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10-20-98........................... 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: October 20, 1998 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: November 3, 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 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentation(s): 1. Officer of the Month 2. Special Presentation ITEMS FOR THE COMMISSION'S CONSIDERATION: 3. Approval of Minutes: Special City Commission Minutes - September 23, 1998 Regular City Commission Minutes - October 6, 1998 4. City Manager's Report: 5. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - October 20, 1998 CONSENT AGENDA 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE REVISION COMMISSION; APPOINTING PAIGE C. TARVER AND LAUREN R. FERNANDEZ TO SERVE FOR TWO YEAR TERMS ENDING OCTOBER 20, 2000 OR UNTIL SUCCESSORS ARE DULY APPOINTED AND QUALIFIED. (Mayor Robaina) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MANUEL G. VERA & ASSOCIATES, INC., TO PROVIDE SURVEYING SERVICES, AT A COST NOT TO EXCEED $5,000.00, AND CHARGING THE DISBURSEMENT TO "LOCAL OPTION GAS TAX - INFRASTRUCTURE PROJECTS" ACCOUNT NO. 112 -1730- 541 -6270, FISCAL YEAR 1998/99. (Administration /Public Works) 3/5 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RECIO AND ASSOCIATES, INC., FOR LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES ALONG THE US 1 MEDIAN, SUNSET DRIVE MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED $36,300.00 FOR THE CURRENT FISCAL YEAR AND CHARGING $28,500.00 OF THIS AMOUNT TO ACCOUNT NO. 1750 -519 -3450 "LANDSCAPE MAINTENANCE DIVISION - CONTRACTUAL SERVICES" AND $7,750.00 TO ACCOUNT NO., 1750 -519 -4625, "LANDSCAPE MAINTENANCE DIVISION - LANDSCAPE IMPROVEMENT." (Administration /Public Works) 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 $2,100.00 TO NOVAL AIR CONDITIONING FOR THE REPLACEMENT AND INSTALLATION OF AN AIR CONDITIONING UNIT AT THE CITY MANAGER OFFICES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1710- 519 -4670 "MAINTENANCE AND REPAIR." (Administration /Public Works) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,871.20 TO AUTO PRO BODY, INC., FOR THE REPAIR OF CITY VEHICLE NO. 98 -04 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 504 -1500- 514,4680, "SELF INSURANCE FUND." REGULAR CITY COMMISSION 2 AGENDA - October 20, 1998 (Administration /Public Works) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $4,280.63 CHARGING $698,59 TO ACCOUNT NO. 1500 -3435, CONSULTING -REAL PROPERTY/ FORECLOSURE, CHARGING $277.04 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, LEGAL SERVICES - NON RETAINER; PROVIDING AN EFFECTIVE DATE. (Administration) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $2,548.15 TO MIAMI -DADE ITD -RADIO SERVICES FROM ACCOUNT NO. 1910- 521 -4630 (MAINTENANCE AND REPAIR- COMMUNICATION EQUIPMENT) FOR PAYMENT OF PAST DUE RADIO SHOP INVOICES. (Administration /Police Dept.) 3/5 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $7,769.65 TO AT &T CELLULAR FOR THE PAYMENT FOR CELLULAR TELEPHONE SERVICE AND CHARGE THE FUNDS TO ACCOUNT NUMBER 1910- 521- 4630, MAINTENANCE AND REPAIR OF COMMUNICATION EQUIPMENT. (Administration /Police Dept.) 3/5 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF EXPENDITURES INCURRED DURING WEATHER EMERGENCY RESULTING FROM HURRICANE GEORGES, AND AUTHORIZING THE CITY MANAGER TO APPLY FOR ANY AVAILABLE ASSISTANCE TO REIMBURSE THE CITY FOR THE FUND EXPENDED. (Administration) 3/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $5,850.00 TO BENSON ELECTRIC, INC. FOR THE REPAIR OF UNDERGROUND ELECTRICAL WIRING AT MARSHALL /WILLIAMSON PARK AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1750- 519 -4670, "LANDSCAPE DIVISION - MAINTENANCE AND REPAIRS OF GROUNDS AND STRUCTURES ". (Administration /Parks & Rec.) 3/5 REGULAR CITY COMMISSION 3 AGENDA - October 20, 1998 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,772 FOR PURCHASE OF ONE COMPUTER FOR THE CODE ENFORCEMENT DIVISION AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 001 -2100- 519 -6430 OPERATING EQUIPMENT, FY 1998 -99. (Administration /Code Enforcement) 3/5 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $27,059.43 TO BEARCOM WIRELESS WORLDWIDE FOR THE PURCHASE OF TWO -WAY RADIO COMMUNICATION EQUIPMENT TO BE USED FOR COMMUNICATION FOR CITY FIELD PERSONNEL ACROSS ALL DEPARTMENTS DURING ROUTINE OPERATIONS AND IN EMERGENCY PROCEDURES AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 110 -1310- 513 -4620, "HURRICANE FUND- MAINTENANCE AND REPAIRS, OPERATING EQUIPMENT ". (Administration) 3/5 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; PROVIDING A 45 -DAY EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS AND ANTENNAS, SET FORTH BY ORDINANCE NO. 2 -98 -1650 AND ORDINANCE NO. 10 -98 -1658, IN ORDER TO ENABLE TELECOMMUNICATION PROVIDERS TO SUBMIT PROPAGATION MAPS AND OTHER SUPPORT MATERIALS, WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR AND CITY COMMISSION ON JUNE 23, 1998, ALLOWING THE CITY TO ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION FACILITIES; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (Administration /P &Z) 4/5 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING SECTION 15 -98, ENTITLED ` °CRUISING "; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (Administration /Police Dept.) 3/5 REGULAR CITY COMMISSION 4 AGENDA - October 20, 1998 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DELETION OF THE WORD "VEHICLE" AND THE WORD "PLAINLY" IN SECTION 15 -82 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; CREATING SECTION 15 -82A ENTITLED "EXCESSIVE NOISE OR MUSIC FROM MOTOR VEHICLES "; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. (Administration /Police Dept.) 3/5 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DELETION OF SECTIONS 15 -7, CHILD MOLESTATION IN THEATERS - DEFINITION; PATROL, SECTION 15 -8, CHILD MOLESTATION IN THEATERS - QUALIFICATIONS OF SPECIAL POLICE; APPOINTMENT; SECTION 15 -9, CHILD MOLESTATION IN THEATERS - ARREST AND DETENTION OF SUSPECT, SECTION 15 -10, CHILD MOLESTATION IN THEATERS, SECTIONS OF THEATER SET ASIDE FOR ADULTS; AUTHORITY TO REFUSE ADMITTANCE TO ADULT WITHOUT CHILD, SECTION 15 -11, CHILD MOLESTATION IN THEATERS - AGE REQUIREMENT FOR ADULT SECTION; PROVISIONS FOR PARENT WITH CHILD, SECTION 15 -12, CHILD MOLESTATION IN THEATERS - REFUSAL TO OBEY REGULATIONS; REJECTMENT AND DISPOSITION OF PATRONS, AND SECTION 15 -13 CHILD MOLESTATION IN THEATERS - DUTY OF THEATER OPERATOR, OF THE CODE OF ORDINANCES OF THE CITY SPECIAL POLICE OFFICER; DELETING THE DUTIES OF A SPECIAL POLICE OFFICER; AND DELETING THE REQUIREMENT OF HAVING SPECIAL POLICE OFFICERS IN EVERY AISLE OF EVERY MOVIE THEATER MATINEE, PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /Police Dept.) 3/5 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DELETING SECTION 4 -3, SEIZURE AND FORFEITURE OF ILLICIT LIQUORS, STILLING APPARATUS, ETC. OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE SEIZURE AND FORFEITURE OF ILLICIT LIQUORS, STILLING APPARATUS, ETC; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. (Administration /Police Dept.) 3/5 RESOLUTION (S) PUBLIC HEARING (S) There are none REGULAR CITY C"ISSION 5 AGENDA - October 20r 1998 RESOLUTION (S) 23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STATE LEGISLATIVE (LOBBYING SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $45,000.00 FOR THE FIRMS OF GOMEZ BARKER & RONALD L. BOOK, P.A.; AND AN AMOUNT NOT TO EXCEED $3,000.00 FOR THE MAURY MANAGEMENT GROUP FROM ACCOUNT NO. 001 - 1315 - 513 -3450, CONTRACTUAL SERVICES. (Administration) 3/5 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO OPEN SPACE PARK, RATIFYING THE SUBMISSION OF APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR FUNDS TO ASSIST IN DEVELOPMENT AND RENOVATION OF CITY PROPERTY LOCATED AT 6820 SW 64TH AVENUE FOR AN OPEN SPACE PARK. (Administration) 3/5 25. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $4,085 TO FLORIDA STATE FIRE & SECURITY, INC. FOR THE UPGRADE OF HARDWARE AND SOFTWARE FOR THE EXISTING ACCESS CONTROL SYSTEM OF THE POLICE DEPARTMENT AND CITY HALL AND CHARGE THE FUNDS TO ACCOUNT #1910 -521 -4630, COMMUNICATIONS EQUIPMENT; AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $3,240 TO FLORIDA STATE FIRE & SECURITY, INC. FOR THE MAINTENANCE OF SAID SYSTEM FOR A PERIOD OF ONE YEAR AND CHARGE THE FUNDS TO ACCOUNT #1910- 521 -3450, CONTRACTUAL SERVICES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS NECESSARY TO INITIATE AND FULFILL THE CONTRACT. (Administration) 3/5 26. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT WITH THE POLICE BENEVOLENT ASSOCIATION (HEREINAFTER PEA) FOR A COLLECTIVE BARGAINING AGREEMENT FOR THE PERIOD OCTOBER 1, 1998 TO SEPTEMBER 30, 2001. (Administration) 3/5 REGULAR CITY COMMISSION 6 AGENDA - October 20, 1998 ORDINANCE (S) FIRST READING There are none SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION" . PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 7 AGENDA - October 20, 1998 INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: 10/1698 AGENDA ITEM #6 FROM: Charles D. Scurr fW1417 Comm. Mtg. 10/20/98 City Manager a44 Board Appointments The Code Revision Commission was established by Resolution No. 193 -98 -9947. This Commission is charged with the responsibility of preparing a work plan and schedule for accomplishing its work in a period not to exceed six months, unless that time is extended by the City Commission; studying and making recommendations to the City Commission regarding necessary or useful revisions to the Code of Ordinances; evaluating technology and cost for data - basing the code; holding public workshops upon approval by the City Commission; and, preparing drafts of the recommended revisions to the Code. The attached resolution sponsored by Mayor Robaina appoints Paige C. Tarver, Esquire and Lauren R. Fernandez, Esquire to the Code Revision Commission. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CODE REVISION COMMISSION; APPOINTING PAIGE C. TARVER AND LAUREN R. FERNANDEZ TO SERVE FOR TWO YEAR TERMS ENDING OCTOBER 20, 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; WHEREAS, the city Commission desires to appoints Paige C. Tarver and Lauren R. Fernandez to serve for two -year terms on the Code Revision Commission. These appointments shall expire October 20, 2000 or until successors are duly appointed and qualified. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission hereby appoints Paige C. Tarver and Lauren R. Fernandez to the Code Revision Commission. Section 2. The expiration date of these appointments shall expire October 20, 1998 or until successors are duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Robaina: Vice Mayor Oliveros: Commissioner Feliu: Commissioner Bethel: Commissioner Russell: RESOLUTION NO. 193 -96 -9947 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of South Miami recognize that the City of South Miami Code of Ordinances is in need of revision; and WHEREAS, an undertaking to revise the code will require a substantial amount of time and effort; and WHEREAS, the Mayor and City Commission desire to establish a Code Revision Commission to evaluate and to make specific recommendations for revision to the Code. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City of South Miami Code Revision Commission is hereby created. The Commission shall consist of 5 members, who shall be appointed by the mayor with the advice and consent of the city Commission. The City Commission states its desire that the membership of the commission shall consist of 3 attorneys who are licensed to practice law in the State of Florida and who have expertise in the area of municipal law. The mayor is requested, in appointing members to the Commission, to give due consideration to selecting members based upon principals of ethnic and gender inclusion, and leadership and professional capability. The city manager shall serve as a non - voting ex- officio member of the commission. Section 2. The City of South Miami Code Revision Commission shall be charged with the responsibility of preparing a work plan and schedule for accomplishing its work in a period not to exceed six months, unless that time is extended by the city Commission; studying and making recommendations to the city commission regarding necessary or useful revisions to the code of ordinances; evaluating technology and cost for data - basing the code; holding public workshops upon approval by the city commission; and, preparing drafts of the recommended revisions to the code. The commission shall not address the city's comprehensive plan and land development regulations, nor shall it be concerned with the form and structure of the city government. The city manager will provide for staff and logistic support. Support may include, but not limited to, scanning the code into the city's computer in Word format and publishing the amended code, as finally adopted. The Municipal Code Corporation may be engaged to review - the = &xc - code for non - compliance X;:amended 11/5/96 1ge 2 of Res. #193 -96 -9947 with state laws. The city attorney shall be responsible for reviewing proposed revisions to the code for legal sufficiency. The city clerk will provide support in research, retrieving and indexing resolutions and ordinances. The city manager may present a budget to the city commission which will include the anticipated cost of logistic, review by the Municipal Code Corporation, and the cost of data - basing the revised code on the city's computer system. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 5th day of November, 1996. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: c VICE -MAYOR COMMISSION VOTE: 4 -0 Mayor Cunningham: Not Vice Mayor Robai -na : Yea Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea present: ® CITY OF SOUTH MIAMI ® INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: November 1, 1996 L. Dennis Whitt, City Manager From: Earl G. Gallop c' /" Re: Code revision 20200 '4 At the request of Vice -mayor Robaina, this memorandum recommends that the Mayor and City Commission adopt the proposed resolution providing for the creation of a Code Revision Commission, charging the commission with the responsibility to study and make recommendations for revising the city Code of Ordinances, providing guidelines, and providing for staff assistance. Statement of the problem: The city Code of Ordinances is in need of revision. On various subjects, it is out of date, internally inconsistent, in violation of state law, or unworkable. Proposal: The city commission will create a Code Revision Commission. The mayor will appoint 5 voting members to serve on the commission for a period of 6 months. The 5 members will .include, if available, 3 lawyers and other members, giving due consideration to selecting members based upon principles of ethnic and gender inclusion, and leadership and professional capability. The city manager will also serve as a non - voting ex officio member on the revision commission. The commission will be charged with the responsibilities of preparing a work plan and schedule for accomplishing its work in a period not to exceed 6 months, studying and making recommendations to the city commission regarding necessary or useful revisions to the Code of Ordinances, holding public workshops, and preparing drafts of the recommended revisions to the code. The commission will also evaluate data - basing the revised code in the city's computer system. The commission shall not address the city's comprehensive plan and land development regulations, nor shall it be concerned with the form and structure of the city government. The city manager will provide for staff and logistic support. Support may include, but not be limited to, scanning the code into the city's computer system in Word format and publishing the amended code, as finally adopted. The Municipal Code Corporation may be engaged to review the code for non - compliance with state laws. The city attorney will provide limited legal support. The city clerk will provide support in research, retrieving and indexing resolutions and ordinances. The city manager may present a budget to the commission which will include logistic and other costs. Recommendation: Approve the proposed resolution. EGG /sgs csm /ltrs /codervw.mem 2 A100- CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 20, 1998 SUBJECT: Agenda Item # -' Commission Meeting, October 20, 1998 AUTHORIZATION OF THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MANUEL VERA & ASSOCIATES, INC., TO PROVIDE SURVEYING SERVICES AT A COST NOT TO EXCEED $5,000.00, FOR FISCAL YEAR 1998/99. The attached resolution seeks approval to allow the City Manager to enter into a contract with Manuel G. Vera & Associates, Inc. to provide surveying services for the City. In order to prepare engineering plans for roadway and drainage improvements, the services of a professional surveying firm are required to determine the exact area topography and layout. Manuel G. Vera & Associates, Inc. has previously provided the City with such surveys, and has consistently provided excellent service. This firm has been awarded a 2 -year competitive bid contract for surveying services with the Florida Department of Transportation. Therefore, it is recommended that this firm be selected as the City's surveyor based on that contract and their history of providing excellent service to the City. The total expenditure would not exceed $5,000.00, and the disbursement would come from account No. 121 - 1730 - 541 -6270 "Local Option Gas Tax — Infrastructure Projects" for fiscal year 1998/99. This account has a balance of $10,000.00 remaining for the year. Attachment: FDOT letter dated 9/30/98 awarding contract #C -6970 Contract #C -6970 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission FROM: Charles D. Scurr City Manager DATE: October 20, 1998 SUBJECT: Agenda Item # Commission Meeting, October 20, 1998 AUTHORIZATION OF THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MANUEL VERA & ASSOCIATES, INC., TO PROVIDE SURVEYING SERVICES AT A COST NOT TO EXCEED $5,000.00, FOR FISCAL YEAR 1998/99. The attached resolution seeks approval to allow the City Manager to enter into a contract with Manuel G. Vera & Associates, Inc. to provide surveying services for the City. In order to prepare engineering plans for roadway and drainage improvements, the services of a professional surveying firm are required to determine the exact area topography and layout. Manuel G. Vera & Associates, Inc. has previously provided the City with such surveys, and has consistently provided excellent service. This firm has been awarded a 2 -year competitive bid contract for surveying services with the Florida Department of Transportation. Therefore, it is recommended that this firm be selected as the City's surveyor based on that contract and their history of providing excellent service to the City. The total expenditure would not exceed $5,000.00, and the disbursement would come from account No. 121 - 1730 -541 -6270 "Local Option Gas Tax — Infrastructure Projects" for fiscal year 1998/99. This account has a balance of $10,000.00 remaining for the year. Attachment: FDOT letter dated 9/30/98 awarding contract #C -6970 Contract #C -6970 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MANUEL G. VERA & ASSOCIATES, INC., TO PROVIDE SURVEYING SERVICES, AT A COST NOT TO EXCEED $5,000.00, AND CHARGING THE DISBURSEMENT TO "LOCAL OPTION GAS TAX - INFRASTRUCTURE PROJECTS" ACCOUNT NO. 112- 1730 -541 -6270, FISCAL YEAR 1998/99. WHEREAS, in order to prepare engineering plans to address drainage concerns throughout the City, the services of a professional surveying firm is required, and; WHEREAS, the firm of Manuel G. Vera & Associates, Inc., has provided excellent service to the City in the past, and; WHEREAS, Manual G. Vera & Associates, Inc., has been awarded a competitive bid contract with the Florida Department of Transportation to provide district -wide surveying services through contract #C -6970. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a contract with Manual G. Vera & Associates, Inc., to provide surveying services. Section 2. The contract with Precision Environmental Laboratory, Inc., is not to exceed $5,000.00, and shall adopt the Department of Transportation contract #C -6970 pricing. PASSED AND ADOPTED this 20th day of October 1998. APPROVED: MAYOR 1 ATTEST: 2 3 4 5 6 CITY CLERK 8 9 10 11 READ AND APPROVED AS TO FORM: 12 13 14 15 16 CITY ATTORNEY FLORIDA LANNTON CHILES GOVERNOR DEPARTMENT OF TRANSPORTATION THOMAS F. BARRY, JR. http: //www.doistate.fLa SECRETARY ="-� MWO Florida Department of Transportation Professional Services Unit - District Six 1000 N.W. 111 Avenue, Room 6210 Miami, Florida 33172 September 30, 1998 Manuel G. Vera and Associates, Inc. 3421 S.W. 107th Avenue Miami, Florida 33165 Re: Notice to Proceed Districtwide Miscellaneous CEI Survey Contract No. : C -6970 Work Program Item No. :6590031 FMI No. :25067616201 State Project No. : 87000 -1589 County : Dade Gentlemen: In accordance with the Standard Professional Services Agreement of September 30, 1998 between the Department and your firm, for engineering services on the above referenced project, the effective date of Notice to Proceed is September 30, 1998. Services are to be completed on or before September 30, 2000. The District's project manager for this project is Mr. Robert Hughan whose telephone is (305) 470 -5190. Sincerely, f" Jose' Abrei District Se JA /RPF /lp cc: .E. Financial Services R. Hughan R. Fountain 0 RECYCLED PAPER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 375.030.12 (} j� STANDARD PROFESSIONAL SERVICES AGREEMENT CONTRACTUAL SERVICES occ c -lY t1✓ Page 101`2 Contract No. Page t ot2 FDOT Financial ID No.(s) 25067616201 F.A.P. No. Sq_17ni GIo THIS AGREEMENT, made and entered into this dO4-�' _ day of Set"'''-? 1 l qq� , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department and (F.E.I.D. No. Manuel G. Vera and Associates, Inc. ) of 3421 S.W. 107th Avenue, Miami, Florida 33165 authorized to conduct business in the State of Florida, hereinafter called the Consultant, agree as follows: The Consultant and the Department mutually agree to abide by the Department's Standard Professional Services Agreement, Terms, dated October, 1997 which are available as an appendix to this form in the Department's forms library or from the Department's Office of Contractual Services. The Standard Professional Services Agreement Terms, with the exception of the following non - applicable sections: are incorporated by reference and made a part of this Agreement. SERVICES AND PERFORMANCE A. The Department does hereby retain the Consultant to furnish certain services in connection with Districtwide Miscellaneous CEI Survey B. The Consultant and the Department mutually agree to furnish, each to the other, the respective services, information and items as described in Exhibit "A ", attached hereto and made a part hereof. C. Unless changed by written agreement, the site for inspection of work referenced in Section 1.1 of the Standard Professional Services Terms, will be 3421 S.W. 107th Avenue, Miami, Florida 33165 2. TERM A. Unless otherwise provided herein or by Supplemental Agreement or Amendment, the provisions of this Agreement will remain in full force and effect through completion of all services required of the Consultant or a 5 year term from the date of execution of this Agreement, whichever occurs first. B. Check applicable terms The scheduled project services to be rendered by the Consultant will commence, subsequent to execution of this Agreement, on the date specified in the written notice to proceed from the Department's which notice to proceed will become part of this Agreement. 'The Consultant will complete scheduled project services within months of the commencement date specified in the notice to proceed or as modified by subsequent Amendment or Supplemental Agreement. ® The project services to be rendered by the Consultant for each task assignment will commence, upon written notice from the Department's Project Manager , and will be completed within the time period specified in each task assignment. Individual task assignments may be assigned for a period of 24 months from the date of this Agreement, or until a total accumulated fee of 5300,000.00 is reached, whichever occurs first. A task assignment completion date may extend beyond the above referenced assignment period, but not beyond the term of this Agreement. The scheduled project services to be rendered by the Consultant will commence, subsequent to execution of this Agreement, on the date specified in the written notice to proceed from the Department's which notice to proceed will become part of this Agreement. The Consultant will complete scheduled project services within calendar days following completion of the construction contract(s) with which consultant services are associated. The anticipated length of the consultant services is months. FORM 375-030 -12 CONTRACTUAL SERVICES OGC - 03198 Page 2 of 2 3. INSURANCE The amount of liability insurance to be maintained by the Consultant in accordance with Section 4.6 of the Standard Professional Services Agreement Terms is $250,000.00 4. SUBCONTRACTS The following subconsultants are authorized under this Agreement in accordance with Section 7.A of the Standard Professional Services Agreement Terms: N/A 5. COMPENSATION The Department agrees to pay the Consultant compensation as detailed in Exhibit "B ", attached hereto and made a part hereof. 6. MISCELLANEOUS A. Reference in this Agreement to Director will mean the District Secretary B. The services provided herein O do * do not involve the expenditure of federal funds. In the event federal funds administered by a federal agency are involved, Appendix I is made a part hereof and applicable to all parties. C. The following attachments are hereby incorporated into this Agreement as part hereof as though fully set forth herein. Page A -1 through Page A- 3 : Exhibit "A ", Scope of Services Page B -1 through Page B- 5 : Exhibit "B ", Method of Compensation IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. Manuel G. Vera and Associates, Inc. Name of Consultant BY: uthorized Signature - 4rle[ ✓G ,?4 (Print/Type) Title: STATE OF FLORIDA DEPAR— — — - BY: Jose Abreu (Print/Type) Title: District Secretary FOR DEPARTMENT USE ONLY APPR C tual /Profession Services O e eneral ounsel Office RECYCLED PAPER 0 FORM 375 - 030-12 CONTRACTUAL SERVICES OGC - 03198 Page Al of 7 State of Florida Department of Transportation STANDARD PROFESSIONAL SERVICES AGREEMENT TERMS October, 1997 SERVICES AND PERFORMANCE: A Before making any additions or deletions to the work described in the Agreement, and before undertaking any changes or revisions to such work, the parties will negotiate any necessary cost changes and will enter into a Supplemental Agreement covering such work and compensation. Reference herein to the Agreement will be considered to include any Supplemental Agreement. B. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing in a design capacity and will have due regard for acceptable standards of design principles. C. The Consultant agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of work being done by the Consultant and of the details thereof. Coordination will be maintained by the Consultant with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either party to the Agreement may request and be granted a conference. D. All services will be performed by the Consultant to the satisfaction of the Director who will decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of the Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof; and the decision upon all claims, questions and disputes will be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses will be subject to mutual agreement of the parties, and Supplemental Agreement(s) of such a nature as required will be entered into by the parties in accordance herewith. In the event that the Consultant and the Department are not able to reach an agreement as to the amount of compensation to be paid to the Consultant for supplemental work desired by the Department, the Consultant will be obligated to proceed with the supplemental work in a timely manner for the amount determined by the Department to be reasonable. In such event, the Consultant will have the right to file a claim with the Department for such additional amounts as the Consultant deems reasonable; however, in no event will the filing of the claim or the resolution or litigation thereof through administrative procedures or the courts relieve the Consultant from the obligation to timely perform the supplemental work. E. In the event the work covered by this Agreement includes the preparation of construction plans, it is understood that the work may be divided into two or more construction projects by the Director and that, if this is done, the Consultant will supply construction plans for each project. F. The Consultant is authorized to use the Department's computer facilities utilizing Department programs required for the performance of the services herein. The Consultant will identify the programs required and submit a written request to the Department's Project Manager for approval. G. All design work performed by the Consultant for projects where anticipated construction cost is one million dollars ($1,000,000) or more will be subject to Value Engineering. The Department further reserves the right to subject projects of lesser construction cost to Value Engineering should the Department deem circumstances are present that warrant such a decision. Value Engineering may be performed at any stage of the design process. Unless specifically identified in the Agreement, the Consultant will not be required to perform the Value Engineering analysis. FORM 375 - 030-12 CONTRACTUAL SERVICES OGC - 03198 Page A2 of 7 H. The Consultant will not be liable for use by the Department of plans, documents, studies or other data for any purpose other than intended by the terms of this Consultant Agreement. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and will become the property of the Department upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Department at any time during the performance of such services and /or upon completion or termination of this Agreement. Upon delivery to the Department of said document(s), the Department will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Department will have the right to visit the site for inspection of the work and the products of the Consultant at any time. 2. TERM: A. Services required after completion of scheduled project services, including, but not limited to, design assistance, construction assistance, and litigation assistance, will be completed within the term of this Agreement at written direction of the department. Supplemental Agreements may be negotiated for any post project schedule services needed by the Department after scheduled project services. In the event it becomes impracticable or impossible for the Consultant to complete the expected services within the term of this Agreement due to delays on the part of the department or circumstances beyond the control of the Consultant, the Agreement may be extended. An extension of the Agreement must be in writing. B. In the event there are delays caused by the Department in approval of any of the materials submitted by the Consultant or if there are delays occasioned by circumstances beyond the control and without fault or negligence of the Consultant which delay the scheduled project completion date, the Department may grant an extension of time equal to the aforementioned project schedule delay, as a minimum and not to exceed the Agreement term, by issuance of a Time Extension Letter. This letter will be for time only and does not include any additional compensation. It will be the responsibility of the Consultant to ensure at all times that sufficient time remains in the Project Schedule within which to complete the services on the project. In the event there have been delays which would affect the project completion date, the Consultant will submit a written request to the Department which identifies the reason(s) for the delay, the amount of time related to each reason and specific indication as to whether or not the delays were concurrent with one another. The Department will review the request and make a determination as to granting all or part of the requested extension. In the event time for performance of the scheduled project services expires and the Consultant has not requested, or if the Department has denied, an extension of the Project Schedule completion date; partial progress payments will be stopped on the date time expires. No payment shall be made for work performed after the Project Schedule completion date until a time extension is granted or all work has been completed and accepted by the Department if the Agreement term has not expired. COMPENSATION: A. Bills for fees or other compensation for services or expenses will be submitted to the Department in detail sufficient for a proper preaudit and postaudit thereof. The Department will render approval or disapproval of services within five working days of the receipt of a written progress report unless otherwise stated in the Agreement. The progress report will be accompanied by an appropriate invoice. FORM 375. 030 -12 CONTRACTUAL SERVICES OGC - 03/98 Page A3 of 7 B. The bills for any travel expenses, when authorized by terms of this Agreement and by the Department's Project Manager, will be submitted in accordance with Section 112.061, Florida Statutes. C. Records of costs incurred under terms of this Agreement will be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records will be furnished to the Department upon request. D. Records of costs incurred will include the Consultant's general accounting records and the project records, together with supporting documents and records, of the Consultant and all subconsultants performing work on the project, and all other records of the Consultant and subconsultants considered necessary by the Department for a proper audit of project costs. E. The general cost principles and procedures for the negotiation and administration, and the determination or allowance of costs under this Agreement will be as set forth in the Code of Federal Regulations, Titles 23, 48, 49, Rule Chapter 14 -75, Florida Administrative Code, and other pertinent Federal and State Regulations, as applicable, with the understanding that there is no conflict between State regulations and Federal regulations in that the more restrictive of the applicable regulations will govern. F. The Consultant should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. G. If a payment is not available within 40 days, a separate interest penalty at a rate established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the Consultant. Interest penalties of less than one dollar will not be paid unless the Consultant requests payment. Invoices which have to be returned to a Consultant because of Consultant preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. H. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488 -2924 or by calling the State Comptroller's Hotline, 1 -800- 848 -3792. Except for issues arising from contract indemnification provisions, the Department will have the right to retain out of any payment due the Consultant under this Agreement an amount sufficient to satisfy any amount due and owing to the Department by the Consultant on any other Agreement between the Consultant and the Department. The Department may withhold payment on any invoice in the event that the Consultant is in default under any provision of this Agreement or any other Agreement between the Consultant and the Department as of the time of processing the invoice or as of the time payment is made available on the invoice. This right to withhold will continue until such time as the default has been cured, and, upon cure, the Department will have the right to retain an amount equal to the damages suffered as a result of the default. It is mutually agreed and understood that the following provision will be applicable to this Agreement if the compensation to be paid to the Consultant, whether by lump sum or cost - plus -a- fixed -fee, will exceed the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY FOUR. FORM 375-030.12 CONTRACTUAL SERVICES OGC - 03/98 Page A4 of 7 The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs provided the Department to support the compensation are accurate, complete and current as of the date of this Agreement. It is further agreed that the Agreement price will be adjusted to exclude any significant sums by which the Department determines the Agreement price was increased due to inaccurate, incomplete or non - current wage rates and other factual unit costs. All such Agreement adjustments must be made within one year following the end of the Agreement. For this purpose, the end of the Agreement is the date of final billing or acceptance of the work by the Department, whichever is later. K. The Department, during any fiscal year, will not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department will require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained will prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. INDEMNITY AND INSURANCE: A. The Consultant will indemnify, defend, and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Consultant, its agents, employees, or subcontractors during the performance of the Agreement, except that neither the Consultant, its agents, employees nor any of its subconsultants will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Consultant in the performance of services required by the Consultant under this agreement, the Department will immediately forward the claim to the Consultant. The Consultant and the Department will evaluate the claim and report their findings to each other within seven working days. The Department and the Consultant will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Consultant in the defense of the claim or to require that the Consultant defend the Department in such claim as described in this section. The Department's failure to notify the Consultant of a claim within seven days will not release the Consultant from any of the requirements of this section upon subsequent notification by the Department to the Consultant of the claim. The Department and the Consultant will pay their own cost for the evaluation, settlement negotiations and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility the costs and liability for damages will be shared in the same percentage as that judicially established. The parties agree that 1 % of the total compensation to the Consultant for performance of this Agreement is the specific consideration from the Department to the Consultant for the Consultant's indemnity agreement. B. The Consultant will have and maintain during the term of this Agreement, a professional liability insurance policy or policies, or an irrevocable letter of credit established pursuant to Chapter 675 and Section 337.106, Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording professional liability coverage for the professional services to be rendered in accordance with this Agreement in the amount specified in the Agreement. FORM 375. 030.12 CONTRACTUAL SERVICES OGC•03M Page A5 of 7 5. COMPLIANCE WITH LAWS: A. All final plans, documents, reports, studies and other data prepared by the Consultant shall bear the professional's seal/signature, in accordance with the applicable Florida Statute that governs and Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of execution of this Agreement. In the event that changes in the Statute or Rules create a conflict with the requirements of the published guidelines, requirements of the Statute and /or Rules shall take precedence. B. Chapter 337.162 Florida Statutes applies as follows: (1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it will submit a complaint about the violations to the Department of Business and Professional Regulation. The complaint will be confidential. (2) Any person who is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of his employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules will submit a complaint about the violations to the Department of Business and Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing law applicable to that licensee. The complaint will be confidential. (3) Any confidential information submitted to the Department of Business and Professional Regulation will remain confidential pursuant to Chapter 455 and applicable state law. C. The Consultant will comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under this Agreement. D. The Consultant warrants that the Consultant has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. It is understood and agreed that the term "fee" shall also include brokerage fee, however denoted. For the breach or violation of this Paragraph, the Department shall have the right to terminate this Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. E. The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. Failure by the Consultant to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department F. The Consultant agrees that it will make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the Department and securing its consent in writing. The Consultant also agrees that it will not publish, copyright or patent any of the data developed under this Agreement, it being understood that such data or information is the property of the Department. G. Consultant covenants and agrees that it and its employees will be bound by the standards of conduct provided in applicable Florida Statutes and applicable rules of the Department of Business and Professional Regulation as they relate to work performed under this Agreement. Consultant further covenants and agrees that when a former state employee is employed by the Consultant, the Consultant will require that strict adherence by the former state employee to Florida Statutes 112.313(9) and 112.3185 is a condition of employment of said former state employee. These statutes will by reference be made a part of this Agreement as though set forth in full. Consultant agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Agreement FORM 375-030.12 CONTRACTUAL SERVICES OGC - 03/98 Page A8 of 7 H. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases 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 in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Department will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of this Agreement, by the Department, if the Consultant knowingly employs unauthorized aliens. 6. TERMINATION AND DEFAULT: A. The Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination, as follows: (1) If the Department determines that the performance of the Consultant is not satisfactory, the Department may notify the Consultant of the deficiency with the requirement that the deficiency be corrected within a specified time; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time or thirty (30) days whichever is sooner. (2) If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Consultant, the Department will notify the Consultant of such termination, with instructions as to the effective date of work stoppage or specify the stage of work at which the Agreement is to be terminated. (3) If the Agreement is terminated before performance is completed, the Consultant will be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs, not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement B. The Department reserves the right to cancel and terminate this Agreement in the event the Consultant or any employee or agent of the Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over to the Department. The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business with the Department upon any such conviction. ASSIGNMENT AND SUBCONTRACTS: A. The Consultant will maintain an adequate and competent professional staff so as to enable Consultant to timely perform under this Agreement and must be authorized to do business within the State of Florida and may associate with it such subconsultants, for the purpose of its services hereunder, without additional cost to the Department, other than those costs negotiated within the limits and terms of this Agreement. The Consultant is fully responsible for satisfactory completion of all subcontracted work. The Consultant, however, will not sublet, assign or transfer any work under this Agreement to other than subconsultants specified in the Agreement without the written consent of the Department. FORM 375-030.12 CONTRACTUAL SERVICES OGC - 03/98 Page AB of 7 H. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases 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 in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Department will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act Such violation will be cause for unilateral cancellation of this Agreement, by the Department, if the Consultant knowingly employs unauthorized aliens. 6. TERMINATION AND DEFAULT: A. The Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination, as follows: (1) If the Department determines that the performance of the Consultant is not satisfactory, the Department may notify the Consultant of the deficiency with the requirement that the deficiency be corrected within a specified time; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time or thirty (30) days whichever is sooner. (2) If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Consultant, the Department will notify the Consultant of such termination, with instructions as to the effective date of work stoppage or specify the stage of work at which the Agreement is to be terminated. (3) If the Agreement is terminated before performance is completed, the Consultant will be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs, not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. B. The Department reserves the right to cancel and terminate this Agreement in the event the Consultant or any employee or agent of the Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over to the Department. The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business vAth the Department upon any such conviction. ASSIGNMENT AND SUBCONTRACTS: A. The Consultant will maintain an adequate and competent professional staff so as to enable Consultant to timely perform under this Agreement and must be authorized to do business within the State of Florida and may associate with it such subconsultants, for the purpose of its services hereunder, without additional cost to the Department, other than those costs negotiated within the limits and terms of this Agreement. The Consultant is fully responsible for satisfactory completion of all subcontracted work. The Consultant, however, will not sublet, assign or transfer any work under this Agreement to other than subconsultants specified in the Agreement without the written consent of the Department FORM 375-030.12 CONTRACTUAL SERVICES OGC - 03198 Page A7 of 7 B. The Consultant must state in all subcontracts that services performed by any such subconsultant will be subject to the Professional Consultant Work Performance Evaluation System as defined in Chapter 14 -75, Florida Administrative Code. C. The following provision is hereby incorporated in and made a part of this Agreement when the services provided herein do not involve the expenditure of Federal funds: It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract will be purchased from the Corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract will be deemed to be substituted for this agency insofar as dealings with such Corporation. The Corporation referred to in the above paragraph is Prison Rehabilitative Industries and Diversified Enterprises, Inc. Available pricing, products, and delivery schedules may be obtained by contacting: PRIDE of Florida (Attn: Bid Administrator) 2720 Blairstone Road, Suite G Tallahassee, Florida 32301 Telephone: (904) 487 -3774 MISCELLANEOUS: A. All words used herein in the singular form will extend to and include the plural. All words used in the plural form will extend to and include the singular. All words used in any gender will extend to and include all genders. B. In the event that a court of valid jurisdiction finally determines that any provision of this Agreement is illegal or unenforceable, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. C. There are no understandings or agreements except as herein expressly stated. D. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. E. In any legal action related to this Agreement, instituted by either party, Consultant hereby waives any and all privileges and rights it may have under chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in any county chosen by the Department and in the event that any such legal action is filed by Consultant, Consultant hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same. EXHIBIT "Atl SCOPE OF SERVICES DISTRICTWIDE MISCELLANEOUS CONSTRUCTION ENGINEERING INSPECTION SURVEY P OJECT FM No. 25067616201 id COPE OF SERVICES A. OBJECTIVE The Department desires to obtain assistance from the Consultant, hereinafter referred to as Surveyor, for the performance of miscellaneous surveying on various type construction projects. B. SURVEYOR'S RESPONSIBILITIES The services required of the surveyor will consist of field surveys and mapping for the projects to be assigned in the Department's Sixth District. The surveys will include, but not be limited to re- establishment of survey baselines, reference points, bench marks, check cross sections, cross sections for final estimates and monumentation of FDOT Right -of -Way lines after construction is complete. Mapping will include but not be limited to annotation of existing maps and new monumentation maps. � L • All work shall be accomplished in accordance with the criteria established by the Department's Highway Field Survey Specifications, D.O.T. Location, Construction and Field Standards For Final Estimates Manuals and must also comply with the Minimum Technical Standards for Land Surveyors Rule 61- G -17 -6, Florida Statute 472.027 and any special instructions. All work shall be coordinated with the District Location Surveyor and will be subject to his review. All field survey data with the exception of electronic data will be recorded in field books furnished to the CONSULTANT by the DEPARTMENT. NO SURVEY WORK WILL BE ACCEPTED UNLESS PLACE IN FDOT FIELD BOOKS. All field books will be signed and sealed by the Professional Surveyor supervising the Field Crews and shall belong to the DEPARTMENT. -�r D B AND ELECTRONIC DELIVERABLE -Y -1 -e tr - °c ata supplied to the Department must be in >c o a F -rmat on CD ROM (unless otherwise directed i- e tr ation Surveyor) and be accompanied by a hard copy of the CAICE observation ( *.obs) data along with either Attachments 10 or 11 (Location Survey Manual) signed and sealed by the Professional Surveyor in charge of the work and a letter with the following information. 1. FDOT Project No. 2. FDOT WPI No. 3. Field Book No. (If used) 4. Date of survey or field editing 5 Company name performing the survey work 6. Name of file (ex. DTM, TOPO, etc.) 7. SR No. and /or local road name 8. Limits of the project (ie. SW 123rd Street to SW 100th Street) 9. Limits of the field editing (ie. R/W Lines). These limits will be delineated by bold lines and shall state the limits of the field editing. All of the above information must also be placed on the electronic file. After creating a field DTM, all break lines (ex. edge of pavement, top of curb, etc.) Must be chained together in the data collector. Cross sections must be cut by the consultant to check their DTM information. All Electronic Field Data will be collected with E.F.B.(Electronic Field Book) program supplied by the F.D.O.T. This data will be processed with CAICE or DOS Processor, but it will be delivered to D.O.T in a CAICE archive file format (.ARC). This file will also include the entire project, all segments, project control file, also a 3d MicroStation design file with all ground shots (elev. at level 63, names at level 62) and all ground chains, 2d TOPO MicroStation design file with all the cha"i"J;m`Mq point symbols, including feature points, flo o r inlver etc. e /I A - 2 - - - -- E. DEPARTMENT RESPONSIBILITIES Mr or'��da ep ment of Transportation will furnish any or e to ing items as appropriate, for performance o erv'ces: 1. All previously completed field surveys as required. 2. All available right -of -way maps, studies and other available information pertinent to the project. 3. Aerial photography if necessary. 4. When survey services are required, the Department will furnish numbered standard survey books for survey data. S. Witness posts, Right -of -Way signs, brass discs and plastic caps for 1" ID iron pipes. F. COMPUTER SERVICES 1. The Consultant shall be authorized to use the Department's computer programs, if desired. 2. Should the Consultant desire to use the Department's resources, then each program must be identified in the technical proposal. 3. Computations based on computer programs other than the Department's must conform to the Department's general format. G. BEGINNING AND LENGTH OF SERVICES Services to be provided by the Consultant under this agreement will be initiated and completed as directed by the Departments Project Manager (District Location Surveyor), on each project assigned under this agreement. Individual projects shall be assigned for a period of 2,A months from the date of this agreement, or until a total accumulated fee of $300,000.00 is reached, whichever occurs first. H. METHOD OF COMPENSATION The Consultant will be compensated thorized and approved services in accordance with xhi it B of this agreement. A - 3 J EXHIBIT "B" METHOD OF COMPENSATION EXHIBIT "B° METHOD OF COMPENSATION 1.00 PURPOSE: This Exhibit defines the method and limits of compensation to be made to the Consultant for the services described in Exhibit "A" Scope of Services and method by which payments will be made. 2.00 COMPENSATION: For satisfactory completion of all services detailed in Exhibit "A" Scope of Services of this Agreement, the Department will pay the Consultant a Total Maximum Contract Amount not to exceed $300,000.00. This is a task assignment type agreement. The Department will furnish the Consultant a Letter of Authorization specifying the services to be performed and the fees to be paid for each project assigned under this agreement. Compensation for individual assignments will not exceed $250,000.00. 2.10 Summary of Compensation Fees for each Letter of Authorization will be negotiated either as a Lump Sum Amount, a Limiting Amount, or as a combination Lump Sum and Limiting Amount. Where lump sum fees are established, fees will be negotiated based on the rates provided in Section 5.00. Were limiting amount fees are established, compensation will be in accordance with Section 2.20. Compensation for appropriate and reasonable direct expense costs may be included in each Letter of Authorization. 2.20 Details of Compensation Lump Sum - The Consultant will receive progress payments for lump sum fee Letter of Authorization based on the percentage of services that have been completed and accepted by the Department during the billing period. Limiting Amount - For any of the following elements which are established as limiting amounts, the Department will compensate the Consultant for all reasonable, allocable and allowable costs incurred. The reasonableness, allocability and allowableness of compensation sought under this agreement is expressly made subject to the terms of this Agreement; Federal Acquisition Regulations; Office of Management and Budget Circulars A -21, A -87, A -102, A -110; and any pertinent Federal and State Law. Direct Salaries and Wages - Subject to the established limiting amount, the Consultant will receive progress payments for direct salaries and wages for time expended by personnel in the performance of authorized work during the billing period at the rates specified in Table 2 of Section 5.00. When authorized in advance in written by the Department, premium overtime will also be paid at a rate of one -half of the tabulated rates. Administrative overhead and fringe benefits costs will be applied to approved straight time salary and wage costs at the combined overhead rates provided in Table I of Section 5.00 Straight time is the amount paid an employee excluding any premium overtime costs. B -1 The Consultant will receive compensation for allowable Facilities Capital Cost of Money (FCCM) in association with salaries. FCCM will be calculated as a percentage of chargeable direct salary and wages with the exception of premium overtime costs at the rates provided in Table 1 of Section 5.00. Operating Margin will be applied to actual approved direct salary costs (exclusive of premium overtime) burdened with applicable administrative overhead and fringe benefits at the rates provided in Table 1 of Section 5.00. Survey Services - Subject to the established limiting amount, the Consultant will be compensated for these services based on the rates provided in Table 3 of Section 5.00. These rates include allowance for salaries, overhead, operating margin, direct expenses, and FCCM if applicable. Payment for such services will be based on approved units of time performed during the billing period. Miscellaneous Direct Expenses - Subject to the established limiting amounts the Consultant will receive compensation for authorized direct expenses properly supported by invoices or other evidence of payment. For travel expenses, state travel voucher must be submitted. 3.00 INVOICING PROCEDURE: Invoices for this agreement will be prepared by the Consultant and submitted to the Department on DOT Form 375- 030 -05e or 375- 030 -05b. The invoices will be submitted in quadruplicate and will be supported by such information as may be required by Department procedures to substantiate the charges being invoiced. The Consultant will maintain for this purpose an accounting system that is acceptable to the Department. Invoice submittal will include a DBE payment certification as provided by the Department. Failure to submit a properly executed certification shall be cause for rejection of the invoice. Within thirty days after receipt of final payment, the Consultant will submit a final DBE payment certificate. Timeliness of such submittal will be a consideration in the performance evaluation of the Consultant by the Department. The Department will render a decision on the acceptability of services within five (5) working days of receipt. The Department reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the Department. Any payment withheld shall be released and paid to the Consultant promptly when work is subsequently performed. The Consultant will promptly pay all subconsultants their proportionate share of payments received from the Department. B -2 4.00 PROJECT CLOSEOUT 4.10 Final Audit: If requested, the Consultant shall permit the Department to perform or have performed, an audit of the records of the Consultant and any or all subconsultants to support the compensation paid the Consultant. The audit will be performed as soon as practical after completion and acceptance of the contracted services. In the event funds paid to the Consultant under this Agreement are subsequently properly disallowed by the Department because of accounting errors or charges not in conformity with this Agreement, the Consultant agrees that such disallowed funds are due to the Department upon demand. Further, the Department shall have the right to deduct, from any amount due the Consultant under any other contract, any amount due the Department under this Agreement. Final payment to the Consultant shall be adjusted for audits results. 4.20 Certificate of Completion: Subsequent to the completion of the final audit, a Certification of Completion will be prepared for execution by both parties stating the total compensation due the Consultant, the amount previously paid, and the difference. Upon execution of the Certificate of Completion, the Consultant shall either submit a termination invoice for an amount due or refund to the Department for the overpayment, provided the net difference is not zero. 5.00 COMPENSATION RATES: The following tables are provided for definition of contractual rates: Table 1 - Contract Rates for Overhead, Operating Margin, FCCM and CADD Table 2 - Salary Rates /Caps Table 3 - Survey Rates per Unit of Time OPERATING OVERHEAD CONSULTANTS OVERHEAD % MARGIN % MULTIPLIER Manuel G. Vera and Associates, Inc. 156.999c' 12% 2.87828 Nutt. The above rates for Overhead and Operating Margin are rNed and not subject to audit adjustment during the term of the agreement. B -3 Note: Overhead, Operating Margin and FCCM, if applicable, will be added to the above rates in accordance with Section 2.20. Manuel`C 'Vera and Associates, Inc Survey Crew Daily Rates SURVEY CREW 8 -IIOUR DAILY RATE FROM 0 MILES TO 30 MILES 1998 ECA 2000 Three (3) Man Survey Party Rates Manue3;:G Yera and Associates `Inc ;. $ 754.57 5 792.30 Four (4) Man Survey Party Rates .::JOB CLASSIFICATION 938.36 1998: 1999 2000 PLS Principal S 33.07 $ 34.72 5 36.46 PLS Supervisor 25.00 26.25 27.56 CADD Operator /Computer Technician 19.33 20.30 21.32 Supervisor (Non -PLS) 17.00 17.85 18.74 Draftsperson /Survey Technician 16.00 16.80 17.64 Steno /Clerical 12.75 13.39 14.06 Note: Overhead, Operating Margin and FCCM, if applicable, will be added to the above rates in accordance with Section 2.20. Manuel`C 'Vera and Associates, Inc Survey Crew Daily Rates SURVEY CREW 8 -IIOUR DAILY RATE FROM 0 MILES TO 30 MILES 1998 1999 2000 Three (3) Man Survey Party Rates S 718.64 $ 754.57 5 792.30 Four (4) Man Survey Party Rates 893.68 938.36 985.28 Five (5) Man Survey Party Rates 1,068.64 1,122.07 1,178.17 Manuel G, Vera and Associates, Inc. Survey Crew Daily Rates ADDITIONAL DAILY RATE FROM .31 MILES TO SO MILES 1998 1999 2000 Three (3) Man Survey Party Rates S 89.83 $ 94.32 S 99.04 Four (4) Man Survey Party Rates 111.71 117.30 123.16 Five (5) Man Survey Party Rates 133.58 140.26 147.27 B -4 ADDITION AIbAILY RATE'FROM: 1998 1999 2000 -' Three (3) Man Survey Party Rates Sl MILES TO 75 MILES . S 141.48 1998 1999 :2000 Three (3) Man Survey Party Rates 184.74 S 179.66 S 188.64 S 198.08 Four (4) Man Survey Party Rates 223.42 234.60 246.32 [Five (5) Man Survey Party Rates 267.16 280.52 294.54 HOURLY RATE IN EXCESS 'OF 40 HOURS 1998 1999 2000 -' Three (3) Man Survey Party Rates S 134.75 S 141.48 S 148.56 Four (4) Man Survey Party Rates 167.57 175.95 184.74 Five (5) Man Survey Party Rates 200.37 210.39 220.91 Note: The above rates include allowances for salaries, overhead, operating margin, direct expenses and FCCM, if applicable. B -5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350 - 020-01 ENCUMBRANCE INPUT FORM COMPTROLLER -FIN ADMIN 3/98 ------------------------------------------------------------------ ------------------------------------------------------------------ RUSH (Needed by _ /_/ (date)) Reason for RUSH _ Advertise (Letting Date) e Termination /Cert of Comp _ Award _ LOA Supplemental Renewal Correction XXX New Addition Court Order Overrun Contract # C- _6970_ Contract Type _CE_ Method of Procurement C_ Vendor Name MANUEL G. VERA Vendor ID VF- 591741639 -002 Has Written /Verbal Approval from a Participating Federal Agency been received _ Yes _ No XXX Fed Agmt Amt State Funds Local Funds Beginning date of this Agmt: 09 /28 /98(Must be after fund approval) Ending date of this Agmt: 09 /28 /00(Estimate if necessary) Execution date of this Agmt: 09/28/98(Only on original agreements) Has work been authorized to begin? _ Yes XXX No Have standard financial provisions been altered by contract terms? _Yes XXX No If so, show Revision date: Does this agreement and /or change order include provisions for reimbursement to D.O.T. from other entities? — Yes XXX No #»#»######»»»»###»#######»»######## » # # # » # » # # # » » # # » » # » » # # # # # # # #rrr» Brief Description of Work /Comments: D/W MISC CEI ORG -CODE *ED * OBJECT AMOUNT *FIN PROJ or JOB # *FCT (FISCAL YEAR) (FUND) alpha 55 064010606 *11 * 131551 * $300,000 * 25067616201 *154 (98/99) (DS) ------------------------------------------------------------ - - - - -- 55 xxxxxxxxx *xx * xxxxxx * $ * xxxxxxxxxxx *xxx (xx /xx) (xxxx) ------------------------------------------------------------ - - - - -- 55 xxxxxxxxx *xx * xxxxxx $ xxxxxxxxxxx *xxx (xx /xx) (xxxx) ------------------------------------------------------------------ TOTAL AMOUNT * $300,000 ------------------------------------------------------------ - - - - -- Originator:JENNY P. CHATILA_ DATE SENT:09/16/98_ PH(SC):429 -5403_ E -mail USERID(s)_PM626JC rr# rr##################### r####»### # #r #r # # # #r » # # # » #r # # # #rr # » # # # # #r TO BE COMPLETED BY OFFICE OF COMPTROLLER . # # ♦ # # # » # # . # # # # # # # # # # # R r # # # # # # # # r # r # # # # # # # # # # # r # # # r # r # # r • # r # r r r # # » BUDGET ENTITY 90 CATEGORY _ 088718 WORK PROGRAM VERIFICATION OK ALLOTMENT _OK YEAR _99_ DATE CHECKED _ 09/17/98 CI 04 /NEW 6S LINE 0001 FUNDS APPROVED BY JOHN FAIN FOR THOMAS F. BOYD, CPA, COMPTROLLER DATE: 09/17/98 ..............#.................... ».............................. CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 20, 1998 RE: Agenda Item # _ Approval of authorization to enter into an agreement with Recio and Associates for landscape maintenance and litter control services for the 98/99 Fiscal Year The attached resolution seeks approval to authorize the City to enter into an agreement for litter removal and landscape maintenance with Recio and Associates, Inc. ( Recio) for the current year at a cost not to exceed $36,300.00. The City entered into a similar agreement with Recio (for US 1 highway medians) during the past fiscal year. The agreement was based on a competitively bid contract between the City of Coral Gables and the above vendor. Recio's performance and responsiveness were above satisfactory during the contract period. Based on the attached agreement, Recio would provide the following landscape maintenance and litter removal services for the fiscal year (beginning early November): Location US I Highway median (801h St. — 57th Av.) Sunset Dr. Median (US 1 — 691h Av.) Frequency/ cycles per year Twice per mo. /24 SAME AS ABOVE Cost for FY 22 cycles Unit Cost* (11 mo.) ** $16.25/1000 sq. ft. $20,200 per cycle SAME AS ABOVE $16,100 TOTAL ANNUAL COST: $36,300 * Based on City of Coral Gables contract no. PN /29005 in effect through 9/30/98. * *Includes cost for two cycles in October for US 1 median only per FY `97 -'98 contract provisions. \continued... MAYOR AND COMMISSION OCTOBER 20,1998 PAGE TWO Included in the above annual fee, Recio will provide litter control service once per week (Saturday A.M.) for the downtown district planters and the US 1 median sections adjacent to the district (between 57th Avenue and 74th Street). The inclusion of this service results in overall unit costs for maintenance and litter control services which are lower than the competitively bid Coral Gables rates. The cost savings resulting from this approach are substantial. To illustrate, the estimated annual labor cost to provide these services in -house for the US I and Sunset medians alone would be close to $32,000. This is exclusive of fringe benefits, equipment wear and maintenance, and fuel. When these costs are considered in conjunction with the labor for weekly litter removal for the downtown planters and adjacent US1 medians, the financial benefit of this contract are clear. It is recommended that this agreement be for the current fiscal year, but that it provides the option for two (2) one -year extensions. These options would be recommended based on the competitiveness of the rates, and contractor performance. Funding for this disbursement will come from Account No. 1750 -519 -3450, 'Landscape Maintenance Division — Contractual Services ". This account was funded with $28,500. 00 for the fiscal year. The remaining $7,750. 00 for the contract cost will be funded from account no. 1750 -519 -4625, ", 'Landscape Maintenance Division — Landscape Improvements ". This account will have a resulting balance of $67,250.00. The financial and service delivery impacts of this contract are significant. Therefore, approval is recommended. Attachments 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RECIO AND ASSOCIATES, INC. FOR LANDSCAPE MAINTENANCE AND LITTER CONTROL SERVICES ALONG THE US 1 MEDIAN, SUNSET DRIVE MEDIAN, AND THE DOWNTOWN AREA AT A COST NOT TO EXCEED $36,300.00 FOR THE CURRENT FISCAL YEAR AND CHARGING $28,500.00 OF THIS AMOUNT TO ACCOUNT NO. 1750 -519 -3450 "LANDSCAPE MAINTENANCE DIVISION — CONTRACTUAL SERVICES" AND $7,750.00 TO ACCOUNT NO. 1750- 519 -4625, "LANDSCAPE MAINTENANCE DIVISION - LANDSCAPE IMPROVEMENTS ". WHEREAS, for the past nine months the City of South Miami has successfully employed the contracted services of Recio and Associates, Inc. for maintenance of the US 1 highway median, and; WHEREAS, as part of Public Works' cost reduction initiative, the current year's budget includes the expansion of contracted landscape maintenance to cover the Sunset Drive median and litter removal services for the downtown district, and; WHEREAS, Recio and Associates is currently on contract with the City of Coral Gables through that municipality's competitive bid process, and; WHEREAS, the total cost quoted by Recio and Associates is based upon the unit costs for landscape maintenance and litter control as provided in the City of Coral Gables' competitively bid contract. NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has obtained the following quote for landscape maintenance and litter control services based on the Coral Gables contract number PN /36513, authorized through that municipality's Resolution No. 29005. The following services provided at a cost not to exceed $36,300 annually: US 1 and Sunset Drive (SW 72'd Street) medians: Landscape maintenance - 24 cycles/ year (2X per mo.) Downtown district — existing and new planters: Litter removal — downtown and adjacent US medians - 52 cycles /year (IX per week) 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 Section 2. The City Manager be, and is hereby authorized to disburse a sum not to exceed $36,300 during the fiscal year to Recio and Associates, Inc. Section 3. That this resolution shall be effective immediately after adoption thereof. PASSED AND ADOPTED this 20th day of October, 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 20, 1998 FROM: Charles D. Scurr RE: Agenda Item # City Manager Commission Meeting, October 20, 1998 Approval of expenditure for the EMERGENCY REPLACEMENT OF THE A/C UNIT FOR THE CITY MANAGERS OFFICE (After the fact) The attached resolution seeks approval for a total of $2,100.00 funding to pay Noval Air Conditioning, Inc. for the replacement of the air conditioning unit at the City Manager's office. The existing unit burned out on September 22, leaving the Manager's office work area without the control of proper temperature and /or air circulation. Since the installation was considered an emergency, only one bid was acquired from a known licensed vendor. In the past quotations Noval Air Conditioning, Inc. has always being the lowest bidder. It should be noted that the equipment was replaced because it was not cost effective to repair it. This expenditure will be charged to the Account No. 1710 -519 -4670, "Maintenance and Repair of Grounds and Structures" of 97 -98 budget and is not to exceed $2,100.00 to install. It is recommended that the City Commission approve the proposal expenditure. Attachments 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 RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,100.00 TO NOVAL AIR CONDITIONING, INC. FOR THE REPLACEMENT AND INSTALLATION OF AN AIR CONDITIONING UNIT AT THE CITY MANAGER'S OFFICE AND CHARGING THE DISBURSTMENT TO ACCOUNT NUMBER 1710- 519 -4670 "MAINTENANCE AND REPAIR OF GROUNDS AND STRUCTURES" WHEREAS, Noval Air Conditioning, Inc. is a properly licensed through Miami -Dade County, and; WHEREAS, a serious breakdown in the City Manager's office air conditioning system called for an emergency repair, and; WHEREAS, on numerous occasions Noval Air Conditioning, Inc. in the past has been the lowest bidder for similar work. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The following emergency quote was obtain from Noval Air Conditioning, Inc.: Noval Air Conditioning, Inc. $2,100.00 Section 2. The City Manager is hereby authorized to disburse the sum of $2,100.00 to Noval Air Conditioning, Inc. upon satisfactory completion of the aforementioned work. Section 3. This resolution shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 20th day of October 1998 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED MAYOR f CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 20, 1998 FROM: Charles D. Scurr RE: Agenda Item # /D City Manager Commission Meeting, October 20, 1998 Approval of expenditure for the repair work of Police City Vehicle no. 98 -04. The attached resolution seeks approval for the repair of police market vehicle no.98 -04. The cost of the repair work is $2,871.20. In late August, the patrol vehicle was involved in an accident requiring extensive body work and re- painting. Three quotes for repair were obtained from local vendors. The quote with the best warranty and price was produced by Auto Pro Body Shop Inc. The cost for the repairs will be charged to the City's "Self- insurance Fund". The repair of the Police vehicle is essential to the efficient operation of the Uniform Division. Approval is therefore recommended. Attachments 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 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 $2,871.20 TO AUTO PRO BODY, INC. FOR THE REPAIR OF POLICE PATROL VEHICLE NO. 98 -04 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 504 -1500- 514.4680, "SELF INSURANCE FUND /AUTO REPAIRS ". WHEREAS, the City of South Miami provides police protection for residents, visitors and the business community, and; WHEREAS, police patrol vehicle no. 98 -04 was recently damaged in an accident, requiring body work and miscellaneous repairs, and; WHEREAS, it is imperative that all police patrol vehicles are operational in order to maximize the effectiveness of police protection efforts. NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has obtained the following quotes for the repair of the patrol vehicle: Palmetto Ford Body Shop $2,987.80 Metro Paint & Body Shop $2,880.20 Auto Pro Body Shop Inc. $2,871.20 Section 2. The City Manager be, and is hereby authorized to disburse the total sum of $2,871.20 to Auto Pro Body Shop Inc. Section 3. That this resolution shall be effective immediately after adoption thereof. PASSED AND ADOPTED this 20th day October of 1998. APPROVED: MAYOR 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 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 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 ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $4,280.63 CHARGING $698.59 TO ACCOUNT NO. 1500- 3435, CONSULTING -REAL PROPERTY/FORECLOSURE, CHARGING $277.04 TO ACCOUNT NO. 608 - 1910 -521 -3100, PROFESSIONAL SERVICES AND CHARGING THE REMAINDER TO ACCOUNT NO. 1500 -3410, LEGAL SERVICES -NON RETAINER; PROVIDING AN EFFECTIVE DATE. 5 WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99- 94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending September 30, 1998, in the amount of $4,280.63; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $4,280.63, are approved for payment and $698.59 shall be charged to Account No. 1500 -3435, Consulting -Real Property /Foreclosure, $277.04 to account no. 608- 1910 -521 -3100, Professional Services, and the remainder to Account No. 1500 -3410; Legal Services Non Retainer. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October, 1998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY N:\ EGallop \Csmord- res \attomeyfeeNGFsept 1998- res.doc NAGIN GALLOP FIGUEREDO`'`. Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 October 14, 1998 Mr. Charles D. Scurr, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami Facsimile: (305) 854 -5351 Dear Mr. Scurr: Enclosed are our statements for professional services rendered and for costs advanced for the period ending September 30, 1998, in the amount of $4,280.63. I tabulated the amounts due on each individual file as follows: 0022 -003 Lien Foreclosures Prof 1 Services $ 657.50 Disbursements 41.09 Total Due $ 698.59 0022 -004 DCA v. CSM Prof l Services $ 17.50 Disbursements 0 Total Due $ 17.50 0022 -021 Forfeiture: Prof l Services $ 240.00 1991 Acura Legend Disbursements 37.04 Total Due $ 277.04 0022 -023 Parking Garage Prof'l Services $ 332.50 Contract Disbursements 0 Total Due $ 332.50 0022 -025 CSM v. IDAS Profl Services $ 2,955.00 Disbursements 0 Total Due $ 2,955.00 CURRENT TOTAL DUE $ 49280.63 Charles D. Scurr, City Manager October 14, 1998 Page 2 Do not hesitate to call me if you have any questions regarding these statements. Very truly KIWK Gallop Cc: Mayor and city commission CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 October 9, 1998 Charles D. Scurr Matter ID: 0022 -003 City Manager City of South Miami Foreclosures 6130 Sunset Drive Statement No. 2467 South Miami, Florida 33143 Rate Summary Eve A. Boutsis Total Professional Services 657.50 4.30 hours at $125.00/hr 537.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment, is not received within 30 days. Hours Amount 9/4/1998 EAB Telephone conferences with Michael Lyons regarding Model City 1.00 125.00 Property in an attempt to receive payment prior to foreclosure action; with Cline, Esq., regarding Williamson property and possible release of lien against two respondents; prepared memorandums to files; and with Sonia Lama and Eva Rosa 9/9/1998 EAB Dalma, Inc. Apartments: Notice of intent to foreclose on property 0.70 87.50 due to violation and liens placed on the property 9/9/1998 EAB Krummrei: Memorandum to Eva Rosa regarding foreclosure 0.60 75.00 complaint filed against property and allegations that the property might be homestead,and further handling 9/16/1998 EAB Prepared release of liens as against two mortgagors, Phillip 0.40 60.00 Sassoon and Paul Rabin 9/23/1998 EAB Northwest Foreclosure file: Prepared memorandum to Ms. Lama 0.30 37.50 regarding Poole & Williams and cross referencing Northwest Mortgage, regarding proceeding with foreclosure action 9/23/1998 EAB Johnny Jackson: Analysis of file; reviewed and analyzed 1.00 125.00 memorandum from Ms. Lama; and prepared memoranda to Mr. Gallop and Ms. Lama regarding possible foreclosure action against property 9/23/1998 EAB Walker: Reviewed file and prepared memorandum to Mr. Gallop and 0.70 87.50 Ms. Lama regarding authorization to proceed with foreclosure action 9/29/1998 EAB Williams: Review of releases on Williams property against Mr. 0.40 60.00 Sassoon and Rabin. Rate Summary Eve A. Boutsis Total Professional Services 657.50 4.30 hours at $125.00/hr 537.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment, is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -003 Page: 2 Eve A. Boutsis 0.80 hours at $150.00 /hr Total hours: 5.10 Expenses Legal research Postage Photocopies Telefacsimile charge 9/13/1998 Certificate of Death For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Expenses: Total Due 120.00 1.71 5.38 12.00 3.00 19.00 41.09 To be properly credited, please indicate Statement Number on your remittance check. 657.50 41.09 698.59 1,676.91 0.00 2,375.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLUP FIGUEREDO EA. Attorneys & Counselors Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 9/30/1998 EGG Transmitted final order of dismissal Rate Summary Earl G. Gallop Total hours For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Facsimile: (305) 854 -5351 October 9, 1998 Matter ID: 0022 -004 DCA v. City of South Miami Statement No. 2468 Hours 0.10 Total Professional Services 0.10 hours at $175.00/hr 0.10 Total Due 17.50 To be properly credited, please indicate Statement Number on your remittance check. Amount 17.50 17.50 17.50 0.00 17.50 72.96 0.00 90.46 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 October 9, 1998 Matter ID: 0022 -021 Forfeiture: 1991 Acura Legend Statement No. 2474 Hours Amount 9/4/1998 EAB Analyzed file; prepared Motion Confirming Default Final Judgment 1.40 140.00 or in the alternative, motion to strike amended answer 9/29/1998 EAB Hearing in front of Judge Bloom requesting confirmation of Default 1.00 100.00 Final Judgment. Total Professional Services Rate Summary Eve A. Boutsis 2.40 hours at $100.00 /hr 240.00 Expenses Total hours: 2.40 Courier charge 34.98 Postage 2.06 Sub -total Expenses: 37.04 240.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -021 Page: 2 For Professional Services 240.00 For Disbursements Incurred 37.04 Current Balance: 277.04 Previous Balance: 270.00 Payments - Thank you 0.00 Total Due 547.04 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Facsimile: (305) 854 -5351 October 9, 1998 Matter ID: 0022 -022 Forfeiture: 1988 Ford Mustang Statement No. 2379 Total Due To be properly credited, please indicate Statement Number on your remittance check. 0.00 1,064.08 0.00 1,064.08 ;J J J ai I h QQ Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5 % per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 October 9, 1998 Matter ID: 0022 -023 Parking garage contract Statement No. 2475 Rate Summary Luis R. Figueredo Total Professional Services 332.50 1.90 hours at $175.00/hr Total hours: 1.90 332.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 9/10/1998 LRF Telephone conference with Mr. Scurr. 0.30 52.50 9/14/1998 LRF Conference with Mr. Gallop. Began review of draft of Air Rights 0.30 52.50 Agreement. 9/15/1998 LRF Reviewed Air Rights and Development Agreement. 1.00 175.00 9/21/1998 LRF Conference with Mr. Gallop regarding status of matter. Telephone 030 52.50 conference with Mr. Scurr's office. Rate Summary Luis R. Figueredo Total Professional Services 332.50 1.90 hours at $175.00/hr Total hours: 1.90 332.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -023 Page: 2 332.50 0.00 332.50 402.50 WC Total Due 735.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLUP FIGUEREDORA. Attorneys & Counselors Telephone: (305) 854 -5353 Charles D. Scurr City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Facsimile: (305) 854 -5351 October 9, 1998 Matter ID: 0022 -025 CSM v. IDAS Statement No. 2476 Rate Summary Jeffrey B. Mallory Total Professional Services 19.70 hours at $150.00 /hr Total hours: 19.70 2,955.00 Amount 75.00 450.00 450.00 375.00 870.00 600.00 30.00 105.00 2,955.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Hours 9/11/1998 JBM Receipt of instructions to analyze IDAS contract and evaluate 0.50 alleged non - performance by contractor 9/11/1998 JBM Reviewed and analyzed facts regarding history of contract and 3.00 alleged problems. 9/21/1998 JBM Prepared for and attended meeting with Slaven Kabola regarding 3.00 alleged breach of contract by I.D.A.S. and HTE. 9/21/1998 JBM Analyzed additional contract between the City and HTE. Telephone 2.50 conversation with general counsel for HTE regarding resolution of the City's computer problems and attendance at the September 25, 1998 meeting. 9/22/1998 JBM Review client materials and prepare for meeting with IDAS and HTE 5.80 regarding breach of contract. 9/23/1998 JBM Prepare legal outline for meeting with IDAS and HTE. 4.00 9/28/1998 JBM Telephone call with Mr. Kobola regarding HTE's refusal to offer 0.20 additional maintenance. 9/28/1998 JBM Prepare letter to Mr. Gornto regarding continued maintenance of 0.70 the City's computer system. Rate Summary Jeffrey B. Mallory Total Professional Services 19.70 hours at $150.00 /hr Total hours: 19.70 2,955.00 Amount 75.00 450.00 450.00 375.00 870.00 600.00 30.00 105.00 2,955.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE Matter ID: 0022 -025 Page: 2 For Professional Services 2,955.00 For Disbursements Incurred 0.00 Current Balance: 2,955.00 Previous Balance: 0.00 Payments - Thank you 0.00 Total Due 2,955.00 To be properly credited, please indicate Statement Number on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. SOUTH MIAMI POLICE DEPARTMENT INTER- OFFICE MEMORANDUM TO: Mayor and City Commission FROM: Charles Scurr, City Manager 000'1 DATE: Oct. 8, 1998 SUBJ: Agenda 4?-000 Comm. Mtg. Oct. 20,1998 Payment to Metro -Dade ITD -Radio Services Attached please find a memorandum from the Chief of Police seeking authorization to pay the attached invoice totalling $2,548.15 which is due and payable to Metro -Dade ITD - Radio Services. This invoice duly reflects the services such as instllation of light bars, radio equipment, etc., performed by the Radio Shop for the Police Department. The balance in account 1910 - 521 -4630 (Maintenance and Repair - Communication Equipment) is $28,114. I recommend passage of the Resolution for payment of these services. CS /esw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHOR- IZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $2,548.15 TO MIAMI -DADE ITD -RADIO SERVICES FROM ACCOUNT 1910- 521 -4630 (MAINTEN- ANCE AND REPAIR - COMMUNICATION EQUIPMENT)FOR PAYMENT OF PAST DUE RADIO SHOP INVOICES. WHEREAS, the Radio Shop has performed services for the South Miami Police Department in the installation of light bars, radio equipment, etc., and WHEREAS, the submitted invoices duly reflect these services performed by the Radio Shop, 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 disburse a sum not to exceed $2,548.15 to Miami -Dade ITD - Radio Shop from account number 1910 - 521 -4630 (Maintenance and Repair - Communication Equipment). Section 2: That this Resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1998. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR MIAMI DADE ITD - RADIO SERVICES 5680 SW 87TH AVENUE MIAMI, 33173 BILL TO CITY OF SOUTH MIAMI 6130 SW SUNSET DRIVE SOUTH MIAMI, FL 33143 ATT: ACCOUNTS PAYABLE Invoice DATE INVOICE NO. 9/18/97 R970099 MAIL CHECK WITH COPY OF INVOICE TO: METRO DADE INFORMATION TECHNOLOGY DEPT 5680 SW 87TH AVENUE MIAMI, FL 33173 ATT : ACCOUNTS PAYABLE REVENUE CODE ITR27318(56105) DESCRIPTION MONTHLY CHARGE AMOUNT FEBRUARY, 1997 i 2,548.15 I I I 2,548.15 PLEASE MAKE CHECK PAYABLE TO 'BOARD OF COUNTY Tota 1 COMMISSIONERS' $2,548.15 a f ggMEEERRTRO��EEDggA��D��E�� - IITD RADIO 5680VAVITRANVENUE MIAMI, FL 33173 BILL TO I CITY OF SOUTH MIAMI 6130 SW SUNSET DRIVE SOUTH MIAMI, FL 33143 ATT: ACCOUNTS PAYABLE Invoice DATE INVOICE NO. 1-9/18/97 I R970099 MAIL CHECK WITH COPY OF INVOICE TO: METRO DADE INFORMATION TECHNOLOGY DEPT 5680 SW 87TH AVENUE MIAMI, FL 33173 ATT : ACCOUNTS PAYABLE $2,548.15 C C sC r m 0 N O' m e� N t1 m PJ1 m o H N � � � O O N1 . 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Scurr City Manager fcole, Date: October 16, 1998 Re: Agenda Item 4 _ Comm. Mtg. October 20, 1998 AT &T Cellular Telephone Service The Police Department began service with AT &T Cellular in November 1997 to provide it's cellular telephone service. The cellular telephones in use at that time were analog and many of them needed new batteries. AT &T not only offered a better rate but they also provided twenty new digital cellular telephones. There was several lengthy delays while we were attempting to obtain a contract from AT &T. During this time for aml action was not brought to the City Commission and the monthly invoices were never paid. The South Miami Police Department is requesting to pay AT &T Cellular the amount of $7.769.65, from account 1910 -521 -4630 (Communication Equipment, balance $10,105.00). Purchase shall be from 1997/98 fiscal year budget. The City will be putting the provision of cellular service out for a new competitive bid and it is anticipated that this process will be completed by the end of the calendar year. I recommend approval. 1 2 3 4 5 6 7 8 9 RESOLUTION NO. IAMREAS, the Police Department uses cellular telephones for the purpose of maintaining communications with the department's supervisors while they are away from the Police Department, and '%qIEREAS, cellular telephone increase the productivity of the department's supervisors and detectives, and WIEREAS, the use of cellular telephones increase the safety of the citizens of the City of South Miann by allowing the police supervisors to quickly react in emergency situations and obtain or give necessary information, NOW, TBEREFORE, BE IT RESOLVED BY TBE COMMISSION OF TBE CITY OF SOUTH NRAMI, FLORIDA: Section 1. That the City Manager is authorized to disburse a sum not to exceed $7,769.65 to AT&T Cellular from account number 1910-521-4630, Maintenance and Repair of Communication Equipment. F-IVVII u �, � 11 wwslou� v CITY OF SOUTH MIAMI To: Mayor and Commission From: Charles Scurr City Manager 4b Date: September 1, 1998 Agenda Item # Approval of Emer ency Expenditures — Hurricane Georges The City Commission, under it's emergency powers, authorized the City Manager to undertake all necessary actions to prepare for Hurricane Georges. Under the provisions of Resolution 270- 98 -10538 the Manager was empowered to make necessary emergency purchases, approve overtime, etc. The emergency ordinance provides that the Manager to bring these expenditures to the Commission for ratification. Attached is a detailed listing of the expenditures. The total amount of items purchased is $5,412.40. The total amount of overtime expended is $8,886.63. Funds are available in all of the appropriate line items to cover these expenses. However, it should be noted that the Federal Emergency Management Administration (FEMA) has indicated that they will reimburse the City 100% for pre - hurricane expenses and 75% for post- hurricane expenses. The documentation and reimbursement process is underway. Ratification and approval are recommended. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVAL OF EXPENDITURES INCURRED DURING WEATHER EMERGENCY RESULTING FROM HURRICANE GEORGES, AND AUTHORIZING THE CITY MANAGER TO APPLY FOR ANY AVAILABLE ASSISTANCE TO REIMBURSE THE CITY FOR THE FUND EXPENDED. WHEREAS, on September 23, 1998, the City Commission of South Miami held a special meeting to approve resolution number 270 -98 -10538 declaring weather emergency in preparation for Hurricane Georges; and WHEREAS, the resolution authorized the City Manager to take all necessary actions, including acquisition of goods and services, to achieve effective management of the emergency, and to report to the City Commission at the next regularly scheduled meeting; and WHEREAS, the City Administration has estimated the total amount of funds expended on supplies for preparation and recovery of the hurricane to be about five thousand five hundred and twelve dollars, forty cents ($5,512.40), as per attached exhibit; and WHEREAS, the total overtime payment for both the preparedness and cleanup is estimated to be eight thousand eight hundred and eighty six dollars, sixty three cents ($8,886.63); and WHEREAS, the City Administration has been informed of the possibility for reimbursement of these expenses, as stated in the attached letter from Miami Dade Office of Emergency Management. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The total expenditures relating to the emergency is approved as submitted by the City Manager. Section 2. The City Manager is authorized to request any available assistance to reimburse the City of these expenses. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 91998. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Hakeem Oshikoya Subject: FW: HURRICANE EXPENSES - -- Original Message - From: Kathy Vazquez Sent: Monday, September 28, 1998 1:38 PM To: Hakeem Oshikoya Subject: HURRICANE EXPENSES OFFICE DEPOT (req #cs00423) 10 DISKETTES $69.90 4 6 VLT BATTERY $15.20 $85.10 10 BATTERY "D" $114.90 10 BATTERY "C" $114.90 24 FLASHLIGHTS $146.74$376.54 JULES BROTHERS (req #cs00425) 24 YELLOW RAIN COATS $622.80 3 ORANGE RAIN COATS $ 77.85 1 RAIN BOOTS $ 21.95 (for pw & p &r) $722.60 5 PR RAIN BOOTS $109.75 (for p &r) $109.75 WINN DIXIE (CK #021152 $146.88) 24 - -24PKS SODAS $143.52 (diff of $3.36 returned to Maria Munro) $143.52 HERTZ RENTAL (PO #M0108) RENTAL OF BACK HOE $4$415.00 W.W.GRAINGER (REQ. #CS000426) 2 GENERATORS $1.198.00 $1.198.00 CRYSTAL MOUNTAIN SPRINGS(PO #M0107) 50CS 6/1 GAL WATER $3$300.00 CRYSTAL MOUNTAIN SPRINGS(P0001852) 60 5GAL WATER $297.00 $297.00 AMERILUMBER (OPEN PO #1548) 2 ROLLS PLASTIC $39.20 2 ROLLS PLASTIC $58.90 3 ICE COOLERS $34.59 *ONLY CHARGED FOR ONE COOLER) $132.69 ALL CLEAN JANITORIAL (OPEN PO #) 1 CS CUPS $69.95 1 CS PLASTIC PLATES9133.75 1 CS PLASTIC PLATES6126.85 1 CS STYROFOAM CUPS $12.90 $143.45 AMERILUMBER (OPEN PO #1548) 15 PLYWOOD $246.75 4 DUPLEX NAILS $ 3.80 4 STUB NAILS $ 6.00 4 NAILS $ 4.20 1 2 TAP -CON SCREWS LISA MORTON Food and Snacks $ 20.00 $280.75 HOOLIGANS 100 Sandwiches &25 Dinners $350.00 $350.00 ACE LAWN MOWER SERVICE 2 Chain Saws $758.00 $758.00 GRAND TOTAL $ 5,512.40 tj r-, u r R C m mz0 ® 7 Z m m G7 O � r 0 N (J, =m Ocf) C X CO TAT mmmmm 00 03mw T z 2 n 3 -i 3 9 i-1-,c 3 A 9 �� 9 9 -� 0 ; m 3 n m V n x c� y x � A A A A A V V V V V O O O O 0O 01 N 01 01 O O W 0Z W O O N O N O 8 2 0 0 O 0 O N O- 0 m O O O D a V Cl 12 W Co' 10101 1 a z x 0 m m 0 9 9y 7:0 o -0 0 0 < o m < o D � D -c-= p D D 2z cnDO r �mzz mztvN rtm_im2 c z�� 0 z�c m�ND 00F 11 =m�rD- m m m-+� 0 mA < D D GI D m F 0 m N N r m m i m =° D O m D D m A m n O O m `O. m< 1 Z A Z -Aj D A r D z D A° y z D D m D Z m m 3 D� MC) n0 m ti N D m D D D O D N O] Om A (O A V N A O 0 0 OD co � N W p O V N 10 co W A W 0 0 0 m 0 0 O 0 W _ N O O 0 0 0 t V 0 O OD O m am � A O O O O O W O O W O O N v 0 O O O O O O O ye N 800 0 0 0 0 0 0 0 0 00 0 (n 0 0 O O O O 00 O O 0 00. 0 0 0 0 0 0 0 0 0 O O N C C C c c C ao m m w al w O 0 0 0 0 0 0 0 0 �o D D D D D D S W r r r r r r m A N 0 0 0 0 0 0 O O W O O O O O O O O O O O G 0 1010101. 0 0 0 0 0 0 0 0 0 01010101 0 G1 O 0 O 0 0 O O 0 O 0 O 0 00 0 0 00 0 O O O O O pO O 0 O N m O i W ? 4W N 0 r N N ZO N N O O O O O A O O O O O O O O O O O O O 0 0 0 0 0 OND O 0 .