09-16-97MAYOR: Anna M. Price, Ph.D. CITY MANAGER: L. Dennis Whitt
VICE MAYOR: Julio Robaina CITY ATTORNEY: Earl G. Gallop
COMMISSIONER: Armando Oliveros, Jr. CITY CLERK: Ronetta Taylor
COMMISSIONER: David D. Bethel
COMMISSIONER: R. Paul Young, Ed.D.
CITY COMMISSION AGENDA
Regular City Commission Meeting
Meeting date: September 16, 1997 6130 Sunset Drive, South Miami, FL
Next Regular Meeting date: October 7, 1997 Phone: (305) 663 -6340
Time: 7:30 PM
PURSUANT TO FLA STATUTES 266.0105, "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 fora: and file it with the City Clerk prior to engaging in
lobbying activities.
CALL TO ORDER:
A. Invocation:
B. Pledge of Allegiance:
C. Presentations:
There are none
ITEMS FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes:
Regular City Commission Minutes - September 2, 1997
2. City Manager's Report:
3. City Attorney's Report:
REGULAR CITY COMMISSION 1
AGENDA - SEPTEMBER 16, 1997
CONSENT AGENDA:
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPOINTING ARMANDO
OLIVEROS, JR., AS THE COMMISSION LIAISON TO THE DADE
LEAGUE OF CITIES, INC.
(Mayor Price) 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $1,495.00 TO HOMESTEAD
CONCRETE AND DRAINAGE FOR THE INSTALLATION OF A
CONCRETE SLAB IN AN AREA ADJACENT TO THE MOTOR POOL
SHOP BUILDING IN THE PUBLIC WORKS YARD AND CHARGING THE
DISBURSEMENT TO ACCOUNT NO. 1710- 519 -4670, "BUILDING
MAINTENANCE - MAINTENANCE AND REPAIRS OF GROUNDS AND
STRUCTURES ".
(Administration /Public Works) 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 $3,200.00 TO CERCAS ISLA
- ISLAND FENCE, INC. FOR THE INSTALLATION OF A CHAIN
LINK FENCE /GATE ALONG THE PERIMETER OF THE MURRAY PARK
EXPANSION (FORMERLY COKER AND MITCHELL PROPERTIES) AND
CHARGING THE DISBURSEMENT TO DEPARTMENT OF PARKS AND
RECREATION ACCOUNT NUMBER 2000 -6430, EQUIPMENT
OPERATING.
(Administration /Parks & Rec.) 3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH HOMESTEAD
CONCRETE AND DRAINAGE, INC., FOR PROVIDING SIDEWALK
REPAIR, STORM DRAIN INSTALLATION, AND STREET
RESURFACING SERVICES ON A CITY -WIDE BASIS AT A COST NOT
TO EXCEED $30,000 FOR THE REMAINDER OF THE CURRENT
FISCAL YEAR, AND THE 1997 -1998 FISCAL YEAR, AND
CHARGING THE DISBURSEMENT TO LOCAL OPTION GAS TAX FUND
NO. 2 -12- 1730 -4640.
(Administration /Public Works) 3/5
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
REGULAR CITY COMMISSION 2
AGENDA - SEPTEMBER 16, 1997
MANAGER TO DISBURSE THE SUM OF $1,652.00 FOR THE
PURCHASE OF SAFETY WORK SHOES TO BE ASSIGNED TO PUBLIC
WORKS FIELD EMPLOYEES AND CHARGING THE DISBURSEMENT TO
ACCOUNT NUMBER 5220, "UNIFORMS", FOR FIVE DIVISIONS.
(Administration /Public Works) 3/5
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RELEASE FUNDS OF $1,120.00 FROM THE PARKS &
RECREATION DEPARTMENT ACCOUNT NUMBER 2000 -4620,
"MAINTENANCE & REPAIR" TO TRIM EIGHT (8) FICUS TREES
LOCATED ABOVE THE IRRIGATION SYSTEM AT PALMER PARK.
(Administration /Parks & Rec.) 3/5
10. A RESOLUTION OF THE CITY COMMISSIONS OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING A FIELD STUDY TO
INSTALL STORMWATER DRAINAGE AT THE TENNIS COURTS AT
DANTE FASCELL PARK AND CHARGING THE DISBURSEMENT OF
$4,150 FROM THE PARKS & RECREATION DEPARTMENT ACCOUNT
NUMBER 2000 -3100, "PROFESSIONAL SERVICES ".
(Administration /Parks & Rec.) 3/5
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE FUNDS FOR AN AMOUNT NOT TO EXCEED
$2,200.00 FROM THE PARKS & RECREATION DEPARTMENT
ACCOUNT NUMBER 2000 -6430, "OPERATING EQUIPMENT" TO
BUILD A NEW TIKI HUT AND REPLACE THE EXISTING ONE WHICH
WAS DAMAGED DUE TO HURRICANE ANDREW AT DANTE FASCELL
PARK TENNIS COURTS.
(Administration /Parks & Rec.) 3/5
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE FUNDS FROM THE PARKS & RECREATION
DEPARTMENT ACCOUNT NUMBER 2000 -6430, "EQUIPMENT
OPERATING", TO PURCHASE A NEW 1997 15 PASSENGER VAN NOT
TO EXCEED $23,660.00.
(Administration /Parks & Rec.) 3/5
ORDINANCE(S) SECOND READING & PUBLIC HEARING(S)
There are none
REGULAR CITY COMMISSION 3
AGENDA - SEPTEMBER 16, 1997
RESOLUTION(S) PUBLIC HEARING
There are none
RESOLUTION(S)
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE
AGREEMENT WITH BELLSOUTH MOBILITY, INC., AUTHORIZING
THE CITY ATTORNEY TO ENGAGE SPECIAL COUNSEL TO EVALUATE
PROPOSED LEASE; PROVIDING AN EFFECTIVE DATE.
(Administration) 3/5
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MULTI-
USE DEVELOPMENT /PARKING GARAGE, AWARDING A PROJECT FOR
DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A MIXED
USE DEVELOPMENT AND PARKING GARAGE TO PROVIDE
ADDITIONAL PARKING ON THE EXISTING MUNICIPAL PARKING
LOT LOCATED AT S.W. 73"D STREET, S.W. 58TH AVENUE, AND
S.W. 58TH COURT TO
(Administration) 3/5
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SIGN THE ENGAGEMENT LETTER RECEIVED FROM
SHARPTON, BRUNSON & COMPANY, P.A. CERTIFIED PUBLIC
ACCOUNTANTS, TO PROVIDE INDEPENDENT AUDIT SERVICES FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1997.
(Administration) 3/5
ORDINANCE(S) FIRST READING
There are none
PUBLIC REMARKS
COMMISSION REMARKS
REGULAR CITY COMMISSION 4
AGENDA - SEPTEMBER 16, 1997
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To Yor and City Commission
FROM: L. Dennis Whitt
City Manager
DATE: 9/10/97
AGENDA ITEM #
Comm. Mtg. 9/16/97
DADE LEAGUE OF CITIES,
COMMISSION LIAISON
APPOINTMENT
The attached resolution is sponsored by Mayor Price and appoints
Commissioner Armando Oliveros, Jr., to serve in her place as the
Dade League of Cities Commission Liaison for the City of South
Miami for the 1997/98 year.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DADE LEAGUE
OF CITIES REPRESENTATION; APPOINTING COMMISSIONER
ARMANDO OLIVEROS, JR., AS COMMISSION LIAISON TO THE
DADE LEAGUE OF CITIES, INC.
WHEREAS, the City of South Miami is a member of the Dade
League of Cities, Inc.; and
WHEREAS, Mayor Anna M. Price previously held the duties as
Commission Liaison and did exceptionally well by attending the
monthly Board meetings and disseminating pertinent information
and legislation to the Commission; and
WHEREAS, since his election Commissioner Armando Oliveros,
Jr., has faithfully attended the monthly Dade League of Cities,
Inc. Board of Director meetings with enthusiasm; and
WHEREAS, because of his asserted efforts and commitment to
this community the Commission desires to appoint Commissioner
Armando Oliveros, Jr., as the Commission Liaison.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. In accordance with Article III, Sections 1 &
2 of the By -laws of the Dade County League of Cites, Inc.,
Commissioner Armando Oliveros, Jr., is hereby appointed as the
duly Commissioner Liaison to the Board of Directors for 1997 -98,
effective October 1, 1997.
Section 2. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this
ATTEST:
day of
APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
, 1997.
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Mayor and Commission DATE: September 16, 1997
FR **"6e TN1T1L ,,J SUBJECT: Agenda Item #
City Manager Commission Meeting
September 16, 1997
Approval of expenditure for
installation of concrete slab in area
adjacent to Motor Pool building
(Public Works)
The attached resolution seeks approval of a $1,495.00 expenditure to install a six inch
thick concrete slab in the area adjacent (south side) to the Motor Pool building. This
work is required as part of a building modification to allow for proper mounting and
storage of an electric generator to be used in emergency situations, as well as the
installation of the recently purchased wheel alignment and balancing equipment.
The asphalt foundation in this 13 ft. by 25 ft. area is inadequate for the weight loads
involved with heavy pieces of machinery. This area will also require the installation of a
metal roof at a later date. The specifications for this component are currently being
researched.
Once completed, this project will yield very practical and cost effective results, since it
addresses two equipment issues (a backup generator and vehicle wheel alignment). Based
on this, I recommend that the expenditure be approved.
Attachments
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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 $1,495.00 TO HOMESTEAD
CONCRETE AND DRAINAGE FOR THE INSTALLATION
OF A CONCRETE SLAB IN AN AREA ADJACENT TO THE
MOTOR POOL SHOP BUILDING IN THE PUBLIC WORKS
YARD AND CHARGING THE DISBURSEMENT TO
ACCOUNT NO. 1710 -519 -4670, "BUILDING
MAINTENANCE - MAINTENANCE AND REPAIRS OF
GROUNDS AND STRUCTURES ".
WHEREAS, the City's Public Works Department does not presently have an on -site
electric generator readily available for emergency situations, and;
WHEREAS, a generator is available but requires proper mounting in an area protected
from the elements, and;
WHEREAS, the recently purchased vehicle wheel alignment equipment can be better
utilized in an area close to the Motor Pool shop as opposed to the location originally planned, and;
WHEREAS, a convenient location suitable for the installation of both sets of equipment
has been identified, but requires a concrete slab foundation.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Public Works has procured the services of a concrete finn, Homestead
Concrete and Drainage, Inc. which is already on contract with the City of Miami Beach
under Bid No. 165 -95/97 and which has provided satisfactory services for South
Miami over the past 18 months. The firm provided a quote for the required work at a
cost of $1,495.00.
Section 2. The City Manager be, and is hereby authorized to disburse the sum of
$1,495.00 to Homestead Concrete and Drainage, Inc.
Section 3. That this resolution shall be effective immediately and after adoption hereof.
PASSED AND ADOPTED this 16'h day of September, 1997.
ATTEST:
READ AND APPROVED AS TO FORM
City Attorney
APPROVED:
MAYOR
SOUTH MIAMI PUBLIC WORKS DEPARTMENT
FACSIMILE TRANSMITTAL
TO: Alfredo Cordero
Homestead Concrete & Drainage, Inc.
FROM: David K. Go mft>c� �
Engineering
Number of pages including cover: 1
DAT E: Sept -11, 1997
SUBJECT: Unit Prices
Thank you for providing me with a price quote on such short notice.
The agreed price range for constructing a specially reinforced concrete slab (details sent
in previous transmittal) at our Public Works yard is $4.50 to $5.00 per square foot.
Therefore, a slab measuring 13' x 25' would cost between $1,462.50 and $1,625 to
construct„ or a slab measuring 13' x 23' would cost between $1345.50 to $1,495 to
construct.
Please review the specifications when you get the chance, and give me an exact unit cost
($4.50 per square foot, $4.75 per square foot, etc.), this would help us finalize the exact
slab size we want.
Thanks again for all your help.
"City of Pleasant Living"
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO Mayor and Com ission
FROM: L. Dennis Whitt
City Manager
DATE: September 16, 1997
RE: Agenda Item #
Commission Meeting,
September 16, 1997
INSTALLATION OF 7 FOOT
FENCE /GATE ALONG
PERIMETER OF "COKER
PLUMBER" LOT - 68th ST. /58th PL
Authorization is sought via the attached resolution for a $3,200 expenditure to install a
seven foot chainlink fence along the perimeter of the lot formerly known as the Coker and
Mitchell. property on the corner of SW 58th Place and SW 68th Street. The substantial
demolition debris in this lot was recently cleared out by the Public Works Department.
However, in the interest of safety and to prevent potential trash dumping, the lot needs to
be secured.
Securing this City -owned piece of land is a prudent measure which will reduce the City's
liability and preserve the aesthetics of this property. I therefore recommend to the
Commission that this expenditure be approved.
Attachments
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RESOLUTION NO.
1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
2 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
3 MANAGER TO DISBURSE THE SUM OF $ 3,200.00 TO
4 CERCAS ISLA - ISLAND FENCE, INC. FOR THE INSTALLATION OF
5 A CHAIN LINK FENCE /GATE ALONG THE PERIMETER OF THE
6 MURRAY PARK EXPANSION (FORMERLY COKER AND MITCHELL
7 PROPERTIES) AND CHARGING THE DISBURSEMENT TO
8 DEPARTMENT OF PARKS AND RECREATION ACCOUNT NUMBER
9 2000 -6430, EQUIPMENT OPERATING.
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11 WHEREAS, the City of South Miami owns the open lot at SW 58th Place an SW 68th Street,
12 the former Coker and Mitchell properties, and;
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14 WHEREAS, the lot has recently been cleared of a substantial amount of demolition debris, and;
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16 WHEREAS, the property needs to be secured to prevent illegal dumping and reduce the liability
17 arising from other unauthorized uses.
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19 NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION of the
20 CITY OF SOUTH MIAMI, FLORIDA that:
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22 Section 1. The following quotes were obtained from fence companies:
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24 Cercas Isla - Island Fence, Inc. $ 3,200.00
25 Artemisa Fence, Inc. $ 4,200.00
26 Gomez and Son Fence Company $ 4,498.00
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28 Section 2. The City Manager is authorized to disburse the sum of $ 3,200.00 to Cercas Isla -
29 Island Fence, Inc.
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31 Section 3. This resolution shall be effective immediately after adoption hereof.
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PASSED AND ADOPTED this Sixteenth day of September 1997.
APPROVED
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
D
CERCAS ILA as ISLAND FENCE, INC.
TOLDOS DE ALUMINIO • ALUMINIJ4 AWNINGS DAOB: CC# M13
355 West 21 Street - Hialeah, FL 33010 BROWAR6, CC# 90571817%
Dade: (305) 868 -9090. 6wd.: (954) 431 -7667 Fax: (305) 888 -7424'
LAS BIAS SEGURA$
We propoamo sabjwt to ameptance by CERW 191-k to faraish and install a foam in aocordance with quantities dnd sizes t ow# bnlgw.' ux�,
erection is l:ogon, puraaser is to establish party line atskcs and grade staked and to remova all obstrudons that imay laterkro With rewt4an-
t O F CC Ut H AA i
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CITY r r J" f 31'A E Zip
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2%is Contract is twNwL to eowonants and conditions on the reverse side hereof, and is oet'binding upon ERICA,S ISI►
until nocrptod and Approved by an of'iicer of the CAmpany.
CERCAS ISLA
OVERALL OVERALL DIAGRAM
LENGTH HEIGHT`
A.
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TE GATE i • s�� lalfiL
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KNt1CKLI: AR8 3 t jFF
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WIRE
TU2`AL CARD FF+^tCE 010 ti � w
., Q POL.LUW GROUND D LEVEL
(Sc* explanation of terms on reverse side)
PURCHMER;
ACCEMD CERCAS ISSLA Bye -- ..-
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S 0 So o a I i
4
11RUMISR FENCE
MICAS A OWSR
�F
P.O. Box 65, 560 • Miami. Hondo 33965 -1560 Z6 t - 3'191
Phone- (305) 921 -0214 a fax (395) 291 -267S
PHONE: - ! 3 W DATE: i 1.. V % [7 7
NAME: C (°j' S(50 -r#4 P A►Am l JOB'S NAME: �s 1 r /
STREET
STREET: / ,S <2 5-r— O T L, .
CITY¢ STATE: CITY: v STATE: '
%rliAwti
LOT No. BLOCK No. SUBDIVISION PB & PG
EST. PERMIT FEE NOT TWtLO WIL ACTUAL PERMIT FEE PERMIT No.�
TO °d
INSTRUCTIONS
TERMS AND CONDITIONS
The Customer and the Company agree to the following terms and conditions of this contract:
0) The Company shall furnish the materials and perform all necessary labor to erect the fence on the Customer's
property according to the specifications set forth above and the terms and conditions of this contract.
(2) The Customer shall pay unto the Company the total contract price of S - !41100 as follows:
Cash $ Down Payment
Cash S 010 upon completio_n_: or
Cash S _ on or before days after completion, or Financed by
for months at s per month, including finance charges of $
NOTICE TO OWNER
A. Do not sign this Home improvement Contract in blank.
B. You are entitled to a copy of the contract at the time you sign. Keep it to protect your legal rights.
C. You, the Buyer, may cancel this transaction at anytime prior to Midnight of the 3rd business day
after the date of this transaction. See Florida Statute 520.72.
Agreement sisned this ____day of _. , 29 at Florida.
ARTEMiSA FENCE CUSTOMER - BUYER
By.
Sates Representative
Accepted by ARTEMISA FENCE
By' _
Officer
VTZO TZZ 3'ON3d °tl�8I W312IH
— 1 0— 9 7 T H U 1 3: S S G C M E Z & SON FENCES P.01
DATE
CYOMEZ & SON FENCE COMPANY
t`
:14 , 10805 N.W. 22 Street
Miami, Florida 33172 CHAIN
WOOD TEL. (305) 477 -8922
LINK
FAX. (305) 471-8926
Gomez Fence Company proposes to fumish and install a fence at your size and quantities. The Customer
must remove all obstructions that may interfere and give the right measurements and property corner.
NAME G.
ADDRESS 4 e �.,.� ° _ ,SOS ADDRESS:
CITY' CITY: --kA za"J"A .
PHONE U63 635'Q FAX I ATTN.. 1C
Any change on the below specifecations the,controct will be entirely new.
SPECIAL INSTRUCTIONS
JOB SKETCH
tlt �`Sf,S t l��Q�;��{ '''''
1 __�'
Jtf}. �
0
ENC..E TO FOLLOW CONTOUR, OF GROUND
9NCE TO BE LEVEL
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fi'c I 1 Cx+Fe Ro I I f�hc,
PURCHASED
BY
SALESMA
ACCEPTED GOMEZ d FENCE COMPANY
NOTICE PRICE.
TOTAL PRICE
AR material is to be as specined. Ali work to be „completed, in a, worklike„ manner according to standard practices. Any alteration
or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra
clrge over and above the estimate. Our workers are fully covered by Workmen's Compensation and Public Uability Insurance.
ne l
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
T Mayor ano Co i si n DATE: September 16, 1997
FROM[: L. Dennis Whitt RE: Agenda Item #
City Manager Commission Meeting,
September 16, 1997
CITY -WIDE SIDEWALK,
DRAINAGE, AND ROAD WORK
The attached resolution seeks approval of funding for the City's annual sidewalk, curb
and gutter, storm drain, and street restoration program. This funding will be charged to
the Local Option Gas Tax fund and is not to exceed $30,000 for the fiscal year.
