall means the Director of Public Works. 28 29 Garbage shall mca.n every refuse accumulation of animal, fruit, vegetable, 30 or organic matter that attends the preparation, use, cooking and detailing in, or 31 Storage of, meats, fish, fowl, fruit, or vegetables, and decay, putrefaction and 32 the generation of noxious of ofT'ensive gascs or odors, or which, during or after 33 decay, may serve as breeding or feeding material for flies or other genn 34 egryin r insects. 35 36 Garbage Can or Container shall mean a container made of galvanized 37 nactal, durable plastic on other suitablc material of a capacity not less than ten 38 gallons and not to exceedd thirty gallons approved for ms by the City Manager 39 or his designee. Such container shall have two handles upon the sides thereof, 40 or a bail by which dirt may be lifted, and shall have a tight fitting solid top. Page 3 of 23 Underscored words constitute the amendment proposed. 4Aw okwk words are. deleted. Remaining provisions are now in effect and remain unehanged. SENT BY: 8 -14 -98 ; 10 :14 ; NGF, P. A.-� 305 663 6345;# 6/25 2 Gross Receipt shall mean the entire amount of fees collected by a 3 _franchisee, exclusive of state sales takes provided by law tiorn any person 4 within the City for garbage, hazardous, industrial, biomedical, biological, or 5 solid waste; construction and demolition, debris, trash, lifter refuse, and/or 6 rubbish collection, removal and disposal. 7 8 flazardomv Waste shall mean. solid waste, or a combination of solid wastes, 9 which, because of its quantity, concentration, or physical, chemical, or 10 infectious characteristics, may cause, or significantly contribute to an increase 11 in mortality, or an increase in serious irreversible or incapacitating reversible 12 illness or may pose a substantial present or potenti al hazard to human health 13 or the environment when improperly transported, disposed of, stored, treated, 14 or otherwise managed. 15 16 Indwaria/ Waste shall mean any and all debris and waste products 17 generated by manufacturing, food processing (except restaurants ), land is clearing, any commercial shrubbery or tree cutting, building construction or 19 alteration (except do-it-yourself home projects) and public works typ e 20 construction projects whether perfonncd by a government unit or by contract. 21 22 In �ctious Waste shall mean those wastes which may cause disease.^or may 23 reasonably be suspected of harboring pathogenic organisms. Included are 24 wastes resulting from the operation of medical clinics, hospitals, and other 25 facilities producing wastes which may consist of, but are not limited to 26 diseased human and animal parts, contaminated bandages, pathological 27 specimens, hypodermic needles, contaminated clothing, and surgical gloves. 28 29 Loose Refuse shall mean any refuse, either garbage or trash stored in and 30 collected from any type of container other than a mechanical container or 31 garbage can. Refuse which is collected from ground is considered loose 32 refuse. 33 34 35 36 37 38 39 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 franchisee. Per ormance Bonet shall mean the forth of security approved by the City and furnished by the franchisce as required as a guarantee that the franchisee Page 4 of 23 llndcr comd words constitute the amendment proposed. a word~ are deleted. Remaining provisions arc now in odect and remain unchanged. SENT BY: 1 2 3 4 s 6 7 8 -14 -98 ; 10 :14 ; NGF, P. A.- 305 663 6345;# 7/25 will Execute the work in accordance with the terms of this chapter and will pay all lawful claims. Recvclable Materials shall mean those materials which are capable of being recycled and which would otherwise be processed or d_.isposed of as solid waste. 8 #5fuse.shall mean both rubbish and garbage or a combination or mixture 9 of rubbish and garbage, including paper, glass, metal and other discarded 10 platter, excluding recyclable materials. 12 Refuse Regulations shall herein refer to regulations prescribed by the (ity 13 together with such administrative rules, regulations and procedures as may be 14 established under or pursuant to this Chapter. 1s 16 Solid Wavte shall mean refuse, yard trash, clean debris, white goods, 17 secia.l waste, refuse, or other discarded material. 18 19 Special Witste shall mean solid wastes that can reyuirc special handling and 20 management, including, but not limited to, asbestos, whole tires, used tires, 21 used oil, lead -acid batteries, mercury lights and biological wastes. 22 23 Section 5. Section 11 -5 is created to read: 24 25 Sec. 11 -5. Franchise Not To Constitute Property Right. 26 27 No f - dncWse nted ursuant to this ch to shall he deemed the property f 28 the holder thereof. 29 30 Section 6. Section 11 -6 is created to read: 31 32 Sec. 11 -6. City's Power To Revoke Franchise, Amend Regulations, 33 34 (a) The City reserves unto itself the power to revoke all franchises granted 35 want to this chapter, to change or limit the Ti ,'hts granted, or to 36 otherwise modify the franchises, in its sole discretion, by ordinance duly 37 enacted by it. Such action shall not be deemed a taking of a pr_ operty, 38 contract, or other right of any franchisee, it being the express intention of 39 this chapter to reserve unto the City, the power, in its sole discretion, to Page 5 of 23 Underscored words constitute the amendment proposed. Sue auak wordy are deleted. Remaining provisions arc now in effect and remain unchanged. SENT BY; 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 8 -14 -98 ; 10 =15 ; NGF, P. A.--t 805 663 6345;# 8/25 alter the methods of garbage collection employed in the City, and the manner in which to service garbage collections delivered within the City, (b) The City further reserves die power to amend this chapter from time to time at the sole discretion of its City Commission, and shall not be estopped to do so, notwithstanding the grant of any franchise or franchises to any person. Section 7. Section 11-7 is created to read: Sec. 11 -7. Non- Transferability. Franchises shall be non - transferable. Any attempt to t,ansfer legal, equitable or beneficial interests in any franchise shall render it void. Section 8. Section 11 -8 is created to read: Sec. 1.1-8. Limitation of Contract. No contract for the collection of garbage or trash within the City shall be for a term in excess of one year. or contain any provision for the automatic renewal of the contract. Section 9. Section 11 -9 is created to read: Sec. 11 -9. Application Procedure. Any person desiring a non- exclusive franchise to collect garbage or trash within the City from commercial establishments shall file an application with the City Manager. The application shall be on such form W% the City Manager may promulgate which shall at minimum include the following information. (a) 'i'he applicant's name, address. and telephone number. In the case of an applicant having more than one office within Dade County, the applicant shall designate a primary office from which accounts in the City will be serviced, and the address and ttlephonc number of all offices within Dade Coun ,which are supervisory to the office serving the City. (b) Evidence of insurance meeting the minimum requirements set forth in this chapter. Pagc 6 of 23 Under cored words constitute the arnendinent proposed. Qmwo w4k word;; arc dclotcd. Remaining provisions arc now in etfcxt and remain unchanged. SENT BY: 1 8 -14 -98 ; 10 :15 ; NGF, P. A.- 305 663 6343;# 9/25 2 (c) A complete list of die vehicles which will be used to service accounts in the 3 City. This list shall include the year, make, model number and license plate 4 number of each vehicle. 5 6 (d) Evidence that proposed franchisee has obtained all required county, state 7 and federal licenses or permits required to engage in the business of 8 garbage or solid waste collection. 9 10 (e) Evidence that the proposed franchisee has made arrangements to dispose 11 all garbage and solid waste collected by it outside the City limits, in. a 12 facility designed and licensed for the disposal of garbage and solid waste 13 and which meets all requirements of law. 14 15 (f ) The name, address business telephone and home tele . hone of one or more 16 responsible managerial employees who may be contacted by the 17 appropriate City officials in the event of an emergency, .^ 18 19 (g) If the applicant is other than a natural person, sufficient information to 20 identity the shareholders, partners or other persons holding any legal or 21 beneficial interest in the applicant in the excess of ten percent (10 %). 22 23 (h) A performance bond in the amount of $100,000, with good and sufficient 24 sureties conditioned upon the compliance of the terms of this Chapter and 25 such form as the City Attompy may require 26 27 Section l 0. Section 11 -10 is created to read: 28 29 See. 11 -10. Fees; Re ortin Re nirements. 30 31 (a ) Franchise Fee. 32 33 (i ) In order to compensate the City for the use of its streets, alleys, roadways 34 and other pro d for wear and tear, each franchisee shall pay the 35 City an annual fee of $5,000. In addition the franchisee shall Pay to the 36 City, a franchise fee of 15% of the franchisees' kross receipts from 37 accounts within the City serviced by franchisee. 38 39 This fee shall be in addition to any occupational license taxes levied bathe 40 City upon the franchisee's business activities Page 7 of 23 Underscored words constitute the amendment proposed. QW-WRI-1- Wordi are deleted. Remaining provisions are now in effect and remain unchanged. SENT BY: 8 -14 -98 ; 10:15 NGF, P. A.-r 305 663 6345;#10/25 1 2 (b) Reporting Requirements; Fee For Underpayment. 3 4 (1) Each franchisee, by accepting the franchise, shall agrcc to deliver to the 5 City Finance Department a true and correct statement of gross receipts 6 generated during the previous month from its services rendered within the 7 City on or before the last day of each month. Paymeas of fees shall be a _made on a monthly basis to the City Finance De Rartment on or before the 9 last day of each month, representing gross receipts collected the previous 10 month. The franchisee shall on or before 30 days following the close of 11 each fiscal year deliver to the director a statement of its annual gross 12 receipts generated from accounts within the city prepared by an 13 rode endent c�- rtificdpublic accountant mflccting gross rec eiPt< within the 14 city for the preceding fiscal year. The permittecs will allow city auditors, 15 during regular business hours after reasonable notice, to audit, inspcct, and 16 examine the permittees' fiscal books and records and tax returns, insofar 17 as they relate to city accounts, to confirm the pcnnittees' compliance with 18 this section. In the event the permittee fails to pay the lull franchise fee 19 percentage of the permittee's total monthly gross receipts, the fee shall 20 bear interest at the rate of one percent per month on the outstanding 21 balance until raid and additionally the permittee shall havc to pay all 22 expenses of collection, including court costs and reasonable attorneys fees. 23 24 (2) Each fianchisce, by accepting the franchise, shall agree to make its books 25 awl records available to the City Manger, or the City Manager's designatc_d 26 representative for inspection or audit during normal business hours, upon 27 receipt of 48 -hours written notice. 