(00 0 0 2 O A O O O 0 0 0 0 O r-, u r R C m mz0 ® 7 Z m m G7 O � r 0 N (J, =m Ocf) C X CO C m� M> ® 7 zmm C/) r 0 �m rrrrr A rvi to m Po N N N N N N N N) N N N N N Z V T V J T Ol J V P (P D 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 O O O N aN 1 0N ) 0N 7 N O O + W O O O 0) O O O 00 O O O O O O O O O O O O O Z O O O O O OD A + O 0 T O J O 0 O 0 O W O W O O A + W W w A w N f0 O N m n 2 rti m x p D a D m D O O M z r o 0 N p o Z p zN D O r -I T. 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N W 0 0 0 0 0 (T N 10 0 0 0 0 0 0 0 0 0 -t 0 -+ 0 0 000 0 0 O (O 0 0 O O 0 0 O O 0 0 O O 0 0 O O 0 0 O O W O O O O O A 0 0 0 0 (O O O O O O 0 m �c m� m >n ® 7 Z m m G7 G7 ��MO �m _Cl) O cn 89/Z8/98 18:88:89 30S -273- 6788 -> 38S 663 6353 Emergency Management Page 881 To : Mike Mills, South Miami Police Department Metropolitan Dade County Fire Rescue Department Office of Emergency Management 5600 SW 87 Avenue Miami, Florida 33173 -1618 (305) 273 -6700 Fax; (305) 273 -6708 September 28, 1998 TO: Various Agencies and Departments RE: Hurricane Georges Pursuant to damages in certain areas of the State of Florida resulting from Hurricane Georges (3131 -EM) on September 22, 1998, the President of the United States declared an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Relative to this declaration, the Miami -Dade Office of Emergency Management is requesting estimated costs which your agency or department may have incurred as a result of this hurricane. We are requesting the following information, including when the expense was incurred: 1. Uninsured damages of any sort sustained as a result of Hurricane Georges. 2. Costs for preparation for Hurricane Georges, including: A. Materials used B. Rentals C. Food D. Payroll E. Fringe Benefits associated with overtime F. Wear and tear on equipment In order to meet our deadline of 8:00am, September 30, we are requesting this information from your office by 3:00pm, September 29. Please fax this information to our office at (305) 273 -6708. Thank you for your cooperation and assistance. S' r les V. Director AIways Ready, Proud To Serve .T 3!� a �._�•. IIf1l FROM: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Mayor and Commission DATE: October 20, 1998 Charles D. Scurr RE: Agenda Item # Ir City Manager MARSHALL- WILLIAMSON PARK — OUTDOOR LIGHTING INSTALLATION The attached resolution seeks approval of a $5,850.00 expenditure for underground electrical connection repairs required to complete the installation of outdoor lights at Marshall - Williamson Park (Marshall - Williamson). The outdoor lights and poles throughout the open space area of Marshall - Williamson have been in disrepair for over two years. This creates an unsafe situation for area residents and makes police patrols of the park much more difficult. In June 9, 1998, the Commission approved the expenditure to replace the existing light poles and fixtures with new, vandal -proof lights (see agenda item documents attached). Upon initiation of the on -site work, it has been found that a number of serious deficiencies with the underground wiring exist. These problems, which preclude the proper installation of the lights, include missing underground wire connections, deteriorated wiring and conduit pipes, and severed wiring (apparently the result of tree plantings in early 1990s). The required repairs are extensive, and entail (among other tasks) sawcutting and patching sections of the sidewalk, trenching significant stretches along the park grounds, installation of junction boxes, conduit pipes and wiring, and completing all the necessary electrical connections. Benson Electric was the lowest bidder for the original light replacement work. Since this contractor started the work and found the deficiencies, it is most familiar with the Marshall - Williamson electrical wiring and the overall details of the project. Benson Electric is therefore the firm recommended to complete the underground wiring work required before proceeding with the lighting installation. Funding for this expenditure will come from account no. 1750 -519 -4670, "Maintenance and Repairs of Grounds and Structures ". The account will have a remaining balance of $4,150.00. The lighting situation at Marshall - Williamson needs to be addressed in the near -term. This matter is more pressing as we approach the daylight savings time months. Approval of the expenditure is therefore recommended. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY 5 COMMISSION OF THE CITY OF SOUTH MIAMI, 6 FLORIDA, AUTHORIZING THE CITY MANAGER TO 7 DISBURSE THE SUM OF $5,850.00 TO BENSON 8 ELECTRIC, INC. FOR THE REPAIR OF 9 UNDERGROUND ELECTRICAL WIRING AT 10 MARSHALL- WILLIAMSON PARK AND CHARGING 11 THE DISBURSEMENT TO ACCOUNT NO. 1750 -519- 12 4670, "LANDSCAPE DIVISION - MAINTENANCE 13 AND REPAIRS OF GROUNDS AND STRUCTURES ". 14 15 16 WHEREAS, on June 9, 1998 the City Commission approved the installation of 17 new light poles and fixtures at Marshall- Williamson Park, and; 18 19 WHEREAS, while proceeding with the on -site work the contractor has found a 20 number of significant deficiencies in the underground wiring which preclude the 21 installation of the new lights, and; 22 23 WHEREAS, the contractor who initiated the work, Benson Electric Inc. was the 24 lowest bidder on the original light replacement project and is intimately familiar with the 25 park's electrical system. 26 27 NOW THEREFORE, BE IT RESOLVED by the MAYOR AND CITY 28 COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: 29 30 Section 1. The City Manager is hereby authorized to disburse the sum of 31 $5,850.50 to Benson Electric Inc. 32 33 Section 2. That this resolution shall be effective immediately after adoption 34 thereof. 35 36 PASSED AND ADOPTED this 20th day of October, 1998. 37 38 APPROVED: 39 40 41 MAYOR 42 ATTEST: 43 44 45 CITY CLERK 46 47 48 READ AND APPROVED AS TO FORM: 49 50 51 CITY ATTORNEY 0 0 CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Mayor and Commission DATE: June 9, 1998 FROM: Charles D. Scurr SUBJECT: Agenda Item # City Manager Commission Meeting, June 9, 1998 REPLACEMENT OF LIGHT FIXTURES AT OPEN SPACE AREA - MARSHALL - WILLIAMSON PARK Authorization is sought via the attached resolution for a $7,527.00 expenditure to replace the light fixtures at Marshall - Williamson Park's open space area with modern, vandal - resistant fixtures. The fixtures are not operational due to vandalism damage and possibly age. Due to the above, this area of the park is quite dark during the night. This creates an unsafe situation for anyone in the area. Furthermore, this hampers the Police Department's ability to survey and address illegal activities. The fact that Marshall - Williamson is within a residential area makes this matter that much more serious. The quality light fixtures being proposed are vandal resistant, and will increase the level of safety at this park significantly. In addition to the lighting work, corrective measures to the building's interior electrical wiring/paneling is required. The lighting and this work are interrelated, and will be performed more or less concurrently. Funding for this project is available in this year's budget in the Landscaping Division's maintenance account no. 01- 1750 -519 -4670. Approval of this expenditure is recommended. Attachments 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s RESOLUTION NO.' 1/ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $7,527.00 TO BENSON ELECTRIC, INC. FOR THE REPLACEMENT OF LIGHT FIXTURES AT MARSHALL- WILLIAMSON PARK AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 01- 1750 - 5194670, "LANDSCAPE DIVISION - MAINTENANCE AND REPAIR, GROUNDS AND STRUCTURES ". WHEREAS, the light fixtures mounted on the wood posts within the open space area of Marshall - Williamson park are not in operating condition, and; WHEREAS, the fixtures are beyond repair due to vandalism damage and age, and; WHEREAS, the resulting darkness creates an unsafe environment in the evening hours, and; WHEREAS, the situation is unacceptable, particularly given the park's proximity to a residential area. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29 Section 1. The Public Works Department obtained the following price 30 quotations for the installation of vandal- resistant light fixtures, poles, and 31 associated electrical work at the CAA Building: 32 33 Benson Electric, Inc. $7,527.00 34 Edd Helms Electric, Inc. $14,079.00 35 Honshy Electric Co., Inc. $14,960.00 36 37 38 Section 2. The City Manager be, and is hereby authorized to disburse the 39 sum of $7,527.00 to Benson Electric, Inc. 40 41 42 43 10475 SW 186 Street a1 MIAMI. FLORIDA 33157 (305) 235.6741 pnp001SAt su4rir71) To 66 3 gT.EET crry. STATE AND Zip COO[ XV JOB &OUrww A*C"mcr OAi[ pr R�u•s Joe e.•ONc We hereoy subm.t tpecAiCaUaK and esbrnates tor: /AkS ,+ioi�' � moo? -- .....___.. _ _._._ -.. _ _._ . _. ac�go�►y �eyu • . �. _.. _. _ . �j� "'e'.1- Iffr JIMP1141F hereby to furnish material and tabor — complete irT accordance with above specifications, for the sum of: to tie made as Veil .� 3� 7 ab follows: dollars (S Aa w.aear.al . tvaraaeua to as as wm~. A. ..a.% to be eerea,09, in R.e..r..r atc.N..e to atan.ero pra" We. Any ar.r.eia w de wjlm from a0eee yR,e q. irewa rww I eaera goal. •wW k ...cared " vamm .•►aNw MRrlorited area... a.a �.il oacfrwo ew esen enwn a— Uml at..e Ma esbwmta. All atraa.wa,*% ceMj j, a roaw eMw aeerae..es $i ;MtYre Our eereare w M mor ..Wawa. ta.wa, to eany R.e. te.waaa ar.a .tear wRa...7+n>rra.ea y coo~ M worbnaw. towwa.aea.. er.wre••aa. tr Thit petlpptal may /1{ �rM�.� w'ilyd►aewe by us it not accepted entNrn V V Sys. * •Atll�fSUt! 1'D II88j — The.boas ormM soadhtshum arW conditrent an titastaMry end are hereby ateeptad. You ere autbpritad SrVwwm to do the work as spee►Fad. Paywwm WWII be made as outlined apewt. Gate of Acceptance+ swFulture —_- - - ""W ru / Way fir ar ewnr 4?....f.4 •a11...a1... 0 1 1 r Is - - FC Eco0o0025 AENSON ELECTRIC. INC. cC0360 10475 SW 186 Street MIAMI, FLORIDA 33157 (305) 235.6741 If . row Of -7 Jr. K 'gaAt. SU.IMIT -no To /�o%j'r i S 3 6 C71 OAT[ sillEE '�/� NC_ '(7 9S b'�-J JOE � Clfr. STATE AND ZIP COOK -rou7W /�iteM,' �3/5S'" Joe LOCUTION (0 2-5 ;5rL) 8 57" AlaClaITECT DATE Or "N5 Joe MONK We hereby submit speclfrCStlOnS land estimates for .e,- ,v. 5-1-5-0-4r .Z-Fy_ - _............ __.. _.... -... ......_.... _. _.. _ S ._..1�(S �Jdlti...,1.._ Ci%? G /7r'i.._. G'1'X4 t/ /voT Za ��ezr✓f , ... y /��T _. Favr . may. � � ,�f� Nt f t3 par hereby to furnish material and labor — tomplete In accordance with above specifications, for the sum of: /S 54_4_5 -/f%fi litr�i /�(//t/f37ZG'i� '�' �lJ dollars ($ Pryntant to be made as follows: All nw%wW Is searsntwd tw be to saferlree. All work to bo coo aft w a vrwarawwra nwnwv accord.ne to eta r I yraebees. AnT altar~ w dawrion here above edeeltres. Authorized be $i(,natu►e dOM rwvOaaera antra f i wig Oseate'd 4"1 YOen w.tte" Oroars, and wa becwm an e+tra cMree over mire above Um ead/naM. All aamemests conbwewn woew atnbes, acadents O< aauff cope d our cm hoa. O`rrw 10 Crory OA, ternaaa ant other neeeseary gn9won f. TTlas proposal may be oyr Worsen are fw#r crowed by woronna's co"40"satron 4rawanc6 wdhdrawn Dy us if not a;xepted vreinrn days. A=tOm" Df JIMMIlBI —The ebo.e prlees, ap"WitIeeta and cWWitlons are satistactory rand are treeeby actepte& You OM aWharmil Sil�ture to do the work as spat5ftad. Paymerd wit be made as w0ined abaft. Date of ACCOPW e: S'�nstwt foomttN Will 10/08/1998 12:41 3052354690 BENSON ELECTRIC - � Proposal P4k9eNo PAGE of BENSON ELECTRIC, INC. 10475 SW 186th Street MIAMI, FLORIDA 33157 (306) 235 -6741 !`O�e C.d oae EC0000025 CCO380 X791 .� PROPOSAL SU ITTED V w � PHONE DATE STREET JOB NAME 6zk s"- CITY, $TATS and ?JP COX J61 1111TtON Q ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and esfimates tor; 0 01 111011:1 00011: WIF VrOPOU hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: .�W—. 67x7 ��t3royQi✓A �?+d"r'b�i�t.) �� - dollars (s �. Payment to be made as follows; All material is gua,Wleed to be as soetifietl• All work to be completed In a workmanlike manner wwrtlin9 to stgnda+d pralgces, Any alteration w devlatlon tram above speoiticatlons $ignat ra Involving extra costa will be executed only upon written orders, and wit became an extra ` °$natur® charge over and above the estimarm All agreemenfg contingent upon strikes, accidents or delmys beyond our oontrol. Owner to carry fire, tornado and otleer necessary insurar°oe, OtB; is proposal may be our worKers are fully covered by Workman', Compensation Insurance. withdrawn if fiat accepted within day's. Arreptourr of proposal— The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Nnature to do t a, work as specified, Payment will be made as outlined above. Date of Acceptance; . Signature g10f00/1998 12:41 3052354690 BENSON ELECTRIC PAGE 02 TO: Mayor & City Commission DATE: October 13, 1998 FROM: Charles Scurr SUBJECT: Agenda # �G City Manager Commission Meeting October 20, 1998 Purchase of Computer for Code Enforcement Approval is sought through the attached resolution to release funds to purchase one new computer for the Code Enforcement division. The disbursement of $1,772 will be drawn from account number 001 - 2100 - 519.6430 Operating Equipment, Budget FY 1998 -99. The current balance on this account is $43,756. The 486 -based computer currently used by the Code Enforcement officer cannot effectively process digital photographs, which have been introduced into division's work. Purchasing is seen as being more effective than upgrading the existing computer. v CITY OF SOUTH MIAMI To: Diana Morris Date: October 13, 1998 Assistant City Manager From: Slaven Kobola, AICP Re: New Computer for Code Enforcement ISIGIS Coordinator The Code Enforcement division has been programmed by the Budget 1998 -99 to obtain a new computer capable of effectively processing digital photographs. I recommend Dell OptiPlex GX1+ MiniTower computer with CD -ROM, costing $1,772. The proposed computer contains a more powerful processor, larger hard drive and CD -ROM device that will allow faster processing of digital photographs, which have been adopted by the Code Enforcement division. The computer will be connected to the existing network connection, and the existing software will be reinstalled. This computer will replace Mr. Walker's old, 486 -based computer. Considering the purchasing requirements, Dell Marketing L.P. is a provider under the Florida State Contract 250- 040 -99 -1. I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 3 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE 4 THE SUM OF $ 1,772 FOR PURCHASE OF ONE COMPUTER FOR THE CODE 5 ENFORCEMENT DIVISION, AND CHARGING THE DISBURSEMENT TO 6 ACCOUNT NUMBER 001 - 2100 - 519.6430 OPERATING EQUIPMENT, FY 1998 -99. 7 WHEREAS, the Code Enforcement division has started using digital photographs in its operation; 8 and 9 WHEREAS, the computer in the Code Enforcement division has to be replaced due to its 10 incapability to effectively process digital photographs; and 11 WHEREAS, Dell is a provider under the Florida State Contract 250- 040 -99 -1; 12 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 13 THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 14 Section 1. The City Manager be, and is hereby authorized to disburse the sum of $1,772.00 for 15 the purchase of one Dell Optiplex GX1+ computer with CD -ROM. 16 Section 2. The disbursement shall be charged to Account Number 001 - 2100 - 519.6430 Operating 17 Equipment, FY 1998 -99. 18 Section 3. This resolution shall take effect immediately upon approval. 19 PASSED AND ADOPTED this day of 20 21 22 ATTEST: 23 24 CITY CLERK 25 READ AND APPROVED AS TO FORM 26 27 CITY ATTORNEY APPROVED: MAYOR 1998 The Dell Online Store: Build Your System Page 1 of 2 The OptiPlex GX1 system is available in the following chassis types. Please select the option best suited for your needs. • Midsize Desktop • Low Profile Desktop Configured Price:* Using this Page $17772 Use your page "Pr print this page for your p Catalog Number: notify Dell Sales of you $67 /month system via fax. Select 100MHz FSB: continue customizing t 36 -Month Lease** "ADD TO CART" to ke r Business r Personal 64MB ECC SDRAM (1 DIMM) Date: Thursday, October 15, 1998 12:42:27 PM CDT Catalog Number: 04 Retail OptiPlex GX1+ MiniTower with GX1 +: Pentium® II processor, 350MHz, 100MHz FSB: /512K Cache 5GX1TN 220 -0500 Memory (1st DIMM Slot): 64MB ECC SDRAM (1 DIMM) 4EC - [311 -0512 Keyboard: MS Elite (Natural) MSE - 310 -6507 Monitor: Ultrascan 80OF Monitor 13.78 inch Viewable Image Size F - 320 -0051 1st Hard Drive: 6AGB EIDE Hard Drive 4 - [340 -0740 Floppy Drive: 1.44MB Floppy Drive 340 -0701 Operating System: Windows 98, with CD 98 - 310 -3641 ][420-0172][420-20871 Mouse: Microsoft Intellimouse IM 310 -3600 CD -ROM: 14/32X CD -ROM D32 313 -0524 Documentation: Reduced Documentation REDDOC - 310 -2268 Riser: 7 Slot Riser, Active RISA - 430 -0118 ervice: 3Yr Next Business Day On -Site Service 30S - [900-1900][900-1902] How to Contact Dell E -Mail Corporate Customers Enterprise Business ( >18,000 total employees) Large Business (2,000 - 18,000 total employees) Mid -Size Business (400 -2,000 total employees) Small Business ( <400 total employees) Home /Home Office Customers Personal users & students Government Customers Federal Government Phone Fax 800 - 847 -4085 512 - 728 -8327 800 - 408 -3355 512 - 728 -8327 888 - 583 -3355 512 - 728 -0568 800 - 917 -3355 800 - 225 -4893 800 - 915 -3355 800 - 317 -3355 800 - 694 -3355 800 - 926 -7595 Choose Your V Find the view that's rig r Drop -down list view View all system opt ' Print view (read onl Please use the "Print v to alert us to your inter system via fax. 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An icon your configurati rather only that needed. http://commerce.us.dell.com/dellstore/config.asp?order—code=gxI 165&customer—id= 10/15/1998 The Dell Online Store: Build Your System State and Local Government 800 - 416 -3355 800 - 443 -9527 Education Customers Higher Education - Institutions 800 - 626 -8286 800 - 365 -5329 Higher Education - Personal Purchases 800 - 926 -9587 888 - 242 -0964 K -12 Education - Institutions 800 - 879 -3300 888 - 820 -7454 K -12 Education - Personal Purchases 800 - 419 -7322 888 - 242 -0964 Healthcare Customers Health Related Organizations 888 - 264 -7788 888 - 820 -7457 Dell Computer Corporation One Dell Way Round Rock, Texas 78682 Configured Price:` $1,772 $67 /month 36 -Month Lease— This configuration is presented for your convenience only. It is available for purchase by US customers who take delivery in the US. Dell will not be responsible for typographical or other errors or omissions regarding prices or other information. Prices and configurations are subject to change without notice and do not include shipping charges or applicable taxes. All sales are subject to Dell's Term and Conditions of Sale. Promotional offers and prices are for a limited time. Prices and lease payments are subject to change without notice and DO NOT INCLUDE SHIPPING CHARGES OR APPLICABLE TAXES. Promotional offers and prices are for a limited time. Prices have been rounded to the nearest dollar for online display. Final order amounts, including tax and shipping and reflecting non - rounded prices, will be communicated following receipt of your online order. "Personal leasing arranged by Dell Financial Services L.P., an independent entity, to qualified customers. Amount of monthly lease payments above is based upon 36 month lease. Above monthly lease payments exclude taxes which may vary (for example, Hartford City, IN, sales tax: $3.35 /month); shipping cost due with first payment; no security deposit required; subject to credit approval and availability. Lease terms are subject to change without notice. For US customers only. Copyright 1998 Dell Computer Corporation. All rights reserved. (Terms of Use I Terms and Conditions of Sale) Thursday, October 15, 1998 12:42:27 PM CDT Online privacy practices http://commerce.us.dell.com/dellstore/config.asp?order—code=gxI 165&customer id= Page 2 of 2 10/15/1998 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: October 20, 1998 FROM: Charles D. Scurr A RE: Agenda Item #__ / City Manager Approval of expenditure for the purchase and installation of two - way mobile and handheld radios citywide. The attached resolution seeks approval of a $27,350.00 expenditure for the purchase and installation of two -way radios for City departments that engage in field operations. These radios will replace an aging and outdated VHF communication system that has deteriorated noticeably over the past several years. South Miami's field operations are continually growing in scope and complexity. Two - way radio communication is a key component of these daily operations, which at any one time deploy over twenty employees and well over 15 vehicles for Public Works functions alone. Other Departments such as Parks and Code Enforcement are also highly field - oriented and mobile throughout the workday, requiring effective mobile (vehicle mounted) units and handheld radios. In recent years, the performance and reliability of the City's non - Police radio system has deteriorated to the point where it compromises the efficiency and potentially the safety of our field workforce. This is due to the age of the radio system as well as the outdated, under - powered technology it employs. In our effort to replace our current radio system, Public Works administration researched the market to find a suitable communication system. Quotes were obtained for a radio system of adequate power and strong performance (UHF system). The system's hardware package includes mobile radio units for the entire field vehicle fleet, as well as handheld units for all field personnel (including spare units). The "range" of this system would accommodate a city boundary of almost twice its current size as well as additional mobile and handheld units. Due to key role that two -way radio communication plays in emergency situations, funding for this expenditure will be charged to the Emergency Hurricane Fund No. 110 -1310- 513 -6430. Approval of this expenditure is recommended. Attachments RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $27,059.43 TO BEARCOM WIRELESS WORLDWIDE FOR THE PURCHASE OF TWO -WAY RADIO COMMUNICATION EQUIPMENT TO BE USED FOR COMMUNICATION FOR CITY FIELD PERSONNEL ACROSS ALL DEPARTMENTS DURING ROUTINE OPERATIONS AND IN EMERGENCY PROCEDURES AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 110 -1310- 513 -4620, "HURRICANE FUND - MAINTENANCE AND REPAIRS, OPERATING EQUIPMENT ". WHEREAS, the effectiveness of the Public Works Department, Code Enforcement, Parks and Recreation and all other field- oriented departments is being compromised by an outdated, unreliable radio communication system, and; WHEREAS, suitable two -way radio communication is critical to properly conduct field operations in periods of emergency as well as facilitating day -to -day safety measures, and; WHEREAS, the Public Works Department obtained price quotes from three specialized radio communications vendors for the replacement the obsolete radio equipment across all City departments. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Public Works Department has obtained the following quotes for the replacement of the cities radio communication. Bearcom Wireless Worldwide $27,059.43 Signal Communication Inc. $33,235.00 Rapid Wireless, Ltd. $33,263.50 Section 2. The City Manager be, and is hereby authorized to disburse the total sum of $27,059.43 to Bearcom Wireless Worldwide. thereof. Section 3. That this resolution shall be effective immediately after adoption PASSED AND ADOPTED this 20th day of October, 1998 APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY City of South Miami PUBLIC WORKS INTER - OFFICE MEMORANDUM TO: All Department Hea Orlando G. Ma nez FROM: Asst. Public W ector DATE: May, 14, 1998 SUBJECT: New Radio Communication System Last week, Public Works conducted a survey of the other departments in order find out what would be the City's future needs for mobile communication system (i.e., hand -held type radios and vehicle equipped mobile units, together with a base station transmitter). Our present communication system is outdated and obsolete; our present base station is over 20 years old. This equipment experiences interference, and our present portable radios are having difficulty in communicating with other units. Accordingly, I have proposed that the City purchase a "UHF Repeater System" which has a 15 mile radius, is not prone to the interference we are currently experiencing, and is "scaleable" to accommodate future additional units. Attached is a preliminary radio equipment list as requested by department. Please "double check" these numbers, and allocate in your fiscal year 98/99 budget $775.00 for each portable unit and $650.00 for the mobile unit (includes installation). You may also want to consider budgeting for "spare" radios in case of departmental growth or emergencies. The equipment costs are for budgeting purpose only, and that Central Services will obtain two more quotes prior to buying the equipment. You should contact Pedro Gonzalez at our Motor Pool (phone #663 -6335) if you intent to revise the attached preliminary radio equipment list. cc: Fernando J. Rodriguez, Public Works Director Pedro Gonzalez, Motor Pool Supervisor "City of Pleasant Living" MOBILE AND HANDHELD RADIOS UNIT VEHICLE DIVISION MOBILE PORTABLE 20 -28 Small Dump Public Works 1 21 -31 Crane Public Works 1 21 -32 Water Tank Public Works 1 21 -33 Crane Public Works 1 21 -34 Crane Public Works 1 21 -38 Garbage Public Works 1 21 -39 Garbage Public Works 1 21 -40 New Garbage Public Works 1 21 -42 Trash Public Works 1 21 -44 Trash Public Works 1 21 -45 Trash Public Works 1 21 -47 Trash Public Works 1 21 -49 Trash Public Works I Superv. Sneed Public Works 1 1 " Rudy Public Works 2 1 " Gary Public Works I 1 Motorpool Public Works 2 2 Adm. Fernando Public Works I I " Orlando Public Works 1 1 " David Public Works 1 1 (2)New Pick -Ups Public Works and Landscaping 2 Parks and Recreation 5 5 Building and Zoning 3 3 Planning 1 City Manager 1 Central Services 1 Finance 1 Police 1 TOTAL: 32 21 LEASING INFORMATION: Note: On Leases, there is no down payment required. The first and last month payments plus tax and $35.00 documentation fee must accompany the order. First and last payments should be made payable to the order of the leasing entity. Total Price (less taxes): $1.00 buy out at end of lease 10% buy out at end of lease 12 month plan: 24 month plan: 36 month plan: 48 month plan: 60 month plan: 12 month plan: 24 month plan: 36 month plan: 48 month plan: 60 month plan: $2,982.51 $1,594.28 $1,134.31 $906.65 $771.72 $2,951.27 $1,563.04 $1,102.40 $873.75 $737.48 $33,235.00 NOTES: 1. Delivery will be made within approximately 4 - 6 weeks after receipt of your acceptable order and payment terms. 2. This quotation is based on the purchase of the complete quotation as per above. Any variation will require a price confirmation. 3. Validity of the quotation is 30 days. 4. Duplexer can only be ordered after frequency determined. Notes: The reasons behind using a UHF repeater that is owned by the City of South Miami are as follows - VHF frequencies - as you are currently using are not allowed to be used in a repeater application which is the only way to get the range that you need. UHF is the most economical and efficient frequency band to cover the fairly small area that your city needs to cover. 800 & 900 Mhz systems are much more expensive, both in equipment and in licensing fees. Using someone else's repeater towers on 800 or 900 would cause you to incur large monthly charges for repeater leases. 9 -08 -1998 12:40PM FRal RAPIC WIRELESS SALES 954 9683328 Rapid Wireless, Ltd. 1461 Banks Road a Margate, FL 33063 Margate: (954) 968 -1908 a Dania (954) 921 -4991 Miami. (305) 577 -4991 a W. Palm Bch.: (561) 659 -4788 FAX: (954) 968 -2107 a Florida Wats: 1 -800- 940 -4991 P. 2 V_rzqm� Date Customer P.O.#_ Sales Order 0 Proposal. TERMS: % Down; Net days LEASE - PURCHASE OPTION: $ per month for _ years Other: Prepared by: Proposal Valid for days from date of preparation. Accepted by. Rapid Copy - Whtts Date: Date: Customer Copy - Yebow �Q Total Equipment Cost: $ =,Lj Labor, inatallafion d Test: $ Sub Total: $ Tax: S Total Purchase: $ Less Down Payment: $ Amount Due: $ TWO -WAY RADIOS DON'T COST -THEY PAY Accounting Copy - Pink � � � � � 1 � . ooNracT � B CCyJPAtf( —� o L — S SW /J ARIL' M R N G ary,ST.,ZP i w► i r L 33 I an,sr.,zP TEL. FAX TEL. FAX ITEM QTY, PART NUMBER DESCRIPTION PRICE EACH EXTENSION l�o a 557 40 cope) �R X225 u �� 1i 'n 0 !2 (�C1�.�'D LQpkwtsM(-�tN7go*7) . �0w ipyt so Pr Y, C *81,1 N0 ?U65, �.t'sil�t- r7 u^ �-*lb LA t ( GS. &0 330• �.3 400 �3��Nc �buN TERMS: % Down; Net days LEASE - PURCHASE OPTION: $ per month for _ years Other: Prepared by: Proposal Valid for days from date of preparation. Accepted by. Rapid Copy - Whtts Date: Date: Customer Copy - Yebow �Q Total Equipment Cost: $ =,Lj Labor, inatallafion d Test: $ Sub Total: $ Tax: S Total Purchase: $ Less Down Payment: $ Amount Due: $ TWO -WAY RADIOS DON'T COST -THEY PAY Accounting Copy - Pink 9 -08 -1998 12:40PM FROM RAPID WIRELESS SALES °54 9683328 P,3 �� Wireless, j� Date Rap �►W/ reless, Ltd. 1461 Banks Road a Margate, FL 33063 Customer P.O.# Margate: (954) 968 -1908 a Dania (954) 921 -4991 Miami: (305) 577 -4991 a W. Palm Bch.: (581) 659 -4788 Sales Order ❑ Proposal FAX: (954) 968 -2107 a Florida Wats: 1- 800 - 940 -4991 Pa-rrz- 2 TERMS: % Down; Net days LEASE- PURCKA3E OPTION: $ per month for_ years Other Prepared by:� Proposal Vaud for days from date of preparation. Accepted by: Rapid Copy -While Total Equipment Cost: $ Labor, Installation b Test: S Sub Total: $ Tex: S Total Purchase, S Date: Less Down Pslrment $ Amount Due: $ Date: TWO -WAY RADIOS DON'T COST - THEY PAY Customer Copy - Yellow Accounting Copy - Pink Y ocrrncr ic� R�a i'V1'�iL� i F� �z �� ' UCOMIPM B I OCWAW S T O L L - M E N CrTY,ST.,ZP Ctry,ST.,zip R G TEL. FAX FAX ITEM QTY. PART NUMBER DESCRIPTION PRICE EACH _I EXTENSION #A+t) GC qo'3 CLov n,n �owYt l W1 �OLO Sa eo rLJ Sgt. 6:5 587 d o ►mss �.t g� i` t`7S• °° 1'75-'90 a PAM S10S106- � �11 TERMS: % Down; Net days LEASE- PURCKA3E OPTION: $ per month for_ years Other Prepared by:� Proposal Vaud for days from date of preparation. Accepted by: Rapid Copy -While Total Equipment Cost: $ Labor, Installation b Test: S Sub Total: $ Tex: S Total Purchase, S Date: Less Down Pslrment $ Amount Due: $ Date: TWO -WAY RADIOS DON'T COST - THEY PAY Customer Copy - Yellow Accounting Copy - Pink Y 9 -08 -1998 12:4'PM FROM RAPID WIRELESS SALES 954 9683328 P.4 Rapid Wireless, Ltd. 1461 Banks Road a Margate, FL 33063 Margate: (954) 968 -1908 a Dania (954) 921 -4991 Miami: (305) 577 -4991 a W. Palm Bch.: (561) 659 -4788 FAX: (954) 968 -2107 a Florida Wats: 1- 800 -940 -4991 Date Customer P. 0.4 Sales Order 0 Proposal W'r-'�r- 3 . TERMS: % Down; Net days LEASE - PURCHASE OPTION: f per month for_ years Other: Prepared by. Proposal Valid for days from date of preparation. Accepted by: Rapid Copy - While Total Equipment Cost: S Labor, Installation d Test: $ Sub Total: S _ Tax: S Total Purchase: $ Data: Less Down Payment: $ Amount Due: $ Data: TWO -WAY RADIOS DON'T COST - THEY PAY Customer Copy - Yellow Accounting Copy - Pink ia .a j� l M w2 rJe- 2' U B 1 COMPANY S T I L L AMRM O M E N ary,sT.,zp CrrY,ST.,ZIP R a TEL. rAX TEL. FAX - — 1 ITEM QTY. PART NUMBER DESCRIPTION PRICE EACH EXTENSION 3.11 3s' I'�3�t GC k'O-Tz') ROL A 60 CV 'ilk V-) kowt Ls Vz4t o, Lo - z.! NC6 M;S 37,5. 60Q'%O-, ?OLWL wt +cs tr �.� 3� ► N 6�lA LL '-2> S- 1U 0 f}9. � 60i,9-1l,1 N 0 w- 60 tj 0 -:-- a Izs 3a �.. 00 TERMS: % Down; Net days LEASE - PURCHASE OPTION: f per month for_ years Other: Prepared by. Proposal Valid for days from date of preparation. Accepted by: Rapid Copy - While Total Equipment Cost: S Labor, Installation d Test: $ Sub Total: S _ Tax: S Total Purchase: $ Data: Less Down Payment: $ Amount Due: $ Data: TWO -WAY RADIOS DON'T COST - THEY PAY Customer Copy - Yellow Accounting Copy - Pink ia 9 -08 -1998 12:42PM FROM RAPID WIRELESS SALES 954 9683328 P_5 Rapid Wireless, Ltd. 1461 Banks Road • Margate, FL 33063 Margate: (954) 968 -1908 a Dania (954) 921 -4991 Miami: (305) 577 -4991 • W. Palm Bch.: (561) 659 -4788 FAX: (954) 968 -2107 • Florida Wats: 1 -800- 940 -4991 Date Customer P.O.# Sales Order ❑ Proposal TERMS: % Down; Net days LEASE - PURCHASE OPTION: $ per month for _ years Other: Prepared by: Proposal Valid for days from date of preparation. Dote: Accepted by: Date: Rapid Copy - While Customer Copy - Yellow Total Equipment Cost: S Labor, Installation d Ted: S OOWACT --, V Tax: B Total Purchase: CCw S T O $ Amount Due: I L L ADOR W - ADDRESS Copy - Pink M E N afv.ST zP 1XTY,Si.,zP R O TEL, FAX TEL FAX ' I ITEM M QTY PART NUMBER DESCRIPTION PRICE EACH EXTENSION ayz pC g062- Uj-(0901, A P� ass yzs,°° �Oii'zT14B` ts.. 2 WA 114 Witt s ) f-zc k4 4 -C. g y.i Zy.3? I rJ`t"c�i.l,i CarzC3 nUp;')i C.�� Cz�,� � S• 6° �2S �It' to 1 TERMS: % Down; Net days LEASE - PURCHASE OPTION: $ per month for _ years Other: Prepared by: Proposal Valid for days from date of preparation. Dote: Accepted by: Date: Rapid Copy - While Customer Copy - Yellow Total Equipment Cost: S Labor, Installation d Ted: S Sub Total: ; Tax: S Total Purchase: $ Less Down Payment: $ Amount Due: $ TWO -WAY RADIOS DON'T COST - THEY PAY Accounting Copy - Pink p 9 -08 -1998 12:43PM FROM RAPID WIRELESS SALES 954 9683328 P.6 Rapid Wireless, Ltd. Date Customer P.O.# 1461 Banks Road a Margate, FL 33063 - - Margate: (954) 968 -1908 a Dania (954) 921 -4991 Miami: (305) 577 -4991 a W. Palm Bch.: (561) 559 -4788 Sales Order ❑ Proposal {ems FAX: (954) 968 -2107 a Florida Wats: 1- 800440 -4991 TERMS: % Down; Net days LEASE - PURCHASE OPTION: per month for — years Other: Prepared by: Proposal Valid for days from date of preparation. Accepted by: Rapid Copy - White Date: Date: Customer Copy - Yellow Total Equipment Cost: �,4��i�� t2.t►��- ; Sub Total: CONTACT C ; B ANY OCWANY S T Arnount Due ; L L AUDI ms — ACDRESS O M E N crrY,ST. ZP CRY,ST.,ZP R l3 TEL. FAX �� TEL. FAX --I ITEM N QTY. PART NUMBER DESCRIPTION PRICE EACH EXTENSION _ 1 dy? 14 iL- t="QV k 0 f �'��o�s `Tow le Ngt V-0 --- �` V\V-b 15C i C- `L e' 01 C= SZa, m km s 400 T TERMS: % Down; Net days LEASE - PURCHASE OPTION: per month for — years Other: Prepared by: Proposal Valid for days from date of preparation. Accepted by: Rapid Copy - White Date: Date: Customer Copy - Yellow Total Equipment Cost: ; Labor. Installation E Test: ; Sub Total: ; Tax: ; Total Purchase: $ Less Down Payment: ; Arnount Due ; TWO -WAY RADIOS DON'T COST -THEY PAY Accounting Copy - Pink A 9 — ©8 -1998 12:45PM FROM RAPID WIRELESS SALES 954 9683328 Rapid Wireless, Ltd. 1461 Banks Road a Margate, FL 33063 Margate: (954) 968 -1908 a Dania (954) 921 -4991 Miami: (305) 577 -4991 a W. Palm Bch.: (561) 659 -4788 FAX: (954) 968 -2107 a Florida Wets: 1- 800 - 940 -4991 P. 8 Date �Ihmr Customer P.O.# Sales Order C) Proposal �7 . TERMS' % Down; Net days LEASE - PURCHASE OPTION: S per month for _ years Other: Prepared by: _ 4� Date: Proposal Valid for days I►om date of preparation. Accepted by. Date: Rapid Copy - White Customer Copy - Yellow i Total Equipment Cost. j � -�r Labor, Installation 6 Test. $ Sub Total: ; �3 --s Tax. S �' Total Purchase: Less Down Payment: Amount Due- $ TWO -WAY RADIOS DON'T COST - THEY PAY Accounting Copy - Pink O CONTACT C U B QOM*M CCWANY s I L ADDRESS ADMESS O M � aTY,sT.,zIP CITY, sT.,ap E R G TEL FAX TEL. FAX ITEM M QTY. PART NUMBER DESCRIPTION PRICE EACH EXTENSION t .e i . Li � Q a � t2 ' Y wY gj"�/ N s i �- L f f4Cc, sorb ' ---- -- 3, 193 o a �3a�s ��`C i J s /g�L�e.s ©rz»s �,2j s s 92-L -��sS P >z Go -� - V�e c - - i v � � � N o aSo• TERMS' % Down; Net days LEASE - PURCHASE OPTION: S per month for _ years Other: Prepared by: _ 4� Date: Proposal Valid for days I►om date of preparation. Accepted by. Date: Rapid Copy - White Customer Copy - Yellow i Total Equipment Cost. j � -�r Labor, Installation 6 Test. $ Sub Total: ; �3 --s Tax. S �' Total Purchase: Less Down Payment: Amount Due- $ TWO -WAY RADIOS DON'T COST - THEY PAY Accounting Copy - Pink 4, 9 -08 -1998 12:38PM FROM RAPID WIRELESS SALES 954 9683328 1461 Banks Road FaX MOT VaLA Whir vnu never rremrgbf possiuierxI °moo Ted Pal To: O pLoto r> W Ay�T1 q-� IC—: Z Fro- na: Account Executive Fax: W j C9,61 - 370t, ► Pages: 9 Phone: 24S- 66-v -639-0 Date: qlk /*r Re: /Z �s`��y►�l CC: 0 Urgent >�rFor Review 0 Please Conuhent 0 Please Reply 0 Please Recycle I g� e � :!> �4 6 p�c Lt-,) �-:7 (2 R N, P 511 LL )R G ,s s c 33�fi 954- 966 -1908 Voice 954 -968 -2V7 Fax Authorized Motorola Land Mobile Dealer lvr W"Iess Communications M 09/1,111933 11: 36 355 7T'1- 1 C,02 r �� Ff. L o 53 r. 10" Ft. laudeidale, F1orJoe 33309 Tel 934,133.232' Fax 954 733.1" www.b&k=m.com Date Proposal No: 9>d'0952` 9i9!!>f Ref: 5MW903 Contact Ortando Q. Marinez de Castro Prepared by: Matt Klass Company City Of South Miami - Motor Pool Address 4719 S.W. 76 Ave. Phone: 305.483 -8335 City State Zip Mimi, Floridq 33165 Fax: 305 -2131 -3791 COMMUNICATIONS SYSTEM PROPOSAL • 11 wl1 wd. 1!i � 1 1 2 MOtorols GR1226 Desktop Ropeater, 28 weft (!Vote: at 25 watts, this repsater opantea on a caMlnuous duty cycle - any man power cuts down w opstntfonat pw1brmence). Complete with boric Mter/aca, Dupexer, Power Supply, Fin. Is 2 Maxred 8 db pain FlbetWom Antenna 1 b 2 W ft. Section RGSU Cable W /Connoctors It; 2 Mounting Brackets for Antenna Id 2 Mstalhtlon of above Repeaters and Contlro/ Shdon 2 25 Matonola Radius UHF Pf225 Porf&W* Radio, 4 Watt 2 channel, wd0o&t Top Rapid Chang, Antenna, Battery, a DON Clip. 3 35 Mobrde Radius UHF SM60 NOW Redo, !0115 wet; 2 channel, W /Paim Mlcropheft. Wlrinp Harness, UHF Antenna, a Mountlnp Brackat 3a 35 Meagedan of abaw Mabli Rados S Antenna 4 1 Motorola Radius UHF NI 225 Con&d Station Radio with Power Supply, Desk Top Wrophone and Antenne. TERMS NET 30 DAYS OR LEASE OPTION Proposal valid for 30 days Leah per month plus tax. _ Months. 10% DOWN WITH LEASE OPTION $1.00 BUYOUT L U $1,409.42 $113.30 $19.00 $7.95 $400.00 $319.64 $658,94 Equipment Total ""Frequency coord.Ajoense (Invoiced) Sub Total Shipping Installation Total Imwstm nt Down Payment Approved by: Date: Exterdad $2,818.64 $220.00 $30.00 $15.90 N/C $11,500.00 $11,194.40 NVC $856.94 $26,452.10 $327.00 $26,779.61 $279.19 $27,059.43 ALBUQUERQUE • ATiANTA .. 90STON aRIS&ANE. AUS CJHANTILLY, VA , CrrrCAGO COSTA MESA, CA , CALLAS DENVER DETROIT HARTFORD, Cr HOUS" • HONOLULU LAS VEGAS LOS ANGELES MINNEAPOUS • 44" NEW YORK OAKLAA0 CA ORLANDO PI•KIENX PORTLAND < RIVERSIDE, CA - SACRAMENTO • SAN DIMO SAN rRANCISCO • SEATTLE • SYDNEY, AUS - WAS41NOTON, DC X1111 igna I , INC. FOR: CITY OF SOUTH MIAMI - MOTOR POOL DATE: 9/3/98 4795 S.W. 75 Ave. Miami, FL 33155 Ph. 663 -6335 REF: SM90903 ATTN Orlando G. Martinez de Castro Fax 261 -3791 BY: David C. Pabst PROPOSAL ITEM QTY MODEL/DESCRIPTION UNIT EXTENDED RADIUS 1225 UHF Repeater System PRICE PRICE 1.0 2 Motorola Radius GR1225 Desktop Repeater, 25 $1,575.00 $3,150.00 Watt (Note: At 25 watts, this repeater operates on a continuous duty cycle - any more power cuts down on operation time) WBasic Interface, Duplexer, Power Supply, Fan, Cables & Plugs 1.1 2 Maxrad 5 dB Gain Fiberglass Antenna $175.00 $350.00 1.2 2 50 Ft. Section RG8U Cable W /Connectors $75.00 $150.00 1.3 2 Mounting Brackets for Antenna $45.00 $90.00 2.0 25 Motorola Radius UHF P1225 Portable Radio, 4 $489.00 $12,225.00 Watt, 2 Channel, W/Desk Top Rapid Charger, Antenna, Battery, & Belt Clip 3.0 35 Motorola Radius UHF SM50 Mobile Radio, $350.00 $12,250.00 10 -25 Watt, 2 Channel, W/Palm Microphone, Wiring Harness, UHF Antenna, & Mounting Bracket 3.1 35 Installation of mobile radios $85.00 $2,975.00 4.0 1 Motorola Radius UHF M1225 Control Station $795.00 $795.00 Radio, W /Power supply, Desk Microphone, & antenna 5.0 1 Labor for installation of 2 repeaters & control $650.00 $650.00 station EQUIPMENT TOTAL, FOB PLANT $32,635.00 FCC Licensing Fees (Approximate) $600.00 SHIPPING & HANDLING Waived FLORIDA SALES TAX (6.5 %) TOTAL $33,235.00 THERE'S ABETTER WAY 2 WAY 5580 NW 36th Avenue • Suite B ° Fort Lauderdale. FL 33309 (954) 739 -8901 Toll Free (800) 923.9777 ; Fax (954) 739 -3716 Locations in Dade Broward and Palm Beach Count es CITY OF SOUTH MIAMI IffINTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: October 9, 1998 Agenda Item # tot From: Charles D. Scurr Re: Comm. Mtg. 10/20/98 City Manager Moratorium Extension Relating to Telecomm. Towers REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; PROVIDING A 45 -DAY EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE AND REVIEW OF APPLICATIONS, AND ISSUANCE OF DEVELOPMENT PERMITS, FOR THE INSTALLATION OF TELECOMMUNICATION TOWERS AND ANTENNAS, SET FORTH BY ORDINANCE NO. 2 -98 -1650 AND ORDINANCE NO. 10- 98- 16589 IN ORDER TO ENABLE TELECOMMUNICATION PROVIDERS TO SUBMIT PROPAGATION MAPS AND OTHER SUPPORT MATERIALS, WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR AND CITY COMMISSION ON JUNE 239 1998, ALLOWING THE CITY TO ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF TELECOMMUNICATION FACILITIES; PROVIDING THAT ORDINANCES IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND & ANALYSIS On January 20, 1998, the Mayor & City Commission adopted Ordinance No. 2 -98 -1650, which provided for a 180 -day moratorium on the acceptance and review of applications relating to telecommunication towers in order to prepare and adopt minimum standards for the location and approval of telecommunication towers. During the moratorium extension, the Planning Board and staff worked diligently to create regulations, which were presented to the City Commission for first reading on September 15th and discussed in depth at a public workshop on September 28th. Public discussion of the proposed regulations at the Telecommunication Tower Moratorium Extension: 2 nd Reading October 6, 1998 1 workshop highlighted the telecommunication industry's failure to submit vital information, such as propagation maps and pictures of existing facilities, which had been specifically requested by the Mayor, City Commission, and staff on numerous occasions. The absence of this information effectively impeded the ability of the Mayor and City Commission to properly evaluate the proposed ordinance on October 6, 1998, the last meeting date prior to the expiration of the moratorium. As a result, on October 6, 1998, the Mayor and City Commission tabled the proposed telecommunication ordinance, and approved the first reading of the attached ordinance. Since October 6th, Sprint PCS, AT &T Wireless, and Nextel have provided the requested information, and the Planning Board discussed it during a very productive public workshop on October 13th. Approval of the attached ordinance will allow the moratorium to be extended through December 1, 1998, and enable a revised ordinance, incorporating the recently submitted industry information, to be presented to the City Commission on November 3, 1998, for first reading. RECOMMENDATION: Approval. Attachment: Proposed Ordinance Telecommunication Tower Moratorium Extension: 2 n Reading October 6, 1998 2 1 ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LAND USE; 6 PROVIDING A 45 -DAY EXTENSION OF THE MORATORIUM ON THE 7 ACCEPTANCE AND REVIEW OF APPLICATIONS AND ISSUANCE OF 8 DEVELOPMENT PERMITS, FOR THE INSTALLATION OF 9 TELECOMMUNICATION TOWERS AND ANTENNAS, SET FORTH BY 10 ORDINANCE NO. 2 -98 -1650 AND ORDINANCE NO. 10- 98- 1658, 11 IN ORDER TOE ENABLE TELECOMMUNICATION PROVIDERS TO 12 SUBMIT PROPAGATION MAPS AND OTHER SUPPORT MATERIALS, 13 WHICH WERE SPECIFICALLY REQUESTED BY THE MAYOR AND CITY 14 COMMISSION ON JUNE 23, 1998, ALLOWING THE CITY TO ADOPT 15 MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF 16 TELECOMMUNICATION FACILITIES; PROVIDING THAT ORDINANCES 17 IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THE 18 TIME PERIOD OF THE MORATORIUM; PROVIDING FOR 19 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 20 DATE. 21 22 23 WHEREAS, the Congress of the United States adopted the 24 Telecommunications Act of 1996, providing for federal regulation 25 of wireless telecommunications, a technology of wireless voice, 26 video and data communications systems, which requires land - :based 27 facilities that impact planning and zoning concerns in the City 28 of South Miami and throughout the United States; and, 29 30 WHEREAS, the City has received, and expects to receive 31 additional requests from telecommunication service providers to 32 site wireless telecommunication towers and antennas within its 33 municipal boundaries and the City is authorized by federal, 34 state and local law to regulate the siting of such towers and 35 antennas; and, 36 37 WHEREAS, the Mayor and City Commission finds that it is in 38 the public interest to regulate the siting of wireless 39 communication towers and antennas within the municipal 40 boundaries; and, 41 42 WHEREAS, it is the intent of the City Commission to provide 43 reasonable accommodation, and to promote and encourage fair and 44 reasonable competition, among telecommunication service 45 providers, or providers of functionally equivalent services, on 46 a neutral and non - discriminatory basis; and, 47 48 WHEREAS, Ordinance No. 2 -98 -1650 was passed and adopted on 49 January 20, 1998, providing a 180 -day moratorium -on acceptance Telecommunication Tower Moratorium Extension: 2 nd Reading October 6, 1998 1 I and review of applications, and issuance of development permits, 2 for the installation of telecommunication towers to enable the 3 City to adopt minimum standards for the location and 4 installation of telecommunication towers and antennas, for 5 establishing the priority order, of use and, further, to 6 encourage the co- location of facilities, in a manner that is 7 consistent with, and implements, the City's comprehensive plan, 8 and is compatible with the existing patterns of development in 9 the City; and, 10 11 WHEREAS, on June 9, 1998, due to the loss of the City Staff 12 members primarily responsible for the development of minimum 13 standards for telecommunication facilities, the Mayor and City 14 Commission adopted Ordinance No. 10 -98- 1658, extending the 15 moratorium until October 17, 1998; and, 16 17 WHEREAS, on June 23, 1998, the Mayor and City Commission 18 held a public workshop with the Planning Board, 19 telecommunication industry representatives, and members of the 20 public in order to acquire the necessary input to draft 21 appropriate regulations; and, 22 23 WHEREAS, the Mayor and City Commission, following earlier 24 requests by staff, specifically requested the telecommunication 25 industry representatives to provide propagation maps, pictures 26 of existing telecommunication facilities, and other 27 supplementary materials; and, 28 29 WHEREAS, those materials have not been adequately provided 30 as of October 1, 1998, effectively impeding the ability of the 31 Mayor and City Commission to properly evaluate a proposed 32 ordinance regulating telecommunication facilities in the City of 33 South Miami; and, 34 35 WHEREAS, the Mayor and City Commission desire 36 telecommunication industry representative to submit the 37 requested propagation maps, pictures of existing 38 telecommunication facilities, and other supplementary materials 39 in order to provide the City with the necessary input to adopt 40 regulations regarding the siting and approval of 41 telecommunication facilities. 