Stormwater drainage work can entail the installation of exfiltration trenches, catch basins,
curb, .gutter, and street asphalt restoration. However, those projects only involving street
resurfacing will be awarded to an asphalt paving specialty contractor who will be selected
within four weeks by the Public Works Department. An appropriate resolution will be
presented to the City Commission for consideration at that time.
The funding estimate was based on the expected revenue from the Local Option Gas Tax
Fund which is expected to be approximately $67,000 for the up- coming fiscal year. The
remainder of the fund will be used for street resurfacing, soil percolation studies, surveys,
and roadway striping. Public Works will submit resolutions to approve the expenditures
when the contractors are selected.
The annual sidewalk and drainage repair program is an important service which benefits
our city's image and quality of life. It is therefore recommended that the City
Commission approve the proposed expenditure.
Attachments
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2 RESOLUTION NO.
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4 A RESOLUTION OF THE MAYOR AND CITY
s COMMISSION OF THE CITY OF SOUTH
6 MIAMI, FLORIDA, AUTHORIZING THE CITY
7 MANAGER TO ENTER INTO AN
s AGREEMENT WITH HOMESTEAD
9 CONCRETE AND DRAINAGE, INC., FOR
10 PROVIDING SIDEWALK REPAIR, STORM
11 DRAIN INSTALLATION, AND STREET
12 RESURFACING SERVICES ON A CITY -WIDE
13 BASIS AT A COST NOT TO EXCEED $30,000
14 FOR THE REMAINDER OF THE CURRENT
15 FISCAL YEAR, AND THE 1997 -1998 FISCAL
16 YEAR, AND CHARGING THE
17 DISBURSEMENT TO LOCAL OPTION GAS
18 TAX FUND NO. 2 -12 -1730 -4640.
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20 WHEREAS, the City's sidewalks, curbs, gutters, storm drains, and
21 roads must be periodically repaired to assure proper stormwater drainage
22 and to preserve the safety and aesthetics of the City's thoroughfares, and;
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24 WHEREAS, the Public Works Department does not possess the
25 staffing nor the equipment to undertake such work, and;
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27 WHEREAS, the Department has used the services of this local
28 concrete and drainage firm during the current fiscal year, per previously
29 approved resolution No. 99 -96 -9853, who has performed satisfactorily, and;
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31 WHEREAS, the above firm remains on- contract with a Dade County
32 municipality based upon a competitive bid process, and;
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35 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND
36 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1. The City Manager be, and is hereby authorized to enter
39 into an agreement with Homestead Concrete and Drainage, Inc. for
40 sidewalk repair and storm drain installation services on a city -wide
41 basis.
42 \continued.. .
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Section 2. The above referenced contract will adopt the fee
structure established for the agreement in effect between Homestead
Concrete and Drainage, Inc., and the City of Miami Beach (Bid No.
165- 95/97).
Section 3. The total amount to be spent on the above referenced
contract will not exceed $30,000.
PASSED AND ADOPTED this 16t' day of September, 1997.
ATTEST:
READ AND APPROVED AS TO FORM
City Attorney
APPROVED:
MAYOR
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FROM : HOMESTEAD CONCRETE & DRAINAGE PHONE NO. : 305 248 9650 Sep. 10 1997 07:45AM P2
CITY OF MIAMI BEACH An*k
CITY HALL 1700 CONVENTION LINTER DRIVE MIAMI BEACH FLOAiDA 33139
COMMISSION MEMORANDUM NO.��
TO: Mayor Seymour Gelber and
Members or the City Commission DATE: November 20, 1996
FROM: Jose Garcia - Pedrosa
City Manager
SUBJECT: Request for Appdval to Award a One -Year Contract to Homestead Concrete
& Drainage Inc. in the Estimated Annual Amount of 570,000, Pursuant to Bid
No. 165 - 95/97, for Concrete Curbing & Sidewalk Construction with a Second
Year Option.
ADMINISTRATION RECOMMENDATION:
To authorize the award.
BID AMOUNT AND FUNDING:
$70,000.00 (Estimated contract amount for one year) Funds are available from budgeted accounts
of various using agencies, subject to OMB approval.
BACKGROUND:
This contract includes .all supervision, labor, materials and equipment necessary to complete the
work at sites designated by the City. All compensation for services called for in this Contract shall
be computed from quantities based upon the actual work performed and the contract unit prices bid
by the Contractor. The quantities of all work performed within the same general area authorized
under a single Work Order shall be accumulative in determining the unit price paid for the work
performed.
Fifty -eight notices and fifteen sets of specifications for this bid were mailed, resulting in five
responses.
RID TARTILATION:
See Attached.
CONCLUSION:
Based on the fact that the lowest bidder meets all specifications and has satisfactorily provided these
services in the past, this award should be made to Homestead Concrete & Drainage Inc.
JGP:MD F:al
FUNDIN APP ®VED
Manatt a nd Bud��,
AGENDA ITEM
DATE L I -2 D -ot to
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: M d city Commission Date: September 10, 1997
Agenda Item #
From: L. Dennis Whitt Re: Commission Meeting 9/16/97
Lot Clearance
The attached resolution seeks approval for $1,025.00 expenditure relating to cutting, leveling,
and hauling away all debris from four overgrown vacant lots in the City of South Miami. The
Finance Department contracted the services of the lowest bidder, Turf Management. I
recommend approval.
fl
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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 $1,025.00 TO TURF MANAGEMENT RELATING TO CUTTING,
LEVELING, AND HAULING AWAY ALL DEBRIS FROM FOUR OVERGROWN
VACANT LOTS IN THE CITY OF SOUTH MIAMI AND CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 001- 0000 - 341 -9040 "CODE
ENFORCEMENT FINES".
WHEREAS, the City of South Miami Code Enforcement Division issued
notices of violations to property owners and posted four overgrown
vacant lots; and
WHEREAS, the City of South Miami contracted the services of Turf
Management for cutting, leveling and hauling away all debris at four
overgrown vacant lots; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Finance Department contracted the services of the
lowest bidder, Turf Management; and
Section 2. The City Manager be, and is hereby authorized to
disburse the sum of $1,025.00 to Turf Management for services rendered.
Section 3. This resolution will be effective upon passage.
PASSED AND ADOPTED this day of 1997.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
ii
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 $1,025.00 TO TURF MANAGEMENT RELATING TO CUTTING,
LEVELING, AND HAULING AWAY ALL DEBRIS FROM FOUR OVERGROWN
VACANT LOTS IN THE CITY OF SOUTH MIAMI AND CHARGING THE
DISBURSEMENT TO ACCOUNT NUMBER 001 - 0000 - 341 -9040 "CODE
ENFORCEMENT FINES".
WHEREAS, the City of South Miami Code Enforcement Division issued
notices of violations to property owners and posted four overgrown
vacant lots; and
WHEREAS, the City of South Miami contracted the services of Turf
Management for cutting, leveling and hauling away all debris at four
overgrown vacant lots; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Finance Department contracted the services of the
lowest bidder, Turf Management; and
Section 2. The City Manager be, and is hereby authorized to
disburse the sum of $1,025.00 to Turf Management for services rendered.
Section 3. This resolution will be effective upon passage.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of 1997.
APPROVED:
MAYOR
TURF MANAGEMENT
INVOICE
COMPREHENSIVE GROUNDS MAINTENANCE
TEL. 255 -7000 12600 S.W. 125 AVENUE
FAX 255-1251 MIAMI, FLORIDA 33186 Date: 08/27197 Inv. No.: 26287
Due Date: 09/11/97 Page No.: 1
CITY OF SOUTH MIAMI
CENTRAL SERVICES DIVISION
6130 SUNSET DRIVE
SOUTH MIAMI FL 33143
Cods: CSMI
8/27 BUSH HOG NOW, WEEDEAT, BLOW OFF
SIDEWALKS /ROADWAY CURBS AT THE FOLLOWING
VACANT PARCELS:
1) 6400 SW 57 COURT
2) 6583 SW 59 COURT
3) 5942 SW 62 STREET
4) 6530 SW 60 AVENUE
Suwllsrtiae is Landscaping Tins!
PLEASE REMIT WITH PINK COPY OF INVOICE.
0/ 0/ NIS
YOUR k OUR # SALES REP
200.00
250.00
175.00
400.00
7
SUB TOTAL
TAX
TOTAL
1025.00
0.00
1025.00
NET TO PAY
1025.00
t
7
TO: Mayor and Commission DATE: September 16, 1997
.�_'?�
FROM[: L. Dennis Whitt RE: Agenda Item #
City Manager Commission Meeting,
September 16,1997
Approval of Safety Work
Shoes purchase
The attached resolution concerns the purchase of Safety Work shoes for Public Works
field staff at a cost of $ 1,652.50. The City provides the uniforms in accordance with
management -labor contracts. The amount is budgeted for annually in the Department's
budget. This expenditure covers 28 employees in the Solid Waste, Streets, Landscape,
Building, and Motor Pool maintenance divisions.
In addition to being a contractual obligation of the City, the safety work shoes enhance
the safety and morale of the employees. Furthermore, properly attired employees project
a favorable image to the public to which they are constantly exposed. I recommend that
the purchase be approved by the Mayor and City Commission.
Attachment
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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 $1,652.00 FOR THE PURCHASE OF SAFETY WORK
SHOES TO BE ASSIGNED TO PUBLIC WORKS FIELD EMPLOYEES AND
CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 5220,
"UNIFORMS ", FOR FIVE DIVISIONS.
WHEREAS, the issuance of Safety work shoes promotes employee safety, enhances
workforce morale, and;
WHEREAS, the issuance of safety work shoes is a requirement set forth in the
applicable labor- management contracts, and;
WHEREAS, due to the above, the annual cost of safety work shoes is a budgeted item in
the Public Works Department, and;
WHEREAS, the chosen vendor is on contract with Dade County as a result of a
competitive bid process.
NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISSION
of the CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and is hereby authorized to disburse the sum of
$1,652.00 to Ritz Safety Equipment, Inc. for the purchase of City safety work shoes under
the Dade County Bid No. 1802 - 1/96 -1.
Section 2. The expenditure be funded from the accounts listed below:
Division
Account No.
Amount
Solid Waste
(15)
1720 -5220
$ 885.00
Streets Maintenance
(2)
1730 -5220
118.00
Building Maintenance
(4)
1710 -5220
236.00
Landscape Maintenance
(2)
1750 -5220
118.00
Equipment Maintenance
(5)
1760 -5220
295.00
TOTAL:
$ 1652.00
14111
38 Section 3. That this resolution shall be effective immediately after adoption hereof.
39
40 PASSED AND ADOPTED this Second day of September 1997
41
APPROVED
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
I
TO:
FROM:
City of South Miami
Inter- Office Memorandum
Mayor and City Commission DATE:
0
De SUBJECT:
City Manager
September 11, 1197
Agenda Item # _ q-
Commission Meeting
September 16, 1997
Eight Ficus Trees
"Trim" at Palmer
Park
The attached resolution is seeking release of funds from the Parks &
Recreation Department, account number 2000 -4620, "Maintenance & Repair"
for the trimming of eight (8) Ficus Trees located above the irrigation system at
Palmer Park.
A purchase order should be awarded to Nelson's Tree Service at $1,120.00.
I recommend approval.
C: \WPDOCS \VMM.FICUSPAL WR97
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RK
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
RELEASE FUNDS OF $1,120.00 FROM THE PARKS & RECREATION
DEPARTMENT ACCOUNT NUMBER 2000 -4620, "MAINTENANCE &
REPAIR ", TO TRIM EIGHT (8) FICUS TREES LOCATED ABOVE THE
IRRIGATION SYSTEM AT PALMER PARK.
WHEREAS, Article III, Section 5, H, of the City Charter,
requires bids be obtained for services or purchases of items over
$1,000.00; and
WHEREAS, the City of South Miami Parks & Recreation Department
obtained bid prices from three (3) vendors; and
WHEREAS, the lowest bid was Nelson's Tree Service at $1,120.00
to trim the eight (8) Ficus trees located at Palmer Park.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is awarded to Nelson's
Tree Service not to exceed $1,120.00 for the trimming of eight (8)
Ficus trees which are located on the irrigation system at Palmer
Park.
Section 2. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
A:\RES.PALMERTREES97
day of September, 1997.
APPROVED:
MAYOR
A 1
i�
NELSON'S TREE SERVICE
10021 S.W. 112 STREET
Proposal No,
MIAMI, FL 33176
Sheet Na.
Service: 248 -1684 Beaver: 337 -4219
Data e %/ �i
/
Proposal Submitted To
_
Work To Be Performed At
i Name to
Street
Street C.r
City _ State _
City_.._,'._ 3 d
Date of Plans ..,�
State
Architect -
� /o
i - -
Telephone Number /2w6 3 ' 3 J
We hereby propose to furnish the materials nd erform the labor necessary for the completion of
JV
All material is guaranteed to be as specified, and the above work to be performed in accordance with the. drawings
and specifications sub fitted for above work and co leted i a ubelantial work anlike manner for the sum of
C'- . Dollars ($j, j
Mth payments to be made as follows _
,nY alteration or deviation from shove specifications invgiving extra costs Respectfully submitted
All be executed only upon written order, and will become an extra charge
ver and above the estimate. All aiireements contingent upon strikes, acci-
ents, or delays beyond our control. e'er
Note - This proposal may be withdrawn
by us if not accepted within days
ACCEPTANCE OF PROPOSAL
he above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.
ayments will be made as outlined above.
Signature
3t0 _ Signature
y4. ",iQ JjJjJ+I
0 87 0 945i} f 3
i�
Grove Tree Service and Landscaping Inc.
7305 S.W. 100 Street/ Miami, Florida 33156
Phone: (305) 858 -6307
Proposal
Paae No. of Paaes
2 0777
PROP UWITTED TO
PHONE
DATE
STREET
JOB NAME
CITY, STATE AND ZIP CODE
JOB LOCATION _ (�
ARCHITECT
DATE OF PLANS
JOB THONE
We hereby propose to `Knish materials and labor necessary for the completion of:
NOT RESPONSIBLE FOR ANY UNDERGROUND DAMAGE
WE PROPOSE hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: r��y
dollars (1 \ 0-0 ` erzi
Payment to be made as follows:
All material is guaranteed to be as specified. All work to be completed in a substantial t
workmanlike manner according to standard practices. Any alteration or deviation from Authorized
above specifications involving extra costs will be executed only upon written orders, and will Signature
become an extra charge over and above the estimate. All agreements contingent upon
strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other Note: This proposal may be
necessary insurance. Our workers are fully covered by workmen's compensation insurance. withdrawn by us if not accepted within days.
Late charges on any past due balances over 30 days at 11/2% per month.
ACCEPTANCE OF PROPOSAL The above prices, specifications and condi-
tions are satisfactory and are hereby accepted. You are authorized to do the work
as specified. Payment will be made as outline above. Signature
Date of Acceptance: Signature
-----------------------------------------------
1,
SE-ICE BERT NEWCOMB
TREE AND LANDSCAPING SERVICE, INC.
8855 N.W. 95th St / Miami, F133178 / TeL (305) 883-8887 / Fax: (305) 883-0963
TO F—
(T L4 c
DATE
)ATE
'Ni
I/V
3Y
SIGNED
0
!m
City of South Miami
Inter- Office Memorandum
TO: ayor & Commission
FROM: L. Dennis Whitt {
City Manager
DATE: September 10, 1997
SUBJECT: Agenda Item #
Commission Meeting
September 16, 1997
Stormwater Drainage
Tennis Facility at
Dante Fascell Park
The attached resolution seeks approval for a field study on the stormwater
drainage at Dante Fascell Tennis Courts. Charges would be disbursed from
account number 2000 -3100, 'Professional Services ", not to exceed $4,150.
The Public Works department has been working with the Parks & Recreation
department to find an appropriate vendor.
The recommendation of the Public Works department is to have Vera &
Associates and C3TS perform this job. The Parks & Recreation Department is
in agreement.
I recommend approval.
c:\wpdocs\agenda.storm watertenni s97
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AUTHORIZING A FIELD STUDY TO INSTALL
5 STORMWATER DRAINAGE AT THE TENNIS COURTS AT DANTE FASCELL PARK
6 AND CHARGING THE DISBURSEMENT OF $4,150 FROM THE PARKS &
7 RECREATION DEPARTMENT ACCOUNT NUMBER 2000 -3100, "PROFESSIONAL
8 SERVICES ".
9 WHEREAS, the drainage at the Tennis Courts at Dante Fascell
10 Park is inadequate; and
11 WHEREAS, after it rains, standing water accumulates on the
12 courts; and
13
14 WHEREAS, this situation could be hazardous to the players and
15 deteriorates the condition of the courts; and
16 WHEREAS, the Public Works Department has determined that a
17 survey and an engineering study should be preformed to determine
18 actual construction costs; and
19 WHEREAS, the Parks & Recreation Department has agreed with the
20 overall study in an amount not to exceed $4,150, so that Stormwater
21 Drainage for the Tennis Courts at Dante Fascell Park could be
22 installed.
23 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
24 OF THE CITY OF SOUTH MIAMI, FLORIDA:
25 Section 1. That a purchase order is awarded to Vera &
26 Associates to perform a survey for the Stormwater Drainage at the
27 Tennis Courts at Dante Fascell Park not to exceed $1,100.
28 Section 2. That a purchase order is awarded to Corzo,
29 Castella, Carballo, Thompson & Salman, P.A. (C3TS), to perform an
30 engineering study for the Stormwater Drainage to be placed at the
31 Tennis Courts at Dante Fascell Park not to exceed $3,050.
32 Section 3. This resolution shall take effect immediately
33 upon approval.
34 PASSED AND ADOPTED this day of September, 1997.
35 ATTEST: APPROVED:
36
37 CITY CLERK MAYOR
38 READ AND APPROVED AS TO FORM:
39
40 CITY ATTORNEY
— \res.stormewaterdante97
m
SOUTH MAIMI PUBLIC WORKS DEPARTMENT
INTER - DEPARTMENTAL MEMORANDUM
TO: Melvin Tooks DATE: July 7, 1997
Parks & Recreation Director
l
FROM: ernan�Roguez SUBJECT: Stormwater Drainage
Acting Public Works Direc or for the tennis courts at
Dante Fascell Park
As you know, when it rains on the tennis courts at Dante Fascell Park, standing water will
accumulate on the courts due to inadequate drainage. This problem is most pronounced
at the northern and southern edges of the tennis, but standing water will also accumulate
along the eastern and western edges as well. This is an unacceptable condition since the
standing water poses a slipping hazard to players and will cause the accelerated
deterioration of the clay courts. The deterioration will force the City to resurface the
courts more frequently.
The primary reason for the standing water on the courts is the difference in elevation
between the court surface and the adjacent landscaped and sodded areas which are at a
higher elevation. As a result, rainwater has no where to drain; the stormwater stays on
the courts until it evaporates, or until it is absorbed by the court clay.
There are two solutions for this problem. Jhe "low- tech" solution would be to excavate a
channel/gutter around the perimeter of the tennis courts facility. This earthen channel
would provide an area of lower elevation for stormwater to drain into, and allow for
stormwater to infiltrate into the subsurface. The gutter solution has the advantage of low
initial costs to install (just the excavation and re- sodding expenses), but has significant
disadvantages as well; the gutters could become unsightly "mud holes" during the rainy
season. It is for this reason that the "low tech" solution is not recommended.