28 29 (3 ) If any audit or examination discloses an undcrpayrnent to the City greater 30 than 15% of a required payment, in addition to payment of the 31 underpayment, the franchisee shall pay for the expenses of the audit and a 32 enal equal to three times the underpayment. .33 34 c)l_nformation Required of Permittecs. 35 _ 36 At least annually, but not more frequently than quarterly, as determined 37 by the director, each pennittee shall supply the following information on 38 a form and in the manner prescribed by the director: 39 Page 8 of 23 Underscored words consdtutc the amendment pmpo ed. 4XvaaAruGk words are deletW. Remaining provisions arc now in effect aid remain unchanged. SENT BY: 8 -14 -98 ; 10:16 : NGF, P. A.- 305 663 6345 #11/25 1 a. A listing, as of the reporting date, of the names and addresses 2 of customers, the addresses of each location served, and 3 schedule of rates charged by the permittee. 4 5 (2) Vehicle Registration Fees, Each and every permittee shall pay, 6 in addition to the fees imposed by this article, an annual vehicle 7 registration fec which shall be in the amount of $25.00 for each 8 vehicle shown on the list required to he submitted as part of the 9 application. This fee shall apply to renewals of registration as well. 10 11 Section 11. Scc,-tion 11 -11 is created to read: 12 13 Sec. 11-11. Insurance. 14 15 (a) Each franchisee shall maintaui not less than the following insurance: 16 17 Comprehensive General Liability, $1,000,000 18 Property damage, $1,000,000 19 Automotive T.iability, $1,000,000 20 Workmen's Compensation as required by law 21 Completed Operations, $1,000,000 4 22 23 (b) Each policy shall. name the City as an additional insured and each franchise 24 shall deliver to the City the certificate or certificates of insurance 25 evidencing the existence of the policies. Each certificate shall provide that 26 the City will be afforded a 30 -day written notice in the event of the 27 cancellation of any of the policies for any reason. The insurance sha11 only 28 be written by companies rated not less than B +: VI according to the most 29 recent issuc_o_f Best Insurance Rating Guidc. The certificate shall be 30 submitted with a cover Ictter addressed to the City from the franchisee's 31 insurance agent or agents stating that they have read the provisions of this 32 section and that the insurance provided meets the minimum requirements 33 hereof. 34 35 c The insurance shall contain the foll.owi.ng endorsement. 36 �^ 37 In addition to the coverage stated in the body _y_ f the policy, the policy shall 38 indemnify and hold harmless the City of South Miami, its officcrs�agcnts 39 and employees from all claims for bodily injuries to the public in and up 40 to the amount of $3,000,000.00 for each occurrence and for all dams es to Pagc 9 of 23 Undc,mcored words constitute the amendment proposed. G;mwawk wards are deleted. "Remaining provisions are now ui effect and remain unchanged. SENT BY: 8 -14 -98 ; 10:16 ; NGF, P. A.9 305 663 6345; #12/25 1 the property of others in and up to the amount of $1,000,000.00 for each, 2 including costs of investigation, all expenses of litigation, including 3 reasonable attorney fees and the cost of appeals arising out of any such 4 claims or suits because of any and all acts of omission or commission by 5 the franchisee, his agents, servants, or employees, or through the mere 6 existence of the project under contract. 7 8 (d) All such policies shall be on an occurrence basis rather than a claims -made 9 basis. 10 11 The franchisee shall secure and maintain policies of its subcontractors. All 12 policies shall be made available to the City upon demand. The franchiscc 13 shall be responsible to the Qy. for the acts and omissions of any 14 subcontractor or persons employed b them. hem. 15 16 Section 12. Section 1 L -12 is created to read: 17 18 Sec. 11-12. Service Standards. 19 20 All garbage and solid waste collection service provided within the City shal_1 21 meet the following minimum requirements: 22 23 (a) All solid waste or garbage collection shall begin no earlier than 7:00 a.m. 21 Collection shall cease no later than 11:00 p.m. In case of an emergency, 25 collection may be permitted at other times provided that the contractor has 26 received prior approval from the City Manager, to be later evidenced by a 27 written rnemoranduln confirnzing the approval. Should the franchisee not 28 confinn and obtain in writing the approval to operate on an emergency 29 basis it shall be presumed that the franchisee did not obtained such 30 approval. 31 32 (h) All trash or solid waste collected within the City shall be transported to an 33 appropriate license dump or transfer or rcccivin station located out`sidc th_e 34 City limits. No transfer station or the facility for the temporary storage of 35 garbMc or solid waste other than the receptacles at the premises serviced 36 shall be permitted within the City. 37 38 (c) No vehicle used for the collection of garbage or solid waste shall be 39 permitted to be parked, stopped or stored within the City except for the 40 time reasonably required to empty garbage or solid waste containers at the Page 10 of 23 Underscored word, constitute the amendment proposed. fir+ -R—Ic words are deleted. Remaining provisions are now in effect and remain unchanged. SENT BY: 8 -14 -98 ; 10 :17 NGF, P. A.- 305 663 6345; #13/25 1 premises being served or to comply with traffic laws. The franchisee shall 2 be responsible for the maintenance of ail garbage or trash containers or 3 dumpsters in a clean sanitary manner. All equipment shall be kept in good 4 repair, appearance and in a sanitary and clean condition at al I times. The 5 franchisee shall have available reserve equipment that can be put into 6 service within two hours of any breakdown. Such reserve equipment shall 7 be of adequate size and capacity in order, for franchisee to perform its 8 contractual duties. A list of the franchisee's equipment shall b_ a given to 9 the City at the time of each annual audit. 10 11 d) Equipment is to be painted uniformly with the name of the franchisee, 12 business telephone number and number of the vehicle in letters not less 13 than two inches high on each side of the vehicle. All vehicles shall he 14 numbered and a record shall be kept of the vehicle to which each number 15 is assigned. No advertising shall be perinitted on vehicles,, except of events 16 sponsored by the City. 17 18 (q A11 containers used for the purpose of storing garbage shall be emptied not. 19 less often than two tinges weekly, or snore often as the City Manama 20 determines that the health and welfare public requires additional pick -ups. 21 Pick -ups shall be as evenly spaced as possible. 22 23 (t) The franchisee shall be responsible for the condition of all containers 24 rop vided for the storage of garbage or solid waste. All containers used for 25 the storage of garbage or solid waste shall be sanitized and otherwitie 26 maintained on a regular basis. 27 28 (g) Each garbage can, dumpstcr, or other container for the storage of garbage 29 shall be of such design as to prevent the infestation of the container by 30 insects or vermin.. 31 32 h Each kanchisee shall be responsible for determining the type of garbage 33 or solid waste generated by its customers and assuring the proper dis oral 34 of the garbage or solid waste. By way of example, franchisees servicing 35 medical offices or buildings containing medical offices shall be responsible 36 for assuring that the used bandages, dressings, needles and the like are 37 disposed in a manner appropriate for such items. 38 39 (i ) Each franchisee's solid waste collection em to ee shall, wear a uniform 40 shirt bearing the company's name. The franchisee shall furnish to such Page 11 of 23 Underscored words emnstitutc the amendment proix)sui. 43uyr ; word.¢ are deleted. Remaining provisions are now in effect and remain unchangc d. SENT BY: 8 -14 -98 ; 10 :17 : NGF, P. A.- 305 663 6345 #14125 1 employee an identifying badge not less than two and a half inches in 2 diameter with numbers and letters at least one inch high, uniform and type. 3 Employees shall be required to wear such badges while on duty. The 4 franchisee shall keep a record of employees names and numbers assigned. 5 The franchisee shall provide, at its expense, a suitable office located 6 within a close proximity to Miami -Dade County where telephone 7 complaints shall be received, recorded and handlcd during normal working 8 hours of each week and shall provided for prompt handling of emergencv 9 complaint along with the special emergency complaints or calls. to — 11 Each vehicle operator shall, at all times, carry a valid driver's license for 12 the type of vehicle that is being driven. 13 14 k) The franchisee shall assure that its employees serve the public in a 15 courteous, helpful and impartial manner. The franchisee's collection 16 employees will be required to follow the regular walk for pedestrians while 17 on private property. No trespassing by em loyccs will be allowed, no 18 crossing the propeM of neighboning premises unless residents or owners 19 of both properties shall have given. permission. Care shall be taken to 20 pEcvetit damage to property including, but not limited to, garbage cans, 21 carts, racks, trees, shrubs, flowers and other plants. 22 23 (1) Franchisee shall notify all customers in writing about complaint 24 procedures, rates and regulations. A copy of the procedures and any 25 amendments or updates shall be provided to the City of South Miami. 26 27 (in)Except for scrvicin ► of dum stern and servicing construction sites, a 28 franchisee that contracts for servicing of any property shall provide 29 garbage collection service and all related services required hy,the property. 30 31 Section 13. Section 11 -13 is created to read: 32 33 Sec. 11 -13. Ci Manager to Promulgate Regulations, 34 35 The City Manager shall be authorized to promulgate rules and r *ulations 36 as he or she may deem appropriate to effectuate the requirements of this 37 chapter and to assure that garbage and trash collection in the City is 38 performed in a manner as to promote the health, safety and welfare of the 39 residence of the City. 40 Page 12 of 23 Underscored words comstitutc the amendment proposed. QUIM III words M deleted. Remaining provisions are now in effect and remain unchanged. SENT BY: 8-14 -98 ; 10:18 ; NGF, P. A.--t 305 663 6345. #15/25 1 (b) In promulgating regulations, the City M. anager ,shall consider the best 2 available techuoi�y for the collection of garbage and solid waste and 3 require the use of such technology as is prudent and feasible_ The City 4 Manager sh all also consider the nature of the establishment and particular 5 level of services required. 6 7 Section 14, Section 11 -14 is created to read: 9 Sec. 11-14. Schedules and Routes. 