42 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 45 OF THE CITY OF SOUTH MIAMI, FLORIDA: 46 47 Section 1. The Whereas clauses are incorporated in, and 48 made a part of, this ordinance. 49 Telecommunication Tower Moratorium Extension: 2nd Reading October 6, 1998 2 I Section 2. The Mayor and City Commission of the City of 2 South Miami hereby declare a 45 -day extension of the moratorium 3 approved on January 20, 1998, as set forth by Ordinance No. 2- 4 98- 1650, and extended on June 9, 1998, as set forth by Ordinance 5 No. 10 -98 -1658, on all actions relating to acceptance and review 6 of applications, and issuance of development permits, for the 7 installation of telecommunication towers, to enable the City to 8 prepare and adopt minimum standards for the location and 9 approval of telecommunication towers. 10 11 Section 3. The moratorium shall be effective through 12 December 1, 1998, unless extended by the City Commission. 13 14 Section 4. All ordinances, resolutions and parts 15 thereof, in conflict with this extension of the development 16 permit moratorium shall not be in force and effect during the 17 time period of the moratorium. 18 19 Section 5. If any section, clause, sentence, or phrase 20 of this ordinance is for any reason held invalid or 21 unconstitutional by a court of competent jurisdiction, the 22 holding shall not affect the validity of the remaining portions 23 of this ordinance. 24 25 Section 6. This ordinance shall take effect immediately 26 at the time of its passage. 27 28 PASSED AND ADOPTED this 20th day of October, 1998. 29 30 ATTEST: APPROVED: 31 32 33 CITY CLERK MAYOR 34 35 READ AND APPROVED AS TO FORM: 36 37 38 CITY ATTORNEY 2nd extension of telecommunication moratorium.doc Telecommunication Tower Moratorium Extension: 2 °d Reading October 6, 1998 3 TO: FROM: SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM DATE: Oct.16, ,1998 SUBJ:Agenda Item #I Comm. Mtg. Oct.20,1998 Second Reading Section 15 -98, Code of Ordinances - Cruising Attached is an ordinance creating a new section of the Code of Ordinances of the City of South Miami. This new ordinance deals with the issue of cruising. It is anticipated that the downtown area, especially the area around the Shops at Sunset Place, will generate a tremendous volume of vehicles and pedestrians. Vital to the success of the downtown area, as well as to the public safety, is the regulation of traffic movement and the concurrent need to regulate traffic volume. This ordinance empowers the Police Department,with established criteria, to eliminate the negative impact of people driving around the downtown area with no destination or purpose. It also creates another law enforcement tool for those who may drive the area with negative intentions. Your concurrence is respectfully requested. CW /gf /esw Att r ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING SECTION 15 -98, EN- TITLED 01CRUISING 11;PROVIDING FOR SEVER - ABILITY;ORDINANCES IN CONFLICT AND PRO- VIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami's downtown shopping district has been re- structured to be more pedestrian friendly; and WHEREAS, growth in the downtown area, including the Shops at Sunset Place, is expected to generate extremely high levels of pedestrian traffic and vehicular traffic; and WHEREAS, an integral part of assuring the safety of residents and visitors is the smooth and orderly flow of traffic; and WHEREAS, the volume of traffic to the downtown area necessitates that certain regulations be enacted for the public good; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That Section 15 -98 Cruising, of the Code of Ordinances of the City of South Miami be created, as follows: 1 The purpose of this ordinance is to reduce traffic congestion excessive noise and pollution, promote public safety and to ensure safe and orderly passage of pedestrians and vehicles in the Downtown South Miami area. 2 For purposes of this ordinance, the following streets are identified as cruising areas for the purpose of enforcement: SW 72 Street (Sunset Drive) between US 1 and SW 57 Avenue (Red Road); SW 57 Avenue (Red Road) between US 1 and SW 73 Street; SW 73 Street between SW 57 Avenue (Red Road) and US 1; US 1 between SW 73 Street and SW 57 Avenue (Red Road) ; SW 58 Avenue between US 1 and SW 73 Street; SW 71 Street between US 1 and SW 58 Avenue; 3 Definitions: The following words, terms and phrases when used in this ordinance shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning. A. Cruising: Unnecessary repetitive driving means driving a motor vehicle three or more times in any two hour period between the hours of 12:01 PM (Noon) and 6:00 AM on weekends or national holidays and after 4:00 PM on Christmas Eve and New Year's Eve past a designated traffic control point established by the 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 -2- Police Department at or near a place where traffic is congested. B Motor vehicle means any self - propelled device in, upon or by which any person or property is or may be transported or drawn upon a public right -of -way, excepting devices moved by human power or exclusively upon rails or tracks. C National holidays means New Year's Eve commencing at 4.00 PM New Year's Day Martin Luther King Day, President's Day, Memorial Day Independence Day, Labor Day, Veterans' Day Thanksgiving Day Christmas Eve commencing at 4:00 pm and Christmas Day. Unless otherwise specified herein, each national holiday shall begin at 12:01 AM of the date on which it is observed nationally. D Traffic control point means a clearly identified reference point as determined and marked from time to time by the Police Department. E. Weekend includes all hours between 6:00 PM on Fridays and 6:01 AM on Mondays. 4. It shall be unlawful to engage ins cruising. For urposes of this section the person having control and /or ownership of a motor vehicle shall be considered the person cruising without regard as to whether that person was actually driving the motor vehicle each time it passed the traffic control point Having control or ownership of a motor vehicle means either the owner of the vehicle as stated on the vehicle registration if present in the vehicle at the time of the violation, or if the owner is not present in the vehicle, the person operating the vehicle at the time of the violation of this section. 5. The prohibition of cruising shall not apply to governmental and emergency vehicles, including but not limited to police and fire vehicles and ambulances when operated for official purposes; duly licensed public transportation vehicles; vehicles in use for business and /or commercial purposes. 6. When deemed necessary by the Police Department signs will be erected at the necessary locations within the boundary area to prohibit cruising Upon observation that a motor vehicle has passed the established warning area twice within a two hour period the vehicle shall be stopped and notice shall be given to the operator and to each passenger that any subsequent operation of the vehicle in the area and /or past the warning point within two hours of the first traversing of the street shall constitute a violation of this section The notice may be oral or in writing and shall briefly and generally describe the area where cruising is prohibited No citation shall be issued for a cruising violation unless the motor vehicle has first been stopped and the above described oral or written warning given to the occupants. 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 -3- Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portion of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. The ordinance be effective immediately after the adoption hereof. PASSED AND ADOPTED THIS DAY OF 11998. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM TO: Mayor and City Commission DATE: Oct. 16, 1998 SUBJ. Agenda Item 49 Comm. Mtg. Oct. 20,1998 Second Reading Section 15 -82, Code of Ordinances ------------------------------------ ----------------------------------- Attached is an Ordinance which creates a new section of the Code of Ordinances of the City of South Miami. Section 15 -82A deals with noises and music emitting from motor vehicles within city limits. This Ordinance will limit the volume which a vehicle's radio may be turned up to a distance of not more than 50 feet. The Ordinance prohibits a motor vehicle from emitting a loud noise (non- music) in excess of 100 feet. Further, the new ordinance specifically excludes vehicles that have not been modified to purposely emit loud noise, such as garbage trucks, etc. What it will prohibit are vehicles which have had modifications made to the engine, exhaust system, etc. for the sole purpose of creating noise. Section 15 -82 has the word "vehicle" deleted to avoid contradiction between that section and the new one. Your concurrence is respectfully requested. CW /gf /esw Att. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DELETION OF THE WORD "VEHICLE" AND THE WORD "PLAINLY" IN SECTION 15 -82 OF THE CODE OF ORDIN- ANCES OF THE CITY OF SOUTH MIAMI; CREATING SECTION 15 -82A ENTITLED "EXCESSIVE NOISE OR MUSIC FROM MOTOR VEHICLES ";PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Section 15 -82 of the City Code of Ordinances includes vehicles as a violation location whereby noise in excess of 100 feet can be heard; and WHEREAS, it is the intent of the Mayor and City Commission to adopt Section 15 -82A of the Code of Ordinances dealing specifically with motor vehicles; and WHEREAS, it is the intent of the Mayor and City Commission to limit loud, unnecessary, excessive or unusual noises, including music, to not more than 50 feet from the vehicle; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That Section 15 -82, Operation of Radios, Phonographs or Other Sound - Making Devices; Bands, Orchestras and Musicians - Generally, of the Code of Ordinances of the City of South Miami is hereby amended to read: SEC.15 -82. Operation of Radios, Phonographs or Other Sound - Making Devices; Bands, Orchestras and Musicians - Generally. It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the City, at any time to cause or suffer to allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph, or other mechanical sound - making devices or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra , musician or group of musicians, where the noise or music is plainly audible at a distance of one hundred (100) feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a distance of one hundred (100) feet from the premises from which it originates constitutes prima facie evidence of a violation of this article. -2- Section 2: That Section 15 -82A. Excessive Noise or Music from Motor Vehicles. .of the Code of Ordinances of the City of South Miami be created,,as follows: 1. It shall be unlawful for any person owning, operating or occupying any motor vehicle as defined in Chapter 316.003(21), Florida Statutes, in the city at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of the motor vehicle where the noise is plainly audible at a distance of 100 feet from the motor vehicle The provisions of this ordinance shall exclude any motor vehicle which has not been modified for the purpose of emitting loud noises. 2. It shall be unlawful for any person owning, operating or occupying any motor vehicle as defined in Chapter 316.003(21) Florida State Statutes, in the city at any time to cause or suffer or allow any loud, unnecessary or excessive music to emanate from the vehicle where the music is plainly audible at a distance of 50 feet from the motor vehicle. Section 3: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portion of this ordinance. Section 4: All ordinances or.parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: The ordinance be effective immediately after the adoption hereof. PASSED AND ADOPTED THIS DAY OF , 1998. ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF OF THE,CITY OF SOUTH MIAMI, FLORIDA, RELATING TO __THE DELETION OF THE WORD "VEHICLE" AND THE WORD "PLAINLY" IN SECTION 15 -82 OF THE CODE OF ORDIN- ANCES OF THE CITY OF SOUTH MIAMI; CREATING SECTION 15 -82A ENTITLED "EXCESSIVE NOISE OR MUSIC FROM MOTOR VEHICLES ";PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Section 15 -82 of the City Code of Ordinances includes vehicles as a violation location whereby noise in excess of 100 feet can be heard; and WHEREAS, it is the intent of the Mayor and City Commission to adopt Section 15 -82A of the Code of Ordinances dealing specifically with motor vehicles; and WHEREAS, it is the intent of the Mayor and City Commission to limit loud, unnecessary, excessive or unusual noises, including music, to not more than 50 feet from the vehicle; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That Section 15 -82, Operation of Radios, Phonographs or Other Sound - Making Devices; Bands, Orchestras and Musicians - Generally, of the Code of Ordinances of the City of South Miami is hereby amended to read: SEC.15 -82. Operation of Radios, Phonographs or Other Sound - Making Devices; Bands, Orchestras and Musicians - Generally. It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the City, at any time to cause or suffer to allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph, or other mechanical sound - making devices or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra , musician or group of musicians, where the noise or music is plainly audible at a distance of one hundred (100) feet from the building, structure, vehicle or premises in which or from which it {.s produced. The fact that the noise or music is plainly audible at a distance of one hundred (100) feet from the premises from which it originates constitutes prima facie evidence of a violation, of this article. Section 2: That Motor Vehicles, of Miami be created, as Irm Section 15 -82A. Excessive Noise or Music from the Code of Ordinances of the City of South follows: 1. It shall be unlawful for any person owning, operating or occupying any motor vehicle as defined in Chapter 316.003 21 Florida Statutes, in the city at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of the motor vehicle where the noise is plainly audible at a distance of 100 feet from the motor vehicle. The provisions of this ordinance shall exclude any motor vehicle which has not been modified for the purpose of emitting loud noises. 2. It shall be unlawful for any person owning, operating or occupying any motor vehicle as defined in Chapter 316.003(21), Florida State Statutes, in the city at any time to cause or suffer or allow any loud, unnecessary or excessive music to emanate from the vehicle where the music is - olainly audible at a distance of 50 feet from the motor vehicle. Section 3: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portion of this ordinance. Section 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: The ordinance be effective immediately after the adoption hereof. PASSED AND ADOPTED THIS DAY OF ATTEST APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY TO: FROM: SOUTH MIAMI POLICE DEPARTMENT INTER - OFFICE MEMORANDUM Mayor and City Commission DATE: Oct. 16, 1998 SUBd:Agenda Item �� Comm.Mtg. Oct 20, 1998 Second Reading Section Deletions Chapter 15, Code of Ordinances ----------------------------------- ----------------------------------- Attached is an Ordinance pertaining to the deletion of certain sections of Chapter 15 of the Code of Ordinances of the City of South Miami. These deletions are necessary to eliminate the office of special police officer and the ensuing duties placed upon these persons, as well as the burden placed upon theater operators as a result of these sections. The abolition of this position in its entirety is consistent= with the various state laws governing police officer standards and training as well as laws governing arrest powers. Your concurrence is respectfully requested. CW /gf /esw ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DELETION OF SECTION 15- 7,CHILD MOLESTA- TION IN THEATERS- DEFINITION; PATROL, SECTION 15 -8, CHILD MOLESTATION IN THEATERS - QUALIFI- CATIONS OF SPECIAL POLICE;APPOINTMENT; SECTION 15 -9, CHILD.MOLESTATION IN THEATERS - ARREST AND DETENTION OF SUSPECT, SECTION 15 -10, CHILD MOLESTATION IN THEATERS, SECTIONS OF THEATER SET ASIDE FOR ADULTS; AUTHORITY TO REFUSE AD- MITTANCE TO ADULT WITHOUT CHILD, SECTION 15 -11, CHILD MOLESTATION IN THEATERS - AGE REQUIREMENT FOR ADULT SECTION; PROVISIONS FOR PARENT WITH CHILD, SECTION 15 -12, CHILD MOLESTATION IN THEATERS - REFUSAL TO OBEY REGULATIONS; EJECTMENT AND DISPOSITION OF PATRONS, AND SECTION 15 -13 CHILD MOLESTATION IN THEATERS - DUTY OF THEATER OPERATOR, OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; ELIMINATING THE OFFICE OF SPECIAL POLICE OFFICER; DELETING THE DUTIES OF A SPECIAL POLICE OFFICER; AND DELETING THE RE- QUIREMENT OF HAVING SPECIAL POLICE OFFICERS IN EVERY AISLE OF EVERY MOVIE THEATER MATINEE,PRO- VIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Sections 15 -7 through 15 -13 of the City Code of Ordinances establishes the office of special police officer and vests with them arrest powers not consistent with current state law; and WHEREAS, the position of special police officer as defined in Section 15 -8 conflicts with applicable state minimum requirements for police officers; and WHEREAS, movie theaters are open to all persons of all ages and do not separate patrons by age; and WHEREAS, responsibility for the proper conduct and deportment of all persons attending movie theaters rests with the management of the theaters and with the police department as their agents; and WHEREAS, the City Commission has expressed their desire to have the City's Code of Ordinances brought up to date by deleting obsolete material; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: -2- SECTION 1: Sections 15 -7 through 15 -13 of the Code of Ordinances of the City of South Miami currently reads as follows: SEC.15- 7.Child Molestation in Theaters - Definition; Patrol For the purpose of Sections 15 -7 through 15 -13, child molestation shall be defined in Section 801.02, Florida Statutes. Every theater operator in the City to which minors are invited for child matinees, shall have on duty one or more adult persons whose duty it shall be during such matinees regularly to patrol each aisle of such theaters for the purpose of preventing child molestation and to discover and apprehend any patrons who are en- gaged upon or who may be about to engage in such conduct. SEC.15 -8. SAME- Qualifications of Special Police; Appointment; Authority. The persons required to be engaged under the provisions of Section 15 -7 hereof, shall be persons of good moral character, not less than twenty -one years of age, who shall have been registered with the Police Department. All applicants for such registration, among other things, shall submit to fingerprinting and shall demonstrate that,either by experience or satisfactory completion of the special course of instruction offered by the Police Academy of the City of Miami, he or she is qualified to perform the duties pertaining to his office. Thereupon, such persons shall be appointed by the Police Department as special officers and shall have issued to them an appropriate badge or other form of identification. Their sole authority shall be to maintain order and to make arrests on the theater premises of persons whom they apprehend either in the commission of or after completion of acts of child molestation, or to eject from the theater premises any person who,upon reasonable grounds, they have cause to believe is about to engage in such conduct. SEC.15 -9. SAME - .Arrest and Detention of Suspect Any person arrested by such special police officers shall be detained until his delivery into the custody of the police department can be effected and the disposition of any charge lodged against him shall thereafter be had as required by law. SEC. 15 -10. SAME - Sections of Theater Set Aside for Adults; Authority to Refuse Admittance to Adult Without Child. In order to more fully and adequately protect against child molestation, each theater shall have set apart an appropriately marked section reasonably adequate to accommodate the number of adults who normally attend or may be expected to attend child -3- matinees, and such adults shall occupy only such section during Child matinees; provided, however, that any theater operator may refuse, during child matinees, to admit any adult not accompanied by a child actually or apparently under fourteen years of age. SEC. 15 -11. SAME - Age Requirement for Adult Section; Provisions for Parent with Child. It shall be the duty of the special police officers to require adults to occupy the separate section provided for them and to prevent persons actually or apparently under the age of twenty -one years from occupying such separate section during child matinees. Any parent accompanying a child who is not actually or apparently above the age of fourteen years and who desires to be seated with such child during a child matinee shall take such child into the section of the theater set apart for adults. SEC. 15 -12. SAME - Refusal to Obey Regulations; Ejectment and Disposition of Patrons. The special police officer shall have authority to eject from the theater, without refund of the admission charge paid by him, any person, minor or adult, who shall refuse to comply with the requirements of Section 15 -11 hereof, or observe order provided, however, that in the case of any child not over the age of fourteen and not accompanied by a person over that age, who, if ejected, would be incapable of taking care of himself, the special police officer shall notify the parent or other adult member of the family of such child to immediately call for him at the theater,or if such parent or other person cannot be contacted, shall surrender such child into the protective custody of the Police Department. SEC. 15 -13. SAME - Duty of Theater Operator It shall be the duty of every theater operator not only to comply with the requirements above set forth, but also to properly supervise the activities of such special police officers, whose commission or appointment may be revoked by the Police Department if they fail or refuse to perform their duties in accordance with the terms of Sections 15 -7 through 15 -12. SECTION 2: The City Commission hereby amends Section 15 to delete Sections 15 -7 through 15 -13. SECTION 3: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portion of this ordinance. SECTION 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. -4- SECTION 5: The ordinance be effective immediately after the adoption hereof. PASSED AND ADOPTED THIS DAY OF . 1998. ATTEST: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DELETION OF SECTION 15- 7,CHILD MOLESTA- TION IN THEATERS- DEFINITION; PATROL, SECTION 15 -8, -CHILD MOLESTATION IN THEATERS - QUALIFI- CATIONS OF SPECIAL POLICE;APPOINTMENT; SECTION 15 -9, CHILD MOLESTATION IN THEATERS - ARREST AND DETENTION OF SUSPECT, SECTION 15 -10, CHILD MOLESTATION IN THEATERS, SECTIONS OF THEATER SET ASIDE FOR ADULTS; AUTHORITY TO REFUSE AD- MITTANCE TO ADULT WITHOUT CHILD, SECTION 15 -11, CHILD MOLESTATION IN THEATERS - AGE REQUIREMENT FOR ADULT SECTION; PROVISIONS FOR PARENT WITH CHILD, SECTION 15 -12, CHILD MOLESTATION IN THEATERS - REFUSAL TO OBEY REGULATIONS; EJECTMENT AND DISPOSITION OF PATRONS, AND SECTION 15 -13 CHILD MOLESTATION IN THEATERS - DUTY OF THEATER OPERATOR, OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI; ELIMINATING THE OFFICE OF SPECIAL POLICE OFFICER; DELETING THE DUTIES OF A SPECIAL POLICE OFFICER; AND DELETING THE RE- QUIREMENT OF HAVING SPECIAL POLICE OFFICERS IN EVERY AISLE OF EVERY MOVIE THEATER MATINEE,PRO- VIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Sections 15 -7. through 15 -13 of the City Code of Ordinances establishes the office of special police officer and vests with them arrest powers not consistent with current state law; and WHEREAS, the position of special police officer as defined in Section 15 -8 conflicts with applicable state minimum requirements for police officers; and WHEREAS, movie theaters are open to all persons of all ages and do not separate patrons by age; and WHEREAS, responsibility for the proper conduct and deportment of all persons attending movie theaters rests with the management of the theaters and with the police department as their agents; and WHEREAS, the City Commission has expressed their desire to have the City's Code of Ordinances brought up to date by deleting obsolete material; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: -2- SECTION 1: Sections 15 -7 through 15 -13 of the Code of Ordinances of the City of South Miami currently reads as follows: SEC.15- 7.Child Molestation in Theaters - Definition; Patrol For the purpose of Sections 15 -7 through 15 -13, child molestation shall be defined in Section 801.02, Florida Statutes. Every theater operator in the City to which minors are invited for child matinees, shall have on duty one or more adult persons whose duty it shall be during such matinees regularly to patrol each aisle of such theaters for the purpose of preventing child molestation and to discover and apprehend any patrons who are en- gaged upon or who may be about to engage in such conduct. SEC.15 -8. SAME - Qualifications of Special Police; Appointment; Authority. The persons required to be engaged under the provisions of Section 15 -7 hereof, shall be persons of good moral character, not less than twenty -one years of age, who shall have been registered with the Police Department. All applicants for such registration, among other things, shall submit to fingerprinting and shall demonstrate that,either by experience or satisfactory completion of the special course of instruction offered by the Police Academy of the City of Miami, he or she is qualified to perform the duties pertaining to his office. Thereupon, such persons shall be appointed by the Police Department as special officers and shall have issued to them an appropriate badge or other form of identification. Their sole authority shall be to maintain order and to make arrests on the theater premises of persons whom they apprehend either in the commission of or after completion of acts of child molestation, or to eject from the theater premises any person who,upon reasonable grounds, they have cause to believe is about to engage in such conduct. SEC.15 -9. SAME - Arrest and Detention of Suspect Any person arrested by such special police officers shall be detained until his delivery into the custody of the police department can be effected and the disposition of any charge lodged against him shall thereafter be had as required by law. SEC. 15 -10. SAME - Sections of Theater Set Aside for Adults; Authority to Refuse Admittance to Adult Without Child. In order to more fully and adequately protect against child molestation, each theater shall have set apart an appropriately marked section reasonably adequate to accommodate the number of adults who normally attend or may be expected to attend child -3- matinees, and such adults shall occupy only such section during Child matinees; provided, however, that any theater operator may refuse, during child matinees, to admit any adult not accompanied by a child actually or apparently under fourteen years of age. SEC. 15 -11. SAME -- Age Requirement for Adult Section; Provisions for Parent with Child. It shall be the duty of the special police officers to require adults to occupy the separate section provided for them and to prevent persons actually or apparently under the age of twenty -one years from occupying such separate section during child matinees. Any parent accompanying a child who is not actually or apparently above the age of fourteen years and who desires to be seated with such child during a child matinee shall take such child into the section of the theater set apart for adults. SEC. 15 -12. SAME - Refusal to Obey Regulations; Ejectment and Disposition of Patrons. The special police officer shall have authority to eject from the theater, without refund of the admission charge paid by him, any person, minor or adult, who shall refuse to comply with the requirements of Section 15 -11 hereof, or observe order provided, however, that in the case of any child not over the age of fourteen and not accompanied by a person over that age, who, if ejected, would be incapable of taking care of himself, the special police officer shall notify the parent or other adult member of the family of such child to immediately call for him at the theater,or if such parent or other person cannot be contacted, shall surrender such child into the protective custody of the Police Department. SEC. 15 -13. SAME - Duty of Theater Operator It shall be the duty of every theater operator not only to comply with the requirements above set forth, but also to properly supervise the activities of such special police officers, whose commission or appointment may be revoked by the Police Department if they fail or refuse to perform their duties in accordance with the terms of Sections 15 -7 through 15 -12. SECTION 2: The City Commission hereby amends Section 15 to delete Sections 15 -7 through 15 -13. SECTION 3: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portion of this ordinance. SECTION 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 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 SECTION 5: The ordinance be effective immediately after the adoption hereof. PASSED AND ADOPTED THIS DAY OF 1998. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR § 15.7 OFFENSES AND MISCELLANEOUS PROVISIONS § 15.7 Set. 15 -7. Child molestation in theaters — Definition; patrol. For the purpose of sections 15 -7 through 15 -13, child molestation shall be as defined in Section 801.02, Florida Statutes. Every theater operator in the city to which minors are invited for child matinees, shall have on duty one or more adult persons whose duty it shall be during such matinees regularly to patrol each aisle of such theaters for the purpose of preventing child molestation and to discover and apprehend any patrons who are engaged upon or who may be about to engage in such conduct. ( Ord. 288, § 2, 3-2-54) State law reference - -Lewd, lascivious or indecent assault or act upon or in presence of s child, § 800.04, Florida Statutes. Supp. No. 46 204.7 § 15 -8 OFFENSES AND MISCELLANEOUS PROVISIONS § 15 -10 Sec. 15 -8. Same — Qualifications of special police; appoint- ment; authority. The persons required to be engaged under the provisions Of section 15 -7 hereof, shall be persons of good moral charac- ter, not less than twenty -one years of age, who shall have been registered with the police department. All applicants for such registration, among other things, shall submit to fingerprinting and shall demonstrate that, either by experi- ence or satisfactory all of the special course of in- struction offered by the Police Academy of the City of Miami, he or she is qualified to perform the duties pertaining to his office. Thereupon, such persons shall be appointed by the Police department as special officers and shall have issued to them an appropriate badge or other form of identification. Their sole authority shall be to maintain order and to make arrests on the theater premises of persons whom they appre- hend either in the commission of or after completion of acts of child molestation, or to eject from the theater premises any person who, upon reasonable grounds, they have cause to believe is about to engage in such conduct. (Ord.' 288, § 3, 3-2-54.) Sec. 15 -9. Same -- Arrest and detention of suspect. Any person arrested by such special police officers shall be detained until his delivery into the custody of the police department can be effected and the disposition of any charge lodged against him shall thereafter be had as required by law. ( Ord. 288, § 49 3-2-54.) Sec. 15 -10. Same --- Sections of theater set aside for adults; authority to refuse admittance to adult without child. In order to more fully and adequately protect against child molestation, each theater shall � have set apart an ap- propriately marked section reasonably adequate to accommo- date the number of adults who normally attend or may be expected to attend child matinees, and such adults shall occupy only such section during child matinees; provided, however, that any theater operator may refuse, during child 205 e 15 -10 SOUTH MIAMI CODE 15 -13 matinees, to admit any adult not accompanied by a child actually or apparently under fourteen years of age. (Ord. 288, 5, 3-2-54.) Sec. 15.11. Same —Age requirement for adult section; pro- visions for parent with child. It shall lie the duty of the special police officers to require adults to occupy the separate section provided for them and to prevent persons actually or apparently under the age of twenty -one years from occupying such separate section during child matinees. Any parent accompanying a child who is no: act ualiv or apparently above the age of fourteen years and who de,ires to be seated with such child during a child matinve shall take such child into the section of the theater set apart for adults. (Ord. 288, § 6, 3- 2 -54.) Sec. 15.12. Same Refusal to ohev regulations; ejectment and disposition of patrons. The special police officer shall have authority to eject from the theater, without refund of the admission charge paid by him, any person, minor or adult, who shall refuse to comply with the requirements of section 15 -11 hereof, or observe order provided, however, that in the case of any child not over the age of fourteen and not accompanied by a person over that age, who, if ejected, would be incapable of taking care of himself, the special police officer shall notify the parent or other adult member of the family of such child to immedi- ately call for him at the theater, or if such parent or other person cannot be contacted, shall surrender such child into the protective custody of the police department. (Ord. 288, § 7, 3-2-54.) Sec. 15 -13. Same --Duty of theater operator. It shall be the duty of every theater operator not only to comply with the requirements above set forth, but also to properly supervise the activities of such special police offi- cers, whose commission or appointment may be revoked by 206 § 15 -13 OFFENSES AND MISCELLANEOUS PROVISIONS 115-15 the police department if they fail or refuse to perform their duties in accordance with the terms of sections 15 -7 through 15 -12. (Ord. 288, § 8, 3 -2 -54)1 Sec. 15 -14. Children; improper conduct toward same. It shall be unlawful in the city to address vile, indecent, profane, obscene or improper language to a child under the age of eighteen years; or to make any indecent, repulsive or im- proper. advances or proposals to such child; or to frighten, intimidate, torment or lay hands upon a child without proper authority; or to invite or to take a child for a ride in a vehicle or to any other place with intent to make indecent, repulsive or improper advances or proposals to such child. Any person violating any of the provisions contained in this section shall be guilty of improper conduct to a child. When any person not being related or known to a child under the age of eighteen years, invites or takes a child for a ride in a vehicle or to any other place, a prima facie presumption shall result of an intent to make indecent, repulsive or im- proper advances or proposals . to the child. (Ord. 297, 4- 20 -54) State law reference —Lewd, lascivious or indecent assault on child, 1 800.04, Florida Statutes. Sec. 15 -15. Concealed weapons. It shall be unlawful in the city for any person, except an officer of the law authorized to make arrests, to carry concealed about his person any pistol, dirk, bowie knife, clasp knife, razor, metallic knuckles, slingshot, slungshot, or any other deadly weapon, except an ordinary pocket knife, or to carry any fountain pen or other device or instrument designed to discharge, or for the purpose of discharging, tear gas or other injurious gas, except those fountain pens or other devices or instruments designed to discharge, or for the purpose of discharging, tear gas or other injurious gases which are designed to be carried in a woman's handbag or a man's pants or coat pocket, or designed as a pocket pencil or pen, and containing not more than one -half ounce of chemical. (Ord. No. 297, 4- 20 -54; Ord. No. 1101, § 1, 5 -5 -81) State law reference—Carrying concealed weapons and arrest for same without warrant, 1790.01 et seq., Florida Statutes. Supp. No. 39 207 SOUTH MIAMI POLICE DEPARTMENT I ► 1114 �� i �i �� ►� I ►��1�.7: �I� ` -11iI► I TO: Mayor and City Commission DATE: Oct. 16, 1998 FROM: Charles D. Scurr, A SUBJ: Agenda Item # ,o City Manager fo Comm.Mtg. Oct.20, 1998 41 Second Reading Section 4 -3, Code of Ordinances ------------------------------------ ------------------------------------ Attached is an ordinance repealing Section 4 -3, Seizure and Forfeiture of Illicit Liquors, Stilling Apparatus, etc. of the Code of Ordinances of the City of South Miami. This section deals with the transportation, concealment and /or manufacture of moonshine whiskey or any components thereof. State law under Section 562.35, Fla Stat. addresses the same subject. As such, this ordinance is not necessary. The current ordinance also provides for deposit of forfeiture proceeds into the general fund, which is not permissible under Section 932.701 et seq. Fla. Stat. the Florida Contraband Forfeiture Act. Your concurrence in the repealing of this obsolete act is respectfully requested. CW /gf /esw ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,DELETING SECTION 4 -3, SEIZURE AND FORFEITURE OF ILLICIT LIQUORS, STILLING APPARATUS, ETC. OF THE CODE OF ORDIN- ANCES OF THE CITY OF SOUTH MIAMI,FLORIDA, RELAT- ING TO THE SEIZURE AND FORFEITURE OF ILLICIT LIQUORS, STILLING APPARATUS, ETC; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND PROVID- ING FOR AN EFFECTIVE DATE, WHEREAS, Section 4 -3, Seizure and Forfeiture of Illicit Liquors, Stilling Apparatus, etc. of the Code of Ordinances provides for seizure and forfeiture of certain personal property involved in specific illicit liquor activities; and WHEREAS, current state statute provides for specific procedures governing this type of seizure and the disposal of proceeds of same; and WHEREAS, the City Commission has expressed their desire to have the City's Code of Ordinances brought up -to -date by deleting obsolete material, and by adding legislation which has been adopted and not yet incorporated in the most current official Code of Ordinances; and NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Section 4 -3 of the City Code of Ordinances currently reads as follows: Sec. 4 -3. Seizure and forfeiture of illicit liquors, stilling apparatus, etc. Any vehicle, vessel, aircraft or any animal used in the transportation or removal of, or for the deposit or concealment of any illicit liquor still or stilling apparatus or any mash, wort, wash, or other fermented liquids capable of being distilled or manufactured into an alcoholic bev- erage containing more than one percent of alcohol by weight or any alcoholic beverage, commonly known and referred to as "moonshine whiskey ",where seized by a municipal police officer within the corporate limits of the city shall be forfeited,as provided for by the general state law,and all sums received therefrom shall go into the general oper- ating fund of the city. Section 2: The City Commission hereby deletes Section 4 -3 in its entirety. 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 -2- Section 3: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: The ordinance be effective immediately after the adoption hereof. PASSED AND ADOPTED THIS DAY OF 1998. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Staie Substantive Laws (Crimes) erages; unless the person receiving same, by purchase or otherwise, shall hold a license to manufacture or distribute such alcoholic beverages. (3) It shall be unlawful for any person to transport any cans, jugs, jars, bottles, ves- sels to be used to bottle or package alco. holic beverages; however, this section shall not apply to any firm or corporation hold- ing a license to manufacture or distribute such alcoholic beverages; and provided, further, that this section shall not apply to any person transporting such containers to any person, firm or corporation holding a license to manufacture or distribute such alcoholic beverages. (4) Any person violating any provision of this section of the law shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084. (5) Any such cans, jugs, jars, bottles, ves- sels or any other type of container found in the possession, custody or control of any person which are being used intend- ed to be used, or to be disposed of in viola. tion of this section, shall be seized by the Division, sheriffs or deputy sheriffs and shall be forfeited to the state. 62.35 Conveyance; seizure and for- feitures. —Every vehicle, vessel, or aircraft used m the transportation or removal of; or for the deposit or concealment of; any mash, wort or wash, or other fermented liquids, or moonshine whiskey, or any raw materials used to manufacture illicit liquors utensils or stills and stilling appa- ratus, shall be seized and may be forfeited as provided by the Florida Contraband Forfeiture Act 562.36 Beverage on conveyance Prima facie evidence; proviso,—The presence, in any conveyance or place, or any beverage upon'which a tax is imposed by the Beverage Law or would be imposed if such beverage were manufactured in or brought into this state in accordance with the regulatory provisions thereof , and upon which the tax has not been paid, shall be Prima facie evidence that such beverage is being removed, deposited or concealed with intent to defraud the state of such tax; Provided, that the provisions of this section shall not apply to any conveyance or any Place owned by, or in the possession, cus- Ch. 562 tody or control of a licensed manufacturer or distributor, a state bonded warehouse, or a common carrier. 562.38 Report of seizures. Any sherif, deputy sheriM or police officer, upon the seizure of any property under this act shall promptly report such seizure to the Division or its representative together with a desc np- tion of all such property seized so that the state may be kept informed as to the size and magnitude of the illicit liquor business. 562.41 Searches, penalty. (1) Any authorized employee of the Division, any sheriff, any deputy sheriff or any police officer may make searches of person, places, and conveyances of any kind whatsoever, in accordance with the laws of this state for the purpose of deter. mining whether or not the provisions of the beverage law are being violated. (2) Any authorized employee of the Division, any s-heriff. any deputy sheriff or any police officer may enter, in the day time, any building or place where any bev. erages subject to tax under the Beverage Law or which would be subject to tax thereunder if such beverages were manu- factured in or brought into this state in accordance with the regulatory provisions thereof; or any alcoholic beverages are manufactured, produced or kept, so far as may be necessary, for the purpose of exam- ining said beverages. When such premises are open at night, such officers may enter them while so open, in the perEormaace of their official duties. (3) Any owner of such premises or per. son having the agency, superintendency or possession of same, who refuses to admit such officer, or to suffer her or him to exam- ine such beverages, small be guilty of a mis- demeanor of the second degree, punishable as provided in §775.082 or §775.083. (4) Any person who shall forcibly obstruct or hinder the director, any divi. sion employee, any sheriff; any deputy sheer or any police officer in the execu- tion of any power or authority vested in him or her by law, or who shall &=Uy res. cue or cause to be rescued any property if the same shall have been seized by such of. ficer, or shall attempt or endeavor to do so, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or§775.083. 2n7 1 ,ad cut1w Lrum ri (rfeiture trust the f:4napd Not prop, -ate contraband a (a) Sell the property with n the proceeds otion precludes 9 in this sub. being used towards sads&ction of any any Party from electing to liens, or jeek attorney's fees and Costs under chap. (b) Have the lien satisfied - :er 57 or other applicable law Prior to talcing • (11)(a) The Department of Law Enforce- any acdim authorized by subsection (1). tent. '11 consultation with the Florida (3) The proceeds &om the sale of sheriffs Association and the Florida police fOrfeited Property shall be disbursed ursed in the chiefs Association, shall develop guidelines ollowingprortr Ind training Procedures to be used by state (a) Payment of the balance due on any lien Preserved by the court in the jo&iture ,ad local law enforcement agencies and proceedings. Mate attorneys in implementing the Florida Contraband Forfeiture Act. Each state or (b) Payment of the cost kCurM stare bW law enforcement agency that files - seizing agency in connection with the stor. brielture actions civil age, under the Florida Contra- mainterisrice, security, and forfeiture yard Forfeiture Act shall file, by December Ofsuch Property. 11995. a certificate - kad or- his or her . signed by the agency 'C) Payment of court costs Incurred in - designee which repre- the fiwfiaiture proceeding. gats that the agenc3es poliQes and proce. r_( )(a) If the seizing agency is , county or lures are Lich state or compliance with the guidelines. municipal agenM the remaining Proceeds or local law en&rcement agency shan be deposited in a special law enforce_ or.