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02-18-97MAYOR: Tom Cunningham VICE MAYOR: Julio Robaina COMMISSIONER: Anna M. Price COMMISSIONER: David D. Bethel COMMISSIONER: R. Paul Young CITY COMMISSION AGENDA Regular City Commission Meeting Meeting date: February 18, 1997 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: March 4, 1997 Phone: (305) 663 -6340 Time: 7:30 PM PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. City of South Miami Ordinance No. 6 -86 -1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: C. Presentations: ITEMS FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes: Regular City Commission Minutes - February 4, 1997 2. City Manager's Report: 3. City Attorney's Report: REGULAR CITY COMMISSION 1 AGENDA - February 18, 1997 CONSENT AGENDA 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A REVENUE GENERATING AGREEMENT WITH BENCH ADS MEDIA, INC. FOR INSTALLATION AND MAINTENANCE OF BUS STOP BENCHES AT BUS STOPS AND PARKS WITHIN THE CITY. (Administration) 3/5 5. 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 AQUAJET LAKE MANAGEMENT SERVICES, INC. FOR FUCHS PARK AT A COST NOT TO EXCEED $2,100 FOR THE CURRENT FISCAL YEAR AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1750 -4670, "LANDSCAPING - MAINTENANCE AND REPAIRS OF GROUNDS AND STRUCTURES." (Administration /Parks & Rec.) 3/5 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $6,200.00 TO PIECO, INC. THE INSTALLATION OF A FUEL STORAGE TANKS AT THE PUBLIC WORKS DEPARTMENT AND CHARGING THIS DISBURSEMENT TO ACCOUNT NUMBER 1710 -4670, "MAINTENANCE AND REPAIRS - GROUNDS AND STRUCTURES." (Administration /Public Works) 3/5 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE INITIATION OF THE SOUTH DADE DRUG TASK FORCE "SODDTAF" FUNDED BY HIDTA. (Administration /Police Dept.) 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 A PURCHASE AGREEMENT WITH FLORIDA SILICA SAND, INC., TO RED CLAY FOR THE CITY'S BASEBALL FIELDS, AND DISBURSE PAYMENT NOT TO EXCEED $1,700.00 FOR THIS SERVICE FROM ACCOUNT #2000 -4620. (Administration /Parks & Rec.) 3/5 REGULAR CITY COMMISSION . 2 AGENDA - February 18, 1997 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $2,343.00 FOR REPAIR OF TRASH COLLECTION TRUCK #21 -44 AND CHARGING THIS DISBURSEMENT TO ACCOUNT NUMBER 1760 -46801 "MAINTENANCE AND REPAIRS - OUTSIDE SERVICE." (Administration /Public Works) 3/5 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FLORIDA CLEAN INDOOR AIR ACT. (Commissioner Price) 3/5 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING AMERICAN AIRLINES AND THE AMERICAN AIRLINES PILOTS TO NEGOTIATE AND RESOLVE THEIR MUTUAL LABOR ISSUES TO THE MUTUAL BENEFIT OF THE ENTIRE DADE COUNTY COMMUNITY. (Commissioner Price) 3/5 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $55,045.00 TO MCLAIN SOUTHLAND EQUIPMENT FOR THE PURCHASE FOR A MECHANICAL STREETSWEEPER TRUCK FOR PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1730 -6430, "STREETS DIVISION - EQUIPMENT - OPERATING". (Administration /Public Works) 3/5 ORDINANCES) SECOND READING & PUBLIC HEARINGS) 13. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CREATION OF A NEW SECTION 20 -9 OF THE LAND DEVELOPMENT CODE FOR THE ESTABLISHMENT OF AN OVERLAY ZONING DISTRICT IN THE CHARRETTE TOO STUDY AREA, IN ORDER TO PROVIDE FOR THE SPECIAL NEEDS OF THE COMMUNITY -BASED SERVICE PROVIDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE (1st Reading - November 5, 1996) (Administration /BZ &CD) 3/5 REGULAR CITY COMMISSION 3 AGENDA - February 18, 1997 RESOLUTION(S) PUBLIC HEARING There are none RESOLUTION (S) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT CONTRACT, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DON DELANEY IN AN AMOUNT NOT TO EXCEED $5,000, FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY REDEVELOPMENT AGENCY (CRA), A REDEVELOPMENT PLAN, TAX INCREMENT FINANCING, AND ACTIVITIES RELATED TO THE CITY OF SOUTH MIAMI CRA. THE EXPENDITURE WILL BE PAID FROM ACCOUNT #01 -21 -00 -55110 "GENERAL CONTINGENCY." (Administration) 4/5 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF THE MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY MANAGER TO PAY A FEE TO DELTA SURVEYORS IN THE AMOUNT OF $5,000.00 TO COMPLETE A SURVEY OF MURRAY PARK; THIS SURVEY IS NECESSARY FOR THE COMPLETION OF THE MURRAY PARK MASTER PLAN; THE FUNDS TO BE DRAWN FROM ACCOUNT NO. 2100 -5510, GENERAL CONTINGENCY FUND" (Administration) 4/5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENROLLMENT OF THE CITY'S ELECTED OFFICIALS IN THE CITY GROUP LIFE INSURANCE POLICY, AND PROVIDING FOR EACH PARTICIPATING MEMBER TO PAY FOR THEIR OWN COVERAGE BY PAYROLL DEDUCTION FOR THE MONTHLY PREMIUM. (Vice Mayor Robaina) 3/5 ORDINANCES) FIRST READING 17. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.5g OF THE LAND DEVELOPMENT CODE TO INCREASE THE MAXIMUM FLOOR AREA RATIO [FAR] FOR THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT FROM REGULAR CITY COMMISSION 4 AGENDA - February 18, 1997 THE CURRENT 0.25 TO 0.30, IN ORDER TO COORDINATE WITH THE MAXIMUM BUILDING COVERAGE REGULATION OF 0.30; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. (Administration /BZ &CD) 3/5 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATION OF SECTION 20 -3.3 (E) AND AMENDMENT OF SECTION 20 -7.29 (A) , (B) AND (CO OF THE LAND DEVELOPMENT, IN ORDER TO PERMIT OUTDOOR CAFES ON PUBLIC AND PRIVATE PROPERTY FOR ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION OF THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Administration /BZ &CD) 3/5 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING SECTION 9 -5(B) OF THE CODE OF ORDINANCES TO PROVIDE FOR SCHEDULING GENERAL AND SPECIAL ELECTIONS BY RESOLUTION; RATIFYING THE SCHEDULING OF A SPECIAL ELECTION FOR APRIL 8, 1997; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. (Administration) 3/5 PUBLIC REMARKS COMMISSION REMARKS REGULAR CITY COMMISSION 5 AGENDA - February 18, 1997 -. I. .,._.. .... _. ........_._..__.'.- CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayqr and Commission DATE: FROM: L. Dennis Whitt 6 .` City Manager February 18, 1997 1 RE: Agenda Item # Commission Meeting, February 18, 1997 REVENUE GENERATING CONTRACT - INSTALLATION AND MAINTENANCE OF BUS STOP BENCHES The attached resolution seeks authorization to enter into a contract with Bench Ads Media, Inc. for the installation and maintenance of bus benches on a city wide basis. This firm already has agreements in place with many Dade and Broward County cities, as well as Metro -Dade. These type of benches are seen all over bus routes in unincorporated Dade, various municipalities, and along thoroughfares within our city which are under Metro -Dade jurisdiction.. The proposed contract calls for placement of bus benches with advertisement displays at 90 bus stop locations across the city (Attachment 1). The City will realize a two -fold benefit from this agreement. First, residents and visitors will enjoy the convenience ,of benches at bus stops and parks, Secondly, the contract provides for a set payment to the City for each bench installed, in addition to a percentage of the net monthly revenue realized by the contractor. Both the flat payment per bench and the percentage figure increase after the first year of the agreement. These benches will generate a guaranteed revenue to $6,075.00 to the City the first year, and up to $7,920.00 the fifth year. However, it is estimated that the total figure will approach twice these amounts due to the percentage of net sales due to the City. For instance, the projected revenue to the City for the first year is $14,328.00. Attachment 2 shows the payment structure and the projected revenues to the City. Under the terms of the attached contract, several important issues are addressed. The City must approve any and all additional locations beyond those originally agreed to in \continued... MAYOR AND COMMISSION PAGE TWO FEBRUARY 18, 1997 Attachment 1. Note that this list excludes benches without advertisement displays to be placed in parks and other non -bus route points. These benches will be installed at the City's request; however, no revenue will be derived from them. The type of advertisement displayed on the bus stop benches are strictly restricted by the contract. "Objectionable matter" shall be prohibited in the displays. These include liquor and tobacco ads, ads for massage parlors, adult theater, pornographic items. Beyond these, the City retains the right to determine what is objectionable matter. All benches will conform to American with Disabilities Act (ADA) standards. Litter and other debris will be removed from the bench area by the contractor once per week. In summary, this contract will not require any expenditure by the City, while resulting in guaranteed annual revenues and estimated five year total revenues of $96,000. The benches will serve to enhance the quality of life for our residents and visitors. The terms of the agreement are flexible and give the City control over bench placement. I therefore recommend to the Commission that authorization be granted to execute the contract. Attachments I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, AUTHORIZING THE CITY G MANAGER TO ENTER INTO A REVENUE 7 GENERATING AGREEMENT WITH BENCH 8 ADS MEDIA, INC. FOR INSTALLATION AND 9 MAINTENANCE OF BUS STOP BENCHES AT to BUS STOPS AND PARKS WITHIN THE CITY. 11 12 WHEREAS, the provision of bus stop benches at city bus stops and 13 parks is a convenience which enhances the quality of life of residents and 14 visitors, and; 15 16 WHEREAS, bus stop benches with advertisements are presently 17 installed at several County thoroughfares in and around the city, and; 18 19 WHEREAS, the option of providing benches without advertisement 20 displays for parks and other appropriate locations is offered by the firm 21 proposed for this agreement; and, 22 23 WHEREAS, the agreement results in useful revenue to the City 24 without requiring any expenditures or commitment of resources; and, 25 26 WHEREAS, the bus bench firm proposed has current agreements with 27 many local governments in the South Florida region, including the cities of 28 Miami, Mialni Springs, Hialeah, Hollywood, Sunrise, and Metropolitan Dade 29 County. 30 31 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 32 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 33 3.1 Section I . The City Manager be, and is hereby authorized to enter 35 into an agreement with Bench Ads Media, Inc. for installation and 36 maintenance of bus benches at City bus stops and parks. 37 38 39 02/12/97 10:06 FAX 3055853632 �FEB. ii; 1997W 5:51PM=NWt3JS OPERATIONS DIV- ATTACHMENT 1 pace 1S9 MDTA Dus Stop Inven *cry. Date: .fan. Z7t.1997 A 5outh-fliaml Sw- 1.0000 SW ST AV /SW 50 ST SM- 3.0000 SW 57 AV /SW " ST SM- -4 -0000 SW 57 AV /SW 6$ ST am- 3.0000 SW 157 AV /US 1 SM- 5.0100 SW ail AWSAN REMO AV $M- 6.4000 SW 5F AV /SW 74 TE SM- 7.0000 SW 57 AV/SW 7T TE SM- 8.0000 SW 5T AV /SW 80' ST SM- 9.0000 SW 137 AV /SW a3 ST $M- 10.0000 SW 57 AV /SW 88 ST $M- 12.0100 SW Z9 Pl. /SW 64 ST SM- 13.0000 SW M9 PL /SW 6T St SM- 1.4.0000 SW S9 PL/SW 69 ST SM- 15.0000 SW 59 PL /SW 71 ST SM- 17.0000 Std 59 PL /SW 69 ST SM- 18.0004 SW SP PL/SW 613 ST SM- 19.0000 SW 69 PL/SW 66 ST SM-* 17.0100 SW 59 PL /SW 64 ST SM- 20.0x00, SW 62 AV /SW 64 ST SM- 22.0000 SW 6Z AV /SW 68 ST SM- 22.0100 SW 62 AWSW 70 ST SM- 22-0300 SW 62 AV /SW 72 ST SM- 23.0000 SW 62 AV /SW 74 ST SM- 24 ■0000 3W 62 AVISW 74 ST SM- Z4.OZOO SW 62 AV /SW 70 ST SM- Z•4.0:300 SW 6Z AV /SW 48 ST SM- Z4.0409 SW dZ AV /SW .34 ST 3M- 26.0000 SW &T AV /SW 60 ST SM- Z6.0000 SW 67 AV /3W 69 TE SM- 27.0000 SW 67 AV /* 7000 SH- 28 -0000 SW 67 AV /SW 7Z ST SM- Z9.0000 SW 67 AV /SW M TE SM- 30.0000 SW 67 AV /SW 77 TE 8M- 31.0000 SW 67 AWSW 80 ST SM- 32.0004 SW 67 AV /8W 80 ST SM- 3Z.0100 SW 6T AV /SW 78 15 SM- 33.0000 SW 67 AV /SW 76 TE SM- 34.4000 SW 67 AV /SW 74 ST SM- 34.0100 SW 67 AWSW 7V 8T 'SM- 35,0000 SW 67 AV /SW 69 TE SM- 36.0000 SW 67 AWSW 67 ST SM- 37.0000 SW 67 AV /SW 65 TE SM- 38 -0000 SW 67 AWSW 64 ST SM- 39.0000 SW 67 AV/SW 6Z TE 02/11/97 17:46 002 P. 1.112 S -F; R. S--Ni R. $-N: R. s -ml - R. ' S-•NI R. E--Ne R. W -Mr R. E -N: Q+ R. S -hl 1 72. S -Ns 72. S -Ni 72. S -F: 72. S-F.- 72. 9 -F1 57. S -Nv 57. S -Ns 57. S -N: 157,. S -N : 157. S -Ft z7. S-No 371 481 8Z. S -Fa 37+ 481 52. S -N: 371 401 6Z. N -Nz :37-1 413-1 OZ. N -F: 371 481 >5Z. • N -Ni 371 481.52. N -Ns 37.' S -r-Fm 37. S -N: 37r .S -F % 3T% •CZw .577 7 S -Fn 5Z. 5 -Fs' 52. hl-F% 52. N -F 1 37•. N -F: 37. N -NI 3?. S -F s 73. S -Fv 73. S -FE T3. $-.F: 73. S -NE 73. S -N: 73. S -N; 73. N -F1 73. N -N: T3. N -F: TS. N -F: 73. N- Ps x 73. N -Fa 73- N -Nx 73., hl -N r T3 . N -N1 73. N -N 1 73- TX /RX N0.6819 P.001 02/12/97 , 10:06 FAX 3058853631. ATTACHMENT 1 FEB.II.1997 5 :51PM BUS OPERaiIOM DIV page 160 MDTA Bu:, Stop Inventory Oates Jan. 27r 1997 SM- 40.0000 SW 67 AV /SW 6.1 ST SM- 40.0100 SW 67 AV /SW 60 ST -SM- 41.0000 SW 67 AV /SW 5T TE SM- 42 w 0000 SW 67 AV /SW 54 $T SM- 4260100 SW 67,AV /SW 52 TE SM- 42.0300 SW 67 AV /SW 50 TE SM- 42.OMOO SW 67 AV /SW 48 ST SM- 43.0000 US 1/# 6290 SM- 44.0000 US 1 /SW 80 ST SM- 47.0000 SW 40 ST /SW 64 AV SM- 47,0100 SW 40 3T /8W 62 CT SM- 48.0000 SW 40 ST /SW S9 AV SM- 30.0040 SW 40 ST /SW 57 AV SM- 52,.0000 SW 56 3T /SW 65 AV 5M- 8.0000 SW 86 ST/8W 64 AV SM- 054,0006 5W 56 ST /5W 63 AV SM^ 55.0400 SW -06 ST /5W 62 AV SM "158.00010 SW 56 ST /SW 64 PL 5M- 58.0050 SW, 56 ST /SW 67 AV SM- 58.0100 SW 64 ST /SW 60 AV SM- 58.0400 SW 64 ST /SW 60 AV SM- 59'.0000 SW 66 ST /SW 88 PL SM- 60.0100 SW 66 ST /SW 67 AV SM- 60.9304 SW 46 ST /SW 57 CT SM- 61.0000 SW 66 ST/3W 57 PL SM- 61-0100 SW 66 ST /SW 58 AV SM- 62.0000 SW " ST /SW 69 AV SM- 64.0000 SW 7Z ST /SW " CT SM- 66.0000 SW TZ ST /SW 6T AV SM- 66.4040 SW TZ ST /SW 64 CT , - 6760040 SW 72 ST /SW 62 PL SM-- 68.0000 SW 72 ST /SW 61 CT SM- 69.0000 SW 7�Z ST /SW 59 AV 3M- TO -4000 SW TZ ST /SW 87 CT SM- 72 ■0000 SW 7Z ST /SW 58 CT SM- 72.0100 SW 7Z ST/SW 69 PL SM- 73.0000 SW 72 ST /SW 62 AV SM- 74 -0000 SW 72 ST /SW 63 CT SM- 78 -01000 SW 72 ST /9W 65 AV SM- 76.0000 SW 72 ST /SW 67 AV SM= 77'.0000 SW 7Z ST /5W 68 CT SM- 78.0000 SW 72 ST /SW 69 CT SM- T9.0000 SW 80 ST /SW 60 AV SM- 79.010,!0 SW X34 ST /SW 67 AV SM- 79.0200 SW 80 ST /8W 655 AV SM- 80.0000 SOUTH MIAMI STA/5949 SW TZ ST 02/11/97 17:46 Z 003 P. 22 N -F: 73. ` N -Fa T3. N -N: 731. N -Nc 73. N -N: 73. N -N 1 73. N -Nr 73. S -N: 52. S -N: 5Z. E -F: 40. F--Na 40. E -Fs 40. E +Ni 40. E -Fr 56. E-+F r 56. E -N1 56. E -N: 56. W -Nc 56. W -Na 56. W -Fr 37. E -ml 37. E- F % 48v 52 . E -AI a 481 52. W -M: 4es 62. W -F: 4$1 5Z. W -Fa 491 52,. W -FR 48! S2. E -Fa 72. W -Fr 72. E -N 72. E -Me F -F: 071 52: 571 E -F: 37t 577 72. E -Ft 3Tv 57. W -F R 371 57Y 7Z.- W-Fi 37. W -Fe 72. W -N: 7'Z. W -Nr 72. W-N i 72. W -Fc 72. W -F z 72 k W -Nc SZ. W -Mc 62. W--Nt SZ, T -T: 371 P 15zy TX /RX NO.6819 P.002 ATTACHMENT 2 * The maximum number of bus and convenience benches to be installed shall be 90 at approved and agreed upon locations. * Minimum Guaranteed Payment, see schedule, per installed bench, per annum with escalation. * Minimum Guaranteed is based upon the actual number of benches installed. * Additional revenue is based upon all boards being sold for each twelve month period of the contract. The percentage rates are First year at twelve (12 %) percent, Second year thirteen (13 %) percent, Third year at Fourteen (14 %) percent, Fourth year at fifteen (15 %). Fifth year at sixteen (16 %) percent. The revenue calculation shall be on Net Collected Revenues per quarter, less the quarterly MGP. Based on the Full number of Benches (Payment based upon number of installed benches with advertising.) Year # Benches Fee Per Bench Annual Fee MGP + Projected Additional Revenue Projected Annual Gross Revenue 1 90 $ 67.50 $ 6,075.00 + $ 8,253.00 $ 14,328.00 2 90 $ 72.50 $ 6,525.00 + $ 10,810.00 $ 17,335.00 3 90 $ 77.00 $ 6,930.00 + $ 12,519.00 $ 19,449.00 4 90 $ 82.50 $ 7,425.00 + $ 13,972.00 $ 21,397.00 5 90 $ 88.00 $ 7,920.00 + $ 15,552.00 $ 23,472.00 Estimated 5 year Revenue to the City $ 95,981.00 13 ATTACHMENT 2 * The maximum number of bus and convenience benches to be installed shall be 90 at approved and agreed upon locations. * Minimum Guaranteed Payment, see schedule, per installed bench, per annum with escalation. * Minimum Guaranteed is based upon the actual number of benches installed. * Additional revenue is based upon all boards being sold for each twelve month period of the contract. The percentage rates are First year at twelve (12 %) percent, Second year thirteen (13 %) percent, Third year at Fourteen (14 %) percent, Fourth year at fifteen (15 %). Fifth year at sixteen (16 %) percent. The revenue calculation shall be on Net Collected Revenues per quarter, less the quarterly MGP. Based on the Full number of Benches (Payment based upon number of installed benches with advertising.) 13 Projected Projected Fee Annual Fee Additional Annual Gross Year # Benches Per Bench MGP + Revenue Revenue 1 90 $ 67.50 $ 6,075.00 + $ 8,253.00 $ 14,328.00 2 90 $ 72.50 $ 6,525.00 + $ 10,810.00 $ 17,335.00 3 90 $ 77.00 $ 6,930.00 + $ 12,519.00 $ 19,449.00 4 90 $ 82.50 $ 7,425.00 + $ 13,972.00 $ 21,397.00 5 90 $ 88.00 $ 7,920.00 + $ 15,552.00 $ 23,472.00 Estimated 5 year Revenue to the City $ 95,981.00 13 ATTACHMENT 2 * The maximum number of bus and convenience benches to be installed shall be 90 at approved and agreed upon locations. * Minimum Guaranteed Payment, see schedule, per installed bench, per annum with escalation. * Minimum Guaranteed is based upon the actual number of benches installed. * Additional revenue is based upon all boards being sold for each twelve month period of the contract. The percentage rates are First year at twelve (12 %) percent, Second year thirteen (13 %) percent, Third year at Fourteen (14 %) percent, Fourth year at fifteen (15 %). Fifth year at sixteen (16 %) percent. The revenue calculation shall be on Net Collected Revenues per quarter, less the quarterly MGP. Based on the Full number of Benches (Payment based upon number of installed benches with advertising.) Year # Benches Fee Per Bench Annual Fee MGP + Projected Additional Revenue Projected Annual Gross Revenue 1 90 $ 67.50 $ 6,075.00 + $ 8,253.00 $ 14,328.00 2 90 $ 72.50 $ 6,525.00 + $ 10,810.00 $ 17,335.00 3 90 $ 77.00 $ 6,930.00 + $ 12,519.00 $ 19,449.00 4 90 $ 82.50 $ 7,425.00 + $ 13,972.00 $ 21,397.00 5 90 $ 88.00 $ 7,920.00 + $ 15,552.00 $ 23,472.00 Estimated 5 year Revenue to the City $ 95,981.00 13 y ----------- I .. I " I.- Proposal to City of South Miami From Bench Ads of Southwest Dade February 9,'1997 Table of Contents Agreement / Purpose and Use / Installation PAGE Installation / Construction and Design / Bench and Receptacle Maintenance 2 Bench and Receptacle Maintenance / Bench Advertising 3 Bench Advertising / Original Term and Renewal 4 Original Term and Renewal / Payments to City / Records, Accounts and Statements 5 Records, Accounts and Statements / Reports / Insurance 6 Insurance / Indemnification / Supervision / of Contractor Performance / Independent Contractor 7 Independent Contractor / Uncontrollable Circumstances ( "Force Majure ") 8 Uncontrollable Circumstances ( "Force Majure ") / Assignment / Permits / Conformity to Law / 9 Notices Notices / Default / Final Repository / Intent 10 Intent / Non - waiver / Indemnity Against Assets and Changes / Legislative Venue 11 Exhibit A 13 u AGREEMENT THIS IS AN AGREEMENT, made and entered into this _ day of 1997, by and between: CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "City "; AND BENCH ADS OF SOUTH WEST DADE INC., a Florida Corporation, hereinafter referred to a "Contractor ". The City Council of the CITY OF SOUTH MIAMI, by motion at its meeting of authorized the proper City officials to enter into this Agreement. In consideration of the Mutual promises, covenants and agreements, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. PURPOSE AND USE The Contractor shall have the non - exclusive right to furnish and maintain Bus and Convenience Benches with advertising, for the use of the public, at locations approved by the City Manager / or the designated appointed City official. Additionally, the Contractor shall have the non - exclusive right to furnish and maintain public trash receptacles with advertising, at locations approved by the aforementioned. All costs associated therewith shall be borne solely by the Contractor and the City shall have no liability for any such costs. The proposed locations shall be public bus stops, parks, plazas, shopping centers, business zones, regional activity centers., school bus stops and in other similar areas where they are needed for the accommodation and convenience of the public. All locations and bench installations must conform to federal, state and municipal law, ordinances, and rules and regulations. 2. INSTALLATIONS Permission must be obtained from the City Manager or the appointed designee prior to the installation of benches proposed to be located on public property, and the Contractor shall obtain y 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 above referenced agreement is similar to those in place at the municipalities listed above, and shall guarantee the City minimum annual revenues ranging from $6,075.00 the first year to $7,920.00 the fifth and last year. Note: Revenues arc based on the installation of a minimum 90 benches with advertisement. Additional annual revenues, based on net ad display revenues to the contractor, arc estimated to range between $8,200 to $15,500. These figures arc summarized in Exhibit A of the attached contract. Section 3. The above referenced agreement shall be for a five year period with an option to renew, if mutually agreed to by both parties, for additional five year periods. Section 4. That this resolution be effective immediately and after adoption thereof. PASSED AND ADOPTED this day of 1997. ATTEST: City Attorney APPROVED: MAYOR 4 all necessary permits at its sole cost and expense. Bench installations must adhere to all federal, state and local laws, ordinances and regulations. The Contractor shall provide written consent from a property owner approving the installation of a bench on the owner's property. Such written consent shall be submitted with the Contractor's application for permission from the City Manager or the appointed designee to install the bench. On or before March 31,1997, or thereabouts Contractor shall install a minimum 45 benches at those locations approved by the City. The City Manager or the appointed designee and Contractor may mutually agree upon additional or substitute bench locations as the need may arise. 3. CONSTRUCTION AND DESIGN (a) All benches shall be constructed of top grade materials and shall be painted in agreed upon colors for the City. Each bench shall be identified with a number, the name of the Contractor and a local telephone number. The initial installation shall be of the conventional bus bench, however the contractor shall have the option to install it's new mono -pole bench during the term of the contract. (b) The parties acknowledge that certain sections of the City have unique charm and character and Contractor may propose the installation and use of a different bench design, type and construction more compatible to those areas. All requests by the Contractor for approval to deviate from the standard bench or mono - pole construction and design shall be made to the City Manager or the appropriate designee who will approve or reject such deviation in whole or in part at his sole discretion, provided, however, that the City Manager may refer any request to the City Manager for its formal approval. 4. BENCH AND RECEPTACLE MAINTENANCE The Contractor shall, at his sole cost and expense, maintain all benches in good and serviceable condition during the entire term of this Agreement. The Contractor shall routinely monitor and inspect each bench location at least one time each week, and to remove any trash found on or around the surrounding grounds area of the bench or receptacle, and to repair, 7 recondition or replace each bench found to be damaged or in disrepair. The Contractor shall maintain log book records of the inspections it provides, and these records shall be available for the review of appropriate City personnel. The Contractor shall have during working hours sufficient personnel to answer the phone for citizens who wish to call concerning benches. A log of complaints about benches including the subject of the complaint acid the action taken, shall be kept and made available upon City request. The City reserves the right periodically to inspect such benches to determine their condition. The Contractor shall replace or recondition, to the satisfaction of the City Manger or appointed designee any benches which the City Manager or appointed designee determines are no longer in good or serviceable condition. The style and construction of any replacement bench shall be the same as the bench replaced, unless prior approval is received as provided in Paragraph 3 (a) and (b). In the event the City Manager or appointed designee shall determine that a bench should be repaired, replaced, or removed for noncompliance with this. Agreement, he shall repair, replace or remove the bench within ten (10) working days of receipt of such notice. In the event the City Manager or appointed assignee determines that a bench constitutes a hazard to persons or property or seriously disrupts the public right of way, the contractor shall remove the bench no later than (3) working days from receipt of such notice. In the event the contractor fails to repair, replace or remove the bench within the above specified periods, the City Manager or appointed assignee shall have the right to repair, replace or remove the said bench at the expense of the contractor. 5. BENCH ADVERTISING The Contractor is authorized to sell advertising to be placed upon the benches only in the manner provided herein. Advertising of liquor, tobacco, massage parlors, adult book stores, adult theaters, adult escort services, pornographic, obscene or objectionable matters are prohibited. The determination of objectionable matter shall be at the sole discretion of the City Manager whose decision shall be final. 4 The advertising panel shall have a solid background with lettering composed of not more than two additional colors, plus any logo or trademark colors. Day -glow paints or any psychedelic painting is expressly prohibited. The advertising panel shall have a maximum size of twenty -four (24) inches by seventy two (72) inches and be constructed of masonite or plywood or other suitable materials approved by the City Manager or appointed assignee. All advertising including any illustrations, design, arrows, characters, numbers, letters and similar markings shall only be placed on the back of the bench and not on any other part of the bench. No more than (60 %) of the area reserved for advertising shall have letters or numbers larger than (12) inches. An artificially lighted advertising panel is expressly prohibited. All request by the Contractor for approval to deviate from the standard advertising panel design and construction shall be made to the City Manager or appointed assignee who may approve or reject such deviation in whole or in part at his sole discretion, provided, however, that the City Manager may refer any questions to the City Commission for its formal approval. 6. ORIGINAL TERM AND RENEWAL The initial term of this Agreement shall be for a period of five years from May 1, 1997 through April 30, 2002. Prior to the end of this term, the City Manager or appointed designee and Contractor may by mutual agreement renew this Agreement for additional periods of five years upon such terms and conditions as may be agreed to between the parties. The payments for subsequent terms shall be subject to negotiation between the parties for each extension term and shall reflect the current economic conditions in the City, number of benches proposed, and anticipated revenues from those benches for the extension term. The Contractor shall submit to the City its proposed adjustments to the payments at least ninety (90) days prior to the expiration of the initial contact term, or the contract term then in effect. The City may, after examination, refuse to accept the proposed adjustments if they are not properly documented, increases are considered to be insufficient, or decreases are considered to rd be excessive. In the event the City does not wish to accept the adjusted annual payments, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the Agreement upon giving thirty (30) days advanced written notice to the Contractor. After the elapse of such thirty (30) day period, the Agreement shall terminate and the Contractor shall have fifteen (15) days in which to remove all existing benches and receptacles that have been installed pursuant to this Agreement. 7. PAYMENTS TO CITY: All payments required to be made by this Agreement be sent or personally delivered to the following address: City Treasurer CITY OF SOUTH MIAMI City Hall South Miami, Fl 33023 The Contractor shall pay the Guaranteed Minimum Annual Payment for bus and convenience benches as- scheduled below in quarterly installments in advance of the quarter: See Exhibit A. In addition to the above payments, Contractor agrees to pay City an annual override based on Net Collected receipts from the sale of bench advertising pursuant to this Agreement, as follows: 8. RECORDS, ACCOUNTS, AND STATEMENTS Contractor shall keep at a location within Broward / Dade, Florida, approved by CITY, true, accurate, and complete records and accounts of all advertising sales, expenses, and other business being transacted under this Agreement throughout the term of the Agreement, including any option terms, and for three (3) years following its expiration or cancellation. E 4 The contractor agrees to and shall give City or City's representative access during reasonable business hour upon three (3) business days' notice to examine and audit such records and accounts. Such records shall be maintained as an independent certified public accountant would need in order to examine the records pursuant to generally accepted auditing standards. Within sixty (60) days after each fiscal year, Contractor shall deliver to the City a written annual financial statement pertaining to their operations under this Agreement. Said statement shall be prepared in accordance with generally accepted auditing standards and shall be certified as true, accurate and complete by Contractor, by and through authorized independent Certified Public Accountant. 9. REPORTS The Contractor shall submit to the City a Quarterly report within (15) business days after the end of each Agreement quarter. Each report shall contain the following: (a) The location and date of installation of benches installed during the prior quarter. (b) The location and date of removal of benches removed during the prior quarter. (c) A listing of all benches located within the City, including bench identifying numbers and locations at the end of the prior quarter. (d) Application for permission to install benches during the upcoming quarter. The form of the application to be approved and provided by the City. All reports, including the annual financial statement, shall be sent to the City Manager or appointed designee. The form of the report to be developed by the Contractor is subject to the prior approval of the City Manager or appointed designee. 10. INSURANCE At all times during the term of this Agreement, the Contractor, at it's sole cost and on 4V expense, shall maintain in full force and effect, public liability insurance with coverage as follows: (a) Not less than one million dollars ($1,000,000) for death of, or injury to, any one person in any one occurrence. (b) Not less than one million dollars ($1,000,000) for death of, or injury to, two or more persons in any one occurrence. (c) Not less than one million dollars ($ 1,000,000) property damage in any one occurrence. Certificates of such insurance shall be delivered to City prior to the beginning of any operations under the Agreement; such policies shall name CITY OF SOUTH MIAMI as additional insured and shall provide that City's Risk Manager be given at least thirty (30) days advance written notice of cancellation or material modification. 