10 11 (a) The City reserves the power to deny a franchisee's vehicles access to 12 certain streets, alleys and public Way inside the City in route to the dis ,osal 13 site where it is in the interest of the general public to do so because of the 14 condition of the streets. A franchisee shall not interrupt the regular 15 schedule or duality of service because of street closures less than eight 16 hours in duration. The City shall notify the franchisee of street closures of 17 longer duration and arrangements for service will be made in a manner is satisfactory to the franchisee and the City. Customers shall. receive 19 reasonable notification of the schedules provided by the franchisee r_p for to 20 commencement of service. Notification, material, methods and frequency 21 of delivery shall be approved by the City. Only local truck routes shall be 22 used in transit, unless snccifically for the pumose of collection. 23 24 (b) Storm. In case of a storni, the City Manager or his designee may ,*rant the 25 franchisee a reasonable variance from Eplar schedules and routes. As 26 soon as practicable after a storm_, the franchisee shall advise the City 27 Manager and the customer of the estimated time required before regular 28 schedules and routes can be resumed. 29 30 Force Majeure. The performance of any act by the City or franchisee_ may -31 he delayed or suspended at any time while, but only so long as, either paw 32 is hindered in, or prevented from, perfomiancc by acts of nature, war, 33 rebellion, strikes, lockouts or any other cause beyond the reasonable 34 control of the affected person. 35 36 37 38 39 40 Page 13 of 23 Underscored words constitute the amendment proposed. L ,moo words are deleted_ Remaining provisions are now in effect and remain unchanged. SENT BY. 8 -14 -98 ; 10 :19 ; NGF, P. A.� 305 663 6345; #16125 1 Section 15. Section i 1 -15 is created to read: 2 3 See. 11-15. Termination. 4 5 (a) In addition to its other powers pertaining to any franchise, the City reserves 6 the power to terminatc the franchise upon a fording of the Director that a 7 franchisec has failed to comply with one or more of the requirements of 8 this Chapter. 9 10 a. finding of a violation of this Chapter, the Director shall 11 n- y the franchisee in writing of the deficiency and provide the franchisee 12 an opportunity to dispute the Director's findings. The Director shall 13 provide the franchisee an opportunity for an informal hearing, if requested 14 within five days of rccei pt of the deficiency findings. is 16 (c) Rion- Payment of the franchisee of fees or failure to file the required report 17 shall be grounds for tennination, after ten days written notice, without 18 he_ aring. 19 20 Any decision, of the Dircctor under this section, with the exception of 21 pff 4gmph (c), may be reviewed upon written request by the aggrieved 22 franchisee to the City Manager. Notice of Appeal should be filed in 23 writing with the Dircctor no more than ten days after receipt of written 24 advice that the franchisee is terminated. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 e The City Manager shall set the date and time for hearing the appeal. The hearing shall be held not less than fourteen or more than sixty days after receipt of the notice of appeal. The City Manager or his designee shall either affirm the decision of the Dircctor or direct the Director to issue or reinstate the franchise, with or without conditions. Section 16. Section 11 -16 is created to read. See. 11 -16. Enforcement and administrative fees. (a) Any person who has not strictly complied with the provisions of this chapter shall be subject to the enforcement procedures as set forth herein: (1) If noncompliancc with this chapter is found, the code enforcement officer shall notif y the noncompliant party in writing and give him a Page 14 of 23 Underscoral words constitute the amendment proposed. QuvpAmask words are deleted. Remaining provisions are now in effect and remain unchanged_ SENT BY: 8 -14 -98 ; 10:19 ; NGF, P. A.--t 305 663 6945, #17/25 1 reasonable time to correct the non - compliance. Should the noncompliance 2 continue beyond the time specified for correction the City Manager or its 3 designee shall issue the noncomplaint party a notice of intent to impose an 4 administrative fee. The affected party shall have the option of requesting a 5 hearing with the City Manager or the City Manager's designee. All hearin4 6 requests must be made in writing. 7 8 2 Upon on receipt of said hearing request the City Manager or the City 9 _Manager's designee shall schedule a hearing not less than ten days from_, but 10 within 20 days of the date of such request. The City Manager or the Ci 11 Manager's designee shall notify the noncompliant party and the city attome 12 in writing, at least five days in advance, of the date, time and p lace of said 13 hearing and the specific condition of noncompliance with this chapter. If a 14 hcaring is not requested, the City Manager or the City Manger's designee may 15 impose an administrative fee in accordance with the minimum administrative 16 schedule contained in this chapter. 17 18 (3) The proceedings shall be as informal as is compatible with the essential 19 requirements of the lave. At said hearing, the noncompliant party shall be 20 given the opportunity to be represented by an attorney, to make a record of the 21 hearing by the use of a couii reporter, to call witnesses, to present documentary 22 evidence, and to otherwise properly present his position of defense The 23 admission of evidence shall be governed by the City Manager or the City 24 Manager's designee with the advice of legal counsel, if such be available 25 Strict rules of evidence, as in courts of law shall not apply. Fvidence is to be 26 admitted at the discretion of the City Manager or the City Manager's designee 27 consistent with generally accepted legal principles governing the admission of 28 evidence in administrative proceedings. 29 30 (4) Within ten days of the close of the hearing, the City Manager or the 31 City Manager's designee shall render his decision, in writing. determining 32 whether or not an administrative fee shall be imposed. The decision must be 33 based on a preponderance of the evidence and otherwise consistent with 34 generally acceptedprinciplcs of administrative law. 35 36 f5) Upon rendition of his determination in any hearing, the City Manager 37 or the City Manager's designee shall file his findings with the city clerk and 38 shall cause a true and correct copy of his order to be sent by registered mail, 39 return receipt !y guested, to the last known address of the noncom liant party, 40 Notice of said findin s may also be transmitted and Served in accordance with Page 15 of 23 Un&rxuired words constitute the amendmcmt Proposed. Q;NLxJ : words arc deleted. Remaining provisions arc: now in effect and remain Unchanged. SENT BY: 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 8 -14 -98 ; 10:20 ; NGF9 P. A.- 305 663 6345; #18/25 the provisions of paragraph (a) subsection (2) of this section. (6) LNny final determination of the City Manager or his duce may be appealed within 30 days to the circuit court of the 11 th Judicial Circuit of Florida in accordance with the Florida Rules of Appellate Procedure. (b) if the findings of the City Manager or his designee indicate that an administrative service fee shall be imposed upon the noncompliant party under this chapter, said administrative service fee shall be assessed in accordancc with the minimum administrative fee schedule as set forth. below- Acts/Conditions of Noncompliance Obstructing the code enforcement officer from performing its duties. $500.00 The placement of containers, garbage, trash, bulky and/or industrial waste on public rights-of-way. $75.00 Dum st r(s) not kept in approved garbage facility. $150.00 Failure of commercial establishment to have in effcet an agreement with a franchised waste hauler for the collection and removal of solid waste/garbagc from the premises. $250.(X) Failure to screen container. $50.00 Failure to remove raw or processed organic waste matter from food service establishment. $75.00 Failure to maintain property, sidewalk, alley, and/or public Tight-of-way... $50.00 Commercial container violation. $50.00 .Insufficient number of approved garbagc receptacles. $50.00 Uncontaincrized garbage or miscellaneous trash in receptacle area. $75.00 Unauthorized disposal of garbage or trash or other waste materials consist of industrial and bulky waste or other waste material. $500.00 Pagc 16 of 23 Underscored words conatitutc the amendment proposed. (A-F niClc words are deleted. Remaining provisions arc now in effect and remain unchanged. SENT BY: 1 2 3 4 5 7 a 9 10 11 12 13 14 as 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 8 -14 -98 ; 10:20 ; NGF, P. A.- 305 663 6345; #19/25 Disposal of trash or other waste materials placed in right -of -way at other than authorized time. $75.00 Iilc al dumping from a nonmotorized vehicle or unknown entity (i.e., doll , wagon, or wheelbarrow) $75.00 Failure of a refuse collection firm to obtain or maintain a franchise while mvi. ling waste collection services. $500.00 Ille al dum in from an automobile. $75.00 Illegal duLuping from a noncommercial. vchicle_ $250.00 Illegal dumPing from any commercial vehicle. $500.00 Garbage depomted at minidump site for bulky waste. S150.00 Use of neighborhood bulky waste transfer station by commercial establishment. $500.00 Im edin , salva 'n , and vandalism of bulky waste minidum sip 'te. $250.00 Trash not containerized or bundled. $75.00 Unauthorized bulky waste on right -of -way. $75.00 Garbage not containerized. $75.00 Litter on remises. $50.00 Sunken containers. $100.00 All other violations. $75.(0 The fees as stated herein arc payable and due by the noncompliant party within ten days of said person's receipt of the findings of the city m_ anager, or the city manger's designee, imposing such fees. Page 17 of 23 Undemored wordi constitute the amendment proposed. O"OR'90MV& words are deleted. Remaining provisiorn are now in effect and remain unchanged. SENT BY: 8-14 -98 ; 10 :20 ; NGF, P. A.- 305 663 6345; #20/25 1 (c) if the owner, • ent or occupant of any property within the Citv fails to 2 comply with any determination of the City Manager, or his designee, the 3 director shall cause such work to be done and shall keep an accurate 4 accounting of the costs thereof, whereupon the amount of such costs and the s interest thereon shall constitute and is hcreby imposed as a lien aga gg the 6 subject property with equal rank and dignity of any other special assessment 7 liens. An aggrieved parry may appeal both the fees and costs imposed under 8 this section to a court of competent jurisdiction in accordance with the Florida 9 Rules of Appellate Procedure. 10 11 (d) T- by an occupant of any commercial .property_other than 12 multifamily residential props to comply with the regulations set forth in this 13 chapter shall cause the City to revoke the certificate of use and occupational 14 license for said business. 15 .__.. 16 (c) _ In addition to any other remedies provided by this chapter or any other 17 city ordinance the director and the director of the department of public works 18 shall have judicial remedies available to them for violations of ihiti chapter or 19 any other lawful rule or regulation promulgated hereunder as enumerated 20 below but not limitcd to: 21 22 (1) They may institute a civil action in a court of competent jurisdiction to 23 establish liability and to recover (lama a for any costs incurred by the City in 24 conjunction witb the abatement of any condition prohibited by the provisions 25 of this chapter. 