&i• that seizes Property for the purpose off meat trust fund established by the board of mm shall periodically review seizures of county commissioner& or the governing wets made by the agency's law enforce- of the municipality. Such Proceeds orce_ cent officers, settlements and forfeiture and interest earned there fim shall be used pmeedings initiated by 'Z for school resource offLcer, crime preven. ktermine whether such seuiuraegsency' to Lion, safe nsighbOrhood, drug abuse educa. , settle- seats. and forfeitures comply with the tion and prevention pro gmins, lb�da Contraband Forfeiture Act Or for other laidelines adopted under this sub and the law enforcement purpofts, defraying the cost of which include Protracted or complex whether an agency investigations, Providing additional - Me determination Of v section. . d Me a civil forfeiture action ust be the ment or expertise and providing equip- tie responsib�ooef the headncof the agenc. ds to obtain federal grantstching 1rhis or her de. v . The pro- ceeds and interest May not be used to meet The determination Of whether to noroW Operating expenses of the law �Ze currency must be made by superviso. enforcement agency: J 1 personnel. ds agencys legal counsel (b) These fimds 010Y be expended upon But e soon as possible request by the sheriff to the board of coun. 1922.7055 932.7055 Disposition tY commissioners or by the chidofPolice to Eted property, of liens and for- the governing body of the mumcipality, accompanied by a written =tT=tio (1) When a se n that uIng agency obtains a final the request complies with the Provisions of �falent granting forfeiture of real proper. this subsection, and Only upon appropria. korpersonal Property, it may elect to. lion to the sheriffs office Or Police depart - 1c; N) Retain the meat by the board of coon ccmmis,� Property for the agency's or the governing body of the municiPality. W An agency or organizadon, other than Sell the property at Public auction or the seizing agency, that wishes to receive sealed bid to the highest bidder, except "at Property mercially re which should be sold in a such funds shall apply to the sheriff or clad reasonable manner after Of Police for an appropriation and its apply. �Itlalsal by listin k) 9 On the market, or cation shall be accompanied by a written taSalvage, trade certification that the moneys Will be used '4 any Public. ' Or tz�ander the prop. (2)J rnonprofi fi)r an authorized purpose. Suchrequestshr preserved by the t organization, expenditures shall include a statement I the 'Orleited Property is subject to a describing antpated recurring 03(6)(b) the court as Provided in COStS for agency shall. the agency for subsequent fmcal years. An I agency or orgairmtIon that receives money mi 88 A ,r',-' - N 4rr. i. ......................... .......................... .......................... .......................... ........................... .......................... ........................... ........................... my CITY OF SOUTH MIAMI Date: September 1, 1998 Agenda Item # ;3 Contractual Services — State Legislative (Lobbying) Services The purpose of this memorandum is to recommend the selection for State Legislative (Lobbying) Services. The creation of a new Office of Intergovernmental Affairs was approved as part of the FY 1998- 99 Budget. One of the cornerstones of this new Office is the retention of professional lobbyists. The use of lobbyists is essential for the City to successfully compete for funding. The Commission approved a total of $48,000 for these services. The discussion accompanying the appropriation indicated that it might be possible to obtain the services of two firms, possibly in some type of partnership, for this amount. In July 1998 an RFP No. SLS -83198 was advertised for State Legislative Services. The RFP included a detailed description of the services requested and provided criteria that the City would use in selection. The criteria included: 1. Experience & knowledge of the contractor. 2. The experience of the contractor in representing entities comparable to the City. 3. The ability of the contractor to provide all of the services specified in the scope of work. 4. The accomplishments, generally, of the contractor in representing entities comparable to the City. 5. The accomplishments, specifically, of the contractor in securing medium ($500,000 to $1 million) and large (over $1 million) appropriations. A total of 11 firms /individuals picked up copies of the RFP. A total of six individuals /firms responded. A Review Committee chaired by Fernando Rodriguez reviewed the proposals. The Committee rated the proposals in three categories: 1. Most Highly Qualified (Tier 1); 2. Qualified (Tier 2); and 3. Minimally or Not Qualified (Tier 3). The Committee rated the firms as follows: Tier 1 Gomez Barker Associates Ronald L. Book, P.A. Tier 2 Public Private Partnership Maury Management Group Tier 3 Robert M. Levy & Associates Rodriguez Pina & Associates Based on the above I am recommending: 1. The selection of the two Most Highly Qualified (Tier 1) firms to represent the City — Gomez Barker Associates and Ronald L. Book, P.A.; 2. The allocation of $45,000 for this purpose to be used by the two firms in a team partnership; and 3. The selection of the Maury Management Group in the sum of $3,000 to support the joint lobbying efforts of the City and Chamber South. Although Maury Management Group does not have the experience and public sector client base of the two Tier 1 firms, they do have an ongoing relationship with Chamber South that I recommend the City support. Copies of the RFP, Review Committee Report, and the proposals of Gomez Barker Associates and Ronald L. Book, P.A. are attached. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO STATE LEGISLATIVE (LOBBYING) SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $45,000.00 FOR THE FIRMS OF GOMEZ BARKER & RONALD L. BOOK, P.A.; AND AN AMOUNT NOT TO EXCEED $3,000.00 FOR THE MAURY MANAGEMENT GROUP FROM ACCOUNT NUMBER 001- 1315 -513 -3450, CONTRACTUAL SERVICES WHEREAS, the City of South Miami has established an Office of Intergovernmental Affairs with the purpose of securing appropriations and funding from the State of Florida; and WHEREAS, the use of professional lobbying services is essential to the success of this Office; and WHEREAS, the City advertised and competitively solicited for these services through RFP No. SLS- 83198; and WHEREAS, a Review Committee has completed the review of these proposals. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission hereby authorizes the City Manager to enter into a Professional Services Agreement for State Legislative (Lobbying) Services with the Team of Gomez Barker Associates & Ronald L. Book, P.A. in an amount not to exceed $45,000.00 and with the Maury Management Group in an amount not to exceed $3,000.00 from Account # 001- 1315 -513 -3450, Contractual Services. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney day of , 1998. APPROVED: Mayor 90L,7r. 0ti �r z F � imc*Rpoomno 1 2 �LOAl9r (/_9D - W' fft Yo a t, � t, At; 7, mi CHARLES D. SCURR CITY MANAGER City of South Miami Request for Proposals State Legislative Services RFP NO. SLS -83198 July 17,1998 General Information 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 305 / 663 -6338 FAX 663 -6345 The City of South Miami seeks to retain the services of a legislative consultant(s) for matters in which the City may need professional services before the Florida Legislature, State of Florida administrative agencies, the Florida Governor and Cabinet, et. al. Such services shall include attending state legislative committee hearings and meetings, rule making proceedings and administrative or legislative agency meetings. The contract services shall include, but not necessarily be_ limited to: scheduled, extended, special legislative sessions and meetings; state administrative and agency hearings, meetings or rule making proceedings; and legal, grant and legislative consulting services in accordance with the terms and conditions of this Request for Proposals. The successful contractor shall agree to be available at all times to be available upon reasonable request to meet with City officials; and to attend meetings, represent the interests of the City, and act a liaison between the City and all branches, departments and agencies of State government, at any legislative committee meeting or meetings with the Governor, Cabinet, or Cabinet members, or state agencies. The contractor shall maintain a year round active presence in Tallahassee, Florida and also a staffed office presence during the legislative session and be able to provide staff and office support to City officials when traveling to Tallahassee. Consultants must also have an in -depth knowledge of issues and programs affecting the City and Miami -Dade County and have an outstanding record of accomplishment in representing local governments, particularly in the grant funding area. Professional Services Required The contractor shall provide the following services to the City: 1. Review, on a continuing basis, all existing and proposed State policies, programs and legislation affecting the City. 2. Assist the City in the development of it's legislative program. The scope of the legislative program should include all City Departments and functions including police, public works, solid waste, environmental regulations, parks, economic development, community redevelopment agency, housing, redevelopment, computers and telecommunication, planning, traffic, transportation, central services and infrastructure development, etc. 3. Provide specific assistance to the City in the identification, development, application and approval of funding requests, grants and appropriations for all City Departments and functions. 4. Monitor state legislative committee meetings, state agency hearings and meetings prior to and during the regular and .special legislative sessions relative to the City's legislative program or other issues that may impact the City. 5. Work with City staff and the Miami -Dade legislative delegation to develop special or general legislation necessary for and supportive of the City's legislative program. 6. Develop and evaluate strategy for the support, opposition or amendment of legislation, rules, etc., impacting the City. 7. Testify and lobby before the Legislature, Governor, and Cabinet as necessary on behalf of the City. 8. Appear and testify before state agency hearings, budget meetings, rule making or other administrative agency or legislative meetings on behalf of the City. 9. Upon request, schedule and coordinate meetings between City officials and appropriate state officials and legislators. 10. Provide staff, office and logistical support to City officials while in Tallahassee. 11. Prepare written status reports to the City, bi- weekly during the Session, and monthly the remainder of the year. Such reports shall be as detailed a as necessary and include updates on the City's legislative program and funding requests. 12. The contractor may be requested, on a very limited basis, to provide support on County and Federal matters. It is understood that these areas are not the focus of this RFP. General Terms and Conditions 1. The City shall provide a monthly retainer for the above referenced services. The monthly retainer shall be negotiated with the selected contractor(s). The monthly retainer shall include all fees, including contractor travel, postage, telephone, etc. Additional extraordinary expenses may be allowable on a pre- approved case by case basis. 2. The City reserves the right to select one or more contractors and the ability to designate lead responsibility if more than one contractor is engaged. 3. The contractor shall report to the City Manager, or assigned designee. 4. The contractor is an independent contractor under this Agreement. 5. The contractor shall not represent clients in matters adverse to the City, and shall make promptly known any conflicts or potential conflicts. If said conflicts cannot be satisfactorily resolved to the City's satisfaction than the City reserves the right to suspend and/or terminate the services of the contractor and procure same from other contractors. 6. The contractor acknowledges that he /she has not been convicted of a public entity crime or placed on the convicted vendor list. 7. The City reserves the right to delete or modify the services and scope of work under this contract at any time, with or without cause. If such scope of work: is reduced the payment to the contractor shall be reduced by a commensurate amount. 8. The contractor may not change the principal person(s) working on this contract without the express permission of the City. 9. The City reserves the right to negotiate the fee schedule proposed by the Contractor under this RFP in order to meet City budgetary constraints. 10. Joint ventures are allowed. Participation by minorities and women is encouraged. RFP Documents Required Each contractor shall submit 10 copies of the following: 1. A cover letter indicating the contractors interest in providing these services to the City. 2. A brief history of the contractor, including how long the contractor has been engaged in this field of work. 3. A list of the principal(s) who will be responsible for providing the specified services, including resumes or biographies for each person. 4. All current local municipal, County, regional and state clients of the contractor including for each client: (a) the length of the contract; b) the scope of services provided; c) the type of contract (pro bono, retainer, project based fee, etc.; d) accomplishments achieved for the client including legislative appropriations; and e) a contact name and phone number for the client. 5. Any prior or private sector clients that- may be relevant, providing the same information as above. 6. Copies of any press articles, profiles, commendations, etc. that may assist the City in it's evaluation. 7. A list of references, including comparable jurisdictions to the City and elected officials (Please limit to 5). 8. An original signed copy of this RFQ wherein the contractor acknowledges and warrants that he /she has read and agrees with all of the terms and conditions contained herein. 9. Proposed monthly retainer fee to provide the services. Timetable and Process All RFP's must be returned to the City Manager's office no later than 5:00 PM on August 31, 1998. A pre -bid conference will be held on Thursday August 6, 1998 at 9:00 AM at South Miami City Hall. The City will evaluate the RFP's based on the following criteria: 1. The experience and knowledge of the contractor. 2. The experience of the contractor in representing entities comparable to the City. 3. The ability of the contractor to provide all of the services specified in the scope of work. 4. The accomplishments, generally, of the contractor in representing entities comparable to the City. 5. The accomplishments, specifically, of the contractor in securing medium ($500,000 to $1 million) and large (over $1 million) appropriations for it's clients across a broad range of functional areas and departments. Contractor Date Contractor Date CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM TO: Charles D. Scurr DATE: October 16, 1998 City Manager FROM: Fernando J. Rodriguez RE: Professional Lobbying — Public Works Director Review of Proposals Many local governments employ the services of professional lobbyists on a retainer contract basis. This is a highly cost - effective approach to obtain grant funding which is available at the county, state and federal levels. A municipality may opt to lobby for funding through the efforts of its elected officials. However, this approach is not practical and does not maximize effectiveness. Successful lobbying is a time consuming activity requiring significant experience and tenacity. It is a potentially high -yield pursuit that is best left to professionals. The marked increase in project activity that South Miami is currently experiencing requires a significant amount of funding. Many of the grant monies available each year can be tapped into through the employment of competent lobbying firms. To this end, requests for lobbying services proposals have been solicited from several South Florida based firms. A review committee comprised of the Assistant City Manager and department heads evaluated all proposals with the following results: Rank Firm Comments _ Tier 1 — Most Highly Qualified 1 Gomez Barker Associates, Inc Extensive experience and retainers with Miami -Dade County, City of Miami Beach, and City of West Miami. Obtained grant funding totaling $15M for above three entities. \continued... MAYOR AND COMMISSION PAGE TWO OCTOBER 20, 1998 Rank Firm Comments 2 Ronald L. Book, P.A. Tier 2 - Qualified 3 Public Private Partnership, Inc. 4 Maury Management Group Extensive list of clients, including Miami -Dade County, cities of North Miami, North Miami Beach, and Aventura. Impressive funding amounts listed for various charitable foundations /programs. In business for close to a decade. Highly qualified staff. Clients include Broward County, Miami - Dade County (6 mos. into a 1 -year retainer) and City of Gretna, FL (obtained $1.9M for water system projects.) The proposal lists no municipalities currently on retainer contracts. The firm does exhibit potential to be useful to a small city by virtue of their experience, contacts and desire to work with clients. Tier 3 — Minimally Qualified or Proposals That Did Not Meet RFP Requirements 5 Robert M. Levy & Associates 6 Rodriguez Pina & Associates This firm lists good qualifications. However, the package submitted is weak in details and presentation. This firm submitted a weak package in terms of details and effort. Retainers are listed for Miami -Dade and City of South Bay. No funding amounts obtained are listed. The fee listed on the proposals were not given heavy consideration due to their similarity (monthly fee ranged from $2,600 to $3,500 for top three respondents) and their negotiability. The evaluation of the six proposals has narrowed the choices of two firms that can best assist the City in obtaining valuable funding. These firms are recommended. CITY OF SOUTH MIAMI O INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: October 16, 1998 Agenda Item # A V From: Charles Scurf Subject: Comm. Mtg. 10/20/98 City Manager Grant Application The attached resolution ratifies the submission of a grant to Florida Recreation Development Assistance Program. Submission deadline was October 16, 1998 for the 1999 -2000 funding cycle. The application submitted requests $100,000 for development and renovation of the open space park located at 6820 SW 64"' Avenue. This property was purchased in 1996 utilizing funds from this agency for the purpose of creating an open space park. Additional funding has been acquired through a grant from Safe Neighborhood Parks ($55,000). The funds would be used to improve the terrain and landscaping, create parking, a nature trail, and renovation of the historic structure for bathroom facilities and nature learning centers. The grant, in the amount requested, requires equal city match. We are using the $55,000 and peal land value ($45,000) as match. If this grant is funded we will be able to begin development of this park for the enjoyment of our citizens. I recommend approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO OPEN SPACE PARK,RATIFYING THE SUBMISSION OF APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM FOR FUNDS TO ASSIST IN DEVELOPMENT AND RENOVATION OF CITY PROPERTY LOCATED AT 6820 SW 64" AVENUE FOR AN OPEN SPACE PARK. WHEREAS, the Mayor and City Commission of the City of South Miami wish to develop an open space park at 6820 SW 64" Avenue; and, WHEREAS, Florida Recreation Development Assistance Programs 1999 -2000 funding year requires application no later than October 16, 1998; and, WHEREAS, the South Miami Parks and Recreation Department has identified the need for additional funding in order to begin development of this open space park; and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Commission ratifies authorization for Administration to submit an application requesting $100,000 from Florida Recreation Development Assistance Program for development and renovation of the city -owned property located at 6731 S.W. 58t" Place. Section 4. 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 , 1998. APPROVED: MAYOR L�J 0 1 t a Aw f CITY OF SOUTH MIAMI Julio Robaina, Mayor Armando Oliveros, Jr., Vice Mayor David D. Bethel, Commissioner Horace G. Feliu, Commissioner Mary Scott Russell, Commissioner Charles Scurr, City Manager Ana Garcia, Parks and Recreation Director Prepared and submitted by: Diana Morris, Assistant City Manager Phone: 305 - 668 -3878; FAX: 305 - 663 -6345 Introduction In 1996, the City of South Miami acquired property for a proposed open -space park. This purchase was partially funded through a grant from Florida Recreation Development Assistance. The property is very natural and rich with native plants and trees. It invites the development of nature trails that encompass nature study opportunities, as well as contemplative enjoyment opportunities for visitors. A variety of birds, including peacocks, inhabit the property. A natural butterfly garden has developed on the property that attracts numerous butterfly species. The 52- year -old coral rock house on the property adds historic significance as well as beauty to the site, and can be renovated to provide bathroom facilities and learning centers for nature study. The property requires extensive landscape improvements, including terrain improvements to make the area safer for visitors. Nature trails with botanical identification markers will add learning opportunities for visitors. Vehicular and bicycle parking will be addressed in such a way as to preserve the tranquil and natural environment to the greatest extent possible. The other city parks are more activity- oriented. The city is proud to have secured this property and to be able to preserve the "urban forest" for the enjoyment of our citizens. If funded, this grant will allow us to also provide a valuable learning experience through exposure to native plants, and wildlife. The historic nature of the structure adds appeal and museum possibilities to the project. f10RIBI BFP QRTNFNT#FfNUBgNNFNTSPROTfCTI1lX fl 0 R I DA R f C RfQ T I ©X Of Yf l !l P1 f �f X T A S SI S T11 X Cf PR 0 G RQ I i I (DEP USE ONLY) AVA9TI - -M,FBX /ARMHQTIOX RECErVM: POSTMARIM.: APPL NO.: I APPIICdOIXFOR1fI AR A. Name of Applicant:` o f S n11 h M i ar, i- B. Federal Employment Identification Number. 5 9- 6 0 0 0- 4 31 C. Population: 10 . 5 0 D D. Current Operating Budget: 10 , 3 9 0 , 0 0 0 (this is the opermnng budget for die city, county or special dismm not/ust the department budget) E. Contact Person: Diana Morris Title: Assistant City Manacrer (The cattact person is someone who will be in direct contact with the DEP) AddrCSs: StrCCt1T0 Box: 6130 Sun F+t- nr _ City /State: South Mi am; , FT. Zip Code: 33143 Telephone :( 30! 1 668 -3878 $w== FAX:l ios) 663 -6345 If project is not funded, please check here if grantee wishes to receive application back. ❑ I hereby certify that the information provided in this application is true and accurate. I further certify that I Ossess the authority to apply for this grant on behalf of the applicant. in —is —gg Signature of Authorizcd Representative Date 2 PBRECTIXfMIM17911 A. Name of Project: Open Space_ Park B. Project Type (Check One): Project must either be acquisition or development. (It can not be both) Development: X_ On land owned by applicant On land currently under site control by applicant Date site control expires: Acquisition: Development projects must be under site control by the close of the submission period (October 16, 1998). Include a boundary map of the project site. Include a copy of the site 1=11 documents (e.g., deed, lease, agreement, etc.). C. Project Locauon: Surer Address: 6a`0 S. w' 64th Avenue City: South Mi anti County' y s a� VF� ir LOCAMY SKETCH sex" I'.lor rMS NE tft OF TFtB SFr 1/4 OF THE SW 114. $CC PS. 77P. 34S. RGE 40a. i t , k I, f t i ti �7 F h ae ti 5 y SOUTS NEST 64 COURT FMMO 1901 SITE 1 1 t M fas.st' �p� f19.s1' .rouTN *TsT 64 AWHUE ri ' 3 t. W i h O q O V RUE 76287r4468 REC. This Instrument Prepared By: Steven C. Cronig, Esquire Florida Bar No. 307068 Bailey & Jones a professional association 300 Courvoisier Centre 501 Brickell Key Drive Miami. Florida 33131 -2623 Telephone (305) 374 -5505 "7F' :19 4:; 7S 7 1997 MAY 66 IS' i_ Accord & Erbtrn Steve's C. C: or.' -, Barley & Joars 50I Brfckeii Key Drive suite Boo .ifia;;:4 FL 3313' -:623 (305) 3744563 WARRANTY DRED 00CSTI'DEE 1 :410.00 SIIRTX 0.0( HARVEY RUVIN> CLERK DhDE COUNTY? R THIS INDENTURE is made this day of March, 1997, by and between Owem Goldston, a single woman (hereinafter 'GRANTOR') an the City of South Miami, Florida, a Florida municipal corporation, (hereinafter 'GRANTEE') of 6130 Sunset Drive, South Miami, Florida 33143. That said GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants, bargains, sells and conveys to said GRANTEE, its successors and assigns, all of her right, title and interest in and to a certain pwwl of teal property, situate in Dade County, Florida, more particulariy described in Exhibit A attached hereto. The Dade County Property Tax Assessor's Identification Number for the property is 09- 4025-000.0430. This Deed is executed subject to all restrictions, easements and limitations of record and taxes for the year 1997. GRANTOR does hereby fully warrant title to said property and will defend the same against the lawful claims of all persons whomsoever. WITNESS the GRANTOR has caused this deed to be executed the day and year first written above at Umatilla, Florida. WITNESS: STATE OF FLORIDA) ss COUNTY OF ]age NVt;v'\ �y NAME: Oween Goldston THEN PERSONALLY APPEARED BEFORE ME. an officer duly authorised to administer oaths and accept acknowledgments within the State of Florida, Oween Goidston, who, o is well (mown to me; / P has produced a current Florida driver's license as adequate photographic identification, did execute the foregoing Warranty Deed before me and did acknowledge such execution as her free act and deed before me. c_k1 WITNESS MY HAND AND OFFICIAL SEAL this rd..t day of March, 1997 at�Umztiiia, Florida. r� :) a'AJ, '? 7'S Lc tis�gZ=- o7.�'f3��Y`F� AME:--------------------- O�TARY PUBLIC. STATE OF FLORIDA AT LARGE Commission of _ _ _ _ _ _ _ - Commission Expires: --- - --___ [tiCKLM AYO MY cowasw N 0 cc NM4 p0'IpE4: M 17.2000 mov HIOte undowam BAILEY 6 JONES V ,v REC:1762BP .4 o , EXHIBIT "A "• The South one-half (A) of the North on"aif (h) of the East on"aif 134 ) of the Northeast one - quarter l Y.) of the Southwest on"uarter ( Y'.1 of the Southwest on"uarter i A ) of Section 25, Township 54 South. Range 40 East: ANO the South twenty feet 1201) of the North on"aif 04) of the North one half (K) of the East oneinadf I%) of the Northeast on"uarter I A) of the the Southwest one-quarter I X 1 of the Southwest one- quarter I Y.) of Section 25. Township 54 South. Range 40 East: ad lying and being located in Dade Countv, Florida. � a �& SOCK REaCORO Vep M HARVEY RUVIN Ccali'K cmcwr comr D. LEGISLATIVE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED: These should be the districts in which the proposed project site is located If you are not sun of the district, contact your local office of the Supervisor of Elections. (Nazne) (District Number) State Senauar. Daryl Jones Senate District Number. 40 Start Represemative:Carl ns Lacasa House District Number. 117 E. Briefly describe the physical characteristics of the projem Include land resources, vegetation, fish and wildlife, historical, archaeological resources, and transportation access as well as other pertinent information. This 1.4 acre property was acquired by the City in 1997 for future development of an open space park. The property includes a coral rock house built in 1946. There is an abundance of native plant species, including a beautiful oak hammock that is home to numerous bird species. Additionally, a natural butterfly garden has developed through the years with native vines and flowering plants. The terrain is covered with tap -root outgrowth, protruding coral rock and overgrown plant material. The natural state of the property makes it a perfect site for nature -study trails and passive enjoyment. The 52 year old structure has historic value and would be ideal for renovation as a support facility providing bathrooms and nature learning centers for park visitors. at FIJY/I OLUINFOBAM7717N A. FRDAP Funds Requested B. Local Funds Available: 1. Cash: 2. In -Kind: Line B S, ; y; n r n Line C S 3. Land Value Line D S 4 5 r O G 0 If property is developed, land value can NOT be used as a snatch. Total Local Funds Available: C. Total Cost of Proposed Project: Line E S 10 0. G G O Sum of lines B, C and D Liao F S 200,000 Sum of Lines A and E 7Be Total Project Cost (Line F) must equal the grant request (Line A) plus the total local funds available (Line E). This figure (Lute P7 should not total more than 5200,000 for the purpose of this application D. Project Cost Estimate (COMPLETE ONLY FOR DEVELOPMENT PROJECTS): If land value is used as match, it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than ftfly percent of the total cost. Attach a separate sheet if needed. Remember to include each element in your conceptual site plan PRIMARY RECREATION AREAS AND FACIUTIES: Including, but not limited to, beach access, picnic facilities, fishing piers, ballfields. tennis courts bicycle trails etc. Costs of planning and site preparation should be included within the cost of each element. SUPPORT FACILITIES AND IMPROVEMENTS: Parking, restrooms landscaping, security lighting. and such other costs should be included under support cosh Costs of planning and site preparation should be included within the cost of each element. Amenities such as benches trash cans, utilities, water fountains or bike racks will receive no points when being scored Quantity QWMury De=puon Estimated Cost N $70,000 plants, planting additional native material and enhancing the existing E butterfly garden with additional appropriate plants. Also, restoration W of soil level to provide safer terrain, constructing nature trails, R Parking: Creating delineated space for parking that is compatible E with the serene nature of the park and the surrounding residential N neighborhood. O $10,000 neighborhood is residential and the park will close at dusk. Y Restrooms: Restoration of historic building to provide bathrooms $100,000 A and educational space. TotalSupport T $200,000 I O N S Total Primary S SUPPORT FACILITIES AND IMPROVEMENTS: Parking, restrooms landscaping, security lighting. and such other costs should be included under support cosh Costs of planning and site preparation should be included within the cost of each element. Amenities such as benches trash cans, utilities, water fountains or bike racks will receive no points when being scored Quantity Description Estimated Cost Landscaping: Clearing, pruning and trimming existing trees and $70,000 plants, planting additional native material and enhancing the existing butterfly garden with additional appropriate plants. Also, restoration of soil level to provide safer terrain, constructing nature trails, tagging plants to identify species and adding signage. Parking: Creating delineated space for parking that is compatible $20,000 with the serene nature of the park and the surrounding residential neighborhood. Security: Lighting — minimal lighting will be used. Surrounding $10,000 neighborhood is residential and the park will close at dusk. Restrooms: Restoration of historic building to provide bathrooms $100,000 and educational space. TotalSupport $200,000 TOTAL COST OF imnpncrr ° °r% rte " Pa T ll - f U1 f 1 N T IO X C R I T f R1A L AMBA1 fY INTIMBIMBIA 1. CAPITAL IMPROVEMENT PLAN A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3) fiscal years? (20 points) Yes x* No —OR— *The city : as no 5 -year Capital Improvement Plan B. Is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement plan or schedule and complete the project should it receive program funds? (10 points) X Yes No If "Yes, " provide a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan -- OR — a copy of a resolution amending the existing schedule to include the proposed project. 77w capital improvements schedule must clearly indicate the proposed project. Please highlight project name, amount and year. (Please tab as Exhibit "A "): L STATE COMPREHENSIVE OUTDOOR RECREATION PLAN A. Explain how the proposed project would address one or more of the issues or goals, as identified in the State Comprehensive Outdoor Recreation Plan. Use Chapter 9 in OV77?OOR RECRF.A770N IN FLORIDA -1994 (SCORP). Provide quotations or other appropriate references with explanations to justify the correlation. Use a separate sheet if necessary. (Please tab as Exhibit "B "): (4 points) • Conserve forests, wetlands, fish, marine life, and wildlife to maintain their environmental, economic, aesthetic, and recreational values. Expand state and local efforts to provide recreational opportunities to urban areas, including the development of activity -based parks. • Ensure that historic resources are taken into consideration in the planning of all capital programs and projects at all levels of government, and that such programs and projects are carred out in a manner which recognizes the preservation of historic resources. • Acquire and manage public lands to offer visitors and residents increased outdoor recreation exosrience. �R I C w�� yN�► Lars rMI V 8 1995 RFr 477M ATM INDEX BYREGION VIII Check applicant's region, then circle each priority �. resource/facility need proposed in the project which is included in the applicant's planning region: (7 points) I Bicycle Riding * Hag * Freshwater F' IR Horseback Riding * Freshwater Beach Activities o Boaz) Outdoor Swimming Pool Use II Freshwater Fishing (No Boaz) * Bicycle Riding III Bicycle Riding * Saltwater Fig (No Boaz) 1V Bicycle Riding * Visit Amhaeological/Historic Sites Saltwater Fishing (No Boat) * Freshwater Beach Activities Hiking *Horseback Riding * Freshwater Fishing (No Boaz) V Bicycle Riding * Saltwater Fishing (No Boat) VI Bicycle Riding * Hiking * Saltwater Fishing (No Boaz) Freshwater Beach Acclivities * Outdoor Swimming Pool Use iAk= X I ]a O O M04, VII Bicycle Riding * Horseback Riding VIII Bicycle Riding * Saltwater Beach Activities * Hikizig * Horseback Riding Hunting * Outdoor Swimming Pool Use lX Bicycle Riding * Freshwater Beach Activities * Nature Study * Hiking Horseback Riding * Hunting * Outdoor Swimming Pool Use * Shuffleboard X Bicycle Riding * Freshwater Fishing (No Boaz) * Hiking * Horseback Riding Suer Fishing (No Boat) * Freshwater Beach Activities * Outdoor Swimming Pool Use XI Horseback Riding ** * Hung * Freshwater Fishing (No Boaz) Freshwater Beach Activities * Teat Camping * Outdoor Swimming Pool Use FPS -An'i3 _ 3. PUBLIC PARTICIPATION Public Participation — Indicate which of the following apply (Check ALL that apply): A. An advertised public meeting was held solely for the purpose of discussing the proposed project. Attach a copy of proof of publicarron for the advertisement. Meeting must be for the SOLE PURPOSE of discussing the project proposed in the application. The advertisement should indicate that the purpose of the meeting is to discuss a FRDAP grant for this project site. (Please tab as "C -1 ") (10 points) B. The project was discussed at a regularly scheduled meeting of the applicant's advisory board responsible for park, region and leisure service. activities. Provide a copy of the agenda and/or minutes of the advisory board meeting(s) where this project was discussed The board must be an appointed group of citizens, such as a parks and recreation advisory board, who would normally review projects similar to the proposed grant application. Discussion must take place at a regularly scheduled meeting. Planning and zoning or similar boards may be used if a parks and recreation advisory board does not exist CITY OR COUNTY COMMISSIONS ARE NOT CONSIDERED ADVISORY BOARDS (Please tab as Exhibit "C -2") (7 points) C. Public input on the proposed proj= was obtained through presentations to COUit"MurV orgar2l tirmt, neighborhood associations andlor a written opinion survey. Provide documentation (agenda, minutes or thank you letter) showing that presentations regarding this project were made to community organizations or groups OR provide a copy of the survey instrument, a summary of the results and explain how the results relate to the proposed project. (Please tab as Exhibit "C-3 ") (4 points) 4. OPERATION AND MAINTENANCE Capability to develop, operate and maintain the project site: (Please check ONLY one): _K The applicant has a full -time recreation or park department staffed to provide facility development, programming and maintenw= capabilities. If this option is selected, please provide a copy of an agency organizational chart. DEP reserves the right to request position descriptions if questions arise. (Please tab as Exhibit "D "). (6 points) The applicant has demonstrated the existence of a full -time ability to provide facility development, programming and maintenance capabilities. If this option is selected please explain on a separate sheet. (Please tab as Exhibit "D "). (4 points) The applicant has other means of providing facility development, programming and maintenance capabilities. If this option is selected please explain on a separate sheet. (Please tab as Exhibit "D "). (2 points) S. PARK PARTNERSHIP The proposed project is supported through a written cooperative agreement between the applicant and a private or public entity in which said entity agrees to famish 10% or more of the cash, land, or labor services for the project with the applicant holding the leading management responsibility. Yes No If "Yes" please submit a copy of the cooperative agreement. Written agreement must be executed by the end of the submission period. (Please tab as Exhibit "E ") (3 points) A BMIOPAFfkl'CBIYBM rC# PIMBXIYfBBBZM#PNfkTtvBOIECM 1. NEW DEVELOPMENT List the existing facilities /improvements on the project site. Include such improvements as baseball/sojtball fields, basketball courts, trails, boat ramps, etc. (Bullet lists are encouraged) (5 points) • 1800 square foot structure built in 1946, requiring extensive renovation • Abundance of native plants and trees 2. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEVELOPMENT FACILITY NEEDS IN THE STATE OF FLORIDA A. List the facilities which are addressed on page 5 of this application which are identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant's population density as set forth in the Department's study entitled "Iafrasuu=, Assessment of Local Government Ramon and Paris Development facility Needs in the State of Florida", effective date December 1995. (See attached pages 12 -19 for Prionry Ranked Index Clusters A project facility not listed in the priority ranked indexes will receive a score o f a similar facility included in the indexes, as determined by the Department staf) (Maximum 30 points) Restrooms (Cluster 1) Support Facilities (Cluster 1) Historical Facilities (Cluster VI) Nature Trails (Cluster V) RESOLUTION NO. 211 -96 -9965 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH OWEEN GOLDSTON TO PURCHASE THE PROPERTY AT 6820 SW 64TH AVENUE FOR THE PURPOSE OF ESTABLISHING A PUBLIC PARK FOR THE USE OF RESIDENTS. PURCHASE PRICE HAS BEEN SET AT $ 225,000.00, WITH AN INITIAL PAYMENT OF $ 100,000.00. THIS EXPENDITURE IS TO BE DRAWN FROM ACCOUNT NUMBER 001 - 0000 - 133.10 -70, DUE FROM FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM. WHEREAS, the Commission authorized the City Manager to negotiate the purchase of the property at 6820 SW 64th Avenue for the purpose of establishing an open space park; and WHEREAS, the City of South Miami has been awarded a grant in the amount of $ 100,000.00 from the Florida Recreation Development Assistance Program toward the purchase of this property for an open space park; and WHEREAS, a purchase price and process has been established to initiate closing procedures; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: sec ion T The City Commission approves the expenditure of $100,000.00 from Account # 001 -0000- 133.10 -70, for the initial payment toward purchase of this property, these funds are to be reimbursed from the Florida Recreation Development Assistance Program. Section TT The City Commission approves five equal payments of $ 23,500.00 plus 5% interest beginning on the anniversary of the closing to complete the purchase of this property. section This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 2nd day of December, 1996. ATT 'ej CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MIMISSION VOTE: 5 -0 Mayor Cunningham: Yea Vice Mayor Robaina: Yea- Commissioner Price: Yea Commissioner Bethel: Yea Commissioner Young: Yea �o If 4 0 0 N� m n -o Cn 90 M CD CD 0 0• v CD CD 3 City of South Miami Police Department INTER - OFFICE MEMORANDUM To: Mayor and City Commission Date: October 1, 1998 From: Mr. Charles Scurr Re: Agenda Item # _ City Manager Comm. Mtg. October 20, -19'98 Upgrade purchase and maintenance; Access Control System The South Miami Police Department and City Hall have established security for both buildings for the safety and security of it's members. Currently the system is not properly working to provide the same security as in the past and the system is not year 2000 compliant. The upgrade of the access control system and the maintenance of said system will ensure the system performs optimally. The South Miami Police Department is requesting to purchase, an upgrade for the access control system, at a cost of $4,085 (lowest bid price) from Florida State Fire & Security as well as the maintenance agreement, at a cost of $3,240, also from Florida State Fire & Security. Total payment of $7,325 of which $4,085 will be from account 1910 -521 -4630 (Communications Equipment) and $3,240 will be from account 1910 -521 -3450 (Contractual Services). I recommend approval of this expenditure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $4,085 TO FLORIDA STATE FIRE & SECURITY, INC. FOR THE UPGRADE OF HARDWARE AND SOFTWARE FOR THE EXISTING ACCESS CONTROL SYSTEM OF THE POLICE DEPARTMENT AND CITY HALL AND CHARGE THE FUNDS TO ACCOUNT #1910 -521- -4630, COMMUNICATIONS EQUIPMENT; AUTHORIZING THE CITY MANAGER TO DISBURSE A SUM NOT TO EXCEED $3,240 TO FLORIDA STATE FIRE & SECURITY, INC. FOR THE MAINTENANCE OF SAID SYSTEM FOR A PERIOD OF ONE YEAR AND CHARGE THE FUNDS TO ACCOUNT # 1910 - 521 -3450, CONTRACTUAL SERVICES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS NECESSARY TO INITIATE AND FULFILL THE CONTRACT. WHEREAS, the South Miami Police Department and City Hall have established security for both buildings for the safety and security of it's members; and WHEREAS, the current system in place is not year 2000 compliant, and WHEREAS, the current system is not properly working to provide the same security as in the past, and WHEREAS, the upgrade of this system and the maintenance agreement will create year 2000 compliance and will ensure the system performs optimally, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. THE CITY MANAGER IS AUTHORIZED TO DISBURSE AN AMOUNT NOT TO EXCEED $4,085 TO FLORIDA STATE FIRE & SECURITY, INC. FROM ACCOUNT 1910- 521 -4630, COMMUNICATIONS EQUIPMENT; AND THE CITY MANAGER IS AUTHORIZED TO DISBURSE AN AMOUNT NOT TO EXCEED $3,240, TO FLORIDA STATE FIRE & SECURITY, INC. FROM ACCOUNT 1910 -521 -3450, CONTRACTUAL SERVICES. 1 2 3 Section 2. The Resolution 4 immediately after the adoption hereof. 5 6 7 8 PASSED AND ADOPTED this day of 9 10 11 ATTEST: APPROVED: 12 13 14 15 CITY CLERK MAYOR 16 17 18 READ AND APPROVED AS TO FORM: 19 20 21 22 CITY ATTORNEY 23 24 25 be effective ISF7 FLORIDA STATE FIRE & SECURITY, INC. PROTECTING PEOPLE - PROTECTING PROPERTY Lisa Corbin South Miami Police Department 6130 SW 72nd St. Miami, FL July 27, 1998 Dear Ms Corbin: I appreciate the confidence you have shown our company by asking us to bid the Year 2000 Compliant Upgrade for your access control system. As per your request, we are happy to provide you with our proposal for the software, firmware and programming involved with this project. I feel we have put together a proposal which will meet your initial security needs and will give you a detailed description of the system, its components and its capabilities. I would like to thank you for this opportunity and remind you at Florida State Fire & Security, service is our top priority. 3921 S.W. 47TH AVENUE, SUITE 1004 - DAv1E, FLORIDA 33314 - STATE LICENSED & INSURED - EF0001063 DADE (30S) 6S 1 -8122 - BROWARD (9S4) 791 -1313 - BOCA / PALM BEACH (S61) 8S2 -1330 - FAx (9S4) 791 -0688 TABLE OF CONTENTS Florida State Fire & Security Introduction Letter by Don Langberg, President Scope of Work Proposed Proposal with Equipment List and Costs Contract Terms and Conditions Service and Service Agreement Training References Equipment Specification Sheets Section I Section II Section III Section IV Section V Section VI Section VII Section VIII INTRODUCTION BY DON LANGBERG President, Florida State Fire & Security I am writing to introduce myself and my company, Florida State Flue & Security. As you are aware, in today's society, it has become necessary to protect ourselves, our employees and our company assets against the threat, and subsequent losses caused by fire, theft, acts of violence, vandalism and other dangers. You have been given the responsibility to be aware of, and implement, all possible preventative measures to help limit these losses and avoid possible litigation. It is our responsibility at Florida State Fire & Security to help keep you aware, and up to date, on all the latest equipment and procedures available to help you meet your goals in this field. Florida State Fire & Security is a state licensed, UL certified, systems integration design, installing and servicing dealer. We are a Notifier Fire alarm installer / distributor, an Identicard Access Control business partner, Sensormatic installing dealer, with factory trained technicians capable of installing and servicing any fire alarm, closed circuit television (CCTV), intercom, telephone entry, parking control, gate operator and burglar alarm system. With more then twenty -six (26) in house technicians, and twenty -five (25) trucks, we are truly an integrated systems company. Florida State Fire & Security brings a unique blend of systems design and sales, installation and service to our clients. All installations and service are performed by our in house staff, never relying on subcontractors. With our radio dispatched service trucks, we can provide two -hour emergency response when needed, twenty -four hours a day, seven days a week, 365 days a year. We welcome the opportunity to meet with you, at your earliest convenience, to discuss your current and future needs, and how Florida State Fire & Security can best meet these specific needs. Sincerely, Don Langberg President SCOPE OF WORD ACCESS CONTROL SYSTEM: This project involves the installation of software and firmware to upgrade your existing access control system to meet year 2000 requirements. The firmware upgrade is relatively simple with the changing of one firmware chip in each of the two Sensormatic Software House apC access control panels located in the hallway drop ceiling behind the control room. The software upgrade will be a much more time consuming procedure then the chip change. This will involve the installation of new Sensormatic Software House C *Cure 750 software on a PC computer supplied by The South Miami Police Department using a Windows 95 operating system. The computer must meet the enclosed Sensormatic specifications to be supported by Sensormatic. As an option, Florida State Fire & Security has included the cost if The South Miami Police Department prefers Florida State Fire & Security to supply the computer as part of our upgrade. After the software is installed, Florida State Fire & Security will provide up to eight hours of programming of the system and up to an additional eight (8) hours of training to The South Miami Police Department selected personnel. All sixteen Hughes proximity card readers, apC panels and access cards will remain the same. EXCEPTIONS: To be provided by The South Miami Police Department 1. A Pentium PC Computer with Windows 95 meeting the enclosed specifications 2. All access control card readers and cards (already in place) 3. All door hardware (already in place) 4. Two apC access control panels (already in place) FLORIDA STATE FIRE & SECURITYy INC. PROTECTING PEOPLE • PROTECTING PROPERTY r s F "-7 cQUIPMEN I LIST AND COSTS Date: July 27, 1998 Estimate Number. FSFS -263GP We are pleased to submit the following cost estimate: Job Description: Installation of Access Control Year 2000 Upgrades MATERIALS QUANTITY DESCRIPTION PRICE TOTAL 1 Software House C *Cure 750 Software Package m 2 a C Firmware Chips 9 1 RS-485 to RS -232 Converter Total Equipment Cost: 1,285.00 3.5° Floppy Disk Drive CD ROM Disk Drive ALL Programming as Needed (Up to eight Hours $500.00 ALL Training as Needed (Up to eight Hours $500.00 Color Monitor Estimate Totat $2,285.00 lIIJlId01.1 QUANTITY DESCRIPTION PRICE TOTAL 1 Pentium PC Computer with the following: 300Mhz Processor 4.0 Gigabyte Hard Drive 32 Megabytes of RAM 3.5° Floppy Disk Drive CD ROM Disk Drive 33.6 Internal Modem Sound Card Color Monitor Ink Jet Printer for Reports All installation and set up as needed PLUS ALL APPLICABLE SALES TAX Options Total. AND PERMIT FEES Total estimate 1 $1,800.00 $4,085.00 3921 S.W. 47TH AVENUE, SUITE 1004 • DAv1E, FLORIDA 33314 • STATE LICENSED U INSURED • EF0001063 DADE (305) 651 -8122 • BROwARD (954) 791 -1313 • BOCA / PALM BEACH (561) 852 -1330 • FAX (954) 791 -0688 TERMS AND CONDITIONS TITLE Title to the entire system and its components /parts is to remain with Florida State Fire & Security (FSFS) until the full purchase price is paid. Failure to pay the purchase price when due (or any installment when due) shall give FSFS the right, without liability, to repossess the system with or without notice and to avail itself of any legal remedy. RISK OF LOSS After delivery, all risks of loss or damage shall be on the part of the Purchaser DELIVERY AND INSTALLATION Purchaser shall make access available to the place of installation and, in addition, provide suitable storage space and work area during the period of installation. WARRANTY Commencing on the date of completion of system installation and initial programming (when necessary), FSFS guarantees to provide all parts and labor free of charge for a period of one (1) year provided that parts and components to be replaced are found to be defective from normal use.