The other solution is to install a formal stormwater water collection and drainage system.
Such a system would probably include trench drains located between the courts to collect
the water, underground conduits to carry the stormwater to a pre - treatment structure to
remove clay particles from the water, and underground stormwater exfiltration trenches.
It would be necessary to perform an engineering study and elevation survey before costs
for such a system can be determined. The survey can be performed by Vera & Associates
(a firm currently under contract with the City) for approximately $1,100. The
engineering study can be performed by OTS (the firm handling the re- development of
Sunset Drive, and who is also preparing a Stormwater Management Program for the City)
for $3,050. Thus, the total initial costs to determine actual construction and long -term
maintenance costs would be $4,150.
Cc: David K. Goodin, Engineering Inspector to
WORK ORDER,FOR PROFESSIONAL SERVICES
TO: City of South Miami
Public Works Department
4795 S.W. 75th Avenue
South Miami, Florida 33155
ATTENTION: Fernando Rodriguez
Public Works Director
Engineers
A r C hit gets
an n ers PROJECT NAME: Drainage Study for Tennis Courts at
Pl
Dante Fascell Park
DESCRIPTION OF SERVICES:
DATE: 713/97
FILE: SM / PW
Investigation of the current drainage problem with the clay tennis courts at Dante Fascell Park to
include:
1. Field survey of differential elevations.
2. Visual inspection of site.
3. Review of available plans and other records.
E80005022 4• Study of alternates for drainage remediation
AAC007142 5• Preparation of report outlining investigation procedures, analyses, findings and
recommendations.
We shall provide you three (3) copies of the report.
TERMS AND CONDITIONS:
All terns and conditions shall be per our General Agreement for Professional Services. Our fee
for the above described services shall be $3,050.00.
We are ready to begin working on this assignment upon your authorization to proceed. If
acceptable to you, we will accept a signed copy of this form as your written authorization to
proceed with the assignment.
Thank you.
Corzo Castella Ca alto Th mpson Salman. P.A.
a Caste a, E.
Vice- President
RC /er
City of South Miami
Approved by:
Date:
C.1?2�0M07.039T
901 Ponce do loon Blvd_, Suite 900 Coral Gobles, Florida 33134 305.445.2400 1.500.448.0227 Focsimile 305.445.3366
Equal Opportunity Employer
0
AB MT CONSULTANTS, INC. y�
A.. 4 Ae ',a
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,w Mtn �{i Y �. ., .�6 but A. •%n�.�,.i. N11f MF'i�.+u ua .m., r
FAXLi1"&VIi +ia-R/
TO, Mr, Randall Boiko
c% City of ,South Miami
Recreation Department
FROM. Michael A Paley, P.R.
Project Manager
PROJECT Dante Fascell Park Tennis Courts
Drainage Improvements
DA 4E: September 3, 1997
Number of Pages Including Cover Sheets
attached hereto please,& d this rrm's Mposal, for the referenced proiect as we discussed 1 corn
also mailin o��of this firm's ificatior�s and experience booklet far vour review. Please
give me a call if you have any questions or reguire additional infibimation
If you receive this communication in error, or if you encountered any problems with
transmission, please call (3 05) 67'0 -1011.
This facsimile is privileged and confidential and is intended only for the individual or entity
named above and others who have been specifically authorized to receive it. If you are not the
intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited
Original: [XI by Regular Mail [ j by Express Mail [ j by Courier
9440 South oadeland Boulevard, Suite 37+0, Miami, Florida 33156
Telephone (305) 674 -1011 + Fax (305) 670 -1016
- ----------------- - - - - -- ---- - - - - -- ------------------- - - - - - - ------
..�•J : ?. 7 "vivi4 /... 4i I t.� ,vi.A [AV61 vvN C', U.... Alt T 3, .: N L. .. 3-05 670 1 J1 . PAGE. 2/7
AB 2 MT CONSULTANTS, INC. FILE Y
September 5, 1997
Mr. Randall Boiko
c/o City of South Miami
Recreation Department
6120 Sunset Drive
South Miami, Florida 33133
Re; Consulting Engineering Services for
Dante Fascell Park Tennis Courts located at
S.W. 57th Avenue and SN, 88th Street, South Miami, Florida
Dear Mr, Boiko:
Thank you for considering ABzMT Consultants, Inc., to provide consulting engineering services
in connection with the above referenced property (hereinafter called the "Project "). The Basic
Services proposed to be provided by this firm consist of design, permitting and construction
management of drainage improvements to alleviate localized ponding of stormwater around
existing tennis courts which occurs following storm events. The type and size of drainage
improvements required for the site will be dependent on the results of field percolation testing, and
topographic surveying, which are included in our Scope of Work. If percolation testing has been
performed in the past at this site and reports could be made available to us, then additional field
testing may not be necessary. Additionally, if topographic surrey information is available for the
property, surveying may not be necessary.
The Total Fee Amount proposed for our Basic Services is $4,800, which includes field testing and
surveying as set forth in the attached Scope of Work. We would expect to start our services
promptly after receipt of your acceptance of this Proposal and to complete the design phase of
our services within forty -five (45) days from receipt of an Authorization to Proceed. If there are
protracted delays for reasons beyond our control, if construction is not started within six (6)
months after completion of our final Drawings and Specifications, or if construction is not
completed within one (1) year, we would expect to negotiate with you an equitable adjustment-of
our compensation taking into consideration the impact of such delay.
For the purposes of this Project, the City. of South Miami will be known as the "Client ". The
Client is expected to furnish ABZMT Consultants, Inc., with hull information as to the Client's
requirements, including any special or extraordinary considerations for the Project or special
services needed.
9400 South Qadeland Boulevard, Suite 370, Miami, Florida 33158 to
Telephone (305) 6701011 & Fax (305) 670 -1016
SFP.�UH ' 97 XON? 07 46 AB2V.7 C`JNSU' TANTS,
cc — 1 - .�. ..v C. _
J
Please advise us at an early date if there are any budgetary limitations for that portion of the
Project set forth in the Scope of Work, We will advise you if said limitations are realistic and, if
so, endeavor to work within those limitations, If you request, we will submit to you periodically
during the design phase of our services our opinions as to the probability of completing
construction within your budget. We do not guarantee that our opinions will not differ materially
from negotiated prices or bids. If you wish to have greater assurance as to probable construction
cost, or if you wish formal estimates, an independent cost estimator should be employed.
Additional Services, if authorized by the Client, will be charged based upon the attached Schedule
of Charges for Professional Services, Reimbursable Expenses incurred in connection with all
Basic and Additional Services will also be billed in accordance with the attached Schedule of
Charges for Professional Services, and will be in addition to the fee for our Basic Services.
ABzIV T Consultants, Inc,, prepares invoices at the end of each calendar month based upon the
work completed during the billing cycle, invoices become due twenty (20) days after the date of
the invoice, and past due amounts are subject to a 1.5% per month finance charge,
This Proposal, the Scope of Work, and the General Terms and Conditions attached as Exhibit A,
along with the Schedule of Charges for Professional Services, represent the entire Agreement
between you and us in respect to the Project. If this satisfactorily sets forth your understanding of
our Agreement, please sign the enclosed copy of this Proposal in the space provided below and
return same to us; this will serve as our Authorization to Proceed.
This Proposal will by open for
Very truly yours,
ABzMi Consultants,
until October 5, 1997, unless changed by us in writing.
Accepted the I day of
,19
By:
P.E, Authorized Representative
City of South Miami
A
A02MT CONSULTANTS, INC.* ENGINEERING* ENVIRONMENTAL* PLANNING, (305) 670 -1011 *Fax (906) 670 -101® 16
SCHEDULE OF CHARGES FOR PROFESSIONAL SER8710ES
February 1996
ST�CATI__ r_ ORY
HOUBL'! .HATE
• Principals
$95
Project Managers
$80
Project Engineers
$65
• Engineering Technicians
$55
Environmental Scientists
$55
Field Technicians
$a0
• CADD Operators/Draftsmen
$45
Secretarial 5eMces
$30
VBURSA_ 11LE EXPENSESS
Fo Transportation Expense $ ,315 per mile
• Phatocopy Charges $ .20 per copy I + 15% Management Fee
• Facsimile $ .50 per sheet,]
• Other Reimbursable ExpensesCost + 15% Management Fee
G„TECHNI AI, AND F_ IEi 12 EXPENSE
In accordance with Supplemental Billings List.
LABQRATOBX ANALYSIS
In accordance vvith Supplemental Billings List.
FORENSIC ENGWERINGiN SERVICES
Expert testimony in legal, litigation or arbitration matters;
Services Rendered Staff ategory Hourly
Time in Court Principal $135.00
PAYMENT TERMS - NET 20 DAYS
9400 South Dadeland Boulevard, Suite 370, Miami, Florida 33156
Telephone (305) 670 -1011 • Fax (305) 670 -1016
sEF - -08 ' 97 V( ON) 07:47 A32M7 CONSITL;AN76,
9
SCOPE OF WORK
FOR
CITY OF SOUTH MIAMI
DANTE FASCELL PARK TENNIS COURTS
S.W. 57th AVENUE AND S.W. 88th STREET
SOUTH MIAMY, DALE COUNTY, FLORIDA
T. BASIC SERVICES
Des Fee Amqmaj
A, Design, preparation and permitting of engineering plans
for on -site drainage improvements for existing tennis
courts. (Note: includes Dade County Department of
Environmental Resources Management permitting only) $2,750
B. Related geotechnical services necessary for design
of drainage improvements:
Percolation Testing: 2 tests �7a $350/test $ 700
C. Related survey expenses required for design of drainage
improvements: $ S00
D. Contract Management Activities:
1, Preparation of written technical specifications $ 150
2, Procurement and evaluation of bids from
Contractors, bids, and making recommendations
regarding Contract Award. $ 300
E. Limited Inspection Services and Shop Drawing Review, including.
1. Review of Contractor's Shop Drawings for general
conformance with design concept. $ 150
2. Two (2) site visits to observe work in progress. $ 250
TOTAL FEE AMOUNT ILM
Page 1 of 2
k,
A02MT CONSULTANTS, INC. - FNGINEERING - ENVIRONMENTAL - PLANNING - (305) 670 -1011 - Fax (305) 6MI01,8
r
�• ADDM ®A 1E+ R,'ICE5
Unless otherwise specifically sot forth in Item I., the following items are not included in the Basic
Services and are customarily considered to be Additional Services:
A. Design, permitting and construction management of improvements in adjacent right-of-
way corridors.
B. Field surveys for staking out the work of the Contractor and preparation of as -built
drawings.
C. Plan processing through the City of South Miami Building and Zoning Department, or any
other regulatory agencies aside from the Dade County Department of Environmental
Resources Management.
D. Payment of plan review fees, permit fees, impact charges, etc., which may be required by
the regulatory agencies.
E. Services resulting from significant changes in the general scope, extent, or character of the
Project or major changes in documentation previously accepted by the Client where
changes are due to causes beyond the control of AB2MT.
N
Page 2 of 2
u
A92MT CONSULTANT$, INC. + ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 870 -1011 ■ Fox (305) 870.1018
. 40
EXHIBIT A
GENERAL TERMS AND CONDITIONS
TO THE AGREEMENT BY AND BETWEEN
AB2MT CONSULTANTS, INC. (AB2MT)
AND
THE CITY OF SOUTH MIAMI
L PAYMENT TERMS IV. RXIMTHS
a2MT Consultants, Ina (AB2M7) will submit Invoices fbf
awviom rendered Including reimbursable expenses at the end of each
calendar month based upon work completed during the calendar
month billing cycle. Invoices become due twenty (20) days aftsr the
date of the invoics, and past due amounts an subject to a 1.5% per
month finance charge, which Client agrees to pay. In addition,
AB2MT shall be "tied to recover all reasonable coats associated
with collection of past due invoice amounts Including but not limited
to ateE time, mid coats, attorney foes and other related expenses.
AMT reserves the rigid to cease all work on a project, whenever
an invoice amount beoomes past due.
IL Ipjt3i1EANCE
AB2MT carries statutory WorkeA Compensation Inurance, General
L.Isbilit% Automobile Nobility and UWnsured Motorist oovefage.
Insurance certificates for AB2MT or for any suboot*ador to be
utiKW by AB2MT in perfWmince of Site samloes described in the
leper ageemant will be'fbrnished to the Client on request,
u e Y, • e � .iY...i � �
To the fullost extent permitted by law, the total liability, in the
aggragate, of AB2MT and AB2MTs officers, directors, employees,
agents and Independent pmNsional associates, subconsultants and
cottnators and any of than, to the Cllett and anyone claiming by,
through or under the Client, for say and all igjurim, claitus, losses,
expenses or damagas whstscaver, arising out of or in any way related
to AB2Mrs services, the project, or this Agreement, harm any cause
or causes whatsoever, including but not limited to the negligence,
awns, ornissions, strict liability or breach of oontraot of AH2MT or
AB2MT"s WK;srs, directors, employees, agenda or independent
profbssional associates, subaansultants, or contractors, or any of
then, shall not exoead the total compensation received by AB2MT
under this agreemea or the total amount of $50,000, whichever is
Send'•
In the event that any dispute should arise relating to the services
described herein, and shcuid that dispute result in litigation or
wbftmtfon, it Is agreed by AMT and the Client that the- pw alling
pally shall be entitled to recover all reasonable costs incurred in
pursuing a clalm arising from the dispute, including but not limited to
stall time, own oos% attorney ibex, and other related expenses.
A132MT and the Client flnrther agree that any action brought to
enfbms any provisions of the Agreement shall only be brought in a
court of competent jurisdiction located in Bade County, Rod& The
entire Agreement will be governed In all respects by the laws of the
State of Florida.
'Phis Agnament may be terminated by either party upon seven (7)
days written notice. in the event of suhu tial fbilure by the other
party to perform In accordance with the iono herein. Such
termination shall not be effeadve If'thet substantial Allure has bean
remudiad bef n expiration of the period apeaod in the written
notice. In the event of terrnnitmt[mn, AH2MT shall be paid flu services
paibrtned to the twninatica native data, plus any nuonable and
customary expanses associated with the iarmination, such as the oosts
of demobilization.
V1. 017 DOCUMENTS
All reports, field data, field notes, analytical data, calculations, Cost
estimates and other documents prepared or furnished by AMT
pursuant to this AVaement, including documents prepared by
subCOtwhanta and contractors of AB2MT are kd0umatts ofsmvice
and AB2MT shall retain an ownership and property interest therein.
Any reuse of such Instruments of service by the Client without
written authorization frem AB2MT will be at the Clisnt'a sole risk
and witImut liability or legal exposure to AWMT, or to any
subcomsultarda or contractors of AMML AB2MT will retain all
pertinent documents prepared or produced pursuant to this
Agreement for a period of at last three (3) years attar the last
professional services are provided.
�J
AB2MT CONSULTANTS, INC. a ENGINEERING + ENVIRONMENTAL • PLANNING 4 (305) 670.1Oil • Fax (305) 870.1019
SOUTH MIAMI PUBLIC WORKS DEPARTMENT
INTER - DEPARTMENTAL MEMORANDUM
TO: Maria Stout -Tate
Administrative Secretary
FROM: David K. G
Engineering nor
DATE: September 8, 1997
SUBJECT: Dante Fascell Tennis Courts
Stormwater Drainage
Attached is an extra copy of that memo Fernando and I developed discussing the
stormwater drainage problems at the Dante Fascell Tennis Courts.
Fernando and I have also reviewed the proposal from VSN Engineering, Inc., to prepare
stormwater drainage plans for the tennis facility. When questioned, Mr. Rodolfo Vargas -
Fournier, P.E., of VSN admitted that he had not anticipated the special problems
associated with clay tennis courts. However, he did say that he would research this issue
and that the plans submitted would be appropriate for the job. As long as our
authorization contract with VSN stipulates that this job is "lump sum" billing and that
final payment cannot be given until the plans are approved by the City's Building
Department (i.e., Peter Iglesias ) and Public Works Department, then we should be
protected in case the first set of plans (or subsequent plans) are inappropriate for clay
courts.
On another issue, I have attached a copy of DERM's Best Management Practices for golf
courses (the closest they have to public parks). Please give these to Mr. Doug Baker to
review. I am preparing a National Pollutant Discharge Elimination System (NPDES)
report for submittal to DERM and the EPA, and would like to say that the City's use of
pesticides, herbicides, and fertilizer is in accordance with these Best Management
Practices.
Thanks. Please call if you have any questions.
Z/
�® Q Pil 0 fftl O P 0 (hl CIVIL
LAND DEVELOPMENT
TRAFFIC AND TRANSPORTATION
�o
August 22, 1997
CITY OF SOUTH MIAMI
Public Works Department
4795 SW 751h Avenue
South' Miami, Fl. 33155
Attention: Mr.'Fernando Rodriguez
Public Works Director
Reference: Proposal for Civil Engineering Services
for Tennis Court Drainage at Dante Fascell Park
Gentlemen:
VSN Engineering, Inc. is pleased to ` submit this , proposal for providing Civil
Engineering services for the above referenced project. VSN Engineering, Inc. (VSN)
hereafter referred to as "the Engineer", offers to provide the CITY OF SOUTH MIAMI
(CSM) the following services for the fee stipulated herein:
Grading and Drainage System Plans
Design, Plans preparation and regulatory approvals for a storm drainage system to
serve the above mentioned facilities. VSN will research the existing records, inspect the
site and prepare a Preliminary Drainage Plan based on a Topographic Survey provided
by CSM. After review and approval by CSM of the Preliminary : Drainage Plan, VSN will
finalize the Construction Plans and submit them for approval to City of "South Miami
Public Works and Metropolitan Dade County Department of Environmental Resources
Management (DERM). VSN will conduct two (2) site visits, during construction and
prepare certifications based on As -Built plans prepared by a Registered Land Surveyor.
Topographic, As -Built Surveys and Percolation Tests are not included in this proposal.
Meetings and additional services beyond the above referenced scope will be provided
at a rate of $ -70.00 per hour.
LUMP SUM FEE . ............... .... ....`........................., ........$ 1,500.00
If you have any questions, please contact this office.
Very truly yours:
VSN En ' ee . c
rr
Rodolfo Vargas/Fournier, PE
8550 W. FLAGLER STREET SUITE 113 MIAMI FLORIDA 33144' to
TEL: (305) 551 -6267 e FAX: (305) 5'51 -4542
��%�- 0 P11 D Ihl 0 P fl ff11 CIVIL
r� LAND DEVELOPMENT
� TRAFFIC AND TRANSPORTATION
®InVI�
ILJI VV �
August 22, 1997
Page 2
PAYMENT:
The Engineer proposes to submit invoices for services rendered based on the percent
completion of the work. Payments are due and payable upon receipt of invoice.
Printing, approval fees and out -of- pocket expenses are not included in this fee and will
be invoiced separately.
Payment Schedule:
Payment #1 (at Notice to Proceed) .................... ........ $ 750.00
Payment #2 (At 100% Plans Completion) :............... $ 750.00
Total............ ...............
.. .................................... $ 1,500.00
Any amount unpaid after 30 days from date of invoice ;shall bear interest at a rate of
1.1% per month. The CITY OF SOUTH MIAMI shall pay for all expenses incurred in
connection with the collection of overdue amounts including attorney's fees and out-of-
pocket expenses.
The Engineer shall reserve the right to discontinue providing services on all past due
accounts and /or if the Client fails to substantially; perform in accordance with the terms
of this Agreement.