26 27 (2) Thcy may institute a civil action in a courtt of competent jurisdiction to 28 seek injunctive relief to enforce compliance with the terms of this chapter or 29 aiiy rule or regulation promulgated hereunder, to enjoin and prohibit said 30 violation or to compel the performance of actions which will result in 31 compliance with the terms of this eha ter. 32 33 (f} These remedies are cumulative and the use of any appropriate rertledY 34 shall not constitute an election of remedies by the depa.rlments. The use of one 35 rcm_ edy shall not preclude the use of any other~_ 36 37 R11 violations of this chapter may be brought before the code_ 38 enforcement board or may he prosecuted in the county court: 39 40 h�) Appointment of code enforcement officers. Page 18 of 23 Underscored words constitute the amendment proposal. A&WOMFw4 words are deleted. Remaining provisit -Avs are now in effix:t and remain unchanged. SENT BY= 8 -14 -98 ; 10 :21 ; NGF, P. A.-= 305 663 6345; #21/25 1 2 (1) 'The City Manager is hereby authorized to designate and appoint, as 3 code enforcement officers, certain city einployee(s), normally trained. and 4 assigned to inspection functions for the purpose of enforcing this chapter and 5 the rules and regulations pertaining thereto. 6 7 2) Code enforcement officers shall, while on duty: 8 9 a. issue notices of noncompliance and perform such other acts necessary 10 for enforcement of this chapter. 11 12 b. Perform such additional duties as may be prescribed by ordinance or by 13 administrative orders, regulations and directives as maybe issued by theme 14 Manager in order to enforce this chapter. 15 16 (3) . Code enforcement officers shall be identified either by special uniform 17 or badge or both. Code enforcement officers shall not carry firearms, 18 19 Section l 1 -17. Section l 1 -17 is crcated to read: 20 21 Section. 11 -17. Collection services, container usage, condition and 22 requirements for placement location. 23 24 (a) It shall be the responsibility of the owner, occupant, tenant or lessee of 25 the conunercial establishment to properly dispose of all trash, waste and 26 12rbage generated by such commercial establishment. Each commercial 27 establishment in the city shall have 'a sufficient number of garbage cans, plastic 28 baits or portable containers to accommodate all garbage, or solid waste to be 29 removed by the franchised refuse collection compact. 30 31 (h) The garbage or trash container site shall: 32 33 Be situated in an easily accessible location for collectors; 34 35 (2) Be a platform constructed of wood or concrete above ground level; 36 37 (3) Be constructed in such a manner as to discourage or eliminate the 38 possibility of rodents breeding under the platform; and 39 40 Page 19 of 23 Undcrscored words constitute the amendment p.ropo,cd. Qmraipm- words are deleted. Kcmaining provisions Arc now in effect and remain unchanged. SENT BY: 8 -14 -98 ; 10:21 NGF, P. A.-s 305 663 6345. #22/25 1 (4) Be screened from any street, alley, sidewalk or adjacent property. Such 2 screening shall be maintained innerp_etuity by the property owner. 3 4 (c) Sunken containers are hereby declared to be hazardous to the health, s welfare and safety of the residents of and visitors to the city and to the city's 6 waste collection personnel. Accordingly, such containers shall immediately 7 be replaced with approved containers and the holes where they were a rcviousl sunk shall be filled with clean, solid fill. 9 - — 10 d At no time shall any garbage cans, dumpstcrs or any containers, 11 whether such containers are approved or not approved, be placed upon any 12 street, alley, sidewalk, right of -way, or in any public arcs or upon any property 13 used by the public not owned or occupied by the person(s) placing such 14 garbage cans, dumpsters or containers. 1s 16 (e) _ The director or director's designee is hereby required and granted full 17 power and authority to designate the location of containers and the number of 18 containers to be kept at each location. 19 20 Scction 11 -18. Section 11 -18 is created to read: 21 22 Sec. 11 -18. Duty to Dispose of Trash and Prevent Accumulations. 23 24 (a) It shall be unlawful for the owner, manager, occupant, lessee of, or 25 other person responsible for any lot, parcel or tract of land on which 26 commercial establishments are located within the city to deposit, store, k_ecp, 27 or maintain, or permit to be deposited, stored, kept or maintained bulky or 28 industrial waste, and any other uncontainerized solid waste whatsoever upon 29 such property, adjoining rights -of -way, easements or alleys, except as 30 specifically authorized in this chapter. Propeit`y owners, occupants, tenants 31 and lessees shall be responsible for keeping the area around the dum Ste s) 32 or container(s) in a clean and presentable condition as well as keeping the 33 sidewalk, side parkway an Swale area and other �uhlic rights -otway clear of 34 all trash and litter, and shall maintain their property in a clean, litter -free 35 manner, including sidewalks, grass strips, swale area and other public rights - 3 6 of-way up to the edge of the pavement of any public street. Every merchant, 37 storekec er or operator of a business in the city shall sweep or cause to be 36 swept the sidewalks adjoining his respective place of business before 10:00 39 a.m_ every morning, or as often as necessary to keep the area clean, on each 40 day that such business shall be operated. Said sweepings shall be picked up Page 20 of 23 Underscored words constitute the amendment proposed. Au k words arc deietod. Remaining; provisions are now in effect and remain unchanged. SENT BY: 8 -14 -98 ; 10 :22 ; NGF, P. A.- 305 663 6345, #23/25 1 and not swept in the gutter. Failure to comply with the provisloms of this 2 section shall constitute a violation of this chapter; such failure may also serve 3 as the basis for assessment of an administrative fee. 4 5 (b) Whenever it is evident that there is a violation of this section, the code 6 enforcement officer shall do one or more of the following: 7 s Serve a notice of noncompliance, in a form prescribed by the director and 9 approved by the city commission, upon the owner, manager, occupant, 10 resi.dent, lessee or other responsible person by personal service, mail or by 11 posting a copy in a conspicuous place on the premises where the violation 12 exists. The notice shall specify a reasonable time, not to exceed 24 hours, in 13 which the noncompliance shall be rectified or stopped, commensurate with the 14 circumstances. In the event said notice is not complied with in the specified 15 time the officer or inspector may proceed with direct removal as outlined 16 below. The code enforcement officer inspector ma r:_ 17 18 (1) Camce a notice of noncompliance to be issued, in a form prescribed by 19 the director and approved by the City Manager, upon the owner, manager, 20 occupant, lessee or other responsible person by personal scmim, certified mail, 21. or by posting a copy in a conspicuous place on the premises where the 22 noncompliance exists. Tf said noncompliance has been found to exist by the 23 City Manager, or the City Manager's designee, such finding and determination 24 shall result in an administrative service fee being assessed for such 25 noncompliance hi the amount set forth in section 11 -16(b) hereof, with said fee 26 being assessable for each day the noncompliance exists until the condition or 27 conditions resulting in such noncompliance no lonacr exist. M 29 (2) Direct the department to remove, rerncdy or eliminate the 30 noncompliance and charge the responsible party for a special collection service 31 in accordance with the provisions of this chapter. 32 (Ord. No. 10128 § 1, 7- 10 -86; Code 1980, §,112-5, Ord. No. 11352, § 3, 4-25 - 3 3 266 34 35 Section 1.1 -19. Section 11 -19 is created to read: 36 37 Section 11 -19. Municipal Collection Service 38 39 _ Each franchised collection firm shall provide containers and waste 40 collection service to the City at the locations and in conformance with the Page 21 of 23 Underscored words constitute the amendment proposed. Qv#A&u k words arc; deleted. Remaining provisions an: now in effect and remain unchanged. SENT BY: 1 2 3 4 5 6 8 9 10 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 8-14 -98 ; 10:22 ; NGF, P. A.-� 305 663 6345. #24/25 criteria established below. The waste collection services for the city locations identified below shall be performed at no cost to the City and shall be home equally by the franchised collection firms. Container Information: Location Service Container Type Quantity Frequen„ cy of Service Public Works 2 cubic yds. 2 3 City Hall 2 cubic yds. 1 5 C.A.A. 2 cubic yds. l 5 Palmer Park 2 cubic yds. 2 5 Murray Park 2 cubic yds. 2 5 Section 20. Former scction 11 -1, Definitions, and former section 11 -3, Permit required for collection, tratiss ort and disposal; regulation of permittees, are repealed. scction 21. Donner sections 114 through 11 -1 l are renumbered to sections 1 l -16 throe 11 -23, respectivcl . Section 22. If any section, clause, sentence, or phrdse 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 reniainin portions of this ordinance. scction 23. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. scction 24. This ordinance; shall take effect immediately at the time of its passage Page 22 of 23 Underscored words constitute the amendment proposed t uilul atick words = deleted. Rcinaining provisions are now in effect and remain unchanged. SENT BY: 8 -14 -98 ; 10:23 ; NGF, P. A.- 305 663 6345; #25125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 25 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PASSED AND ADOPTED this,_ day of August 1998, ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Page 23 of 23 Underscored words congtitute the amendment proposccl. Qvcgwagwk wards are deleted. Remaining provicimt are now in eii'e c and remain unchanged. CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 8/14/98 AGENDA ITEM # FROM: Charles D. Scurr Comm. Mtg. 8118/98 City Manager Appointments to the CRB The attached resolution is sponsored by Mayor Julio Robaina and appoints members to the Community Relations Board. A number of the appointees demonstrated an interest in serving on this Board by attending a two -day workshop conducted by the Department of Justice. One of the recommendations from the Miami -Dade County Community Relations Board [CRB] was for the City to establish its own CRB. Ordinance No. 11 -98- 1659 brought to pass the re- establishment of the City of South Miami Community Relations Board. Prior to making the appointments one policy issue should be discussed. Two of the potential appointees are City of South Miami employees who reside within the City limits. The issue of having employees serve on the Board requires careful consideration. Both employees are fine individuals and would do an excellent job. However, there may be some inherent conflicts of interest with an employee serving on the CRB. For instance, one of the issues that the CRB could consider might involve the Department the employee works for. Additionally, should a crises situation occur, the employee may be in an on -duty capacity and not available as a CRB facilitator. ILI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE COMMUNITY RELATIONS BOARD; APPOINTING ROBERT GERALD MELIA, JR., RODOLFO L. PAGES, PINKY SANDS, LARRY LIGAMMARI, KATHY MCCANN, KAREN ZELLER, MARK A. HEBERT, LUIS FOSSE AND DAVID WALKER; TERMS SHALL EXPIRE MARCH 1, 2000 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, Ordinance No. 11 -98 -1659 re- established the Community Relations Board [CRB] and broadened its duties to include fostering mutual understanding, tolerance and respect among all economic, social, religious, sexual orientation, people with special needs, age and ethnic groups in the City; and WHEREAS, the city Commission desires to appoint individuals who have expressed an interest and have demonstrated a leadership role in their own groups. 