* This warranty is contingent upon proper use of the equipment and does not cover equipment which has been tampered with or modified without FSFS's written approval or which has been subject to unusual physical or electrical stress, other then ordinary use. FSFS shall not be responsible for failure or delay to provide service or parts due to causes beyond its control. * Acts of God, abuse of equipment, vandalism and theft of equipment are not considered normal conditions. PROJECT MANAGEMENT FSFS personnel will supervise the installation during its entire progress as required Owner participation will be solicited in the formulation of the original operating software to assure proper operation. An acceptance test, mutually agreed upon, will be performed and passed prior to final customer acceptance. LIMITATION OF LIABILITY The foregoing warranties are in lieu of the implied warranties or merchantability and fitness for a particular purpose. The Purchaser further agrees that FSFS will not be liable for any lost profits, or any claim or demand against the Purchaser by any other party. In no event will FSFS be liable for consequential damages even if FSFS has been advised of the possibility of such damages caused by or resulting to Purchaser's building, systems or contents due to or arising from the use of the system sold hereunder. ASSIGNMENT This Agreement is not assignable without written permission from FSFS; any attempt to assign any rights, duties or obligations which arise under this Agreement without such permission shall be void. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supercedes all quotations, oral or written, and all other communications between the parties relating to the subject of this Agreement. SEVERABILITY If any provision or provisions of the Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. MODIFICATION This agreement may be changed in writing only, executed on behalf of FSFS and of the Purchaser. The term "this Agreement" used herein includes any applicable attached Schedule or supplement or Purchase Order accepting a proposal, or fixture written amendment made in accordance herewith. SCHEDULE OF PAYMENTS 50% Deposit with signed agreement or Purchase Order* Balance due upon completion of installation and acceptance by Owner *No work will begin until deposit is received, unless other arrangements are made. SERVICE Florida State Fire and Security provides service during our normal business hours of 8:30AM until 5:OOPM Monday through Friday, excluding holidays. Emergency service is available on a 24 hour a day basis at an additional charge of time and a half, except during the warranty period where emergency service will be billed at the preferred rate of $50.00 per hour. All service calls will be responded to within 24 hours from time of receipt of call. Service calls will be handled on a first in, first serviced basis, with emergency calls taking priority over non - emergency situations. SERVICE AGREEMENT A service / maintenance contract is available after the warranty period expires. This agreement will include all parts and labor and will be priced at 10% per year of the original installation cost, increasing 1% per year after the first contract year (ie: 11% the second contract year, etc). This will be determined by the cost of the new installation only, however will include the existing equipment. If you prefer, Florida State Fire and Security will offer an extended warranty including all labor with parts billed at cost plus 20 %. This agreement will be priced at 7% per year of the original installation cost, increasing 1% per year after the first contract year. This will also be determined by the cost of the new installation only, however will include the existing equipment. FLORIDA STATE FIRE & SECURITY, INC. PROTECTING PEOPLE • PROTECTING PROPERTY ♦`, S F �Jl Access Control System Service and Maintenance Agreement POLICE DEPARTMENT City of South Miami PROPOSAL: Florida State Fire & Security. (hereinafter FSFS ) will provide all parts and service for the access control equipment (hereinafter The System) for The City of South Miami Police Department. This agreement will encompass the equipment throughout the Police Department and City Hall Buildings located at 6130 Sunset Drive South Miami, Florida. (See the list of equipment at the end of this agreement). 1. FSFS will promptly provide all materials and labor necessary to maintain THE SYSTEM at The City of South Miami Police Department. FSFS will provide such service necessitated by product failure during normal use. Service will be provided on the same day, whenever possible, if the service call is received by FSFS before 10:00 a.m. Otherwise, service will be provided by 5:OOPM on the day following the day the service call is received by FSFS. Service provided by FSFS will be to bring equipment to a City of South Miami Police Department acceptable operating condition. When possible, service will be dispatched on a Priority basis. This will be provided 24 Hours a Day, including 2 -Hour Emergency Response. 2. FSFS will institute a SCHEDULED PREVENTATIVE MAINTENANCE PROGRAM to effectively keep the system operation at optimum performance. Preventative maintenance will include, but not limited to checking all readers, cleaning read heads where needed, checking all electric locks and adjusting where needed. Scheduled service will be at a frequency of at least every six months. The first service will be performed within one month of payment of the quarterly fee. 3. FSFS will offer the City of South Miami Police Department a "Preferred rate" for services not covered by this agreement and for installations of newly purchased equipment, during normal business hours previously of 8:30A,M until 5:OOPM Monday through Friday $ 50.00 PER HOUR PER TECHNICIAN TIME AND ONE HALF FOR OVERTIME 3921 S.W. 47TH AVENUE, SUITE 1004 • DAv1E, FLORIbA 33314 • STATE LICENSED & INSURED • EF0001063 DADE (305) 651 -8122 • BROwARD (954) 791 -1313 • BOCA / PALM BEACH (561) 852 -1330 • FAx (954) 791 -0688 4. FSFS will provide a 24 HOUR EMERGENCY number and in case of emergency will respond within 2 hours of an emergency call. (No additional cost ). 5. FSFS will provide a "certificate of insurance" with a carrier acceptable to The City of South Miami Police Department, providing liability coverage of $ 2,000,000.00. 6. The initial term of this agreement shall begin on 1998 and end on . The City of South Miami Police Department may elect to renew this agreement for an additional one (1) year term(s) by giving FSFS notice of its intent to renew within thirty (30) days of the expiration of the then current term. Either party may cancel this agreement at any time by giving the other party (30) days' written notice. 7. This service contract does not cover training due to employee changes at The City of South Miami Police Department, acts of God, vandalism, theft or customer induced problems. 8. The City of South Miami Police Department will receive first priority service in the event of a natural disaster. This is defined as the first service call FSFS is capable of scheduling after the disaster, there is no guarantee on when FSFS will be on site at The City of South Miami Police Department. 9. Upon acceptance of this service agreement, Florida State Fire & Security will perform a complete inspection of all system components and parts to be covered under this agreement at not cost to The City of South Miami Police Department. Any components found not to meet manufacturer's specifications and /or not functioning properly, will be repaired or replaced at the expense of The City of South Miami Police Department. This agreement will begin only after all repairs or replacements are complete, or the nonfunctioning equipment is noted as such and not included with this agreement. 2 We herewith furnish the following quotation for the above services, BASED UPON A ONE -YEAR SERVICE AGREEMENT: FOR ALL PARTS AND LABOR SERVICES $270.00 ri li o Hundred — Severe olar PER MONTH, PLUS ALL APPLICABLE SALES TAX, PAYABLE QUARTERLY IN ADVANCE. IN THE EVENT THIS AGREEMENT IS CANCELLED PURSUANT TO PARAGRAPH 6 ABOVE, THE CITY OF SOUTH MIAMI POLICE DEPARTMENT SHALL BE ENTITLED TO A PRO -RATA REFUND OF ANY UNUSED MONTHLY FEES FOLLOWING THE DATE OF CANCELLATION. Florida State Fire & Security Signature Printed Name Title Date 3 The City of South Miami Police Department Signature Printed Name Title Date EQUIPMENT LIST uanti Description 2 Sensormatic Software House apC Access Control Panels 2 Sensormatic apC Star Coupler Boards 16 HID Proximity Card Readers 16 Sensormatic RM -4 Card Reader Interface Boards 16 Electric Door Strikes and /or Electric Magnetic Locks 16 Magnetic Door Contacts 16 Request to Exit Devices (Motion Detectors or Buttons) 1 Master Power Supply for Electric Locks with Batteries 1 Aiphone Intercom System ALL Associated Equipment Not Listed Above 4 1111:7 :��ii►t!'� As part of any installation, as well as our full service commitment to you, Florida State Fire and Security will meet with your key personnel at the completion of the installation to instruct them on the use of the system. Additionally, Florida State Fire and Security will provide free phone support on the use the system. All manufactures' installation material and owners manuals will be supplied to you, upon request, for your safe keeping should you require further explanation regarding the use of your new security system. "rSF'6-11 FL®RIDA STATE FIRE & SECURITY, INC. PROTECTING PEOPLE • PROTECTING PROPERTY The following is a list of some of our clients that we have performed, or are currently performing systems installations. Please feel free to contact them in regard to FSFS. Applied Card Systems (561) 995 -8820 Attn: John Vignola 1000 Yamato Road Building 5 Boca Raton, FL 33481 Andrx Pharmaceuticals (954) 327 -4422 Attn: Juan Sanchez 4001 SW 47th Avenue Davie, FL 33314 Barton Protective Services (561) 395 -7551 Attn: Nick Taraborelli 7000 W. Palmetto Park Road Boca Raton, FL 33433 Broward Marine Attn: Mike Arel Fort Lauderdale, FL BCC Attn: Jack Morrison 3501 SW Davie Road Davie, FL 33432 Carlton Condominium 901 East Camino Real Boca Raton, FL 33432 Seminole Tribe Of Florida Mr. Roy Diamond 6300 Stirling Road Hollywood, FL 33024 (954) 522 -1701 (954) 475 -6977 (561) 395 -6311 (954) 967 -3453 3921 S.W. 47TH AVENUE, SUITE 1004 . DAvIE, FLORIDA 33314 . STATE LICENSED 8T INSURED • EF0001063 DADE (305) 651 -8122 • BROWARD (954) 791 -1313 • BOCA / PALM BEACH (561) 852 -1330 • FAx (954) 791 -0688 'pSF17 FLORIDA STATE FIRE & SECURITY, INC. PROTECTING PEOPLE - PROTECTING PROPERTY The following is a list of some of the properties that we have performed, or are currently performing Life Safety work: Appliance T.V. Depot 688 -1000 Mr. Dipak Patel Maison Grande 865 -4247 11400 N.W. 32nd Avenue Board of Directors Miami, Florida 33167 6039 Collins Avenue Miami Beach, Florida 33160 Coronado Condominium 931 -5900 Mr. Manny Grossman Miami Job Corps. 626 -7809 20301 West Country Club Drive Mr. Jose Rodriguez Aventura, Florida 33180 3050 N.W. 183rd Street Miami, Florida 33056 Days Inn North Beach 866 -1631 Mr. Martin Rosado Palm Bay Yacht Club 757 -3500 7450 Ocean Terrace Mr. Victor Sala Miami Beach, Florida 33141 780 N.E. 69th Street Miami, Florida 33138 Days Inn Oceanside 673 -1513 4299 Collins Avenue Plaza Building 375 -8494 Miami Beach, Florida 33140 Ms. Lucrecia Serrano 245 S. E. 1st Street Doral Golf Resort & Spa 592-2000 Miami, Florida 33131 44400 N.W. 87th Avenue Miami, Florida 33,178 Royal Atlantic Condominium 672 -7945 Mr. Sid Schwartz Holiday Inn - Miami Springs 465 Ocean Drive 1111 S. Royal Poinciana Blvd Miami Beach, Florida 33139 Miami Springs, FL Shawnee Beach Resort 532 -3311 Imperial at Brickell 854 -4140 Ms. Sharone Tzalik Ms. Suzanne Frish 4343 Collins Avenue 1627 Brickell Avenue Miami Beach, FL Miami, Florida 33129 Shores Condo 893 -6741 Island House 361 -5451 Mr. Charles Mennes Mr. Arnold Castrillo 1700 N.E. 105th Street 200 Ocean Lane Miami Shores, Florida 33138 Key Biscayne, Florida 33149 Westin Hotel 535 -2040 La Gorce Palace 867 -1665 4833 Collins Avenue Mr. Rolando Torres Miami Beach, FL 33140 6301 Collins Ave. Miami Beach, FL 33141 Wilshire Condominium Assoc. 947 -1418 Mr. Norman Wallace Macy's Aventura 937 -5375 1250 N.E. Miami Gardens Drive 19535 Biscayne Boulevard North Miami Beach, Florida 33179 North Miami Beach, Florida 33180 3921 S.W. 47TH AVENUE, SUITE 1004 - DAv1E, FLORIDA 33314 - STATE LICENSED & INSURED - EF0001063 DADE (305) 651 -8122 - BROwARD (954) 791 -1313 - BocAI PALM BEACH (561) 852 -1330 - FAx (954) 791 -0688 ♦`SF'0-11 FL®RIDA STATE FIRE & SECURITYy INC. PROTECTING PEOPLE • PROTECTING PROPERTY The following is a list of some of the properties that we have performed, or are currently performing Life Safety Code work: Altantic Towers Corporation 525 -5900 Everglades House 525 -6392 Ms. Lori Wassman Mr. William Schneider Sunrise Towers 565 -2708 1920 South Ocean Drive Board of Directors 2000 South Ocean Drive 888 Intracoastal Drive Ft. Lauderdale, Florida 33316 Ft. Lauderdale, Florida 33304 Ft. Lauderdale, Florida 33316 Carlton Condo (561) 395 -6311 Hallandale Artificial Kidney 458 -3766 Board of Directors 9730 Stirling Road Ms. Susan Cohen Hollywood, Florida 33024 901 East Camino Real 230 South Dixie Highway Boca Raton, Florida 33432 Hallandale, Florida 33009 Claridge of Pompano 943 -1440 Holiday Inn Express 456 -8333 1340 South Ocean Boulevard Mr. Harry Patel Pompano Beach, Florida 33062 101 Ansin Boulevard Hallandale, Florida 33009 Club Royale of Boca Del Mar 368 -2359 Ms. Donna Cooper Marine Towers 463 -0333 6530 Boca Del Mar Drive 2500 East Las Olas Boulevard Boca Raton, Florida 33433 Ft. Lauderdale, Florida 33301 - Coastal Towers 493 -5070 Regency ,Tower South 564 -8554 Ms. Yvette Breen Mr. Bob Wertz 2400 East Commercial Boulevard 3750 Galt Ocean Mile Ft. Lauderdale, Florida 33308 Ft, Lauderdale, Florida 33308 Colony Point Circle 431 -0225 Runaway Bay 462 -0225 11500 Colony Point Drive Ms. Mitzi Phillips Pembroke Pines Florida 33026 1625 S E 10th A 3921 S.W. 47TH AVENUE, SUITE 1004 • DAME, FLORIDA 33314 • STATE LICENSED U INSURED • EFOOO1063 DADE (305) 651- 8122:::- BROWARD (954) 791 -1313 • BoCA / PALm BEACH (561) 852 -1330 • FAX (954) 791- 0688 venue Ft. Lauderdale, Florida 33316 Coral Ridge East 566 -4323 Mr. Lynn Farnham Sunrise Towers 565 -2708 3300 N.E. 36th Street Board of Directors Ft Lauderdale, Florida 33308 888 Intracoastal Drive Ft. Lauderdale, Florida 33304 Coral Ridge Towers 565 -2731 Mr. Herb Peterson Temple Beth Ahm Israel 431 -5100 3233 N.E. 34th Street Mr. Allan Ross Ft. Lauderdale, Florida 33308 9730 Stirling Road Hollywood, Florida 33024 DoubleTree Hotel Mr. William Cunningham 440 Seabreeze Boulevard Ft. Lauderdale, FL 33316 3921 S.W. 47TH AVENUE, SUITE 1004 • DAME, FLORIDA 33314 • STATE LICENSED U INSURED • EFOOO1063 DADE (305) 651- 8122:::- BROWARD (954) 791 -1313 • BoCA / PALm BEACH (561) 852 -1330 • FAX (954) 791- 0688 O ACCESS Sensormatic CONTROL DIVISION • Windows '95 compatible • Supports dial up communications for remote sites • Elevator control up to 16 elevators 112 floors • Anti- passback controlled by time or by in /out readers, 32 zones • Graphical map displays • Multiple card reader technologies ® Optional remote terminal for event monitoring ®16 fields per cardholder record including 4 user - defined fields 128 user - defined alarm messages ® 8 user - defined alarm priorities Comprehensive report facility with audit trail ® Up to 768 inputs and 640 outputs The XURE 750 v5.0 which can be run on Microsoft° Windows° 95 or Windows® 311 operating systems, provides an easy to use graphical user interface, as well as an enhanced report writer, remote guardstation terminal, dial up communications for up to 32 remote sites, user - defined card formats, graphic map displays for alarm monitoring and quick access to cardholder database from all points using pull down menus. Flexible system history reports can be based on any combination of events; the audit facility reports all operator activity; real - time screen reports are based on status of monitor points, control points, readers, outstanding alarms, and apC. Remote terminal displays all real time events using a split screen format to separate acknowledgeable events. Alarm breakthroughs ensure immediate notification of an alarm. Operator - acknowledged alarms are recorded with the time and operator name. All alarms and events are stored on hard disk, with up to a maximum of 200,000 transactions online at any one time. Anti - passback control reports pass - back, tailgate, and time violations. Microsoft Windows 95 enables the XURE 750 to run multiple functions simultaneously. Events can be monitored from one window, reports run in another window, and general cardholder maintenance can be performed in another window. In addition, other software applications can be run at the same time. C•CURE 750 SYSTEM PACKAGES • C•CURE 750 Basic System Includes a 486/SX -25 (or higher) CPU, 2 serial ports, 1 parallel port, color monitor, mouse, Microsoft DOS, Microsoft Windows 95, and C•CURE 750 system software. • C•CURE 750 XL Includes a 486/SX -25 (or higher) CPU, DigiBoard° (4 serial ports, 2 parallel ports), color monitor, mouse, Microsoft DOS, Microsoft Windows 95, and C•CURE 750 system software. Software is available unbundled. Hardware pur- chased must meet the minimum specifications below. SOFTWARE PERFORMANCE FEATURES • Automatic display of .BMP graphic maps • Quick access to cardholder database from all points using pull down menus • 9 -day week with two holiday schedules • 30 user - defined holidays • 128 user- defined action /alarm messages —two can be assigned to any alarm point • Any supervised reader or alarm input can be masked without affecting the continued monitoring of the device CAPACITIES 80486SX, 25 MHz Card readers ........................128 8 MB RAM Cardholders ......................20,000 120 MB Access levels .........128 (8 per cardholder) Time codes ...........127 (8 per cardholder) Time commands ..................... 128 Operator passwords ................... 32 Alarm /monitor inputs ....... 768 (512 general Windows ............ purpose, 256 door inputs) Output/control points ....... 512 (each can be assigned to a time command) Serial 1/0 ports .................... 2 to 4 apC ............... 32 (Up to 2 chains of 16) Note: Contact customer support for firmware requirements. Information furnished by Sensormatic is believed to be accurate. However, no responsibility is assumed by Sensormatic for its use, nor for any infringement of rights of third parties which may result from its use. Specifications subject to improvement or change without notice. apC and C•CURE are registered trademarks of Sensormatic. Microsoft and Windows 95 are registered trademarks of Microsoft Corporation. DigiBoard is a registered trademark of Digi International Inc. VT100 is a trademark of Digital Equipment Corporation. ©1996 Sensormatic Electronics Corporation Sample System Remote Terminal Configurations Port 3 R5485 Port 2 Convener (Ditea coaamq To apCs C•CURE 750 P C #18!832 o� apC #17 1 2 3 4••• 8 Combination Star and Bus Reader Configuration MINIMUM HARDWARE AND SOFTWARE REQUIREMENTS CPU Processor ............... 80486SX, 25 MHz Memory ...................... 8 MB RAM Hard Disk ....................... 120 MB Diskette Drives ............... 3.5 ", 1.44 MB 1/0 Bus .......................... ISA -16 Video Adapter ............... ISA VGA color DOS ........Microsoft DOS ver. 5.0 minimum (ver. 6.2 recommended) Windows ............ Microsoft Windows 95 Sentinel ........... Supplied by Sensormatic • Monitor Type .................... Analog VGA color Resolution ............ 640 pixels x 480 lines • Printers (Optional) Type .............Parallel impact dot matrix; 24 pin print head, 80 columns Print Speed ............180 cps bidirectional • Guardstation Terminal (Optional) Digital VT100r" or compatible terminal. �` Sensormatic ACCESS CONTROL DIVISION 70 Westview Street Lexington, Massachusetts 02173 (617) 466 -6660 Fax: (617) 466-9550 apC #1 1 ... g Bos Reader Coofiguration Port 1 (Diaiup) Host Modem Standard Dial up Li— to apCs #1-#16 0 apC #16 �l .. �g Star Reader Configuration Picture /Illustration #1 Picture /Illustration #2 Picture /Illustration #3 For more information, contact Sensormatic toll -free 1800 368 -7262. DS -005; 8/96 OCURE® 750 System •• eeeeeeseeoeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee• Access Control Security Management System Engineering Specification Sensormatic Access Control Division makes no representations or warranties with respect to the contents hereof and specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Further, Sensormatic Access Control Division reserves the right to revise this publication from time to time in the content hereof without the obligation to notify any person of any such revision or changes. NOTE: The specifier should carefully select the portions of this document that fit the intended application. Feel free to consult with Sensormatic Access Control Division regarding your particular application. Call Sensormatic Access Control Division at (617 )466 - 6660 for information and assistance. C • CURE 750 S, 1. System Overview .................... ............................... • The intent of this document is to specify the design criteria for an integrated access control and alarm monitoring system. The system shall be of a fully distributed system architecture, whereby all access control and event processing is undertaken by intelligent field panels. The system shall be capable of supporting multiple card reader technologies for access control, as well as alarm input devices and control outputs. The specific type(s) of devices shall be addressed in subsequent sections. The system shall be a multi - tasking, single -user system, capable of monitoring and displaying alarm inputs on continuous basis even if the operator is running another applications on the host computer. • The security system application software shall operate on a 80486SX, 25MHz MS- DOS compatible personal computer, running ning the Microsoft Windows 95 or Windows 3.11 operating system. • The system shall support up to 20,000 cardholders records, 128 card readers, up to 768 alarm inputs monitor points and 512 outputs/control points. • The system shall be provided with a comprehensive set of operator and configuration manuals. • The system shall be listed with Underwriters Laboratories (UL) in accordance with UL 294 (Access Control) and UL 1076 (Proprietary Burglar Alarm). 2. Description Of Work ee eeseeeeeeeseeeeeeeeeeeeeeeeee�eeeeeeeeeeeeeeeeeee • The Access Control System (ACS) shall manage the security operations for a single site or for multiple sites. Installing the ACS and bringing it to operational status requires the following major steps: • Determine operational requirements and plan system to implement them. • Select host computer site. Install and integrate Access Control, Alarm Monitoring, and related security hardware. • Configure local access panels and ACS host to communicate with one another. • Enter security system database. • Connect between host system, access panels, and related hardware. • Test security system communication and operation. • Train operators. 2 of 25 Sensormatic Access Control Division C • CURE 750 En tions i 3. Submittals .................... ............................... 3.1 Shop Drawings Provide complete shop drawings which include the following: • Indicate a 11 system device locations cn architectural floor plans. No other system(s) shall be included on these plans. • Include full schematic wiring information on these drawings for all devices. Wiring information shall include wiring riser, conductor routings, quantities, and connection details at devices. • Include a complete access control system one -line, block diagram. Include a statement of the system sequence of operation. 3.2 Product Data Provide complete product data which includes the following: • Manufacturer's data for all material and equipment, including terminal devices, local processors, computer equipment, access cards, and any other equipment provided as part of the ACS. A system description, including analysis and calculations used in sizing equipment required by the ACS. • Description to show how the equipment will operate as a system to meet the performance requirements of the ACS. The following information shall be supplied as a minimum: • Central processor configuration and memory size • Description of site equipment and its configuration • Protocol description • Rigid disk system size and configuration • Backup /archive system size and configuration • Start up operations • System expansion capability and method of implementation • System power requirements and UPS sizing • A description of the operating system and application software. Sensormatic Access Control Division 3 of 25 C • CURE 750 S, tions 3.3 Contract Close -out Submittals Provide three (3) bound sets of manuals including operating instructions, maintenance recommendations and parts list including wiring and connection diagrams modified to reflect as -built conditions. 3.4 Manuals Final copies of the manuals as specified bound in hardback, loose -leaf binders shall be delivered within thirty (30) days after completing the installation test. Each manual's contents shall be identified on the cover. The manual shall include names, addresses, and telephone numbers of each system integrator installing equipment and systems and the nearest service representatives for each item of equipment for each system. The manuals shall have a table of contents and tab sheets. Tab sheets shall be placed at the beginning of each chapter or section and at the beginning of each appendix. The final copies delivered after completion of the installation test shall include all modifications made during installation, checkout, and acceptance. The manuals shall contain the following: A. Functional Design Manual: The functional design manual shall identify the operational requirements for the system and explain the theory of operation, design philosophy, and specific functions. A description of hardware and software functions, interfaces, and requirements shall be included for all system operating modes. B. Hardware Manual: The manual shall describe all equipment furnished including: • General description and specifications Installation and check out procedures • Equipment layout and electrical schematics to the component level • System layout drawings and schematics • Alignment and calibration procedures • Manufacturer's repair parts list indicating sources of supply C. Software Manual: The software manual shall describe the functions of all software and shall include a 11 other information necessary to enable proper loading, testing, and operation. The manual shall include: • Definition of terms and functions • Use of system and applications software • Initialization, start up, and shut down • Alarm Reports 4 of 25 Sensormatic Access Control Division C • CURE 750 En tions D. Operator's Manual: The operator's manual shall fully explain all procedures and instructions for the operation of the system including: • Computers and peripherals • System start up and shut down procedures • Use of system, command, and applications software • Recovery and restart procedures • Graphic alarm presentation • Use of report generator and generation of reports • Data entry operator commands • Alarm messages and reprinting formats • System access requirements E. Maintenance Manual: . The maintenance manual shall include descriptions of maintenance for all equipment including inspection, periodic preventive maintenance, fault diagnosis, and repair or replacement of defective components. F. As -Built Drawings The Systems Integrator shall maintain a separate set of drawings, elementary diagrams, and wiring diagrams of the ACS to be used for record drawings. This set shall be accurately kept up to date by the Systems Integrator with all changes and additions to the ACS. In addition to being complete and accurate, this set of drawings shall be kept neat and shall not be used for installation purposes. Copies of the as -built drawings will be provided on diskette, AutoCAD (release 12 or later) .DWG format. 4. Spare Capacity ee reeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee • The system shall be designed and installed to allow a thirty (30) percent expansion of the system, without additional computer hardware and software. The system design shall support future expansion with minimal impact on overall system cost, system performance and disruption of the existing system. • Field panels shall be configured and installed to allow a thirty (30) percent expansion. Sensormatic Access Control Division 5 of 25 C • CURE 750 S, tem - - -'- - -- - _ - - - - - -- _ J — 5. Reliability & Quality Assurance .................... ............................... • The application software shall have been specifically designed for access control and alarm monitoring. All system components shall be produced by manufacturers who have been regularly engaged in the production of integrated security system components of similar types to be installed for at least five (5) years. • All system and application software shall be produced by manufacturers who have been regularly engaged in the production and development of integrated security system and application software of similar type and complexity as the specified system for at least five (5) years. • The system provided shall be of the manufacturer's latest released product. • Supply only new materials. Equipment shall be free of defects. • No single component of the system shall have a mean time between failure of less then five thousand (5000) hours. • All materials and equipment supplied shall be rated for continuous duty. • The system integrator shall have been regularly engaged in the installation and maintenance of integrated access control systems similar in size and scope to that outlined herein for a period of no less than five (5) years. • The system integrator shall supply information attesting to the fact that their firm is a competent factory trained service branch capable of maintaining the system with reasonable service time. • The system integrator shall provide a minimum of three (3) references whose systems are of similar complexity and have been installed and maintained by the installer in the last five (5) years. • There shall be a local representative and factory authorized local service organization which will carry a complete stock of parts and provide maintenance for these systems. • Local shall be defined as an area in a mile radius of 6. Warranty ................. ............. .......o....s..s..... • The Access Control System shall be warranted for at least 12 months from the date of system acceptance. • Extended warranty terms at reasonable rates shall be available from the installing systems integrator. 6 of 25 Sensormatic Access Control Division C • CURE 750 Engineering Specifications • The system integrator shall be the focal point of all service issues or questions (with the manufacturer's full support). 7. System Operator Requirements .................... ............................... • The system shall provide the operator with simple, English language text and self - prompting menus, through which the operator shall be able to handle all commands, transactions and reports. It shall be possible to assign English text names to system components, i.e. readers, monitor points, field panels, etc. such that the system operator does not need to remember naming schemes. The operator shall be able to use a mouse and/or function keys to navigate within a screen, for moving from one menu level to another and to facilitate the data entry tasks. The screens shall follow the Microsoft standards for the Windows user interface.. • It shall be possible to provide the system in French or Spanish, with the ability to easily translate the system into most any language. 8. Host Computer Specifications 0000000000000000000. 0000 ........................... • It shall be possible to use a standard "off-the-shelf" personal computer as the host computer system. The use of proprietary computer hardware should not be necessary in order to operate the security system hardware. • The host computer system shall, at a minimum, be an 80486SX, 25MHz personal computer, with a minimum of eight (8) megabytes of RAM for systems running Windows 3.11 or twenty (20) megabytes of RAM for systems ruining Windows 95, one (1) 120 megabyte hard disk, one (1) 3 1/2" floppy disk drive and one (1) 14 inch, VGA color monitor (640 x 480). • An 80 column 180 character per second bi- directional parallel printer shall be provided for printing alarm activity and/or system reports. • The host computer shall be configured with a minimum two (2) serial I/O ports set for RS-232 (or RS -485) communications and one parallel printer port. It shall be possible to expand the PC to include four (4) serial ports and two (2) parallel ports. • The host computer system shall be provided with a standard PC keyboard and mouse. A bus mouse is preferred, allowing the serial ports to be used for communications to field devices. • The PC operating system shall be MS -DOS version 5.0 or later (version 6.2 recommended) and Windows version 3.11 or Windows 95. • The system shall allow a second ANSI standard terminal (i.e. VT200 compatible) to be connected to a serial port an the PC and be used as an alarm monitoring station. Sensormatic Access Control Division 7 of 25 C • CURE 750 System Engineering Specifications • Manufacturer: Sensormatic Access Control Division C•CURE 750 System (version 5.0) or approved equal. 9. Host Software Capacities • One hundred twenty eight (128) card reader capacity. It must be possible to assign a thirty two (32) character user defined name to each card reader • Twenty thousand (20,000) access card holder record capacity • One hundred twenty eight (128) reader groups • One hundred twenty eight (128) access levels with up to (8) eight access levels per card holder record • One hundred twenty seven (127) time codes • Six (6) time intervals per time code. Each time interval shall have a user defined start and stop time on a given day or group of days. The system shall allow the creation of time intervals which span midnight. • Nine (9) day week with two (2) different holidays (type one and type two) that can be individually defined with specific time codes and time intervals. • Thirty (30) user - defined holidays (sixteen (16) character description) with two t:? different types of holidays. • One hundred twenty eight (128) time commands, each with a user- defined start and stop time. • Seven hundred sixty eight (768) alarm/monitor inputs. Two hundred fifty six (256) of the inputs shall be used for door position monitoring and Request to Exit devices. The five hundred twelve (512) general purpose alarm/monitor inputs shall be defined with up to a thirty two (32) character user - defined name. It shall be possible to use the time codes for the automatic arming /disarming of the alarm/monitor points. • One hundred twenty eight (128) user- defined actionlalarm messages of sixty (60) characters per message. Any two can be assigned to any alarm point. • One hundred twenty eight (128) auxiliary output relays, each with a thirty two (32) characters user - defined name. Each control point can be assigned to time commands. • Thirty two (32) operator passwords. • User defined keyboard time out. The system shall allow to system administrator to define a time -out period of 99 -999 seconds. If the keyboard is not used during this period of time, the system shall automatically log the operator off the workstation. • The system shall provide a thirty two (32) character user - defined system name header to the main menu to customize the system. 8 of 25 Sensormatic Access Control Division C* CURE 750 En • The system shall provide thirty two (32) anti- passback zones / areas comprising of an "in" reader and "out" reader. 10. Host Software Features • The system shall be capable of being automatically started when the computer system is rebooted. • The system shall contain an on -line help feature. The on -line help shall include full information, including screen displays, allowing the operator to perform functions without having to refer to hardcopy manuals. • The system shall be designed using pull down menus and other features to allow the operator to use a mouse and /or function keys to navigate within a screen, for moving from one command level to another and to facilitate the data entry tasks. • The system shall be multi- tasking such that when an operator is in a command, data entry directory or other Windows based application, it shall not be possible to miss an alarm. An interrupt and display shall indicate an alarm, event or, trouble at all times. While an event requiring operator acknowledgment is active, the system shall continue to activate the keyboard audible to call the operator's attention to the system event. • The system shall provide several windows which control separate system functions. The system shall allow the operator to simultaneously display and or all of the control windows provided by the system. The control windows include a system status window which will indicate, in real time, the following: • the number of inputs in alarm • the number of inputs masked • the number of inputs in trouble • the number of unacknowledged events • the number of field control panels off -line from the host • The host computer system shall have an on board clock chip that shall nm independent of the MS -DOS clock routine and provide an accurate date and time synchronization for all field control panels. • The system shall provide a complete audit trail facility to record commands issued by system operators, including but not limited to door lock/unlock, monitor point mask/unmask and control point set/reset. • The system shall provide the ability to back -up historical transaction information to a floppy disk for off -line archival. • The system shall provide modules which allow the backup and restoration of system configuration databases. Sensormatic Access Control Division 9 of 25 C • CURE 750 System Engineering Specifications 11. Access Control Features 000000000 fee* • 0000•• *00•••000•• *•••000000•••000000• • The system shall be of a fully distributed system architecture, whereby all access control processing is undertaken by intelligent field panels. • The system shall be capable of providing access control based upon the access privileges granted to the card holder. The system shall further provide elevator control and anti - passback control capabilities. • The system shall be capable of simultaneously supporting a variety of access card / card reader technologies and formats. 11.1 Access Card Formats • The system shall support multiple card technologies including magnetic stripe, Wiegand, and proximity. • The system shall include pre - defined card formats for both magnetic stripe and Wiegand card formats. The end user shall be able to edit the system defined card formats. • The system shall include a free form card format editor, to allow the end user to define non - standard card formats. The format editor shall allow the end user to define: • format name • technology used (magnetic or Wiegand) • overall length of encoded card data • encoded information fields, to include: • company code • site code • issue code • card number • parity even • parity odd • For each of the encoded information fields the user shall be able to define the start position within the encoded information, as well as the length of the data field. • For data fields which contain specific values, i.e., company and site codes, the system shall allow these values to be defined. Within the card format, the system shall allow four (4) values to be assigned to each field. • The card format shall allow a card to be read when the card is swiped through the reader in a reverse direction. • It shall be possible to allow the reverse card swipe to signal a duress signal to the system operator. This duress signal should not be evident at the reader location. 10 of 25 Sensormatic Access Control Division �I� C•CURE 750 • The system shall allow up to four (4) different card formats to each field panel. 11.2 Intelligent Field Panels • The system shall be capable of supporting up to thirty two (32) intelligent field panels. Each panel shall be capable of controlling up to eight (8) card readers. A two (2) door field panel will be acceptable in locations where there is no possibility of expansion. • The eight door field panel shall be capable of monitoring up to one hundred twenty eight (128) alarm points. One hundred twenty (120) of these alarm points shall be Class A supervised. • The eight door field panel shall be capable of controlling up to one hundred ninety six (196) Form C relays. • The two door field panels shall be capable of monitoring up to thirty six (36) Class A supervised alarm inputs and controlling thirty eight (38) Form C relays. • The system shall allow a system administrator to place the field panels on -line and off -line. • Communication with the intelligent field panels may be via hard wired connection, dial -up over standard telephone lines or both. • In the hard wired connection, the system shall support up to two (2) chains of sixteen (16) field panels per chain. The system shall allow both hardwired and dial up connects to panels on the same system. • The system shall employ a poll/response scenario to ensure the proper operation of the field panels. The poll/response should occur in a real time mariner for panels communicating via a hardwire connection. The poll/response checking should occur on a user defined periodic basis for devices operating in a dial up mode. • If a unit fails to properly respond to a poll from the host computer, the system shall generate a communications loss message to a system operator. • When a field panel returns from communications failure, the field panel shall automatically up load all off -line events to the host computer. The host computer shall automatically reload the field panel configuration information database to accommodate any database changes which may have occurred while the field panel was not in communication with the host computer. • The communications failure of one field panel shall not affect the communications with other field panels on the same chain. • In the dial up configuration, the system shall periodically dial the field panel, according to a user defined schedule. • Dial up communications to the apC shall be password controlled to prevent unauthorized downloading /uploading to the field panel. Sensormatic Access Control Division II of 25 C • CURE 750 • The field panel shall be programmed to call the host computer when specific alarms are activated or when the historical event buffer reaches a user defined threshold capacity level. • It shall be possible to assign up to four (4) different card formats to each field panel. • The panel should allow magnetic stripe, proximity, Wiegand card readers to be simultaneously connected to the panel. 11.3 Card Holder Record Database • The card holder record should contain sixteen (16) data entry fields, five (5) fields shall be used for user defined data. • Each of the user - defined fields shall have a sixteen (16) character user - defined name description. • The cardholder file shall contain the following fields: • thirty two (32) character name field • nine (9) character card number • nine (9) character serial number, i.e. embossed number on the card • Issue number from 0 through 9 • Card type descriptor [employee, contract, visitor, other] • eight (8) reader groups • eight (8) time codes • Card activation and deactivation dates [month, day, year and hour, minute, second] • six (6) character PIN # (user - defined from 1-6 digits) • twenty four (24) character user- defined field • twelve (12) character user- defined field • twenty (20) character user - defined field • nine (9) character user - defined field • two (2) floor groups for elevator control 11A Anti - passback • The system shall provide up to thirty two (32) anti- passback zones / areas comprising an "in" reader and "out" reader. • The system shall provides the means for detecting and reporting anti- passback violations based on the following criteria: • Passback Violation: use of an access card to gain entry into an area where the card is already logged as 'in'. • Tailgate Violation: cardholder attempts to exit an area illegally entered by "tailgating" another cardholder. 