8550 W. FLAGLER STREET, SUITE 113, MIAMI, FLORIDA 33144
TEL: (305) 551 - 6267 . FAX: (305) 551 -4542
�® a n 0 Is* VP ill ] CIVIL
n I LAND DEVELOPMENT
TRAFFIC AND TRANSPORTATION
August 22, 1997
Page 3
TERMINATION OF AGREEMENT:
This Agreement may be terminated by either party upon not less than seven days
written notice should the other party fail to substantially, perform in accordance with the
terms of this agreement through no fault of the party initiating the termination. 1n the
event of termination not the fault of the Engineer, or due to the suspension . of the
Project, the Engineer shall be compensated for all services performed prior to
termination including Reimbursable Expenses,
ACCEPTANCE OF PROPOSAL:
The above fee and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified.
Payment will be made as outlined previously.
THIS PROPOSAL IS ACCEPTED BY: THE ENGIN
Name and Title Rodolfo Vargas - Fournier, PE
Principal
CITY OF SOUTH MIAMI V/SN Engineering, Inc.
Date Date
8550 W. FLAGLER STREET, SUITE 113, MIAMI, FLORIDA 33144
TEL: (305) 551 -6267 • FAX: (305) 551 -4542 Av
CIVIL
LAND DEVELOPMENT
TRAFFIC AND TRANSPORTATION
InVI�
E
August 22, 1997
CITY OF SOUTH MIAMI
Public Works Department
4795 SW' 75'h Avenue
South Miami, Fl. 33155
Attention: Mr. Fernando Rodriguez
Public Works Director
Reference: Proposal for Civil Engineering Services
for Tennis Court Drainage at Dante Fascell Park
Gentlemen:
VSN Engineering, Inca is pleased to submit this proposal for providing Civil
Engineering services for the above referenced project. VSN Engineering, Inc. (VSN)
hereafter referred to as "the Engineer", offers to provide the CITY OF SOUTH MIAMI
(CSM) the following services for the fee stipulated herein:
Grading and Drainage System Plans
Design, Plans preparation and regulatory approvals for a storm drainage system to
serve the above mentioned facilities. VSN will research the existing records, inspect the
site and prepare a Preliminary Drainage Plan based on a Topographic Survey provided
by CSM. After review and approval by CSM of the Preliminary Drainage Plan, VSN will
finalize the Construction Plans and submit them for approval to .City of South Miami
Public Works and Metropolitan [fade. County Department of Environmental Resources
Management (DERM). VSN will conduct - two (2) site visits during construction and
prepare certifications based on As -Built plans prepared by a Registered Land Surveyor.
Topographic, As -Built Surveys, and Percolation Tests are not included in this proposal.
Meetings and additional services beyond the above referenced scope will be provided
at a rate of $ 70.00 per hour.
LUMP SUM FEE ....................... $ 1,500.00
If you have any questions, please contact this'office.
Very truly yours:
=-Fourni
r, PE
8550 W. FLAGLER STREET, SUITE 113, MIAMI, FLORIDA 33144
TEL: (305) 551 -6261 • FAX: (305) 551 -4542
CIVIL
6 -- LAND DEVELOPMENT
TRAFFIC AND TRANSPORTATION
H E
August 22, 1997
Page 2
PAYMENT:
The Engineer proposes to submit invoices for services rendered based on the percent
completion of the work. Payments are due and; payable upon receipt of invoice.
Printing, approval fees and out -of- pocket expenses are not included in this fee and will
be invoiced separately.
Payment Schedule:
Payment #1 (at Notice to Proceed) ............................... $ 750.00
Payment #2 (At 100% Flans Completion) .......................... $ 750.00
Total................................................ :............................ .. $ 1,500. 00
Any amount unpaid after 30 days from date of invoice shall bear interest at a rate of
1.1% per month. The CITY OF SOUTH MIAMI shall pay for all expenses incurred in
connection with the collection of overdue amounts including attorney's fees and out -of-
pocket expenses.
The Engineer shall reserve the right to discontinue providing services on all past due
accounts and /or if the Client fails to substantially perform in accordance with the terms
of this Agreement.
ctht� S ®o tp l �� CIVIL
LAND DEVELOPMENT
TRAFFIC AND TRANSPORTATION
August 22, 1997
Page 3
TERMINATION OF AGREEMENT:
This Agreement may be terminated by either party upon not less than seven days
written notice should the other party fail to substantially perform in accordance with the
terms of this agreement through no fault of the party initiating the termination. In the
event of termination not the fault of the Engineer, or due to the suspension of the
Project, the Engineer shall be compensated for all services performed prior to
termination including Reimbursable Expenses.
ACCEPTANCE OF PROPOSAL:
The above fee and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified.
Payment will be made as outlined previously.
THIS PROPOSAL IS ACCEPTED BY:
Name and Title Rodolfo Vargas- Fournier, PE
Principal
CITY OF SOUTH MIAMI VSN Engineering, Inc.
s 2z
Date Date
8550 W. FLAGLER STREET, SUITE 113, MIAMI, FLORIDA 33144
TEL: (305) 551 -6267 9 FAX: (305) 551.4542
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4 n n ®® LAND DEVELOPMENT.
TRAFFIC AND TRANSPORTATION
ITVIrri
rilirr�lw+ri U V iw
RODOLPO J. VARGAS, P.E., Civil Engineer /,President
EDUCATION: Bachelor of Science; Civil Engineering Technology;
1=lor,da International University.
REGISTRAT16k Professional thgirteer-Fiorida ( #3564$)
PROFESSIONAL, b(PERIENCE:
In .over twenty year of professional practice. Mr. Vargas has
been Project Engineer responsible for, the preparation of
plans and construction specifications, review of construction
drawings, design of commercial and residential site
developments, design, calculation' and preparation of plats,
paving and• drainage, water •and sewer plans for major and
minor, residential projects throughout Dade and Broward
Counties, permitting and. contract administration.
As e' Design Ehgineer,;Mr. Vargas has been responsible for
the, design and plan preparation of urban highway projects
with Dade;., Pinellas and Alachua Counties as well as
Interstate Highways and Expressways.
Prior to" forming . V,S.N:: Engineering, Inc., Mr. Vargas
provided design . and regulatory permitting of complete
development plans. He also developed a `specialized forte in
the design of complex highway stormwater manage-
meat and drainage systems,. .
H'i's specific' duties . have included all phases of preparation
of roadway. ' plans Including design;' supervision and
coordination of construction plans for Dade County Public.
Works , Department and the Florida Department , of
Transportation; site design,' permitting and supervision for,
Warehouse facilities, shopping centers and. governmental
facilities, and the preparation of Planning Development and
Environmental studies (P.D. & E.) in Dade County.
No AdMOMMOM err UD n tm ®P a1 CIVIL
LAND DEVELOPMENT
TRAFFIC AND TRANSPORTATION
M0iWM h1
REPRESENTATIVE PROJECT EXPERIENCE INCLUDES:
S'
Design Engineer for 1 -95 HOV Lanes from Dade County Line
to south of Sheridan Street, .Broward County. This project is
for a 10 to 12 lane section with complete redesign of three
interchanges at Hallandale, Pembroke and Hollywood
Boulevards and Broward County.
Design Engineer, for the Stormwater Management System
and major Pump Station for the Dade County Resource
Recovery racility which includes 160 Acres of combined
Landfill and Processing Plant Facility.
Additional project experience includes the design of S.W.
67th Avenue, Dade County, Milam Dairy Road, Dade
County; $ W 104 "' Street; Dade County, Bryan Dairy
Road, Pinellas County; ".N W. >25th Street, Dade County, 10-
12 :'Avenue Connector, Dade County; Americas
Gateway Park, Dade County, San Jose- Siquirres; Costa
Rica; "Hunter's"Creek Shopping Center, Orange County; The
Hammocks Shopping Center, Miami Trade Winds
Shopping Center,' Pensacola; Valrico 'Shopping Center,
Tampa; Stirling Square, Shopping Center, Fort Lauderdale;
The Landings 'Shopping Center; Loehman's Plaza
Shopping Center Dade; County; Sarasota; Lake Fair Mall,
Tampa; ' W6stwih Lakes, Development, Dade County;
Country.., Lake. Mannorg, Dade County; Couva South
Housing, Trinidad; `,;and . "James C. Scott (HUD), Dade
County; International Corporate Park, Dade County;
,Tropicaire Shopping Center; Dade County; 'Lakeview
Commerce Park,'.; Dade County; Transal Office and
Warehouse park; ,Dade County.
i I, `
0
of
Or
ii9ppbrtmput of Otatp
I certify that the attached is a true and correct copy of the
Articles of Incorporation of VSN ENGINEERING, INC., a corporation
organized under the Laws of the • State of Florida, filed on
October 17, 1989, as shown by the records of this office.
The document number of this corporation is L23807.
(Sivett under mg 4aub ttnb toe
Orient $eal of #lle ,*#tt #e of Aloriba,
tt# �ttllttljttssee, #lfe f�ttpi #ttl, #ljis #lie
19th bag of October, 1989.
Tim '*MR 4
,6erretnrg of 66-#ttte
VC
FLORIDA STATE BOARD
of
PROFESSIONAL ENGINEERS
CERTIFICATE No. EB -000 5 5 2 9
CERTIFICATE OF AUTHORIZATION PERMITTING INDIVIDUAL REGISTERED PROFESSIONAL ENGINEERS TO OFFER
PROFESSIONAL SERVICES TO THE PUBLIC THROUGH A CORPORATION, PARTNERSHIP, FICTITIOUS NAME OR
ASSOCIATION.
WHEREAS VSN ENGINEERING, INC.
HAS MET THE REQUIREMENTS OF CHAPTER 471.023, FLORIDA STATUTES,
FLORIDA STATE BOARD OF PROFESSIONAL ENGINEERS
AUTHORIZES THE SAID CORPORATION
TO OFFER TO THE PUBLIC PROFESSIONAL ENGINEERING
SERVICES OF THE FOLLOWING LISTED INDIVIDUALS:
RODOLFO J. VARGAS #PE0035648
IN TESTIMONY WHEREOF, WITNESS THE SIGNATURE OF THE DIRECTOR UNDERSEAL OF THE BOARD
THIS 14th DAY OF December 1989
[SEAL]
DIRECTOR
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METROPOLITAN DADE C
METRO DADE
VSN Engineering,
8550 W. Flagler
Miami, FL 33144
)NTY, FLORIDA
July 10, 1997
Inc.
Street, Suite 113
Mr. Rodolfo Vargas- Fournier
Dear Consultant:
Q,
STEPHEN P. CLARK CENTER
PUBLIC WORKS DEPARTMENT
SUITE 1610
111 N.W. 1st STREET
MIAMI, FLORIDA 33128 -1970
RE: Professional Services
Certification
Upon review of the information submitted in support of your
application for Dade County certification as qualified to provide
professional services to the County, we hereby certify acceptance
of your qualifications in the work categories identified on the
attached Statement of Certification.
This certification will expire on the date indicated for each of
the approved work categories. It may be renewed by written
request submitted not less than 30 days prior to the expiration
date. Renewal requests must be accompanied by the required
signed and sealed forms, personnel resumes, and copies of the
Secretary of State and Florida Department of Professional
Regulation Certificates of Authorization to transact business in
the State of Florida as a Corporation and a Professional
Business, respectively, as may be appropriate for your firm. You
are required to notify us immediately of any change in
professional personnel and of any significant change in the
strength of support personnel which occurs during the period your
certification is in effect. Failure to comply with this
requirement may result in revocation of certification.
Certification
any time upon
information.
JWR /JRB /hs
Enclosures
in additional work categories will be considered at
your written request if supported by appropriate
Very truly yours,
ohn W. Ren , P.E.
Chairperson
Certification Committee
Equal Opportunity /Handicap Employer /Services
M
METROPOLITAN DADE COUNTY, FLORIDA
STATEMENT OF ENGINEERING, ARCHITECTURE AND
LAND SURVEYING TECHNICAL CERTIFICATION
VSN Engineering, Inc.
8550 W. Flagler Street, Suite 113
Miami, FL 33144
Mr. Rodolfo Vargas- Fournier
CATEGORY
CERTIFIED
EXPIRES
1.00 - TRANSPORTATION PLANNING
2.00 - MASS TRANSIT SYSTEMS
3.00 - HIGHWAY SYSTEMS
7/10/97
7/31/98
4.00 - AVIATION SYSTEMS
5.00 - PORT AND WATERWAY SYSTEMS
6.00 - WATER AND SANITARY SEWER SYSTEMS
7.00 - SOLID WASTE COLLECTION AND
DISPOSAL SYSTEMS
8.00 - TELECOMMUNICATION SYSTEMS
9.00 - SOILS, FOUNDATIONS AND MATERIALS TESTING
10.00 - ENVIRONMENTAL STUDIES
11.00 - GENERAL STRUCTURAL ENGINEERING
12.00 - GENERAL MECHANICAL ENGINEERING
13.00 - GENERAL ELECTRICAL ENGINEERING
14.00 - ARCHITEC,TURE
15.00 - GENERAL SURVEYING
16.00 - GENERAL CIVIL ENGINEERING
7/10/97
7/31/98
17.00 - ENGINEERING CONSTRUCTION MANAGEMENT
18.00 - ARCHITECTURAL CONSTRUCTION MANAGEMENT
19.00 - VALUE ANALYSIS AND LIFE -CYCLE COSTING
W. Renfrow, P.E., Chaii
Certification Committee
UU
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE
5 FUNDS FOR AN AMOUNT NOT TO EXCEED $2,200.00 FROM THE PARKS &
6 RECREATION DEPARTMENT ACCOUNT NUMBER 2000 -6430, "OPERATING
7 EQUIPMENT" TO BUILD A NEW TIKI HUT AND REPLACE THE EXISTING
8 ONE WHICH WAS DAMAGED DUE TO HURRICANE ANDREW AT DANTE FASCELL
9 PARK TENNIS COURTS.
10 WHEREAS, the present Tiki Hut was damaged during Hurricane
11 Andrew; and
12 WHEREAS, it is inadvisable to repair the current structure
13 located at the Dante Fascell Park Tennis Courts; and
14
15 WHEREAS, the Public Works Department has determined that this
16 is a sole source vendor and a new structure should be built so that
17 the damaged structure can be taken down. The Parks & Recreation
18 Department therefore recommends that a new "Tiki Hut" be built so
19 that the Tennis participants would have adequate shade from the sun
20 and rain. The cost shall not exceed $2,200.00; and
21 WHEREAS, the disbursement of these funds would come out of the
22 Parks & Recreation Department account 2000 -6430, "Operating
23 Equipment ".
24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
25 OF THE CITY OF SOUTH MIAMI, FLORIDA:
26 Section 1. That a purchase order is awarded to Miccosukee
27 Tribe of Indians of Florida, to build a "Tiki Hut" at the Tennis
28 Courts at Dante Fascell Park not to exceed $2,200.
29 Section 2. That the existing structure be removed without
30 further cost.
31 Section 3. This resolution shall take effect immediately
32 upon approval.
33 PASSED AND ADOPTED this day of September, 1997.
34 ATTEST:
35
36 CITY CLERK
37
38
39
40
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
a: \res.tiki97
APPROVED:
1h
Jb -
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Maria Stout -Tate
Administrative Secretary
Parks & Recreation ep;
FRO W. F � ez
Director, Pu is rks
DATE: September S, 1997
SUBJECT: DANTE - FASCELL
"TEO HUT" VENDOR
It is my understanding that the "experts" in these type of structures are Native
Americans. We looked into other such sources, including a Seminole Tribe
vendor recommended to us. However this vendor was found to be out of the
business. The Miccosukee Tribe vendor therefore appears to be the "sole
source" for this project. This vendor has done extensive work for Fisher
Island, the community adjacent to Miami Beach.
cc: Rudy de la Torre
Alina Menocal
M,
4-
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
TO: Maria Stout -Tate
Administrative Secretary
,�
FROM: o�J. Vd;i�guez
Director, Public Works
DATE: August 28, 1997
SUBJECT: DANTE - FASCELL
"TIKI HUT"
---------------------------------------------------------------------------
As discussed earlier today, the repair of the but is inadvisable due to its
current state of disrepair. The Seminole vendor who specializes in this type
of structure has provided a quote of $2,200 (attached) to remove the old but
and build a new one at that location.
Thank you for you assistance in this matter.
cc: Rudy de la Torre
Alina Menocal
Attachment
it
08i 2a/.97 07:38 x'305 223 1011 W.JVV41 gut
16e-
r
Y z Z Oo!
zz3-o379
Business Council
Billy Cypress
Chairman
Jasper Nelson
AWL Chairman
Andrew Bert, Sr.
Secretary
Max Billie
Treasurer
Jerry Cypress
Lawmaker
WU5 ZZ3 AURA aaa� U SCG u�toc wJvv4 vud
Miccosukee Tribe of Indians
of Florida
P.O. Box 440021, Tamiami Station, Miami, FL. 33144
Telephone: 305 -223 -8380 / Fax: 305 -223 -1011
TELEFAX COVER SHEET
DATE: _ - a - �i r7 FAX NUMBER: -.3
NUMBER OF PAGES INCLUDING COVER SHEET: O�
PLEASE DELIVER DOCUMENTS PROMPTLY TO: i
NAN E" RE: s + M a4-6
» » » » » » » » » » » »> » » » » » » » » » » » » » »»
THIS FAX IS FROM:
NAME .1 1 . t
COMMENTS:
IF YOU DO NOT RECEIVE ALL TELEFAX PAGES CALL, A 3 - Ff EXT.: �
1A11
TO
FROM:
-------------
o and City
L. Dennis Whitt
City Manager
City of South Miami
Inter- Office Memorandum
Cession _ DATE:
September 11, 1197
SUBJECT: Agenda Item # ___
Commission Meeting
September 16, 1997
Purchase of New Van
----------------------------------------- - - - - --
The attached resolution is seeking release of funds from the Parks &
Recreation Department, account number 2000 -6430, "Equipment Operating"
for the purchase of a new fifteen passenger van.
A purchase order should be awarded to Maroone Dodge not to exceed
$23,660.00.
I recommend approval.
C: \WPDOCS \WHn'F. V m97
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE FUNDS FROM THE PARKS & RECREATION DEPARTMENT
ACCOUNT NUMBER 2000 -6430, "EQUIPMENT OPERATING ", TO
PURCHASE A NEW 1997 15 PASSENGER VAN AND NOT TO EXCEED
$23,660.00.
WHEREAS, Article III, Section 5, H, of the City Charter,
requires bids be obtained for purchases of items over $1,000.00;
and
WHEREAS, the City of South Miami Parks & Recreation Department
obtained bid prices from three different vendors; and
WHEREAS, the lowest bid was Moroone Dodge at $23,659.00; and
WHEREAS, one of the vans is dilapidating and is unsafe for
transporting children, the Parks & Recreation is seeking to
purchase a new van not to exceed $23,659.00.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is awarded to Moroone
Dodge for a 15 passenger van not to exceed $23,660.00.
Section 2. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this day of September, 1997.