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 Robert Gerald Melia, Jr., Rodolfo L. Pages, Pinky Sands, Larry Ligammari, Kathy McCann, Karen Zeller, Mark A. Hebert, Luis Fosse and David Walker. Section 2. The expiration date of those appointments shall expire March 1, 2000 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 1998. COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles D. Scurr f640, DATE: 8/14/98 AGENDA ITEM #. /40 Comm. Mtg. 8/18/98 RETIREMENT SYSTEM The attached resolution is sponsored by Vice Mayor Armando Oli veros, Jr. and directs the City Manager to initiate a cost comparative study between the city's current retirement system and the Florida State Retirement System as it relates to professional sworn personnel, administrative staff and general employees. This comparative study should also include the cost associated with providing those professionals with credit in the South Miami Retirement system for time employed in other governmental entities. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING RETIREMENT SYSTEM; DIRECTING THE CITY MANAGER TO INITIATE A COST COMPARATIVE STUDY BETWEEN THE CITY'S CURRENT RETIREMENT SYSTEM AND THE FLORIDA STATE RETIREMENT SYSTEM. WHEREAS, many of the city's professional sworn personnel, administrative staff and general employees come to be employed with the City of South Miami from other governmental agencies and pension systems; and WHEREAS, the Mayor and City Commission is committed to setting policy for the hiring of top professionals and want to provide an attractive and competitive retirement package; and WHEREAS, in order for the City to provide this premium benefit package to professional sworn personnel, administrative staff and general employees it is the desire of this Commission to initiate a cost comparative study between the City's current retirement system and the Florida State Retirement system; and WHEREAS, this comparative study should also include the cost associated with providing those professionals with credit in the South Miami Retirement system for time employed in other governmental entities. 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 directed to initiate a cost comparative study between the City's current Retirement System and the Florida State Retirement System. This study shall include the cost associated with providing professionals with credit in the South Miami Retirement system for time employed in other governmental entities. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of August, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: August 18, 1998 AN FROM: Charles D. Scuff SUBJECT: Agenda Item # City Manager Commission Meeting, August 18, 1998 PURCHASE OF PARKING METER MECHANISMS TO ACCOMMODATE NEW PARKING RATES The attached resolution seeks approval of a $93,258.00 expenditure for the purchase of 600 electronic parking meter mechanisms. The internal mechanisms will be installed in the meter housings throughout the downtown district. Most of the existing parking meters have the "mechanical" type (as opposed to electronic). . A number of advantages are derived from modernizing our parking meter stock with electronic mechanisms. These include: Increased revenue due to less "downtime" from vandalism (the electronics are less vulnerable to vandalism), routine breakdowns, and coin fraud. • A significant decrease in maintenance requirements. This is due primarily to the electronic mechanism themselves, also due to the age of the mechanical mechanisms (about 13 years old). • Ease of programmability. The modern mechanisms can be easily programmed to change the parking fee and meter time limit. Electronic meters also allow programming of fees and time limit on a time segment basis (the time limit may be increased during off- -peak hours, for instance). Given the planned increase in parking meter rates, the purchase of these parking meter mechanisms is timely. The cost to re- program the existing mechanical meters is approximately \continued... 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ACQUISITION OF 5 600 EAGLE "CK" PARKING METER MECHANISMS FROM DUNCAN 6 INDUSTRIES AUTHORIZING THE DISBURSEMENT FOR THE 7 ACQUISITION TO BE TEMPORARILY CHARGED TO ACCOUNT 8 NUMBER 001- 0000 - 155.0000, TITLED PREPAID EXPENSES FOR 1998/99 9 FISCAL YEAR BUDGET AND APPROVING THE PAYMENT TO BE 10 TRANSFERRED TO ACCOUNT NUMBER 300- 2100 - 519.6435 TITLED 11 "CAPITAL PROJECT FUND PARKING METER ACQUISITION" IN THE 12 1998/99 FISCAL YEAR BUDGET. 13 14 WHEREAS, in the 1998/99 fiscal year budget, the City Manager has proposed for the 15 City to acquire new parking meter mechanisms to accommodate" the change in parking meter 16 rates, scheduled to go into effect next fiscal year, and 17 18 WHEREAS, in order to expedite the acquisition process` and to ensure delivery of the 19 equipment before the effective date for the rates change, the City Manager deems it necessary to 20 place the order at this moment, and 21 22 WHEREAS, the City Administration has received a price quote of $155.43 for each 23 mechanism, same as contract price extended to City of Tampa from Duncan Industries Parking 24 System (see attached letter), and 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI: 28 29 Section 1. That the City Administration is hereby authorized to purchase 600 parking 30 meter mechanisms from Duncan Industries Parking' Control Systems for a total price of 31 $93,258.00. 32 33 Section 2. That the disbursement be temporarily charged to account number 001- 0000 - 34 155.0000, titled "Prepaid Expenses ", pending final approval of the 1998/99 fiscal year budget, at 35 which time it will be transferred to account number 300- 2100 - 519.6435, titled "Capital Project 36 Fund- Parking Meter Acquisition ". 37 38 Section 3. That this resolution shall take effect immediately upon approval 39 40 PASSED AND ADOPTED this day of , 1998. 41 42 ATTEST: APPROVED: 43 44 45 CITY CLERK MAYOR 46 47 READ AND APPROVED AS TO FORM: 48 49 50 CITY ATTORNEY MAYOR AND COMMISSION PAGE TWO AUGUST 18, 1998 $80 per mechanism. By contrast, the new electronic mechanisms can be easily programmed for the new rates and placed in the meter housing. Funding for this purchase will be provided from account number 300- 2100 - 519.6435 titled "Capital Project Fund - Parking Meter Acquisition" to be created for the 1998199 fiscal year. At this time, the disbursement will be temporarily charged to account number 001 -0000- 155.0000 titled "Pre paid Expenses for the 1998199 Fiscal Year Budget ". The purchase of these new, state -of -the -art electronic mechanisms is a good long -term investment which will enhance the City's revenue, service, and image. It is recommended that the City proceed with the purchase now. Purchase now will provide for receipt of the new mechanism in early October so that possible parking fee adjustments can be implemented at the start of FY 1998 -99. Approval is recommended. Attachment Duncan Industries N PAWM C=ONTROL SYSTEMS 340 INDUSTRIAL PARK ROAD � �unowcs� voMr nwr RO. BOX 849 TELEPHONE: (870) 741.5481 HARRISON. ARKANSAS 72801 FAX: (870) 741 -2858 August 10, 1998 Mr. Ran Stroyne 8troyne Brothers South 7822 South West 66th Street Miami, FL 33143 RE: Price Quote for South Miami Project Dear Ron: Pursua►r�t to your request for pricing on the upcoming South Miami, FL project, their cost for 600 Eagle "CK" mechanisms will be $155.43 each. This is the exact same contract price that was extended to the City of Tampa for Eagle "CK" mechanisms. Duncan will pay freight charges to the South Miami destination. These products will carry a one year warranty. I look forward to working with you and the City of South Miami on this project Please call when you are ready to proceed. S cerely, PARKER RR1NGTON 0-ou Regional 'Sales Manager 1610 Rio _Cove Court Orland+ , ',FL 32825 I 600 • x Ph# 1 -800- 499 -1649 155-43 = ;a 93)258 UU CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: From: Charles Scurr City Manager August 11, 1998 Agenda Item # lir Subject: Comm. Mtg. 8/18/98 Shuttle Service The attached resolution approves an up -front pay out from the Shops at Sunset Place in the amount of $225,000.00 to the Community Redevelopment Agency to fulfill the Shops obligation to provide shuttle service. The Development Order for Shops at Sunset Place requires the City to pay "up front for a shuttle service. After the City has expended its own funds, the Shops at Sunset Place is required to pay for 20 hours per week of that service. The City's Comprehensive Plan states that the City will implement a shuttle service by the end of 1998. The CRA Plan includes Trolley Service as one of its programs for early implementation. Staff and the CRA Consultant devised a plan to achieve all three objectives. Mr. Delaney obtained approval from Florida Department of Community Affairs to insure that this arrangement was not considered a significant deviation of the development order between the City and the Shops. Then terms were negotiated with representatives from the Shops. The Shops at Sunset Place will make an advance payment of $225,000 to the CRA to fulfill their obligation to provide shuttle service. The CRA will initiate operation of the trolley service, which will satisfy the Comprehensive Plan objective and an important Quick Victory for the CRA. The trolley route will begin with stops at the Metrorail station, Shops at Sunset, and South Miami Hospital. The service will be expanded when feasible to include other stops, and possibly two trolleys. The contract and cost for the first year of the shuttle service have not been negotiated, but we expect this amount to cover two years of operation of a trolley. This innovative approach to finding solutions that meet identified community needs and objectives is an excellent example of what the South Miami Community Redevelopment Agency will accomplish for this community, and it represents one of the first major Quick Victories for the South Miami Community Redevelopment Agency. I recommend approval. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN APPLICATION BY BAKERY ASSOCIATES, LTD., TO MODIFY THE SCHEDULED SHUTTLE SERVICE PROVISION SET FORTH IN RESOLUTION 133 -94 -9534; PROVIDING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND AN ORDER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 6, 1994, the City Commission voted to adopt Resolution No. 133 -94 -9534, which granted a development order for changes to a previously approved Development of Regional Impact for the Holsum Bakery Centre Development of Regional Impact; and WHEREAS, on December 6, 1994, the City Commission also adopted Resolution No. 13494 -9536, which granted a special exception from strict adherence to the Hometown District Overlay Ordinance; and F WHEREAS, on May 2, 1995, the City Commission voted to approve a second special exception via Resolution No. 70 -95 -9619, which granted approval for the Shops at Sunset Place project; and WHEREAS, on May 16, 1995, the City Commission voted to approve Resolution No. .78- 95-9627, to amend errors and dates for Resolution No. 133 -94 -9534 in accordance with the 2nd special exception; and WHEREAS, the City desires to provide a master, area -wide shuttle system, and the City has required Bakery Associates, Ltd. ( "Bakery") to supplement this shuttle system and its hours of operation; and V41EREAS, the City has formed a community redevelopment agency, the City of South Miami Community Redevelopment Agency ( "CRA "), which, together with the City, will now provide this shuttle service; and WHEREAS, the Depaitrnent of Community Affairs ( "DCA "). the City and the CRA have issued their approvals to liquidate Bakery's obligations regarding the shuttle upon delivery to the CRA of a lump sum payment as set forth in the approval letter marked Exhibit "A" and attached hereto and made a part hereof; and WHEREAS, Bakery's lump sum payment to the CRA in the unount of $225,000.00 shall release Bakery from and extinguish any and all obligations of Bakery in connection with the shuttle; and WHEREAS, the City and the CRA shall provide shuttle service for South Miami which shall operate on the schedule and shall include, at a minimum, the stops as set forth in Exhibit "B° attached hereto and made a part hereof; and WHEREAS, Bakery has made an application for modification of Specific Conditions, Paragraph 5 of Resolution 133 -94 -9534 to permit the City and the CRA to operate the shuttle service, to establish key service locations and to establish days and hours of operation for the shuttle as set forth on Exhibit "B" and to be consistent with hours of operation of the Bakery Centre project, and to extinguish all obligations of Bakery regarding shuttle service provision in exchange for Bakery's lump sum contribution to the CRA for shuttle service in the amount of $225,000; and WHEREAS, the Mayor and City Commission find that it is in the public interest to approve a modification to the shuttle service provision in exchange for Bakery's monetary contribution for such service. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: (a) FINDINGS OF FACT. (1) The recitals in the Whereas clauses are incorporated into and made a part of these findings of fact. (b) CONCLUSIONS OF LAW. (1) Based on the application submitted for a modification to the special exception and the representations of the applicant at the public hearing, the applicant has satisfied its burden of demonstrating that: L The Bakery Centre redevelopment, as modified, will continue to contribute to, promote, and encourage the improvement of the Hometown District and catalyze other development as envisioned in the Hometown District regulations; ii. The proposed redevelopment is still compatible with the land uses and development intensities prescribed by all applicable City regulations; iii. The proposed modifications to the special exception are compatible with the design criteria established for the Hometown District and with the overall image of the City; iv. The proposed modifications do not impair the effective management of traffic, parking, lighting, noise, and -waste generated by the development, nor do said modifications create adverse impacts on public facilities and services; V. The proposed modifications do not expand the permitted uses within the Hometown District; vi. The proposed modifications will not have an unfavorable effect on the economy of the City of South Miami; and vii. The proposed modifications, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. (c) AN ORDER. (1) The City and the CRA shall create and submit a shuttle service plan and shall operate or control operations of the shuttle service. (2) The shuttle service days and hours of operation shall be as set forth on Exhibit "B" and will be consistent with days and hours of operation of the Bakery Centre project, with shuttle service available one (1) hour before opening and continuing until one (1) hour after closing. (3) Shuttle service shall be in place and operation prior to the Bakery Centre project opening for business with the public. (4) Key shuttle service locations shall include, but not be limited to, those stops as set forth on Exhibit "B ". (5) Advertising space for The Shops at Sunset Place shall be provided on the interior and exterior of the shuttle. (6) Lump sum payment by Bakery to the CRA in the amount of $225,000.00 on or before September 15, 1998 shall release and extinguish any and all obligations of Bakery regarding the shuttle service. (7) Resolution No. 133 -94 -9534, as amended by Resolution No. 134 -94 -9536, as further amended by Resolution No. 70 -95 -9619, and by this resolution, shall remain in full force and effect. In the event of any conflict between this resolution and prior resolutions, this resolution shall govern. If any section, clause, sentence, or phrase of this resolution is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not affect the validity of the remaining portions of this resolution. Section 4- Effective Date. _, This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY .f APPROVED: MAYOR EXHIBIT "A° Approval Letter Shuttle Modification Resolution: August _, 1498 Page 5 817=: H :%STAFPPISE13AKERYISHUTTLE2.RES 04!' 21 / 1995 05: 31 5615453344 DELAhdE'Y FOR SENATE PAGE 02 DON DELANEY $422 ROYAL STREET' HOBE SOUND, FLORIDA 33455 (561) 545 -3344 (phone /fax) April 20, 1998 Tom Beck, Bureau Chief Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 Dear Tom; Cpy. �21,9gH OFF cf I am writing you on behalf of my client, the City of South Miami, regarding what I believe to be a non - deviation to a DRI approved by the City in 1989 by resolution number 65-82-4065-89 for the "Holsum Bakery Center DRL" I am asking that DCA make a determination as to whether or not there will be administrative or legislative procedural requirements that need to be addressed in order for the applicant to advance funds at an accelerated rate beyond what stated in the resolution number 133 -94 -9534 (copy attached, see page 7 and 8). in simple terms, the DRI applicant offered the City an amount not to exceed $250,000 paid over a multi -year period to help cover the costs of a trolley to reduce the demands of parking and automobile traffic. The City has created a community redevelopment agency (CRA) which will be implementing a trolley service covering the some routes with additional stops in residential areas and the new MetroRail Center as part of its redevelopment program. The City's goal is to allow the DRI applicant to pay an amount commensurate to the present value of the agreed - upon total contribution. These funds then would allow the CRA to set -up its trolley program almost immediately as opposed to searching for matching funds and implementing the trolley program slowly and in pieces. The legislative language addressing the DRI applicant's commitment to the trolley service is expressed on pages seven and eight of the attached resolution. This condition replaces Section 4, Paragraph P of the original development order when it was adopted by the City Commission in 1995. My interpretation is that the simple acceleration of this payment is not a deviation, substantial or non - substantial, and is only a form of implementation of an agreed - upon term and should not require even a resolution by the City Commission. I would 04/21,1998 C15:31 5615453344 DELAfaE'v' FOR UEHATE PAGE 03 request a written: response from your office that directs us as to the easiest route available for us to accept these funds and to implement our trolley program and our redevelopment efforts quickly. Thank you. Sincerely, Don Delaney Attachment cc: Diana Morris, Deputy City Manager, City of South Miami Tom Schneider, Sr. Vice - President, Simon - Debartolo Croup (w /o attachment) STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F. MURLEY Governor Secretary May 18, 1998 Mr. Don Delany 8422 Royal Street Hobe Sound, Florida 33455 Dear Mr. Delany: Thank you for your letter dated April 20, 1998. The letter asked the Department to determine whether it was necessary to submit a Notice of Proposed Change (NOPC) in relation to the submission of funds to the City of South Miami from the DRI applicant for the "Holsum Bakery Center DRI." The applicant wishes to pay the total funds, not to exceed $250,000, prior to the time contemplated in resolution number 133 -94 -9534, Section 3, Condition 5. The funds submitted to the City are to cover costs of a trolley system to reduce the demands of parking and automobile traffic. Your letter indicates that you believe this payment will be submitted sooner than the time contemplated in Condition 5. In addition, you interpret the acceleration of this payment not to be a deviation and would therefore not require the submittal of a NOPC. The Department has reviewed resolution number 133 -94 -9534, Section 3 and concurs that acceleration of the payment is not a change that is a substantial deviation or requires the processing of a Notice of Proposed Change. If you have any further questions please contact Paul Digiuseppe, Planning Manager, Dave Kemp, Planner II, or Abbye Hope Glaser, Planning and Evaluation Specialist at (850) 487 -4545. Sincerely, Michael D. McDaniel Growth Management Administrator MDM/ahg cc: Eric Silva, South Florida Regional Planning Council Greg Oravek, City of South Miami Diana Morris, City of South Miami 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN FIELD OFFICE P.O. Box 4022 FIELD OFFICE 2796 Overseas Highway, Suite 212 8600 N.W. 36th Street 155 East Summerlin Marathon, Florida 33050 -2227 Miami, Florida 33159 -4022 Bartow, Florida 33830 -4641 E)UMrr uBx Stops to include, at a minimum: Shops at Sunset Place South Miami Hospital Metrorail Garage Shuttle Modification Resolution: August ____, 1998 Page 6 S J7148• .H:iSTAFMISEWAKERYiSHUTTLE2.RES C. There is a Metrorail station in the heart of the City's only intensive development area, this Metrorail station puts extraordinary commuter rail transit service at hand. Further. development of the area around the Metrorail station will further state and local goals for "in- filling" already urbanized areas and reducing urban sprawl. d. Bus service with 30 minute headwav is available along Bird Road. The availability of this transit service justifies the above level -of- service designation on Bird Road. e. In enacting this plan the City has very substantially reduced the amount of development that was permitted under the plan effective prior to 1989 and its implementing zoning ordinance. The City understands that the Florida Department of Community Affairs believes reasons "a" through "e" are sufficient justification