12 of 25 Sensormatic Access Control Division C • CURE 750 Engineering Specifications • Time Violation: cardholder attempts to gain entry into an area more than once during the specified time period. The system shall allow the reentry delay time period to be from 1 to 99,999,999 seconds. • A system operator shall be able to reset the anti - passback controls on access control cards, either individually or all cards. The resetting of the anti- passback shall allow the card holder one free passage through a card reader controlled door. 12. Operator Configuration bl bb//bbll b llbblbllblbbb /bllbb /bblbll /b•bb bbb /bllbb • The system shall prevent an operator from performing any command functions until the operator has entered a valid operator password. • The system shall allow a privileged system administrator to create system accounts for other system operators. • It shall be possible to assign an eight (8) character password to each system operator account. • It shall be possible to grant/deny an operator the ability to acknowledge system alarms. + The system shall allow the system administrator the ability to provide each operator with Access, View Only and No Access privileges for each system command. The privilege shall be defined on a command -by- command basis. 13. Monitor Point Configuration 0/09.0000000000b000000b000000000000000b00b00*000000 • The system shall allow the end user to assign a thirty two (32) character name to each alarm/monitor point. • The system shall allow the end user to define the field panel and point address for each alarm point. • The system shall allow a system administrator to set the time during which the alarm point will be monitored for alarm activation. • A system administrator shall be able to determine if the alarm point will require operator acknowledgment when the alarm point is activated. • The system shall allow the authorized system operator to determine the priority level associated with the alarm point. A minimum of nine (9) alarm priorities shall be available. The actions associated with the priority levels shall include, report event immediately, buffer until next scheduled communication (dial -up), and report to host computer for historical logging, but do not display on operator terminal. Sensormatic Access Control Division 13 of 25 C • CURE 750 S, • The system administrator shall be able to determine if a system operator may mask (shunt) an alarm point. The ability to mask an alarm point may be performed on an individual basis or on a group basis. • The system administrator shall be able to assign two (2) of the action text statements to each alarm point. The action text statements will be displayed to the system operator when the alarm point is activated. • The system shall allow a .BMP graphic to be associated with an alarm point. The system operator shall be able to view the associated graphic when the alarm point is activated. 14. Control Point Configuration .................... ............................... • The system shall allow the end user to assign a thirty two (32) character name to each control point. • The system shall allow the end user to define the field panel and point address for each control point. • The system administrator shall be able to determine if a system operator may set/reset the control point. The ability to settreset a control point may be performed on an individual basis or on a group basis. • The system shall allow the control point to be linked to other activities. These linkages should include: • link to reader door held open • link to reader door forced open • linked to monitor point activation • linked to field panel and /or reader tamper alarm • linked to field panel communication status. 15. Reader Door Configuration e. ee.. eee. ee•. ee.. eee .eee..eee.ee.eeee.eeeeeeee.eee • The system shall allow the end user to assign a thirty two (32) character name to each card reader. • The system shall allow the end user to define the field panel and point address for each card reader. • The system shall allow a system administrator to set the time during which the card reader will be activated and perform access control functions. • The system shall allow the system administrator to determine if the card reader will be used for elevator control. 14 of 25 Sensormatic Access Control Division C * CURE 750 Engineering Specifications • The system shall allow the reader to be configured to allow /disallow reading of access cards while the controlled door is in the open position. • The system shall allow card readers to be configured to require the entry of a Personal Identification Number (PIN) along with the presentation of the access card, before granting /denying access. • It shall be possible to control by time of day and day of the week, of a door by door basis, when PIN entry is required, such that during normal working hours, access is based upon presentation of the access credential, but after normal working hours, access is based upon presentation of the access credential and entry of the proper PIN code. • It shall be possible to configure a door with entry /exit card readers or a entry card reader and a request to exit device, such as a push button or motion detector. • It shall be possible to configure the system, on a door -by -door basis, such that activation of the request to exit device does not release the door locking mechanism. Upon activation of the request to exit device, the door position monitor point shall be shunted regardless of the operation of the door locking mechanism. • The system shall allow the system administrator to separately assign two (2) action text messages to door held open and door forced events. It shall be possible to determine if door held open and door forced open events are reported to the system operator. • It shall be possible to define the anti- passback regions which the card reader traverses. • The card reader shall have three (3) operational states: • Controlled - normal access control operation. The locking mechanism is engaged, the door position alarm point is armed and the presentation of a valid access card (and PIN) is required. • Unlocked - The locking mechanism is released, the door position alarm point is masked and passage is granted without requiring the presentation of an access card. • Locked - The locking mechanism is engaged, the door position alarm point is armed and the reader will ignore the presentation of access cards. • The system shall allow the system administrator to determine what information encoded on the access card will �be used for access control. It shall be possible to grant access based solely upon the company code, the facility code or the card number. • It shall be possible to set the door unlock time up to ninety nine (99) seconds. The system shall automatically re- engage the door locking mechanism upan the opening of the door. • It shall be possible to set the door held open time, separately from the door unlock time. The door held open time can be up to sixty thousand (60,000) seconds. • The system shall allow different priority levels to be set to each of the different alarm conditions available at a door. The various alarm conditions shall include: Sensormatic Access Control Division 15 of 25 C • CURE 750 System Engineering Specifications forced open, held open, reader tamper, reader off line, access granted, access denied, request to exit activation, and duress. 16. Reader Group Configuration .................... ............................... • The system shall contain up to one hundred twenty eight (128) reader groups. Reader groups shall be used for assigning access control privileges. • The system shall allow a door to be assigned to multiple reader groups. 17. General System Configuration eeeeeeeeeeeeeeeeeee . .............eee..ee..e.e.e.eee • To customize the system, the system shall allow a thirty two (32) character user - defined system name header to the main menu. • The system administrator shall have the ability to have the system display access granted messages as they occur. All access granted messages shall be logged to the historical journal regardless of the setting of this feature. • The system administrator shall have the ability to require the system operator acknowledge access denied conditions as they occur. • The system shall provide the option of printing each event as it occurs. • The system administrator shall be able to set a keyboard time -out period. If m keyboard activity occurs within the defined time period, the operator will be automatically logged off. The keyboard time out period shall be up to nine hundred ninety nine (999) seconds. • The Personal Identification Number (PIN) may be from one (1) to six (6) digits in length. • It shall be possible to set the system to not display the card number when displaying access control messages. • The system shall indicate the number of card holder records defined in the system. The system shall also indicate the number of available card holder records. • The system shall provide two date display formats: MM:DD:YY or DD:MM:YY. 18. Time Command Configuration o..ee.e.eeeeeeeee.. a .e.e.eeseee.ee.eee..ee.e.e..o.e • The system shall allow the system administrator to define up to one hundred twenty seven (127) time codes. Each time code shall consist of six (6) time periods. 16 of 25 Sensormatic Access Control Division C • CURE 750 EnEineering Specifications Each time period shall have a start time, end time and day(s) of the week, including two (2) holidays. • The time codes shall be used for access control as well as scheduled system actions, i.e. unlocking doors, masking of alarm points, setting control points, etc. • The system shall support one hundred twenty eight (128) time commands. Each time command shall include a time code, the system object (i.e., reader, monitor point, control point), as well as the starting and ending action. The associated actions shall include: • readers • monitor points • card access • mask monitor point • card & PIN access • unmask monitor point • company code access • mask monitor point • company code & PIN area access • unmask momitor point • facility code access area • facility code & PIN access • control points • lock door • pulse control point • unlock door • set control point • mask held open • reset control point • unmask held open • pulse control point area • mask forced open • set control point area • unmask forced open • reset control point area 19. Elevator Control .................... ............................... • The system shall provide the means to control access to selected floors through the use of card readers installed in the elevator cabs. The system shall have the capability of controlling from 1 to 16 elevators. • The system shall support controlling access for a total of one hundred twenty (120) floors. • Access privileges shall be determined by assigning up to two floor groups and two time codes to each cardholder. These parameters shall determine which floors can be accessed and the time period when the privileges are valid. • It shall be possible to assign a thirty two (32) character name to each floor. Sensormatic Access Control Division 17 of 25 Co CURE 750 S, tem 20. Area Status Display Screens • In addition to being able to determine the status of individual readers, monitor points and control points, the system shall provide status display screens which indicate the state of the various area configurations. • The alarm area status screen shall indicate, by area: • the number of points in access mode • the number of points in alarm • the number of points in supervisory trouble • he number of monitor points in masked mode. • The field panel status screen shall indicate, by field panel: • whether the panel is on -line • the communications status • the status of the cabinet tamper alarm point • the status of the power fail indicator alarm point. • The control point area status screen shall indicate, by area: • the number of control points in the on state • the number of control points in the off state. • The reader area status screen shall indicate, by area: • the number of readers in a forced open state • the number of readers in a held open state • the number of readers in tamper • the number of readers in access control mode • the number of readers in unlocked mode • the number of readers in a locked mode. • The system shall provide a summary listing of alarm points currently in alarm. 21. Alarm Monitoring Features 0 0 0 0 .0 0 0.0 00.00 ..... .....000000 *0000000.00......... • The system shall be multi- tasking such that when an operator is in a command, data entry directory or other Windows based application, it shall not be possible to miss an alarm. An interrupt and display shall indicate an alarm, event or, trouble at all times. While an event requiring operator acknowledgment is active, the system shall continue to activate the keyboard audible to call the operator's attention to the system event. • It shall be possible to mask any alarm input such that it will not report a change of state. This shall, however, not prevent the continued supervised monitoring of the 18 of 25 Sensormatic Access Control Division C•CURE 750 alarm circuit wiring (i.e. open circuit, shorted circuit), which shall still be reported during the "masked" state /time. • The ability to mask an alarm point shall be under both operator and time scheduled control. • There shall be eight (8) user - defined alarm priority levels. • All alarms and events shall be stored on hard disk which shall hold a maximum of two hundred thousand (200,000) transactions on -line at any one time. • In the case of an alarm occurring, the operator shall be required to acknowledge that alarm. The time of day and name of the operator acknowledging the alarm will then be recorded in the transaction log for future recall. • The system shall allow a second ANSI standard terminal (i.e. VT200 compatible) to be connected to a serial port on the PC and be used as an alarm monitoring station. 22. System Report Features .................... ............................... • The system shall be capable of producing reports based upon the system configuration database as well as historical system activity. • It shall be possible to generate the reports to the system terminal, system printer or a file on the system hard disk. • The user shall be able to define the file name when generating the report to the system hard disk. • Reports printed to a printer shall use the Windows Print Manager tool to allow the operator to direct the output to a selected printer. 22.1 Configuration Reports • The system shall be capable of producing reports of system configuration information including but not limited to: • Action text • apC configuration • apC phone numbers • Assigned card formats • Control points • Dial up configuration • Elevator floor groups • Elevator floor names • Holidays • Monitor points • Operator names • Port configurations • Readers • Reader groups • Security areas • Site configuration • Time codes • Time commands Sensormatic Access Control Division 19 of 25 • It shall be possible to generate the reports to the system terminal, system printer or a file on the system hard disk. The user shall be able to define the file name when generating the report to the system hard disk. 22.2 Historical Reports • The system shall provide the capability to generate history reports based on selected data on a real -time basis or from the system's historical files. The system's historical files shall maintain the most recent 200,000 transactions on -line for report selection. • The system shall allow retrieval of archived historical events for report purposes. • The system shall allow the . operator to set the time period for which the historical events report will be generated. The operator shall be able to enter a start time (MM/DD/YY HH:MM) and an end time (MM/DD/YY HH:MM). • Reports shall be selected from the following stored event types: • Access denied events • Access granted events • Monitor point events • Reader events • System events • apC status message events • The system shall allow filtering of the event types, such that the operator may report on only particular events. The operator shall be able to filter each event type using the following break down: • Access denied events • Anti - passback re -entry violation • Anti - passback tailgate violation • Card expired • Card misread • Card not activated • Card not downloaded to apC • Card not in apC database • Card not in host database • Denied - Duress • Incorrect PIN • Invalid access • Invalid floor selection • Timed Anti- passback violation • Unauthorized reader • Unauthorized time • Wrong company code • Wrong issue code • Wrong site code \_C • CURE 750 Engineering Specifications + Access granted events • Based upon company code . Door unlocked by operator only • Duress event • Based upon facility code • Elevator control event only • Based upon PIN entry only • No entry • Door unlocked by exit • Normal entry device • Monitor point events • Alarm • Secure from • Supervision error supervision error • Secure from alarm • Reader events • Forced open • Secure from held open • Help open • Secure from tamper • Reader tamper • Secure from • Reader off line reader off line • Secure from forced open • System events • apC communications error • Reader group download • apC download aborted completed • apC download completed • Reader group download started • apC download started . System power up • Alarm acknowledged • System disk error • History file almost full • Time code download • Modem connection aborted established • Time code download • Modem connection failed completed • Modem hang up failed • Time code • Reader group download download aborted started • apC status message • AC power failure • Communications failed • Buffer full • Hardware failure • Cabinet tamper • Illegal password attempt Sensormatic Access Control Division 21 of 25 C • CURE 750 Si • Off line • Secure from tamper • On line failure • Modem error • Secure from AC power failure • Power cycled • It shall be possible to individually select those readers for which activity will be included in the history report. • Management reports shall in no way affect the speed and/or flexibility of the system operation. • The system shall provide a complete audit trail facility to report on all commands (i.e. alarm mask, door unlock, etc.) issued by a system operator. The audit trail report shall indicate the operator's name, the command issued and the date /time the command was issued. • It shall be possible to generate the reports to the system terminal, system printer or a file on the system hard disk. The user shall be able to define the file name when generating the report to the system hard disk. 22.3 Card Bolder Record Reports • The system shall be capable of producing reports of card holder record information. • It shall be possible to generate the reports to the system terminal, system printer or a file on the system hard disk. The user shall be able to define the file name when generating the report to the system hard disk. • The system shall allow the operator to choose the fields in the card holder record which will be included in the report. • The system shall allow the operator to sort the card holder records in the report. The operator shall be able to sort based upon one of the following: • Card holder name • Card number • User defined field #1 • User defined field #2 • User defined field #3 • User defined field #4 23. Execution 23.1 Access Control System - Installation 22 of 25 Sensormatic Access Control Division C • CURE 750 Engineering Specifications A. General: • The Systems Integrator shall install all system components and appurtenances in accordance with the manufacturer's instructions, and shall furnish all necessary interconnections, services, and adjustments required for a complete and operable system as specified and shown. Control signal, communications, and data transmission line grounding shall be installed as necessary to preclude ground loops, noise, and surges from adversely affecting system operation. Provide mounting hardware as required. B. Installation: • All low voltage wiring outside the control console, cabinets, boxes, and similar enclosures, shall be plenum rated where required by code. Cable shall not be pulled into conduits or placed in raceways, compartments, outlet boxes, junction boxes, or similar fittings with other building wiring. C. Device Wiring and Communication Circuit Surge Protection: • All inputs shall be protected against surges induced on device wiring. Outputs shall be protected against surges induced on control and device wiring installed outdoors and as shown. All communications equipment shall be protected against surges induced on any communications circuit. All cables and conductors, except fiber optics, which serve as communications circuits from security console to field equipment, and between field equipment, shall have surge protection circuits installed at each end. D. Installation Location: • The maintainability and serviceability of the security system components shall be considered when selecting the locations for the installation of the main system components. The equipment shall be installed in locations agreed upon by the end user, such tat the equipment can be easily serviced with minimal disruption to the general public. 23.2 Training A. General: • The Systems Integrator shall conduct training courses for personnel designated by the owner. Training shall cover the maintenance and operation of the ACS. The training shall be oriented to the specific system being installed under this contract including central processor. Training manuals shall be delivered for each trainee with two additional copies delivered for archiving at the project site. The manuals shall include an agenda, defined objectives for each lesson, and a detailed description of the subject matter for each lesson. The Systems Integrator shall furnish audiovisual equipment and other training materials and supplies as necessary. Where the Systems Integrator presents portions of the course by audiovisual material, copies of the audiovisual material shall be delivered to the owner on the same media as that used during the training session. Up to hours of training shall be provided for in the base contract. Sensormatic Access Control Division 23 of 25 C • CURE 750 23.3 Testing A. General: • The Systems Integrator shall perform pre - delivery testing, site testing, and adjustment of the completed ACS. The Systems Integrator shall provide all personnel, equipment, instrumentation, and supplies necessary to perform all testing. Written notification of planned testing shall be given to the owner at least fourteen (14) days prior to the test, and in no case shall notice be given until after the Systems Integrator has received written approval of the specific test procedures. Test procedures shall explain in detail, step -by -step actions and expected results demonstrating compliance with the requirements of the specification. Test reports shall be used to document results of the tests. Reports shall be delivered to the owner within seven (7) days after completion of each test. B. Performance Verification Test. • The Systems Integrator shall demonstrate that the completed ACS complies with the contract requirements. Using approved test procedures, all physical and functional requirements of the project shall be demonstrated and shown. 22.4 Warranty, Maintenance, And Service A. Warranty. The ACS shall be warranted by the Systems Integrator for one (1) year from the date of final system acceptance. • Maintenance and Service: The Systems Integrator shall provide all services required and equipment necessary to maintain the entire ACS in an operational state as specified for a period of one (1) year after formal written acceptance of the system, and shall provide all necessary material required for performing scheduled adjustments or other nonscheduled work. • Description of Work: The adjustment and repair of ACS includes computer equipment, software updates, signal transmission equipment, access control equipment, facility interfaces, and support equipment. Responsibility shall be limited to Systems Integrator installed equipment. Provide the manufacturer's required adjustments and other work as necessary. • Personnel: Service: personnel shall be qualified to accomplish all work promptly and satisfactorily. The owner shall be advised in writing of the name of the designated service representative and of any change in personnel. • Inspections: The Systems Integrator shall perform two inspections at six (6) month intervals or more often if required by the manufacturers. This work shall be performed during regular working hours, Monday through Friday, excluding Federal holidays. These inspections shall include: 24 of 25 Sensormatic Access Control Division \ C • CURE 750 En • Visual checks and operational tests of the central processor, local processors, monitors, keyboards, system printers, peripheral equipment, ACS equipment, power supplies, and electrical and mechanical controls. • Clean system equipment, including interior and exterior surfaces. • Perform diagnostics on all equipment. • Check and calibrate each ACS device. • Run system software and correct diagnosed problems. • Resolve previous outstanding problems. B. Emergency Service: • The owner will initiate service calls when the ACS is not functioning properly. Qualified personnel shall be available to provide service to the complete ACS. The owner shall be furnished with the telephone number where the Systems Integrator's service supervisor can be reached at all times. Service personnel shall be at the site within four (4) hours after receiving a request for service. The ACS shall be restored to proper operating condition after one (1) calendar day. C. Software: • The Systems Integrator shall provide free software updates during the software maintenance period and verify operation in the system as required. These updates shall be accomplished in a timely manner, fully coordinated with the ACS operators, and shall be incorporated into the operations and maintenance manuals and software documentation. Sensormatic Access Control Division 25 of 25 City of South Miami INTER - OFFICE MEMORANDUM TO: Mayor and City Commission Date: October 15,1998 Agenda Item # FROM: Charles Scurr, Re: A g City Manager Comm. Mtg. 10/20/98 Collective Bargaining Agreement The purpose of this memorandum is to recommend Commission approval of the three year collective bargaining agreement with the Police Benevolent Association (PBA) for FY 1998 -99 through FY 2000 -2001. The Agreement contains a number of economic and non - economic issues. The major economic issues include: Annual Adjustment — The annual adjustment is 6.5% effective October 1, 1998; 4.0% effective October 1, 1999; and 3.5% effective October 1, 2000. Special Risk Duty Pay — Increased from the current $10 bi- weekly to $15 effective October 1, 1998; $20 effective October 1, 1999; and $25.00 effective October 1, 2000. Holiday — The addition of the Friday after Thanksgiving as a paid holiday. The Agreement also provides for either party to re -open negotiations in the future on several additional economic issues including the four day 10 hour workweek; take home vehicles; retirement; and family insurance. No commitments were made on any of these issues. There are a number of non - economic issues in the Agreement concerning areas such as off -duty work, promotional exams, etc. All of the major management needs were satisfactorily addressed. We will be pleased to provide any additional information you may need on these topics. The most significant issue is the annual wage adjustment of 6.5% for FY 1998 -99. Upgrading the salary base of the Police Department is very important to our ongoing efforts to recruit outstanding new officers and to retain our current high caliber force. The major expansion of the Department for the opening of the Shops at Sunset Place highlights this priority. Attached please find a copy of the agreement between the City of South Miami and the Police Benevolent Association, representing the Collective Bargaining Unit members of the Police Department. The Agreement was ratified by vote of the PBA on October 15, 1998. Funds sufficient for this Agreement are in the approved FY 1998 -99 Budget and are included in Non - Departmental General Contingency, Account 001 - 2100 -519 -9920. This agreement is a result of complex negotiations between the Police Department and the PBA. The agreement will provide a contractual base until September 30, 2001. Approval is recommended. CS /cm 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,, AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT WITH THE POLICE BENEVOLENT ASSOCIATION (HEREINAFTER PBA) FOR A COLLECTIVE BARGAINING AGREEMENT FOR THE PERIOD OCTOBER 1, 1998 TO SEPTEMBER 30, 2001. WHEREAS, on October 15, 1998 the Collective Bargaining Unit of the Police Department, represented by the PBA, ratified the collective Bargaining Agreement proposal of the City of South Miami for fiscal years 1999, 2000, 20011; and WHEREAS, it is the intent of the City of South Miami to continue the public safety services of the Police Department in a manner consistent with the high standards of service currently in effect: and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 That the Collective Bargaining Agreement between the City of South Miami and the PBA be accepted as ratified by the Collective Bargaining unit on October 15, 1998. action 2. That the city Manager is hereby authorized to sign the aforementioned collective Bargaining Agreement on behalf of the City of South Miami. Section 3. The resolution immediately after the adoption hereof PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of APPROVED: MAYOR be effective , 1998. COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF SOUTH MIAMI m DADE COUNTY POLICE BENEVOLENT ASSOCIATION 1998-1999 1999-2000 2000-2001 NO, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TABLE OF CONTENTS ARTICLE PAGE PREAMBLE 1 RECOGNITION 2 NON - DISCRIMINATION 3 DUES CHECKOFF 4 ASSOCIATION REPRESENTATIVES 5 SERVICES TO THE ASSOCIATION 6 PERSONNEL RECORDS 7 INTERNAL INVESTIGATIONS AND OBLIGATION TO THE PUBLIC 8 -12 SHIFTS 13 -16 VEHICLES AND SAFETY EQUIPMENT 17 PROMOTIONS 18 TRAINING 19 -20 GRIEVANCE AND ARBITRATION PROCEDURE 21 -26 HOLIDAYS 26 -27 SICK LEAVE 28 -30 FUNERAL LEAVE 31 LEAVE OF ABSENCE 32 VACATION LEAVE 33 -34 EXTRA -DUTY POLICE EMPLOYMENT 35 INSURANCE BENEFITS 36 HOURS OF WORK AND OVERTIME 37 -40 MANAGEMENT RIGHTS 41 -43 WORK STOPPAGES 44 -45 AWARDS 46 MILITARY LEAVE 47 -i - 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -i- AUTHORIZED USE OF PRIVATE AUTOMOBILE 39 BULLETIN BOARDS 40 SEVERABILITY CLAUSE 41 COMPENSATION 42 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS 43 UNIFORMS AND EQUIPMENT 4.4 -46 NON - PROMOTIONAL VACANCIES 47 PHYSICAL EXAMINATION AND WORKERS' COMPENSATION BENEFITS 48 -49 RETIREMENT BENEFITS 50 -52 EDUCATIONAL INCENTIVE 53 EMPLOYEE PREGNANCY/MATERNITY LEAVE 54 EMPLOYEE ASSISTANCE PROGRAM 55 PAGERS 56 ABOLISHMENT OF MERGER 57 AMERICANS WITH DISABILITIES ACT 58 TERMS OF AGREEMENT 59 PREAMBLE This agreement is entered into by the City of South Miami, Florida, hereinafter referred to as the "Employer" or the "City" and the Dade County Police Benevolent Association, Inc., hereinafter referred to as the "Association ", for the purpose of promoting harmonious relations between the Employer and the Association, to establish an orderly and prompt procedure for the resolution of grievances, to insure continuation of normal activities and departmental operations, to settle differences which might arise and to set forth .the basic and full agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employment. -1- ARTICLE 1 RECOGNITION The Employer hereby recognizes the Dade County Police Benevolent Association as the collective bargaining agent for all permanent full -time sworn police personnel of the rank of police officer, and police sergeant, including probationary employees, but excluding all other employees of the City of South N iami, including the Chief of Police, Police Captain, Police Lieutenants, and the Internal Affairs Sergeants. The parties hereto agree to jointly petition the Public Employees Relations Commission to clarify the bargaining unit by removing the reference to "Internal Affairs Sergeants" and by adding "Police Majors" to the list of excluded positions. - 2 - ARTICLE 2 NON - DISCRIMINATION There shall be no discrimination, interference, restraint, or coercion by the Employer or the Association against any employee because of Association membership or non - membership, or because of race, creed, color, sex, marital status or national origin. All reference to employees in this Agreement designate both sexes and wherever the male gender is used it shall be construed to include male and female employees. - 3 - ARTICLE 3 DUES CHECK -OFF Any member of the Association, who has submitted a properly executed dues authorization card or written statement to the City Manager or his designee in accordance with a format prescribed or approved by the City may, by request in writing have his membership dues in the Association deducted from his wages. Dues shall be deducted each bi- weekly pay period, and shall, thereafter, be transmitted to the Association. However, the City shall have no responsibility or any liability for any monies once sent to the Association, nor shall the City have any responsibility or any liability for the improper deduction of dues. Further, the Association shall hold the City harmless for non - intentional errors in the administration of the dues deduction system. It shall be the responsibility of the Association to notify the City Manager or his designee of any change in the amount of dues to be deducted at least thirty (30) days in advance of said change. Under no circumstances shall the City be required to deduct Association fines, penalties, or assessments from the wages of any member. Any member of the Association may, on thirty (30) days written notice to the City and the Association, request the City to cease deducting dues from his wages. Ir. W ARTICLE 4 ASSOCIATION REPRESENTATIVES 1. Two members of the Association shall be allowed to attend bargaining sessions for the purpose of re- negotiating this Agreement without loss of pay, should the meeting take place while the member is on duty, if approved in advance by the Chief of Police. Should the member be off duty during a bargaining session, he shall not be entitled to any compensation. All bargaining sessions shall be set by mutual agreement between the parties. 2. The Association Representative shall be allowed to process grievances without loss of pay, should such processing take place while the Association Representative is on duty. There shall be a cap of one (1) hour total time which the Association Representative may spend on any one grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all time. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of pay or loss of leave time, should the meeting take place while the Association Representative is on duty. 5- ARTICLE 5 SERVICES TO THE ASSOCIATION 1. The City will furnish the Association a copy of Police Department rules and regulations. 2. The City will allow the Association and its representatives reasonable access to the City Commission Chambers for the conducting of Association business when such facility is not in normal use, upon (5) days written request therefore to the City der or his designee. 3. The City will provide a mailbox for each employee for use by the City and the Association to distribute mail and other communications. The aforesaid mailboxes may be used by the Association strictly for the purpose of transmitting material of an informational nature, and shall not be used for the purpose of communicating material tending to, directly or indirectly, disparage any elected or appointed official of the City. 4. Upon written request by the Association, the City will provide, on a semi - annual basis, a complete roster of a bargaining unit, including name, rank address, telephone number, social security number and current pay scale. - 6 - ARTICLE 6 PERSONNEL RECORDS 1. Employees covered by this Agreement shall have the right to inspect his official personnel file and/or his closed Internal Affairs file. The employee shall have the right to make duplicate copies of any items in his official files, upon payment of the usual charge therefore. 2. Employees covered by this Agreement shall receive copies of any disparaging items which are ' placed in the employee's official personnel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items which are placed in the employee's official personnel file. All written responses shall be sent to the Chief of Police via chain of command not more than la business days following the day of receipt by the employee. 3. To the extent permitted by law, all personnel records of the employees shall be kept confidential and shall not be released to any person except: authorized officials of the City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the PBA recognizes the City's obligation to comply with Chapter 119, Florida Statutes. 4. At no time shall the news media be directly or indirectly furnished with the home address, telephone number or photograph of any employee or relatives without his express written coivent. 5. The City shall purge all records of counselings and oral warnings from employees' personnel files after five (5) years of service without receiving further related counselings or oral warnings. Such documents shall be kept in a separate file. - 7 - ARTICLE 7 INTERNAL INVESTIGATION AND OBLIGATION TO THE PUBLIC The parties recognize that the security of the City and its citizens depends to a great extent - -- upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships, questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complaints, if known to the Department. C. The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under investigation shall be asked by and through one (1) interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. - 8 - E. Any employee under investigation shall be informed of the right to be represented by counsel or any other representative of his choice who shall be present at all times during such interrogations whenever the interrogations relate to the employee's continued fitness for law enforcement services. F. The formal interrogations of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, he shall be completely informed of all of his rights prior to the commencement of the interrogation. H. During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. I. In the interest of internal security and fairness to the employee under investigation, the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning the validity of the allegations under investigation until such time as the investigation, or any organization or person representing said employee makes public statements concerning the allegations under investigation, the City shall have the right to respond in any manner it deems appropriate. J. Upon payment of the cost involved, an employee under investigation may obtain a copy of any written statement he has executed. K. The employee shall not be subjected to any offensive language, nor shall he be threatQned with transfer, dismissal, or other disciplinary measures. No promise of reward shall be made as an inducement to answering questions. L. No employee may be compelled to testify before, or be questioned by any non- governmental agency unless under proper court subpoena. M. The following procedure shall be followed with regard to the administration of polygraph examinations. If a citizen files a complaint against an employee or employees covered by this Agreement and signs an affidavit acknowledging that he /she will take a OLM polygraph examination concerning said complaint, the City may request that the employee or employees in question also take a polygraph examination concerning the complaint. In the event an employee in question agrees to take a polygraph examination concerning the complaint, the City agrees not to administer the examination unless first successfully taken by the complainant. For the purpose of this paragraph, "successfully taken" shall be defined as the examiner's opinion that the complainant's polygrams do not reflect reactions normally indicative of deception in his responses to the pertinent test questions. The City will not order or require any employee to submit to a polygraph examination or PSE test. N. The City agrees that no adverse action will be taken against any employee who exercises the rights provided for in this Article. O. An employee relieved from duty for internal investigatory purposes will remain on full pay and benefits until official disciplinary action is taken or the allegations are held to be unfounded. P. Upon conclusion of an internal review investigation, employees, designated as subjects, shall be given a written disposition of said investigation. Q. Not sustained or unfounded letters of complaint from citizens will not be inserted into an officer's official personnel records. R. The Charge of "conduct unbecoming" and all sin -Mar vague charges will not be used by the City unless further substantiated by specific charges. S. Should disciplinary action result from an internal investigation, an employee may, at the option of the Chief of Police, be allowed to use vacation time to satisfy a suspension which is for five (5) days or less. - 10 - ARTICLE 8 SHIFTS 1. Seniority shall consist of continuous accumulated paid service by classification _ r with the City. Seniority shall be computed from the date of appointment to the classification and shall accumulate during paid absences because of illness, injury, vacation, military or other authorized compensated leave. In the event bargaining unit employees have the same seniority by classification, seniority shall then be determined in the following descending order: Date of Hire by Department/Date of Hire by City/Draw Lots. 2. Non - probationary patrol officers and sergeants shall bid (semi - annually) for their choice of shift assignments and days -off. Days -off are not bid until shift assignments are set, including the Chief's mandatory assignments if any, are set. The determining factor in said bid process shall be each employee's seniority as defined in paragraph #1 above. In order to meet department operational needs, the Chief may, at his discretion, make no more than two specific assignments to each shift (during the semi - annual bid process) beginning with the first shift change of 1999, in order to assure proper allocation of personnel resources. The Chief s assignment of two officers is without regard to seniority and appealable only to the City Manager. 3. A seniority list by shift and work assignment shall be established and shall be utilized when the department calls in for or holds over personnel, except in emergency or unusual situations. s 4. Vacancies in specialized units shall be filled by permanent employees in all cases unle. Is no permanent employee can demonstrate the experience or potential to properly function in such assignment. Should no permanent employee demonstrate said capacity, probationary employees may be considered. Assignment determinations shall be made by a selection panel appointed by the Chief and are not grievable. 5. In the event of a layoff for any reason, employees shall be laid off in the inverse order of their seniority in their classification. Any employee to be laid off who has advanced to his present classification from a lower classification in which he held a permanent appointment, shall be given a position in a lower classification in the same Department. - 11 - His seniority in the lower classification shall be established according to the date of his permanent appointment to the classification. Employees shall be called back from layoffs according to the seniority in the classification from which the employee was laid off. No new employee shall be hired in any classification until all employees on lay -off status in that classification have had an opportunity to return to work (for which he/she is qualified). Written notice of recall shall be sent by certified mail to the employee's last known address, as long as the employee is still qualified to be an officer. Recalled employees shall notify the Employer if they desire to return to work within ten (10) days of receipt of recall notice, and must return to work within twenty -one (21) days from receipt of recall notice. An employee will be kept on the call- back list for two (2) years. 6. Upon application to the Chief of Police, employees may exchange shifts, provided that: A. The shift exchange is between employees of like rank and experience. B. The shift exchange is requested in writing at least five (5) days in advance by both employees involved in the exchange. 7. When a vacancy occurs on a patrol shift, the entire shift shall re -bid days off no later than two weeks after the vacancy has been filled. This provision shall apply only to the shill on which the vacancy occurs and not to any other shifts.. The re- bidding provisions also do not apply should the Chief of Police approve an exchange of shifts as provided for in Section 5 of this Article and shall not apply if the vacancy is filled within one (1) month of the next shift/days off picked. S. The Chief retains the right to transfer employees from shift to shift to meet arising operational needs. After a transfer between shifts, days off will be re -bid if the new assignee is junior to others on that shift. Shift transfers are appealable via the chain of command to the Chief of Police. Denial of a shift transfer appeal shall be given in writing with the specific departmental needs identified. Bargaining unit employees may exercise an appeal to the City Manager within five days, in writing, identifying their concerns. - 12 - The City manager will review the employees(s) concern(s) and will render a final decision which is not grievable. This section shall not exclude or hinder a bargaining unit employee from utilizing Section 6, A, B, of this article. - 13 - ARTICLE 9 VEHICLES AND SAFETY EQUIPMENT 1. The City will make a good -faith effort to maintain police vehicles and safety equipment in proper working order. Police vehicles operated by the City shall comply with the standards and requirements of applicable State Statutes governing motor vehicle safety equipment. Employees will as soon as possible report any broken and/or malfunctioning equipment to their supervisor. Employees shall make reasonable efforts to keep the vehicles cleaned and fueled. 2. The City shall, insofar as possible, equip its marked patrol vehicles with rotating emergency lights, siren, alley light, two -way mobile radio, first -aid kit and fire extinguishers. 3. The City shall furnish riot helmets and gas masks individually to all uniformed officers and sergeants. - 14 - ARTICLE 10 PROMOTIONS 1. Whenever a budgeted promotional vacancy exists in a police sergeant classification, the City shall fill such vacancy within thirty (30) days from an existing eligibility list, if a valid eligibility list is in existence. A promotional eligibility list will expire two years from the date of the examination which led to its creation. 2. Promotional examinations shall be validated in accordance with validation standards and techniques as established by the Chief of Police. Criteria to be used by the Chief of Police for promotions shall be promulgated and distributed to the bargaining unit at least forty - five (45) days prior to any examination. 3. The City will list the areas which the examinations will cover and the sources from which the examination is drawn. 4. The probationary period of employees promoted to sergeant shall be one (1) year. Such employees shall have no right to utilize the procedures of the Personnel Board, nor have any other right of review or appeal, concerning demotion. 5. Employees shall be eligible to take a promotional examination after four years of service as a police officer in the South Miami Police Department. . 6. The Chief of Police will have authority to promote any of the three top ranked candidates on the eligibility list. - 15 - ARTICLE 11 TRAINING 1. Employees who are required to attend off -duty weapons training will be compensated at the rate of time and one -half his regular straight -time rate. However, an employee who has not actually worked a forty (40) hour workweek will be compensated for his attendance at off -duty weapons training at his regular straight -time rate. 2. The City will provide each employee a copy of training bulletins. Additionally, the City will promptly post in a prominent place, City training bulletins as well as approved training advertisements. 3. The City agrees to pay for any course at the Southeast Florida Institute of Criminal Justice (located at Mani -Dade North Community College) which employees are required to attend. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requirements. The City may provide additional training in its discretion. 4. Employees who are required by the City to attend off -duty training shall be compensated at the rate of time and one -half of regular straight -time rate. The City shall have the right to change or alter work schedules in order to avoid overtime when scheduling training. Insofar as possible, the City shall give forty -eight (48) hours notice to employees of such off -duty training. However, individual employees may waive such notice. 5. Employees covered by this Agreement who are temporarily assigned to a higher rank for at least three (3) work days shall receive the wages of their acting rank for the time spent working in the higher rank beginning with the first day of said assignment.. The foregoing contemplates continuous service for the three (3) day period. 6. The City shall attempt to provide weapons training for all employees, but in no event will such training be less than once annually. This training is in addition to the training provided under paragraph 11.3. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department and in accordance with Article 30. The department will make -16 every reasonable effort to facilitate the employee attending the firearms range during his normal working hours. In the event the department is unable to schedule the employee to attend the firing range during his normal working hours, the employee may be required to attend the firing range during his off -duty hours; provided, however, that the actual time spent by the employee in acquiring such training during his off -duty hours shall be compensated in accordance with the hours and overtime provisions contained herein. The City agrees to provide ammunition for firearms training. 7. Insofar as possible, the City agrees to continue its present training programs for the duration of this Agreement. - 17 - ARTICLE 12 GRIEVANCE AND ARBITRATION PROCEDURE 1. In a mutual effort to provide a harmonious working relationship' between the parties to this Agreement, it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties. For the purpose of this Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation and application of this Agreement. 2. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. 3. Grievances shall be presented in the following manner: STEP 1: The employee shall first take up his grievance with the Division Commander within seven (7) calendar days of the occurrence of the event(s) which gave rise to the grievance, or within seven (7) calendar days after the employee's return to work from authorized leave, as the case may be. This first step (between the employee and his immediate supervisor) shall be on an informal and oral basis and shall not involve the Association or any other representative of the employee; STEP 2: Any grievance which cannot be satisfactorily settled with the Division Commander shall be reduced to writing by the employee and shall next be taken to the supervisor above the Division Commander. Such grievance shall be presented to this supervisor in writing within seven (7) calendar days of the deadline date for completion of Step 1. The supervisor shall, within ten (10) calendar days after presentation of the grievance (or such longer period of time as is mutually agreed upon), render his decision on the grievance in writing; STEP 3: Any grievance which cannot be satisfactorily settled with the previous supervisor shall next be taken up with the Chief of Police, or his designee, either through a representative of the Association and the employee, or by the employee himself at the - is employee's option. The grievance as specified in writing in Step 2 shall be discussed by and between the employee (or the representative of the Association and the employee) and the Chief of Police, or his designee, within seven (7) calendar days after the completion of Step 2. The Chief of Police, or his designee, shall within ten (10) calendar days after this discussion (or such longer period of time as is mutually agreed upon), render his decision in writing, with a copy to the Association; STEP 4: In the event the employee is not satisfied with the disposition of the grievance in Step 3, he shall have the right to appeal the Chief of Police's decision to the City Manager or his designee within seven (7) calendar days of the date of issuance of the Chief of Police's decision. Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee, or, at the employee's option, the representative of the Association, requesting that the Chief of Police's decision be reversed or modified. The City Manager shall, within ten (10) working days of the appeal (or some longer period of time as is mutually agreed upon) render his decision in writing with a copy to the Association. 4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the Association and the Department or the City, such grievance shall be presented in writing directly to the Chief of Police within ten (10) calendar days of the occurrence of the event(s) which gave rise to the grievance. The grievance shall be signed by the aggrieved employees or the president or the representative of the Association. Thereafter, the grievance shall be processed in accordance with the procedures set orth in Step 3 and Step 4. 5. Where a grievance involves discharge, suspension, demotion, or other disciplinary action invoked by the City, such grievance shall be filed at Step 4 within ten (10) calendar days from the date of receipt of the discipline notice. Probationary sergeants shall have no right to appeal demotion. The probationary period of newly hired or promoted employees shall be one (1) year. 6. In the event a grievance processed through the grievance procedure has not been - 19 - resolved at Step 4 above, either party may request that the grievance be submitted to arbitration within fifteen (15) calendar days after the City Manager, or his designee, renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to fiunish a panel of five (5) names from which each party shall have the option of striking two (2) names in alternating fashion, thus leaving the fifth, which will give a neutral or impartial arbitrator. The party requesting arbitration will strike the first name. 7. The City and employee (or the Association) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. 8. Each party shall bear the expense of its own witnesses and_ of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost. 9. The parties shall make their choice of the impartial arbitrator within seven (7) calendar days after receipt of the panel from the American Arbitration Association. Copies of -20- the arbitrator's award made in accordance with the jurisdiction and authority under this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties. - 21 - ARTICLE 13 HOLIDAYS 1. The below - listed paid holidays shall be granted under the following conditions: January 1 ................................................. New ' s ay N 3'd Monday of January ... ............................... Martin Luther King's Birthday May 30 ................... ............................... Memorial ay M D July 4 ............. ............................... ....... Independence Day 1' Monday of September ............................... Labor Day November 11 ............. ............................... Veteran's Day Last Thursday in November ............................ Thanksgiving Day Friday after Thanksgiving '/z day December 24 ...... ............................... Christmas Eve December 25 .............. ............................... Christmas Day Birthday .................................................... After 1 year continuous service 1 Floating Holiday ......... ............................... Afterl year continuous service 2. Where observance of these holidays may interfere with the work schedule, such observance on an alternate date may be made at the department head's discretion, with the approval of the City Manager. In such circumstances, an employee shall receive, at the employee's option, an additional day's pay at his straight-time rate of pay, or compensatory time at ills straight -time rate of pay. 3. When a holiday falls on the regularly assigned day off for an employee, such employee shall receive, at the employee's option, an additional day's pay at his straight -time rate of pay, or compensatory time at his straight -time rate of pay. 4. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the preceding Friday shall be observed. 5. Each employee shall be entitled to a day off, with pay, for his birthday each year, - 22 - following one (1) year of continuous employment. The day off must be approved by the supervisor. 6. Each employee shall be entitled to a day off, with pay, as a floating holiday each year, following one (1) year of continuous employment. The day off must be approved by the supervisor. - 23 - ARTICLE 14 SICK LEAVE 1. Sick leave shall be granted to employees for absence because of (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of his position and not arising from a service - connected injury or accident. (b) Medical, dental or optical treatments and examinations. (c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of his position and arising from a service - connected injury or accident, but only after all available disability benefits offered under Workmen's. Compensation are. exhausted, provided further that use of sick leave in this manner shall be at the employee's request and is not mandatory. 2. Employees shall be credited with one (1) day of sick leave at the end of each month during the year. 3. Sick leave may be taken only to the extent that it is accrued. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager. 4. All current employees, as of October 1, 1995, will retain current payout provision upon termination of employment, and will have no cap on sick leave accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a "no -cap" maximum on sick leave accrual. All employees who have attained a sick leave balance of a minimum 72 days (576) hours shall be eligible on their first anniversary date following that accumulation to convert 50 °/a of up to 8 days of their annual unused sick leave balance in excess of 576 hours to vacation leave. Any employee who uses in excess of 32 hours of sick leave during a one -year period will not be eligible for this benefit. The catastrophic illness bank will be abolished and accrued hours will be returned to employee who has accrued this leave. 5. An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in connection with such unearned leave, except in cases where the employment is terminated by - 24 - the death of an employee, or in cases where an employee is unable to return to duty because of his disability, the evidence of which shall be supported by an acceptable medical certificate. 6. In all cases of absence on sick leave in excess of three (3) work days and in cases of absence on sick leave for any period less than three (3) work days when the Personnel Department or Department Head shall so direct, the written request for sick leave shall be accompanied by a certificate signed by the physician or other licensed medical practitioner treating the employee, certifying as to the incapacity of the employee during such period to perform the usual duties of his position. Such directives shall be valid and in force for a period not to exceed four (4) months. The Personnel Department or Chief may issue additional directives not to exceed four (4) months in duration, in their discretion. The issuance of all such directives may be appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3) work days, or for any absence when so directed by the department head or Personnel Department, shall result in the absence being charged to the vacation leave of the employee. 7. Employees hired prior to October 1, 1995, who voluntarily terminate employment from the City, shall receive payment for leave deposited in the sick leave bank in accordance with following schedule: After 5 years of continuous service - - 25% After 10 years of continuous service - - 50% After 15 years of continuous service - - 75% After 20 years of continuous service -- 100% 8. The parties agree that the City may take any steps it deems appropriate to strictly adti.inister and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege. 9. In the event an employee is killed in the line of duty, or a death by natural causes, his heirs shall receive one - hundred percent (100 %) of his accumulated sick leave time. - 25 - ARTICLE 15 FUNERAL LEAVE 1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a maximum of three (3) work days in the event of a death in the employee's family. One additional day of leave may be granted if travel in excess of 350 miles one way is necessary. 2. The immediate family shall be defined as wife or husband, grandparents, parents, children, grandchildren, brothers, sisters, father -in -law, mother-in-laws, brother-in-law and sister - in -law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager or his designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. _26 ARTICLE 16 LEAVE OF ABSENCE 1. "No Pay" leave may be granted by the City Manager for a period not to exceed six (6) calendar months to enable the employee to receive professional or technical training which will improve his work upon his return to service, or because of the employee's extended illness or non-job-related disability. Maternity leave shall be treated the same as any other extended illness or non-job-related disability. "No Pay" leave may be granted by the City Manager to an employee for a period not to exceed one (1) calendar month for any other purpose. 2. "No Pay" leave granted to any employee shall not to be charged against vacation leave, but entry thereof shall be made upon the leave records of such employee. 3. Any employee granted leave without pay for six (6) months or more shall be entitled to be placed by the City only if a job position is available, it being clearly understood that if the job position last held has been filled or eliminated, the City will make every effort to place the employee in another job position for which said employee qualifies. If placed in another job position, said employee shall be entitled only to the wage scale for such new position. If no job position is available, the City will give priority to said employee as soon as a new job position for which the employee qualifies, is available. - 27 - ARTICLE 17 VACATION LEAVE 1. The term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Uninterrupted Service 1 to 5 years inclusive 6 to 14 years inclusive Amount of Vacation 2 -2/5 weeks or 12 working days* 3 weeks or 15 working days 15 to 19 years inclusive 3 -315 weeks or 18 working days 20 years and over 4 -1/5 weeks or 21 working days (a) Vacation shall require approval of the Chief of Police or his designee, and at no time shall an employee be allowed to use more vacation leave than has been accumulated. (b) Earned vacation time is principally intended for use during the year in which it is earned. Under exceptional circumstances and upon written request within the year in which the vacation time is earned, such time may be used up to 30 days past the employee's anniversary date with the written approval of the City Manager. (c) Vacation leave may be taken to the extent that it is earned by the employee, subject to the prior approval of the Chief of Police, upon written application by the employee in advance, and at the convenience of the City. (d) Any earned and credited vacation leave to the credit of an employee when terminating employment with the City will be paid prorated at the employee's current rate of pay with the last paycheck received. 2. An employee may request his vacation pay checks in advance of scheduled vacation pay by submitting a written request to the City's Payroll Department at least two (2) weeks prior to starting his vacation. 3. Employees will be permitted to split their vacation dates at the discretion of the Police Chief. - 28 - ARTICLE 18 EXTRA -DUTY POLICE EMPLOYMENT 1. Police Officers authorized by the Chief of Police to perform extra -duty police employment shall receive the hourly rate prescribed by Metro -Dade for each hour worked. Sergeants, when acting as supervisors as authorized by the Chief of Police to perform extra duty police employment shall receive the hourly rate prescribed by Metro -Dade for each hour worked. The minimum time charge will be three (3) hours. 2. The City will furnish, if available, a hand -held radio unit to an employee working approved extra -duty detail. 3. Any employee who may be injured while acting in the scope of such employment shall be entitled to the same rights, privileges, benefits and workers' compensation as if on duty provided that such extra -duty employment is authorized by the Chief of Police. 4. The parties agree to the formation of a committee to promulgate recommendations for a fair and equitable system of allotting extra duty work. This Committee shall consist of members of the collective bargaining unit (selected by the PBA), staff and management of the police department. - 29 - ARTICLE 19 INSURANCE BENEFITS 1. The parties will form an insurance committee which will review problems with the carrier, and will assist in the creation of a Request for Proposals for future health program coverage. When necessary, it will assist in evaluating the proposal from carriers and in the creation of the recommendation of the proposals. E+1 ARTICLE 20 HOURS OF WORK AND OVERTIME The following provisions shall govern hours of work and overtime: 1. Forty (40) hours shall constitute a normal workweek for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour workweek unless the employee actually works forty (40) hours or his actual hours worked and his authorized compensated leave totals forty (40) hours or, except as provided in paragraph 3 below, and eight (8) hour day, shall be compensated at the rate of time and one -half of the employee's regular straight -time rate. 2. During any given calendar year, should an employee covered by this Agreement use more than six (b) days of sick leave, sick leave shall not be considered authorized compensated leave for purposes of computing eligibility for overtime pay for the remainder of that calendar year, nor shall hours worked in excess of an eight (8) hour day be compensated at the rate of time and one -half the employee's straight time rate of pay unless the employee actually works in excess of forty (40) hours during that workweek which shall be defined as actual hours worked, annual leave, compensatory leave and, except as provided in this paragraph, sick leave. Such restriction shall also apply to the eight (8) hour day provision contained in paragraphs 4 and 5 below. 3. If an employee covered by this Agreement is called out to work at a time outside his normal working hours, he shall receive a minimum of three (3) hours' pay at the rate of time and one -half his regular - straight time. However, an employee who has not worked a forty (40) hour workweek or an eight (8) hour day will shall be compensated for the call out at his regular straight -time rate. 4. Employees who are required to make off -duty court appearances as a subpoenaed witness in the federal or state courts or as a deponent in pending criminal, civil or traffic cases involving or arising out of the discharge of the employee's duties in the course of his employment with the City will receive a minimum of three (3) hours pay at the rate of time and one -half his regular straight -time rate. However, an employee who has not worked a forty (40) hour workweek or an eight (8) hour day will shall be compensated for the off -duty appearance at - 31 - his regular straight -time rate. Employees shall be allowed to retain witness and travel fees received for court and deposition appearances. 5. Insofar as possible, employees covered by this Agreement shall be given forty- eight (48) hours notice of any changes in their regular hours of work. Further, insofar as possible, the Department will avoid scheduling an employee to work on continuous shifts. Should an employee be scheduled to work continuous shifts, his days off may be adjusted within the same pay period by the Department. Employees shall be given two (2) weeks notice of normal shift change. 6. No supervisor or official shall take action to cause'the non - payment of overtime in circumstances wherein an employee covered by this Agreement has performed work, which entitles him to payment of overtime: provided that nothing herein shall restrict the City or the Department from altering work schedules or taking any other action to reduce the number of overtime, court time, or call -out hours worked by the employee covered by this Agreement. 7. The Department reserves the right to institute any procedure or system it deems appropriate to measure, record and/or verify attendance at and duration of off-duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off -duty court appearance under Paragraph 4 above. 8. Compensatory time shall be administered in accordance with the following guidelines: (a) Compensatory leave may be accrued to a maximum of one hundred twenty hours. Current employees, on October 1, 1995, who have an accrual in excess of the 100 hour cap will be "grandfathered" to allow them to retain their accrued balance. However, such employees shall not be eligible for accrual of any additional compensatory leave until their balance falls below the 120 hour cap. (b) Compensatory leave may be taken in unlimited blocks of time, provided operational needs have been met, as determined by the Chief of Police. In the event of disapproval, the written response shall contain a specific explanation of the operational needs - 32 - that cannot be met. (c) Compensatory leave shall be requested in writing at least one (1) week prior to the effective date of requested leave. Approval or disapproval shall be made in writing within seventy -two (72) hours after the request is submitted. Under exceptional circumstances as approved by the Chief of Police, the time limits for request of compensatory leave may be waived (d) Once approved, compensatory leave will not be canceled by the Employer unless an emergency situation as determined by the Chief of Police exists. - 33 - ARTICLE 21 MANAGEMENT RIGHTS 1. The Association and its members recognize that the City has the exclusive right to manage and direct all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; B. Hire and/or otherwise determine the qualifications of employees and the criteria and standards for employment; C. Fire, demote, suspend or otherwise discipline employees for proper cause; D. Promote and determine the qualifications of employees; E. Lay off and/or relieve employees from duty due to lack of work; F. Transfer employees from location to location and from time to time; G. Rehire employees; H. Determine the starting and quitting time and the numbers of hours and shifts to be worked subject to Article 20; I. Determine the allocation and content of job classifications; I Formulate and/or amend job descriptions; K. Merge, consolidate, expand, or curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable; L. Contract and/or subcontract any existing or future work; M. Expand, reduce, alter, combine, assign, or cease any job; N. Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; O. Control the use of equipment and property of the City; P. Determine the number, location, and operation of headquarters, annexes, substations and divisions thereof, Q. Schedule and assign the work to the employees and to determine the size and composition of the work force; - 34 - R. Determine the services to be provided to the public and the maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment; S. Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations; T. Formulate, amend, revise and implement policy, programs, rules and regulations; U. Have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above, including the right to make unilateral changes. 2 The above rights of the City are not all inclusive but indicate the type of matters or rights which belong to and are inherent in the City as the employer. Any of the rights, powers, and authority the City had prior to entering his collective bargaining agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this agreement. 1 If the City fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the City's right to exercise any or all of such functions. - 35 - ARTICLE 22 WORE; STOPPAGES 1. The Association agrees that, under no circumstances, shall there be any work stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit -down stay -in, sick -out or any other concerted failure or refusal to perform assigned work for any reason whatsoever, or picketing in the furtherance of any of the above - prohibited activities, nor shall any bargaining unit personnel - refuse to cross any picket line at any location, whether the picketing is being done by the Association or any other employee organization or union. 2. The Association agrees that the City shall retain the right to discharge or otherwise discipline some or all of the employees participating in or promoting any of the activities enumerated in paragraph 1 above, and the exercise of such rights by the City will not be subject to recourse under the grievance/arbitration process. 3. It is recognized by the parties that the activities enumerated in paragraphs 1 and 2 above, are contrary to the ideals of professionalism and to the City's community responsibility. Accordingly, it is understood and agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4. For the purpose of this Article, it is agreed that the Association shall be responsible for any act committed by its officers, agent, and/or representatives which act constitutes a violation of state law or the provision herein. In addition to all other rights and remedies available to the City under state law, in the event of a breach of the provisions herein, the City shall have the right to unilaterally and without further notice terminate this collective bargaining agreement, withdraw recognition from the Association, and cease dues deductions. - 36 - ARTICLE 23 AWARDS The City will endeavor to provide a formal system of awards for various degrees of outstanding service. Employees selected as Officer of the Month or Supervisor of the Month shall receive official awards which are to be posted conspicuously in the Police Station and City Hall. Additionally, formal recognition of employee's exceptional service shall be placed in personnel files. - 37 - ARTICLE 24 MILITARY LEAVE Any employee covered by this Agreement who presents official orders requiring his attendance for a period of training or other active duty as a member of the United States Armed Forces or the State of Florida National Guard shall be entitled to military leave for a period not to exceed seventeen (17) calendar days annually, pursuant to Chapter 115.07, Florida Statutes. - 38 - ARTICLE 25 AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee authorized to use his private automobile in the performance of his City duties will be compensated at the mileage rate prescribed by Florida Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case - related conferences. - 39 - ARTICLE 26 BULLETIN BOARDS The City shall permit the Association to post notices of an informational nature and names and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4' bulletin board in the squad room at the police station. A copy of each notice to be posted shall be transmitted to the Chief of Police or his designee prior to posting. Under no circumstances shall the Association tender for posting any notice training material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An officer of the Association shall sign each notice to be posted. - 40 - ARTICLE 27 SEVERABILITY CLAUSE Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement. - 41 - ARTICLE 28 COMPENSATION 1. Fiscal Year 1998 -1999: All employees covered by this Agreement shall receive a 6.5% across -the board wage adjustment effective October 1, 1998. 2. Fiscal Year 1999 -2000: All employees covered by this Agreement shall receive a 4% across - the -board wage adjustment effective October 1, 1999. 3. Fiscal Year 2000 -2001: All employees covered by this Agreement shall receive a 3.5% percent across -the- board wage adjustment effective October 1, 2000. 4. Bargaining unit members shall receive, "special risk" duty pay in the amount of $15 biweekly, effective October 1, 1998; $20 biweekly, effective October 1, 1999 and $25 biweekly, effective October 1, 2000. 5. Bargaining unit employees who serve as Field Training Officers pursuant to the criteria below will receive a 7% supplement during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties. The 7% FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. - 42 - ARTICLE 29 PROHIBITION AGAINST RE- OPENING OF NEGOTIATIONS Except as specifically provided herein, neither parry hereto shall be permitted to re -open this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. - 43 - ARTICLE 30 UNIFORMS AND EQUIPMENT 1. Employees covered by this Agreement shall receive from the City upon appointment, at no cost to the employee, a new uniform, which shall consist of the following: (b) One (1) long sleeve shirt; (c) Five (5) short sleeve shirts; (d) Five (5) pairs of trousers; (e) One (1) hat; (f) Badge and name tag; (g) Leather goods and accessories to include: handcuffs and case, cartridge case and eighteen (18) shells, and holster; (h) One (1) jacket with zip- out lining; (i) Two (2) pairs police low quarter corfam shoes, 0) Raingear; (k) Upon employee's request, two pairs of uniform shorts shall be issued. The above items shall be replaced as needed, by the City, within a reasonable amount of time from the employee's written request. Such requests shall include the reason for replacement and is contingent upon approval of the Division Commander via chain of command. 2. Employees who are required to wear non - issued clothing will receive a clothing allotment of four hundred seventy -five ($475.00) dollars annually. One -half (1/2) of said allotment will be paid on the pay day nearest the 15a` of December of each year and the other one- half (1 /2) will be paid on the pay day nearest the 15`h of June of each year provided that the employee is employed on said day. 3. Uniformed employees covered under this Agreement will receive a clothing allowance of two hundred seventy -five ($275.00) dollars annually. One -half (1/2) of said allotment will be paid on the pay day nearest the 15" of December of each year and the other one- half (1/2) will be paid on the pay day nearest the 15'h of June of each year provided that the employee is employed on said day. Any employee who receives a clothing/uniform allowance in advance who terminates employment, except for retirement, will have a prorated portion of that allowance -44- deducted from the final paycheck. No final paycheck will be given the terminated employee until all city -owned property such as uniforms and equipment, ID, etc. has been returned to the City. 4. Each employee shall be provided with a bullet proof vest, as needed, in the sole discretion of the City. The wearing of the vest will be at the option of employees, except in the performance of specialized duties and/or as specifically directed by the Department. 5. Each officer (upon request) will be issued a surgical gloves and a plastic pocket resuscitation mask for use in administering first aid. Such items shall be replaced as needed. 6. Employees may be allowed to carry personally -owned shot -guns and ammunition which conform to department standards once the employee is qualified for use in that weapon or an identical weapon by a certified range master. 7. All personnel who intend to carry personal semi- automatic weapons on duty are subject to the following conditions: 7.1 The officer must complete transitional training prior to obtaining approval to carry the firearm as provided for in Article 11.3 - TRAINING. 7.2 A request to carry the firearm shall be approved by the Chief of Police. 7.3 Firearm shall be inspected and approved by a department armorer. 7.4 Sworn personnel shall not modify authorized firearms. 7.5 Holster and ammunition clip holder shall be purchased (by employee) and approved by the Chief of Police. 7.6 The officer shall complete a training course pertaining to the new firearm. 7.7 The officer shall qualify with firearm. 7.8 Firearms and magazines shall be carried with Department issue ammunition only. 7.9 The Department shall set forth the manufacturers and models approved for use. 8. Employees shall be issued PR -24 batons and shall receive appropriate training for use of such batons prior to issuance. Employees shall also be issued ASP'S with holsters and shall receive appropriate training for use of such ASP's prior to issuance. 9. Uniformed personnel shall be permitted to wear, as part of their uniform, a - 45 - I standard knife case, the (finish of which matches the leather accessories issued by the City. The uniformed personnel shall not carry any knife on their person other than that which is contained in said case (the blade of which shall not exceed three inches in length). - 46 - ARTICLE 31 NON - PROMOTIONAL VACANCIES The City agrees to post non - promotional vacancies within the Department for a period of three (3) days prior to the filling of the vacancy. However, it is understood and agreed that such posting shall not be construed to require the appointment of Departmental personnel to such vacancies. Further, the appointment of individuals to such vacancies shall remain within the sole discretion of the Chief of Police or his designee, based upon the recommendation of a review panel, except where Article 8, Section 3 of this Agreement provides for mandatory consideration of seniority. - 47 - ARTICLE 32 PHYSICAL EXAMINATION AND WORKERS, COMPENSATION BENEFITS 32.1 Employees will receive an electrocardiogram, eye exam, and physical examination to include alcohol and drug screen testing at least once a year (12 months) performed by a physician selected by the City or when requested by the City. Scheduling of the above will be at the discretion of the City, and the results will become part of the employee's permanent record. The City will undertake the cost of the examination and will furnish the employee with a copy of the examination report. 32.2 The City and the Association recognize that employee substance and alcohol abuse may have and adverse impact on City government, the Department's operations, the image of City employees, and the general health, welfare and safety of the employees and the general public at large. Therefore, the parties agree that the Department shall have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. 32.2.1 The Department agrees that requiring employees to submit to testing of this nature shall be limited to circumstances where the employee's immediate supervisor and the Police Chief or his designee have a reasonable belief that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the City's Personnel Rules, Departmental Rules, and Regulations, and Florida Statutes regarding the use of such substances. It is also understood by the parties that the aforementioned authority to require an employee to submit to such testing must also be approved by the Chief, if available, or his designee within the Department or City. 32.2.2 It is understood and agreed that the tests conducted under this Article shall be administered in a purely employment context only as part of the City's legitimate inquiry into the use of any controlled substance, narcotic drug, or alcohol by its employees. 32.2.3. An employee required to submit a mandatory test for the presence of alcohol or illegal drugs shall be entitled to have a PBA or other employee representative present when the breath analysis is conducted or the urine specimen is obtained. It is agreed and understood that the breath analysis test will not be delayed longer than one (1) hour. _480 32.3.4 All tests shall be analyzed in medical laboratories mutually agreed to by the City and the Association, using recognized technologies. In the event and employee's test results are positive, a second test, utilizing a different procedure, preferable the Gas Chromatography/Mass Spectrometry (G C M S ) or comparable recognized testing method shall be conducted on the same specimen to verify the initial test results. Employees shall receive the results of a positive test within 12 hours of the City's receipt of the test results. Additionally, upon request the employee shall be given a sample of the specimen tested. 32.2.5 The results of such tests shall be handled as part of an Internal Affairs Investigation and are not to be made public unless required by law. The taking of a breath analysis or urine specimen from an employee does not constitute an interrogation within the meaning of Section 112.532, etc., Florida Statutes (1987), unless questions are asked at the time the test is conducted. 32.2.6 The results of such tests may result in disciplinary action, up to and including dismissal, in accordance with the applicable provisions of the City Code, the City Personnel Rules, and/or the Departmental Rules and Regulations. The employee may grieve the discipline through the contract grievance procedure. 32.2.7 The parties agree that any employee refusing to submit to toxicology or alcohol testing conducted in accordance with the provisions of this Article may result in disciplinary action being taken against the employee up to and including dismissal. 32.3 In the event of an on- the -job injury to an employee, not as a result of negligence by the employee, such employee will be carried at full pay and benefits for a period not to exceed 1S%" calendar days. 32.4 Any employee injured on the job shall be paid the full eight (8) hours wage for the day of the accident if his treating physician advises that he should not return to work that day. - 49 - ARTICLE 33 RETIREMENT BENEFITS 1. Each bargaining unit employee who retires on length of service or medical disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked "retired". 2. The following changes in retirement benefits are hereby agreed to: b. Effective October 1, 1995, the benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 %; C. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.50 %; d. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50% to 2.75 %. e. The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: i. For all years of service prior to October 1, 1993, the multiplier shall be 1.6 %. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8 %. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9%. ii. For services rendered from October 1, 1995 through September 30, 1996, the multiplier shall be 2.25 %. in. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.50%. iv. For services rendered from September 30, 1997 forward, the multiplier shall be 2.75 %. e. Bargaining unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous full -time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in the -50- retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. f. The employee contribution to the retirement plan will be increased from three percent (3 %) to five percent (5 %) effective October 1, 1993. Should the City contribution be actuarially determined to exceed twelve percent (12 %), both the City and the employees will share equally the amount in excess of twelve percent (12 %) e.., should the City contribution be actuarially determined to be fourteen percent (14 %), the City shall contribute a total of thirteen percent (13 %) and the employees shall contribute a total of six percent (6 %). g. The retirement plan will not be mandatory. However, should an employee join the retirement system, he /she may only leave the system upon resignation or retirement. Each fiscal year there will be a window for joining the retirement system, i.e., October 1 - October 31. h. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. i. Normal Retirement Date The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is attainment of age 55 and completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. j. Employees covered by this Agreement shall be allowed to apply for per mission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. k. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. - 51 - 1. Consultants to Prepare Language Changes. The actuarial and technical language is to be prepared by the Wyatt Company, approved by the City and the PBA, and adopted by the Pension Board. 2. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. - 52 - ARTICLE 34 EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: f. 50% reimbursement of the course cost for a grade of "C" or better for undergraduate courses; g. 50% reimbursement of the course cost for a grade of `B" or better for graduate courses; h. Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub - sections b and c above; i. The credit hour cost of any courses approved shall be capped at the rate used by local publicly- funded universities and/or community colleges. 4. Employees utilizing educational assistance must remain with the City for a period of at least two years following completion of any reimbursed course, or said money must be repaid to the City (amount may be deducted from final pay). - 53 - ARTICLE 35 EMPLOYEE PREGNANCY/MATERNITY LEAVE 1. An employee who becomes pregnant must notify the Chief of Police as soon as she receives a medical confirmation that she is pregnant. A pregnant employee is required to furnish a letter from her physician which will state the anticipated delivery date, the amount of time the employee may continue to work until the delivery and the types and limitations of duty to be performed by the pregnant employee. At the recommendation of the employee's physician, the pregnant employee may, in the discretion of the City, be placed on light duty status with the approval of the Chief of Police or his designee and the City Manager. In the event that a light duty position is not available at the police station, the pregnant employee may be utilized in other City of South Miami offices at the discretion of the City Manager. The employee's rate of pay will remain the same. 2. Pregnant employees shall be granted disability leave on the same terms and conditions as granted for other non- pregnancy related disabilities. Any bargaining unit employee who becomes pregnant shall be entitled to unpaid maternity leave. Such maternity leave shall be granted for a period of up top six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp time, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. - 54 - ARTICLE 36 EMPLOYEE ASSISTANCE PROGRAM The City and the PBA concur that an Employee Assistance Program (EAP) would be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department's law enforcement personnel. Therefore, it is agreed that the City Manager and the PBA unit representatives will meet, as needed, to develop an action plan to implement such a program that is responsive to the needs of the bargaining unit and is affordable to the City. - 55 - - -- L ARTICLE 37 ABOLISHMENT OR MERGER Whenever the abolishment or merger of the police department is contemplated, the Association shall be informed of such plans in advance and be given an opportunity to negotiate concerning the impact of such abolishment or merger proposal upon this Agreement. The abolishment or merger negotiations shall include discussion of provisions for the placement of personnel in other departments or, in the alternative, severance benefits. - 56 - ARTICLE 38 AMERICANS WITH DISABH,ITIES ACT Notwithstanding any other provision of this agreement, the PBA agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the PBA of the action it intends to take to comply with the ADA or the Florida CRA. If the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. - 57 - ARTICLE 39 TERM OF AGREEMENT 1. Except as provided herein, all provisions of this agreement shall be effective upon ratification by the PBA and the City. This agreement shall remain in full force and effect until and including September 30, 2001. 2. For the term of this agreement, either party may annually re -open one non- economic item within this agreement by notifying the other in writing no later than July 1 of each year (i.e. 1999 and 2000). 3. Both parties agree that the following items may be opened. prior to the second and third years of this agreement upon notice by either party no later than July 1 of that year. A. Four day, 10 hour work week B. Take home vehicle program C. Retirement benefits D. Family insurance ( upon the completion of the City's study of the insurance currently in existence and proposals for change, but no later than the second year of this agreement). Date of Execution: Dade County Police Benevolent Association By: Dade County Police Benevolent Association ATTEST: City Clerk Date of Execution: City of South Miami - 58 - By: City Manager