ATTEST:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
— \res.van97
/2
--------------------------------------------- --------- - - - - -- ---- - - - --- --- - - ---
I C H R Y S L E R C 0 R P U R A T I 0 N I N V O I C E
I 3512 -A
I PLANT ZONE DEALER VEHICLE 11) NO. INVOICE NO. INVOICE DTj
{ PILLETT'E RD 66 43776 2H5WB35Z6VK592626 V -AB3- 50729518 08%21/97
SHIP
TO:
SOLD
TO:
MAROONE DODGE INC
21151 N W 2ND AVENUE
MIAMI FL 331692
MAROONE DODGE INC
21151 N W 2ND AVENUE
IGN KEY L0023
TRK KEY 0023
ACC KEY
9106- 01-BV21
{
MIAMI FL 331692
SHIPPING 'roil`. 5411
{ PAID
FOR BY: FORT} MOTOR CREDIT COMPANY
{
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688 - 600160 -00 i
---- - - - - -- - ---- - - - -------------------------------------------
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--- --- ----------------
Dodge Ram 3500 Maxiwagon 127.6" WB
- - - - - - - - -- ---- �- - - --
21,723-00
PW6
Bright White
N6D5
Deluge High Back Vinyl. Bucket Seats
NO CHARGE
DGB
4 Speed Automatic Transmission
NO CHARGE
EML
5.9L Magnum V -8 MPI Engine
2310.00
GLC
Dual Rear Doors - Vented Glass
NO CHARGE
HBB
Aux Rear Heater & Air Conditioning
650.00
YDH
'Owners Fallow Up Services"
15.00
YEP
Certificate of Origin
YGJ
Gasoline 13 Gallons
16.00
OED
Product Tracking
28B
Value Wagon Advantage Package #288
B43
SOUTH FLORIDA - PPA /EB -PF
235.00
'T`43
S()UTH FLORIDA - DAA
175.00
064
DESTINATION CHARGE
615.00
HB 78000
MDH ## 082019
EP 22229
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---------------------------------------------------------
MSRP RETAIL TOTAL 26,600.00 TTAL 23,659.00 j
{ U GiNAL INVOICE
{THIS VEHICLE IS MANUFACTURED TO MEET SPECIFIC UNITED STATE
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LIEN 7tiOLOEFt y—
csx�ua rramrso_anrr� ■um I
nEi Irani ano Dacx of tnig urOer conipnSe the entire agreement Owing this purchase and no other agreement or understanding of any nature concerning same Ilag brien
OF entered into; or will be recoynt_etl.
F,avr:. wd 01_, rnsll(Jr pri ;lcd 0„ the back hereof and algrse to It as a part or this order the same as If it were. printed above my slgnaturn. I c7Artify lhak I am is years of ago,
4,sr.
and hereby aekmowiedj tscelpt of a copy of this ordrar.
'Tht tnlormation you see on the window form for this vehicle Is pert of this contract. information on the window form ovarridas any eontre.ry provisions in the aonimc -t of Safe."
RN siGIJED: -- BUYER ,
THIS ORE)ER 15 NOT VALID UNLESS SIGNED AND ACCEPTED
BY DEALER OIL HIS AUTHORIZED REPRESENTATIVE
WED:
QSALG.I )R AIJTY+S�PI iJ LCrITATI'.'6
FOLICYlNlJM4 ER E
EFFECTIVE DATF
A
AGENT DL<NE,x N
nEi Irani ano Dacx of tnig urOer conipnSe the entire agreement Owing this purchase and no other agreement or understanding of any nature concerning same Ilag brien
OF entered into; or will be recoynt_etl.
F,avr:. wd 01_, rnsll(Jr pri ;lcd 0„ the back hereof and algrse to It as a part or this order the same as If it were. printed above my slgnaturn. I c7Artify lhak I am is years of ago,
4,sr.
and hereby aekmowiedj tscelpt of a copy of this ordrar.
'Tht tnlormation you see on the window form for this vehicle Is pert of this contract. information on the window form ovarridas any eontre.ry provisions in the aonimc -t of Safe."
RN siGIJED: -- BUYER ,
THIS ORE)ER 15 NOT VALID UNLESS SIGNED AND ACCEPTED
BY DEALER OIL HIS AUTHORIZED REPRESENTATIVE
WED:
QSALG.I )R AIJTY+S�PI iJ LCrITATI'.'6
- CITY OF SOUTH MIAMI
® INTER - OFFICE MEMORANDUM
To: Mayor and City Com'n. Date: September 4, 1997 1.3
From: Earl G. Gallop Re: Resolution authorizing engagement
of telecommunications counsel
Issue: The proposed 20 -year lease of a portion of Dante Fascell Park to BellSouth
Mobility, Inc. for a telecommunication facility is immensely important. The literature
indicates that there will be an enormous increase in telecommunication facilities in the next
few years. This first lease should be evaluated by a specialist in telecommunications law
because it will create expectations that future leases will contain similar provisions.
Leibowitz & Associates, P.A., provides telecommunication services to local
governments. It has been used by the City in the past on cable TV franchise matters. It will
provide services on the proposed lease for a blended $200 hourly rate, not to exceed
$4,000.00. 1 am hopeful that the lease can be presented to the commission at the October 7,
1997 regular meeting.
Copies of the law firms proposal and the proposed lease are attached.
Recommendation: Authorize the City Attorney to engage Leibowitz & Associates,
P.A.
CAMYFILES \CSMMEMOS \TELECOM.MEM
ROY J. BAROUET
STEPHEN S. SODDEN
NINA L. BONISKE
DANIEL H. COULTOFF
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
JILL A. JARKESY"
GILBERTO PASTORIZA.
ELLEN N. SAUL*
GAIL D. SEROTA'
JOSEPH H. SEROTA
DANIEL A. WEISS*
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
WEISS SEROTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 420
BROWARD OFFICE
MIAMI, FLORIDA 33133 888 EAST LAS OLAS BOULEVARD
TELEPHONE (305) 854 -0800
TELECOPIER (305) 854 -2323
Earl Gallop, Esq.
City Attorney
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
August 11, 1997
SUITE 710
FORT LAUDERDALE, FLORIDA 33301
TELEPHONE (954) 763-1189
PALM BEACH OFFICE
1872 SOUTHWEST 17TH STREET
BOCA RATON, FLORIDA 33486
TELEPHONE (561) 392 -8762
TELECOPIER (561) 392 -7551
"OF COUNSEL
Re: Lease Agreement between the City of South Miami and
BellSouth Mobility Inc (the "Agreement ")
Dear Mr. Gallop:
At the City's request, we have revised the captioned Lease
Agreement to include Section 19 dealing with Co- Location.
BellSouth. also requested that additional language be added to
Section 4.01. This language has been added at the end of that
Section.
Kindly review the revised Agreement and call me at your
earliest convenience to discuss any ..ons and /or comments.
Thank you. for your anticipated cooperAfionAn this matter.
Si
Gilberto Pastoriz
GP /mr
CC: JoEllen Cox
Dennis Witt, City Manager
Melvin Tooks, Parks Director
016.191
IE
1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE
4 AGREEMENT WITH BELLSOUTH MOBILITY, INC.; AUTHORIZING
5 THE CITY ATTORNEY TO ENGAGE SPECIAL COUNSEL TO
6 EVALUATE PROPOSED LEASE; PROVIDING AN EFFECTIVE DATE.
7 WHEREAS, representatives of the City of South Miami and BellSouth Mobility, Inc.,
8 have negotiated a proposed lease for a portion of the Dante Fascell Park for the location and
9 operation of a 120 foot monopole, antennas, accessory building and access for an initial term
10 of 20 years, with two 5 -year renewal terms; and,
11 WHEREAS, because of recent federal deregulation of telecommunications,
12 technological developments, and expansion of the industry, the City anticipates that
13 additional telecommunication facilities will be located within the city in the foreseeable
14 future; and,
15 WHEREAS, the City Attorney desires to engage special counsel to evaluate the
16 proposed lease because this initial telecommunications lease will create an expectation that
17 future leases will provide equivalent terms and conditions; and,
18 WHEREAS, the law firm of Leibowitz & Associates, P.A., submitted the attached
19 proposal to provide telecommunication services; and,
20
21
22
23
24
25
26
27
28
WHEREAS, the Mayor and City Commission desire to authorize the City Attorney
to engage the law firm.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Attorney is authorized to engage Leibowitz & Associates, P.A.
to provide legal services in connection with the proposed lease with BellSouth Mobility, Inc.
for a cost not to exceed $4,000 for professional services plus costs. Such amounts as are
approved by the City Attorney shall be charged to Account No. 1500 -4320, Cable TV
Franchise Attorney.
1
2
3
4
5
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 16 day of September, 1997.
ATTEST:
APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
9 CAMYFILES \CSM\TELEREP.RES
2
Ural
LAIMA
LEASE AGREEMENT BETWEEN THE
CITY OF SOUTH MIAMI AND BELLSOUTH MOBILITY INC
THIS LEASE AGREEMENT (the "Agreement "), made and entered into
this the day of , 1997 by and between:
CITY OF SOUTH MIAMI
a municipal corporation
6130 Sunset Drive
South Miami, Florida 33143
(Hereinafter referred to as "CITY ")
BELLSOUTH MOBILITY INC
5201 Congress Avenue
Boca Raton, Florida 33487
(Hereinafter referred to as "TENANT")
WHEREAS, CITY is the owner of a certain real property located
in the City of South Miami, Dade County, Florida, known as Dante
Fascell Park (the "Property "); and
WHEREAS, TENANT desires to lease a portion of the Property to
construct, maintain and operate a communications facility; and
WHEREAS, CITY staff recommends that TENANT lease a portion of
the Property; and
WHEREAS, the City Commission concurs with the recommendation
of staff and deems it in the best interest of the City of South
Miami to lease a portion of the Property to TENANT; and
WHEREAS, CITY and TENANT have negotiated an understanding for
the leasing of a portion of the Property; and
WHEREAS, CITY and TENANT desire to reduce their understanding
to writing; now, therefore,
IN CONSIDERATION of Ten ($10.00) Dollars, in hand paid by
TENANT to CITY, as well as the mutual covenants hereinafter
exchanged, the parties agrees as follows:
Section 1 REAL PROPERTY TO BE LEASED
1.01 CITY shall lease to TENANT that certain parcel of
real property more particularly described in
Exhibit "A" attached hereto, situated in South
Miami, Dade County, Florida, together with the
nonexclusive right for ingress and egress, seven
(7 ) days a week, twenty-four ( 24 ) hours a day, on
foot or motor vehicles, including trucks, and for
installation and maintenance of utility wires,
W,
cables, conduits and pipes.
Section 2 DUTIES AND RESPONSIBILITIES OF TENANT
2.01 TENANT shall use the Property for the purpose of
constructing, maintaining and operating a
communications facility and uses incidental
thereto, consisting of a monopole not to exceed 120
ft. (the "Pole "), antennas, a building or
buildings, as necessary now or in the future, to
shelter its telecommunications equipment, and to
meet TENANT's telecommunications needs as described
in the Site Plan attached to this Agreement as
Exhibit "B" (collectively the . "Facilities ") .
TENANT upon the approval of CITY may modify its
Facilities; said approval shall not be unreasonably
withheld by CITY.
2.02 TENANT shall be responsible for soil borings and
similar tests which may be required as a condition
of construction and for all expenses related to its
improvements which may thereafter be constructed
upon Property. CITY grants TENANT the right to use
adjoining and adjacent property owned by CITY as is
reasonably required during construction and
installation of TENANT's improvements.
2.03 TENANT shall maintain the Property in a reasonable
condition and meet all requirements imposed by
ordinances of the City of South Miami and Dade
County, Florida.
2.04 TENANT shall furnish, to its unmanned equipment
shelter, electric service for the operation of
TENANT's telecommunications equipment. TENANT
shall be solely liable for electricity expenses
relating to its installation and equipment.
TENANT's electrical service shall be separately
metered, and TENANT shall be responsible for all
costs associated with metering, including the cost
of installing any meter.
2.05 TENANT shall submit all required fees and
applications for permits to the applicable CITY
and /or County departments for review and approval.
2.06 TENANT will be responsible for making any necessary
returns for and paying any and all property taxes
separately levied or assessed against its
improvements on the Property. TENANT shall
reimburse CITY, as additional rent, it
proportionate share of any increase in real estate
2
D
taxes levied against the Property in excess of the
taxes due for the real estate taxes on the real
property in which the Property is a part and
against TENANT's improvements by the taxing
authorities.
2.07 TENANT, upon termination of this Agreement, shall,
within ninety (90) days, remove its personal
property and fixtures from the Property. At CITY's
option, when this Agreement is terminated and upon
CITY's advance written notice to TENANT, TENANT
will leave the foundation, security fence and Pole,
to become property of CITY. If such time for
removal causes TENANT to remain on the property
after termination of this Agreement., TENANT shall
pay rent at the then existing annual rate or on the
existing month's pro rated basis, until such time
as the removal of personal property and fixtures
are completed.
2.08 TENANT shall keep the Property from any liens
arising out of any work performed, materials
furnished, or obligations incurred by or for
TENANT. TENANT shall within twenty (20) days
following TENANT's knowledge of the imposition of
any such lien, cause the same to be released of
record by payment or posting of a proper bond. No
work which CITY permits TENANT to perform on the
Property shall be deemed to be for the use and
benefit of CITY so that no mechanics or other lien
shall be allowed against the estate of CITY by
reason of its consent to such work. CITY shall
have the right to post notices that it is not
responsible for payment for any such work.
2.09 CITY hereby grants TENANT as a primary inducement
to the TENANT's entering into this Agreement, the
first priority right to construct and operate its
Facilities on the Property. From time to time,
CITY may grant to itself and to other entities the
right to operate wireless communications facilities
on abutting properties in connection with the
operation of such facilities or other
communications facilities; provided, however, that
CITY shall not allow the operation of such
facilities and antennas by other tenants to
interfere with the operation of TENANT's antennas
and equipment as it exists at the time of such
other tenant's installation or as it may be
modified at any time during the term of this
Agreement, as the same may be extended. If any
such interference occurs, CITY agrees to eliminate
3
or cause the elimination of such interference with
TENANT's operations within a reasonable time after
receipt of TENANT's notice of such interference
and, if necessary, to cause the interfering party
to cease its operations. If such interference
continues for more than thirty (30) days after
TENANT's notice to CITY with respect to such
interference, then TENANT shall have the right, in
addition to its right to pursue any or all
remedies available to it at law or in equity, to
immediately terminate this Agreement by giving
written notice to CITY of such termination. In the
event of a termination under this section, CITY
shall reimburse TENANT all prepaid rent as of the
date of termination. The CITY hereby also agrees
that the TENANT has no obligation or requirements
to upgrade or modify the Pole to facilitate the use
of the Pole for other entities which the CITY may
authorize. Any or all costs associated therewith,
shall be borne by parties other than the TENANT.
2.10 CITY hereby agrees that, if because of TENANT's
operations on the Property any laws or regulations
of the Federal Aviation Administration, Federal
Communications Commission or any other relevant
governmental agency or body require or recommend
that TENANT's antennas and /or the Pole be lit
and /or marked, TENANT may install and maintain such
lighting and markings. In no event, however, shall
TENANT be responsible for the installation or
maintenance of any lighting or markings required by
the operations of CITY or any other tenant on the
Pole.
Section 3 DUTIES AND RESPONSIBILITIES OF CITY
3.01 CITY shall cooperate with TENANT in its effort to
obtain certificates, permits and other approvals
that may be required by any federal, state or
County authorities.
3.02 CITY shall grant TENANT the right to survey said
property in order to meet requirements to submit
the application for permits.
Section 4 ACKNOWLEDGMENT
4.01 CITY and TENANT acknowledge that TENANT's ability
to use the 'Property is contingent upon TENANT
obtaining, after the execution of this Agreement,
all the certificates, permits and other approvals
that are required by any federal, state and /or
H
71
local authorities. In the event that any
certificate, permit or approval issued to TENANT is
canceled, expires, lapses or is otherwise withdrawn
or terminated by a governmental authority, so that
TENANT is unable to use the Property for its
intended purpose, TENANT shall have the right to
terminate this Agreement pursuant to Section 7.01
and shall be entitled to a refund from the City of
any prepaid rent as of the date of termination.
4.02 TENANT shall, subsequent to the construction of its
Facilities, during the term of this Agreement, have
the right to terminate this Agreement without
cause, provided that TENANT provides CITY with one
(1) year's prior notice of the last day of
occupancy ( "Termination Date ") in writing in
accordance with Section 16 herein.
4.03 Prior to the submittal of the application for the
required building permit, TENANT shall have the
right to perform or caused to be performed and
shall have completed an assessment of the Property
and the adjacent areas in order to determine
whether such are contaminated by hazardous
substances or pollutants. If the assessment
reveals the presence of hazardous substances or
pollutants beyond levels acceptable to the TENANT
under applicable environmental laws, TENANT shall
have the right to terminate this Agreement pursuant
to Section 7.01.
4.04 CITY covenants that CITY has good and sufficient
title and interest to the Property and has full
authority to enter into and execute this Agreement.
CITY further covenants that there are no other
liens, judgments or impediments of title on the
Property.
Section 5 TERM OF AGREEMENT
5.01 This Agreement is effective upon execution hereof,
for a term of twenty (20) years (the "Initial
Term ") with two (2) five (5) year renewal terms
(the "Renewal Term "), which shall occur
automatically unless TENANT delivers written notice
to CITY of its intention not to renew at least six
(6) months prior to the expiration of the
applicable term.
Section 6 CONSIDERATION
6.01 Within thirty (30) days after the issuance of a
5
Certificate of Use and Occupancy for the
Facilities, CITY shall be paid the amount of Three
Hundred Thousand and No /100 (Dollars) ($300,000.00)
for the entire Initial Term.
6.02 Annual rent for the first year of the Renewal Term,
if applicable, shall be Ten Thousand and No /100
Dollars ($10, 000. 00) (the "Renewal Rental ") . The
Renewal Rental shall be increased five percent (5 °s)
over the prior year's rental. The Renewal Rental
shall be paid in monthly installments commencing on
the first day of the month and each month
thereafter.
6.03 This is a net - net -net lease and TENANT shall pay
taxes, including Florida state sales tax, real
estate taxes assessed against TENANT's property,
utility charges, cost of maintenance, and all other
charges and expenses associated with the TENANT's
use of the demised premises of this Lease. This
Agreement being a taxable event, shall have Florida
state sales tax, as may be adjusted from time to
time, added to payments outlined above.
Section 7 TERMINATION
7.01 Pursuant to Sections 4.01 and 4.03 of this
Agreement, the TENANT may terminate this Agreement
by providing a ten (10) calendar day written notice
after signing of this Agreement.
7.02 Should TENANT default under any of the terms of
this Agreement, CITY may terminate this Agreement
by providing a ninety (90) calendar day written
notice to TENANT; however TENANT shall be given the
opportunity to correct any default within forty -
five (45) calendar days of receipt of written
notice. This Agreement shall not be terminated if
such default is of a nature that it cannot be cured
in forty -five (45) calendar days and TENANT is
diligently proceeding to cure such defect.
Section 8 INDEMNIFICATION
8.01 General Indemnification: TENANT agrees to
indemnify, save and hold harmless and defend CITY,
its City Commission members, officers, agents and
employees, from any and all claims, damages,
liability, losses, causes of action of any nature
whatsoever, which may arise out of, in connection
with or because of the use and occupancy of the
9
Property by TENANT or its officers, agents,
employees or independent contractors under this
Agreement or the breach of this Agreement by
TENANT. Pursuant to its liability, TENANT shall
pay all claims, losses, liens, settlements or
judgments, of any nature whatsoever, in connection
therewith, including, but not limited to, paralegal
fees, attorney's fees and costs to defend all
claims or suits, including attorney's fees on
appeal in the name of CITY when applicable, and
shall pay all costs and judgments which may issue
thereon at both the trial and appellate levels.
Such indemnification shall not be limited to the
amount of comprehensive general liability insurance
which TENANT is required to obtain under this
Agreement. This indemnify shall not apply to any
claims arising from an act of gross negligence of
intentional misconduct of the indemnified party.
8.02 Nothing contained herein is intended nor shall be
construed to waive CITY's rights and immunities
under the common law of Florida Statutes 768.28, as
amended from time to time.
8.03 To the extent permitted by law, the CITY agrees to
indemnify and hold TENANT, its officers, agents and
employees harmless from any and all claims,
damages, liabilities, losses, causes of action of
any nature whatsoever, which may arise out of or in
connection with or because of the use or occupancy
of the Property by CITY, its agents and employees
pursuant to this Agreement or breach of this
Agreement by CITY. Pursuant to its liability, CITY
shall pay all claims, losses, liens, settlements
and judgments in connection therewith, including,
but not limited to, attorney's fees, paralegal fees
and costs to defend all suits. This indemnity
shall not apply to any claims arising from an act
of gross negligence or intentional misconduct of
the indemnified party.
Section 9 INSURANCE
9.01 The TENANT shall not commence work under this
Agreement until he has obtained all insurance
required under this section and such insurance has
been approved by the Risk Manager of the CITY nor
shall the TENANT allow any Contractor to commence
work under its contract with TENANT until all
similar such insurance required to of the
Contractor has been obtained and approved.
VA
�7
9.02 Certificates of insurance, reflecting evidence of
the required insurance, shall be filed with the
Risk Manager prior to the commencement of the work.
These Certificates shall contain a provision that
coverages afforded under these policies will not be
canceled until prior written notice has been given
to the CITY. Policies shall be issued by
companies authorized to do business under the laws
of the State of Florida.
9.03 Financial Ratings must be no less than "A" and
Class X respectively in the latest edition of
"Bests Key Rating Guide ", published by A.M. Best
Guide.
9.04 Insurance shall be in force until all work required
to be performed under the terms of the Contract is
satisfactorily completed as evidenced by the formal
acceptance by the CITY. In the event the insurance
certificate provided indicates that the insurance
shall terminate and lapse during the period of this
contract, then in that event, the TENANT shall
furnish, at least thirty (30) days prior to the
expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal and
like coverage for the balance of the period of the
contract and extension thereunder is in effect.
The TENANT shall not continue to work pursuant to
this contract, unless all required insurance
remains in full force and effect.
REQUIRED INSURANCE
9.05.1 Comprehensive General Liability insurance
to cover liability bodily injury and
property damage. Exposures to be covered
are: premises, operations,
products /completed operations, and
certain contracts. Coverage must be
written on an occurrence basis, with the
following limits of liability:
Bodily Injury
1. Each Occurrence $1,000,000
2. Annual Aggregate $1,000,000
Property Damage
1. Each Occurrence $1,000,000
2. Annual Aggregate $1,000,000
Personal Injury
Annual Aggregate $1,000,000
H
1 3
Property Damage Liability Insurance shall
include Coverage for the following
hazards: X - explosion, C- collapse, U -
underground.
9.05.2 Workers Compensation insurance shall be
maintained during the life of this
contract to comply with statutory limits
for all employees, and in the case any
work is sublet, the TENANT shall required
the Contractor and Subcontractors
similarly to provide Workers Compensation
Insurance for all the latter's. employees
unless such employees are covered by the
protection afforded by the TENANT. The
TENANT and his contractors and
subcontractors shall maintain during the
life of this policy Employers Liability
Insurance. The following limits must be
maintained:
Workers Compensation
Employer's Liability
9.05.3 Comprehensive Auto Li
Bodily Injury
1. Each Occurrence
2. Annual Aggregate
Statutory
$500,000 per
occurrence
ability
$1,000,000
$1,000,000
Property Damage
1. Each Occurrence $1,000,000
2. Annual Aggregate $1,000,000
Coverage shall include owned, hired and
non owned vehicles.
9.06 TENANT's contractor shall hold the CITY, its
agents, and employees, harmless on account of
claims for damages to persons, property or premises
arising out of the operations to complete this
Agreement and name the CITY as an additional
insured under their policy.
Section 10 ASSIGNMENT
10.01 This Agreement may not be sold, subleased,
assigned or transferred at any time except to
TENANT's principal affiliates or subsidiaries
0
91
of its principal, or to any company upon which
TENANT is merged or consolidated. As to other
parties, this Agreement may not be sold,
subleased, assigned or transferred without the
written consent of the CITY; such consent
shall not be unreasonably withheld or delayed.
This provision will not preclude TENANT from
allowing other parties to co- locate on the
Pole, so long as this Agreement is in effect.
Section 11 COMPLIANCE WITH LAWS
11.01 TENANT shall comply with all statutes,
laws,ordinances, rules, regulations and lawful
orders of the United States of America, State of
Florida, City of South Miami and of any other
public authority which may be applicable.
Section 12 GOVERNING LAW; VENUE
12.01 The validity, construction and effect of this
Agreement shall be governed by the laws of the
State of Florida.
12.02 Any claim, objection or dispute arising out of the
terms of this Agreement shall be litigated in Dade
County, Florida.
Section 13 INSOLVENCY
13.01 In the event that either party shall become
insolvent, make a general assignment for the
benefit of creditors, suffer or permit the
appointment of a receiver for its business or its
assets or shall avail itself of, or become subject
to, any proceeding under the Federal Bankruptcy Act
or any other statute of any state relating to
insolvency or the protection of rights of
creditors, or become subject to rehabilitation,
then, at the option of the other party and
immediately upon written notice, this Agreement
shall terminate and be of no further force and
effect.
Section 14 ENTIRE AGREEMENT
14.01 This Agreement contains the entire understanding of
the parties relating to the subject matter hereof,
superseding all prior communications between the
parties, whether oral or written. This Agreement
may not be altered, amended, modified or otherwise
changed nor may any of the terms hereof be waived,
10
zJ
except by a written instrument executed by both
parties. The failure of a party to seek redress
for violation of or to insist on strict performance
of any of the covenants of this Agreement shall not
be construed as a waiver or relinquishment for the
future of any covenant, term, condition or
election, but the same shall continue and remain in
full force and effect.
Section 15 SEVERABILITY
15.01 Should any part, term or provision of this
Agreement be by the courts decided to be invalid,
illegal or in conflict with any law of this State,
the validity of the remaining portions or
provisions shall not be affected thereby.
Section 16 NOTICES
16.01 All notices or other communications required by
this Agreement shall be in writing and deemed
delivered upon mailing by certified mail, return
receipt requested or by facsimile transmission with
certification of transmission to the receiving
party, to the following persons and addresses:
CITY: City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
l
COPY TO: Earl Gallop, Esq.
City Attorney
6130 Sunset Drive
South Miami, Florida 33143
TENANT: BELLSOUTH MOBILITY INC
5202 Congress Avenue
Boca Raton, Florida 33487
Attn: Real Estate and Construction
Manager
Section 17 OTHER PROVISIONS
17.01 Should the CITY, at any time during the term of
this Agreement, decide to sell all or party of the
Property to a purchaser other than TENANT, such
sale shall be under and subject to this Agreement
and TENANT's rights hereunder, and any sale by the
11
CITY of the portion of this Property underlying the
right -of -way herein granted shall be under and
subject to the right of the TENANT in and to such
right -of -way. CITY agrees not to sell, lease or
use any other areas of the entire parcel upon which
property is situated for placement of other
communications facilities if, in TENANT's sole
judgment (which shall not be arbitrary), such
installation would interfere with the facilities in
use by TENANT.
17.02 If the whole of the Property, or such portion
thereof as will make the Property unusable for the
purposes herein leased, are condemned by any
legally constituted authority for any public use or
purpose, then in either of said events the term
hereby granted shall cease form the time when
possession thereof is taken by public authorities,
and rental shall be accounted for as between CITY
and TENANT as of that date. Any lesser
condemnation shall in no way affect the respective
rights and obligations of CITY and TENANT
hereunder. Nothing in this provision shall be
construed to limit or affect TENANT's right to an
award of compensation of any eminent domain
proceeding for the taking of TENANT'S leasehold
interest hereunder. In the event of a termination
under this section, CITY shall reimburse TENANT all
prepaid rent as of the date of termination.
17.03 City covenants that TENANT, on paying the rent and
performing the covenants, shall peaceably and
quietly have, hold and enjoy the Property.
17.04 Attorneys' Fees. If any party obtains a judgment
against any other party by reason of breach of this
Agreement, the prevailing party shall be entitled
to reasonable attorneys' fees and costs, including
paralegal costs, at both the trial and appellate
levels.
Section 18 PUBLIC RECORDS
18.01 CITY and TENANT agree that a copy of this Agreement
shall be recorded in the Public Records of Dade
County, Florida, upon execution of this Agreement.
The cost for recordation shall be paid by the
TENANT.
12
�7
Section 19 CO- LOCATION
19.01 Tenant agrees that the proposed Pole will be
designed and constructed to accommodate an
additional Tenant (the "Co- Locator ") so long as the
Co- Locator's equipment to be mounted on the Pole
has the same or less wind loading effect than
Tenant. Co- Locator shall enter into a separate
Agreement with City for ground space. Tenant shall
enter into a Co- Location Agreement with Co- Locator
for leasing space on the Pole. Tenant shall charge
rent at prevailing market rates and shall re -coup a
pro -rata share of its capital costs of building the
Facility from the Co- Locator.
Notwithstanding the above, Tenant's obligation to
design and construct the Pole to accommodate a Co-
Locator shall not apply if the City requires the
Pole to be stealthed, for example, if the Pole
resembles a tree.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
ATTEST:
Ronetta Taylor, City Clerk
Approved as to Form:
Earl Gallop, City Attorney
Signed, sealed and delivered
in the presence of:
13
CITY OF SOUTH MIAMI
Anna Price, Mayor
TENANT
BELLSOUTH MOBILITY INC
By:
Title.
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this day of
1997, before me personally appeared to
me personally known to be the individual who executed the foregoing
instrument and acknowledged before me that he /she executed the same
for the purposes therein express on behalf of
He /she is personally known to me or produced
as identification.
Notary Public, State of Florida
Print Name:
Commission No.:
Commission Expires:
STATE OF GEORGIA )
)SS
COUNTY OF FULTON )
I HEREBY CERTIFY that on this day of ,
19 , before me personally appeared of
BellSouth Mobility Inc, a Georgia corporation, on behalf of the
corporation. He /She is personally known to me or, has produced
as identification.
016.191
14
NOTARY PUBLIC, State of Florida
Print Name:
Commission No.:
Commission Expires:
MATTHEW L. LEIOOWI -M
JOSEPH A. BELISLE
ILA L. FELD
EOWARO S. HAMMERMAN'
�✓•OMMMO TO OCNNSYLVANIA
BAR ONLY
Lninowr rz & AsSOCIbrEs, P.A.
SUITE 1450
SUNTRUST INTCRNATIONAI. CENTER
ONE SOUTHEAST TWAD AVENUE
MIAMI, FL.ORI13A33131,17M
TELEPHONE (305) 530 -13ZL
TELECOPMR (304) 4130.94(17
September 3, 1997
P a Facsimile (305) 858 -4777 do Regular Mail
Fail Cr. Gallop, Esq.
City Attorney
City of South Manzi
c/o Earl Gallop & Associates
P.O. Box 330090
Coconut Grovc, FL 33233 -0090
Kc: Request for proposal Regarding Representation
Dear Mr. Gallop:
SUITE ZOO
2000 L. STREET, N.W.
WASMINOTON. D.C. 20038
lbs letter is in respowse to your recent request for a proposal relating to legal services the Firm could
provide the City of South Mimm in iegaYds to (1) lcase regulation with BellSouth Mobility Marketing, Inc. and
(2) the preparation of a telec4fYHm mcations siting ordinance - The Firm appreciates the oppertumty to provide
services to the City on these important issues.
As you know frorn your prior ccperienco with us, dw Law Firm has an extensive background
in providing legal advice to local government entities with respect to telecommunications. Traditionally,
municipalities could generally manage telccomrnumeations facilities acrd services by negotiating franchise
agreements with one cable operator, the local telephone company, and in some cases one or two cellular
providers. 'Thus, historically our cable expertise was the area of most interest to municipalities. However, as
a result of advances in technology, including but not limited to the convergcvoe of audio, video and data
services, and substantial changes in frdcral and sate law that have removed most legal barriers to competition,
municipalities arc now faced with the challenge of regulating a much more complex industry comprised of a
greater number of service providers, all of whom are placing increasing dednands on the City's resources.
Moreover, both federal and state law governing telecommunications have undergone substantial
changes during the past vea; with the result that the authority of municipalities to regulate the
telecommunications industry and to collect revenue from The industry is in the process of being redefined to
comply with the revised statutes. The most significant recent development in this area was the adoption of the
Telecommmnications Act of 1996. The Act eliromted previous barriers to competition between 1=1 and long
distance telephone providers and cable operators, revised definitions of certain services, erected Open Video
Systems, and significantly changed the manner and extent to w icb local govern= nts can regulate
teleco= nunications providers.
As a telecommunications Law Firm, LeiboMtz & Associates has extensively studied the provisierns
of the Telecommunications Act of 1996. The Act was signed into law by the President on F, -bruay 8, 1996.
Earl Gallop
September 3, 1997
Page 2
The Finu iarx vdi;vely provided a summary of key provisions to its clients, and within six weeks of that date,
the Law Firm conducted a seminar in Orlando to review the Act. The seminar was attended by over 150
representatives from local jurisdictions. The focus of the program was to educate local governments on the
effect of the Act's provision on local government's management and regulation of telecommunications including
but not limited to cable. In addition, attorneys from the F,rn have Lectured on the Act at conferences sponsored
by the National Association of Telecommunications Officers and Advisors (NATOA), the National League
of Cities, the Florida League of Cities, the Louisiana Municipal Association, the International Muaicipal
Lawyers Associatou (NIA), as well as at FIU and a meeting of the Dade: County /City Manager's
Association.
In addition, the Firm has reomdy represented local jurisdictions before the Governor's Task Force on
State Telecommunications Tax issues and is currently tracking the Florida public Service Commission's
oversight activity relating to local telecommunications ordinances_
LEGAL SERVICES
On an on7going basis, the; Firni is available to provide the City with advice and counsel as to the Act's
effect on City regulation of telecoctazxtunications providers and services, including but not limited to updates
with respect to the FCC rulemaldngs. Many of these proceedings will effect the City including but not limited
to those with respect to cable home v -irwg, tower, satellite and antenna pIacement, microwave relocation and
the regulation of open vidoo systems. Ta addition, wwe will keep the City advise of relevant judicial proceedings
at both the federal and state level.
In addition to keeping dre City advised as to the latest FC C - rulemakings, the Firm is available to assist
the City %ith respect to telecommunications matters, including but not limited to thoso listed below.
BellSouth 3bility, 1'nc, Tower Lease
As a result of actions by the Federal Govemment, a new form of advanced wireless
conmiuWcations known as PCS (Personal Cornrnunications Services) are now available to the public. PCS
promises to offer more features at a lower cost tbaz existing cellular services. However, in order to offer these
services, PCS providers will, in general, require 1) the right to instal] facilities including but not limited to
towers, in virtually every community in this country, and 2) an agreement with many local government entities
to relocate microwave incumbents (oftentimes fire and police) residing in the 2GHz band.
With respect to tower siting, local governments have the right to collect fair and reasonable
compensation for use of the public rights of way by providers of telecommunications services. This source of
revenue to the City should not be overcooked, nor, in general, should it be granted to a d&d patty. PCS
providers need acmcss to the public`s right of way and the licensees are, in g(meral, willing to eompc:�nsate the
local government in an amount greater than what a local governmout entity would realize by delegating the
leasing of towrr sites to an independent third party entity.
In addition to site locations, PCS licensees cannot begin to provide service until they clear
cent= fi-�cqucnc- bands. In n=y thew frcquenoies = wmpicd by government users such as police and
fire. Thus, PCS providers are eager to negotiate relocations on an expedited basis. Moreover, ederal law
i3
a
Earl Gallop
September 3, 1997
Page 3
mandates that PCS services finalize relocation agreements within a specified amount of time or the federal
gover=wt may umdate the terms and conditions. In addition, federal law requires PCS lieeasees to
reimburse local governments for certain costs associated with the relocation including, but not limited to, legal
fees. Issues such as term of any resulting lease agreement foes for the use of the property involved,
indernnificarioa for the City and the allocation of costs, etc. relating to removal of tower and equipment are all
factors that should be considered when reviewing and negotiating a proposed lease. It is also important to note
that if BellSouth Mobilkt s agreen et is the first out: adopted by the City, it will create the "level playing fidd"
required under the Teleco=runieatioas Act for all subsequent providers.
In all !r%cUmd, the City has been or soon R3'1 be approached by other PCS licensees who,
like BellSouth Mobility, nee interested in relocating facilities, moving freq=cies and/or tower siting within
the City. Thee Law Firm is mailable to assist the City in evaluating, negotiating and drafting these agreements
as well as applicable ordinaaces.
2. Telecommimimijaps Siting Ordjancefs)
Tbc Cit) is both the larAord and the trusts; responsible for the nawagement and preservation
of the City's rights of way. below the surfacc, a variety of users want to install facilities that cannot easily
be removed, repaired or relocated Gas, water and power facilities, for example, must co -e-ast with
telecommunications facilities. Above the surface, a variety of users desire to install and maintain in the public
rights of way facilities such as wwers, anonnas, t•aults, poles and aerial wires and cables. As more users seek
to enter the rights of way, public safety concerns intensify, enviromnenial impact issues increase, aesthetic
issues arise, and management costa and the need to generate revenues escalate.
Local governments have chosen to address these issues either through a comprehensive
telecommunications ordinance that addresses the different types of services involved including, but not limited
to, cable television, local telephone, long distance anti bypass telephone and wireless providers or through
individual ordinances dealing with each ofthe specific topics. It is our understanding, based on your letter, that
the Ciiv of South Miami is interested at this point in dcc: loping an ordinance dealing specifically with
tolecomnunication tower siting.
Based on its representation of other counties and municipalities on such issues, the Law Firm has
firsthand experience with the business practices and negotiating positions of all the major wireless providers
currently operating within the State of Florida which could be utilized to the City's benefit.
The Firm is available to work with City planners and attorneys to develop the qpe of ordinance
required. The work involved would include,, for example, the review and analysis of existing City Ordinances
and/or Code Sections relating to zoning and/or tower sitwg; the drafting of a proposed ordinance reflecting the
City's interests; conducting a workshop with City staff and providers to solicit additional input; and attendance
at the public hearing(s) where the adoption ofthe final ordinanze would be considered.
LEGAL FEE
As you may /mow, the Firm, as a general pracacc., does nut provide legal services on a fixed fee basis
dire to a number of floors beyc and our control, including., but not limited to, the level of cooperation Lom the.:
Earl Gallop
September 3, 1997
Page 4
providers.
Where the project is Of limited scope, however, ttte Firm is Willing to provide a cost estimate for the
services invohed - Accordmgiy, with respect to the negotiation of a lease agreement with &USouth Mobility,
Inc., the Firm is available to to provide the fallowing smices:
• Review proposed draft lease agreement and provide analysis to
the City.
• Provide comments to the providers on their proposed lease
and/or draft a model lease agreement that the CitZ, could utilize
for all such future requests.
• Coordinatr. with City staff aad negotiate with provider
(assumES BellSouth Niebiiity only)_
$4,000
For all other services described abase in the Legal Services section, the Finn shall, in geuer4 provide
legal assistance to the City of South Miami in. cotrttection with the area of telecMmu cations at the blended
hourly rate of Two Hundred Dollars ($200.00) for all attotnev time (Options A). In the alternative, at the City's
option which shall be designated below, the Finn will proV1de such services at the Firm's current hourly rates
for individual attorneys listed below (Option B):
Matthew L_ Leibowitz, Esq.
$300
Joseph A Bcbsle, Esq.
$250
Eugene M. Kennedy, Esq.
$225
Of Counsel
Jane Fagan, Esq.
$200
Ila L. Feld, Esq.
$175
Edward S. Hammerman, Esq.
$160
Allison Hift
$*
Daniel Tuchman, Esq.
$150
Telecommunications Specialist
Paralegal, Senior
S 85
Paralegal Junior
$ 0
Ms- Ed's senioes vnH be charged at the Telecommuni dons Specialist rate
($95 per hour) until admitted to the Florida Bar when ber hourly rate will
increase to $125.
We review and adjust our fee structure anmially.
In addition to fees, Leibowitz & Associates shall be entitled to payment of all out of pocket expenses
and refflbumancnts incluft without limit on, travel outside of Dade and Broward Counties, long distance
telephone calls, air express charges, printing and hand. - delivery. Photocopies are billed at the rate of tw.mty
Earl Gallop
September 3, 1997
Page 5
five cent: (50.25) per copy and facsimile transmissions are billed at two dollars ($2.00) per page. Retaining
of outside professionals, including but not l mAW to accountants and engineers incurred as a result of the above
refd service;, shall be approved by the City prior to being incurred and shall be billed to floc City at cost
We bill on a monthly basis for woik performed and costs iticurred_ Each statememt will reflect service
readered tiunugh the 25th day of the month All sums due for casts incurred are due and payable upon receipt
of our invoice and shall accrue interest if outstanding. All sutras due for services performed will be billed
monthly. A late charge of 1 -' /s /o per month will be charged on amounts due and payable for more than 30
days.
If any statement is not paid within 60 days, we reserve the right to discontinue legal services.
However, art -.x ill not discontinue services without giving you prior notice, suggesting employment of other
eounvl, allowing reasonabletme to employ other c r sel, delivering all papers and property to which you are
eadded and which we are obligated to deliver, and cooperating with counsel subsequently employed to ensure
that your mterests will not be prejudiced by the discontinuance. If necessary, we *A ill employ collection services
to ensure payment of overdue accounts, which shall be litigated exclusively in the appropriate; state court
having subject matter jurisdiction, and venue small be m Miami, Dade County, Florida.
Either party may terminate this Agrocmeut without cause with three (3) days prior written notice,
provided that the Firm shall be paid for services rendered through the date of termination.
We look forward to cuing our long and satisfactory relationship. please feel free to communicate
with me if you bave any questions in Ibis regard.
Please adaKm4edge your understanding of and willingness to abide by this Agree tent by signing the
attached copy in the space provided and returning it to our office.
Sincerely yours,
--s
Matthew L. Leibowitz
The Or%,, of South Miami, Florida hereby agrees to retain the Law Firm of Loibovvitz fit. Associates,
P.A., pursuant to Option described above.
$y:
Title:
Date:
C:.' DSSwd,: uiami�ar�eR411oaAeacu ,ao947.wpd
CITY OF SOUTH MIAMI
v INTER - OFFICE MEMORANDUM
To: Mayor and Commission Date: September 12, 1997
X:. Agenda Item # Fr s ditt Subject: Comm. Mtg. 9/16/97
City Manager Parking Garage/Mixed -use Project
The attached resolution will award the proposed project for design, construction, leasing and
management of a mixed -use development and parkin garage to provide additional parking on
the existing municipal parking lot located at SW 73rd Street, SW 58t` Avenue, and SW 58th
Court.
Two proposals were received in response to the City's Request for Proposal:
Tropicaire Development, Inc.
Phase 1, Inc.
The proposals have been reviewed, and minutes of the Hometown District Parking Committee,
and the analysis prepared by the city's consulting engineering firm, OTS, are attached for your
review.
Due to delays in convening a quorum of the Hometown District Parking Committee, the City
Manager's review and recommendation has not been prepared for distribution at time of
issuance of this agenda package. This recommendation will be made available on September
16, prior to the Commission meeting.
kC
SUMMARYMINUTES
HOMETOWN DISTRICT PARKING COMMITTEE
REGULAR MEETING
WEDNESDAY, SEPTEMBER 11, 1997
Conference Room
5:30 P.M.
I. CALL TO ORDER
A. Dr. Anna Price, Mayor, called the meeting to order at 5:47 p.m.
H. ROLL CALL
A. Mayor Anna Price; Ms. Lidia White; Mr. George Wilson; Ms. Cathy McCann; Mr. Michael
Comras
B. Ms. Diana Morris, Assistant to the City Manager; Mr. Ron Stroyne, Parking Director; Brian
Soltz, Planner
III. REQUESTS FOR REVIEW
A. Submittals received in response to the Request for Proposal (RFP)
1. The Committee reviewed the two proposals received in response to the City's RFP for a
mixed -use development project in the Hometown District.
a. Mr. Javier Salmon, of OTS, the City's consultant on the matter, began by referencing their
letter to Ms. Diana Morris, dated August 21, 1997, which transmits the firm's findings to the
City.
b. Mr. Salmon continued by elaborating on the specifics of the letter, including the evaluation
criteria used to assess the two proposals submitted to the City.
c. During review, particularly in consideration that both proposals were rated closely in total
number of points, Mayor Price inquired as to whether both teams had the ability to successfully
complete the project, and Mr. Salmon responded affirmatively.
d. As review continued, the Committee considered a range of issues, including financial matters,
parking issues, project design questions, and Hometown Plan concerns.
HDPC Min 09/11/97 1 4
e. Motion: Mayor Price moved approval to recommend Team Number 1, or Phase I, Inc., for the
project based on the following reasons (1) income to the City; (2) number of parking spaces; and
(3) number of lease years after 50 years.
f. Motion died for lack of second.
g. Consideration of the matter continued, particularly in regard to financial concerns, including
financial return, for the City as they involve the two projects.
h. Second motion: Ms. Lidia White moved approval to recommend Team Number 2, or
Tropicaire Development, Inc., for the project. Ms. McCann seconded the motion.
i. Vote: Approved: 3 Opposed: 2
(Mayor Price)
(Mr. Comras)
IV. NVIINUTES
A. Minutes from the August 8, 1997 meeting.
1. Motion: Ms. McCann moved approval of the Minutes for August 8, 1997, as submitted. Ms.
White seconded the motion.
2. Vote: Approved: 5 Opposed: 0
V. REMARKS
A. There were none.
VII. ADJOURNMENT
A. There being no further business before the Committee, the meeting was adjourned at
approximately 6:15 p.m.
B. Respectfully,
1.
Mayor
2.
Staff Liaison
"City of Pleasant Living"
HDPC Min 09/11/97
2 14
August 21, 1997
E g City of South Miami
nneers
Architects 6130 Sunset Drive
P l a n n e r s South Miami, Florida 33143
ATTENTION: Ms. Diana Morris
Assistant to the City Manager
REFERENCE: RFP for Mixed Use Development
C3TS Project No.: 1929 -03.01
Dear Ms. Morris:
EB0005022 We are in receipt of the additional information requested by your office from the two
AAC002142 submitting developers. As stated in our meeting on the evening of August 8th, this
information was requested in order for us to complete our review and make our
recommendations to the Parking Committee. We have reviewed the information and
revised our evaluation form and are enclosing the same for your review.
Based on the proposals submitted together with the additional information requested, we
feel that both Phase I and Tropicaire have done exceptional work in preparing very
competitively proposals. Both proposals exhibited creativity, well thought out financial
planning and unique approaches to this development. However, when both proposals are
weighed in accordance with the R.F.P., evaluation criteria as set forth in Section 3
paragraph 4, sub section D, the results are as follows:
Criteria Panel
Evaluation /Qualifications
Financial Ability
Financial Return (year 2)
Overall Design
Phase I
N/A
10*
25 pts.
25 pts. ($77,938.00) **
20 * **
80
Tropicaire
N/A
19*
25 pts.
13.5 pts. ($42,009.00)
24 * **
81.5
Therefore, it is our recommendation to the Hometown District Parking Committee that they
recommend to the City Manager and Council to enter into negotiations with the number
one rank team ( Tropicaire Development, Inc.) and in the event negotiations be
unsuccessful, that negotiations be commenced with the second rank team (Phase I
Development).
901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366
Equal Opportunity Employer
Ms. Diana Morris
August 21, 1997
Page 2
Should you have any questions or comments, please do not hesitate to call us.
Sincerely,
.r.
J FS /er
la Carballo Thompson Salman, P.A.
,,iIman, R.A.
ident
Relates to the review of development proposal, team and feasibility - total quality
points.
** Parking income adjusted due to special exception requirement (194 spaces).
* ** Adherance to home town plan.
cc: L. Dennis Whitt, City Manager
William Mackey, City Planner
Earl Gallup, Esq., City Attorney
CM 929 -03 \1 L082197. DM
14
z
C3TS .
71 7711
3 Page 2 of 3
#1929 0 01 MIXED USE DEVELOPMENT SUBMITTAL SUMMARY 8121/97
TEAM NO. 1
Project Physical
2.01
Project Size Total:
100,100 S.F.
2.02
Retail:
15,000 S.F.
2.03
Office:
N/A
2.04
Parking:
77,100 S.F. Est.
2.05
Other:
8.000 S.F.
2.06
Parking Spaces:
257
2.07
Basement:
N/A
2.08
1 st Floor:
Retail
2.09
2nd Floor:
Parking /Office - Retail
2.10
3rd Floor:
Parking
2.11
4th Floor:
Parking
2.12
5th Floor:
Parking (Roof Level)
2.13
Conforms to "Home Town Overlay District ": No*
1
-
(See Below)
TEAM NO. 2
Q.P. Project Physical Q.P.
1
2.01
Project Size Total: 78,600 S.F.
0
-
2.02
Retail:
14,991 S.F.
-
-
2.03
Office:
18,650 S.F. (Flex)
1
-
2.04
Parking:
37,500 S.F.
-
-
2.05
Other:
7,459 S.F. (circulation /common)
-
1
2.06
Parking Spaces:
125
0
-
2.07
Basement:
N/A
-
1
2.08
1 st Floor:
Retail
1
-
2.09
2nd Floor:
Parking
-
-
2.10
3rd Floor:
Parking
-
-
2.11
4th Floor:
Office /Residential
1
-
2.12
Conforms to "Home Town Overlay District": No*
1
0
2.13
(See Below)
TOTAL Q.P. 3
TOTAL Q.P. 4
Comments:
Comments:
*1. Alleyway at rear (north) access removed due to
1. Travel distance and organization of uses will
ramp.
probably require sprinklers - cost will increase.
*2. No arcade or canopy shown.
*2. 67' width of ramp does not allow for retaining
3. Internal radii for turns in parking will reduce total
alleyway as shown on home town plan.
count by approximately 16.
3. Area under ramp will need to be blocked in.
4. Mechanical equipment well will require forced
.M
4. FPL vault and area too big.
ventilation.
*5. Trash area too small - will need more dumpsters.
5. Large vehicle delivery will conflict with ground
No access to trucks.
floor parking.
6. Turning radii for parking after Ramp 2 is non -
6. Special exception required for use of roof as
conforming without losing 4 spaces. Could be
parking. Section 20 -7.22 will reduce parking to
solved by extending parking plate over arcade
194.
as per 20 -7.9, 20 -7.8. of HTPOD
*7. Arcade /Colonade depth less than 8' -0" clear
along 58th Avenue and 73rd Street.
:'.
8. No elevation along S.W. -- Will not preserve
street facade.
9. Project is overall feasible with minor
modifications.
sE� Page 3 of 3
#1929 03 01 MIXED USE DEVELOPMENT SUBMITTAL SUMMARY A
wW/ 1/97
TEAM NO. 1 TEAM NO. 2
Development Team
3.01 Developer: Phase I, Inc./Walbridge Aldinger /Garrit
Construction
3.02 Ownership: Albert S. Elias, Gwynn M. Elias, and L
Jeffrey Lane, G.P.
3.03 Experience: 1980 Development/1972 Construction
3.04 Est.: 1997
3.05 Max. Dev.: $37,500,000.00
3.06 Min. Dev.: N/A ($300,000.00)
3.07 Architect: Ferguson Glasgow Schuster Solo, Inc.
3.08 Contractor: Walbridge Aldinger /Garrit Construction
3.09 Urban Planner: N/A
3.10 Bank: N/A
3.11 Management Company: Phase I, Inc.
3.12 Bond /Surety: AON Risk - Contractor Only
3.13 References: 2 Total:
1) Don d'Adesley, First V.P., Paine Webber;
2) Christopher Mattews, Assistant. V.P., Bank
United
E.
Q.P. Development Team
3.01 Developer: Tropicaire Development, Inc.
1
3.02 Ownership: Richard W. Ogden - 100%
0 1 3.03 I Experience: 1984 Development
Q.P.
1
0
3.04
Est.: 1997
0
3.05
Max. Dev.: $28,000,000.00
-
3.06
Min. Dev.: $1,600,000.00
-
3.07
Architect: R.J. Hiesenbottle Architects, P.A.
1
3.08
Contractor: N/A
-
3.09
Urban Planner: Wallace Roberts Todd
-
3.10
Bank: Dadeland Bank
1
3.11
Management Company: Tropicaire Development
1
3.12
Bond /Surety: Clarion Insurance Agency, Inc.
0
3.13
References: 4 Total:
1) Ronald Shuffield, President, Esslinger
Wooten Maxwell;
2) Bruce Anglin, Senior V.P., Loan Officer,
Dadeland Bank.
TOTAL Q.P. 4
Comments: ,
1. Limited similar experience.
2. Development references adequate.
3. Established contractor lends credibility.
11
1
0
1
0
1
1
1
1
1
TOTAL Q.P. 9
Comments:
1. Good references and experience - - Good Team
2. Lack of contractor needs to be addressed.
3. Similar Land Lease /Development experience
i.e. Tropicaire Theater Land.
CAPROJECTS11929-03\MLXEDUSE.1 RV 14
'HE HERALD. FRIDAY, JUNE 20, 1997 F
ion.- -- - - - -- - - --
lawyer, Jesse McCrary,
not say why Neal opted for
a bargain.
d all the talking I'm going
n court," McCrary said.
prosecutors began inves-
,= Neal last December after
Opa -locka City Manager
Whitt complained that
>ad ignored 35 public -re-
-equests — mailed, faxed
livered by certified mail to
manager's office.
's initial defense: The
is were frivolous and
was harassing him. So he
J them.
,ng the requests: copies of
cs complaints against Neal
)reakdown of his city cellu-
one bills showing which
ere not for city business.
ecutors could have
d Neal with 35 separate
al counts. But Whitt's
-it aosomieiy-wtu nave a cniit=
ing effect," Zukoff said. "We live
in a free society, with govern-
ment in the sunshine. With this
case, the state attorney's office
has shown it will not tolerate
people, whoever they are, dis-
obeying the state's public - records
laws."
Whitt, now city manager of
South Miami, said he wasn't ask-
ing for privileged records that
would have been exempt under
state law. All public officials
must comply with the law, he
said.
"I take no pleasure in filing a
complaint against a public offi-
cial," Whitt said. "I just need my
public records."
Centorino and McCrary agreed
that those records now must be
provided. But Opa- locka.officials
say they have no copies of the
requests.
"The public records requests
a charged with raping teen couple
'.- year -old man has been
them off as his children so he
I with raping two home-
could seek state or county assis-
enagers he met on the
tance for his "family of five,"
of Homestead, Wilton
police said.
s Police said Thursday.
A Baptist minister from Holly -
o Hernandez of Wilton
wood helped the five move into a
's is charged with three
Wilton Manors apartment.
of sexual battery for the
Last Friday and Saturday, Her-
on a 15- year -old girl and
nandez sexually assaulted the girl
- year -old boyfriend, said
in the apartment at knifepoint,
ete Bigelsen.
police said. On Monday, he alleg-
iandez, who has a long-
edly raped her boyfriend.
irlfriend and a 4-year -old
Both teens left the apartmelitz
befriended the teenage
Monday — separately, neither
who were out of work.
knowing the other had been
idez intended to pass
assaulted, police said.
ijor Electronics Wholesaler Lost Lease, We Therefore Sell By
RY LARGE ABSOLUTE
AUCTION
'BRAND NEW TV's - STEREOS - ELECTRONICS
- VCR9S
story Fresh Boxes - All Warranted Items - Current Goodslll $575,000 Valuation1111f
DATE: Saturday, June 21 St. 10:30 A.M.
SITE• Assets Moved For Comrenience Of Sale To
18500 N.E. 5th Ave.. No. Miami
, QNS 1 -95 to Miami Gardens Dr., West 1st
2 Immediate Right -hand Turns
>L LIST OF NEW 60ODS:
MANUFACTURER'S
c sari Tvs up m 52 - Sub- Satetite Systems
• say Carver
a System Sipsaw so
Flamm
Erdertainia, Centers • Casset
- •Tex
Systems •Woofers- Sub�woolers
•Ater -JILL •Zw*l,
• 100.000 Blister Packed Childproof Lighters
• AR - S&W . Hatt
ers -Tabrs •Portabre stow Sys
•Tom •vamor
- Pra.emps • BOOM Boxes
• RCA -Edaae . MOM
•More - Mom -More
.Ess -Sharp more
®' REQUEST FOR PROPOSALS
_nwiA Countv is soliciting Dr000sal Dackaqes for FY 1997 -98
City Of South Miami
Request for Proposal/Public Notice
for design, construction, leasing and
management of mixed -use
development project
The City of South Miami is inviting interested
parties to submit sealed proposals for planning,
design, construction, leasing and management of
an iril mixed -use development project which
includes a parking garage on approximately .70
acre City -owned property located within the
Hometown District and bounded by S.W. 73rd St.
on the South, S.W. 58th Avenue on the East, and
S.W. 58 CL, on the West. The property is currently
being used as a municipal parking lot.
Request for Proposal packets must be picked up at:
City Managers Office
6130 Sunset Drive
South Miami, FL 33143
(305) 663 -6338
All proposals must be submitted in accordance
with Request for Proposal document.
All proposals must be delivered to the office of the
City Clerk, 6130 Sunset Dr., South Miami, Florida
on or before July 10, 1997 at 3:00 p.m. Immediately
after, all sealed proposals received will be ppublicly
opened and acknowledged. All proposals shall
accompany a non - refundable cashier's check for
$2,500 to cover cost incurred or to be incurred by
the City in preparing, issuing and evaluating these
proposals.
The City of South Miami reserves the right to
accept any proposal deemed to be in the best
interest of the City, to waive any irregularities in
any proposals, or to reject any and /or all proposals
and. to re- advertise for new proposals.
PUBLIC HEARING
A public hearing will be held on Tuesday, July 8, 1997 at 9:00 a.m. by
the Dade County Board of County Commissioners in the Commission
Chambers located on the second floor of the Metro -Dade Center, 111
N.W. First Street, Miami, Florida, at which time the Board will
consider the adoption of an ordinance entitled:
ORDINANCE APPROVING AMENDMENT TO FLORIDA CITY
COMMUNITY REDEVELOPMENT PLAN RELATING TO
REDEVELOPMENT OF FLORIDA CITY COMMUNITY
REDEVELOPMENT AREA LYING IN TOWNSHIP 57 SOUTH,
RANGE 39 EAST, SECTIONS 19 AND 30 AND TOWNSHIP 57
SOUTH, RANGE 38 EAST, SECTIONS 24 AND 25, DADE COUNTY,
FLORIDA, DESCRIBED GENERALLY AS BOUNDED BY REDLAND
ROAD ON THE WEST. N.W. 2ND STREET AND LUCY STREET ON
THE NORTH, STATE ROAD 821 AND CITY OF FLORIDA CITY
MUNICIPAL LIMITS ON THE -EAST AND S.W. 1 ST STREET AN
c1 nolnn rrITV tat IAnP•IDA? t 1A41TQ r1A1 Tut Cr11 rrW- 111=1 Fr:ATINr:
City of South Miami
INVITATION TO BID/PUBLIC NOTICE
The City of South Miami is inviting interested parties to submit sealed proposals for planning,
design, construction, leasing and management of an infill, mixed -use development project on
approximately .70 acres of City -owned property located within the Hometown District and
bounded by S. W. 73rd St. on the South, S. W. 5e Avenue on the East, and S. W. 58 Ct., on the
West. The property is currently being used as a municipal parking lot.
All proposals must be submitted in accordance with the Request for Proposal document. This
document contains detailed and specific information regarding the property being offered for
infill development and the type of redevelopment that would meet the City's goals with respect
to the development objectives and downtown and more specifically of the Hometown District.
All proposals must be delivered to the office of the City Clerk, 6130 Sunset Dr., South Miami,
Florida on or before July 10, 1997 at 3:00 p.m. Immediately after, all sealed proposals received
will be publicly opened and acknowledged. All proposals shall accompany a non - refundable
cashier's check for $2,500 to cover cost incurred or to be incurred by the City in preparing,
issuing and evaluating these proposals.
The City of South Miami reserves the right to accept any proposal deemed to be in the best
interest of the City, to waive any irregularities in any proposals, or to reject any and/or all
proposals and to re- advertise for new proposals. Any proposals deemed by the City to be non-
responsive or to not meet the goals of the Request for Proposal shall be rejected prior to the
project evaluation process. In making such determination, the considerations to be used by the
City shall be, but not limited to, developer's experience and qualifications, capability of the
development team, developer's financial qualifications and strength, financial return for the City
and the overall design concept.
For further information, please call or write:
City Manager's Office
6130 Sunset Drive
South Miami, FL 33143
(305)663 -6338
/Y
2. INTRODUCTION AND PROJECT OVERVIEW:
A. Site Location: The proposed infill development project is located in the City's Hometown
District, and is generally bounded by S.W. 73' St. on the South, S.W. 5e Avenue on the
East, and S.W. 58th Ct. on the West. Please see attached location plan aerial, etc. (Exhibit 1).
B. Physical Description: The project area consists of approximately .75 acres of land and
includes 142.5 feet of frontage on S.W. 73rd St. and 150 feet of frontage along S.W. 58`h
Avenue. The subject property is currently paved and is used as a municipal metered parking
lot.
C. Project Overview: In November of 1992, members of the community gathered for a public
"Charrette" or a design workshop on the future of the downtown area. The design workshop
included several days of around- the -clock design sessions and discussions. This public
process brought together people from all segments of the community, professionals from all
levels of governments and a diverse group of consultants to develop a common vision for the
downtown. This common vision is called the Hometown Plan which later was codified in
the Hometown District. The plan is based on the concept that like a traditional, small -town
downtown, South Miami downtown ought to be a neighborhood where a full range of uses
exist and are juxtaposed to create a synergy that brings life and vitality to downtown. The
plan is based on the concept that the streets belong to people and the awareness of how
individual buildings relate to each other and how users collectively interact with the sidewalk
and the street will determine the success of creating people friendly streets and public
squares. The plan identified a series of "Initial Projects" to act as catalyst for re-
development.
3. REQUEST FOR PROPOSAL REQUIREMENTS AND GENERAL INFORMATION
A- Development: The City is soliciting proposals from private developers or
individuals who can provide the City with an integrated improvement package including but
not limited to planning, design, construction, leasing and management for the City -owned
property currently occupied by the municipal metered parking lot.
B Commitment of Funds: The City shall provide no direct or indirect financing to the
development. The City will enter into a long -term property lease agreement with the
successful developer for an annual rent payment which may be comprised of a minimum
guaranteed rent and a percentage rent based on gross revenues. The terms and conditions of
the property lease agreement shall be negotiated to complement the financing strategy and/or
the depreciation schedule.
The successful developer is required to provide all the necessary financing for all aspects of the
proposed development.
C. Proposal Development Considerations: All proposals must consider and adhere to the
following factors in developing the project proposal.
14
1. Development Objectives: The primary objective is to design a people- oriented mixed -use
development to provide active building edges along S.W. 73rd Street and S.W. 58d' Avenue,
and an adequate supply of off - street parking. The amount of parking provided shall not only
replace the existing parking and meet the requirements of the project, but also provide
additional short-term parking for the area merchants. The project is envisioned to be three -
story to four - stories in height and to act as a demonstration project for infill development.
The retail components are expected to cater to the smaller tenants to create pedestrian
friendly and diverse strorefronts. The project design shall be supportive of and in keeping
with the proposed Comprehensive Master Plan for the City and comply with all the related
Hometown overlay ordinances.
2. Lease Terms and Annual Lease Payment: The terms and conditions of the Lease Agreement
between the City and the successful developers, including length of agreement and annual
payment shall be negotiated to complement the financing strategy and/or depreciation
schedule; however, all proposals submitted should define these terms as part of the lease
agreement terms.
3. Site Improvements: The existing improvement shall be cleared by the developer and all site
improvements must comply with all applicable code requirements, and the successful
developer shall be responsible for acquiring all required permits and do the necessary impact
studies.
4. Proposal Format: Proposals submitted in response to this invitation must include the
following information:
A. Credentials:
Development Team
Qualification/Experience
Financial capacity to undertake project
References
B. Project Proposals:
Development Plan
Illustrative Plans
Proposed Lease Term and Rent Schedule
Operating pro - formas of anticipated lease term
Implementation schedule
Operational Management Plan
C. Additional Requirements:
Financial Statement
Letters from Financial Institutions
Letter indicating Developer's ability to obtain necessary bonds and insurance
D. Evaluation Criteria:
Citizen Panel
Evaluation/Qualification 25%
Financial Ability 25%
Financial Return 25%
Overall Design 25%
E. Performance and Payment Bond:
F. Compliance with Federal, State and Local Laws:
G. Proposal Submission: Sealed proposals must be marked "Infill Development Project," and
submitted to:
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
H. Tentative Schedule:
Issuance of Request for Proposal -------- June 20,1997
Proposal Submission Deadline - - - - - - - - - - June 11, 1997
For additional information, contact or write:
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
(305) 663 -6338
I. Enclosures:
a. Existing Aerials
b. Maps of the proposed re- development site and surrounding areas.
c. Hometown Plan documents (includes zoning map)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE MULTI-USE
DEVELOPMENT/PARKING GARAGE, AWARDING A PROJECT FOR
DESIGN, CONSTRUCTION, LEASING AND MANAGEMENT OF A MIXED
USE DEVELOPMENT AND PARKING GARAGE TO PROVIDE
ADDITIONAL PARKING ON THE EXISTING MUNICIPAL PARKING
LOT LOCATED AT S.W. 73RD STREET, S.W. 58" AVENUE, AND
S.W. 58TH COURT TO
WHEREAS, the City of South Miami issued a request for
proposals for design, construction, leasing and management of a
mixed-use development and parking garage with a primary objective
to replace the existing parking, meet parking requirements of the
mixed -use element of the project, and to provide additional
short-term parking for the area merchants, to be located on city-
owned property at S.W. 73-rd Street, S.W. 58th Avenue, and S.W. 58th
Court; and
WHEREAS, two proposals were received by the city in response
to the Request for Proposal from: 1) Tropicaire Development,
Inc., and 2)Phase 1, Inc. and,
WHEREAS, both proposals have been reviewed by the city's
consulting engineering firm, C3TS for technical compliance, with
one proposal receiving 81.5 points and the other proposal
receiving 80 points under their scoring system (see attached
correspondence from C3TS); and
WHEREAS, both proposals have been reviewed by the Hometown
District Parking Committee, a committee charged with oversight of
the supply, convenience, safety and management of parking in the
Hometown District. The Hometown District Parking Committee
determined that both proposals submitted represent viable
projects, with a 3-2 vote supporting their recommendation (see
attached minutes); and
WHEREAS, the below named project most closely meets the
objective of the city to respond to an existing and growing
parking shortage in the city's downtown retail district and
provides strongest financial return to the city.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission award the
project to for design, construction, leasing
and management of a multi - use /parking garage development to be
/V
I located on city-owned property at S.W. 73rd Street, S.W. 58t'
2 Avenue, and S.W. 58th Court.
3
4 Section 4. This resolution shall take effect immediately
5 upon approval.
6
7
8 PASSED AND ADOPTED this day of 1997.
9
10 ATTEST: APPROVED:
11
12
13 CITY CLERK MAYOR
14
15
16 READ AND APPROVED AS TO FORM:
17
18
19
20 CITY ATTORNEY
21
22
23
1i
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: and City Commission Date: September 12, 1997
From: L. Dennis Whitt Re: Agenda Item #
City Manager Comm. Meeting 9 -16 -97
Independent Audit Services
Sharpton, Brunson & Co.
The attached Resolution authorizes the City Manager to sign and agreement letter with Sharpton,
Brunson & Company, CPA, to provide independent audit services for the purpose of auditing the
financial statements of the City for the fiscal year October 1, 1996 through September 30, 1997.
I recommend approval.
MyDocuments /Memo -Mayor & Comm /Resolution- Audit -97
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
MANAGER TO SIGN THE ENGAGEMENT LETTER RECEIVED FROM
SHARPTON, BRUNSON & COMPANY, P.A. CERTIFIED PUBLIC
ACCOUNTANTS, TO PROVIDE INDEPENDENT AUDIT SERVICES FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1997.
WHEREAS, Article IV, Section 3E of the City Charter of south Miami requires
the City Commission to designate a qualified independent Certified Public Accountant
to review, examine and report on all fiscal matters; and
WHEREAS, pursuant to Resolution # 132 -95 -9681 authorization was given to
the City Manager to enter into an agreement with Sharpton, Brunson and Co. who
currently provide independent auditing services.
WHEREAS, the City Manager has received an engagement letter from
Sharpton, Brunson and Co. for the current year audit, and requests authorization from
the City Commission to sign the letter.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF SOUTH MIAMI, THAT:
Section 1. That the attached engagement letter dated August 21, 1997, is made a
part of this Resolution. The City Manager is authorized to sign the engagement letter
for fiscal year ending September 30, 1997 audit services with Sharpton, Brunson and
Company, P.A.
PASSED AND ADOPTED this day of September 16, 1997.
APPROVED:
Mayor Anna M. Price
ATTEST:
CITY CLERK, Ronetta Taylor
READ AND APPROVED AS TO FORM:
____ _ CITY ATTORNEY, Earl Gallop
SHARPTON, BRUNSON & COMPANY, P.A.
CERTIFIED PUBLIC ACCOUNTANTS
ONE SOUTHEAST THIRD AVE., SUITE 2100
MIAMI, FLORIDA 33131
TELEPHONE: (305) 374 -1574 / FAX : (305) 372 -8161
L . Dennis Whitt, City Manager
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Dear Mr. Whitt:
ONE EAST BRObVARD BLVD.. SUITE 1 110
FORT LAUDERDALE. FLORIDA 33301
TELEPHONE: (954) 467 -5490 /FAX: (954) 467- 61 84
E -MAIL: sbc @netrunnennet D 7` 7-1 r 7?
August 21, 1997
f,.,
AUG L 9 i7
MANAGER'S OFF!(-
This letter sets forth our understanding of the terms and objectives of our
engagement, the nature and scope of the services we will provide, and the related fee
arrangements.
We will audit the City of South Miami's (City) financial statements as of and for the
year ended September 30, 1997, in accordance with generally accepted auditing
standards, and the standards for financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States and OMB Circular A-
128, "Single Audits of State and Local Governments'; as well as AICPA standards and
procedures and requirements of federal and state agreements and statutory requirements
to the extent required by applicable auditing standards. The audit services provided shall
comprise the preparation of the Comprehensive Annual Financial Report for the City.
As a part of our audit, we will consider the City's internal control structure and
assess control risk, as required by generally accepted auditing standards, for the purpose
of establishing a basis for determining the nature, timing and extent of auditing procedures
necessary for expressing our opinion concerning the financial statements and not to
provide assurance on the internal control structure.
We will prepare a separate written report on our understanding of the City's internal
control structure and the assessment of control risk made as part of the financial statement
audit. Our report will include: (1) the scope of our work in obtaining an understanding of
the internal control structure and in assessing the control risk, (2) the City's significant
internal controls or control structure including the controls established to ensure
compliance with laws and regulations that have a material impact on the financial
statements, and (3) the reportable conditions, including the identification of material
weaknesses, identified as a result of our work in understanding and assessing control risk.
/S
SHARPTON, BRUNSON & COMPANY, P.A.
Page Two
Compliance with laws, regulations, contracts, and grants applicable to the City is the
responsibility of the City's management. As part of obtaining reasonable assurance about
whether the financial statements are free of material misstatements, we will perform tests
of City's compliance with certain provisions of laws, regulations, contracts, and grants.
However, our objective is not to provide an opinion on overall compliance with such
provisions.
We will prepare a separate written report on our test of compliance with applicable
laws and regulations. This report will contain a statement of positive assurance on those
items which were tested for compliance, negative assurance on those items not tested, and
a description of all material instances of noncompliance.
At the conclusion of the engagement, the City's management will provide to us a
representative letter that, among other things, will confirm management's responsibility for
the preparation of the financial statements in conformity with generally accepted
accounting principles, the availability of financial records and related data, the
completeness and availability of all minutes of board of directors and committee meetings,
and the absence of irregularities involving management or those employees who have
significant roles in the control structure.
We understand that our reports on the internal control structure as part of the
financial audit and on compliance with laws and regulations are intended for the
information of the audit committee, management, and others within City of South Miami.
This restriction is not intended to limit the distribution of this report, which is a matter of
public record.
A timetable to complete the engagement should be discussed and agreed upon as
soon as possible. We will require between three to four weeks to complete field work. A
draft of our report will be rendered within ten business days following completion of field
work. Final reports shall be issued no later than ten business days following our review of
the preliminary draft of the financial statements unless unexpected factors are
encountered.
This estimate may not be achievable if problems are encountered with regard to the
condition of the accounting records or their completeness. If such problems are
discovered, we will discuss the matter with you immediately in order that we can reach an
agreement as to the resolution of the situation.
SHARPTON, BRUNSON & COMPANY, P.A.
Page Three
Our fee for the above services will be $28,000, plus out -of- pocket costs not to
exceed $600. The City of South Miami will be billed monthly as the work progresses with
payment due upon presentation. This Agreement shall commence as of the date first
written above, for the purpose of auditing the financial statements of the City for the fiscal
year October 1, 1996 through September 30, 1997 with the City reserving the right to
extend this Agreement on an annual basis for four (4) additional fiscal years subject to
mutual agreement by the Auditor and the City.
May we remind you that the responsibility for the preparation of financial statements
including adequate disclosure is that of the management of the company. This includes
the maintenance of adequate accounting records and internal controls, the selection and
application of accounting policies, and the safeguard of the assets of the company. As part
of our audit process, we will request from management written confirmation concerning
representation made to us in connection with the audit.
We look forward to full cooperation from your staff and we trust that they will make
available to us whatever records, documentation and other information requested in
connection with our audit.
Please sign and return the enclosed copy of this letter to indicate that it is in
accordance with your understanding of the arrangements for our audit of the financial
statements.
Yours very tri dy ,
SHA{ZPTON, BRUNSON & COMPANY, P.A.
ony Prg6sdh, CPA
Accepted:
c
Title:
Date:
A.
B.
C.
SHARPTON, BRUNSON & COMPANY P.A.
FEE EXPLANATION AND AGREEMENT
Fee Structure
From time to time, we get inquiries concerning our method of charging fees. This is
understandable since each CPA firm handles fees a little differently and some new clients may
not have used a CPA before. This letter is our tool for communicating our fee structure to
our clients and other interested parties.
Basics
All time spent by partners of Sharpton, Brunson & Company or their staff members on your
matters including, but not limited to (a) accounting; (b) review work; (c) conferences; (d)
report preparation; (e) research; (f) telephone calls; (g) settlement negotiations; (h)
consulting; or (i) tax preparation and research will be billed at the applicable hourly rates.
Each staff member maintains accurate time records, and clients are billed based on actual time
spent on their behalf. Since we sell no products and accept no contingent fees, our time and
expertise is our only source of income.
Hourly Rates
A standard hourly rate is set for each staff member based on the criteria of experience and
ability. If no extenuating circumstances exist, clients are billed using standard hourly rates
multiplied by the actual hours worked.
Hourly rates vary substantially among staff members -- currently from a low of $55 to a high
of $165 per hour. Accordingly, it makes sense to use less experienced staff members to
perform routine accounting procedures to achieve the lowest hourly rate.
D. Out -of- Pocket Expenses
Basic overhead costs are included in the hourly rates. Expenses specifically on behalf of a
client is charged to them. Travel, postage, copies, long distance calls, courier services, etc.
are included in this category.
E. Billincis
Billings will be made monthly, but less frequent for limited activity, and are payable
in full upon request. If the account has not been paid within 30 days from the date
of invoice, a finance /interest charge of 10% per annum on the unpaid balance could
be charged. It is understood that Sharpton, Brunson & Company has the right to
defer rendering further services until payment is received on past -due billings. If
action is instituted to collect accountant's fees and cost pursuant to this Agreement,
the undersigned client agrees to pay such sum as the court may fix as attorney's
fees and costs.
F. Retainer
A retainer in the sum of $5,000 is to be paid before work proceeds. Initial services
rendered are to be first applied to the retainer fee.
G. Termination
It is understood between the parties that this Agreement could be terminated for
good cause by either party upon thirty days of written notice.
SHARPTON, BRUNSON & COMPANY, P.A.
By: Dated:
r' l
r. A t ony Brunson '
The undersigned acknowledges reading and understanding the foregoing Fee Explanation
and Agreement, agrees to the terms thereof, and acknowledges receiving a copy thereof.
CITY OF SOUTH MIAMI
in
Mr. L. Dennis Whitt
Dated:
►�9
City of South Miami
Inter- Office Memorandum
TO: Mayor & Commission
FROM:
City Manager
DATE: September 10, 1997
SUBJECT: Agenda Item # _ 1/.
Commission Meeting
September 16, 1997
New Tiki Hut at
Dante Fascell Park
Tennis Facility
The attached resolution seeks approval for a new Tiki Hut at Dante Fascell
Tennis Courts. Charges would be disbursed from account number 2000 -6430,
"Operating Equipment ", not to exceed $2,200.
The Public Works department has been working with the Parks & Recreation
department to find an appropriate vendor.
The recommendation of the Public Works department is to have the
Miccosukee Tribe of Indians of Florida, "sole vendor ", receive this purchase
order number.
I recommend approval.
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