for the standards set forth in "1" through "4" above, but that more permissive standards would not be consistent with the City's responsibility to help minimize traffic congestion. (90 -1) Policy 1.1.2 Continue to utilize the development plan review process to control roadway access points and on -site traffic flow. stmets. (97 -1ER) Objective 1.2 Achieve coordination of the Future Land Use Plan and this element. See policies for measurability. Policy 1.2.1 Avoid any major street widenings, in conformance with the Land Use Plan recommendations that call for protecting and enhancing both the residential neighborhoods and downtown. Policy 1.2.2 By 1990, - Continue to review and refine the land development code to assure adequate on -site parking and traffic flow through site plan reviews. (97 -1ER) Objective 1.3 Coordinate City transportation planning with regional agencies to facilitate convenient and efficient motorized transportation. See policies for measurability. Policy 1.3.1 Work with the MPO and other regional transportation planning officials to secure changes in their plans to widen State and County roadways within Ci ty of South Miami dtifin - 1999 1992. (97 -1ER) Policy 1.3.2 By 1999, undertake facility and program improvements to enhance use of Metrorail and buses including adequate access to the Metrorail Station to facilitate convenient and efficient "motorized" transportation. Policy 1.3.3 Work with the MPO to achieve bus service to major employment concentrations. Policy 1.3.4 By 1998. establish a shuttle service system to include major commercial and institutional sites in the Transit- Oriented Development District in conjunction with the South Miami Metrorail transit station. (97 -lER) Element 2 Page Number 64 d. Encourage transit use by provision of bus shelters, development of turnout lanes, or provision of other amenities to increase ridership. e. Provide on -site bicycle storage facilities to encourage use of alternative modes of transportation. f. Mulch, spray, or grass exposed areas to prevent soil erosion and minimize air pollution. 2. Design, construct and maintain the stormwater management system to meet the following standards: a. Retain the first flush (at least first one inch) of runoff from project roadways and pervious parking areas in exfiltration systems or deep wells. b. Retain the first flush (at least first one -half inch) of runoff from uncovered project parking areas and loading docks in vegetated swales . Swales will be constructed so that water will infiltrate within 24 hours. c. Prevent direct discharge of stormwater which has not been treated pursuant to Conditions 2a or 2b above. d. Install pollutant retardant structures to treat all stormwater runoff at each of the project outfall structures (down - turned pipe or other Dade County Department of Environmental Resources Management approved device) and at the drainage structures which contribute runoff from impervious areas to surface waters, and periodically remove pollutant accumulations. e. Vacuum sweep all parking lots of eleven or more parking spaces and private roadways serving the parking lots at least once per week. 3. Ensure that the surface water management system shall be owned and maintained consistent with Fla. Admin. Code R. 40E- 4.381(2)(h). 4. Incorporate energy conservation measures into the design and operation of the Development. At a minimum, construct all facilities in conformance with the specifications of the State of Florida Energy Efficiency Code for Building Construction (State Energy Code) . Evaluate using natural gas and renewable energy sources (e.g. solar heating for water heating). Consider participating in the South Miami Cool Communities Program. 5. Ensure that not less than 5% of the trips generated by the development use the Metrorail system. To this end, the applicant will provide regularly scheduled shuttle service between 7 the development, off -site parking facilities and the South Miami Metrorail Station. The shuttle service will serve the development from points along Red Road and Sunset Drive, and make one or more stops along Sunset Drive at locations between the development and U.S. 1. The initial days and hours of operation of the shuttle service will be Wednesday and Thursday, 6:OO p.m. to 10:00 p.m.; and Friday and Saturday, 6:00 p.m. to 12:00 a.m. (midnight). The ,_,,capital and operations cost of the shuttle system shall be the responsibility of the applicant. The applicant shall submit a shuttle service plan to the Director for approval prior to the issuance of the first Certificate of Occupancy. The City shall determine the feasibility of an area -wide shuttle system as part of its Evaluation and Appraisal Report (EAR) requirement under Chapter 163, Florida Statutes. This element of the EAR will be completed not later than July, 1995. Implementation of an area -wide shuttle system will be considered by the City Commission during its 1995 budget review. At such time as the City establishes an area -wide shuttle system, the applicant shall expand its hours of operations to be the same as the City system. It will also contribute its fair share of the capital and operations cost of the system. Its initial capital and operations costs will be credited to its fair share. The applicant's shuttle service plan and the City's plan will be submitted to the Dade County Transit Authority for its review and evaluation. The applicant will design and incorporate into the parking garage a location for the connection of a future pedestrian overpass from the South Miami Metrorail Station. The location must be at an elevation of at least 30 feet. The design and construction necessary to provide for the overpass connection shall be at the applicant's sole cost; however, the applicant shall not be required to spend more than $250,000 to meet this condition. This limitation on cost is not intended to require an expenditure, but to provide a ceiling of the applicant's obligation, and to the extent the applicant can meet this condition without cost the condition shall be satisfied. This condition replaces Section 4, paragraph p of the original D.O. 6. Incorporate the use of water sensors and other low volume landscape irrigation techniques to reduce the demand on the region's potable water supply. 7. Design and construct a landscaping plan so as to minimize water usage, use native species for exterior landscaping to the maximum extent practical, and avoid species which have or may have potentially noxious characteristics, require extensive irrigation or fertilizer, are prone to insect infestation and disease, and have invasive root systems. 8. Design and construct improvements to Sunset Drive and adjoining sidewalks and crosswalks, from the building fronts on the north side and to the building fronts on the south side of the road, from the intersection with U.S. 1 to the intersection with 57th Avenue (Red Road). The improvements shall include, but not be 8 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: August 11, 1998 16 Agenda Item # From: Charles Scurr Subject: Comm. Mtg. 8/18/98 City Manager CRA Consultant The attached resolution authorizes the City Administration to enter an agreement with Don Delaney, doing business as SDI, Inc., Hobe Sound, Florida, extending and modifying the terms and conditions approved in Resolution #30 -97 -1001. This resolution and the attached modified agreement places Mr. Delaney on a monthly retainer with the city to provide consulting services to the South Miami Community Redevelopment Agency on a reduced level now that the Plan has been written, submitted and approved by the County Commission. The contract also adds other services targeted to optimize the success of the South Miami CRA. These services include: • pursuit of private sector funding; • assisting in review and analysis of development proposals; • representing the city to private sector development interests; • services relating to identifying both public and private funding sources; • preparing grant/funding applications relating to CRA, and representing the city as appropriate during the grant/funding application process; • serving as lobbyist relating to these grant/funding applications when appropriate. This coordination of tasks will serve to greatly expand and enhance the resources available to fund CRA programs and projects, and accelerate the community improvements. It is essential that the programs approved in the SMCRA Plan be properly established in accordance with the Interlocal Agreement and with Chapter 163 part III, Florida Statutes. The life of the CRA can extend to 30 years, and failure to properly establish these long -term programs could jeopardize the long -term success of the agency. The South Miami CRA has the potential of being the most successful CRA in Miami - Dade County with the initial tax increment from the Shops at Sunset Place. More than $11,000,000 in tax revenues generated within this community that would otherwise have been used throughout the County will be returned to the city for economic development. This is a tremendous return on the city's investment in creating the CRA. The creation of the agency is almost complete. The task before us now is to ensure that we produce results and effect change. The economic impact this agency can generate is monumental. Its early success will set the stage for its overall success. Staffing will be achieved by assigning 50% of the Deputy City Manager's time to CRA, and continuing to utilize Mr. DeLaney as our CRA Consultant. Mr. Delaney and the Deputy City Manager have established a goal for the SMCRA to generate approximately $500,000 in non -TIF funds for the agency during the first year of the life of the agency. These funds will be generated from alternate public and private funding sources. As you know, the first year TIF revenue will be extremely low. This tax year the assessment within the CRA area has again declined — reinforcing the need for Community Redevelopment. It is important to maintain the momentum and to follow through with the promises made to this community to make some positive economic changes within the CRA area. The CRA's long -term success depends upon our early commitment and our ability to establish and implement the programs we have planned for the community. Mr. DeLaney has conducted one -on -one briefings with each of you regarding the required next steps and the projects that are already underway — including the Quick Victory projects that will be forthcoming. Mr. DeLaney agrees to provide a minimum of 3 days per week to the South Miami Community Redevelopment Agency to complete the final steps in the establishment of the CRA — the negotiation of the Interlocal Agreement with Miami -Dade County, the programs and project implementation phase for this agency, represent the city to private sector development interests, as well as grant/funding applications, presentations, and lobbying services relating to CRA. The monthly retainer fee for Mr. DeLaney is $9,600 per month. This fee will be charged to general ledger account #001 -0000- 132.15.00 titled, "Advances to other funds /CRA Prepaid Expenses." In accordance with resolution #204 -98- 10472, expenses incurred by the CRA will be advanced anticipating reimbursement from the Community Redevelopment Agency TIF funds. All related expenses such as printing, secretarial support, printing and copying, travel, lodging, and meal expenses, relating to tasks to be performed under this contract are the responsibility of the Consultant. I recommend approval. I RESOLUTION NO. 