11. INDEMNIFICATION The Contractor covenants and agrees to identify and hold the City harmless for any death of or injury to persons or damage to or loss of property which may occur as a result of the Contractor's performance under this Agreement. The Contractor also specifically agrees to defend the City in the event any claim is made against the City as result of any such death, injury or damage, and to pay all costs, judgments and fees, including attorney's fees, which may be incurred by the City as a result of such a claims If called upon by City, the Contractor shall assume and defend not only itself but also City in connection with any suit or cause of action in connection with such claim, and such defense shall be at no cost or- expense whatsoever to City. 12. SUPERVISION OF CONTRACTOR PERFORMANCE The City Manager shall administer the Agreement for the City. The City Manager may delegate to other City staff all or a part of the supervision of Contractor's performance under this Agreement. The appropriate designee(s) shall be identified to the contractor. 13. INDEPENDENT CONTRACTOR The Contractor is an independent contractor under this Agreement. Personal services 7 4 provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to goods and services rendered under this Agreement shall be those of the Contractor. It is the intent of the parties that the Contractor's principals or senior management personnel will be available for the entire initial contract term. Personnel of equal or higher qualifications say replace such personnel, subject to prior City Manager or appointed designee's approval, which shall not be unreasonably withheld. The City acknowledges that Contractor may subcontract all or part of its obligations under this Agreement. Substitution of subcontractors shall be done only with the prior written approval of the City Manager or appointed designee, which approval shall not be unreasonably withheld. 14. UNCONTROLLABLE CIRCUMSTANCES ( "Force Majeure ") The City and Contractor will be excused from the performance of their respective obligations under this Agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: (a) The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; (b) The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (c) No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and (d) The non performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not excused for a period in excess of two (2) months, provided extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the Agreement shall be extended by a period equal to that during which either party's performance is suspended under this provision of the Agreement. 15. ASSIGNMENT Neither this Agreement, nor any portion thereof unless otherwise authorized herein, shall be assigned without the formal consent of the City Manager or appointed designee. No such approval will be construed as making the City a party of or to such assignment, or subjecting the City to liability of any kind to any assignee even if subcontracting is authorized herein. No subcontracting agreement shall, under any Circumstances, relieve the Contractor of any liability or obligation under this Agreement. 16. PERMITS Contractor shall have the sole responsibility, at its sole cost and expense, to secure all necessary, Dade County, State and Federal licenses and permits for the installation of the benches. 17. CONFORMITY TO LAW Contractor shall comply with all applicable laws, ordinances, regulations, and orders of Federal, State, County and municipal authorities pertaining to Contractor's performance under this Agreement. The Contractor covenants and agrees that there will be no discrimination as to race, color, creed or national origin in the Contractor's performance of the Agreement. 18. NOTICES All notices required by law and by this Agreement to be given by one party to the other shall be in writing and sent by certified mail, return receipt requested to the parties at the following addresses: E `F City: City Manager CITY OF SOUTH MIAMI City Hall South Miami, Florida Contractor: BENCH ADS OF SOUTH DADE INC. 475 E. Okeechobee Road Hialeah, F13 3 0 1 0 or to such other addresses as the parties may by writing to the other designate. 19. DEFAULT In the event of the breach of any of the covenants of the Agreement by the Contractor, and such breach is not cured or corrected within thirty (30) days after receipt of written notice of the breach, then the City shall have the right to terminate this Agreement at the expiration of the thirty (30) day notice. 20. FINAL REPOSITORY The parties mutually represent and warrant to each other that this Agreement, consisting of paragraphs l' through 24, inclusive, constitutes the final repository of the parties on its subject matter and may not be changed, modified, discharged or extended except by written instrument duly executed by the parties. The parties agree that no previous representations or warranties shall be binding upon either party nor has the execution of this Agreement been induced on the part of any party except as expressed in writing in this Agreement. 21. INTEREST All delinquent payments to the City shall bear interest at the rate equivalent to the periodic composite of current annual interest rates on five (5) year United States Government agency issues in effect as of the date of delinquency, but not less than ten per cent (10 %) per annum. Such interest shall be calculated from the due date, exclusive of any grace period, to the date of payment, on a daily basis, and will be due and payable when billed. 22. NONWAIVER Failure of the City to insist upon the strict performance of any of the covenants, conditions and agreements of this Agreement in any one or more instances, shall not be construed as a 10 4 waiver or relinquishment in the future of any such covenants, conditions and agreements. 23. INDEMNITY AGAINST COSTS AND CHARGES In the event of any litigation concerning this Agreement, the prevailing party shall be entitled to recover from the losing party all reasonable costs and attorneys' fees through all appeals. 24. LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Dade County, Florida, and that all litigation between then in the federal courts shall take place in the Southern District in and for the State of Florida. 11 q IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: (CORPORATE SEAL) WITNESSES: (CORPORATE SEAL) CITY CITY OF SOUTH MIAMI 12 ATTEST: City Clerk Approved as to form: City Attorney CONTRACTOR e ATTEST: 4 Exhibit A: * The maximum number of bus and convenience benches to be installed shall be 90 at approved and agreed upon locations. * Minimum Guaranteed Payment, see schedule, per installed bench, per annum with escalation. * Minimum Guaranteed is based upon the actual number of benches installed. * Additional revenue is based upon all boards being sold for each twelve month period of the contract. The percentage rates are First year at twelve (12 %) percent, Second year thirteen (13 %) percent, Third year at Fourteen (14 %) percent, Fourth year at fifteen (15 %). Fifth year at sixteen (16 %) percent. The revenue calculation shall be on Net Collected Revenues per quarter, less the quarterly MGP. Based on the Full number of Benches (Payment based upon number of installed benches with advertising.) Projected Projected Fee Annual Fee Additional Annual Gross Year # Benches Per Bench MGP + Revenue Revenue 1 2 3 4 5 90 $ 67.50 $ 6,075.00 + $ 8,253.00 $ 14,328.00 90 $ 72.50 $ 6,525.00 + $ 10,810.00 $ 17,335.00 90 $ 77.00 $ 6,930.00 + $ 12,519.00 $ 19,449.00 90 $ 82.50 $ 7,425.00 + $ 13,972.00 $ 21,397.00 90 $ 88.00 $ 7,920.00 + $ 15,552.00 $ 23,472.00 Estimated 5 year Revenue to the City $ 95,981.00 13 i� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: r and Commission DATE: FRO t RE: City Manager February 18, 1996 Agenda Item # Commissioa Meeting, February 18, 1997 WATERWAY MAINTENANCE - FUCHS PARK LAKE. Approval is sought via the attached resolution for authorization to enter into a waterway maintenance agreement with AquaJet, Inc. The agreement would allow the waterway firm to provide cleaning, water treatment, algae and weed control, wildlife monitoring and other services at Fuchs Park lake. AquaJet Inc. was previously hired on a month to month basis to perform maintenance at Fuchs lake. The firm has extensive experience in canal and lake maintenance, providing or having provided services to clients such as the University of Miami, City of Opa- Locka, City of Dania, and Metropolitan Dade County. AquaJet's routine maintenance service has resulted in improved water clarity, a significant decrease in the amount of weeds along the perimeter, and a decrease in algae growth. The firm also stocked the lake with bream, bass, channel catfish and the beneficial gambusia ( "mosquito fish ") last fall. In an effort to continue with the lake's upkeep, Public Works sought bids for monthly maintenance for the rest of this fiscal year from other waterway firms. AquaJet presented the lowest monthly fee at $256.00 (the closest came in at $275.00 for the same services). The total expenditure sought in this item is set at $2,100.00 for the seven months remaining in the fiscal year. This amount includes approximately $300.00 to be available for any service required which is not included in the monthly routine. Fuchs Park's lake is an aesthetically pleasant feature of one of the City's most visible parks. With an approximately 1,000 foot perimeter, it is also the largest self - contained water body in the city. The lake is home to a variety of water fowl, fish, turtles and plant life. Its maintenance should be performed by an experienced professionals in the field of waterway maintenance. It is therefore recommended that the City Commission approve the expenditure required to pay for maintenance services through the remainder of the fiscal year. Attachments I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH s MIAMI, FLORIDA, AUTHORIZING THE CITY G MANAGER TO ENTER INTO AN 7 AGREEMENT WITH AQUAJET LAKE 8 MANAGEMENT SERVICES, INC. FOR 9 MAINTENANCE SERVICES OF THE LAKE A 10 FUCHS PARKS AT A COST NOT TO EXCEED 11 $2,100 FOR THE CURRENT FISCAL YEAR 12 AND CHARGING THE DISBURSEMENT TO 13 ACCOUNT NO. 1750 -4670, "LANDSCAPING - 14 MAINTENANCE AND REPAIRS OF GROUNDS 15 AND STRUCTURES ". 16 17 WHEREAS, proper maintenance of the City's waterways is essential 18 for environmental preservation, aesthetics, and the city's quality of life, and; 19 20 WHEREAS, the lake at Fuchs Park requires proper maintenance, 21 including water treatment, weed and algae control, and fish/wildlife 22 monitoring, due to its visibility and the fact the it is home to various species 23 of water fowl, birds, fish and plant life, and; 24 25 WHEREAS, Fuchs lake has already benefited from the maintenance 26 services of a South Florida waterway maintenance company with extensive 27 expertise and professional credentials; and, 28 29 WHEREAS, the Public Works Department sought price quotations 30 from area waterway maintenance vendors and found the above vendor to 31 offer the lowest price. 32 33 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR 34 AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 35 FLORIDA: 36 37 Section 1. The Public Works Department obtained the following 38 bids for monthly maintenance services at Fuchs lake. 39 40 AquaJet Lake Services, Inc. $256.00 41 Lake and Wetland Management, Inc. $275.00 42 South Florida Fisheries $328.00 43 s 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 Note: All companies offer additional monthly services beyond the standard monthly maintenance fee above. The corresponding fee structure was provided by each vendor. Section 2. The total amount to be spent on the above referenced contract will not exceed $2,100.00 for the current fiscal year. Section 3. That this resolution be effective immediately and after adoption thereof. PASSED AND ADOPTED this ATTEST: READ AND APPROVED AS TO FORM City Attorney day of 1997. APPROVED: MAYOR S � 1 • WEED & ALGAE CONTROL • ENVIRONMENTAL SERVICES • FISH STOCKING • WETLAND PLANTING • FOUNTAINS & AERATION AQUATIC MANAGEMENT AGREEMENT (C(01P'Y This agreement, dated March 1, 1997, is made between AQUAJET, INC. (AJI) and CUSTOMER: City of South Miami 4795 S.W. 75th Avenue Miami, Florida 33155 (305) 663 -6350 (305) 261 -3791 FAX Both Customer and AJI agree to the following terms and conditions: 1. AJI will provide aquatic management services on behalf of the customer in accordance with the terms and conditions of this agreement at the following aquatic site(s): One (1) lake (1,003 total linear foot perimeter) located at Fuchs Park in South Miami, Florida - map attached. 2. Customer agrees to pay AJI the following amount(s) during the term.' of-this agreement for these specific waterway management services: Algae And Aquatic Plant Control $256.00 / month Border Grass And Brush Control To Water's Edge Included Blue Tint Included Quarterly Water Testing Included Fish & Wildlife Monitoring Included Fish Stocking (Bass and Bream) Optional Biological Control Agent Permit Applications ..Included* Triploid Grass Carp, Mosquito Fish Management Reporting -Included 12 treatments per year. * Triploid grass carp stocking subject to required approval of Florida Game and Fresh Water Fish Commission. 120 TORCHWOOD AVENUE - PLANTATION, FLORIDA 33324 - (954) 452 -0386 - FAX (954) 4524 387 4r J AQUATIC MANAGEMENT AGREEMENT Page 2 3. Schedule of payment: First month's payment shall be due and payable upon execution of this agreement; the balance shall be payable in advance in equal monthly installments. 4. The offer contained in this agreement is valid for thirty (30) days only and must be returned to our offices for acceptance within that period. 5. AJI agrees to.use only products that have been shown to present a wide margin of safety for Florida fish and wildlife. 6. This agreement may be terminated by either party with thirty (30) days written notice. Notification must be sent by certified mail, return receipt requested, to AQUAJET, INC., 120 Torchwood Avenue, Plantation, Florida 33324. CUSTOMER agrees to pay for all services rendered by AJI to date of termination of contract. AJI reserves the right, under special circumstances, to initiate surcharges relating to extraordinary price increases of water treatment products. 7. This agreement will automatically renew yearly, on the anniversary date, unless terminated by either party with thirty (30) days written notice. 8. FISH STOCKING: Annual Spring Fish Stocking optional. 9. Addendums :' See attached map, survey and report (where applicable). A. Monthly water testing and monitoring as necessary for the success of the aquatic weed control program is included. B. Additional work as requested by customer such as trash clean -up, physical cutting and /or plant removal and other manual maintenance may be performed by our staff. Extra service work will be invoiced separately at our current hourly equipment and labor rates. C. Care for aquatic sanctuary areas and littoral shelves planted with sensitive aquatic flora is not included herein. D. Care proposed in this contract is for maintenance control of aquatic growth and will not eradicate all plants in the water. 10. Insurance Certificate enclosed. 11. This agreement constitutes the entire agreement of AJI and the CUSTOMER. No oral or written alterations of the terms contained herein shall be, deemed valid unless made in writing and accepted by an authorized agent of both AJI and CUSTOMER. AQUAJET, INC. CUSTOMER DATE 00 U6 The Clean Water Experts ... Lake and Wetland Management, Inc. 1268 Gondola Court - Boynton Beach, Florida 33426 Telephone (407) 735 -3732 - Fax (407) 735 -0516 WATERWAY MANAGEMENT PROGRAM Fuchs Park City Miami, F1 Prepared for: Mr. Fernando Rodriquez Property Manager 59- WATERWAY SURVEY REPORT Customer: Fuchs Park Inspection Date: January 17, 1997 Waterway * 1. Lake Perimeter (Linear Feet) 1,003 S The Clean Water Experts ... Lake and Wetland Management, Inc. 1268 Gondola Court • Boynton Beach, Florida 33426 Telephone (407) 735 -3732 - Fax (407) 735 -0516 Mr. Fernando Rodriquez Fuchs Park Public Works Dept. City of S. Miami 4795 S.W. 75th Ave South Miami, F1 33155 Dear Mr. Rodriquez January 17, 1997 At your request, here is our proposal covering aquatic weed control services at Fuchs Park . My recent survey of the lake revealed the following aquatic weed problems: Weed Severity Torpedo Grass Heavy - along the perimeter of the lake Algae Slight - around lakes perimeter. We recommend control and maintenance of algae. Fertile nutrient run -off entering the water from sodded banks and storm drainage areas will continually stimulate algae growth. Algae blooms often cause odor problems and tend to accumulate along the shoreline regions. Water level was very low at the time of the survey. All irrigation pipes were exposed which may cause possible damage due to algae. ** *Debris was noted at the time of the survey. The above problems can be expected to increase due to warmer temperatures and increased nutrient load from stormwater runoff. It is strongly recommended that our professional water management program begin as soon as possible, so that the expected recreational, functional, and aesthetic values of the lake may be realized and preserved. Page 2 Your LAKE AND WETLAND MANAGEMENT program will be concerned with the following: 1. Periodic treatment to control any and all noxious aquatic weeds. Applications are made with selective herbicides so that beneficial plants can be preserved. 2. Treatments are performed by state certified and trained aquatic biologists. 3. A minimum of twelve (12) treatments per year. Additional treatments are made as necessary, at no extra cost to the customer. 4. We use only herbicides and algaecides proven to be safe for fish and wildlife. 5. Full insurance coverages to protect our customer including Workmen's Compensation, liability and property damage. 6. Monthly testing of your lake to determine important water quality parameters. 7. Detailed management reporting following each visit to the property. A complete LAKE AND WETLAND MANAGEMENT program at Fuchs Park will result in a clean, healthy, and enviromentally sound waterway system. It will relieve you of any further concerns regarding the lake for the period of our service'agreement. If there are any question, please contact me at our Boynton Beach office. Respectfully yours, LAKE AND WE BAND MANAGEMENT, INC. Brian S. Fischer President BSF /lf Enc. s' The Clean Water Experts ... Lake and Wetland Management, Inc. 1268 Gondola Court - Boynton Beach, Florida 33426 Telephone (407) 735 -3732 • Fax (407) 735 -0516 LAKE MAINTENANCE AGREEMENT This agreement, is made between Lake and Wetland Management, Inc. and: Fuchs Park c/o Public Works Dept. 4795 S.W. 75th Ave Miami, F1 33155 (305) 663 -6350 Both Fuchs Park and Lake and Wetland Management agree to these terms and conditions: 1. Lake and Wetland Management, Inc. will provide lake management services according to the terms and conditions of this agreement at the following locations: One Lake (1,003 Approx. total linear feet) located at Fuchs Park in Miami, Florida. 2. Fuchs Park agrees to pay Lake and Wetland Management the sum of: $275.00 monthly during the term of this contract for these specific waterway management services: Debris removal at time of visit Algae And Aquatic Plant Control Border Grass And Brush Control To Water's Edge Monthly Water Testing Fountain Cleaning every other month Management Reporting TOTAL SERVICE PACKAGE $275.00 monthly Lake and Wetland Management will make 12 treatments per year (minimum). Reasonable extra visits as required by property management will be made at no additional cost. *Program to begin February 1, 1997. S LAKE MAINTENANCE AGREEMENT Page 2 PAYMENT SCHEDULE: First month will be due upon execution of this agreement: the balance is to be made in equal monthly installments. Response to complaints and special requests will be made by Lake and Wetland Management the same day your call is received, or no later than the next working day. Lake and Wetland Management uses only products that are safe for fish and wildlife. This agreement may be cancelled by either party within thirty (30) days written notice. This agreement will automatically renew yearly, Customer will renew at the same price for one additional year. Stocking of sport fish and fish for biological weed control is optional. Additional work requested by property management such as physical cutting or plant removal, and other manual maintenance can be preformed by our staff. Extra service work will be invoiced separately. AGREED AND ACCEPTED BY: --------------------------------- Brian S. Fischer, President Lake and Wetland Management, Inc. ---------------------------------- Customer ---------------------------------- Date 50' South Florida Fisheries & Lake Services, Inc. January 23, 1997 Mr. F.J. Rodriguez - Public Works City of South Miami 4795 S.W. 75th Ave. South Miami, FL 33155 Dear Sir: Attached is a contract for lake maintenance covering the water body at Fuchs Park. In addition to our expertise in waterway care, we can provide guidance in fisheries management. An inspection of the lake revealed satisfactory conditions. A continuing program of algae and weed control should be scheduled to help balance the aquatic ecosystem. We look forward to hearing from you. Sincerely, Ken Schulte - President 8233 Sunset Strip • Suite 231 Sunrise, FL 33322 • (954) 748 -2274 .r ,� CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: Mayor and Commission DATE: February 12, 1997 �i1CGbG�,�G� FROM: L. Dennis Whitt o614� RE: City Manager Agenda Item # (a Commission Meeting, 2/18/97 Installation of a Fuel Leak Detection System at the Public Works Facility The Public Works fuel dispensing facility is in need of a fuel leak detection system. An inspection revealed that the facility does not have a monitoring device that would alert others to a gas leak from the underground fuel storage tanks thereto. The cost of the installation will be $6,200.00 and can be paid from account number 1710- 4670, "Maintenance and Repairs - Grounds and Structures," payable to PIECO, Inc. I recommend approval. I— - 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 THE SUM OF $6,200.00 TO PIECO, INC. FOR THE INSTALLATION OF A FUEL LEAK DETECTION SYSTEM FOR THE FUEL STORAGE TANKS AT THE PUBLIC WORKS DEPARTMENT AND CHARGING THIS DISBURSEMENT TO ACCOUNT NUMBER 1710 -4670, "MAINTENANCE AND REPAIRS - GROUNDS AND STRUCTURES." WHEREAS, the City operates a fuel dispensing facility at the Public Works Department, and; WHEREAS, the fuel dispensing storage tanks are in a location within a Metropolitan Dade County water well field (specifically, the Alexander Orr facility), and; WHEREAS, the Public Works Department has been notified by Metropolitan Dade County of existing violations of County ordinances and State statutes, and; WHEREAS, in order to satisfy existing violations, a fuel leak detection system must be installed at the Public Works facility. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the CITY OF SOUTH MIAMI, FLORIDA: Section- 1. Staff has obtained a local vendor per Metropolitan Dade County bid list for work specifically to be performed on or about petroleum equipment. Section 2. The City Manager be, and is hereby authorized to disburse the sum of $6,200.00 to PIECO, INC. for the installation of the leak detection system. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of 1997 APPROVED MAYOR r FA c oce P IECO. INCORPORATED ANAIR 6 WATER TECHNOLOGIC GQ. Reply to: City of South Miami Attn..: Mr Watson Dear Mr. Watson, Re: Monitoring system Fcbtumy 12,1997 At your request, Pieco Inc. is pleased to summit the following cost for the installation of a monitoring system as required by DERM. The system consists of one each alarm panel with both audible and visual alarms, one each interstitial tank sensor and two each piping sump sensors. The scope of construction will include the following: 1. Provide engineered drawings. 2. Provide required permits. 3. Locating the interstitial opening. 4. Trench from the tank to the closest corner of the existing garage. 5. Install conduit from tank to building and from existing breaker panel to new alarm panel. 6. Install new alarm panel and sensors. 7. Backfill trenched area and re- surface to match existing. S. Test alarm panel. The total cost for the above project is $6200.00. As we have discussed, Pieco Inc is an approved and authorised contractor for Dade County. The GSA contract number under which these services can be provided is 2926 -2197. This contract is offered under the terms and conditions set forth by Dade County GSA. It has been my pleasure to assist you with this project. If you have any Questions or require additional information, pkeu§le contact me at your convenience at 558 -0440. Sincerely yours, Brian S. Webster, Sr. CMO W, CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: /Mvand Commission From: L' Dennis Whitt City Manager Date: February 18, 1997 Agenda Item 9 07 Subject: Commission Meeting 2/18/97 Application for Federal Assistance There is an opportunity for the Police Department to obtain funds from the U. S. Dept. of Justice to establish a drug task force. Prior involvement in drug task forces have resulted in substantial arrests, convictions, seizures of narcotics and several hundreds of thousands in civil forfeiture awards. The attached application requests Federal funds for the initiation of the South Dade Drug Task Force ( "SODDTAF "). The funds, which are available through HIDTA (High Intensity Drug Trafficking Area), require no matching funds. 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 THE INITIATION OF THE SOUTH DADE DRUG TASK FORCE '.'SODDTAF", FUNDED BY HIDTA. WHEREAS, the South Miami Police Department has committed a higher- than - average level of manpower and resources to multi - agency efforts against illegal drugs, and WHEREAS, the South Miami Police Department is the first agency in Dade County to bring the D.A.R.E. Program to its schools, and continues this program to date. A commitment to motivating youth to resist drugs and substance abuse is demonstrated, and WHEREAS, the dedication of personnel to a violent street crimes task force, multi- agency gang task force and others demonstrate a commitment to substantially reduce drug- related crime and violence. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section i. The Mayor and City Commission support the Police Department's application for Federal assistance and subsequent establishment of "SODDTAF". Section 2. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this day'of 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY MAYOR ATTORNEY 7 APPLICATION FOR FEDERAL ASSISTANCE OMB Aporoval No. WAS -OD43 2. DATE SUBMITTED Awmant loent+t+er _ 01 -15 -97 I1. TYPE OF SUBMISSION: - :3. DATE RECEIVED BY STATE I State ADOMMUon Identifier Aooucanon Preaoolccatton S 00 DATE o. NO. M PROGRAM IS NOT COVERED BY E.O. 12172 D OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW = Construcuor = Consuuction 4. DATE RECENED BY FEDERAL AGENCY I Federal ttsentilter Non-construction = Non.Conutrtotion I DD 5. APPLICANT INFORMATION TOTAL S .D0 ' Legal Name: South Miami Police ce Dept' irs Ow tz`w is! lht: 1 - Address lye.+ °h �^ry ,rr.• .rwa° a.srl. I Nan1e ants tetemorw rtumoer of person m Do contactea on matters rnvd+nng IIvs ' 6130 Sunset Drive ambcamn W~ w. aaeel Capt. Michael Mills South Miami, Dade, FL 33143 ' 305- 663 -6310 • 6. EMPLOYER IDENTIFICATION NUMBER 0N). 7. TYPE OF APPLICANT: I (enter aperonnate rener rn Doi. jF L- L 0 1 3 0 5 0. 0 A.State H. trtoeoenoent School Dist ' B. County I State Contratsd tnsntuuon of H,gner Learning 1 B. TYPE OF APPLICATION: C. Murk" J. Private Uruverstry X New = Continuation = Revision 0. Townsnw E. Interstate K. mean Trine L. tnaiwouai F. Interrrumttsaat M. Profit Orgaruzanon it Revcscon. enter acomonate ietterts) in Dues) ('�; 1 1 N/A G. Speaal District N. Other (SonafY1 ' A. Increase Award B. Decease Award C. Inaease Duration 0. Decrease Duration Omer tsaealy/: ' g. NAME OF FEDERAL AGENCY. U.S. Dept. of Justice (HIDTA) 1o. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT. South Dade Drug Task Force TITLE "SODDTAF" 12. AREAS AFFECTED BY PROJECT !Gives. Counties. States. el" Coral Gables, West Miami, South Miami, Homestead, Florida City, Sweetwater. Pinecrest, Dade County, Florida 12. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Star: Date I Ending Date a ADOOCant p. Protect I 3/1/97 3/1/98 17th & 18th 17th & 18th 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDERI a ;edera• 5 00 12372 PROCESS? 216,982 a YES THIS PREAPPLICATIONrAPPLICATION WAS MADE AVAILABLE o •:ao car S 00 TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR I REVIEW ON State S 00 DATE o. NO. M PROGRAM IS NOT COVERED BY E.O. 12172 D OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW Lot a; S .00 '• Otner ' S .00 Program Income I S DD 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBIT = Yes It 'Yet.' annen an emanation. No TOTAL S .D0 1. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPUCATION ARE TRUE AND CORRECT THE DOCUMENT HAS EEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF 7W SSISTANCE IS AWARDED. 1 Type Name of Autttomed Reoresentanre p, TAM ` Rafael t. ,Hernande�z�J3/ 1/4 Chief of Police 1305 663 6357 --.F I NA IMES .l no l/(/' / \j Suea.rQ Form 424 (R Y. 42) +oriz .d Wr L ocal p ummn U / P+ecnow by OM6 Cuwt.rA.102 SOUTH DADE DRUG TASK FORCE S.O.D.D.T.A.F. MISSION STATEMENT Since the mid 19701s, the South Miami Police Department (SMPD) has committed a higher- than - average level of manpower and resources to multi- agency efforts against illegal drugs. SMPD investigators have worked successful investigations with virtually every level of government to include the FBI, D.E.A., A.T.F. and I.R.S. on the Federal level; Florida Dept of Law Enforcement, Dept. of Professional Regulations, Dept. of Revenue and Florida Highway Patrol on the State Level; as well as the Georgia Bureau of Investigation, South Carolina Law Enforcement Division (S.L.E.D.) and dozens of other County and Municipal agencies. By being the first agency in Dade County to bring the D.A.R.E. Program to it's schools, and continuing this program to date, a commitment to motivating youth to reject drugs and substance abuse is demonstrated. The dedication of personnel to a violent street crimes task force, multi - agency gang task force and others demonstrate a commitment to substantially reduce drug - related crime and violence. This residually results in reductions in health, welfare and crime costs. In keeping with S.M.P.D.'s history of successful inter - agency investigations shielding the country's borders from drug importation and breaking sources of supply both domestically and in foreign jurisdictions, it is the Dept's desire to initiate the "South Dade Drug Task Force," nicknamed "SODDTAF." The two(s) S.M.P.D. detectives assigned to narcotics investigations are faced with a plethora of intelligence information indicating a regrowth of substantial narcotics trafficking on a substantial level in the South Miami /South Dade area. The primary targets of SODDTAF initially will be a mid to high level trafficking organization operating out of a South Miami residence. Intelligence indicates links to a mid -level operation in the West Miami area as well as street level trafficking in the Coconut Grove /South Miami area. In order to effectively collect and analyze this information, conduct surveillances and coordinate joint efforts involving Federal, State and Local agencies, additional "man- hours" are necessary as well as an off -site location to store surveillance vehicles /equipment. Fortunately, a HIDTA- funded surveillance van is already in the inventory. Therefore, updating it's equipment, providing a storage facility and funding overtime for the two detectives with assistance from a Sergeant and two other r investigators are all that is necessary to get " SODDTAF" operating. This effort will also provide time for the investigators to provide intelligence and interact with the South Florida Investigative Support Center (SFISC). As the new City of Pinecrest activates it's new police department later this year, that agency as well as other South Dade agencies will be invited to join SODDTAF. Many of these other agencies, due to small size and budgetary constraints have not had the opportunity to participate in this type of multi- agency endeavor. The off -site warehouse and small office would be shared by all agencies who join SODDTAF in the future. INSTRUCTIONS FOR THE SF 424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including tune for ' reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 - 0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required facesheet for preapplications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: Item: Entry 1. Self - explanatory. 12. List only the largest political entities affected (e.g.. State,' 2. Date application submitted to Federal agency (or State if counties, cities). applicable) & applicant's control number (if applicable). 13. Self- explanatory. 3. State use only (if applicable). 14. List the applicant's Congressional District and any a. If this application is to continue or revise an existing District(s) affected by the program or project. award, enter present Federal identifier number. If fora new project, leave blank. 15. Amount requested or to be contributed during the first funding/budget period by each contributor. value of in. 5. Legal name of applicant, name of primary organizational kind contributions should be included on appropriate lines unit which will undertake the assistance activity, complete as applicable. If the action will result in a dollar change to address of the applicant, and name and telephone number an existing award. indicate on1v the amount of the chance. of the person to contact on matters related to this For decreases, enclose the amounts in parentheses. If both application. basic and supplemental amounts are included. show 6. Enter Employer Identification Number (EIN) as assigned breakdown on an attached sheet. For multiple program by the Internal Revenue Service. funding, use totals and show breakdown using same categories as item 15. 7. Enter the appropriate letter in the space provided. 16. Applicants should contact the State Single Point of S. Check appropriate box and enter appropriate lettert.$) in Contact (SPOC) for Federal Executive Order 12372 to the spacc(s) provided: determine whether the application is subtec:t to the State — "New" means a new assistance award. intergovern mental review process. — "Continuauon" means an extension for an additional 17. This question applies to the applicant organization, not funding/budgei period for a project with a projected the person who signs as the authorized representative. .completion date. Categories of debt include delinquent audit disallowances, loans and taxes. — "Revision" means any change in the Federal Government's financial obligation or contingent 18. To be signed by the authorized representative of the liability from an existing obligation. applicant. A copy of the governing body's authorization 9. Name of Federal agency from which assistance is being for you to sign this application as official representative requested with this application. must be on file in the applicant's office. (Certain Federal 10. Use the Catalog of Federal Domestic Assistance number agencies may require that this authorization be submitted as pan of the application.) and title of the program under which assistance is requested. 11. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet.- If appropriate (e.g., construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project. SF 424 Back (Ray. 4.92) II • O _ O 1 • v I .. .:{ O L N Ln r- I t vN M +• qA MA Y�1► r E g. CD 1 0 U � 7 I I i : p Cn • � I CS Y r• m I I O ! 'C • I � O ► ., y11 o: L f �, U: < Q' n ( I Zi LAM.� , m I • 00 W p' � cn CD u. • LO Ln AM' W. •� 'W:.c Iw :W..� w Q I O U p m 00 Q d s' . W 1p Ln tD 8. r NI I N AA O U :�:: w. O I I Z _ N . U.L al W I c N W r F-• I I • Iw � 1 4U E 1 I Z: 0 U.; E cn o eo rn I U. rn .:•: o c% rn I co Cl) _ -- A y � m C C CD CA I J 'C CD A q LZ CD Z O O N LL O (L qw, Ln ^ 1 N N N INSTRUCTIONS FOR THE SF -424A 7 Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collecuon of informauon. including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0044), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. General Instructions This form is desiened so that application can be made for funds from one or more grant programs. In preparing the budget, adhere to any existing Federal grantor agency guidelines which prescribe how and-whether budgeted amounts should be separately shown for different functions or activities within the program. For some programs, grantor agencies may require budgets to be separately shown by function or activity. For other programs, grantor agencies may require a breakdown by function or activity. Sections A, B, C. and D should include budget estimates for the whole project except when applying for assistance which requires Federal authorization in annual or other funding period increments. In the latter case, Sections A, B, C, and D should - provide the budget for the first budget period (usually a year) and Section E should present the need for Federal assistance in the subsequent budget periods. All applications should contain a breakdown by the object class categories shown in Lines a -k of Section B. Section A. Budget Summary Lines 14 Columns (•a) and (b) For applications pertaining to a single Federal grant program (Federal Domestic Assistance Catalog number) and not requiring a functional or activity breakdown, enter on Line 1 under Column (a) the catalog program title and the catalog number in Column (b). For applications pertaining .to a single program requiring' budget amounts by multiple functions or activities, enter the name of each activity or function on each line in Column (a), and enter the catalog number in Column (b). For applications pertaining to multiple programs where none of the programs require a breakdown by function or activity, enter the catalog program title on each line in Column (a) and the respective catalog number on each line in Column (b). For applications pertaining to multiple programs where one or more programs require a breakdown by function or activity, prepare a separate sheet for each program requiring the breakdown. Additional sheets should be used when one form does not provide adequate space for all breakdown of data required. However, when more than one sheet is used, the first Page should provide the summary totals by programs. Lines 1-4, Columns (c) through (g) For new applications, leave Columns (c) and (d) blank. For each line entry in Columns (a) and (b), enter in Columns (e), (f), and (g) the appropriate amounts of funds needed to support the project for the first funding period (usually a year). For continuing grant program applications, submit these forms before the end of each funding period as required by the grantor agency. Enter in Columns (c) and (d) the estimated amounts of funds which will remain unobligated at the end of the grant funding period only if the Federal grantor agency instructions provide for this. Otherwise, leave these columns blank. Enter in columns (e) and (f) the amounts of funds needed for the upcoming period. 'lire amount(s) in Column (g) should be the sum of amounts in Columns (e) and (f). For supplemental grants and changes to existing grants, do not use Columns (c) and (d). Enter in Column (e) the amount of the increase or decrease of Federal funds and enter in Column (f) the amount of the increase or decrease of non - Federal funds. In Column (g) enter the new total budgeted amount (Federal and non-Federal). which includes the total previous authorized budgeted amunts plus or minus, as appropriate, the amounts Shown in Columns (e) and (f). The amount(s) in Column (g) should not equal the sum of amounts in Columns (e) and (f). Line —Show the totals for all columns used. Section 13 Budget Categories In the column headings (1) through (4), enter the titles of the same programs, functions, and activities shown on Lines 1.4. Column (a), Section A. When additional sheets are prepared for Section A, provide similar column headings on each sheet. For each program, function or activity, fill in the total requirements for funds (both Federal and non- Federal) by-object class categories. Lines 6a -i —Show the totals of Lines 6a to 6h in each column. Line 6j - Show the amount of indirect cost. Line 6k - Enter the total of amounts on Lines 6i and 6j. For all applications for new grants and continuation grants the total amount in column (5). Line 6k, should be the same as the total amount shown in Section A. Column (g), Line 5. For supplemental grants and changes to grants, the total amount of the increase or decrease as shown in Columns (1 ).(4), line 6k should be the same as the sum of the amounts-in Section A, Columns (e) and (f) on Line 5. Line 7 - Enter the estimated amount of income, if any, exptxted to be generated from this project. Do not add or subtract this amount from the total project amount. Show under the program Sr- 424A (Rov. 4.92) Page 3 7 INSTRUCTIONS FOR THE SF -424A (continued) narrative statement the nature and source of income. The estimated amount of program income may be considered by the federal grantor agency to determining the total amount of the grant. Section C. Non - Federal Resources Lines 8 -11 Enter amounts of non - Federal resources that will be used on the grant. If in -kind contributions are included, provide a brief explanation on a separate sheet. Column Ia) - Enter the program titles identical to Column (a). Section A. A breakdown by function or activity is not necessary. Column (b) - Enter the contribution to be made by the applicant. Column (c) - Enter the amount of the State's cash and in -kind contribution if the applicant is not a State or State agency. Applicants which are a State or State agencies should leave this column blank. Column (d) - Enter the amount of cash and in -kind contribudons to be made from all other sources. Column (e) - Enter totals of Columns (b). (c), and (d). Line I2 —Enter the total for each of Columns (b) -(e). The amount in Column (e) should be equal to the amount on Line 5, Column (f) Section A. Section D. Forecasted Cash Needs Line 13 - Enter the amount of cash needed by quarter from the Grantor agency during the first year. Line 14 - Enter the amount of cash from all other sources needed by quarter during the first year. Line 15 - Enter the totals of amounts on Lines 13 and 14. Section E. Budget Estimates of Federal Funds Needed for Balance of the Project Lines 16-19 - Fatter in Column (a) the same grant program tides shown in Column (a), Section A. A breakdown by function or activity is not necessary. For new applications and continuation grant applications, enter in the proper columns amounts of Federal funds which will be needed to complete the program or project over the succeeding funding periods tusually to years). This section need not be completed for revisions (amendments. changes, or supplements) to funds for the current year of existing grants. If more than four lines are needed to list the program titles. submit additional schedules as necessary. Line 20 - Enter the total for each of the Columns (b) -(e). When additional schedules are prepared for this Section, annotate accordingly and show the overal! totals on this line. Section F. Other Budget Information Line 21 - Use this space to explain amounts for individual direct object -class cost categories that may appear to be out of the ordinary or to explain the details as required by the Federal grantor agency. Line 22 - Enter the type of indirect rate (provisional. predetermined, final or fixed) that will be in effect during the funding period, the estimated amount of the base to which the rate is applied. and the total indirect expense. Line 23 - Provide any other explanations or comments deemed necessary. SF 424A (Rev. 4 -92) Page 4 7 f r OMB Aooroval No. WAS -O040 ASSURANCES - NON- CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed. and i completing and reviewing the collection of information. Send comments regarding the burden estimate or any other! aspect of this collection of information, including suggestions for reducing this burden. to the Office of Management j j and Budget, Paperwork Reduction Project (0348 - 0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND i BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to vour project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be. notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. '_. Will give the awarding agency, the Comptroller General of united States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records. books, papers, or documents related to the award: and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Will initiate and complete the work within the applicable time frame after receipt of approval of the awardini; acency. Will comply with the Intergovernmental Personnel Act of 1970 (42 U. S. C. §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations. specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C. F. R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U. S. C. §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of 1973. as amended (29 U. S. C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S. C. §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P L. 92.55), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment-and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service, Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscnminauon in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project-purposes regardless of Federal participation in purchases. Will comply, as applicable. with provisions of the Hatch/ Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal empioyment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Standard Form 4240 (Rev. 4AQ) Prescribed by OMB Circular A -1 02 1 !SIGNATURE OF —South Miami Police Dept'. • TITLE Chief of Police DATE SUBNUrrED StaneMM Fonn 4248 (Rev. &= "ek 1 9. Will comply, as applicable, with the provisions of the 12. Will comply with the Wild and Scenic- Rivers Act of Davis -Bacon Act (40 U.S.C. § §276a to 276a - 7), the 1968 (16 U.S.C. 01271 et seq.) related to protecting components of the national Copeland Act (40 U.S.C. § §276c and 18 U. S. C. components or potential § §874), and the Contract Work Hours and Safety wild and scenic rivers system. Standards Act (40 U.S.C. § §327 -333), regarding labor 13 Will assist the awarding agency in assuring compltancc standards for federally assisted construction with Section 106 of the National Historic Preservation subagreements. Act of 1966, as amended (16 U.S.C. 470). EO 11593 10. Will comply. if applicable, with flood insurance (identification and protection of historic properties). and purchase requirements of Section 102(a) of the Flood the Archaeological and Historic Preservation Act of 1974 Disaster Protection Act of 1973 (P1. 93 -234) which (16 U.S.C. 469a -1 u seq.). requires recipients in a special flood hazard area to 14. WiII comply with P.L. 93 -348 regarding the protection of participate in the program and to purchase flood human subjects involved in research. development. and insurance if the total cost of insurable construction and mated activities supported by this award of assistance. acquisition is S 10,000 or more. 11. Will comply with environmental standards which 15. Will comply with the Laboratory Animal Welfare Act of may be prescribed pursuant to the following: (a) 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) institution of environmental quality control pertaining to the care, handling, and treatment of warn measures under the National Environmental Policy blooded animals held for research, teaching, or other Act of 1969 (P.L. 91 -190) and Executive Order (EO) activities supported by this award of assistance. 11514: (b) notificadon of violating facilities pursuant 16. Will comply with the Lead -Based Paint Poisoning to EO 11738; (c) protection.of wetlands pursuant to EO Prevention Act (42 U.S.C. §§ 4801 et seq.) which I1990: (d) evaluation of flood hazards in floodpWns in prohibits the use of lead based paint in construction or accordance with EO 11988. (e) assurance of project rehabilitation of residence structures. consistency with the approved State management program developed under the Coastal Zone 17. Will cause to be performed the required financial and Management Act of 1972 (16 U.S.C. § §1451 et seq.): compliance audits in accordance with the Single Audit (f) conformity of Federal actions to State (Clear Air) Act of 1984 or OMB Circular No. A -133, Audits of Implementation Plans under Section 176(c) of the Institutions of Higher Learning and other Non - profit Clear Air Act of 1955, as amended (42 U.S.C. §§ 7401 Institutions. et seq.: (g) protection of underground sources of 18. Will comply with afl applicable requirements of all other drinking water under the Safe Drinking Water Act of Federal laws, executive orders. regulations and policies 1974, as amended, (P.L. 93 -523); and (h) protection of governing this program. endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). !SIGNATURE OF —South Miami Police Dept'. • TITLE Chief of Police DATE SUBNUrrED StaneMM Fonn 4248 (Rev. &= "ek 1 E � � a Z i I a ; a 2 L ° m nEi c •Q 4n a` O a` in p U w U N t7 I 4 I 1fj l t0 I 1� I m I Q1 I I I I •�- o a I At Cm" O � �o Ix wi CD a i•° � o $ i o l o j o o� o I o a I °o °o � o °• o °o• I °o, °o, �� c c C;' I o 0 0 0 0 o i Z W I N M I C IW a` C c •� 3 E 1 I I I I I i � � I , M rq ; w I w w I w I M w u I • o m (n I I o• o I I I I I u, .1 i .O r4 r9 Vi o CD G O O O I O O O O O O O O O, O O C m I o o o l 0 0 0 0 0 0 0 0 0 o I 0 l ° N I m C 0_ O I Q i ,2c ' . O o I y v i i "' Iry ry I w ry � ry I w I � WI ; I = d m cr I d Z � E O _N (♦1 N ° ! Q co a i N C U tb I m CO W •� Q7 v E � d x ; b a N i J d p T7 ¢7 cu d fn ip V d C H C 47 > C ° _ .r U c m Nm a @ E V W c LT � o E � � a Z i I a ; a 2 L ° m nEi c •Q 4n a` O a` in p U w U N t7 I 4 I 1fj l t0 I 1� I m I Q1 I I I I •�- o a I At Cm" O � �o Ix wi CD a _€ o w�[ s S= U w m r42 E� o� v• � V cw of n` w I N I Cm" I � �o Ix O io a C, C7 n '- d Q Z � � v LLI t^ I J d uj o w e o � W N �. V. _ a Is _. c En i Z W I N M I C IW a` fb I N = N I Cm" o � i N C c6 g m d io � � m w,,= Ol I d Q m e o fill V. _ a -M a� _. c LL. .. W W M a` INSTRUCTIONS FOR THE SF 424C Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and 1 reviewing the collecuon of information. Send comments regarding the burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction i Project (0348 - 0031), Washington. DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This sheet is to be used for the following types of applications: (1) "New" (means a new [previous unfunded) assistance award): (2) "Continuauon" (means funding in a succeeding budget period which stemmed from a prior agreement to fund): and (3) "Revised" (means any changes in the Federal government's financial obligations or contingent liability from an existing obligation). If there is no change in the award amount there is no need to complete this form. Certain Federal agencies may require only an explanatory letter to the effect minor (no cost) changes. If you have questions please contact the Federal agency. Column a. —If this is an application for a "New" project, enter the total estimated cost of each of the items listed on lines 1 through 16 (as applicable) under "COST CLASSIFICATIONS." If this application entails a change to an existing award, enter the eligible amounts approved under the previous award for the Items under "COST CLASSIFICATION." Column b;--If this is an application for a "New" project, enter that portion of the cost of each item in Column a. which is not allowable for Federal assistance. Contact the Federal agency for assistance in determining the allowability of specific costs. If this application entails a change to an existing award, enter the adjustment ( � or k -)l to the previously approved costs (from column a.) reflected in this application. Column —This is the net of lines 1 through 16 in columns a. and 'b. ' - Line I —Enter estimated amounts needed to cover administrative expenses. Do not Include costs which are related to the normal funcuons of government. Allowable legal costs are generally only those associated with the purchase of land which is allowable for Federal participation and certain services in support of construction of the project. Line 2 —Enter estimated site and right(s) -ol -way acquisition costs (thib includes purchase, lease, and /or casements). Line 3 —Enter estimated costs related to relocation advisory assistance, replacement housing, relocation payments to displaced persons and businesses, etc. Line 4- -Enter estimated basic engineering fees related to construction (this includes start -up services and preparation of project performance work plan). Line 5 —Enter estimated engineering costs, such as surveys. tests, soil borings. etc. Line 6 —Enter estimated engineering inspection costs . Line 7 —Enter estimated costs of site preparation and restoration which are not included in the basic construction contract. Line 9 —Enter estimated cost of the construction contract. Line 10 —Enter estimated cost of office, shop, laboratory. safety equipment, etc. to be used at the facility, if such costs are not included in the construction contract. Line 11 —Enter estimated miscellaneous costs. Line 12 —Total of items 1 though 11. Line 13 —Enter estimated contingency costs. (Consult the Federal agency for the percentage of the estimated construction cost to use.) Line 14 —Enter the total of lines 12 and 13. Line 15 —Enter estimated program income to be earned during the grant period, e.g., salvaged materials, etc. Line 16— Subtract line 15 from line 14. Line I7 —This block is for the computation of the Federal share. Multiply the total allowable project costs from lisle 16, column "c." by the Federal percentage share (this may be up to -100 percent:. consult Federal..agency for Federal percentage share) and enter the product on line I7. SF 424C (Ray. "2) back I 7. OMB Approval No. 0348.0042 ASSURANCES -CONSTRUCTION PROGRAMS. I Public reporting burden for this collection of information is estimated to av=ge 15 minutes per response, including Lime for ireviewing instructions. searching existing data sources, gathering and maintaining the data needed. and completing and ►reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of i information, including suggestions for reducing this burden, to the Office of Management and Budge:, Paperwork ReducLion I Project (0348 - 0042). Washington, DC 20503 (PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additonal assurances. If such is the case, you will be nofitied. As the duly authorized representative of the applicant I certify that the applicant: Has the legal authority to apply for Federal assistance, and the institutional, managerial and. financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of. modify the use of, or chance the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. Will comply with the requirements of the assistance awarding agency with regard to'the drafunr,, review and approval of construction plans and specifications. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728 -47631 relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead' based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statues relating to non- discrimination. These include but are not limited to: (a) Title V1 of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683; and 1685 -1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination of the basis of handicaps: (d) the Age Discrimination Act of 1975. as amended (42 U.S.C. §§ 6101- 6107'1 which prohibits discriminauon on the basis of age: let the Drug Abuse Office and Treatment Act of 1972 (P.L. 93 -255), as amended, relating to non - discrimination on the basis o!' drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 cc-3), as amended, relating to confidentiality of alcohol and drug abuse patient records: (h) Title VIII of-the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to non - discrimination in the sale, rental. or financing of* housing; (i) any other non- discrimination provisions in the specific statutes) under which application for Federal assistance is being made, and 07 the requirements on any other non-discrimination Statutes) which may apply to the.applicabon. Authorizes! for Local Reproduction Standard Form 424D (Rev. 4192) Prescribed by OMB Circular A -102 11: Will comply. or has already complied, with the requirements of Titles I1 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 1=. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in pan with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a -7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), the Contract Wort: Hours and Safety Standards Act (40 U.S.C. §§ 327 -333) regarding labor standards for federally assisted construction subagreements. I=.. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is S 10.000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the SIGNATURE OF AUTHORIZE CERTI PING OFFICIAL r APPLIC RGAN ZAn South Miami Police Dept. National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514: (b) notificauon of violating facilities pursuant to EO 11738: (c ) protection of wetlands pursuant to EO 11990: (d) evaluauon of flood hazards to floodplains in accordance with EO 11988, (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (I) conformity of Federal actions to Stara (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § § 7401 et seq.): (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended. (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecung components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § § 470). EO 1159' and preservation of historic properties). and the Archaeological and Historic Preservation Act of I974 (I6 U. S.C.§ § 469a -1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws. Executive Orders, regulations and policies governing this program. TITLE i Chief of Police ! DATE SUBMITTED 6` SF 424D (Raw. 4/92) Back i OFFICE OF NATIONAL DRUG CONTROL POLICY CERTIFICATIONS REGARDING LOBBYING. DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG -FREE WORKTLACE REQUIREMENTS; FEDERAL DEBT STATUS. AND NONDISCRIMINATION STATUTES AND IMPLEMENTING REGULATIONS Instructions for the Certifications General Requirements The Office of National Drug Control Polin• (ONDCP) is required to obtain from all applicants certifications regarding federal debt status. debarment and suspension. and a drug - free workplace. Applicants requesting monies greater than 5100,000 in grant funds must also certify regarding lobbing activities and may be required to submit a "Disclosure of Lobbying Activities" (Standard Form LLL). Institutional applicants are required to certify that then will comply with the nondiscrimination statutes and implementing regulations. Applicants should refer to the regulations cited below to determine the certifications to which they are required to attest, Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of the form provides for compliance with certification requirements under 21 CFR Part 1405, "New Restrictions on Lobbying" and 21 CFR Part 1404, Government- wide Debarment and Suspension (Nonprocurerrient). Certification Regarding Federal Debt Status (OMB Circular A -129). and Certification Regarding the Nondiscrinunauon Statutes and implementing Regulations. The certifications shall be treated as a material representation of fact upon which reliance «•ill be placed when the Office of National Drug Control Policy deterinines to award the covered cooperative agreement 1. LOBBYING As required by Section I352, Title 31 of the U.S. Code. and implemented in 21 CFR Part 1405. for persons entering into a cooperative agreement over 5100,000, as defined at 2I CFR Part 1405, the applicant certifies that: (a) No .federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency. a member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection 1vith the making of any Federal grant. the entering into of any cooperative agreemenL and the extension. continuation, renewal, amendment. or modification of any Federal grant or cooperauvc agreement: (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal Grant or cooperative agreement the undersigned shall complete and submit Standard Form -LLL. "Disclosure of Lobbying Activities." in accordance with its instructions: (c) The undersigned shall require that the language of this certification be included in the award documents for all subaivards at all tiers (Including subgmnts, contracts under grants and cooperative agreements, and subcontracts and that all subrecipients shall cenift- and disclose accordingly. 2. DEBARMENT. SUSPENSION, AND OTHER RESPONSIBILITY MATTER (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension and implemented at 21 CFR Pan 1404, for prospective participants in primary covered transactions A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, ar voluntarlly excluded from covered transactions by any Federal department or agency: (b) Have not within a three-year period preceding this application been convicted of or and a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State. or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal. State, or local) terminated for cause or default; and B. Where the applicant is ratable to certify to any of the statements in this certification, he or she shall attach an explanation to the application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 21 CFR Part I404 Subpart F. A. The applicant certifies that it will or %%ill continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution. dispensing, possession, or use of a controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an on -going drug -free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The applicant's policy of maintaining a drug -free workplace: (3) Any available drug counseling. rehabilitation. and employee assrstancc programs: and (4) The penalties that may be unposed upon employees for drug abuse violation occurring in the workplace: (c) Making it a requirement that each employee to be engaged to the performance of the grant be given a copy of the statement regtured by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that. as a condition of employment under the grant, the employee u ill- (1) Abide by the terms of the statement. and (2) Notify the employer in writing of his or her conviction for a violation of a crunrnal drug statute occurring in the workplace no later than five calendar days after such conviction: (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) form an employee or otherwise receiving actual notice of such convictions. employers of convicted employees must provide notice including positron title, to The Assistance Center. 8401 Northwest 53rd Terrace. Suite 200. Miami. Florida 33166. Notice shall include the identif cauon number of each affected grant; (f) Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate'personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b). (c). (d). (e). and (f). B. The applicant may insert in the space provided below the sites) for the performance of work done in connection with the specific cooperative agreement: Place of Performance (Street address. city. counn•, state. zip code) Check O if there are workplaces on file that are not identified here. The regulations provide that a recipient that is a State may elect to make one certification in each Federal fiscal sear. A copy of which should be included with each application for ONDCP Funding. DRUG -FREE WORKPLACE (RECIPIENTS WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988. and implemented at 21 CFR Part 1404 Subpart F. A. as a condition of the cooperative agreement. I certify that I will not engage in the unlaufW manufacture. distribution. dispensing . possession. or use of a controlled substance to conduction any acu%in• with the grant. and B. If convicted of a criminal drug offense resulting form a violation occurring during the conduct of any grant activity. I will report the conviction in writing, within 10 calendar days of the conviction, to: The Assistance Center, 8401 Northwest 53rd Terrace. Suite 200, Miami. Florida 33166. 4. CERTIFICATION REGARDING FEDERAL DEBT STATUS (OMB Circular A -129) The Applicant certifies to the best of its knowledge and belief, that it is not delinquent to the repayment of any federal debt. S. CERTIFICATION REGARDING THE NONDISCREVMATION STATUTES AND 11UPLEMENTING REGULATIONS The applicant certifies that it will comply with the following nondiscrimination statues and their implementing regulations: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000D er seq.) which provides that no person in the United States shall, on the ground of race, color. or national origin, be excluded from participation in, be denied the benefits of. or be otherwise subjected to discrimination under any program or activity for which the applicant received federal financial assistance. (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance: (c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1981 et seq.) which prohibits discrimination on the basis of sex to education programs and activities receiving federal financial assistance: and (d) the Age Discnmination Act of 1975, and amended (42 U.S.C. 6101 et seq.) which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance, except that actions which reasonably take age into account as a factor necessary for the normal operation or achievement of any statutory objective of the project or activity shall not violate this statute. i FT As the duly authorized representative of the applicant I hereby certify that the applicant A ill comply with the above certJficauons. 1. Grantee Name and Address: South Miami Police Dept. 6130 Sunset Dr. South Miami, FL 33143 2. Application Number and/or Project Name:_ _ South Dade Drug Task Force 3. Grantee IRSNendor Number: 4. Typed Name and Title of Authorized Representztive: Rafael P. Hernandez, Jr. 5. Signature Chief of Police 6. Date: d DISCLOSURE OF LOBBYING ACTIVITIES App--W Wf _ w..�o.. Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disdosureJ 1. Type of Federal Action: T. Status of Federal Anion: 3. Report Type: ® . contract a. bid/offerrapplication .7 a. Initial }!ling b grant b. Initial award b. material change c. cooperative agreement d. loan c. post -award For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: S. If Reporting Entity in No. 4 is Subawardee. Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Ter , if known: Congressional District, if known: S. Federal Department/Agency- U.S. Justice Dept. — HIDTA & Federal Action Number, if known: 10. a. Name and Address of Lobbying Enti lrf individual, last name, first name,j); N/A Congressional District. if known: 7. Federal Program Name/Descriptiom CFDA Number, if applicable: HIDTA 9. Award Amount. if known: S b. Individuals Per(onnin6 Services lrncludina address J different ham No. IOaJ flast name, first name, Mir N/A 11. Amount of Payment (check all chat apply)= L103 f Payment Type yment ( check all that apply): $ ❑ actual ❑ planned retainer 12 Form of Payment (check all that a / )• onetime fee N/A PP Y • commission ❑ a. cash contingent fee ❑ b. in -kind: specify: nature N/A deferred value other, specify: 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s). or Memberls) contacted. lot Payment indicated in item 11: No lobbying activities 1S. Continuation Sheet(s) SF• .U.A altacbed; p Yes^ 1 fit Yd.n.....� •.•r..•• r r...„/, 'NNW town is .tetrw nm nM rhd.uw. of rwA.••twl br ort a1 usG l.n or.w .ws� wi1w� W+�i �w s a Memo*" wpow�+r.. �•� tr Mar art aa•t• .*.e at.. •...Mow w wort 4W wwowr 6MM -nW _- _ 11 ULC 1117. 1d1• Iwlmpwor.w . 0 b. _ r �i vwv f r w�M,./ a 11•. �w wit wrdV MW -d `wwaWt 4t prie i.w�mow� ,yr ^.w •AM I.i4 1• Fit •At veered &"W. rr tr �.et tt •dui f tO.woO and ww wmoi. M 11edan let •..Ck MM* 1ii•.` � www 1•M ••UI ® No RITZ, Z17"d ME MIILWOP.Ia�llm • '• �- � A•el•..la.r � Deal iY �yliiN w.Tt far•imd F••w - Lu, INSTRUCTIONS GENERAL For those initiatives that contain office leases, utilities, or service contracts, the following must be provided: 1. For leases and contracts, a copy of the lease or contract must be provided. 2. For utilities, the "TOTAL PAGE" indicating the amount of the bill for each month of the year for each type of utility must be included. All requests must reflect the following: How does this item help to support the strategy Why is it needed ONDCP and OMB A -87 guidelines are to be followed. PERSONNEL REGULAR TIME List each position by title and name of employee, if available. Indicate whether or not the person is collocated with the grant.. Show the annual salary rate to be paid during the grant year and the amount of hours that will be devoted to the project. All personnel paid with federal grant funds should show 2,080 hours devoted to the projected if they are full -time. If part-time, indicate the number of hours to be worked. Fringe benefits should be based on actual known costs or an established formula. After the information for each person has been entered, create a "TOTAL" row in column A. Total the TOTAL SALARY and TOTAL BENEFITS columns and place these amounts in the TOTAL row. Provide a narrative to justiffil each entry•. PERSONNEL OVERTIME For each person scheduled to work overtime, enter their respective name, position, amount of hours to be worked, and the overtime rate.. The overtime rate is generally 1 1/2 times the regular rate. Calculate the O.T. SALARY column by multiplying the amount in the HOURS column by the amount in the OVERTIME HOURLY RATE column. This can be accomplished by creating a formula in the O.T. SALARY column. Calculate the amount of fringe benefits based on the payment of overtime salary. Calculate the FICA column by multiplying the O.T. SALARY column by 7.65% Calculate the RETIREMENT column by multiplying the O.T. SALARY column by the retirement rate. Enter other costs related to fringe benefits based on the payment on the payment of salan• in the OTHER column. Calculate the fringe benefit for each person by adding the FICA, RETIREMENT, and OTHER columns. Place this amount in the TOTAL FRINGE column. TRAVEL Enter the person (if known) or type of person in the PERSON column. Enter the purpose of travel in the PURPOSE OF TRAVEL column. Enter the number of people who will be traveling in the NUMBER column. Enter the place of training in the LOCATION column.. Enter the forecasted airfare in the AIRFARE column. Enter the forecasted hotel rate in the HOTEL column. Enter the per diem rate (as determined by your agency) in the PER DIEM column. Enter the proposed time frame of travel in QUARTER 1, QUARTER 2, QUARTER 3, or QUARTER 4 column. Total the travel by placing the sum of the AIRFARE, HOTEL, PER DIEM, and OTHER columns in the TOTAL column. Create a total row by placing TOTAL in row A after the last entry. Add each row of the TOTAL column. Place the total in this row. Provide a narrative to justify each travel entry. FACILITIES Place a detailed description of the item in the DESCRIPTION column (this must include the square footage of the office and the cost per square foot). Place the monthly rate in the MONTHLY RATE column. Place the number of months of the item in the # MONTHS column. Calculate the total cost by multiplying the MONTHLY RATE column by the 4 MONTHS column. z Calculate the O.T. SALARY column by multiplying the amount in the HOURS column by the amount in the OVERTIME HOURLY RATE column. This can be accomplished by creating a formula in the O.T. SALARY column. Calculate the amount of fringe benefits based on the payment of overtime salan•. Calculate the FICA column by multiplying the O.T. SALARY column by 7.66% Calculate the RETIREMENT column by multiplying the O.T. SALARY column by the retirement rate. Enter other costs related to fringe benefits based on the payment on the payment of salan• in the OTHER column. Calculate the fringe benefit for each person by adding the FICA RETIREMENT, and OTHER columns. Place this amount in the TOTAL FRINGE column. TRAVEL Enter the person (if known) or type of person in the PERSON column. Enter the purpose of travel in the PURPOSE OF TRAVEL column. Enter the number of people who will be traveling in the NUMBER column. Enter the place of training in the LOCATION column.. Enter the forecasted airfare in the AIRFARE column. Enter the forecasted hotel rate in the HOTEL column. Enter the per diem rate (as determined by your agency) in the PER DIEM column. Enter the proposed time frame of travel in QUARTER 1, QUARTER Z, QUARTER 3, or QUARTER 4 column. Total the travel by placing the sum of the AIRFARE. HOTEL, PER DIEM, and OTHER columns in the TOTAL column. Create a total row by placing TOTAL in row A after the last entry. Add each row of the TOTAL column. Place the total in this row. Provide a narrative to justiA, each travel entry. FACILITIES Place a detailed description of the item in the DESCRIPTION column (this must include the square footage of the office and the cost per square foot). 1 Place the monthly rate in the MONTHLY RATE column. Place the number of months of the item in the # MONTHS column. Calculate the total cost by multiplying the MONTHLY RATE column by the # MONTHS column. Place this amount in the TOTAL COST column. After the last entry create a total row. Place TOTAL in column A. Add each row of the TOTAL COST column and place this amount in the TOTAL row. Provide a narrative to justify each entry. SERVICES Enter a detailed description in the DESCRIPTION column Enter the quantity to be purchased or the number of months to be used in the QUANTITY OR # OF MONTHS column. Enter the monthly rate or individual cost in the PRICE EACH OR MONTHLY RATE column. NOTE: THE CELLULAR PHONE RATE IS ESTABLISHED AT 5125 PER MONTH PER PHONE. Enter the total for each item in the TOTAL column. After the last entry, create a total row. PIace TOTAL in column A. Add each row of the TOTAL COST column and place this amount in the TOTAL row. Provide a narrative to justify each entry. EQUIPMENT Enter a detailed description in the DESCRIPTION column. Enter the type of equipment in the TYPE column. This can be found in the CHART OF ACCOUNTS under EQUIPMENT. Enter the amount to be purchased in the QUANTITY" column. Enter the purchase cost (including freight/shipping) in the COST PER ITEM column. Total each row by multiplying the QUANTITY column by the COST PER ITEM column. Place this amount in the TOTAL column. After the last entry, create a total row. Place TOTAL in column A. Add each row of the TOTAL column and place this amount in the TOTAL row. Provide a narrative to justify each entry. SUPPLIES Enter a detailed description in the DESCRIPTION column. Enter the quantity to be purchased or the number of months the items will be purchased in the QUANTITY OR # OF MONTHS column. Enter the price of each item or the monthly rate in the PRICE EACH OR MONTHLY RATE column. NOTE: THE RATE FOR FUEL 1S ESTABLISHED AT 5150 PER MONTH PER VEHICLE. Enter the total for each entry in the TOTAL column. After the last entn•, create a total row. Enter TOTAL in column A. Add each row'of the TOTAL column and place this amount in the TOTAL row. Provide a narrative to justify each entn•. OTHER COSTS Enter a detailed description in the DESCRIPTION column. Enter the quantity or number of months in the QUANTITY OR # OF MONTHS column. Enter the price of the item or the monthly rate in the PRICE EACH OR MONTHLY RATE COLUMN. Place the total for each item in the TOTAL column. After the last entry, create a total row. Enter TOTAL in column A. Add each row of the TOTAL column and place this amount in the TOTAL row. Provide a narrative to justify each entn•. 7 CHART OF ACCOUNTS CODE DESCRIPTION PERSONNEL Regular Time Base Pay, Vacation. Holiday Fringe Benefits FICA. Retirement, Health. Life. Dental. Uniform, Other Fringe Benefits PERSONNEL Overtime Overtime Pay Fringe Benefits FICA, Retirement, Other fringe benefit costs based on salan- TRAVEL Operational Interview Witnesses Operational/Managerial Meetings Seminars, Conferences Costs of travel to attend seminars /conferences Training Costs of travel to attend training classes Local Cost of local travel to attend meetings FACILITIES Lease of office space Utilities (electricit-,,, water. sewer, garbage, telephone) Repairs/Improvements/Upgrades Janitorial services Alarm services SERVICES All lease /rental of equipment Cellular Phones, Pagers, Radios, Copiers, Vehicles, Computers AudioNisual/ Telephones Consultants Computer (planning, installation) Of CHART OF ACCOUNTS CODE DESCRIPTION Investigative Litigation SERVICES Contractual Services (cont.) Insurance Airplane, Vehicle, Professional Repairs/Maintenance All except facility Service agreements Training/Tuition Tuition charges, books, supplies Photo Processing EQUIPMENT Purchase of Equipment Communications Audio Telephones Cellular Phones Pagers Radios Office Furniture Computer Work Stations Office Furniture Equipment Computers and accessories Copier Fax Machines Other (e.g., shredders) CHART OF ACCOUNTS CODE DESCRIPTION Surveillance Electronic Specialized audiottelephone equipment Lens Night vision Scopes Night scopes' Pen Register Automatic dialed number recorder Photo Photo Cameras Lens and associated equipment Vehicles Vehicles Purchase of vehicles, vans, airplanes, boats, motorcycles Other Accessories for vehicles Video Video Camera Video camera Infared Infared/night vision camera Lens Microwave Monitor Video Monitor Transmitter VCR Other Pinhole Video and Lens SUPPLIES Books Purchase of books, directories Subscriptions to journals. etc. CHART OF ACCOUNTS CODE DESCRIPTION Computer Software purchases and updates Computer paper, toner, & related supplies Analytical . Specific analytical supplies Office Paper, pens, pencils, copier supplies Photo Film, pens, pencils, copier supplies SUPPLIES Vehicles (cont.) Fuel, lubricants, repair parts Uniforms Uniforms, safety glasses, riot equipment Postage Purchase of stamps Other Costs Purchase of Information- Freight/Shipping Items not covered elsewhere h b 0 01 rtww Hm rt, m n rt n n A) F'• 0 0 O O ►� tl N•0 ww Ol Pi ti C . 44• W H aw W lD N �n J 0 U1 U1 op. �j z� N 0)01N w vvm o rt rt LO (t rt, r(D r In En m Cl) En 000 00 1 1 I I N 01 N N N O O O O O O O Co O O Cl O O O N N W N N Ol 0 W ON 00 to 44• W H �P N W lD N W 00 J N N U1 U1 op. �j 0 I'D N 0)01N SAN lD co J N W 00 00 m 0 OP O O U1 N N l] lA W U7 F- F-' N W U1 —I 00 0 �G m 0 O O O �A F- H W N) 0. vv lD kt� 0 Jb. N N N 0 0 0 N O t- W W N -] m O 0 00 Ol 0000 00 x xx �� xx xx U) o in in o I I O o 0 0 pl 0 I I O O O P- (D P- N H. 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(n (D F'• O En ll$ 60. tit Ct in N O O N• O In n m O m ro I n (D i— K O rr Ef) w 1—' H. (D N LA.) W x Ln N Ln N tD N N N 1 W Ha Ln N Ln tD O U7 N O O O O O O W Ha Ln N N O O 60. O O O O O O li H 0 ft jai ro c n n n 0 r-n rn 0 n w P- 0 U 0 0 N P� 0 0 0 0 cn Ln ft I 0 0 0 0 0 0 SOUTH FLORIDA HIDTA FY 97 BUDGET SUMMARY PERSONNEL FRINGE OVERTIME TRAVEL FACILITIES SERVICES EQUIPMENT SUPPLIES OTHER TOTAL $57,698 21,016 75,298 6,840 20,400 19,600 2,650 8,480 5,000 $ 216,982 9 i' 7 7 I '1'o : From: Mayor Commission Dennis n; i W City Manager CITY OF SOUM NIMAI IMTER-OFFICE HM-40RIUMUX Date: Feb. 4, 1997 Re: Agenda Item Commission meeting February 18, 1997 Re-Clay - City Baseball Fields ------------ Funds were allocated in the 1996-1997 budget to re-clay the City of South Miami Parks & Recreation Baseball fields. Florida Silica Sand Inc., was the lowest bidder of $1,700.00 for 100 tons of red clay. The expenditure will be paid from account It 2000-4620. The verbal bid-, were as follows: Florida Silica Sand, Inc. - $17.00 per ton, delivery included, Contact person Mr. Bruce Bates, 691-5881, Fred Renuad Inc. - 18.00 per ton, a. minimum of 25 tons, Contact person Rick Bilker, 1-407-636-5301, Pebble Junction Inc. - $24.55 per ton, delivery included, Contact person Mr. Joe, 1-800-541-8996. I recommend approval. ".: \.jxfoco\cl i.y. con'," n I: km -)'I I RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH FLORIDA 5 SILICA SAND, INC.,TO PROVIDE RED CLAY FOR THE CITY'S 6 BASEBALL FIELDS, AND DISBURSE PAYMENT NOT TO EXCEED $ 7 1,700.00 FOR THIS SERVICE FROM ACCOUNT # 2000- 4620. 8 WHEREAS, pursuant to the 1996 - 1997 Budget of the City of 9 South Miami, Florida, the City Parks & Recreation Department is 10 authorized to maintain all Baseball fields located within the City; 11 and 12 WHEREAS, pursuant to Article III, SECTION 5 (H) OF THE CITY 13 CHARTER which requires competitive bids from at least three 14 different sources of supply, the Parks & Recreation Department 15 obtained verbal bids from Florida Silica Sand, Inc., $1,700.00, 16 Fred Renuad Inc., $ 1,800.00 and Pebble Junction Inc., $ 2,455.00. 17 WHEREAS, as a result of the bids received, the Administration 18 of the City of. South Miami recommends Florida Silica Sand, Inc.,to 19 provide this service at a cost of $1,700.00 for red clay. 20 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA: 22 Section 1. That a purchase order is awarded to Florida 23 Silica Sands, Inc., in an amount not to exceed $1,700.00 for red 24 clay for the City Baseball fields. 25 Section 1. This resolution shall take effect immediately 26 upon approval. 27 PASSED AND ADOPTED this day of February , 1997. 28 ATTEST: APPROVED: 29 30 CITY CLERK MAYOR 31 READ AND APPROVED AS TO FORM: 32 33 CITY ATTORNEY 3 4 a: \res.clay.flasilica 9 TO: FROM: CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM Mayor and ' Commission DAT L. City Managerj1 E: February 12, 1997 Agenda Item # Commission Meeting, 2/18/97 Authorization to Repair Trash Truck #21 -44 The attached resolution addresses a request to repair vehicle #21 -44. The trash collection truck is an integral part of the fleet and is in need of body work to correct safety concerns. The cost of the repair work will be $2,343.00 and can be paid from account number 1760- 4680, "Maintenance and Repair - Outside Services." 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 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 THE SUM OF $2,343.00 FOR REPAIR OF TRASH COLLECTION TRUCK 921 -44 AND CHARGING THIS DISBURSEMENT TO ACCOUNT NUMBER 1760 -4680, "MAINTENANCE AND REPAIRS- OUTSIDE SERVICES." WHEREAS, the City provides for trash collection for its citizens, and; WHEREAS, the mentioned vehicle is serving the City well and is need of body work, and; WHEREAS, this vehicle is an integral part of the function of the trash collection fleet, and; WHEREAS, the Public Works Department has identified a local body shop to perform the necessary repair work. 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 vehicle #21 -44. Dream Team Paint and Body Shop $2,343.00 American Truck Crane, Inc. $2,480.00 Truck City Body Corp., Inc. $2,490.00 Section 2. The City Manager be, *and is hereby authorized to disburse the sum of $2,343.00 to Dream Team Paint and Body Shop. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY day of 1997 APPROVED MAYOR ii FRDN APIERICAN TRUCK CRANE P -- • NOtE N0. 30588763 ©3 Jan. 27 1997 12:37PM PS Lj 1 .w•MOVnPITW M H07.0 r0d s1 I >1la Yl 7T100•D•YUE C^•••4+. AMERICAN TRUCK CRANE, INC. 9630 NW South River Drive MEDLEY, FLORIDA 33266 PH: (305) 887.7170 FAX: (305) 887.6303 TO *CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FL 33143 ATTN: PEDRO 'PH: (303)663 -6333 FAX: (305)261-3791 WE AM 1.343 PU&4W W WCATE THE ABOVE NUWS" WHEN OAMM MO guar. ow •n �.sRSO•. 01/27/97 RM wows wn ..ou w. NwIYfN 001 001 U TRUCK: FORD MODEL: F -800 YEAR: 1991 VIM #: 21 -44 REPAIR DAMAGES.TO FRONT HOOD ASSY. REPAIR LEFT SIDE CAB DOOR. REPAIR RIGHT SIDE CAB DOOR. RIGHT SIDE FENDER EXT. LEFT SIDE FENDER EXT. ALIGN HOOD ASSY. PREPARE AND PAINT COMPLETE CAB ASSY WHITE, ALIGN LEFT AND RIGHT' CAB DOORS. PAINT DOOR JAMS. PREPARE AND PAINT FRONT BUMPER CAB ROOF REPAIR RIGHT SIDE PANEL DAMAGE REPAIR PAINT MATERIALS SHOP SUPPLIES ri TOTAL..................I.....�... GAIT TK ADOvu OOOTgrom FOR YOUR Cowmen1Anwt EnD1Aa J V AN DRUM 99 ASSUAW IT VlnU IRCOV1 OUR PA"T ATTENIlON. TH TO "M OCMDITIONi �MTED ON Paver" Mot AND 18 Vi UD FOR J V PRIM THMMUR IT 13 VJBACT TO CIMMp[ MTMIT WMM ACCEPTI10 •�yrf DATE SKIN ANO RETUM YELLOW ACCEPTANCE COPY WHEN OfIDMNM C Yew : -A V -"-,z Ia. -1 ,)!I t 1H .,,- -C la m --ar r M. Crlm*. M, OEM —31 PH= 7i.-OP C) 'ci cn,z, im co-'a. -,7 Co M Z j 0 > Nil 5 Ufa 1-6 cm fop il ?4- UJ gL b--j -� 5g; — SM: 'L 2L A.X mo rm g Y z t-o:� g (A mc�olmo 'P " -4 CA -4 M., 9)1.1. <b I.V r f— m r"�Ar- 11 m -"-,z Ia. -1 ,)!I t 1H 0 a it z W a 0 i v 3 0 } Y a. O V w v w W O T�U�K Estimatej Invoice z - BODY , CITYSAP, 10660 N.W. South River Drive AUTHORIZED BY r Medley, Florida 3317$ LABOR PARTS NAME �-- P�NE f , - Phone: (305) 863 -9208 • Fax: (305)'882 -1700 SUBLET > < WME OF r- TAX AD DE DRESS REGISTRATION NUMBER TO AL w MVR9410136S Iy UE- OFVEHICLE Y MPLAL ODOMETER ;AL VE DENTIF1 O McER j" LICENSE PLATE NO. OF STATE REPAIRS LABOR NEW PARTS SUBLET PARTS /' HOURS OURS 4X D Z2 PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND SIGN: 1 UNDERSTAND THAT UNDER STATE LAW, I AM ENTITLED TO A WRITTEN ESTIMATE, IF A FINAL BILL WILL EXCEED 550.00. ' STORAGE CHARGES: No storage charges shall accrue or be due and payable for a period of three working days from the date you are notified that the work on your vehicle has been complel• ed. After that date, the daily charge for storage of your vehicle will be $30.00. LIMITED WARRANTY: The only warranties applying to the parts installed in accordance with this estimate are those that may be offered by the manufacturer. The seller hereby expressly dis- claims all warranties, either express or implied, including ary implied warranty of merdantab &ry of (imams fa a part cular pur• pose and reiihB assumes. rat authorizes any other person W assurrrj hot it any fabRry in conrKCt on w ds the sale of products or service sold under the terms of this estimate. Seller does not guarantee that the work performed in accordance with this estF male will co,•rect any problems specified on the descriplion of complaint. CANCELLATION OF REPAIR: In the event that a customer camels the repair work, the vehicle shall be reassembled to a con• dtion reasonably similar as when received unless the customer waives reassembly or the reassembled vehicle would be unsafe. The repair shop may Burge for the cost of tear darts, the cost of parts and labor to replace items destroyed by tear down and the cost to reassemble the vehicle. I hereby authorize the above repair work to be done along with the necessary malerial, and hereby grant you and/or your employ- ees permission to operate the vehicle herein described for the put - pose of testing and/or inspection. An express mechanic's Gen is hereby acknowledged on this vehicle to secure I* amount of repairs thereto. You may not be held responsible for loss or clam' age to the vehlck or articles left in vehicle In case of fire. theft, or • ary other cause beyond your control. It it becomes necessary for you to employ a collection agency and /or an attorney to collect this account, I she undersigned agree to pay all court costs plus a reasonable attorney's fee and /or collection agency fee. t •i+ 51 PARTS S HRS. S HRS. 0 S �0 p0 PARTS & MAT. LABOR PARTS LABOR REPAIKS SUBLET PAINT TAX TO AL w G7 , . r• PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW; AND SIGN: I UNDERSTAND THAT, UNDER STATE LAW, 1 AM ENTITLED TO A WRITTEN ESTIMATE IF MY FINAL BILL WILL EXCEED $50.00. O 1 REQUEST A WRITTEN ESTIMATE ---r O I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS-.THE REPAIR COST DOES NOT EXCEED $ THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. O 1 DO NOT REQUEST WRITTEN ESTIMATE DATE Signature Date X FLAT RAT • ' CIRCLE HOURLY RATE ONE BOTH ABOVE S PER ABOVE S ` CHARGE !� ! rOR ESTIMATING CHARGE FOR DISASSEMBLY AND /OR REASSEMBLY S WE CANNOT REASSEMBLE: :ASH HECK j :REDRCARD •i *ONE': • ,jam. l IYES RETURN ' REPlACEO�'• NO PARTS? CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and Commission Date: February 18, 1997 Agenda Item 41-49 From: L. Dennis Whit Subject: Indoor Clean Air Act City Manager G�YYI � This resolution is placed on the agenda at the request of Commissioner Price. This resolution, if approved, will be forwarded to the Florida Legislature, urging them to enact legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return rights to local communities to enact and enforce tobacco related ordinances if they choose to do so. 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, RELATING TO THE FLORIDA CLEAN INDOOR AIR ACT. WHEREAS, cigarette smoking kills more Americans each year than alcohol, cocaine, heroin, murder, car accidents and AIDS combined; and WHEREAS, 28,000 people from Florida die of tobacco caused diseases each year; and WHEREAS, secondhand smoke inhaled by nonsmokers can cause serious health problems, especially among children; and WHEREAS, rates of smoking among children in Florida are increasing, according to the Centers for Disease control and Prevention; and WHEREAS, every 30 seconds a child in Florida smokes for the first time, and one -third of these new smokers will eventually die of tobacco - related diseases; and WHEREAS, the tobacco industry has as its chief legislative strategy the removal of local authority to regulate tobacco; and WHEREAS, citizens in local communities believe they should have the power to protect themselves from secondhand smoke and protect children from tobacco; and WHEREAS, the MAYOR and City Commission of the City of South Miami are seriously concerned about the health hazards of smoking and the use of tobacco by children; and WHEREAS, the current laws of the State of Florida, including Florida Clean Indoor Air Act preempt local regulation of tobacco use; and WHEREAS, the MAYOR and City Commission believe that rights should be vested in local communities to enact and enforce tobacco - related ordinances if they choose to do so. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The MAYOR and City Commission exhort the Florida Legislature to enact legislation to repeal the preemption language in the Florida Clean Air Indoor Air Act and return rights to local communities to enact and enforce tobacco related ordinances if they choose to do so. 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 2. The MAYOR and City Commission strongly encourage other cities and towns in Florida to adopt similar resolutions. Section 3. The City Clerk is hereby directed to distribute copies of this resolution to the Governor and the Lieutenant Governor of Florida, to all members of the 1997 Legislature, and to the Florida Department of Health. Section 4. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR Ch.-386 PARTICULAR CONDITIONS AFFECTING PUBLIC HEALTH F.S. 1993 hospital, nursing home. or other health care facility may be designated as a smoking area if such designation is ordered by the attending physician and agreed to by all patients assigned to that room. (b) Notwithstanding anything in this part to the con- trary, no more than one -half• of the moms in any health care facility may be designated as smoking areas. (3) Ina workplace where there are smokers and non- smokers, employers shall develop, implement, and post a policy regarding designation of smoking and nonsmok- ing areas. Such a policy shall take into consideration the proportion of smokers and nonsmokers. Employers who make reasonable efforts to develop, implement, and Post such a policy shall be deemed in compliance. An entire area may be designated as a smoking area if all workers routinely assigned to. work in that area at the same time agree. With respect to the square footage in any public place as described in subsection (4), this square footage shall not include private office work space which is not a common area as defined in s. 386203(6) and which is ordinarily inaccessible to the public. (4) No more than one -half of the total square foot- age in any public place within a single enclosed indoor area used for a common purpose shall be reserved and designated as a smoking area. This square footage limi- tation does not apply to restaurants as defined in s. 386.203(1)(p). However, such a restaurant must ensure that no more than 65 percent of the seats existing in its dining room at any time are located in an area desig- nated as a smoking area (5) A smoking area may not contain common areas which are expected to be used by the public. ! "NO W .. 5. M &S-W- s. a M 22 -,es. 386M6 Posting of signs. The person in charge of a public place shall conspicuously post, or cause to be posted, in any area designated as a smoking area signs stating that smoking is permitted in such area. Each sign posted pursuant to this section shall have letters of rea- sonable size which can be easily read. The color, design, and precise place of posting of such signs shall be left to the discretion of the person in charge of the premises. In order to increase public awareness, the person in charge of a public place may, at his discretion, also post 'NO SMOKING EXCEPT IN DESIGNATED AREAS* signs as appropriate. s. a dL it maL 386.207 Administration; enforcement; chill penal- ties; exemptions. — (1) The department or the division shall enforce ss. 386205 and 366206 and to implement such enforce- ment shall adopt, in consultation with the State Fire Mar- shal, rules specifying procedures to be followed by enforcement personnel in investigating complaints and notifying alleged violators, rules defining types of cases for which exemptions may be granted, and rules specify- ing procedures -by which appeals may be taken by aggrieved parties. r 4�y� (2) Public agencies responsible for the management and maintenance of government buildings shall report Observed violations to the department.-or division. The State Fire Marshal shall report to the department or divi- sion observed - violations of ss. 366.205 • and •386206 found during its periodic inspections conducted pursu- ant to its regulatory authority. The department or the division. upon notification of observed violations of ss. 386205 and 386.206, shall issue to the proprietor or other person in charge of such public place a notice to comply with as. 386.205 and 386206. If such person fails to comply within 30 days after receipt of such notice, the department or the division shall assess a civil penalty against him not to exceed $100 for the first violation and not to exceed $500 for each subsequent violation. The imposition of `such fine shall be in accordance with the provisions of chapter 120. if a person refuses to comply with ss. 386.205 and 386.206, after having been A ssessed such penalty, the department or the division may file a complaint In the circuit court of the county in which such public place is located to require compli- ance. (3) A person may request an exemption from ss. 386.205 and 386.206 by applying to the department or the division. The department or the division may grant exemptions an a case -by -case basis where it deter- mines that substantial good faith efforts have been made to comply or that emergency or extraordinary cir- cumstances exist. (4) All fine moneys collected pursuant to this section shall be used by the department for children's medical services programs pursuant to the provisions of part I of chapter 391. Womy. --c 7. aL as-mr. & 2 dL as-2n s. i. cn. e9-im. 386208 Penalties. —Any person who violates s. 386204 commits a noncriminal violation as provided for In a. 775.08(3), punishable by a fine of not more than $100 for the fast violation and not more than $500 for .each subsequent violation. Jurisdiction shall be with the approbate county court. Hh"W. -c a dL eb-M. L 7. dL 92-111L' - 388.209 ReWaft- Of srrroldre9 preempted to state. This. part expressly preempts regulation of smoking to the stale and fides wW municipal or county ordi- nance an the subject: - w.r.r. -a 4 UL e15-M. & a dL n-10L 386.211 Public in mass transpor- tation• terminals.— Announcements about the Florida Clean Indoor Air Act shall be made regularly over public address systems in terminais of public transportation carriers located in metropolitan statistical areas with populations over 230,000 according to the latest census. These announcements shall be made at least every 30 minutes and shall be made in appropriate languages. Each announcement shall include a statement to the effect that Florida is a dean indoor air state and that smoking is allowed only in designated areas. may- c s. dL 42-10& �ERICAN SOO� Providing answers. Saving lives. 1- 800-ACS -2345 ISSUE `REMOIIALQF THE PREEMPTION.CLAUSE FROM TH£ PCaR10A CLEAN '. INDOOB.AIR ACT ` POSITION: ACTIVELY SUPPORT BACKGROUND: Florida Clean Indoor Air Act The main purpose of the Florida Clean Indoor Air Act is to protect the public's health, comfort and environment by creating areas. in public places and at public meetings that are reasonably free from Tobacco smoke. Preemption Preemption provisions in state clean indoor air laws and other tobacco measures remove the authority of local governing bodies to pass stronger local ordinances relating to smoking in Public Places. History of the Florida Clean Indoor Air Act The Florida Clean Indoor Air Act ( FCIAA) was passed by the Florida Legislature in 1985, and signed into law by then Governor Bob Graham. It went into effect on October 1, 1985. The FCIAA at that time provided for public places in Florida to be reasonably free from tobacco smoke. It did this by defining public places for the purpose of the Act, and declared all public enclosed indoor areas to be non smoking areas unless they were specifically designated as smoking permitted areas. This early version provided little enforcement power, and therefore was largely ignored. In 1988, the Florida Legislature amended the FCIAA to include enforcement and Rule Making Authority to the Department of Health and Rehabilitative Services and the Department of Business Regulation's Division of Hotels and Restaurants. In 1992, the Florida Legislature amended the FCIAA to provide: • No smoking in Hospitals • No smoking in schools or other educational facilities ,• - 3709 West Jetton Avenue • Tampa, FL 33629 -5146 • (813) 253 -0541 JM1 1i • No smoking in day care centers • Expanding the definition of Common areas • Requiring public announcements in public transportation carriers in metropolitan areas stating that Florida is a clean indoor air state and that smoking is allowed only in designated areas • Specific provisions for all restaurants seating more than 50 people CURRENT LAW RELATING TO THE DEFINITION OF PUBLIC PLACES AND PREEMPTION CLAUSE Current law defines "Public Place" as: enclosed, indoor areas used by the general public, government buildings, public means of mass transportation and their associated terminals not subject to federal smoking regulation, elevators, hospitals, nursing homes, educational facilities, public school buses, libraries, court rooms, jury waiting and deliberation rooms, museums, theaters, auditoriums, arenas, recreational facilities, restaurants which more than 50 persons, retail stores, except a retail store the primary business of which is the sale of tobacco or tobacco related products, grocery stores, places of employment, health care facilities, day care centers, and common areas of retirement homes and condominiums. Current law expressly pre -empts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject. (In other words, cities and counties are prevented from adopting stronger local ordinances than the current State law). ... . ... . " . AMERICAN: CANCER SDCIE7Y POSITIOd <:..Y Establishment of strong public indoor smoking control laws, at the Federal, State and Local levels will protect public health by effectively reducing involuntary exposure to environmental tobacco smoke. The American Cancer Society, Florida Division, Inc., actively supports legislation that will set a minimum standard, at the State level, and allow cities and counties to adopt stronger ordinances to protect the health of nonsmokers by eliminating their exposure to environmental tobacco smoke through enactment of comprehensive smoking restrictions. In summary, the American Cancer Society, Florida Division, Inc., ACTIVELY SUPPORTS removing the preemption clause from the Florida Clean Indoor Air Act. DIVISION CONTACT: Ralph A. DeVitto Vice President of Government Relations 1- 800 -444 -1410 x 401 prempt97.pi November 4, 1996 �� .�h ID To62,L&o -bras F1o" C"Ptioh TOBACCO FACT SHEET Teens 11 *More than 400,00 Americans die prematurely each year due to cigarette smoking. This is 1 out of every 5 deaths in the United States. Each year smoking is responsible for 5 million years of life lost.. #Each day, more than 3,000 young people begin to smoke- that's more than 1 million new smokers each year. Among teens who are regular smokers, 1 in 3 will die from smoking. ♦Lung cancer is the leading cause of cancer deaths for both men and women , blacks and whites. Each year more women die of lung cancer(59,000) than breast oancer(46,000). If we do not prevent tobacco use among our teenage girls, this epidemic will repeat itself in our future generations of women. *The decision to smoke.is nearly always made in the teen years. Among adult smokers, 80% smoked their first cigarette before their 18th birthday -and by this time *50% were already smoking daily. Among high school seniors who use smokeless tobacco, 73% had tried it by grade nine. Costs *Smoking costs approximately $4 billion in Florida each year in increased health cost and lost productivity- that's roughly $300 for every man,,woman and child in Florida. ♦$289 MILLION A YEAR (1992 -93 Florida Medicaid Costs Related to Cigarette Smoking): Costs Related to Cigarette Smoking Add Up! Illness Patients Medicaid Treated Costs Respiratory Disease 30,611 $197,576,872 Lung cancer 1,400 ,181270,702 Other cancers 1,549 17,350,033 Stroke 4,036 42,946,271 Heart disease 1,605 13,2_1_6,7_79 Total 39,201 $289,360,657 Tobacco Sills More Americans Each Year Than. Alcohol, Cocaine; Crack, Heroin, Homicide, Suicide, Car Accidents, Fires, and AIDS combined. Number of Deaths: Tobacco.............. ....................... 434,000' Secondhand Smoke ...................... 53,000' Alcohol (Intl. drunk driving) ............... 105,000' Cocaine & Crack ............................. 3,300' Heroin b Morphine .......................... 2,400' Homicide ....... ............................... 22,000' Suicide.......... ............................... 31,000' Car Accidents ............................... 25,000' Fires............... ............................... 4,000' AIDS............. ............................... 31,000' 'U.S. Centers For Disease Control, 1908 data 'U.S. Environmental Protection Agency, ETS Compendium, 1988 date 'U.S. Centers For Disease Control, 1987 dole 'National Center For Health Statistics, 1988 data 'National Safely Council, 1989 data 'U.S. Centers For Disease Control, 1990 data Causes of Death Tobacco vs. Other Tobacco AIDS Fires Car Accidents Heroin A Morphine Homkide econdhand .'Suicide Smoke Cocaine A Crack Alcohol Smohbee Educellonel Service,, Inc., New Yort, NY rL AMERICAN CANCER SOCIETY rfmcm FLORIDA DIVISION, INC. Pmviding answers savng'im PUBLIC ISSUES FACT SHEET REPEALING PREEMPTION Florida Statute Chapter 386.109, known as the Clean Indoor Air Act, states that no local law may be stronger than the state law regarding the regulation of clean indoor air. This means that no county or city may enact a clean indoor air law that is more stringent than the state law. The Florida Tri- Agency Coalition on Smoking OR Health (comprised of the American Cancer Society, American Heart Association and American Lung Association) actively supports legislation which would allow local governments to pass clean indoor air laws that are stronger than the state law. A survey was conducted in Florida during February, 1996, by Mathematica Policy Research, Inc., and funded by the Robert Wood Johnson Foundation for the Tobacco Free Florida Coalition. Results of poll questions relating to local government control are listed below: 73.5 / % believe that local communities should have the power to pass laws protecting people from second hand smoke in public places. Cities and Counties should have the ability to respond to their citizens' wishes. Variations in local enforcement methods and penalties mirror residents' local priorities. 73 .0 % believe that local communities should have the power to pass laws protecting people from second hand smoke in workplaces. According to the Environmental Protection Agency, second -hand smoke causes heart disease and cancer in non - smokers. 72 , believe that local communities should have the power to pass laws protecting • p �0 people from second hand smoke in restaurants. In restaurants, workers are heavily exposed to second -hand smoke and inhale the equivalent of smoking 11 /2 to 2 packs of cigarettes per day. 65.0% believe that local communities should be in control of the laws that affect their health. Tobacco products are a major cause of heart disease, cancer, acute bronchitis, stroke, low birth weight and other aliments resulting in approximately 420,000 deaths a year. Division Contact: Ralph A. DeVitto Vice President of Government Relations 1- 800 - 444-1410 x401 PRENUvIFFSTI November 4, 1996 /0 CITY OF SOUTH MIAMI Q INTER - OFFICE MEMORANDUM To: Mayor and Commission Date: February 18, 1997 Agenda Item # From: , Dennis Whitt yjn Subject: American Airlines Strike City Manager This resolution is placed on the agenda at the request of Commissioner Price. This resolution urges American Airlines and the American Airlines Pilots to negotiate and resolve their mutual labor issues to the mutual benefit of tte entire Dade County community. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, URGING AMERICAN AIRLINES AND THE AMERICAN AIRLINES PILOTS TO NEGOTIATE AND RESOLVE THEIR MUTUAL LABOR ISSUES TO THE MUTUAL BENEFIT OF THE ENTIRE DADE COUNTY COMMUNITY. WHEREAS, American Airlines, Staff and dedicated and qualified Pilots have been discussing and debating various labor issues; and WHEREAS, the discussions thus far have not produced an accord on those issues; and WHEREAS, the Tourism Industry and American Airlines are vital partners to the well being of each and every municipality and greater Metropolitan Dade County; and WHEREAS, continued labor strife, which may include pickets, strikes, and labor discord, would result in real and substantial impacts on local tourism and all tourism related economy. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are true and correct. Section 2. The MAYOR and City Commission urge American Airlines and the American Airlines Pilots to continue to negotiate in good faith and to consider their prominence in our community, and acknowledge that continued open discord will negatively impact the economics of our shared communities and greater Metropolitan Dade County. Section 3. We urge our national, state and local leaders to utilize their good offices to facilitate a resolution to these matters which will benefit the shared local economics and communities in Dade County. u� 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 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 APPROVED: VICE -MAYOR , 1997. , t 02111/1997 15:59 305 -821 -5228 RUSS MARCHNER ASSOCI PAGE 01103 February 11, 1997 Dear Board Member; As a reminder, include on your aqenda for your next Commission or Council meeting to pass resolution no.97 -3; the American Airlines and American Pilots' negotiation, and to write a letter showing support, to the Honorable Bill Clinton, President of the United States, White House, 1600 Pennsylvania Avenue, Washington, DC 20500 or Fax to: (202) 456 -2461, and to Robert Crandall, President of American Airlines, 4200 American Blvd., Fort Worth, TX, 76155 Fax: (817) 967 -2752, and to James Sobich, President, Allied Pilots Association, 8600 N.W. 36th Street, Suite 200, Miami, Ft_. 33156. Fax: (305) 513 -6519. Your cooperation in this matter is greatly appreciated. Since; Y, Laura Marchner 02/11/1997 15:59 305- 821 -5228 RUSS MARCHNER ASSOCI PAGE 63103 RESOLUTION NO. 97-3 RESOLUTION OF BOARD OF DIRECTORS OF THE DADE LEAGUE OF CITIES, INC., URGING AMERICAN A]RLMS AND THE AMERICAN AIRLINES PILOTS TO NEGOTIATE AND RESOLVE THEIR MUTUAL LABOR ISSUES TO THE MUTUAL BENEFIT OF THE ENTIRE DADE COUNTY COMMUNITY. WHEREAS, American Airlines, Staff and dedicated and qualified Pilots have been discussing and debating various labor issues; and WHEREAS, the discussions thus far have not produced an accord on those issues; and WHEREAS, the Tourism Industry and American Airlines are vital partners to the well being of each and every municipality and greater Metropolitan bade County; and WHEREAS, continued labor strife,,which may include pickets, strikes, and labor discord, would result in real and substantial'` impacts on local tourism and all tourism related economy. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DADE LEAGUE OF CITIES, that: 1. The foregoing recitals are true and correct. 2. That Board of Directors of the Dade League urge American Airlines and the American Airlines Pilots to continue to negotiate in good faith and to consider their prominence in our community, and acknowledge that continued open discord will RESOLUTION NO. 97-3 021.11:`1'997 15:59 305 -821 -5228 RUSS rl,"PC.HNER ASSOCI PAGE 02/03 negatively impact the economies of our shared communities and greater Metropolitan Dade County. 3. We urge our national, state and local leaders to utilize their good offices to facilitate a resolution to these matters which will benefit the shared local economies and communities in Dade County. PASSED and ADOPTED this day of February, 1997. A'.I'I1:ST: HONORABLE ROY SHIVER DAVID PEARLSON Secretary President APILOVED AS TO FORM: HOWARD B. LENARD_ _. GENERAL COUNSEL • r RESOLUTION NO. 97-3 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM TO: d Commission DATE: February 18, 1997 or FROM: L. Dennis W t* ��W KJECT: A enda Item # City Manager Commission Meeting February 18, 1997 Approval of purchase of street sweeper truck for Public Works --------------------------------------------------------------------------- --------------------------------------------------------------------------- The attached resolution seeks approval of a $55,045.00 expenditure to purchase a mechanical street sweeper truck to replace Public Works' current machine. The 1988 Elgin street sweeper presently in use has reached a point where repair needs have become costly and too frequent. The breakdowns hamper Public Works' city wide street cleaning operation. Funding for this expenditure is included in this fiscal year's budget. The sweeper vehicle is used five days a week (including Saturdays) in the early morning hours. Given.this amount and type of work, the useful life of this type of vehicle is between seven and nine years. The machine used by Public Works is approaching nine years of age. The Tymco 200 model recommended for replacement is a state -of -the -art, compact sweeper used in many operations across the country, including Memphis, San Francisco, and Atlanta. Presently, the City of Naples Airport Authority and the City of Miami Beach are both using these machines effectively. Representatives from these operations are very satisfied with the equipment's performance. In Miami Beach, Tymco 200s perform the challenging task of cleaning South Beach streets each morning. The terrain and litter conditions posed by the beach resembles our cleaning operation in the downtown area. The price quote obtained is from City of Naples' August, 1995 bid. Their bid was slightly lower than ours cost due to the inclusion of several options added to our machine at additional cost. These include a right side gutter broom and an additional water tank to allow for longer sweeping runs. The street sweeping operation impacts highly on the city's image and quality of life. It is therefore important that the availability and effectiveness of the sweeper vehicle is maximized. For this reason, I recommend that the $55,045.00 purchase be approved by the Mayor and City Commission. Attachment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.4 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 THE SUM OF $55,045.00 TO MCLAIN SOUTHLAND EQUIPMENT FOR THE PURCHASE OF A MECHANICAL STREETSWEEPER TRUCK FOR THE PUBLIC WORKS DEPARTMENT AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1730 -6430, "STREETS DIVISION - EQUIPMENT - OPERATING ". WHEREAS, the streetsweeper currently used by the Public Works Department is almost nine years old, and; WHEREAS, due to the nature of the work involved, the useful life of these machines is typically seven to eight years, and; WHEREAS, due to its age, the maintenance and repair costs associated with the current streetsweeper has become excessive, and; WHEREAS, the effectiveness of the City's street sweeping operation requires consistent scheduling and proper equipment, and; WHEREAS, funding for the purchase of a mechanical streetsweeper is provided for in the approved budget for the current fiscal year. 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 a competitive price for a streetsweeper truck based on City of Naples, Florida minimum specification no. EP- 00295 (August, 1995) awarded to McClain Southland Equipment. Section 2. The City Manager be, and is hereby authorized to disburse the sum of $55,045.00 to McClain Southland Equipment. Section 3. That this resolution shall be effective immediately and after adoption hereof. PASSED AND ADOPTED this ATTEST: day of 1997. APPROVED: MAYOR READ AND APPROVED AS TO FORM City Attorney r' --- - --- t3--------------------------------- - - - - -- -- CITY OF NAPLES AIRPORT AUTHORITY 160 AVIATIOr i DRIVE NORTH NAPLES. FLORIDA 33942 (941) 643-0733 - FAX 643 --1084 21 August j 995 Mr. David Lance -RECEIVED Southland quipment Corporation AUG 2 31995 P.O. Box 1046 Bartow, FL 33831 "Y: Dear Mr. Llance: Z 004 This left x will serve as a T - - -_- _ — - - - -- purchase order _or one Regenerative Air Sweeper in accordance with your "yid dated 09 August 1995 in the amount of $52,610.00.. We are a tax exempt facility and our exemption number is 21 -07- 020003 -54C. Please co firm this order and advise us of the delivery date. Thank yc Sincerely, Phillip W. Savko Director f Engineering and Planning ?WS / im•f /z lIY• 11.3 -:Ir 1:3:4 crry GF NAPLES AIRF'C_)R AL)- f- H(DRITY 160 AVIArtori:DRIVE NC)Hrr-•i NtJ­_ES. FI.OPIMA .33942 ,94 ? r Fri -073 + rq Pte. "s• c(11i•t PAVE' 1NLN T SWEEPER QUOTATION Pe-r a#tached specification 10B Naples TOTAL COST Tax Exemption n21 -07- 020003 --54C OPT I0 S Magn a is Pick -Up Bar S 51,250.00 ., onn nn $ 52,160.00 $ 450.00 S X.CCIai Group Sales of- ,Ffor3dat.inc. COMP Y d Southland Eq. Corp. DATE 8 -8 -95 SIGNATURE ANA—. �� LL, 1) 1) j COO FC) V The C'ty of Naples Airport Authority reserves the right to waive any informalities or irregularities and reject any or all p oposals, and to award or refrain from awarding a contr ct. The Authority does give priority'to local firms and disadvantaged business enterprises. /42 U2-g3.97 13:44 ------------------------------------------------------------ Z006 MINIMUM SPECIFICATION AEP -00295 FOR PAVEMENT SWEEPER Diese powered minimum 2.4 cubic yard volumetric capacity - Ali a ea sweeper (with single left gutter broom). it is the intent of these specifications to describe a sweeper in sufficient detail to assure that product reliability, design integrity, tecrhical soundness and sweeping performance is provided. The unit provided shall be new, of current manufacture, and the model shall have to be in production. Bidder shall provide a list of five (5) customers currently using the model. A11 parts not specifically mentioned, which are necessary to provide a compl to sweeper, shall be included in the bid and shall confo= in strength and quality of material and workmanship to wh t is normally provided to the trade in general on a separate page attached to bid. Bidder shall list any compoilients that are not manufactured in the U.S.A. The it shall be delivered Completely assembled, serviced and r ady to operate. The bidder shall have a qualified_____- - __._____.____ serv. e representative in attendance with the sweeper during start up operation to make any adjustments and give instr ctions to assure proper operation of the sweeper. The s eeper shall be warranted to be free from defective mater late als and workmanship for a minimum period of 12 months from of del i.very acceptance. The . u it bid shall be a diesel powered regenerative air or such n type sweeper mounted on a diesel, powered chassis. 1jance to Specifications Any deviations from the specification, or where submitted literature does not fully support the meaning of the speci"ication, must be clearly cited in writing. by. the bidde , but no deviation below "minimum" specifications will be ac epted. Manual s The bidder shall supply one sweeper operatorfs and one sweep Er parts and service manual with each unit. Biddex shall provide operating instruction/ safety/ maint nance procedures on VHS video cassette with the unit. iz 02 03 97 13:45 Paint - Color M The e tire unit shall be painted with manufacturer's stand rd paint applied over a suitable primer: Pick -up head, gutter brooms and vehicle frame shall be painted black PowerlUnit The sweeper power unit shall be a diesel fueled, water cooled, industrial engine. Piston displacement shall not be less than 38.5 hp. Engine shall be 4 cycle and include muffler. Spin -fin replacement type oil filter. 12-volt ignition, electric starter and minimum 25 amp. -alterILator with charge indicator mounted on control console in cah Unit ay share batteries with chassis engine. Unit hall have a replaceable element, heavy duty dry type air cleaner. Mechanical centrifugal type variable speed governor shall be used to control engine speed. Siiita le fuel tank system. for main or auxiliary, engine, if confi ured. Unit o be equipped with electric throttle advance. Engin is to be equipped with high temp and low oil pressure shutd wn system. Hour rdeter Dust geparator Shall [meet Federal, State and Local requirements. Shall Ibe. self-cleaning and shall not plug up with debris. Hoppe size to be approximately a minimum of two and four tenths (2.4) cubic yards volumetric measurement with an opera ing load capacity of not less than 2 cubic yards. /Ot 2 Dumpirg shalt be accomplished by means of hydraulically actua Jehind ed cyl.:.nders causing hopper to tilt up expelling the load the rear wheels. T'ne holpper floor shall have a minimum dLLmping heigat of 60 ". uonoe�j shall be maintained airtight through use of rubber seals or. all doors and openings. Hoppez is to be equipped with a hopper drain system. hydraulic cylinder movement shall be controlled with the use of an electric toggle switch. Hoppez is to be equipped with hopper interior coating. Hoppe screen, if applicable, is to be quick disconnect deaig for ease of maintenance. Blowezl (if Apulicable Heavy duty die cast, wear resistant high strength aluminum allow turbine type open face blower balanced within 4 grams shall e provided to create air pressure and suction with-a minimum of 32.5" diameter. Blower shall be mounted on self aligning anti- friction bearings. Blower shall be driven from PTQ..off auxiliary engine by heavy'" uty power belt which-'-shall be adjustable for tension: Blower housing shall be lined with a bolt -in, wear resistant, replac able .rubber liner for long life. Blower not to! exceed 3000 .RPM to insure smooth efficient perfor ance. Blowerlis to be rubber coated for long service life. Pick-= Head (If Applicable) A spri g balanced all steel fabricated pick -up head with maximun length and width of 78" x 30" shall be provided. The pi k -up head shall have a separate upper and lower chambe where pressurized air is blasted from upper chamber throug an elongated blast prifi.ce to street surface. 02.•O3• 9 13:4 --------------------------------------- � oos Blast orifice flange shall be or bolt -on design so that flan e is easily replaced and shall have slots so that blast orifice gap is easily adjusted without removing pick- up-head from sweeoer. Pick up head shall have a minimum 12 inch diameter bolt on ores ure inlet ring with turning vanes located on left, side of pick -up head. A 12 linch diameter minimum pressure hose attached to the blow r housing shall be provided. A 12 inch diameter minimum suction hose, attached to a quick disc nnect transition at the hopper, shall extend down to the zight side of the pick -up head and shall be attached to the ick -up head suction nozzle zing which shall be cons rutted of 10 gauge steel. Pick up-head shall be equipped with adjustable side mounted with dual integral alloy steel and carbide runners for maxi um pick up ability and long life. Side lates shall have a minimum height adjustment of 4. inch s at the blast orifice. Pick -up head shall be raised. and lowered hydraulically by a = single switch on the control panel. Press re. inlet ring shall be e.quipped with an adjustable press re relief for optimum leaf and light debris sweeping; contr l- shall be.mounted inside cab. Gutter -Broom Left utter "broom -shall have a minimum of a 36 inch diameter. Gutter broom shall be_hydraulic motor driven and shall be positioned laterally 'and vertically by, hydraulic cylin Jer (s) . Gutte broom dowm pressure shall be automatically adjusted I- LO to d by a pressure sensing sequence valve in line with gutteF broom torque motor. Gutter broom shall have lateral flexibility to swing rearward under vehicle chassis when encountering the impact of an immovable object thus avoiding damage to the broom assemlply. AL Zj 13:47 121010 Guttek broom shall be free floating to follow pavement. Gutter broom shall be he'_d in the up and t,anslt position by use of an electric lock valve attachment. Gutter broom shall be controlled from inside the cab by a singlis, electric toggle switch. Work fight shall be supplied to illuminate gutter area For night sweeping. Dust t�ontrol Water S Stem Waterltank shall be a minimum of 25 gallon capacity. Water from tank to be filtered by cleanable filter located betwe n tank and water pump. 12 -volt electric motor dri.ven.pump. Elect is solenoid water control valves shall be cab contr sled. Hand nose Equipment For cl eaning remote areas, an auxiliary hand hose shall be provi ed. it shall be a minimum of - six (6)' inches in diameter, .,LO_fz.et long and have a 40 inch long metal nozzle. operating Controls All o_erating controls for sweeper (except dump control.) shall be mounted inside vehicle cab and readily accessible to thq operator. All main electrical system, i.e., ignition, lights, hydraulic and water shall be separately fused to isolate electrical problems to'fused area and speed service. If applicable, auxiliary engine controls and gauges shall be mounte on console panel and consist of, but not limited to, i.gniti n switch, throttle, oil pressure light, water temperature gauge, and tachometer. Sweeper controls, meters and gauges shall consist of, but not limited to, gutter broom switch, pick -up head toggle switches, work light toggle switches (if applicable), low water light and hour meter. U.• 01)%J7 13 :, --------------- Z011 Dump ontro? shall consist of a single toggle switch. Hopper Liner Manufacturer shall submit any information on -the type of Hopper Liner protection. Stora e and Blower Boxes Manuf cturer shall submit information on Storage Components. Warni�g Lights Bars robe light within cab controls. Bar strobe light is to be equipped with front, side and rear flood lights. vehic a is to be equipped with two (2) rear mounted amber flash r lights. Back-ap Alarm Back p Alarm must met all O.S.H.A. Regulations. Parts and Service De artment Ninety (90) day inspection report for tour (4) year at ro charg a. .The.M nufacturer must maintain'a spare parts inventory for a minim :of seven (7) years from date.of.'delivery. Parts availability must be within 48 hours of order. Option - Magne pick -up bar for Foreign Object.Debris (FOD). /21,4, V•''U3: 97 13.4 SWEEPER MINIMUM CHASSIS SPECIFICATIONS IF APPLICABLE GenerZLI Chassis/cab, shall be a low cab over design with a tilt forward cab. Standard truck cab enclosed and equipped with tinted safety glass all around. Each door shall have roll up windows. Adjustable driver and stationary passenger seat with seat belts Warra ty 16 012 Shall be standard Manufacturer's warranty. ncr Left, operator controlled integral hydraulic power steering. �• : •. Brake •• Service brakes to be .dual circuit, vacuum assisted hydra lic. Front brakes shall be:disc. Rear 'rakes shall be self - adjust drum. mechanical transmission mounted parking brake. cab'. Gauge shall consist of: speedometer, water and fuel (tack optio al) . Warni g lights shall, be supplied for low coolant level, oil and b 1 ttery. 7 172: (13,'97 13: 4 Chass s shall be equipped with fresh air heater, defroster, electric windshield wipers with electric operated washers, two rear view mirrors, one parabolic mirror, dual sun visors. Cab shall have air condition-ing Electric-a-1 Shall consist of two multiple beam headlights with dash beam indicator, instrument panel, taillights, stop lights, front and rear turn signals, and equipped for four way flashing. Taillights, stop lights and signal `lamps may be in combiriation. E Shall be heavy duty 4- cylinder diesel. Glow Plugs shall be optional. Hour meter. Fuel- Manufacturer to specify capacity. 33 ga].1on' capacity Tires and Wheals Heavy duty.first line quality tubeless radial tires carrying full load of sweeper and maximum stability. Wheels to be 6 -hole disc: Transatission • Shall be heavy duty automatic and have indicator 'showing what'<rear the vehicle -is in. Additional Equipmer Air Conditioner. Chass s Hour Meter. izi:I IIieper. doc •F• �9—r Mft-t.a�i n A� ZU13 4W U1.•1.13, 9i 13':49 City i f Naples - Airport Project - Tymco Model 210 Additional Options Price List Amber Strobe Light with Limb Guard $ 200.00 Auto Swee Interrupt (ASI) Back -up Kit $ 1,500.00 Back Pack Storage Box $ 400.00 Bar Strobe tight w/ Flood Lights $ 1,000.00 Deduction Cab -Over Ifxtra Water (45 Gallons) $ 350.00 Cab -Over pual Steering System $ 2,500.00 Dustless C nversion $10,000.00 Dustless C nversion COMBO $12,500.00 RH Gutter room, F1oodLight & Parabolic Mirror $ 2,150.00+ Hopper Inspection Door $ 175.00 zo14 S lard hassis Bid for Project is Isuzu 1995.5 (11,050 GVWR) For Option hassis use the following guide lines from bid price. 1995.5 Isu u NPR (1 , 50 GVW) w /AC /AM -FM Add $11505.00 1995 GM C -30 GAS w /AC /A M $4,745.00 Deduction - - - Also for iesel Aux Engine $2,700.00 Deduction 1995 GMC130 -D Diesel w /AC /AM -FM 1995 Ford F -Super Duty (Diesel) w /AC /AM -FM Prices are subject to change without notice. Subject to availability. F.O.B. Waco, Texas $2,045.00 Deduction Add $2.305.00 /2 U1'U:S-9i 1:5:49 � U1� STATEMENT OF A_ DRUG_FREE_WORKPLACE_SUSiD ESS In I order to qualify as a Drug -Free Workplace business, vendors must certify they: 1. Publish a statement notifying employees that the unlawful man facture, distribution, dispensing, possession, or use of a con rolled substance is prohibited in the Workplace and spe ci-fying the actions that will be taken against employees for vio ations of such prohibition. 2. Inf rm employees about the dangers o-F drug abuse in the Wor place, the business's policy of maintaining a drug -free Wor place, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be .imposed upon employees for drug abuse violations. 3. Givi each employee engaged in providing the commodities or con ractua.l services that are under (yid a copy of the statement spe if.ied in subsection Cl), 4. In the Statement specified in subsection Cl), noti-fy the emp. oyees that, as a condition o-F working on the 'commodities or con ractual services that are under bid, `the •empl•oyee will •abi e by the terms' of the statement and will notify the emp oyer of any conviction o-F, or plea o-F guil.ty or nol.o con ender to, any violation of Chapter 893 or of any controlled sub tance law of the United States or any 'state,' for a .vio aeon occurring in the Workplace no later than -five CS) day after such conviction. S. Imp se a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by'any employee who is so convicted. . 6. Mak a good faith effort to continue to maintain a drug -free Wor I place through implementation of this section. As jhe person authorized to sign the statement, I certify thi� firm complies fully with the above requirements. Bidders Signature that iz U� U3, 9 i 13: 3U 11016 • O b 000000 ►d d ON Ln P N N I-+' N 1 tT t t t 1 1 t N• H O N w000w0 C [i I� W O W Cn m O tD p k O 1 1 1 1 1 t ct to tG to tD t0 %0 to ID Ln td to Ln 0 Ln Ln Cn a rt • w N- w w to w to w p H cn tt Ln to to to 0 m (+ N w NN�rI-'t•+ H rn ID at ON In Ln ut Ln W O }-+ t0 H O co 00 00 -4 Q H co m �- Cn Ut w Cif F-+ coo 0-iQ1-C6 O t1i K z 0. nP:E:r c x ER � ° tr 0rro=roc n ► tS H :J & 71 to c °' (D� to z tn K d. to n �G G � C d m Y• .1 0 O � � H Ib H to tF <Q to kD W tB N VI Ir Cn In -P Ul (� N O 00t -'O0H to F- 'NNQ1CnN H yr zzxzEnz .z NNNNNN N t0 O •W tD N t0 tD C N N N N N N N w pl Ol Ctl V1 al 19p, LA N N N N N N N a✓ > -A V- H h- I1 Y O O 0 0 0 0 0 0 0 r -- -- 02.'0347 -- - --- -- ----------------------------------------------------------- .------------ -C---- -- • • • • QUOTATION CUSTOMER COPY ',,,.•�,,�rDA � ,,,, . ��..G'.:'� MOOD - 12I20I96 � ; F�CP,IIRAT(0N;DA7E P.O. Box 1048 • B=w, FL 33831 •(941 573-9076 • I= (941) 533 -3316 1/20/97 HI FERNANDO. ODREGUIZ ASST DIRE TOR PUBLIC WORK 4795 S W SOUTH MIA 75TH AVE I FL 33155 ENCf;: UNITED STATES N SOLD FERNANDO To ODREGUIZ ': ASST DIRE TOR PUBLIC WORK 4795 S W 5TH AVE SOUTH MIA I FL 33155 NET 25 DAYS UNITED ST TES - 1 _ is , �r r 1. r :.f.., 'r •+., 5.1.x' M1 • t -. s •'f ro fi r ' �w ' 3:' �' ° "� "« � r rL r ..• i . ., i _ �, r C y,, r �'NOW '+'11'10 r' t iMJ 7y'1- r'_•st '.f ,w' , r M.. 1, «� CUSTON1EFi�NO 4�tJ _ QUOTE? SAL'ES:FtEP' 'QT r :� ti :s' n�WI: �, , J •,, t ^,1 .:.5�,- ONTACT r 11 28917500 322 595 LINE NO: r ,,r'•u" r a ,��� ?1 r17 r ... ,.. .,.- .. r ,y AA NU(VISEFi' /,pESCRIPTIO)f ,� j tj; .0 /M v. +, ,;�,r, ,,':QUANTITI(rI �+C ,!. ti—' PRICE ,� �L ,y�,� r:N ALE 3; EP•S,. S EIMOUNT "' F.O.B. SOUTH MIAMI, FL. 8003910 EA 1.000 MODEL 210 AIR SWEEPER 52,170.000 52,170.00 8003830 EA 1.000 ABRASION PROTECT. PACKAGE 210 .000 .00 8003834 EA 1.000 AUTOMATIC SHUTDOWN SYSTEM .000 .00 8003842 EA 1.000 DIESEL AUXILIARY ENGINE .000 .00 8003877 EA 1.000 LINEAR ACTUATOR—THROTTLE .000 .00 8003835 EA 1.000 AUXILIARY HAND HOSE .000 .00 8003838 EA 1.000 BACK PACE BLOWER STORAGE BOX .000 .00 8003845 EA 1.000 DUST CONTROL SYSTEM •000 .00 8003849 EA 1.000 LEFT HANE GUTTER BROOM ' .000 .00 8003875 EA 1.000 HOPPER SCREEN SLIDE —OUT DEIGN .000 .0c I NET SALES TRADE DISCOUNT: , UL %U1 %:11 1J:-1 I0 UU2 QUOTATION.[,.. ; PA (3 .•tip CUSTOMER COPY �" } 12/20/96 2 1/20/97 N NET 25 DAYS CUSTOMER NO.' lop FIM P.O. Box 1048: Bsrtow, FL 93531 -(941)5 -8076 -F=(949=-3316 SHIP FERNIAND RR DREGUIZ TO ASST DIRECTOR PUBLIC WORK 4795 S W 75TH AVE SOUTH MIAMI FL 33155 UNITED STA ES SOLD FERNANDO R DREGUIZ TO ASST DIRECTOR PUBLIC WORK 4795 S W 75TH AVE SOUTH MIAMI FL 33155 UNITED STATES I0 UU2 QUOTATION.[,.. ; PA (3 .•tip CUSTOMER COPY �" } 12/20/96 2 1/20/97 N NET 25 DAYS CUSTOMER NO.' 000.7E' f; SALES 'REP: % t. :�.CONTACC. -_ =: i r` , wjri,_•r 11 28917500 QT 322 595 LINE-NO. ', 1TE 'NUMBER 1. DESCRIPTION , ' U %M: . '::- '..QUANTITYlPRICE, :, r`' rr ':'t;NETtSALESAMQUNT"''i 8003879 RUBBER LINED BLOWER 8004198 REVERSE PICK UP HEAD CHAINS 8003989 1996 ISUZU NPR (12,000 GVW} WITH AC AND AM /FM RADIO 8004178 OPER. TRAI _TNG & SAFETY VIDEO SUBJECT TO PRIOR SALE. ALL APPLIC BLE TAXES WILL BE ADDED TO T IS QUOTE. II I rSALES _1 'ISC. CHARGES EA EA EA EA ,170.00 I TRADE DISCOUNT - 0 0 I'TERMS -DISCOUNT nn 1.000 .000 1,000 .000 1.000 .000 1.00.0 .000 .00 00 .00 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Vic;.E d City Commission Date: October 31, 1996 �kj�� Agenda Item # 13 From: L. ennis Whitt Re: Comm. Mtg. 11/05/96 City Manager Community Services Overlay RE UEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CREATION OF A NEW SECTION 20 -9 OF THE LAND DEVELOPMENT CODE FOR THE ESTABLISHMENT OF AN OVERLAY ZONING DISTRICT IN THE CHARRETTE TOO STUDY AREA, IN ORDER TO PROVIDE FOR THE SPECIAL NEEDS OF COMMUNITY -BASED SERVICE PROVIDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: The following ordinance is proposed to amend the Land Development Code by creating a new Section 20 -7.9, in order to provide for the expansion of facilities under the ownership of local community -based service providers, such as churches, mosques, synagogues or temples. On March 16, 1996, members of the Ministerial Alliance of South Miami met with City staff to discuss possible options to permit parking lot improvements, out parcel development, day care center facilities and building additions for member organizations of the Ministerial Alliance. On July 25, 1996, Reverend Emanuel Whipple, Pastor of Mt. Nebo Missionary Baptist Church and a member of the Ministerial Alliance, submitted a letter to the City Manager, which requests specific changes to the Land Development Code, in response to suggestions made by staff at the March meeting with the Ministerial Alliance and subsequent meetings with Reverend Whipple. Staff discussed three options: a) amendment to the Comprehensive Plan, b) amendment to the Special Use provisions of the Land Development Code, and c) amendment to the Planned Unit Development provisions of the Land Development Code. The letter requests an amendment to the minimum required area for Planned Unit Development applications. Upon consultation with the City Attorney regarding citywide ramifications of such an amendment to the Planned Unit Development provisions, an alternative proposal for an overlay zoning district was formulated. City Manager's Report: Community Services Overlay Ordinance On Monday, October 7, 1996, staff met with Reverend Whipple to discuss his desires regarding future uses at Mt. Nebo Missionary Baptist Church, including special programs and facilities to be operated by a privately -owned corporation, "Destiny Human Services Corporation," which is not church - related or controlled (this corporation is referenced in the attached correspondence). Please, be aware that the proposal discussed in Reverend Whipple's letter includes aspects that will not be owned or operated by Mt. Nebo Missionary Baptist Church. Reverend's letter also refers to programs for troubled youths. Such proposals may be a cause for concern by the local residents who live nearby or next to Mt. Nebo Missionary Baptist Church facility and grounds. The proposed ordinance would not permit new or expanded uses, unless such uses were operated by, and located on property owned by, an existing church, mosque, synagogue or temple within the overlay district. In addition, the ordinance requires applications for uses such as schools and special programs to be reviewed under the special use approval process. This process requires two Public Hearings and final approval by the affirmative majority vote of the City Commission. On January 14, 1997, following Public Hearing, the Planning Board voted 5 :0 to recommend approval of the ordinance as presented. Excerpted, Adopted Minutes (for this item) are attached. RECOMMENDATION: Approval. Attachments: Proposed Ordinance Regarding Community Services Overlay Letter dated July 25, 1996, from Reverend Emanuel Whipple Letter dated May 24, 1996, from Lee Perry, Chairperson, CAA/OCED Letter dated March 7, 1996, from Tony E. Crapp, Sr., Director of OCED Excerpted, Adopted Planning Board Minutes from January 14, 1997 City Manager's Report: Community Services Overlay Ordinance 2 1 I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CREATION 6 OF A NEW SECTION 20 -9 OF THE LAND DEVELOPMENT CODE FOR 7 THE ESTABLISHMENT OF AN OVERLAY ZONING DISTRICT IN THE 8 CHARRETTE TOO STUDY AREA, IN ORDER TO PROVIDE FOR THE 9 SPECIAL NEEDS OF COMMUNITY -BASED SERVICE PROVIDERS; 10 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 11 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, in July of 1994, the community gathered together to 15 set forth a plan for the Charrette Too Study Area; and, 16 17 WHEREAS, the existing semi - public, community -based service 18 provider facilities, such as churches, mosques, synagogues and 19 temples, were addressed in the Charrette Too Study as follows: 20 21 Public buildings are instrumental in creating civic pride. The 22 public buildings of the community (and their grounds) should be 23 welcoming, confident, and well- maintained. The architectural design 24 and siting needs to reflect their permanence and importance to the 25 community.... Civic building sites should be permanently designated, 26 not considered 'anon - conforming uses:' For example, churches should 27 be treated by the regulations as permanent public institutions. 28 and; 29 30 WHEREAS, the Ministerial Alliance of South Miami is a loose 31 confederation comprised of the leaders of the community -based 32 service providers in the Charrette Too Study Area; and, 33 34 WHEREAS, members of the Ministerial Alliance met with staff 35 in March of 1996 to discuss possible options to permit parking 36 lots, out parcels, day care centers and additions on those 37 properties under the sole ownership of community -based service 38 providers, such as churches, mosques, synagogues or temples; and, 39 40 WHEREAS, staff discussed three options: a) amendment to the 41 Comprehensive Plan, b) amendment to the Special Use provisions of 42 the Land Development Code, and c) amendment to the Planned Unit 43 Development provisions of the Land Development Code; and, 44 45 WHEREAS, Reverend Whipple of the Ministerial Alliance 46 submitted a letter regarding a request to amend the Planned Unit 47 Development provisions of the Land Development Code; and, �3 Community Services Overlay Ordinance: 2nd Reading February 18, 1997 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 WHEREAS, upon consultation with the City Attorney, regarding citywide ramifications of such an amendment to the Planned Unit Development provisions, an alternative proposal for an overlay zoning district was formulated, as contained herein; and, WHEREAS, the City Commission desires to provide for the continued viability of the community -based service providers in the Charrette Too Study Area; and, WHEREAS, the Mayor and the City Commission find that it is in the public interest to do so. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. A new Section 20 -9, also known as Article IX and entitled the "Community Services Overlay District," is created as contained in "Exhibit A," which is attached hereto. 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 portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 18"' day of February, 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR c:\ — \ ldc \ C2- Overlay- Ord.doc Community Services Overlay Ordinance: 2nd Reading February 18, 1997 / COMMUNITY SERVICES OVERLAY DISTRICT ARTICLE IX. COMMUNITY SERVICE OVERLAY DISTRICT 20 -9.1 Purpose and Intent It is the purpose and intent of this section to promote the health, safety, community acceptable standards of morals and general welfare of the residents of the City of South Miami through the stated regulations of this section. The Community Services overlay zoning district is intended to provide for the establishment of an overlay zoning district in the Charrette Too Study Area, in order to provide for the special needs of community -based service providers and, specifically, to permit parking lot improvements, out parcel development, day care center facilities and building additions for those properties under the sole ownership of community -based service providers, such as churches, mosques, synagogues, or, temples. 20 -9.2 Applicability The requirements of this Article shall be in addition to other requirements in the City's adopted Land Development Code, and in the case of conflict, the provisions of this Article shall control. 20 -9.3 Boundaries The properties in the Community Service [CS] overlay zoning district are indicated as darkened areas in Figure 20 -9.1 (see attached) and are legally described as follows: Lots 7, 8 and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded in Plat Book 13 at Page 2 of the Public Records of Dade County, Florida; and, Lots 31, 32 and 33 of Block 5, Lots 34, 35 and 36 of Block 6, and the alley lying between Lots 34 and 35, Lot 40, less the west 15 feet thereof, Lots 41, 42, 43, 44, 45 and 46 of Block 7, and 4 feet of the alley lying south and adjacent to Lot 46, Lots 70 and 71 of Block 12, and Lot 87 of Block 15 and 7Y2 feet of the alley lying west and adjacent to Lot 87, less roadway dedications, FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 35 of the Public Records of Dade County, Florida; and, Lots 1, 2, 3, 4, 5 , 6, 9, 10, 11, 12, 13, 25, and 26, RE- SUBDIVISION OF TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 4 at Page 1 of the Public Records of Dade County, Florida; and, Lots 12, 13 and 14 of Block 2, TOWNSITE OF LARKINS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County, Florida; and, the North %z of Lot 5, Lots 6, 7, 8, 9, 10, 11, 12 and 13 of Block 2, and Lot 4 of Block 4, less roadway dedications, AMENDED PLAT OF HAMLET, according to the plat thereof, as recorded in Plat Book 4 at Page 48 of the Public Records of Dade County, Florida. 20 -9.4 Definitions for Section 20 -9 The definitions below, as may be amended from time to time, shall apply to Section 20 -9 only. Other than the revised definitions included in this sub - Section, the definitions provided under Section 20 -2.3 of the Land Development Code are applicable to the provisions of Section 20 -9. Accessory Building. Shall mean a detached subordinate building or portion thereof, the use of which is incidental to and in connection with a principal or main building which is bated- on tl:e sainie lot under the same ownership as the main building. No accessory building shall be permitted which is not leeaied owned in conjunction with a principal or main building. Exhibit A 1 �3 COMMUNITY SERVICES OVERLAY DISTRICT Accessory Use. Shall mean a building or structure, the use of which is subordinate and incidental to the main building or structure, and is '�°�� d-ethe sa�:� ^� pick t' =� building is le -sated under the same ownership as the main building or structure. ., A .•a Adult Congregate Living Facility. Shall mean any building or buildings, section of a building or distinct part of a building, residenee private heme, bear-ding ., 110fil° sar- Elie a, ged of ether plaee, *' :ether operated 4.+r as a non- profit entity ca, which undertakes through its ownership er and management to provide, for a period exceeding twenty -four (24) hours, housing, food service and one or more personal services for four (4) or more adults, not related to the err-ar administrator by blood or marriage, who require such services and to provide limited nursing services, when specifically licensed to do so pursuant to Florida Statutes. A facility offering personal services or limited nursing services for fewer than four (4) adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such services. Church, Mosque, Synagogue Or Temple. Shall mean a formally organized religious entity with ownership of property or properties, a building, a building or other structures, or a group of buildings or structures which by design and construction are intended for organized worship services and commonly related services, such as educational, recreational, and social services, including day care and other community services, which principal facilities and main worship sanctuary structure are located in the Community Services [CS] overlay zoning ig strict. Community Residential Home. Shall mean an establishment .lwellkigr un4 licensed to serve clients of the Department of Health and Rehabilitative Services, which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. Community Service Providers. Shall mean the existing institutions whose main buildings or structures are located within the Community Service [CS] overlay zoning district as of the adoption date of this sub - Section, such as churches, mosques, synagogues or temples. Day Care Center. Shall mean any establishment providing for the daytime care of seven (7) or more children wliieh are n members of gie resident - raaW.,. and licensed by the Department of the Health and Rehabilitative Services. Group Home (See Community Residential Home). School. Shall mean institutions of general education offering kindergarten through 12th grade education or ; eme :.:bstflt; ^'_any portion thereof, including special programs and facilities. Exhibit A 13 COMMUNITY SERVICES OVERLAY DISTRICT 20 -9.5 Development Review Procedures (A) Applicants shall meet in pre- application conference with the Planning & Zoning Division staff to discuss and analyze proposed applications in a non - binding forum. Staff may prescribe special conditions in order to assure the overall compatibility of the proposed uses and physical structures with the neighboring uses and physical structures. (B) Applicants shall submit an application for development responding to the pre - application conference findings in the form prescribed under the provisions of Section 20 -5, entitled Article V Procedures and Applications, as contained in the Land Development Code. (C) Upon receipt of applications for development, the Planning & Zoning staff shall review the application and assure that proposed uses and physical structures are compliant with the purpose, intent and requirements of this article and applicable Code requirements. (D) Upon the staffs determination of compliance with the purpose, intent and requirements of this article and applicable Code requirements by the Planning & Zoning Division, the application shall be reviewed by the ERPB, as regulated by Section 20 -5.11. (E) Applicants shall incorporate ERPB conditions, if any, and apply for all required building, electrical, mechanical, plumbing and utility permits, as regulated by Section 20 -5.13. 20 -9.6 Permitted Uses and Special Uses (A) The uses listed below are permitted by right within the district and are applicable to both new and existing buildings, including accessory structures and accessory uses. Permitted Use by Right Required Parking Spaces Church, Temple or Synagogue 1 per 3 seating spaces Community Residential Home,* 6 persons or less 2 per dwelling unit Day Care Center,* 7 children or more 1 per 250 gross square feet Dwelling, Single - family* Park or Playground, Public or Private 2 per dwelling unit None (B) The uses listed below are permitted via special use approval. Applicants shall follow the procedures established for special uses, as set forth in sub - Section 20- 5.8(B) through (F), and shall follow those procedures for the required public hearings, as set forth in general in sub - Section 20 -5.1 through sub - Section 20 -5.6. Permitted by Special U.se Approval Required Parking Spaces Adult Congregate Living Facility* 2 per dwelling unit Community Residential Home,* 7 persons or more 2 per dwelling unit Counseling Services,* as defined under § 20 -2.3 1 per 250 gross square feet Funeral Home,* per conditions under § 20- 3.4(B)(3) 1 per 300 gross square feet School, Elementary or Secondary* 1 per 400 gross square feet School, Vocational or Special Programs* 1 per 400 gross square feet * under the ownership, management and control of a defined community service provider Exhibit A /3 COMMUNITY SERVICES OVERLAY DISTRICT 20 -9.7 Dimensional Requirements Minimum Lot Size (for srrhdivision onb) Net Lot Area (square feet) 6,000 square feet Frontage (feet) 60 linear feet Required Build -to Lines (for principal structures) Front Street (Address Side) Property Line Side Street (not including alleyways) Property Line Canopies, Awnings and Arcades may project over existing sidewalk areas Minimum Yard Sethacks (for neiv construction Front Street (Address Side) 0.0 feet Side Street (not including alleyways) 0.0 feet Side Street (for alleyways only) 5.0 feet Side (Interior) 7.5 feet Rear (Interior) 10.0 feet Rear Street 0.0 feet ANY SIDE adjacent to a Single- Family Residence 25.0 feet Maximum Building Heigh Stories 2 stories Feet 25.0 feet Maximum Building Coverage (%N 75 percent Maximum Impervious Coverag—e ( %,.) 85 percent 20 -9.8 Parking Regulations Buildings erected, converted, enlarged, reconstructed, moved or structurally altered shall conform to the off - street parking requirements in Section 20 -4.4. 20 -9.9 Signage Regulations The provisions of Section 20 -4.3 shall apply; and, all properties in the Community Service overlay zoning district shall be permitted signage as set forth under sub - Section 20 -4.3 (I)(5). 20 -9.10 Supplemental Regulations The provisions of Section 20 -3.6 shall apply; and, all properties in the Community Service overlay zoning district shall be evaluated under the provisions of Section 20 -3.6 as though the properties were exclusively used for single- family residential purposes. The purposed of this is to provide for visual uniformity with the surrounding single- family residential neighborhood. Exhibit .4 13 M r ■IIt 11no 1 �� Cl���� �� oil all FIGURE 20 -9 -1 Mt. Nebo Missionary Baptist Church 6075 SW 64th Street South Miami, FL 33143 July 25, 1996 Mr. Eddie Cox, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Cox, Telephone 667 -3696 Fax 666 -2483 As representative of the Mount Nebo Missionary Baptist Church and the Churches located in the RS4 Area, of the South Miami Community, I am requesting to be placed on the July 30, 1996 Commissioners Agenda to request that Section 20- 3.4(B)(8) of the Land Development Code be revised, to reduce or eliminate the minimum requirement of 2 acres for application for a Planned Unit Development. The reason for this request is due to some future plans that the Churches have in both developing and enhancing the community as well as bringing some new projects and programs that will benefit and improve the South Miami Community. These projects will consist of the following: 1) An Educational Facility that will be built to on the parcel of land to the East of Mt. Nebo to house such programs as: An educational program for at -risk, low- income children and families from ages new born to Pre -K. An After- School Tutorial Program. A Youth Alternative Program, whereby, we will work in conjunction to the Dade County School Board and the Juvenile Justice System to develop a program to cater to the needs of youth that have been suspended from school, offering an alternative education program, counseling and behavior modification. 43 We are in the process of seeking funding for construction and design of this facility. As an alternative, if we are unable to obtain funding, we will provide an expanded parking area and place portables on the parcel of land to the South of Mt. Nebo to actual house the various projects. Due to the fact that Dade County will be providing this land to us for these various projects, please find enclosed a copy of the letter received to support the enclosed information as well as a letter from South Miami CAVOCED Advisory Committee supporting these plans. Mr. Cox, we would appreciate your assistance with helping us actually expedite the revision of the above mentioned Land Development Code. Sincerely, L4 4�- Emanuel Whipple Pastor/Teacher cc: Mayor Cunningham City of South Miami Vice Mayor Robaina City of South Miami Commissioner Price City of South Miami Commissioner Bethel City of South Miami Commissioner Young City of South Miami /3 COMUNITY ACTION AGENCY May 24, 1996 Reverend Emmanuel Whipple, President Destiny Human Services Corporation 6075 S.W. 64 Street South Miami, Florida 33 143 Dear Reverend Whipplc: ME ADE 111 1'ROPI►LITAN UAI)1,, (MINTY 395 NW IS'l' SITI:1 1' NIIANI1 FLORIDA ;3;31211.16913 (30 5) 3-17-4600 FAN: (;30 5) 372- 137415 This letter acknowledges the support of the South Miatni CAA /O('ED Advisory Committee for the establishment of a daycare center, an alternative program and a senior citizen complex in the South Miami Community by the Destiny Human Services Corporation. Your presentation on May 20, 1996, was thorough and the committee is in full support of your plans. Should you require additional information, please call me at (305) 6674749. Sincerely, ;2cee Perry v Chairperson South Miami CAA /OCI:l) Advisory Committee W i3 ,AETROPOLITAN DADE COUNTY. FLORIDA AETRO-DADE March 7, 1996 pastor Emanuel Whipple Mt. Nebo Missionary Baptist Church 5075 S.W. 64 Street South Miami, Florida 33143 Dear Pastor Whipple: . OFFICE OF COMMUNiTY DEVELOPMENT SUITE 1000 140 WEST FLAOLER STREET MIAMI, FLORIDA 33130.1661 (306) 375.3431 FAX: (305) 375 -3428 This letter responds to your February 18, 1996 letter, which describes extensively the issues discussed during your meeting with Commissioner Reboredo and staff, Ms. Jackson and members of my staff. I have been informed, that it was a very productive meeting. I take this opportunity to let you know that the surveys ordered were delivered to my office promptly. Concerns were expressed during the meeting about the transfer of county -owned parcels to a religious organization. In previous similar occasions, we have been advised by the county Attorney's Office, that it is imperative to separate matters-of Church and State and that the creation of a viable recipient entity must be developed, in order to protect this separation. The reuses proposed in your letter for the eastern parcels, should include the provision of a parking facility to help the traffic flow throughout the neighborhood. The expansion of your Day Care Facility, the creation of an After - School Tutorial Program and the Alternative Education Program proposed, are good ideas that my office will support. < The reuses thought for the southern lots, might require special City approvals given the type of Senior Citizen housing being proposed. It is our understanding, that you, are working with an architect that will provide architectural services to develop plans and specs for all of these programs. Matters relative to re- zoning, variances, etc., are matters that your organization must salve. My office will be responsible for environmental phase i audits and for the preparation of any Board of County Commission (BCC) agenda item(s) necessary in order to achieve the transfer of the parcels. We appreciate your offer to assist in the regular maintenance and upkeep of all of the parcels under transfer consideration. Attached you will find a document that requires your signature, relieving the County of any /all liability resulting from the upkeep /maintenance of these parcels. /3 r DADE COUNIY, FLORIDA METRODE OFFICE OF COMMUNITY DEVELOPMENT SUITE 1000 140 WEST FLAQLER STREET MIAMI, FLORIDA 33130.1681 (306) 376 -3431 Attachment to Letter FAX: (306) 376.3428 March 7, 19% PERMISSION is granted to Mt. Nebo Miss1U[la gpiist.Church to regularly maintain and upkeep the vacant lots East anci�Soutls of the Mt. N+r4c isS onarkl3aptist.Cli , located at 6075 S.W. 64 Street. South Mi mLBDrida, for the purpose of assisting the Office of Community and Economic Development. This permission in granted for a period of one year, beginning ApOLL 1996 thrgugh March 31. 1997, with the following stipulations. 1. Mt. Nebo Missionary Baptist Cl.=& will hold linrmiess Dade County and/or its agents from any and all liabilities arising from regular maintenance and upkeep of said parcels. 2. Mt Nebo Missionary ➢aptist_Chur.Qh, assumes frill responsibility for obtaining any and all permits as required by City and the County. 3. Mt. Nebo Missionary B R ist C11urch, upon vacating the property agrees to thoroughly clean all debris from subject property and leave the properly in .tire same'or better condition than before their arrival. ., Z APPROVED: _ - Pastor Eman el W ip , Representative of Mt. Nebo Missionary Baptist Church APPROVED: Emma D. Glass, OCED Property Management Officer Date Rosendo M. Lopez- Gottardi, Supervisor Date OCED Urban Development Unit Arturo H. Tiger&, Deputy Director Date Office of Community & Economic 1.)evelopment 3 43rch 7, 1996 ,,•�r Page Two r An you know, thara In a Coinnimilly Aatlim i1Unm)y /(,ot ununity Davelopment (0AA -0D) Advisory Board thnt nnnds to hear Abotil your pInnn for ihn nrea, The Advisory Board might hava hoard bafoin nhout your ganaml pInnn, Intl wlthotit Ilin detailed nature of the present proposed reusan. Ragulnr meatingn nin schniltilnd In tlin South Miami Target Area and a presentation before this body will be necoasary In order to Inoceed with your plane. Should you need additional information in reference to any of these Issues, please do not hesitate to contact either Ross Lopez at 644 -5204 or Sidney Beckom at 644 - 52013, respectively. RL:TECsrlgm Attachments c: Arturo H. Tigera Les Green Sidney Beckom Sincerely, ix--� 9. " Tony E. Crapp, Sr., Director Office of Community and Economic Development .,,, IF 13 EXCERPTED MINUTES Planning Board Tuesday, January 14, 1997 City Commissioners' Chambers 7 :30 P.M. I. Call to order and the Pledge of Allegiance to the Flag of the United States of America. Mr. Subrata Basu, Chairperson, called the meeting to order at 7:30 p.m. II. Roll Call. Present: S. Basu (Chair); K. Zeller (Vice- Chair); A. Oliveros; G. Illas; and, A. Dupree Absent: C. Thorner Also present: Bill Mackey, Director, Planning & Zoning; Brian Soltz, Planner; Gregory Oravec, Planning Technician; David Struder, Board Secretary. III. Public Hearings: ITEM: PB -97 -002 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMNIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CREATION OF A NEW SECTION 20 -9 OF THE LAND DEVELOPMENT CODE FOR THE ESTABLISHMENT OF AN OVERLAY ZONING DISTRICT IN THE CHARRETTE TOO STUDY AREA, IN ORDER TO PROVIDE FOR THE SPECIAL NEEDS OF COMMUNITY -BASED SERVICE PROVIDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Illas read the request. Staff presented the application, noting that the proposal contains a new ordinance designed to address special needs of churches and certain other "service providers" of the community, specifically those located in the Charrette II study area. Staff explained that representatives of the churches had approached the City last year, seeking options by which to broaden the services, such as special programs and counseling services, they offer to the community. Staff continued by noting that the City will hold two public hearings on the ordinance, one by the Planning Board tonight and one by the City Commission at a later date, possibly in February. Staff noted that the City Commission will more than likely hold its final vote on the proposed ordinance at the second public hearing. In response to inquiries from Mr. Basu, Mr. Mackey noted the map, Figure 20 -9.1, indicating the parcels involved in this matter. Mr. Mackey further noted that while the new ordinance will not meet all the needs identified in correspondence with the City, the document will provide a vehicle for the approval of certain facilities and services. Excerpted PB Min 01/14/97 11.3 Public hearing was opened. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. Mr. Tucker shared his opinions on how the City and its citizens might proceed in matters such as these where outside entities may be involved, particularly in achieving and maintaining the "community's good ". Ms. Linda Tobin spoke before the Board. Ms. Tobin opened by stating that she would not be opposed to City churches expanding their services to the community. Ms. Tobin indicated that she had questions relating to the language in the document, such as defining the word "church" and including safeguards from "extremists ". Rev. Emanual Whipple, pastor of Mt. Nebo Missionary Church, signed in to speak before the Board. Rev. Whipple stated that he was speaking on behalf of the ministers of churches in the RS -4 zoning district, and he explained that the desire is for the churches to extend their services to the community. Rev. Whipple characterized this desire as a wish to meet the "...total needs of community." Mr. Basu raised the concern of the area to be served by the proposed ordinance. In response, Rev. Whipple replied that the area of service, as it relates to the matter at hand, refers to South Miami only, as opposed to Dade County in its entirety. Public hearing was closed. Following the close of the public hearing, Mr. Mackey reiterated that not all needs, as indicated in correspondence to the City on this matter, are addressed by the ordinance. He explained that the Board may wish to do so in its recommendations. Mr. Mackey stated that staff does recommend approval of the ordinance as presented. In regard to inquiries from Mr. Basu, Mr. Mackey noted that applicability of the ordinance is "property specific ", again referring to the map referenced earlier. Mr. Mackey further noted the uses, Section 20 -9.6, outlined in the proposal that are permitted by right and allowed by special use approval. During further discussion, Mr. Mackey commented that the church properties in question represent "non- conforming" uses, as these properties are zoned single- family residential. Mr. Mackey explained that, in regard to other church properties, such as those along Sunset Drive and Bird Road, they are zoned public institutional and not considered non - conforming uses. Motion: Mr. Oliveros moved approval of the application, as presented. Ms. Dupree seconded the motion. Vote: Approved:5 Opposed:0 Excerpted PB Min 01/14/97 2 /a CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and Commission Date: February 18, 1997 Agenda Item # Subject: Commission Meeting 2/18/97 City Manager Consultant Contract - CRA This resolution approves and authorizes the execution of a consultant contract with Don DeLaney for professional services relating to CRA. Mr. DeLaney will assist the city in its efforts relating to redevelopment, tax increment financing, and other CRA related activities. Mr. DeLaney, has a very successful background in Community Redevelopment. He was the first professional appointed by Governor Chiles to lead the efforts in Homestead following Hurricane Andrew. He was also served as Executive Director of Riviera Beach Community Redevelopment Agency. I am enclosing a packet of information regarding Mr. DeLaney's background for your review. I believe it is critical for the City of South Miami to secure the consulting services of a highly qualified professional who has experience specific to Community Redevelopment Agencies. I believe you will agree that Mr. DeLaney possesses the experience and requisite skills necessary to ensure a successful Community Redevelopment project. I recommend approval. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONSULTANT CONTRACT, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DON DELANEY IN AN AMOUNT NOT TO EXCEED $5,000, FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY REDEVELOPMENT AGENCY (CRA), A REDEVELOPMENT PLAN, TAX INCREMENT FINANCING, AND ACTIVITIES RELATED TO THE CITY OF SOUTH MIAMI CRA. THE EXPENDITURE WILL BE PAID FROM ACCOUNT if 01 -21 -00 -5510 "GENERAL CONTINGENCY." WHEREAS, the Mayor and City Commission have created a Community Redevelopment Agency in accordance with Chapter 163, Part III, Florida Statutes; and WHEREAS, the Mayor and City Commission wish to secure the professional services of a consultant to perform work, necessary related to redevelopment, tax increment financing and other related services as requested by the city; and WHEREAS, Don Delaney, a Consultant with office in Hobe Sound, Florida, possesses the requisite skills, knowledge, expertise and resources to perform these services; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is authorized to execute a contract with Don Delaney for an amount not to exceed $5,000 to provide consulting services in the manner and extent as determined by the City Manager. Section 2. The terms and conditions of scope of services, compensation and method of payment, termination, and other required terms are contained in the agreement attached hereto. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1996. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY /1 AGREEMENT THIS AGREEMENT, entered into on , 1997, between: the CITY OF SOUTH MIAMI, FLORIDA, herein after referred to as "City," and DON DELANEY, a redevelopment and tax increment financing consultant with office located at 8422 S.E. Royal Street, Hobe Sound, Florida 33455, hereinafter referred to as "CONSULTANT." WHEREAS, the City desires the professional services of the CONSULTANT to perform work necessary related to its redevelopment, tax increment financing and other related services as requested by City, and WHEREAS, the CITY desires to create and implement a redevelopment plan with supporting programs and a tax increment trust fund, and WHEREAS, the CITY desires the CONSULTANT to assist in assuring that the CITY complies with all the necessary requirements as set forth in Chapter 163, Part III, Florida Statutes as they relate to tax increment financing, redevelopment plans, and activities, and WHEREAS, the CONSULTANT possesses the requisite skills, knowledge, expertise and resources to perform these services. NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, the CITY and the CONSULTANT agree as follows: 1. SCOPE OF SERVICES The CONSULTANT shall perform the following tasks as directed by the City Manager: A. The CONSULTANT shall serve as the technical expert to review any and all proposals and strategies related to the CITY's efforts. B. The CONSULTANT shall serve in a technical capacity as required regarding the creation and adoption of the official Redevelopment Plan C. The CONSULTANT shall serve as a financial expert regarding all aspects of redevelopment activities as they relate to the establishment of the tax increment financing mechanism and trust fund. D. The CONSULTANT shall conduct a survey to support the CITY's "Finding of Necessity" as part of the statutorily required redevelopment process. E. The CONSULTANT shall prepare any and all resolutions and ordinances necessary for the formal creation of the agency, legal adoption of the Redevelopment Plan, and creation of the tax increment financing mechanism for submission to the City's legal counsel. F. The CONSULTANT shall coordinate activities regarding the Interlocal Agreement between Dade County and the CITY as well as other relevant taxing districts. 14 G. The CONSULTANT shall conduct the statutorily required review to ensure that the CITY's proposed Redevelopment Plan is in compliance with the existing Comprehensive Plan. H. The CONSULTANT shall take necessary steps to amend either plan as directed and coordinate with the Florida Department of Community Affairs to ensure compliance. I. The CONSULTANT agrees to provide additional redevelopment and tax increment services in the manner and extent as determined by the City Manager. 2. TIME FOR PERFORMANCE The CONSULTANT agrees to perform all services in a timely and diligent manner upon execution of this Agreement. 3. COMPENSATION AND METHOD OF PAYMENT All payments will be made pursuant to monthly invoices submitted by the CONSULTANT and will be paid in a timely fashion after receipt and approval by the City Manager. A. Payment of 51,500.00 shall be paid by the CITY promptly upon execution of this Agreement. B. The remaining cost for services is one hundred dollars ($100.00) per hour, which covers the cost of all travel, lodging, and meal expenses, for the completion of the tasks to be performed as assigned by the City Manager. C. Tile cost for services which are performed under this contract shall not exceed five thousand dollars (55,000.00) unless amended to reflect an increase in the total contract amount. d. OWNERSHIP OF DOCUMENTS Reports, services and other data obtained or prepared in connection with the Agreement are and shall remain the property of the CITY. The CONSULTANT shall have the rights to any and all publication efforts resulting from reports, surveys and other data obtained or prepared in connection with the Agreement. 5. TERMINATION This agreement may be terminated by the CITY or CONSULTANT for cause or by the CITY for convenience upon thirty (30) days written notice by the terminating party to the other party of such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date. In the event that the CONSULTANT abandons this AGREEMENT of causes it to be terminated, any application, maps, work products and reports prepared by CONSULTANT pursuant to this Agreement shall become the property of the CITY and shall be delivered by the CONSULTANT to the CITY. G. NON - DISCRIMINATION 1 The CONSULTANT agrees that it will not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex or national origin, and to abide by all Federal and State laws regarding non - discrimination. 7. COMPLETENESS AND ACCURACY OF WORK The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared and compiled under its obligation pursuant to this Agreement and shall correct at its expense all significant errors or omissions therein which may be disclosed. 8. PROJECT i TANAGER The CONSULTANT's project manager under this Agreement is Don DeLaney. The CITY's Project Manager under this Agreement is the City Manager. IN WITNESS WHEREOF, the parties have executed this Agreement as of this date first above written. Don DeLaney, Consultant FOR CITY DATE: WITNESS: FOR THE CONSULTANT: WITNESS: FOR CITY roy1 DATE: STRATEGIC DEVELOPMENT INITIATIVES, INC. 8422 S.E. Royal Street Hobe Sound, Florida 33455 (561) 545 -9297 (phone) (561) 545 -3344 (phone /fax) January 28, 1997 Dennis Whit, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 plc nEF1C�., Dear Mr. Whit: As you requested, I have enclosed a press package, resume and the Homestead Community Redevelopment Agency's first Annual Report which I authored. I can be in the South Florida area and available to meet with you on Thursday or Friday, February 6 or 7 of next week. I will bring a copy of the full redevelopment plan and the TIF bond document that I authored with me to our meeting, and we can review these technical documents in an appropriate degree of detail. As you can determine from the press package, I was the first professional chosen for the team assembled at the request of Governor Chiles to lead the rebuilding of the City of Homestead in the aftermath of Hurricane Andrew. While serving that community, 1 wore numerous hats including registered lobbyist in order to represent Homestead with the County and the State, Director of Downtown Redevelopment, author of the redevelopment plan, lead spokesman in public hearings, and head of the TIF bond team which successfully secured a $4.71 million S&P AA -rated bona. 14 In our phone conversation, you mentioned references regarding my four years in Homestead. I encourage you to call any of the following regarding my tenure there: Tad DeMilly, Mayor of Homestead, (305) 247 -1801 Steven Bateman, Vice -Mayor of Homestead, (305) 247 -1801 Will Rudd, former City Manager of Homestead, (305) 247 -1801 Lawton Chiles, Governor of Florida, (904) 488 -4441 Please let me know if any further references are necessary. I look forward to hearing from you in the near future to arrange a convenient time for a face -to -face meeting. I can be reached at my office (56 1) 545 -3344 or my home (561) 545 -9297 for scheduling. Thank you. Sincerely, Don Delaney President Enclosure FilA l DON DELANEY ADDRESS 8422 S.E. Royal Street Hobe Sound, Florida 33455 Phone /fax: (561) 545 -3344 EDUCATION University of Florida, Gainesville, Florida Master of Public Administration, 1980 University of Florida, Gainesville. Florida Bachelor of Arts, Political Science. 1978 EXPERIENCE Position: President Employer: Strategic Development Initiatives, Inc. Period: February 1992 - present Duties and Responsibilities: SDI, Inc., a private consulting corporation, specializes in serving the public sector and private clients involved in public/private partnerships with an emphasis on public sector finance, growth management and redevelopment. Primary contract is with the City of Homestead. As the first professional chosen on the redevelopment team assembled at the request of Governor Lawton Chiles under the direction of the late James Rouse. I serve as the Director of Development for the redevelopment agency responsible for development and implementation of $54 million of public and private sector investment to rebuild the City of Homestead, Florida in the aftermath of Hurricane Andrew. Responsibilities include creation of overall redevelopment plan; preparation of economic, redevelopment and affordable housing strategies; utilizing tax- increment financing,' enterprise zones, tax credits, and public - private partnerships. Serve as a registered lobbyist for the creation of the CRA and author of the Redevelopment Plan. Represents the redevelopment effort in various public forums. Served as head of the bond team which was successful in launching an S &P "AA" -rated tax increment bond. Negotiates the acquisition and disposition of real estate for redevelopment purposes. Extensive work with community and business groups. Also responsible for comprehensive planning and growth management issues with regard to land uses and permitting. Public presentations to City Council. Resume -- DON DELANEY page I 0 HERO Board of Commissioners. and Dade County Board of Commissioners. Responsible for management of staff and consultants. Serves as liaison and work to support city manager and various department heads. Other consulting services include representing both private and public clients for land use permitting and zoning issues; responsible for preparation and submission of development project proposals. Serves as representative in public forums for presentations to governmental bodies, banking and financial institutions. Also serves as a project manager with other engineering, architectural, and consulting firms with respect to public and private land use issues and other projects. Works to obtain various sources of funding such as CDBG and state CDC funding for public projects. Position: Executive Director Employer: Riviera Beach Community Redevelopment Agency (CRA) Period: January 1987 - February 1992 Duties and Responsibilities: Served under the Agency's Board of Commissioners as the first Executive Director. Designed management structure of organization and recruited professional staff to fill positions. Also responsible for the formulation and implementation of a comprehensive development strategy for the redevelopment area, which is comprised of a total of 705 acres of intracoastai waterfront property, inclusive of state submerged lands. A portion of this strategy includes a Development of Regional Impact (DRI), a capital facilities financing plan for required infrastructure to meet Growth Management concurrency requirements, marina siting element and related permits, and submerged land lease for state -owned lands. Secured and managed funding from various grant and private sources. Serves as chairman of the Selection Committee and heads the negotiating team responsible for a $300 million public/private partnership for the redevelopment of the municipal marina project. Keeps public involved in redevelopment processes, most notably through the directing of an urban design charette as an element of the development of downtown master plan. Also represents the agency by making public speaking appearances. including television and radio, and print media. Responsibilities also included writing of various reports: marketing; monitoring proposed developments for compliance with city ordinances. state statutes and the CRA's Redevelopment Plan: Resume -- DON DFLANEY page 2 conducting development negotiations: reviewing site plans: preparation of budget; manager of agency staff; and administering the overall operations of the CRA. Served as liaison to local community and business groups, banking and financial institutions, as well as other governmental agencies. Responsible for public information and tracking or legislation affecting growth management and downtown development issues. Position: Section Administrator Employer: Florida Department of Community Affairs (DCA) Period: April 1980 - January 1987 Duties and Responsibilities: Assisted in the drafting of the Growth Management Act of 1985 which governs growth management and comprehensive planning in Florida. Reviewed and commented on numerous comprehensive plans. evaluation and appraisal reports, comprehensive plan amendments, concurrency management systems, Developments of Regionai Impact, Areas of Critical State Concern, and other local, regional and state planning issues. Represented DCA in Chapter 120 administrative hearings. Served as the Manager of the State of Florida Enterprise Zone Program, the Community Contribution Tax Incentive Program, and the Community Development Corporation Grant and Loan Programs. Managed Section of DCA responsible for Small Cities CDBG funding for Economic Development projects. Responsible for all aspects of program operations, tax credit review and approval, loan review and budgeting, administrative rules, supervision of program staff, and the preparation of information for legislators and appropriate legislative committees on issues concerning the Section's programs. Served as the Department spokesman in public forums relevant to assigned programs. Resume -- DON DELANEY page 3 /4 OTHER RELEVANT EXPERIENCES AND ACTIVITIES Appointed by the Leon County Commission to serve on the Citizens Advisory Committee. This committee was charged with making funding recommendations to the Leon County Commission for the Community Development Block Grant program. Served as Chairman of the Economic Development subcommittee and as a member of the Steering Committee. (1 9B2 -1983) Served as the Department of Community Affairs representative to the Apalachee Regional Planning Council's Technical Review Committee. The Committee was responsible for review and comment concerning all CDBG grant applications and Developments of Regional Impact (DRI) and various federal funding decisions as well as various other activities affecting the State Comprehensive Planning District II. (1981 -1984) Graduate of "Leadership Palm Beach County," Class of 1991. Recipient of the South Florida Business Journal - Price Waterhouse 1989 "Up & Comers" Award for the category of Community Development (March, 1989). Recipient of a finalist award for the South Florida Business Journal - Price Waterhouse 1988 "Up & Comers" Award for the category of Government (March, 1988). References available upon request. Resume -- DON DELANEY page 4 FINALE — Electrician Jerry Gust tops off Homestead's new town clock with the pilled finial feature. Homestead: New face in' quarter Towering town clock installed By JOANNE KIMBERLIN and we don't want to disturb any Assistant Editor body's sleep." Three times a day, a short mel- There's a new face in Ilome- ody will follow the bongs: noon stead — four actually — and they features the 'Star Spangled Ban - all look just alike. ner; 'Goodnight Sweetheart' fol- "This Is definitely the biggest lows the 8 p.m. sounding, 'Ves- watch I've ever bought," said El- pers' comes at 9 p.m. lees Warshaw, standing in the The carillon can be pro- long shadow of the town's new grammed with up to 250 songs. A 117,000 four -face clock.. number have already been en- it was Warshaw, a consultant tered, including Christmas carols, to the city's community develop- patriotic numbers and other holi- ment office, who signed on the day favorites, In deference to the dotted line as its official receiver. town's Hispanic population, the Considered the centerpiece of Mexican national anthem and the the city's drive to rebuild the im- traditional 'La Negra' will play age of its downtown, the custom. on Mexican holidays. made, cast metal clock arrived New Years Eve is the only Friday and was immediately in- time the 9 p.m. curfew will be ig- stalled just opposite Old Town nored. The strains of 'Auld Lang Hill, 41 N. Krome Ave. Syne' will be heard at the strdk a Ordered four months ago from of that midnight. Verdin Clocks of Cincinnatti, Paid for with tax increment, fi. Ohio, it's the first tangible project nancing (TIF), the total bill, for of the Pioneer Quarter's Main clock, carillon and instal',ation Street program. tallied at around =30,000, TIF "All towns need an old -fash- funds are generated Unrough ioned town square," said Jack property taxes and muss be spent Levy, long -time businessman and to improve the distr i,ct where member of the homestead com- they originated. munity. The whale of a clock — Both Levy and Warshaw are it weighs in at more than 1,GOO quick to give credit to Don Dela. pounds — was Levy's idea, ney, a consultant- who came to "I'd seen clocks like this in oth- town with the E, iterprise Founda. er towns," he said. "I knew tion and stuck around after the Homestead was the perfect place organization's exit. TIF was De- for one." laney's petprgject. The verdis green, 18- foot -tall "The guy' is amazing," Levy clock rises to 21 feet on its pedes- said. "Itc'a a master talent. We tal. The year of homestead's in- never cMnld have afforded this corporation — 1913 — is sten- withoot'1;I17." ciled above each massive face, The quarter's big plans don't which in turn bear the name of end vlAth the new clock, however, the town. A carillon component, Christmas will bring a 40 -foot fir mounted across the street on a tree, decorated with more than Levy -owned building, provides 3..000 lights. Local school children the sound effects. 1.7111 soon be making ornaments The appropriate number of for its massive boughs. bongs will sound every hour on "We hope to draw the people the hour from 7 a.m. to 9 p.m. back to their downtown," War - "The bongs will stop after 9 o',,. Shaw said. "The clock is a won - lock," said Warshaw. "The sound derful focal point, but it's only carries for three or four blocks the beginning." 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'• "`C 7' ' w O? 00 oro'�0dc o � o c d � p � Q-4 (r 7 ro O W o N -1 W ^ N A r�9 G 7 db ^ Tj Q. 7. N !D 7 '.-1 1'n yr ffii n 7 O N ^ ^ �' r�q c ^O .t_'. tw -� 7 ^ y d W rnp E?. n rnot.''O.o r on -fOi OO, w`ea�v`i ru g rvr5o c. ti T :r M= 'a �� 05 = •.LAG' u'°u. w odo0ro�1 <<a y o b o N [7 0^' ° L -in 8^ ro ni N cw° w <° >,dry n� P a w yam w e C, oroia "'�CaG re5p'.1 da C. •o C ^w rwn °OyNSHa�`•t 3 C o O.<< O 5 n V E 0 5 a N 09 N < p S 6 ^� ^ N C. O d •-' N '-� ro a1 w o a w yr w a7o A° n O O m" o 0. 4- "0 � o 5' °e C~+-am to, ro W d N ° groy` d.N." � "a .O N o7 ,� rb 0•b o°^- �b[ 1r�eo� ^,ASroo�n�•�w�•'r^�rro�tA'C'Nv 0 C N N a N 2.'-4 Z n p0.�p "�' n O• •°� a 6 N_ �• /•! ^ n .wy (D d an A❑ O C- W 6 A N 2 ro ro ry ,^ G � yf0 O .-.?1 - d:J ^ b•A a'ro ? n as `< 1 N w !p L° , •o c G rL W b• �� 7'j � ro c O ate'•. d .°.. � G N� a W d ^ ro o n• o a �. Y C^. �. ° re O a G• o y � d . a`g'Q. spy CA W .�. ❑ a n d 7° �• Lr b u.p•a�n'cp• a .°. rsy o qo a d • .� �. C u .O G' _ n ro ro re o n ro o i°.� 5•d ^ w Er -a H 0 T A•AJ -. IP� u /•1 •N .O.d V•d T� .5'� O'V N�V{ 7 t0 L1� H b �� F� O • Vl O 0 V o_ �1 0 c c Z O m co m m CD CD co 00 0 m C7 Z O 0 m Vl Z 0 O m Z --I D �7 m n Z Iq IUZ To: Mayor & City Commission Fro . Dennis i�� City Manager Date: February 14, 1997 Agenda enda Item # * 9, J � Re: Murray Park Master Plan In order to proceed with the Master Plan of Murray Park a current survey is needed. It is necessary because available drawings do not cover all aspects of the park which would also include the newly acquired properties at the South corner. Quotes for the work were obtained from three (3) survey companies. Delta Surveyors was selected with the most reasonable quote and because of their familiarity with the City of South Miami. This cost is in addition to the funds previously allocated for the Master Plan and will be drawn from the General Contingency Fund. RESOLUTION NO. 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 2 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DESIGN OF 3 THE MULTI -USE RECREATION CENTER, AUTHORIZING THE CITY 4 MANAGER TO PAY A FEE TO DELTA SURVEYORS IN THE AMOUNT 5 OF $5,000.00 TO COMPLETE A SURVEY OF MURRAY PARK; THIS 6 SURVEY IS NECESSARY FOR THE COMPLETION OF THE MURRAY 7 PARK MASTER PLAN; THE FUNDS TO BE DRAWN FROM ACCOUNT 8 NO. 2100 -5510, GENERAL CONTINGENCY FUND. 9 10 11 WHEREAS, The City Commission approved Resolution 12 No.205 -96 -9959 which authorized the completion of a master 13 plan for Murray Park; and 14 15 WHEREAS, The Delta Surveyors has been selected to complete a 16 required survey of Murray Park to provide the necessary 17 information needed by the architects to finalize Master Plan 18 of the park. 19 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1 The City Manager is authorized to pay a fee in the 25 amount of $ 5,000.00 to Delta Surveyors. 26 27 Section 2 This disbursement will be charged to account 28 no.2100 -5510, General Contingency Fund. 29 30 Section 3 This resolution shall take effect immediately 31 upon approval. 32 33 PASSED AND ADOPTED this 18th day of February, 1997. 34 35 ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY VICE -MAYOR Ir Y DELTA SURVEYORS. INC. 12888 SW 53RD STREET Ml AMT , FLORIDA 33175 305 -223 -9907 FAX: Janiwry 9, 1997 Office of DevelopmanL City of SOUth Miami 6900 SW 59th Place Ua, Mldrrrl. Florida. 33143 A'ITN: WILLIAM PRATT M.A. , DIRECTOR RE: MURRAY PARK Derr. Mr. Pratt.: In roference to our conversation that occurred on Jar►uary 8, 1997, I hereby offer to perform an As- Built. and Boundary Survey for the above mentioned property for' a lurnp sum of $4,500.00 for the following scopa of worn: A) Boundary survey B) Do legal description of property C) Elevation D) Lora l.e ztruc.t.ures with e 1 evdt i on E) Indicate rtecorded easement per plat. if any F) Vndergr-1Ju,►11 uta 1. ity G) Drawiny with 4 Copley signed and sealer! We have Lorr1.ucted the utilities compar►y for records of underground utilities 1: t.ho refe=renced property and they do not seem to have., sur- ficienr infc-rrnation, I :uggeei: that the drchitectural firm, yourself, and our firm meet at the sate plriorr Lo commencing the survey to be able to resolve some of the questions I might have regarding locating the underground utilities, Sex-vice wi 11 ao soori as proposal is sfolned and faxed to us and shall be cc.,mpletad within 10 working days, weather permitt.in� . -rk yo • V ACCEPTED: Waldo F. PdQz DATE: -PRECISION ENGINEERING-& SURVHNGJNC I :116 () ^ ti.W, t j2isd f:uuri ~Spite 21 ? • mia IT) i,'FL, 33 f11, , DADS COUNTY f3ROWnKts t. LINTY lal: (305) 25S- 13449 ti•1: (�):,a) d:l',- ttl 111 Fax: t.ltl:,i 232.4092 Deecmiscr Sth, 19%, Mr. IU4tuscaual Ucho, Alas A=Wiecturnl iJc -sign COtLSpsilwit N XBMW Awativ, Mi=i, Fl -1-1127 PA, Pmpowd for the Tupugtuphtc and Boundary Survey of the Murtuy Yetk told an Adjacctst City property Dear Mr. UI :IN: Pmt-Won Eagiuuu, ing & Stuvcying, Iuc;. is pleased to submit t his proposal lbr professional Services in conngcdott with can&win a field st:xvey for the Mumy Park and an adjacent City propoTty, SCOPE OF SERVICES: This proposal i,ncludcos tho folluwittg ttcope of wrvtces: 1) Couduot n=irch ofedid Pwk and adjac;aui y:uperty record docuuoc.-niv 2) Cury out a boundwy Nurvey of the enti= park and $t>jtocent prop'. 3) C ny out a complete loposrapwc aucvey or tha eadro 00, including Lbe location of all existing itiftstructure, 1wdscape and above ground ut31ity features, 4) tv'o� a oumpictc: topographic swvoty of th¢ a0joiaing roadways. DEi,,1V RAMPS; The survey will bo subucit. W to ADC on all cacctroWU Autocadd format along with a. signed and staled hwtoopy. SCMDVLE OF COMPLETION: '118 abaro dcssc tw scope of acuviexss will be coltw1uled wttiun 3 working days from notice to procood, baring adv+OrsC Weelher coeditions. FXE: Wa proposo to randor the above dcsoribcd a4vpo of services for a fee of $7,M0.00 (acven thousand dollars). This amount is pavable upon completion of tha ,scope of work described I'Arcin. va" aly, 4N ENGINEBAlSM & SURVEMG, INC. Michael Egbcbike, Praaddcnt We a=ept proWuul, lslw sc comsuocwC wurk irnmedlaudy, Sit3ed. NA= & Title:- CC: Mr, WitUtun Pi2w, NLA. t 8ROofDcvclopmeut, City of South Mitvs+l &W BW 49th tit, South Wanxi, 1'1. 33143 Ar L1EC -, o - E- E. FR I 1 0. 1 0 0 T 0 M F' . C_ -1:2 MANUSEL G, VLERA AND ASSOC., INC. l ENGINEERS • LAND SURVEYORS * LAND PLANNERS MFMSER: FLORIDA SOCIM QF PROFEnIONAL LAND SURVEYORS AmSWCAN CONi'VXSS ON SURMNG & MAPPING (305) 221.6210 Fax: (305) 221.1295 Page 1 of 2 Decertiher..19, 1996 City of South Miami 4795 S.W. 75 Avenue South Miami, Florida 33155 Attn: Mr. Bill Pratt RE: Murray Park As per your request the following is the Scope of Services we pi,np se to provide in realat.ion to the above referenced projc�:t : SCOPE OF SER'VXCES 1. Boundary Survey of Murray Park and vacant lots immediat-!Iy orn.ith and adjacent to the park. Ia. All above ground utilities and improvements on said boundary purvey will be located. 2. PIo.vation3 will be taken as por our discretion. The fee for these sere.. -as will be as follows: THREE, (3) MAN SURVEY GREW: 3 DAYS AT $610.00 PER DAY - $1,8.30.00 CARD DRAFTING: 12 HOURS AT $45.00 PER HOUR - $ 540.00 SUPERVISION: 3 HOURS AT $74.00 PER HOUR - $ 222.nD TOTAL .............. . . . . $2e592,00 ez� Ar 9 o FFZ I 1 0_ 1 1 0T0 r -1 M 11NU4.. L G. `I JI. RA AND ASSOCsy INC. ENGINEERS • LAND SURVEYORS • LAND PLANNERS MEMBER: PI OWASOCIEtY of PROFESSIONAL LAND suRMORS AMERICAN CONGRESS ON SURVEYING & MAPPING (305) 221 -6210 Fox: (305) 221.1295 Page 2 of 2 All costs provided are based on our Firm's contract with Metropolitan Dade County (Contract No. R- 90396, entered on July 18, 1996). Cost rate applicable is at. $610.00 per day. As listed under Section V - Compensation, in Part A, under "Survey Crew (party of three)." Project propc)sed will require approximately three (3) days usincl a crew of three. If this agreement is satisfactory to you, please signify your acceptance by signing in Lhe space provided below and return a signori copy to our office. Sincerely, u" Vane Ver , e de'nt ic-P esi z. BITE Pratt —� A500**0 CITY OF SOUTH MIAMI v INTER - OFFICE MEMORANDUM To: Vice Mayor and Commission Fro : Froe L. Dennis Whitt City Manager Date: February 18, 1997 Agenda Item #A Subject: Commission Meeting 2/18/97 Life Insurance Coverage for Elected Officials This resolution is placed on the agenda at the request of Commissioner Robaina. This resolution will provide for enrollment of the city's elected officials in the city group life insurance policy, and providing for each participating member to pay for their own coverage by payroll deduction for the monthly premium. The City of South Miami currently provides life insurance coverage for all full time employees at a monthly cost of $4.20 per employee. The benefits for the coverage include a life insurance policy of $10,000 and Accidental Death & Dismemberment of $10,000. This would offer this same option for elected officials. 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ENROLLMENT OF THE CITY'S ELECTED OFFICIALS IN THE CITY GROUP LIFE INSURANCE POLICY, AND PROVIDING FOR EACH PARTICIPATING MEMBER TO PAY FOR THEIR OWN COVERAGE BY PAYROLL DEDUCTION FOR THE MONTHLY PREMIUM. WHEREAS, the City of South Miami currently provides life insurance coverage for all its full time employees at the current monthly cost of $4.20 per employee, and WHEREAS, the benefits for the coverage include a life insurance policy of $10,000 and Accidental Death & Dismemberment of $10,000, and WHEREAS, the City Administration has expressed desire to enable the inclusion of all elected officials in the City's group life insurance plan, if they choose to participate, and fully reimburse the City monthly for the premium. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. That the City Manager is authorized to initiate steps necessary to include these elected officials with the same coverage provided to city employees. Section 2. That the City Manager, upon implementation, shall provide enrollment forms to all current elected officials, and that future elected officials shall, upon taking office, be formally provided the option of participating in the plan. Section 3. That each participating member shall fully reimburse the City monthly, in the same manner as followed by city employees. Section 4. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of , 1997. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY 16 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Vice -Mayor and City Commission Date: February 12, 1997 17 Agenda Item #/ or From: L. Dennis Whitt �m'� Re: Comm. Mtg. 02/18/97 CitvManager- Floor Area Ratio Revision REQUEST: AN ORDINANCE OF TIIE MAYOR AND CITY COMMISSION OF, THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.5 G OF THE LAND DEVELOPMENT CODE TO INCREASE THE PERMITTED FLOOR AREA RATIO [FAR] FOR THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT FROM TIC CURRENT 0.25 TO 0.30, IN ORDER TO COORDINATE wIm THE MAXIMUM BUILDING COVERAGE REGULATION OF 0.30; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: Pursuant to the instructions given by the City Commission at their last, regularly scheduled meeting on February 4, 1997, the following draft ordinance is presented for first reading. The proposed ordinance is designed to amend the Maximum Floor Area Ratio [FAR] to coordinate with the Maximum Building Coverage for the "RO" Residential Office zoning district. RECOMMENDATION: Approval to begin the Public Hearing process. Attachments: Proposed, Draft Ordinance for First Reading Marked Photocopy of Page 49 of the L.D.C. City Manager's Report: FAR Revision Ordinance for First Reading 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 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.5 G OF THE LAND DEVELOPMENT CODE TO INCREASE THE MAXIMUM FLOOR AREA RATIO [FAR] FOR THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT FROM THE CURRENT 0.25 TO 0.30, IN ORDER TO COORDINATE WITH THE MAXIMUM BUILDING COVERAGE REGULATION OF 0.30; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 25, 1989, the City Commission of the City of South Miami adopted the Land Development Code which establishes the "RO" Residential Office district and includes dimensional and other standards for permitted development; and, WHEREAS, the City Commission may, from time to time, amend the City's adopted Land Development Code by ordinance; and, WHEREAS, the existing Land Development Code regulations regarding the "RO" Residential Office zoning district, contain provisions, under Section 20 -3.5 G which regulate the Maximum Floor Area Ratio [FAR] and the Maximum Building Coverage; and, WHEREAS, the Maximum Floor Area Ratio [FAR] restricts the potential development in the district to twenty -five (25) percent of the net lot area and the Maximum Building Coverage restricts the potential development in the district to thirty (30) percent of the net lot area; and, WHEREAS, on February 4, 1997, the City Commission directed City Attorney to prepare legislation to address this inequity so that the Maximum Floor Area Ratio [FAR] and the Maximum Building Coverage would be uniformly set at thirty (30) percent; and, WHEREAS, the Mayor and City Commission find that it is in the public interest to make the City's regulations uniform. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: FAR Revision Ordinance: Y Reading February 18, 1997 /I 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 Section 1. Section 20 -3.5 G of the Land Development Code is amended by inserting the number 110.30" to replace the number 110.25" located in the row identified as "Max. Floor Area Ratio" and the column identified as "RO" [found on page 49 of the LDC]. 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 portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of It 1997. APPROVED: VICE -MAYOR c:\ -. \ ldc \ FAR- for - Ro.doc FAR Revision Ordinance: Y Reading February 18, 1997 / ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20 -3.5 G OF THE LAND DEVELOPMENT CODE TO INCREASE THE MAXIMUM FLOOR AREA RATIO [FAR] FOR THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT FROM THE CURRENT 0.25 TO 0.30, IN ORDER TO COORDINATE WITH THE MAXIMUM BUILDING COVERAGE REGULATION OF 0.30; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 25, 1989, the City Commission of the City of South Miami adopted the Land Development Code which establishes the "RO" Residential Office district and includes dimensional and other standards for permitted development; and, WHEREAS, the City Commission may, from time to time, amend the City's adopted Land Development Code by ordinance; and, WHEREAS, the existing Land Development Code regulations regarding the "RO" Residential Office zoning district, contain provisions, under Section 20 -3.5 G which regulate the Maximum Floor Area Ratio [FAR] and the Maximum Building Coverage; and, WHEREAS, the Maximum Floor Area Ratio [FAR] restricts the potential development in the district to twenty -five (25) percent of the net lot area and the Maximum Building Coverage restricts the potential development in the district to thirty (30) percent of the net lot area; and, WHEREAS, on February 4, 1997, the City Commission directed City Attorney to prepare legislation to address this inequity so that the Maximum Floor Area Ratio [FAR] and the Maximum Building Coverage would be uniformly set at thirty (30) percent; and, WHEREAS, the Mayor and City Commission find that it is in the public interest to make the City's regulations uniform. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: FAR Revision Ordinance: Y Reading February 18, 1997 / Section 1. Section 20 -3.5 G of the Land Development Code is amended by inserting the number 110.30" to replace the number 110.25" located in the row identified as "Max. Floor Area Ratio" and the column identified as "RO" [found on page 49 of the LDC]. 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 portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 1997. APPROVED: VICE -MAYOR FAR Revision Ordinance: i° Reading February 18, 1997 c:\ ... \ ldc \ FAR- for- RO.doc /7 REQUIREMENT Min. Lot Size Net Area (sq. ft.) Frontage (ft) ZONING REGULATIONS Section 20 -3.5G DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS RO LO MO NR 20 -3.5 SR GR I 7,500 7,500 10,000 7,500 5,000 10,000 5,000 75 75 100 75 50c 100 50 Min. Setbacks (ft.) Front 25 20 15b 25 10b 20 20 Rear 20 15 10 15 10 15 a Side (Interior) 10 10 10 — — — Side(Street) 20 15 10 15 lob 15 15 Adj. Res. Dist. 25 25 25 25 25 25 25 Side (w /driveway) 20 20 20 20 20 20 20 Between Buildings 20 20 20 — — — — Max. Building Height Stories 2 2 4 2 4 2 2 Feet 25 30 50 25 50 30 30 7vCOellrlage cling 30 — — — — — — ax. Impervious Coverage %) 75 80 85 75 90 85 85 Max. Floor Area i do (FAR) .25 .70 1.60 .25 1.60 .80 .80 a 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall. b Applies to ground floor only; columns are permitted within the setback. Columns shall not be greater than 24 inches in diameter; columns on the property line shall not be closer to each other than 10 feet. The frontage requirement does not apply to uses in the SR District. (Ord. No. 2- 90- 1445,1 -2 -90; Ord. No. 2 -92- 1497,1 -7 -92; Ord. No. 13 -93 -1541, § 1, 9- 17 -93; Ord. No. 23 -94 -1573, § 1, 12- 20 -94) Supp. No. 1 Q CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Vice -Mayor and City Commission Date: February 12, 1997 � AennisWhitl Agenda Item # r8 From: L. �pyv� Re: Comm. Mtg. 02/18/97 City Manager Citywide Cafe Ordinance REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATION OF SECTION 20 -3.3 (E) AND AMENDMENT OF SECTION 20 -7.29 (A), (B) AND (C) OF THE LAND DEVELOPMENT, IN ORDER TO PERMIT OUTDOOR CAFES ON PUBLIC AND PRIVATE PROPERTY FOR ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION OF THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On January 7, 1997, the City Commission instructed the City Administration to formulate a draft ordinance to permit outdoor cafes on public and private property for all business districts within the City, with the exception of the "RO" Residential Office zoning district. Per the Hometown District Overlay Ordinance, the City now permits sidewalk cafes and outdoor dining uses; however, such uses are only permitted at three locations in the Hometown District. Due to the success of the currently permitted sidewalk cafes, mainly located on Dorn Avenue, other business owners and property owners in the Hometown District and in other commercial areas of the City have inquired of the City regarding permitting outdoor cafes at other locations. The proposed ordinance would permit sidewalk cafes and other outdoor seating and dining uses in all of the commercial zoning districts in the City of South Miami with the exception of the "RO" Residential Office zoning district. Sidewalk cafe uses and restaurant establishments are not appropriate for the Residential Office zoning district and are not proposed for this district. In addition, upon review of the concerns raised by local business owners, City Administration is recommending that the current fees for such uses be restructured. Revised fees are included in the proposed, draft ordinance for consideration by the City Commission. RECOMMENDATION: Approval. Attachments: Proposed, Draft Ordinance for First Reading Photocopy of Ordinance No. 9 -95 -1582 City Manager's Report: Citywide Cafe Ordinance I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATION OF 6 SECTION 20 -3.3 (E) AND AMENDMENT OF SECTION 20 -7.29 7 (A), (B) AND (C) OF THE LAND DEVELOPMENT, IN ORDER TO 8 PERMIT OUTDOOR CAFES ON PUBLIC AND PRIVATE PROPERTY FOR 9 ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION 10 OF THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT; 11 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 12 CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, on October 19, 1993, the City Commission voted to 16 adopt Ordinance No. 19 -93 -1545, the Hometown District Overlay 17 Ordinance, which created pre- approved outdoor dining locations on 18 both public and private property, in order to provide for the 19 creation of sidewalk and other outdoor cafe operations; and, 20 21 WHEREAS, on July 18, 1995, the City Commission voted to 22 adopt Ordinance No. 9 -95 -1582 which created Section 20 -7.9 of the 23 Hometown District Overlay Ordinance to provide for a method to 24 permit and regulate outdoor seating /dining uses and areas; and, 25 26 WHEREAS, only three locations within the Hometown District 27 are approved to operate outdoor seating /dining operations and 28 such use is not permitted anywhere else within the City; and, 29 30 WHEREAS, entrepreneurs and property owners in the Hometown 31 District and in other commercial areas of the City have from time 32 to time expressed a desire to operate sidewalk cafes and other 33 outdoor seating /dining establishments on the premises of their 34 commercial properties which are not part of the three locations 35 currently permitted under the Hometown District; and, 36 37 WHEREAS, the City Commission desires to create, promote and 38 encourage an environment which offers equal opportunities for all 39 commercial business owners and property owners within the City. 40 41 WHEREAS, the City Administration is recommending that the 42 current fee for Outdoor Seating /Dining Uses be amended; and, 43 44 WHEREAS, the Mayor and the City Commission find that it is 45 in the public interest to offer equal opportunity in the City. 46 Citywide Cafe Ordinance: 1" Reading February 18, 1997 I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 5 Section 1. Section 20 -3.3 (E) is created to read as follows: 6 7 (E) Outdoor Seating /Dining for All Commercial Properties, except 8 for properties in the "RO" Residential Office zoning district 9 10 (1) An application must be filed which shall include layout of all 11 tables, chairs, benches, and other furniture; pedestrian ingress 12 and egress; location of refuse containers; and other elements 13 necessary to illustrate the proposed outdoor seating /dining use 14 and area (all drawings must be titled, indicate orientation, and 15 be at an acceptable scale). 16 17 (2) Outdoor seating /dining areas and uses of the public right -of -way 18 and /or any private property may be approved, denied, or approved 19 with conditions, modifications, safeguards, or stipulations 20 appropriately and reasonably related to the intent, purposes, 21 standards, and requirements of the related regulations, by the 22 City Manager. Such permit shall not be transferable in any 23 manner, and is strictly a conditional use permit, issued for a 24 period of one year, renewable annually via payment of the annual 25 occupational license fee for such outdoor seating /dining uses. 26 27 (3) The fee for outdoor dining /seating use and area will be waived 28 for the first year of operation, and shall be charged annually in 29 the amount of $250.00; the permit fee shall be added to the 30 occupational license fee for the main business. 31 32 (4) The applicant shall providean Indemnity Agreement that is 33 acceptable to the City Manager. This agreement will include 34 specification of liability insurance provided. 35 36 (5) The conditional use permitting of outdoor seating /dining use and 37 area may be revoked by the City Manager upon finding that one or 38 more conditions of these regulations have been violated, or that 39 the outdoor seating /dining area and use are being operated in a 40 manner that constitutes a public nuisance, or in any way that 41 constitutes a reasonable risk of potential liability to the City. 42 43- (6) Outdoor seating /dining use and area may be temporarily suspended 44 by the City Manager for public use /purpose, utility, sidewalk or 45 road repairs, emergency situations or violations of provisions 46 contained herein. The length of suspension shall be determined 47 by the City Manager as necessary. Removal of all street 48 furniture and related obstructions shall be the responsibility of 49 the owner /operator of the outdoor seating /dining. 50 Citywide Cafe Ordinance: 18` Reading February 18, 1997 4 1 (7) Outdoor seating /dining area shall be kept in a neat and orderly 2 appearance and shall be kept free from refuse and debris. 3 4 (8) Outdoor seating /dining use and area shall not interfere with the 5 free and unobstructed pedestrian or vehicular circulation of 6 traffic, public access to any street intersections, crosswalks, 7 public seating areas and conveniences, bus stops, alleys, service 8 easements, handicap facilities, or access to any other commercial 9 establishments. The width and location of the passage is to be 10 determined by the City's Planning Division. 11 12 (9) Outdoor seating /dining area on the public rights -of -way shall be 13 open and un- enclosed. No building structures of any kind shall 14 be allowed in and over any portion of the outdoor seating /dining 15 area located on public property. 16 17 (10) Tables, chairs and all other furniture used in the operation of 18 an outdoor seating /dining area on the public rights -of -way shall 19 not be anchored or restrained in any manner. Individual table 20 umbrellas, planters, or other such non - stationary elements may be 21 permitted within the outdoor seating /dining area. 22 23 (11) Outdoor seating /dining use and area on public rights -of -way shall 24 be restricted to the length of the sidewalk or public right -of- 25 way immediately fronting the cafe or other establishment. The 26 utilization of space extending on either side beyond the subject 27 property frontage may be authorized subject to annual written 28 consent provided by the property owners in front of whose 29 properties the outdoor seating /dining service would occur. 30 31 (12) Outdoor seating /dining area shall be at the same elevation as the 32 adjoining sidewalk or public right -of -way. 33 34 (13) Carts and trays for serving food are permitted in the outdoor 35 seating /dining area. 36 37 (14) Outdoor seating /dining use and area shall not be provided with 38 amplified sound of any kind. 39 40 Section 2. Section 20 -7.29 is amended to read as follows: 41 42 Sec. 20 -7.9 Outdoor Seating /Dining Uses and Areas 43 44 A. in additien to the regairements of Seetiens -20 7.3 and 29 7.=, thet 45 APP shall An application may be accepted for any proposed 46 siting of outdoor seating /dining uses and areas for any property 47 within the Hometown District, including, but not limited to those 48 areas which are designated as pre - approved on the Regulating Plan. 49 An application must be filed which shall include the layout of all 50 tables, chairs, benches, and other furniture; pedestrian ingress Citywide Cafe Ordinance: 1 °t Reading February 18, 1997 3 f I and egress; location of refuse containers; and other elements 2 necessary to illustrate the proposed outdoor seating /dining use 3 and area (all drawings must be titled, indicate orientation, and 4 be at an acceptable scale). At the time of filing, the Applicant 5 must submit the nonrefundable review fee of $250.00. 6 7 B. Outdoor seating /dining area and use of the public right -of -way 8 and /or any private property may be approved, denied, or approved 9 with conditions, modifications, safeguards, or stipulations 10 appropriately and reasonably related to the intent, purposes, 11 standards, and requirements of the related regulations, by the 12 City Manager. Such permit shall not be transferable in any 13 manner, and is strictly a conditional use permit, issued for a 14 period of one year, renewable annually via payment of the annual 15 occupational license fee for the outdoor seatinct /dining use. 16 17 C. The fee for outdoor dining /seating use and area will be waived for 18 the first year of operation of the subject property, and shall be 19 charged annually in the amount of ten della:es— ($19 -a0) p spare 20 feet of s i dewa-llcai-ea $250; the aE ea -sha3l be defined by 21 berder lines ineluding t-S all seating area - ether- -eleffi 22 ineluded -in t- ate- eutdeer seating/dining ai -ease permit fee shall 23 be added to the occupational license fee for the main business. 24 25 Section 3. If any section, clause, sentence, or phrase of 26 this ordinance is for any reason held invalid or unconstitutional 27 by a court of competent jurisdiction, the holding shall not 28 affect the validity of the remaining portions of this ordinance. 29 30 Section 4. All ordinances or parts of ordinances in conflict 31 with the provisions of this ordinance are hereby repealed. 32 33 Section 5. This ordinance shall take effect immediately at 34 the time of its passage. 35 36 PASSED AND ADOPTED this day of 1997. 37 38 ATTEST: APPROVED: 39 40 41 42 CITY CLERK VICE -MAYOR 43 44 READ AND APPROVED AS TO FORM: 45 46 47 48 CITY ATTORNEY c:\ - \ ldc \ Cafe- ord.doc Citywide Cafe Ordinance: I" Reading February 18, 1997 4 /e, ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATION OF SECTION 20 -3.3 (E) AND AMENDMENT OF SECTION 20 -7.29 (A) , (B) AND (C) OF THE LAND DEVELOPMENT, IN ORDER TO PERMIT OUTDOOR CAFES ON PUBLIC AND PRIVATE PROPERTY FOR ALL BUSINESS DISTRICTS IN THE CITY WITH THE EXCEPTION OF THE "RO" RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 19, 1993, the City Commission voted to adopt Ordinance No. 19 -93 -1545, the Hometown District Overlay Ordinance, which created pre- approved outdoor dining locations on both public and private property, in order to provide for the creation of sidewalk and other outdoor cafe operations; and, WHEREAS, on July 18, 1995, the City Commission voted to adopt Ordinance No. 9 -95 -1582 which created Section 20 -7.9 of the Hometown District Overlay Ordinance to provide for a method to permit and regulate outdoor seating /dining uses and areas; and, WHEREAS, only three locations within the Hometown District are approved to operate outdoor seating /dining operations and such use is not permitted anywhere else within the City; and, WHEREAS, entrepreneurs and property owners in the Hometown District and in other commercial areas of the City have from time to time expressed a desire to operate sidewalk cafes and other outdoor seating /dining establishments on the premises of their commercial properties which are not part of the three locations currently permitted under the Hometown District; and, WHEREAS, the City Commission desires to create, promote and encourage an environment which offers equal opportunities for all commercial business owners and property owners within the City. WHEREAS, the City Administration is recommending that the current fee for Outdoor Seating /Dining Uses be amended; and, WHEREAS, the Mayor and the City Commission find that it is in the public interest to offer equal opportunity in the City. Citywide Cafe Ordinance: I" Reading February 18, 1997 Af NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 20 -3.3 (E) is created to read as follows: (E) Outdoor Seating /Dining for All Commercial Properties, except for properties in the "RO" Residential Office zoning district (1) An application must be filed which shall include layout of all tables, chairs, benches, and other furniture; pedestrian ingress and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating /dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). (2) Outdoor seating /dining areas and uses of the public right -of -way and /or any private property may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent, purposes, standards, and requirements of the related regulations, by the City Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual occupational license fee for such outdoor seating /dining uses. (3) The fee for outdoor dining /seating use and area will be waived for the first year of operation, and shall be charged annually in the amount of $250.00; the permit fee shall be added to the occupational license fee for the main business. (4) The applicant shall provide an Indemnity Agreement that is acceptable to the City Manager. This agreement will include specification of liability insurance provided. (5) The conditional use permitting of outdoor seating /dining use and area may be revoked by the City Manager upon finding that one or more conditions of these regulations have been violated, or that the outdoor seating /dining area and use are being operated in a manner that constitutes a public nuisance, or in any way that constitutes a reasonable risk of potential liability to the City. (6) Outdoor seating /dining use and area may be temporarily suspended by the City Manager for public use /purpose, utility, sidewalk or road repairs, emergency situations or violations of provisions contained herein. The length of suspension shall be determined by the City Manager as necessary. Removal of all street furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor seating /dining. g Y Citywide Cafe Ordinance: 1" Reading February 18, 1997 2 Y (7) Outdoor seating /dining area shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris. (8) Outdoor seating /dining use and area shall not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, handicap facilities, or access to any other commercial establishments. The width and location of the passage is to be determined by the City's Planning Division. (9) Outdoor seating /dining area on the public rights -of -way shall be open and un- enclosed. No building structures of any kind shall be allowed in and over any portion of the outdoor seating /dining area located on public property. (10) Tables, chairs and all other furniture used in the operation of an outdoor seating /dining area on the public rights -of -way shall not be anchored or restrained in any manner. Individual table umbrellas, planters, or other such non - stationary elements may be permitted within the outdoor seating /dining area. (11) Outdoor seating /dining use and area on public rights -of -way shall be restricted to the length of the sidewalk or public right -of- way immediately fronting the cafe or other establishment. The utilization of space extending on either side beyond the subject property frontage may be authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating /dining service would occur. (12) Outdoor seating /dining area shall be at the same elevation as the adjoining sidewalk or public right -of -way. (13) Carts and trays for serving food are permitted in the outdoor seating /dining area. (14) Outdoor seating /dining use and area shall not be provided with amplified sound of any kind. Section 2. Section 20 -7.29 is amended to read as follows: Sec. 20 -7.9 Outdoor Seating /Dining Uses and Areas A. in additlen -te the rQq rernents of 6eetiens 29 7.3 and 207.4, the ADP shall alse An application may be accepted for any proposed siting of outdoor seatincr /dining uses and areas for any property within the Hometown District, including, but not limited to those areas which are designated as pre - approved on the Regulating Plan. An application must be filed which shall include the layout of all tables, chairs, benches, and other furniture; pedestrian ingress Citywide Cafe Ordinance: I" Reading February 18, 1997 3 /t and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating /dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). At the time of filing, the Applicant must submit the nonrefundable review fee of $250.00. B. Outdoor seating /dining area and use of the public right -of -way and /or anV private property may be approved, denied, or approved with conditions, modifications, safeguards, or stipulations appropriately and reasonably related to the intent, purposes, standards, and requirements of the related regulations, by the City Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit, issued for a period of one year, renewable annually via payment of the annual occupational license fee for the outdoor seating /dining use. C. The fee for outdoor dining /seating use and area will be waived for the first year of operation of the subject property, and shall be charged annually in the amount of ten - dell-ai-s— ($10.00)per sejuaaFe feet - ef- sidewalle area $250; the area - shall -be Elcfi ne by ifa_z) == j- berder lines ine- leading all - seating - areas - and - e-theE eleme� ineluded -in t-he- eutdeei- seating/dining area. The permit fee shall be added to the occupational license fee for the main business. 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. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of , 1997. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: VICE -MAYOR c:\ — \ 1dc \ Cafe- Ord.doc Citywide Cafe Ordinance: I" Reading February 18, 1997 4 AUG X ` 1995 ORDINANCE NO. 9 -95 -1582 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE VII, HOMETOWN DISTRICT OVERLAY ORDINANCE, IN ORDER TO PROVIDE REGULATIONS FOR OUTDOOR SEATING /DINING USES AND AREAS; PROVIDING THE CITY MANAGER WITH POWERS OF APPROVAL AND REVOCATION; PROVIDING FOR POWERS TO BUILDING, ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT REGARDING DEVELOPMENT REGULATIONS; PROVIDING FOR AN AMENDMENT TO THE FEE CHARGED FOR LICENSE; ,PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted Ordinance No. 19 -93 -1545 which created a new Article VII of the Land Development Code of the City of South Miami, establishing a Hometown District Overlay District; and, WHEREAS, the Mayor and City Commission desire to further amend this ordinance to encourage and regulate outdoor seating/dining use; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That Article VII, Hometown District Overlay Ordinance, is amended by creating the following subsection: Sec. 20 -7.29 Outdoor Seating/Dining Uses and Areas A. In addition to the requirements of Sections 20 -7.3 and 20 -7.4, the ADP shall also include the layout of all tables, chairs, benches and other furniture; pedestrian ingress and egress; location of refuse containers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). At the time of filing, the Applicant must submit the non- refundable review fee of $250. B. Outdoor seating/dining area and use of the public right -of -way may be approved, denied, or approved with conditions, modifications, safeguards or stipulations appropriately and reasonably related to the intent, purposes, standards and requirements of the related regulations, by the City Manager. Such permit shall not be transferable in any manner, and is strictly a conditional use permit, issued for a period of one year, renewable annually. Outdoor Seating Ordinance Page # 1/f Ordinance No. 9 -95 -1582 C. The fee for outdoor dining /seating use and area will be waived for the first year of operation of the subject property, and shall be charged annually in the amount of ten dollars ($10.00) per square foot of sidewalk area; the area shall be defined by imaginary border lines including all seating areas and other elements included in the outdoor seating/dining area. The permit fee shall be added to the occupational license fee for the main business. D. The applicant shall provide an Indemnity Agreement, which is acceptable to the City Manager. This agreement will include specification of liability insurance provided. E. The conditional use permitting of outdoor-seating/dining use and area may be revoked by the City Manager upon finding that one or more conditions of these regulations have been violated, or that the outdoor seating/dining area and use are being operated in a manner which constitute a public nuisance, or in any way constitute a reasonable risk of potential liability to the City. F. Outdoor seating/dining use and area may be temporarily suspended by the City Manager for public use /purpose, utility, sidewalk or road repairs, emergency situations or violations of provisions contained herein. The length of suspension shall be determined by the City Manager as necessary. Removal of all street furniture and related obstructions shall be the responsibility of the owner /operator of the outdoor seating/dining. G. Outdoor seating/dining area shall be kept in a neat and orderly appearance and shall be kept free from refuse and debris. H. Outdoor seating/dining use and area shall not interfere with the free and unobstructed pedestrian or vehicular circulation of traffic, public access to any street intersections, crosswalks, public seating areas and conveniences, bus stops, alleys, service easements, handicap facilities or access to commercial establishments. The width and location of the passage is to be determined by the Building, Zoning & Community Development Dept. I. Outdoor seating/dining area shall be open and unenclosed. No building structures of any kind shall be allowed in and over any portion of the outdoor seating/dining area located on public property, except as allowed by Sections 20 -7.7 through 20 -7.11. J. Tables, chairs and all other furniture used in the operation of an outdoor seating/dining area shall not be anchored or restrained in any manner. Individual table umbrellas, planters or other such non - stationary elements may be permitted within the outdoor seating/dining area. K. ' Outdoor seating/dining use and area shall be restricted to the length of the sidewalk or public right -of -way immediately fronting the cafe and/or restaurant establishment. The utilization of space extending on either side beyond the subject property frontage may be Outdoor Seating Ordinance Page # 2 6P Ordinance No. 9 -95 -1, authorized subject to annual written consent provided by the property owners in front of whose properties the outdoor seating /dining service would occur. L. Outdoor seating/dining area shall be at the same elevation as the adjoining sidewalk or public right -of -way. M. Carts and trays for serving food are permitted in the outdoor seating/dining area. N. Outdoor seating/dining use and area shall not be provided with amplified sound of any kind. 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, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. This ordinance shall take effect immediately at * time of its passage. PASSED AND ADOPTED THIS 18" DAY /OF WLY, 1995. ATTEST: Ronetta- Taylor City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney 1st Reading _ June 13, 1995 2nd Reading- July 18, 1995 Neil t Mayor C- \VJd0cslpla=inRVePM95.009 Outdoor Seating Ordinance Page # 3 /? MAYOR CAWER YEA I/ NAY VIC` YEA 1'!AY CCt; ?, ?1Sw'C:tr.? 3 �5 YEA N.4Y COa41ISS C;EER COOPER YEA MAY COMMISMUNSI CINNINGHAM YEA NAY absent C- \VJd0cslpla=inRVePM95.009 Outdoor Seating Ordinance Page # 3 /? CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: M r and Commission From: L. Dennis Whitt G� City Manager Date: February 18, 1997 Agenda Item # Subject: Special Election This ordinance will amend Section 9 -5(B) of the Code of Ordinances to provide for scheduling general and special elections by resolution, and will ratify the scheduling of a special election for April 8, 1997. I ORDINANCE NO. 2 AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY 3 OF SOUTH MIAMI, FLORIDA, RELATING TO ELECTIONS; AMENDING 4 SECTION 9 -5(13) OF THE CODE OF ORDINANCES TO PROVTDE FOR 5 SCHEDULING GENERAL AND SPECIAL ELECTIONS BY RESOLUTION; 6 RATIFYING THE SCHEDULING OF A SPECIAL ELECTION FOR APRIL 8, 7 1997; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND 8 AN EFFECTIVE DATE. 9 WHEREAS, pursuant to Article II, Section 4B, of the City Charter, a special election 10 must be held not less than 45 days and not more than 60 days after a vacancy exists when an 11 unexpired terns exceeds 9 months; and, 12 WHEREAS, pursuant to Article V, Section 'I B(1), of the City Charter, the City Clerk 13 must certify the candidates not more than 42 days nor less than 28 days before the scheduled 14 election.; and, 15 WHEREAS, pursuant to Section 9 -5(b) of the Code of Ordinances, general and 15 special elections must be scheduled pursuant to an ordinance and, pursuant to Section 2- 17 2.1(h) and (i), ordinances must be adopted after two readings and after legal notice is 18 published at least 10 days prior to the public hearing at the time of the second reading; and, 1.9 WHEREAS, the requirement to schedule a special election by ordinance, rather than 20 by resolution, creates an irreconcilable conflict between the time requirements of the City 21 Charter and the notice requirements of the City Code; and, 22 WIIEREAS, the scheduling of general and special elections is an administrative 23 matter which is more appropriately addressed by resolution than by ordinance; and, 24 WHEREAS, the Mayor and the City Commission find that it is in the public interest 25 to ainend Section 9 -5(b) of the Code of Ordinances to provide for scheduling elections by 26 resolution and to ratify the action taken by the City Commission at its special commi8sion 27 meeting on February 11, 1997 to schedule a special election for April 8, 1997 to fill the 28 vacancy created in the Mayor's seat. 29 NOW, THEREFORE; BE IT ORDAINED BY THE MAYOR AND CT'Y 30 COMMISSION OF THE CITY OF SOUTH MIAM1, FLORIDA: fle;rinll Duty Or6nmee.. N RmdinR Fehruuy 19. 1997 I Sec ion 1. Section 9 -5(b) of fie Code of Ordinances is amended to read: 2 Upon the adoption by a majority of the city commission present 3 of an erdimmee- a resolution calling for an election for the city, 4 the city clerk shall publish notice of such general or special 5 election once a week for four (4) consecutive weeks next 6 preceding such general or special election, in a newspaper of 7 general circulation in the city. Such notice shall include the date, time, and place of such election(s), identify the 9 commission groups to be voted for and/or other questions to be 10 voted upon. 11 Section 2. The action taken by the City Commission at its special commission 12 meeting on February 11, 1997 to schedule a special election for April S, 1997 to fill the 13 vacancy created in the Mayor's seat is ratified. 14 Se ,tiun 3, If any section, clause, sentence, or phrase of this ordinance is for any 15 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 16 not affect the validity of the remaining portions of this ordinance. 17 18 19 20 Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ,Section 5. This ordinance shall take effect immediately at the tinie of its passage. PASSED AND ADOPTED this day of , 1997. 21 ATTEST: 22 23 24 25 26 CITY CLERK READ AND APPROVED AS TO FORM: CITE' ATTORNEY 2 % V: CLlC ATS •CShf.RF.S- UItDtG1.FC:nATC.ORU h1mion Tinto Ordinnna: l:t Ronding Felnnnry 18. 1947 2 APPROVED: MAYOR /9