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT 6 CONTRACT, AUTHORIZING THE CITY ADMINISTRATION TO EXTEND 7 A CONTRACT WITH DON DELANEY,DBA, SDI, INC., ON A RETAINER s BASIS, UNDER TERMS APPROVED BY RESOLUTION # 30- 97- 10001, 9 FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY 10 REDEVELOPMENT AGENCY (CRA) PROGRAM IMPLEMENTATION, 11 TAX INCREMENT FINANCING,GRANT WRITING AND LOBBYING 12 SERVICES RELATED TO CRA, AND OTHER ACTIVITIES RELATED TO 13 THE CITY OF SOUTH MIAMI CRA AT A MONTHLY RETAINER FEE OF 14 $9,600 PER MONTH BEGINNING SEPTEMBER 1998. THE 15 EXPENDITURE WILL BE PAID FROM ACCOUNT # 001 -0000- 132 - 15.00, 16 "CRA PREPAID EXPENSES." 17 18 WHEREAS, the Mayor and City Commission strongly support the expeditious 19 implementation of the South Miami Community Redevelopment Agency Plan designed 20 and created to bring economic equity to the city's CRA area, and improve the quality of 21 life for those South Miami residents who live within its boundaries; and 22 23 WHEREAS, the Mayor and City Commission recognize that improving the 24 declining tax base in the designated area will benefit the entire community, and can be 25 accomplished if redevelopment efforts are fostered and supported; and 26 27 WHEREAS, the City of South Miami's Community Redevelopment Agency has 28 been created and approved by the Mayor and City Commission, and approved by the 29 Miami -Dade County Board of County Commissioners in accordance with Chapter 163, 30 Part 111, Florida Statutes; and 31 32 WHEREAS, the Mayor and City Commission has determined that Mr.Don 33 Delaney, dba SDI, Inc., has provided excellent service under the present contract and 34 possesses unique qualifications and expertise; and 35 36 WHEREAS, the Mayor and City Commission has determined that it is prudent to 37 continue utilizing the professional services of Don Delaney, dba SDI, inc., to perform 38 necessary work related to community redevelopment, tax increment financing, pursuit of 39 private sector funding, CRA related grant writing and lobbying services, and other CRA 4o related services as requested by the city; and 41 42 WHEREAS, Don Delaney, dba SDI, Inc., a Consultant with office in Hobe Sound, 43 Florida, possesses the requisite skills, knowledge, expertise and resources to perform 44 the services required; 45 46 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 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 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration is authorized to execute a contract with Don Delaney to provide consulting services on a retainer basis, at the rate of $9,600 per month beginning September 1, 1998, to be paid from account # 001- 0000 - 132.15.00, "CRA Prepaid Expenses." Section 2. The terms and conditions of scope of services, compensation and method of payment, termination, and other required terms are contained in the agreement attached hereto. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY , 1998. G 0 5 MAYOR RESOLUTION NO. 204 -98 -10472 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO TRANSFER OF FUNDS; AUTHORIZING THE CITY MANAGER TO CREATE A NEW ACCOUNT NUMBER 001- 0000 - 132.15.00 TITLED CRA PREPAID EXPENSES; AUTHORIZING ALL PAST AND FUTURE CRA RELATED EXPENSES CHARGED TO GENERAL FUND BE TRANSFERRED INTO THE NEW ACCOUNT FOR REIMBURSEMENT BY COMMUNITY REDEVELOPMENT AGENCY (CRA) FUND IN THE FUTURE; PROVIDING FOR TERMS OF REIMBURSING THE GENERAL FUND. WHEREAS, the City Commission of South Miami and Miami -Dade County Commission have approved the creation of South Miami Community Redevelopment Agency ( SMCRA); and WHEREAS, in the past, all incidental expenses to the creation of the South Miami Community Redevelopment Agency ( SMCRA) have been charged to the City general fund budget; and WHEREAS, in accordance with Florida State Statute, section 163.387 (6b), these expenses are fully reimbursable with the community redevelopment agency funds; and WHEREAS, the City Administration wishes to establish a process whereby all expenses relating to community redevelopment agency, previously paid from the general fund will be reimbursed by the ( SMCRA) in equal amounts over a five -year period, beginning when sufficient funds are available in the Community Redevelopment Agency Trust Fund. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI THAT: Section 1. The City Manager is authorized to gradually transfer the sum of $226,215.94 from the CRA Trust Fund in the future without jeopardizing new CRA programs, when funds are available. This amount represents the SMCRA Consultants for preparing the finding of necessities, the SMCRA plan, and assisting in the approval process. Section 2. The amount referenced in section 1 paragraph above be distributed as follows: $90,815.94 to account 001- 0000 - 369.300, titled "Refund of Prior Year's Expenses" for all CRA related expenses incurred in the 1995/96 and 1996/97 fiscal years. $135,400.00 to account 001- 2100 - 519.9920 titled "Non- Departmental General Contingency" for consulting expenses incurred in the current fiscal year. Section 3. The City Manager is authorized to create a general ledger account 001 -0000- 132.15.00 titled "CRA Prepaid Expenses" to be used for accounting of past and future CRA expenses from the general fund. Section 4. The City Manager is authorized to develop appropriate plan for reimbursing General Fund for future prepayment of CRA Trust Fund expenses. Section 5 This resolution shall take effect immediately upon passage. PASSED AND ADOPTED this 21" day of J_ ulv, 1998. ATTEST: CITY CLERK APPROVED: ' MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5 -0 �.� _ C7• /j�;� Mayor Robaina: Vice Mayor Oliveros: Yea Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner Russell: Yea Commissioner Feliu: Yea AGREEMENT THIS AGREEMENT, entered into on July 21, 1998, between: the CITY OF SOUTH MIAMI, FLORIDA, herein after referred to as "City, and DON DELANEY, dba SDI, Inc., a redevelopment and tax increment financing consultant with office located at 8422 S.E. Royal Street, Hobe Sound, Florida 33455, hereinafter referred to as "CONSULT-ANT-.' WHEREAS, the. CITY desires the CONSULTANT to assist in the implemnteltim of the approved South Miami Redevelopment Plan ( SMCRA Plan) with supporting programs and a tax increment trust ftind, pursuit, of private sector funds, grant writing and lobbying services relating to. ORA, assist in review, and, analysis of development proposals, and to represent the CITY when appropriate on issues and policies related to CRA. WHEREAS,., the City desires the CONSULTANT to assist in assuring that the CITY complies with all the necessary requirements as set forth in eHAPT-ER 163, Part III Florida Statutes, and with its adopted Community Redeveloprnervt Plan, and WHEREAS, the CONSULTANT possesses the requisite skills, knowledge, expertise and resources to perform these services. NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, the CITY and the CONSULTANT agree, as follows: I. SCOPE OF SERVICES A. The CONSULTANT 0411 serve in, a technical capacity a$ required regarding the implementation of the official SMCRA Plan and supporting programs. B. The CONSULTANT- shall serve as a technical expert and financial advisor regarding all aspects of redevelopment activities as they relate to the establishment of the tax increment financing, mechanism, trust fund,, and Redevelopment Bond, issues. C. The- CONSULTANT shall coordinate activities regarding the Interlocal Agreement 0qIwqqQ P@dq County and the Pity as Well as other r@lqvqnt taxing districts. D. The CONSULTANT ,"I prepare any and all.. resolutions- and ordinances rier.,essary for the, Int-erlocal Agreement, pJqn, revisions, and ;amendments for submission to the City's legal counsel, city management staff, City Commission, and Miami-Dade County Commission as appropriate. E. The CONSULTANT agrees to provide Redevelopment and Tax Increment services in the manner and extent as determined by the Mayor and Commission and the Office of the City Manager. F. The CONSULTANT agrees to represent, the- city to private sector development interests, assist in review and analysis of development proposals, and provide presentations relating to potential development within the CIA area as appropriate, and in conjunction with city staff. G. The WNWLTANT shalt serve in a te-chnirmt capacity as required t(_) identify funding sources, prepare grant/funding applications, in conjunction with city staff, on behalf of the city to improve services and enhanee community and economic, development, to represent the city as appropriate during the grant/funding application process, and serve as lobbyist relating to these grant/funding applications as appropriate. Z. TIME FOR PERFORMANCE The CONSULTANT agrees to. all services in a, timely and diligent manner upon. QmQv#Qn. Qf this ftmmnt, 3. COMPENSATION AND METHOD OF PAYMENT All payments will be made in a timely fashion after receipt of monthly invoice from the CONSULTANT. A. A monthly ret @finer payment of $9,gQQ..00, which rovers thp cast of all travel, lodging, and meal expenses, printing, secretarial services, and phone expenses, for the completion- of the tasks to be performed under this contract, shall be paid by the City beginni i.g the month, of August 1998. 4. OWNERSHIP OF DOCUMENTS Reports, services and other data obtained or prepared in connection with the Agreement are and shell main the property of the CITY. The CONSULTANT shall have the rights to any and all publication efforts resulting from reports, surveys and other data obtained or prepared in connection with the Agreement. O TERMINATION This agreernent may, be terminated by-the CITY sr CONSULTANT for - cause. or by the CITY for convenience, upon thirty (3.0 written, notice, by the terminating party to the other party of such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date. In the event that the CONSULTANT abandons this AGREEMENT or causes it to be terminated, any applications, maps,,. work products and reports prepared by CONSULTANT pursuant to this Agreement shall become the property of the CITY and shall be delivered by the CONSULTANT to the CITY. S. NONZISCRIMIN A-TtON The CONSULTANT agrees that it wilt not discriminate against any of its employees or applicants for employment, because of their race, color, religion, sex or national origin, and to 00iO by 0, Federal and. $tAtQ laws regarding non - discrimination.1- 7. COMPLETENESS AND ACCURACY OF WORK The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other-documents prepared and compiled under- its obligation pursuant to, this Agreement and shall, correct at its expense all significant errors or omissions therein which may be disclosed. 8. PROJECT MANAGER The CONSULTANT'S project manager under this Agreement is Don Delaney. The CITY'S Project Manager under this Agreement is the Deputy City Manager. Don DeLaney, President FOR CITY SDI, Inc. TITLE: DATE: WITNESS: FOR THE CONSULTANT DATE: DATE: WITNESS: FOR THE CITY DATE: