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01-16-90 SPECIALi 8 OFFICIAL AGENDA CITY OF SOUTH MIAMI .6130 Sunset Drive . Next Resolution: 5 -90 -9031 SPECIAL CITY COMMISSION MEETING Next Ordinance: 3 -90 -1446 JANUARY 16TH, 1990 Next Coamission Meeting: 2 /6/90 7:30 P.M. A. Invocation B. Pledge of Allegiance to the Flag of the United States of America - C. Presentation D. Items 'for* Commission Consideration: 1 Minutes -. City Commission Meeting of January 2nd, 1990 2) City Manager's Report 3) City- Attorney's Report ORDINANCES - SECOND READING & PUBLIC HEARING: NONE RESOLUTIONS FOR PUBLIC HEARING:. V ' 4. A Resolution denying a va ce to permit a Day Care for seven or more 4/5 children in an RT -6 District. roperty legally described as the South 75 feet of the West 210 feet of t 1/4 of the NW 1/4 of the NW 1/4 of the. NW 1/4 less the West 35- feet in 25, Township 54 South, Range 40 East,-,lying and being in Dade County, (Planning Board /Administration) 5. A Resolution denying a special use 'permit to allow an eating establishment in an NR (.Neighborhood Retail) District on property legally described 3/5 as Lots 1 &2, Block, 4, Cocoplum Terrace Addition, as recorded at Plat Book 48, Page 38, of the Public Records of Dade County, Florida, A /K /A 6400 S.W. 62nd Avenue, South Miami, Florida- (Planning Board /Administration) RESOLUTIONS: Ci 6. A Resolution authorizing the er to clean`a..portion of Brewer 3/5 Canal and Prune Trees and roots at Tenn ourt. ` (Adm rnistration)� 7. A Resolution authorizing the City Manager to purchase six 1990 Ford 3/5 Crown Victoria Police Vehicles. (Administration) 6 �. C -' �m 8. A - Resolution authorizing Legal Counsel to offer the amount of one hundred 3/5 fifty three thousand doilars (_$153,000.00) as settlement of a liability claim against the City. (City Attorney) A 9. A Resolution expressing -tlTe gratitude and appreciation to Burger King 3/5 Corporation for the food and supplies made available to the migrant workers of South Florida during this time of great public need,. (Commissioner Brown -� 10. A Resolution authorizing the City Manager to - 4/5 execute an aagreement with Wright, Rodriguez and Schlinder, Inc., for the City of South Miami Government Facilities Improvement. (Administration) K l RESOLUTIONS (continued): r a✓ 11. A Resolution issuing the Mayor's proclamation declaring a Special 3/5 City Election to be held in conjunction with the Regular City Election, on Tuesday, February 13th, 1990, in the Fire Station at South Miami City Hall Complex, 6130 Sunset Drive, South Miami, Florida, for the purpose of a regular election to elect a Mayor, City Commissioners from Group I and II and a` special election to elect a City Commissioner from Group III; designating the place of voting, the time of opening and closing of the polls, naming Clerk of the Election, Deputy Clerk of the Election, Deputy Sheriff of the Election and inspectors of the Election and other personnel. (Mayor) ORDINANCES: 12. An Ordinance designating place of polling, date and time of a 3/5 Special City Election to be held in conjunction with a regular City Election on February 13, 1990. (Mayor & Commission) 13. An Ordinance amending Ordinanc`eNo. 17 -79 -1039 fah regulates 3/5 Cable Television Systems in the City by g a definition of the Federal Cable law; amending t initions of Cable Television Systems and Gross Revenues; ing provisions relating to rates and license renewal proce es; adding anti - discrimination and privacy provisions; p iding and effective date. Oyu (Administration) REMARKS: NONE You are hereby advised that if an with respect to any matter considered ratnthis�meetin appeal any decision person will need to ensure that a verbatim record of9the proceed' Such made, which record includes the testimony and evidence upon .nth is appeal is based. Pon which the RESOLUTION NO. (/ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA, DENYING A VARIANCE TO PERMIT A DAY CARE CENTER FOR SEVEN OR MORE CHILDREN IN AN RT -6 DISTRICT ON PROPERTY LEGALLY DESCRIBED AS THE SOUTH 75 FEET OF THE VEST 210 FEET OF THE NV 1/4 OF THE NV 1/4 OF THE NW 1/4 OF THE NW 1/4 LESS THE WEST 35 FEET IN SECTION 25 TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING AND BEING IN DADE COUNTY, FLORIDA Agenda Item PB -89 -029 WHEREAS, the applicant has requested a' variance to allow a day care center for seven or more children; and WHEREAS, at a public hearing on December 12, 1989, the Planning Board voted 6 -0 to deny the request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND'THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a variance to permit a day care center for seven or more children in an RT -6 district on property legally described as: the South 75 feet of the West 210 feet of the NW 1/4 of the NW 114 of the NW 1/4 of the NV 1/4 less the West 35 feet in Section 25, Township 54 South, Range _40 East, lying and being in Dade County, Florida. is hereby denied. PASSED AND ADOPTED this day of 1989. APPROVED; MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY 'ATTORNEY Resolut \5641SW67.VAR MEMO DL.Uc UP W R340� 49 V A' li Sa lrtaE ET ' 25242322 fM V at �I 4 4 s Am# 2 3 ' s saw si+• AfAr Ili NIEJ n n S s 4 07 I/ s: u is p sw {, 5�� tEt �� s7 3• I :) Q st Re i0 tt 3 ` o t1 2 t E 3 �2 Ar mvvv if 4. Of is 3 j 4 KI mt)- x C'P aa-;. g W A/ J z A $w to,nsr — 5 Stc. 24 . s w RM -2 srt •S j c s..� aL, .� � a �,. f � L.I •IL � � f � I� s K V = 2 S P1 . �f 7 f / Q Ii to a a s< aIY J? "'' L.f/ ! ` JL yw C�rwtr , Q i Svc S•3t to + • - 3 w � • acs f 4 h .3: y V y Dads Is Eouit�y � s � ; � - s Jo S 7 +� L IT �' ` h K• !) .. - • � i� Le 0 ST i Ij `r �� SOUTH M/A M/ FIELD'. ♦ IS w "r tK; / note APPLICANT: &AMA 961JACDj , OWMR: mi t kol$ Q lR1 6�V �Z• MAP REFEREIM: _6(/lt SW &-7 A ft Compass COMMENTS: Vfthf4de rot 6 DAY CAPE Eef Sca l e A-% . ? ! . . L Date . it moor ' Drn .WA..Chk.... . i jf,.*ITV oa SO `u AIAMI PLANNI" bo � A Q Hearing No. 0.4 . City of South Miami PLANNING BOARD 2 NOTICE OF PUBLIC HEARING On Tuesday, December 12, 1989, at 7:30 P.M. in the City Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. PB -89- 029 Applicant: Maria Garcia Menocal, Ramon and Angelina Rodriguez Request: Variance from Section 20 -3.3 (E) to permit a Day Care Center -(7 or more children) in RT =6 (where presently such a use is not permitted). Location: 5641 S.W. 67.Avenue Legal: The South 75 feet of the West 210 feet of the NW 1/4 of the NW /4 of the NW 1/4 of the NW 1/4 less the West 35 feet in Section 25, Township 54 South, Range 40 East, lying and being in Dade County, Florida. YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARINGS SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AMC FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO - CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F• S. 266, 0105) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE* SOUTH MIAMI, FLORIDA, AT THE TIME AND DATE STATED ABOVE, ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE Bey* °s OMM.SPNV -S T14K RIGHT TO RECOMMEND To THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED, THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT A FUTURE DATE, INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECTOR SY CALLING W7 -3141 opt BY wa1TiNe. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. PLANNING BOARD P15e100 -7 Bz REV. Iza-61 THIS IS A COURTESY NOTICE i M =NUTEB Plannirig Board December 12, 1989 City Commissioners • Chambers Tuesday, 7:30 PM A. Call to order and the Pledge of allegiance to the Flag -of the the United States of America. B. Roll Call. Present Abfient Tom Cooper Robert Parr Larry Ligammare Neil Carver John Andrews Manuel Gutierrez, Jr. PB -89 -029 Applicant: Maria Garcia Kenocal, Ramon and Angelina Rodrigues Requests Variance from Section 20 -3.3 (E); to permit a Day Care Center (7 or more children) in RT -6 (where presently such a use is not permitted) Location: 5641 S.W. 67 Avenue Legal: The South 75 feet of the West 210 feet of the NW 1/4 of the NW 1/4 of the NW 1/4 of the NW 1/4 less the West 35 feet in Section 25, Township 54 South, Range 40 East, lying and being in Dade County, Florida. Attorney Ed Henry spoke on behalf of Ms. Menocal as did Mr. John Topinka. Ms. Henocal gave background on herself and Ms. Rodriguez. There were seven persons speaking against this request. Public Hearing was closed and staff was asked for a report. Motion to adopt this ordinance as submitted made by Mr. Cooper, seconded by Mr.`Ligammare. RESULT: MOTION TO ADOPT AS WRITTEN: 5 0 k CO,"I REHENSIVE PLAN EXCERPT: Element Page Number 1.40 Plan Page Number 40 Townhouse Residential (Two Story) The townhouse category is intended to limit development to townhouse -type dwelling units on parcels of land not less than 60.000 square feet in area. Each dwelling unit should have its own at -grade direct access from the out or doom Townhouse dwelling units should be developed at densities that do not exceed one dwelling unit per 7,250 square fleet of site area. Zoning regulations which implement the townhouse category should prohibit single. family and two-family structures, except that single - family structures may be permitted to secure a vested right to use legally created parcels which do not meet minimum lot sire requirements of this plan and/or the zoning ordinance. Low Density Density Jftlil le-F� �ntial a*oao") Medium- Density Density Multi0le-Family Residential (Four -Story) The low- density and medium- density multiple - family residential land use categories are intended to provide for residential densities of 18 dwelling units per net acre (exclusive of rights-of-way) and 24 dwelling units per net acre (exclusive of rights -of -way), respectively. LAND DEVELOPMENT CODE EXCERPT Section 20- 3.3(E) pa=srszrrsn- USS S+ HMOU=.s Soutta I•liaimi ,Lsssd DwalonmlenIt •.. S t t tt _ AY a .Sy .r}a a.a. I f Y -.i .'t�Yt 1 a. ♦ a� C ! ,.ju....r_ ,,.. slasaa2 Lax2911PP 0 A s . �. sass "TIN 000sss I =xs .� :..., s ....... ..... - ................................... r 1 2 1 4 6! 1 2 0 a PL.NM VNI! DIVMP IDI! ISISISISISIsISIS{sl Islslslslslsl I I $1 -1 =319mcna Ails 000 000 000 000 000 000 Dw111a1, single - family rip B! p P P p i 5 : i s 13 1 17 1 Dulling, Townhouse s P p P p 5 S i ! i I t Coeval t roes 17 2 Dutili Boil P P ! s May C a r s Center (1 or sore children) 17 Neill". Multi -sally t P P P P P P S P 10 PratOraal organisation or Private Club 11 3 eoa�uaity_ Residential 'some (s or lass) ! P P P P! P p p P 7 Coveraantal Administration P It 1 Comity Residential noise (7 or sore) p P F P! PPP i MosP P 1 PUBUC An INSTITUTIONAL Oils 803 8N iOS 825 a" 610 a" ail 000' s21' 6v S32" Adult Congregate Living Tacility s 5 : i s 13 1 Chunk, Toole, or synagogue s s i i s S i i I t Coeval t roes P May C a r s Center (1 or sore children) t t P P P P r P P 10 PratOraal organisation or Private Club s s s s s P P P 2 7 Coveraantal Administration P p P F P! i MosP p 14 Museus, Library or Art tallerr t P P T P 12 Park at Pk Public P P P F P p! p T P p P P P P P School, llamentary or secondary P P p P p 12 adwol, vocational P P p P I2 Social services 4;encZ ! l ! ! t p t t 20� ,p 4 STAFF REPORT PB -89 -029 December 5, 1989 Applicant Maria Garcia`Menocal, Ramon and Angelina Rodriguez Request: Variance from Section 20 -3.3 (E) to _permit a Day Care Center (7 or more children) in RT -6 (where presently such a use is not permitted). Location: 5641 S.W. 67 Avenue _ Legal The South 75 feet of the West 210 feet of the NW 1/4 of the NW 1/4 of the NW 1/4 of the NW 1/4 less the West 35 feet in Section 25, Township 54 South, Range 40 East, lying and being in Dade County, Florida. ANALYSIS The applicant is requesting a use variance to permit a Day Care Center (7 or more children) in order to make some higher use of a property zoned for townhouses but not sufficiently large enough to permit a townhouse development. A single family residence is permitted as a vested right. LAND DEVELOPMENT CODE DIMENSIONAL REQUIREMENTS PAGE: $EL7ION " -A.6 DIMENSIONAL REQUIRElIENM azr�srrs=oxws. ssslvzasrisrrss litJLTZ- �AMZLY nZiTRZCTa1 Zs -6 RT -9a RM -18 RM-24 SE trsf iZFl _(Mr) iMFI Max. Density (units /acre) d 8.7 i8 24 Min. Site Sig* Net Area (sq. ft.) 60,000 10,000 10,000 15,000 Frontage (ft.) 200 100 75 100 Mia. Lot Size Not Area (sq. ft.) 3,000 as- as na Frontage (ft.) 25 na as na His. Yard Setbacks (ft.) Front 1 A 2 stories 25 25 25 2S 3 stories as na as 30 4 stories as as as 35 Near 1 A 2 stories 25' 26 20 20 3 stories na na na 25 4 stories na na as 35 Side (Interior) 1 A 2 stories 10 7.5 12.5 12.5 3 stories na na as i5 4 stories as as as 20 Side (Street) i & 2 stories 15 15 25 25 3 stories as as na '30 4 stories as as as 33 Between Buildings 20 15 20 20 Feriaeterb i5 15 na as. Max. Building Height Stories 2 2 2 4 Feet 25 25 30 50 Max. Impervious Coverage (x) 40 35 60 f0 s %whowese allow" eu►jea to all at-1 seeetseawte. *meapt sialan sit* atsa. ft aiiltles to all other rpnired oetletke eaas as sits assn Is greater else two (_) eens. LAND DBVBLOPMHNT CODt CITY OF SOUTH MIAMI 64 I � 7. HIGHLIGHTS OF REQUIREMENTS FOR CHILD CARE All Child 'Care Centers and preschools must be licensed in the State of Florida if more than five children are cared for any part of a 24 hour day. Five or fewer children come under the Family Day Care Standards and must also be registered. The following requirements are highlights of the Minimum Standards.' A complete set of requirements may be found in Florida Statutes, 402- 301 -319, Chapter IOM -12. F. LICENSES' REQUIRED A. Certificate of Use and Occupancy obtain from the appropriate municipality. Metropolitan Dade County Unincorparted Area 111 N.W. 1st Street, 10th F1., Miami, Fl. Tel: 375- 2633 City of Hialeah 86 East 6 St., Hialeah, Fl. Tel: 883 -6900 City of Coral Gables - 405 Biltmore Way, Coral Gables, Fl.- Tel: 442 -6517 City of Miami Beach 1700 Convention Center, Drive, Miami Beach- Tel: 673 -7553 City of North Miami - 776 N.E. 125th Street Tel 891 -8100 City of North Miami Beach - 17011 N.E. 29th 'Ave - Tel: 947 -7581 City of Miami 275 N.W. 2nd Street - Tel: 350 -7965 City of Opa Locka 777 Sharazad Tel: 688 - 4611 City of Florida City - 404 W. Palm Drive - Tel: 247 -8221 City of Homestead - 790 Homestead Boulevard - Tel: 247 -1801 City of South Miami - 6130 Sunset Drive - Tel: 667 -5691 B. Occupational License obtain from appropriate office. Dade County 140 W. Flagler Street Telt 375 -5064 City of Miami 65 S.W. 1st Street Tel: 579 -6713 Caleb 5400 N.W. 24th Avenue - Tel 638- 6933 South Dade Government Center - 10710 S.W. 211th Street - Tel: 232 -1810 C. State of Florida Certificate of License - HRS Child Care Licensng,Units 428 6 438 701 S.W. 27th Avenue, Suite 1100 Miami, Florida 33135 Tel: 643 -7459 or 7460 II. PERSONNEL A. All personnel must have a Tine Test for TB (date and results must be specified.) B. A Brief resume of Director /Operator's personal background is necessary. C. At least one person, preferably more, must take the Food Service Management Training Course given free by the Dade County Health Department, Located at: 1725 N.W. 167th Street - Tel: 623 -3535 for appointment. D. A First Aid Course must be taken by at least one person, preferably more, since there must be someone with this training on premises at all times. Call Red Cross, Telephone: 326 -8888 or Margaret Boundy at <375 -4670 to make an appointment. E. MINIMUM STAFF /CHILD RAT10i AGE OF CHILDREN: NUMBER OF ADULTS NUMBER OF CHILDRM 0-1 year 1 6 1 -2 ,year 1 8 2 -3 year 1 12 3 -4_ year 1 15 4 -5 year 1 20 5 and up 1 25 NOTE: Fewer children per staff member is desireable and with direct supervision. III. BACKGROUND AND SCREENING REQUIREMENTS: All Child Care personnel must meet background and screening requirements with include; fingerprinting, abuse registry and criminal records check. f 6t g S!o IV. TRAINING: "a4A -.� u-�' All personnel are required to take the Department 20 -Clock Hour Introductory Child Care Training Course. V. CHILDREN: A. All Children must have a physical exam and record of immunizations within 30 days of admission, preferably before admission. Immunizations appropriate to the age of the child must be up- to- date. B. Enrollment information /records; Information sucb as birthdate, parents' name, addresses, emergency contacts; medications and the like must be on record. C. A well- rounded early childhood program, appropriate to the ages and development level of the children, is desirable. Appropriate toys and equipment to facilitate learning should be provided. D. Nutritious snacks and lunch should be provided -. Menus should be posted and dated. An Alternate Food Plan (brown bagging) is allowed. (NO JUNK FOODS) VI. FACILITY: STATE STANDARDS A. Indoor Space 20 . s Q .ft per child B. Outdoor Space 45 sq.ft. per child (sufficient for } the licens capacity) Local requirements may vary from one municipality to another. C. Bathrooms One toilet and one wash basin required for the , first 15 children. Thereafter, every toilet and wash basin to accommodate 30 children. One portable or permanent bath tub or shower. D. A ty is required. E. Isolation space a space must be designated where a sick child may be cared for temporarily. F. Napping, space cribs /cots /mats must be at least 18 inches apart. G. Health and Sanitation: Must meet Dade County, Health Department Codes. *The kitchen must have a 3 compartment sink or a 2 compartment sink with a dishwasher with a sanitizing cycle. If you have any questions call Dade County Health Department at 623 3535. H. Fire Regulations: Must meet Fire Codes. *An Evaluation Plan must be posted. *Monthly Fire Drills must be recorded. VII. TRANSPORTATION: If transportation is provided, drivers and vehicles must meet all state and county requirements. VIII LICENSING PROCESS: A. Contact the State Licensing Office. The Child Care Counselor for your area will: *Visit the site. °Request Fire and Health Inspections °Provide State Standards and other information materials. 'Make a second site visit to see that all standards have been met and that inspections have been made. 'Complete approval package for operator to obtain a Certificate of Use. B. Contact appropriate Building and Zoning Office to obtain a Certificate of Use. C. Obtain an Occupational license from the county Tax Collector's office. D. A Certificate of license is renewable annually. Periodic visits will be made by licensing counselor to ensure compliance with Standards. A relicensing study will be made yearly. RESOLUTION. NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING A SPECIAL USE PERMIT TO ALLOW AN EATING ESTABLISHMENT IN AN NR (NEIGHBORHOOD RETAIL) DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 1 & 2, BLOCK 4, COCOPLUM TERRACE ADDITION, AS RECORDED AT PLAT BOOK 48, PAGE 38, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A /K /A 6400 S. W. 62ND AVENUE, SOUTH MIAMI, FLORIDA. Agenda Item PB -89 -030 WHEREAS, the applicant has requested a special use permit for an eating establishment in an NR district and the staff recommendation is that the proposal complies with current zoning regulations; and WHEREAS, at a public hearing on December 12, 1989, the Planning Board voted 6 -0 to deny the request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a special use permit to allow an eating establishment in an NR (Neighborhood Retail) district on property legally described as: Lots 1 & 2, Block 4, COCOPLUM TERRACE ADDITION, as recorded at Plat Book" 48, Page 38, of the Public Records of Dade County, Florida, A /K /A 6400 S. W. 62nd Avenue, South Miami, Florida. is hereby denied. PASSED AND ADOPTED this day of , 1989. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut\6400SW62.VAR T , ►t , ` ` ' 9 w � �t N jo 9 aVt / sr ,s to ., 3 L As f ! I IS1 i 7. SW �' 11 s•I !2 u. IS sw t 421V rat jag �♦ I a. . _ f v l►1il /, Me 4 4 M i1lf i t s . i sr 63 Ott v -so jp 1� AS + sa _ bs • - ..� j s► f N �/ i f "—'!�'7�/9 a .. , • 2 / • _•T is It it r' ! 44 64 TA f 4. S 6 S •- . ` �[ s or t rRACr J �, Il d, f .7 N rRAC TRAC 3 !* S1K s, -s II E y I!t ARS11AU p 3 rZ y ►.+ t� ' rRA4 r I! ' ! f v �: • a ; i ` is TRACT f d N1�fRS i!WAANSON SS r PA -sM 'sz W R r jo ,. ,. % - y Lnrxr�RSirr ' saROFna �► rRACr A , r#ACT APPLICANT: TAME PEIA`ir� OWNER: MAP REFERENCE: t/ too (� L vAvE COMMENTS: S IAA u EATING PtA4Lr cr ry s aUTq ia1 1 kANNING WARD Compass fscale. pff A14 .'r. Date /17309.n 4.. . Drn . 0.1h. .Chk .. . f It Hearing No. R.. City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, December 12, 1989, at 7:30 P.M. in the City Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matters. PB- 89 -03p Applicants Janie Peralez Request: Special Use Permit to allow an Eating Place in an NR District, as specified in Section 20- 3.3(E) of the City of South Miami Zoning Code. Location: 6400 S.W. 62 Avenue Legal: Lots 1 & 2, Block 4, COCOPLUM TERRKCE ADDITION, according to the Plat - thereof, as recorded in Plat Book 48 at Page 38 of the Public Record of Dade County, Florida. YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 15 TO BE BASED. (F. S.,. 2660 0105) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND, OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RIGHT, TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD 'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECTOR BY CALLING 667 -11601 OR MY WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. PLANNING BOARD sloo -: Bz REV. I:-*_sl THIS IS A COURTESY NOTICE PLANNING BOARD MINUTES DECEMBER 12TH, 1989 PB-89 -030 Applicant: Janie Peralez Request: Special Use Permit to allow an Rating Place in an NR District, as specified in Section 20- 3.3(B) of the City of South Miami Zoning Code. Location 6400 S.W. 62 avenue Legal: Lots 1 & 2, Block 4, COCOPLUM TERRACE ADDITION, according to the Plat thereof, as recorded in Plat Book 48 at Page 38 of the Public Record of Dade County, Florida. Mrs. Peralez signed in. There were two citizens present to speak against granting this request stating that the drug dealing and street noises already present would only increase with the addition of this business. Chairman closed the Public Hearing. Motion to deny made by Mr. Carver, seconded by John Andrews. RESULT: NOTION TO DENY 6 0 E .` STAFF REPORT PB -89 -030 December 5, 1989 Applicant: Janie Peralez Request: Special Use Permit to allow an Eating Place in an NR District, as specified in Section 20- 3.3(E) of the City of South Miami Zoning Code. Location: 6400 S.W. 62 Avenue Legal: Lots 1 & 2, Block 4, COCOPLUM TERRACE ADDITION, according to the Plat thereof, as recorded in Plat Book 48 at Page 38 of the Public Record of Dade County, Florida. ANALYSIS The proposal complies with current zoning regulations and may be permitted by Special Use approval'. The proposed Eating Place will be located within the existing gasoline station which will continue to operate as a gasoline station along with the proposed use, if approved. LAND DEVELOPMENT CODE EXCERPT: SECrrM 22-J& SPECIAL USE COWLrIAKS (4) Eating Place (a) All such establishments shall provide only inside or patio; service. (b) No services of a walk -up, drive-in or fast -food nature shall be permitted. (c) Establishments` shall be located not less than three hundred (300) feet from another such use. LAND DEVELOPMENT CODE CITY Of SOUTN MIAMI 45 , Ma, ' Sri - y1F,9 :Idld„7� ! : NNW 'O!y _ : S ObC 'p IL in aper Jame -� -�- �t'+�+a►e . •rev � • • . +8 iY 0 Q Z 1,ntidd •t+dSrf r"ii •'boo •001 rs .... 1 /t/M -O t • ' • '•� CIPAP fill �4Z Mt 31WJ5 A3Auns JO Nb1d - ww .� ...- . ------ - - j, I RESOLUTION NO 125 -89- 9004 -A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CLEAN A PORTION OF BREWER CANAL AND PRUNE TREES AND ROOTS AT TENNIS COURT. WHEREAS, upon recommendation of the Public Worts Department, the City Administration deems it in the public interest to clean a portion of Brewer Canal and prune trees and roots at Brewer Part tennis court; and - WHEREAS, the City Administration is recommending that the work be performed from Government_ Bid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a portion of Brewer -Canal be cleaned and trees and roots pruned by Perez Tree Service, Inc., from Government Did at a total cost of $6,000.00, to be paid from account No. 1750 -4670, entitled: Maintenance and Repairs. PASSED AND ADOPTED this day of , 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolution /Brewer Canal RESOLUTION NO. A RESOLUTION OF THE MAYOR ATD CITY COIOEISSION OF THE CITY OF SOUTH NIAHI, FLORIDA, AUTHORIZIZG THE CITY XkNAGER TO PURCHASE SIX 1990 FORD CROVI VICTORIA POLICE VEHICLES. WHEREAS, upon recommendation of the Police Department, the City Administration deems it in the public interest to purchase 6 Ford Crown Victoria Police Vehicles; and WHEREAS, the City Administration is recommending that the vehicles be purchased from Government Bid. NOV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section 1. That six vehicles be purchased from Don Reid Ford at a total cost of $77,742,00 from Dade County Bid #1672 to be paid from Account No. 1910 -6430, entitled: Equipment- Operating. PASSED AND ADOPTED this day of 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY w Resolut \police.res 4"7 a RESOLUTION NO. A RESOLUTION OF THE -MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING LEGAL COUNSEL TO OFFER THE AMOUNT OF ONE HUNDRED FIFTY- THREE THOUSAND DOLLARS ($153,000.00) AS SETTLEMENT OF A LIABILITY CLAIM AGAINST THE CITY. WHEREAS, the City is presently in litigation regarding a liability claim in the matter of City of South Miami v. Symons; and WHEREAS, the City wishes to offer an amount of $153,000.00 in settlement of this matter. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. That the Mayor and City Commission hereby authorize legal counsel to offer the amount of One Hundred Fifty- Three Thousand Dollars ($153,000.00) to settle the liability claim of Ralph W. Symons against the City in Case No. 86- 42353 in Dade County Circuit Court. Section 2. That the funds for the settlement shall be expended from Account No. 14520- 9100 entitled; Self Insurance Fund. PASSED AND ADOPTED this day of 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \settle.res i ' RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, EXPRESSING ITS GRATITUDE AND APPRECIATION TO BURGER KING CORPORATION FOR THE FOOD AND SUPPLIES MADE AVAILABLE TO THE ,MIGRANT WORKERS OF SOUTH FLORIDA DURING THIS TIME OF GREAT PUBLIC NEED. WHEREAS, the recent freeze disseminated the crops of the farmers in Florida; and WHEREAS, the farmers have little or ` no need for the services of migrant workers due to this freeze and, therefore, the migrant workers are without funds or food, and WHEREAS, Burger King Corporation has 'offered to assist the migrant workers by providing mobile kitchens and food at specific locations in South Dade to provide for interim needs, and WHEREAS, Burger King is providing bulk food to the families of the migrants to assist them in this crisis. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City hereby expresses its gratitude and appreciation to Burger King Corporation for the food and supplies made available to the migrant workers of South Florida during this time of great public need.' Section 2. That the City Clerk shall mail a copy of this resolution to Burger King Corporation in recognition of its generosity. PASSED AND ADOPTED this day of 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Res90- 83.Res -- -- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMKISSION OF THE CITY OF SOUTH lit I All I , FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT VITH WRIGHT, RODRIGUEZ AND SCHLIHDER, INC. FOR THE CITY OF SOUTH MIAMI GOVERNMENT FACILITIES IMPROVEMENTS. WHEREAS, the Mayor and City Commission ranked the firms for negotiations to commence by the City Manager and Staff for proposals for improvements to the City's Police and Public Works Department; and WHEREAS, the Administration has negotiated with the firm ranked first and recommends the agreement submitted herewith. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Manager is hereby authorized to execute the , Agreement attached hereto as Exhibit "A' with Wright, Rodriguez and Schlinder, Inc. for the provision of services described above. Section 2. That funds for this project shall come from Account Number entitleds,., �J . PASSED AND ADOPTED' this day of 1990. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \Consultant. Selection T H E A M E R I C A N I N S T I T U T E O F A R C H I E C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: City of South Miami (j ame and address) 6130 Sunset Drive South Miami, Florida 33143 and the Architect: WRIGHT, RODRIGUEZ and SCHINDLER (Name and address) 80 Southwest 8th Street, Suite 2110 Miami, Florida 33130 For the following Project: , (Include detailed descrvtton of Project, location, address and scope.) Remodeling and addition to the Police Station, Department of Public Works, and Mechanical Retrofitting of City Hall. The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948,1951, 1953, 1958, 7961 1963, 1966,1967, 1970, 1974, 1977; ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 6141 • OWNER - ARCHITECT AGREEMENT - FOURTEENTH EMTION * AIAS • 01967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W , WASHINGTON, D.C. 20006 P141 -1987 r �. r f,� {o- ��S'•�yy �Z+�trc,� '`' �, a, � +'x•,,,ii � �, "�j �� Y, �4Y�". y"�r. i t+ fir it . it rS y3 w �,t`ya y_:y• J1S ry i iF a7[ I It' 0 *' ,TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prep, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECTS SERVICES the size and character of the Project as to architectural, sttuc- aural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect, Architect's employees and Architect's 13.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the pre and any other services included in Article 12. liminary estimate of Construction Cost. 1.1.2 The Architect's services shall be performed as expedi t4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional shill and care and the t4.1 Based on the roved Des' Development orderly progress of the Work. Upon request of the Owner, the approved Docu- Architect shall submit for the Owner's approval a schedule for merits and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner, the Architect shall prepare, for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifica- approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construc- the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not, except for reasonable cause, be exceeded 14.2 The Architect shall assist the owner in the preparation of by the Architect or Owner. the necessary bidding infortnation, bidding forms, the Condi- tions of the Contract, and the form of t between the 1.1.3 The services covered by this Agreement are subject to A the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. SCOPE OF ARCHITECT'S BASK SERVICES 24.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction 2.1.1 The Architect's Basic Services consist of those described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- 2.5 . BIDDING OR NEGOTIATION PHASE tural, mechanical and electrical engineering services. 2.5.1 The Architect, following the Owner's approval of the 2.2 SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary estimate 2.2'A The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.6 CONSTRUCTION PHASE— ADMINISTRATION 2.$.2 '' The Architect shall provide a preliminary evaluation of OF THE CONSTRUCTION CONTRACT the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- 2.6.1 The Architect's responsibility to provide Basic Services tions set forth in Subparagraph 5.2.1. for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 2.2.3'11 The Architect shall review with the Owner alternative at the earlier of the issuance to the Owner of the final Certificate approaches to design and construction of the Project. for Payment or 60 days after the date of Substantial Completion 2.2.4 Based on the mutually agreed -upon program, schedule of the Work, unless extended under the terms of Subparagraph and construction budget requirements, the Architect shall 10.3.3. prepare, for approval by the Owner, Schematic Design Docu- 2,6,2 The Architect shall provide administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area, volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties, responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and an y adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT 8141 + OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA9 • 01987 THE AMERICAN IiNSTrrL rE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 81414987 2 77 7 - 24.4 The Architect shag be a representative of and shall advise quantity of the Worst, (2) reviewed construction means, nwth- and corm* with the Owner (1) during construction until final ods, techniques,; sequences or procedures, (3) reviewed copies payn;m to the Contractor Is due, and (2) as an Additional Ser. of requisitions received from Subcontractors and material sup. vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantlate rection period described In the Contract for Construction. The the Contractor's right to payment or (4) ascertained how or for Architect thrall -have authority to act on behalf, of the Owner what purpose the C "actor has used money previously p=d only to the extent provided In this Agreement carless otherwise on account of the Contract Sum. modeled by written IRSUUMC tt. 2.6.11 The Architect "have authority to rcim Work which 2.15.5 flee Ardtlem cash visit the site at lnterv;ak apps doss not conform to the Contract Documents. Whenever, the to the stage of cortstrucdon or as otherwise agreed by the Architect considers it necessary or advisable for Impiernenta. Owner and Ardhitect in wd tlg to become generally famlhr tion of the Intent of the Contract Documents. the Architect we with the progten and qualty of the Work completed and to have authority to. additional Inspection or testing of the determine in general 9 the Work is being performed In a than- Work in accordance t.ith the provisions of the Contract Doxv ner ktdicatatg that the Work when completed will be In actor wars, whether or not such Week b fabricated, installed or dance with the Contract Documents. However. the Architect conokted. However. ne ha this authority of the Architect nor shall ws be required to mafoe exhaustive or continuous on-ske a decision made In Rood faith a dwr to exercise or not to ere[ Inspections to check the quality or quantity of the Work. On cite such authority shA *VC rise ip a duty or city of the basis of on -site observations as an architect, the Architect tine Architect to the Contractor, material and shall keep the Owner Informed of the pry and quality of equipment suppliers. dndr agents or employees or' other per. the Work, and dta8 endeavor so guard the Owner against sons performing potations of the Fork. defects and deficiencies In the Work. (More extensioe due representation may be agnM to as an Additional Serrytae, as 2AL12 71w Architect shah review and approve or take other dm7g7ped in Para8raP b 3.2.) appropriate action upon Contractors submittals such as Shop Drawings, Product Data and Sampks, but only for the limited 2.6.6 The Ard sect *A not have control over or charge of Purpose of checking for confornume with i dorm2don given and shall not be responsible for construction means, methods, and the design concept eposed in the Connate Documents. techniques, sequences or paooec uiM or for safety pmrautiom The Architect's action `* A be taken with such reasonable and programs in connection with the Work. since these are Promptness as to cause no delay in the Work or in the con - solely the Contractors tespor> Imy under the Contract for struction of the Owner or of sepmate contractors, while allow - Construction. The Architect stall not be responsible for the Ing sufficient time in the Ard dtert's professional Judgment to Contractor's sdleduks or bkm to carry out the Work in accoc permit a N"le review. Review of stnch submittals Is not con. dance with the Contract Documents. The Architect shall not dhllCted for the purpose of detenrdnitg the accuracy and con- have control over or dwW of acts or omissions of the Contrac- pktm of other deta9s such as dimensions and quantities or tor, Subco ntrActors, or their agcros or employees, or of any for substantiating Instructions for installation or performance of other persons performing portions of the Work. equonent or systems designed by the Contractor, all of which remain the respansibiliy of the Contractor to the extent 2.6.7 The Architect shall at as times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation Of progress. shah not constitute app rW of safety precautions or unless otherwise specifically stared by the Architect, of construction 2.6.9 Except as may otherwise be ptovidcd in the Contract means. methods, Wchidques. sequierim or procedures The Documents or when d h ect communications have been ape- Architect's approval of a specific _ itcm shall not intricate tally audxxhxdi, Ik Owner and Cormactor shall communicate approval of an assembly of which the item is a component. through dw Architect. Communications by and with the Archi- Vhen professional ccnfficdDn of performancc characteristics tects consultants shahf be thttxtgh the Architect. of materbls, systems or equipment Is required by the Contract 2.6.9 Based on the Atdmkect's observations and evaluations of Documents. the Architect shah be entitled to rdy upon such the Conwactoes llwNexions for Payment, the Architect shat axtifk2tion to establish that the aatcrials, systems or equip review and certify the amounts due the Contractor. °ent will mat the performance criteria required by the Con- text Documents. 2.6.10 The Arst>i acs certification for payment shall consti- 2.1.13 The Architect shag prepare Change Orders and Con- cute a representation to the Omer, based on the Architect's stnxtlon Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- SubparagmPro 11 t and 3.3.3, for the Owners approval and menu, that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that, to the best of the Archleet's knowledge` information and nqy authorize minor changes in the Work not involving an belief, quality of rite Work Is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation of the Work for conf xinance with the Contract Documents. Documents upon Substantial Completer, to results of subse- quent tests and ingntctions, to murcmrdeviatkms from the Con- M14 The Architect shall conduct emspections to determine tract Docu rnents COMT13MC prior to Ct)mpletkm and to store- the date or dates of Substantial Completion and the date of Gnat cific quralificatlt>ns expressed by the Architect. 17hc issuance of a ccxmpletian, shall receive and forward to the Owner for the Ceftirtcate for Payment gal fint her constitute a representation Owner's review and reconk written warranties and related than the Contractor is entitled to payment in the amount eerti documents required by the Contract Documents and assem fled. However, the issuance of a Certificate for Payment Shan bled by the Contractor, and shah Isaw a final Certificate for Pay-. r' not be a repre5etmta bn that the Architect has (1) trade exhaus- mettt upon compliance with the requirements of the Contract tive or continuous an -site inspections to check the quality or Documents. AIA DOCUMENT 8141 '• O'WM- A1"rrECT AGREEMEMT • t=OUR7EEIt111 EDITION • MAO : 01987 3 8141 -1967 THE AMERICAN INSTITUTE of ARCMTELTS. 1735 NEW YORK AVDnJF, row+., WASHINGTOtd, D C 20006 zz Ax 4.$. !'�,3 fielrileeshallteret snd rtieeideacters�on- 3.2.3 Through the observations by such Project Represen- eert perfernranee of the-9wnerwW4oruaQter- d>d 4h—, tatives, the Architect shall endeavor to provide further protec rvgttirertuWK&OF4h9 C9RWAc ent+oi,ew,:itteiv eegnest eF- tion for the Owner against defects and deficiencies in the Work, eittnea:.thr- Owner. as ArshMet -s-r se- to- but the furnishing of such project representation shall not SUCK requests-shalLbe_ made vUh rm naW_prompuwss -and• modify the rights, responsibilities or obligations of the Architect w�it#iitnarnyae Wrnits- agFee�- apse - as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shalt be 34 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making envisions in Drawings, Specifications or other drawings. When making such interpretations and InkW deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall norstw pmrtiafaty .1 inconsistent with approvals or Instructions previously to4*4ef and shall not be liable for results of interpretations or given by the Owner, including revisions made needs decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget; tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such 2:6i6-1:hr Arrhkcct- shall -reridc, writtetr decisiors-within s- documents; or reasonable time �aali claitnsr disputes -orb matters in- goes- .3 due to changes required as a result of the Owner's fail lion- bnetwa ft- OWPWAacidrvetttrac4or- reistft;g -tee exert- ure to render decisions in 2 timely manner. *ion- ft Vegress-of -the Work-w- provided -in -the -Contraiet- Doctm ants- 3.3.2 Providing services required because of significant 2.6.19 The Architect's decisions on claims, disputes or other changes in the Project including, but not limited to, size, gtnl matters, including those in question between the Owner and ity, complexity, the Owner's schedule, or the method of bid- Contractor, except for those relating to aesthetic effect as pro �g or negotiating and contracting for construction, except for aided in Subparagraph 2.6.17, shall be subject to arbitration as Vices required under Subparagraph 5.2.5. provided in this Agreement and in the Contract Documents.. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings,; Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included ip Basic Services unless so identified in Article 12, and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur - addition to the compensation for Basic Services. The services ,nishing'services required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. if services 3.3.6 1 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor, by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor, or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to com- Contractor under the Contract for Construction. mending such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or pan gf such Contingent Addi- with the Work. tional Services are not required, the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services. arbitration proceeding or legal proceeding except where the 1.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICQ 3.3.9 Preparing documents for alternate, separate or sequential 3.2.1 if more extensive representation at the site than is bids or providing services in connection with bidding, negotia- described in Subparagraph 2.6.5 is required, the Architect shall tion or construction prior to the completion of the Construe provide one or more Project Representatives to assist in carry- tion Documents Phase. - iog out such additional on -site responsibilities. OPTIONAL ADDITIONAL SERVICES 3.2,2 Project Representatives shall be selected, employed and 3.4 OP directed by the Architect, and the Architect` shall be co mpen- 3:4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and-. Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3:4.2 Providing financial feasibility or other special studies. > Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless 3:4.3 Providing planning surveys, site evaluations or com- otherwise agreed. parative studies of prospective' sites. AIA DOOLWNT 81416 OWNER - ARCHITECT AGREEMENT • FOUMENTH EDITION • ALAS • 01987 THIS AMERICAN INSTtrM OF ARCHITECTS, t' v YORK AVEKUE, N.W., WASHINGTON, D.C. 20006 8141 -1987 4 5_ - < s 4.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submisi�ions required for approvals of governmental authorities the Project, including the Construction Cost, the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 -it wquesud by-dnc Awhitect,.tite j0w= shall_huaish evi. and equipment. deee&* rot- &maeiol-mm�t84iav&beeR4nade4aAMkhe 3.4:6-Mvirl ng-- semiees •ie •iow stigate- existft- emiditions of OwRerkr�o gAio *attars AgFeMervt. facttimioruxrrrll tt >rmlwdmJr=iogs- thereof 4.4 The Owner shall desigmte a representative authorized to 343 act to- rerifythe aeeuracyoF d or act on the Owner's behalf with respect to the Project. The odw4ftfamation4timtishe4 by 4li-e-Owner- Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4,5 The ` Owner shall furnish surveys describing physical 3.4;9 Providing services in connection with the work of a con characteristics, legal limitations and utility locations for the site wne of the Project, and a written legal description of the site. The Oan manager or separate consultants retained ' by the surveys and legal information shall include, as applicable, Owner. grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. piny and strictures; adjacent drainage; tights -of- -way, restrictions, easements, encroachments, zoning, deed restric. 3.4.11 Providing detailed quantity surveys or inventories of Lions, boundaries- and contours of the site; locations, dhnen- material, equipment and labor. signs and necessary data pertaining to existing buildings, other " 34.42 of-ewisiAg $rt4 eperatfngc sus. improvements and trees; and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar, services below grade, Including inverts and depths. All the information required for or in connection with the selection, procurement on the survey shall be referenced to a project benchmark. or installation of furniture, furnishings and related equipment. 4.$ The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3z4, t4 g ,-irnvrntvrirs of rrotGriadsaregt services may include but are not limited to test borings, test t> af C;Clw5ig. pits, determinations of soil beating values, percolation tests, evaluations of hazardous materials, ground corrosion and resin- 3,4 46- Preparing -a- set -of- reproducible fecercl4rawit>g5. dwv- tivity tests, including necrosary operations for anticipating sub ing sigadi shatuges in the 1XCork •rawde -dv* g-eotnst lea- , soil conditions, with reports and appropriate professional b2wd-o& a; *Cd-VP ffiAtfir draw+rtgsa"Qt#reEdata- kwnished- recommendations. by- dw-Gontraetame -the Architeet- 4.6.1. The Owner may famish the services of other consul - 3.4.17 Providing assistance in the utilization of equipment or tans when such services are reasonably required by the scope systems such as testing, adjusting and balancing, preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 4.7 The Owner fuurnish structural, mechanical, chemical, 3.4.18 Providing services after issuance to the Owner of the air and water pollution tests, tests for hazardous materials, and other laboratory ) and environmental tests, Inspections and Tuna) Certificate for Payment, or in the absence of a final Cer- reports required. by law or the Contract Documents. tificate for Payment, more than 60 days after the date of Sub - stantial Completion of the Work. 4.8 The Owner may famish all legal, accounting and insurance 3.4.19 Providing services of consultants for other than archi counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering por- Project, including auditing services the Owner may require to tions of the Project provided as a part of Basic Services. verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 maybe furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Projector nonconformance with the Contract Documents. 4.1 The Owner shall provide full ` information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of _ the Architect or Architect's consultants shall be set forth the Owner's objectives, schedule, constraints and cri submitted to the Architect for review and approvalllat least 14 teria, including space requirements and relationships, flexi- ` days prior to execution. The Owner shall not request cenif ca- bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this Agreement. AIA DOCUMEM 8141 • OWNER. ARCHITECT AGREEMENT • FOURTEENTH EDITION • AtAs s ®1987 5 0141 -1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Vi � . � �3 �Y Via? -`.� '� ♦€ .n ' -. r ii y p $ 3r L: 0. KS• ARTICLE 5 .3 if the Project is abandoned, terminate in accordance CONSTRUCTION COST with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to deduce the Construction Cost. 5.1.1 The Construction Cost shall be the total cost or esti- 52.5 If the Owner chooses to proceed under Clause 5.2.4.4, mated cost to the Owner of all elements of the Project designed the Architect, without additional charge, shall modify the Con- or specified by the Architect. tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification 5.1.2 The Cori tntction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit, equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con - with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow - the Construction Phase is commenced. ante for contingencies shall be included for market conditions at the time of bidding and for changes _ in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights -of -way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. a,} The Drawings, Specifications and other documents pre- 5.2 RESPONSIBO.ITY FOR CONSTRUCTION COST pace by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain 20 common law, str fiction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The owner shall be permitted to retain copies, including repro- the'construction industry. It is recognized, however, that nei ducible copies, of the Architect's Drawings, Specifications and ther the Architect nor the Owner has control over the cost of other documents for information and reference In connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project. The rchi- of determining bid prices, or over competitive bidding, market toot's Drawings, Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects, for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 A limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget. tmiess-such fried iitrrit-tw with the Project is not to be construed as publication in deroga- been-agreedA yea:inw;itirr X%4igae&191rgWpsrties-herete -tf tion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in ARTICLE T + the Contract Documents, to make' reasonable adjustments in the scope of the: Project and to include in the Contract Doeu- ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an 7.1 Claims, disputes or other matters in question between the increase in the Contract Sum occurring after execution of the Contract for Construction. panics to this Agreement arising out of or relating to this Agree - ment or breach thereof shall be subject to and decided by 21bi. 5. ;.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry Arbitra. within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise_ Construction Cost shall be adjusted to reflect changes in the 72 Demand for arbitration shall be filed in writing with the general level of prices in the construction industry between the other party to this Agreement and with the Americae Arbitra- date of submission of the Construction Documents to the tion Association. A demand for arbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after the claim, dispute or other - matter in 5.2.4 if a fixed limit of Construction Cost (adjusted as pro- question has arisen. In no event shall the demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: p&S based on such 'claim, dispute or other matter in .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of litramons. Wit' 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include, by consolidation, joinder or in any other mariner, within a reasonable time; an additional person or entity not a party to this Agreement, ALA DOCUTAMIT 8141 • OWNER- ARCHITECT AGREEMENT t FOURTEENTH EDnVK • AIA* • 01987 THE AMERICAN INSTITUTEOF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 0141 -1987 6 .:- :..Tt+ -.rte.' , T ~ ---••-.- �s-=•----- __--°`F�-- '--^'-irz- .- .,. ---s• •3 £. .t, first b*` _ �A�� _ ~` - - ` -- • " -� '. ``; r3i � y" � s, raw <y�%��?�_ .,.Y' } `� °�'` '- *YH,�` '�t'a¢WF�ri6y�� rSif t N. . - - t _wsue'' 3'� sEy, fi -3� �' xa`c $,s '°'4J..r)� �. � •.. A i 1`$� _ t I ;�> �� F -. t ' ,. 'a tftiL ' '1L,•vfi, '!'..,. - - s r �` C „ ,f, ;,� �y'•.•.i�.7y •ijr k`7r�ra a tF'S^ •'3,�1' y _-.1 ' .. - r. •. .w � . ,L,' f'w acct- +�� '`�,-' s.� �f D�i- 9 - ° ar.'.�, i� " s ' _ _ _aftJ �_ ;iii `�•,. - - - . except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner, Architect, and any other Additional Services earned to date if termination person Or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person or entity shall not constitute .3 Five percent of the total compensation for Basic and consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination question not described in the written consent or with a person occurs during any subsequent phase. or entity not named or described therein. The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to ARTICLE 9' this Agreement shall be specifically enforceable in accordance with applicable law, in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov- applicable law in any court having jurisdiction thereof erred by the law of the principal place of business of the Arr'niteet- Owner. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE $ those in AIA Document A201, General Conditions of the Con- ttaa for Construction, current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement 8.1 Phis Agreement may he terminated by either party upon pertaining to acts or failures to ctrl shall be da�ntetitl-itase based not less than seven days' written notice should the other party on*effued- wwJ -#x- applicable statutes of limitations,4" -c"w- fail substantially it) perform in accordance with the terms of this Tntmrr tottiri-mn. late* 4 wn eit #ter -the d=ire of: -%ub tAn*A cywi- Agreement through no fault of the party initiating the termination. ptet ion fart- JCW- oW42ihM:s-t0 aC" rc=Mg prior etrSubstantiah f lcEirm, -Hrthe [date- of-isswmice "f- the- f'mai- fertifiente -frn 8.2 If the Project is suspended by the Owner for more than 30 fayment4 0r- acts- 0r- fsiltires4(* OLA- oeeWFi"g -aft er -sub -taft" consecutive days, the Architect shall be compensated for ser- fxnttpietion. vices performed prior to notice of such suspension. When the , the, �imneraN- Anxeer- waie��al}igHe;�,airts -�..� Project is resumed, the Architect's compensation shall be rr ub- vt1xT �-agaitrsr the- tontraet<xr, -ex nnnirants- agener and tabiy adjusted to provide for expenses incurred in the interrup- �� t#tE- ex[�tEeer� tion and resumption of the Architect's services. -emlyie 8.3 This Agreement may be terminated by the Owner upon ri t a4t}>eynxty i vi+�tH icyar ttls- Hf- a+t+ei�iHtiirratxtacsc+ not less than seven days' written notice to the Architect in the 4 iR4he- edi*"-)f -A4A Po t nw* fifweittK�et titiE>fr4 event that the Project is permanently abandoned. If the Project rh the- _(wnraet -fnr Co"ruetitxr, -c urerx-et eEthe- elate- )ftiti* is abandoned by the Owner for more than 90 consecutive days, Ag eetnetat -The Ownef wx1- Arckitcc+ew r 4;ltsali- tcclteiFr irt�iil _ the Architect may terminate this Agreement by giving written wed vet a-fr ym th6r -cc" met" rs-, cow"ah- ants- .ertd�.egrrtt* notice. 9.5 The Owner and Architect, respectively, bind themselves. 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives io accordance with this Agreement shall be considered substantial the other' party to this Agreement and to the partners, succe5 nonperformance and cause for termination. stirs, assigns and legal representatives of such other pang with respect to all covenants of this Agreement. Neither Owner nor 8.5 If the Owner Fails to make payment when due the Archi- Architect shall assign this Agreement without the writtencon- tect for services and expenses, the Architect may, upon seven sent of the other. days' written notice. to the Owner, suspend performance of ser- vices under this Agreement. i lnlcss payment in full is received 9.6 This Agreement represents the entire and integrated agrcr by the Architect Within seven days of the state of the notice, the merit between the Owner and Architect and supersedes all suspension shall take effect without further notice. In (he event prior negotiations, representations or agreements. either writ of a suspension of services, the Architect shall have no liability ten or oral' This'Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by loth Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contrrc- 8.6 In the event of termination not the fault of the Architect, tual, relationship with or I cause of action in favor of a third the Architect shall he compensated for services performed prior party against either the Owner or Architect. to termination, togcthcr with Itcitnhursahic Exixnse:s then due and all Termination Expenses as defined in Paragraph 8.7. 9.8 t'rtless others Ise provided in this Agrecnlcitt, rile An7iitcYl and Architect's consultants shalt have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery,' presence, handling, removal or disposal of or expo- I3asic and Additional Services, and include expenses which are -sure of persons to'Numi -doors material~ in any form at the Proje(1 directly attributable it) termination. Termination Expenses shall site, Including but not limited to ;niksttn, ;OX-stos produtv%. be computed as a percentage of the tonal' compensation for polychlorinated biphenvi (P(,B)'or other toxic suhstZ -CS. fiasic Services and Additional Services earned to the time of ter- - urination, as follows: 9.9 The Architect shall have the tight to include rtprc-writa- tions of the design of the Project, including photographs of the .1 Twenty percent of the total compensation for Basic exterior and interior, among the Architect's promotional and and Additional ,Services earned to date if termination professional materials. The Architect's materials shall not occurs before or during the predesign, site analysis, or include the (owner's confidential or proprietary infonnati n if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* • Ki19A� - 7 8141 -1987 THE AMERiCAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C.2tXXI(, c: y s t the specifc information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential qr proprietary. The Owner shall provide professional 10,3.1 An initial payment as set forth in Paragraph 11.1 is the credit for the Architect on the construction sign and in the pro- payment under this minimum paym Agreement. motional materials for the Project. 10.3.2 Subsequent payments for Basic Services shall be made newhly-2nd, where- apphcal*,-stmltix in proportion to ser- ARTICLE 10 vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2, at the end of each phase. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE mph 11:5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and cornputed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary con- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment struction Cos, and an portions taxes and other statutory employee benefits, insurance, sick Y portions of the Project are deleted or leave, holidays, vacations; pensions and similar contributions otherwise otherwise not constructed, compensation for those portions of and benefits. the Project shall be payable to the extent services are per - formed on those portions, in accordance with the schedule set i0.2 REIMBURSABLE EXPENSES forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- received, the most recent preliminary estimate of Constriction tion for Basic and Additional Services and include expenses Cost or detailed estimate of Constnicuon Cost for such pot- incurred by the Architect and Architect's employees and con- tons of the Project. sultans in the interest of the Project, as identified in the follow - 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 493:1- Exper�-of -n ttspa=ion-in cmneettbn- WiM-dw- 10.4.1 Payments on account of the Architect's Additional PFofeet;-eicperaes -irruxmeetiorrwith-ati"SwAI.. atuatown} Services and for Reimbursable Expenses shall be made monthly wavel; -ler distsacf�'e +xurtieatien and• fees paid fdr secur- upon presentation of the Architect's statement of services ren- ingappro� fat ei t s- havittgjimisdietion- overthe-Project- dered or expenses incurred. %2A- .k- Expemse -of - reproductions -postage-and- hwWiinggof- 10.5 PAYMENTS WITHHELD Bfawi>}gs- Speeii'ieatiom aed ether deeurnerrts- i ncl udi ng 10.5.1 No deductions shall be made from the Architect's com- 10 10.2.1.3 If authorized in advance by the Owner,i„expense of pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates. sums withheld from payments to contractors, or on account of errors 10.2.1.4 Expense of rendering~, models and mock -ups requested or the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10,3.4 A- - Expense of ii"Nonalt insurance-cvveragc -or tart , 10.6 ARCHITECT'S ACCOUNTING RECORDS inewding- profesmh iiabitiry-insurmTa-, Tegtmstett -Wnre 10.6.1 Records of Reimbursable Expenses and expenses per - 9wfker- in- meesg Arrhirrrtgcansnlrants- taming to Additional Services and services performed on the basis Of :a multiple of Direct Personnel Expense shall be avail- 40:2:4dr£xpmmo-- f- tputer- aided - design-- md-dtafting- able to the Owner or the Owner's authorized representative at egtiiprm-vlttime-whm -used itrcomce-tim- withrthe- Project mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of -0- Dollars (S -0 ) shall be made upon execution of this Agreement and credited to the Owners account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify pbases to uftcb particular +metbods of compensation apply, if netessapt) - $113,800.00 (One Hundred Thirteen Thousand Eight Hundred Dollars) Monthly payments based on amount of work performed. AIA DOCUMENT 8141 - OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA* • ©1987 THE AMERICAN INSTrrCTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 E1141 -1987 8 4„SC i Z. ig MU Vere compensation is based on a stipulated sum or percent*e of Construction Cost, progress payments for Basic Services 1 in each phase shall total the fotbwing percentages of the total Banc Compensation payable: (/nevrt adt N-W pbam as 4vraprtate.) Programin $ 5,690 Percent 5% Schematic Design Le. (10 %) 11,380 Percent Design Development Phase: ' 2 2 ,36 0 percent (2 0 `A) CAmstmcdon Documents Phase: 45,520 per ern(4 0 %) Bidding err Negodation phase 5,690 percent ( 5 %) C onstruction Phase: 22 , 7 6 0 pennant (2 0 %) Taal Basic Compensatim- $113, 800 one hundred percent (100 %) 11.3 COMPENSATION FOR ADDITIONAL SEM ES ii.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Parrgnph 3.2, compensatbn shall be com- puted as *&ws: 2.5 Times the hour rate and following amounts not to exceed 1. Survey Plat $15,000 1132 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other d= (1) Additional Project Represtnartion, as described in Paragraph 32, and (2) services kx*Ktd in Artldr 12 as put of Additional Services, but ebrduding sec- vices of conwhants, compensation shag be computed as follows (fwmff bus of WoMP000WK ftd" g nda andtr MU19 ft of Direct Pprsawd 8rp mJbrPrimp is awd OWDyaa, Mel Undo PdAdpats and dowly em pivysm #n"bvd tdenO *edjk se T*M b rbicb parrkdor -oed** Of AA* y ) Principal $70.00 Project Arch. 17.00 X 2.5 Arch. 15.00 X 2.5 Draftsman 12.00 X 2.5 -11 .3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, irbdtding additional structural,'medrmical and electrical engineering services and those provided under Subparagraph 3.4.19 or kkndW in Article 12 as part of Additional Services, a multiple of (1 . 15 ) tunes the amounts bitted to the Architect for such setvias. fA*"Ub qagk Types of--A-ft in Article u V ►e9dnd.1 11.4 REMBURSABLE EXPENSES 11.4.1 FOR REIMBIJIMBLE EXPENSES, as descnW to P2rigraph 10.2, and any other Iten s tndtided in Article 12 as Reimbursable Expenses„ a multipk of One & 15/100 ( 15 ) times the cpmscs incurred by the Architect, the Architect's employees and consultants in the interest of the Project 11.5 ADDIi10NAL PROVISIONS 11 Al iF THE BASIC SERVICES covered by this Agreement have not been completed within ( 12 )months of the date hereof, through no fault of the Architec t aiarnsionb of the Ard*cWs services beyond that time shall be coagxnsawd as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable Fifteen ( 15 ) days ftm the date of the Architect's invoke. Amounts uV2id thirty ( 3 0 ) dap after the invoke date shy bear interest at the tate entered below, a to tux atbseace tlteemif at the begat rate prevailing hem time to time at the VbCVal place of business of the AfddU L l� rover e�6uerat � MP�•I rlsosybnvsardregatreor+ aetrw�Jertbel�derat7iytbhrLewb�gAc�sinrBarr�sastloatcnauaneraedlUfaovsa�doOx► ngulatloRrartbrOw+r+wi,asdArrt6 ( rect'sprUec�.i ptaxs o%b the /oosAWrs of tier Project anon etseabers awy of jeer �r sal�nty of this Prayslo'c J�e�c iegd adcKac sbodd dr oDfatwed rNtb rr;pas !v aklh?iorRt or rsnedfkaAb+ss, aid also rogas►dtn�g � � a tw'tttas isdanma or ar+oftsss.% AM DOCUMM 11141 •OWIM- MCWTBCT AGSM • AOURTEMN EDMON a A10 0 0198 9 8141 -1987 THE AMERWAN VbTfftrre OF'AraHrrfCM, 1735 NEW rvlta AVENUE, N.W. WASHMTOK D.C. 20006 11.5.3, T,he rtltes and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. i ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other senwes, identify Additional Semites induded ulfbin Basic Compensation and modifications to thepayment and compensatiton terms included in this Agreement.) _12.1 Basic services shall include to investigate existing conditions or facilities or to make measured drawings thereof,- as necessary to design the areas requiring remodeling.and new construction. 12.2 Basic services shall include to verify the accuracy of drawings or other information furnished by the Owner. 12.3 Basic services shat l i ncl ude to analyze owning and operating costs. 12.4 Basic services shall include to make investigations, inventories of materials or equipment, or 'valuations and detailed evaTuatt-00,5 of existing facilities. 12.5 Under Section 4.1, the building program shall be provided by Owner on both a written or oral basis, and compiled bythe Architect: 12.6 Architect recognizes and acknowledges that the Owner is a municipal corporation, and all documents are subject to applicable Florida Public Records laws. 12.7 At the conclusion of each phase, and as part of the basic services, Owner shall receive ten sets of documents. 12.8 Prior to the commencement of any work, Architect' shall furnish City with Certificates of Insurance and Bonds as follows: (a) Worker's Compensation insurance as required by Chapter 440, Florida Statutes. (b) Public Liability Insurance on a Comprehensive Basis, in the amount of $500,000 per occurrence for Bodily Injury and Property Damage combined. (c) Contractual Liability insurance, including Professional Errors and Omissions, covering all liability arising out of the terms of the Contract Documents. (d) Automobile Liability Insurance covering all owned, non - owned and hired vehicles used in connection with the work, in the amount of $500,000 per occurrence for Bodily Injury and Property Damage combined This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (. ) (Printed name and title) (Printed name and title) AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT FOURTEENTH EDITION* AiAO • ©1987 THE AMERiCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHiNGTON, D.C. 20006 8141 -1187 10 'fe.asaf+wo?+a- .....>..- -.-• -' ... -�- _a ..- 'x- • - -••- �°'9"`^- ac.^..r x .. 12.9 These Certificates shall contain a provision that coverage afforded under the policies will not be cancelled during the term of this Agreement and for a period of one (1) year thereafter. All liability insurance shall be obtained from companies licensed to do business in the State of Florida. Comparable insurance shall be provided for any employee engaged in hazardous work not covered by Worker's Compensation Insurance. 12.10 Architect shall be fully responsible to City for all acts and omissions of subconsultants Architect shall furnish City with appropriate partial releases from all subconsultants in connection with the work performed and progress payments requests together with the final releases with the request for final payment. The acceptance by Architect of final payment shall operate as a release to City from any and claims of Architect against City: 12.11 It is understood and agreed upon by and between the parties that Architect shall commence work upon receipt of the executed Contract. Architect s401 complete all design work as prescribed in this Contract within one (1) year from the bilateral execution of this agreement unless specifically agreed to by the consent of both parties, and as more specifically set forth in Schedule "A ", a copy of which is attached hereto and incorporated herein by reference. Architect shall complete all observation work one (1) year from the contractor's notice to proceed with a maximum project time of three (3) years from the bilateral execution of this Agreement. 12.12 Architect agrees that it complies with all State and Federal regulations pertaining to unlawful employment practices and in particular Section 760.10, Florida Statutes, and shall not (1) discharge or fail to or refuse to hire any individual, or other- wise discriminate against any individual with respect to - compensation, - terms, conditions, or privileges or employment because of such individual's race, color, religion, sex, national origin, age, handicap or marital status; (2) limit, segregate or classify employees or applicants for employment opportunities, or adversely affect anyindividualIs status as an employee, because of such individual's race, color, religion, sex, national origin, age, handicap or marital status. 12.13 Architect agrees to indemnify and hold the City hamrless from any `and ' all claims, suits, actions damages, or causes of action arising during the terms of this Agreement, including reasonable attorney's fees at trial or appellate levels, for any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the acts or negligence of Architect, its subcontractors (or subcontractors of subcontractors), its agents or employees as related to this Agreement. 12.14 Preparing a set of reproudcible record drawings showing significant changes in the Work made during construction based on marked up prints;drawings and other data furnished by the Contractor to the Architect. RESOLUTION NO: A RESOLUTION OF THE, CITY OF SOUTH MIAMI, FLORIDA, ISSUING THE MAYOR'S PROCLAMATION DECLARING A SPECIAL CITY ELECTION, TO BE HELD IN CONJUNCTION WITH THE REGULAR CITY ELECTION, ON TUESDAY, FEBRUARY 13, 1990, IN THE FIRE STATION AT SOUTH MIAMI CITY HALL COMPLEX, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, FOR THE PURPOSE OF A REGULAR ELECTION TO ELECT A MAYOR CITY COMMISSIONERS FROM GROUPS 'I AND II AND A SPECIAL ELECTION TO ELECT A CITY COMMISSIONER FROM GROUP III; DESIGNATING THE PLACE OF VOTING, THE TIME OF OPENING AND CLOSING OF THE POLLS, NAMING CLERK OF THE ELECTION, DEPUTY CLERK OF THE ELECTION, DEPUTY SHERIFF OF THE ELECTION AND INSPECTORS OF THE ELECTION AND OTHER PERSONNEL. WHEREAS, the City Charter and the City Code of Ordinances provide the City Commission shall designate the polling place, Clerk of Election, Deputy Clerk of Election, Deputy Sheriff of Election, Inspector of Election and other Election personnel, ballot questions to be voted upon and opening and closing times of the polls; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That there will be a Regular City Election on Tuesday, February 13, 1990, in the Fire Station at City Hall Complex, 6130 Sunset Drive, South Miami, at which time the Regular Election will be to elect Commissioners from groups I and II to serve a full four -year term as provided by law. The candidates are as follows: Commissioner: Group I Commissioner: Group II' Section 2. That the Regular Election shall also elect a Mayor for a term of two years. The candidates are: Mayor: Section 3. That the Special Election shall be held to elect a City, Commissioner from Group III to fill the unexpired two- year term of Commissioner Schwait. The candidates are: Commissioner: Group III Section 4. Personnel for the Election shall be as follows: Clerk, Gloria Stinger; Deputy Clerk, Virginia Maxwell; Deputy Sheriff, Mario Soto; Inspectors: Ritta Hogan, Florence Stroemer, George Trencher, Anna Schultzel, Eldora Myers, Sarah Bailey, Helen Nowels, Alden Thompson, Deborah Roffino, Willie Mae Robinson, Amelia Miller, Leola Williams, Shirley Harp,, Hilda Florine Zimmerman, Mary Morris. Section 5. The polling place will be open from 7:00 A. M. until 7:00 P. M. as prescribed by law. PASSED AND ADOPTED this day of 1990. APPROVED: MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Resolut \election.res r POLL WORKERS 1990 Deputy Sheriff Mario Soto Ritta Hogan 5401 S.W. 97th Avenue 5820 S.W. 86th Street 598 -1834 665- 1891 Florence Stroemer George Trencher 7336 S.W. 63rd 'Avenue 5901 S.W. 60th Street 665 -5681 665 -3380 Anna Schultzel Eldora Myers 6091 S.W. 85th Street 6645 S.W. 61st Street 665 -4288 666 -4560 Sarah Bailey Helen Nowell 6220 S.W. 59th Street 5850 S.W. 65th Avenue 666 -0267 666 -3107 Alden Thompson Deborah Roffino 6019 S.W. 69th Street 5221 S.W. 64th Court 667 -2496 666 -0545 Amelia Miller Willie Mae Robinson 6680 S.W. 54th Lane 6445 S.W. 59th Court 661 -2812 661 -5510 Leola Williams Shirley Harp 6251 S.W. 62nd Court 6625 S.W. 50th Terrace 665 -6442 667 -2943 624 -7041 Mary Morris Hilda Fl on ne Zimmerman 5987 S.W. 50th Street 10391 N. Kendall Drive 667 -4333 Miami, Florida 33176 Apt. T -8 274 -3677 Clerk Gloria Stinger Deputy Clerk 7143 S.W. 66th Avenue' Virginia Maxwell 667 -3319 6481 S.W. 73 St. 661 -4066 c `p J 4 - . _ . 5 - - "t isi" -:� .'� �.'�` -. '� v r,.. ,yam �^'� z �`�'�•."' . S Wt- ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COXXISSION OF THE CITY OF SOUTH XIAXI, FLORIDA, DESIGNATING PLACE OF POLLING, DATE AND TIME OF A SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH A REGULAR CITY ELECTION ON FEBRUARY 13, 1990. WHEREAS, the City Charter provides for the regular City election to be held during February of each even year; and WHEREAS, the City of South Miami will hold a special election in conjunction with the regular election; and WHEREAS, the I Code of Ordinances of the City provides that the City Commission shall designate the polling place, date and time of the City elections. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That there will be a special election of the City held in conjunction with the regular election of the City on Tuesday, February 13, 1990, at the Fire Station located at the City Hall Complex located at 6130 Sunset Drive, South Miami, Florida. Section 2. That the polling place for said general and special election of the City will be open from 7:00 A.M. until 7:00 P.M. as prescribed by law. PASSED AND ADOPTED this day of 1990. APPROVED MAYOR ATTEST CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Deletions 'shown by - - - - - -- Additions shown by Ordina \election.ord .y: t ORDINANCE NO. 17- 79 -1039A AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE NO. 17 -79 -1039 WHICH REGULATES CABLE TELEVISION SYSTEMS IN THE CITY BY ADDING A DEFINITION OF THE FEDERAL CABLE LAW; AMENDING THE DEFINITIONS OF CABLE TELEVISION SYSTEMS AND GROSS REVENUES; AMENDING PROVISIONS RELATING TO RATES AID LICENSE RENEWAL PROCEDURES; ADDING ANTI - DISCRIMINATION AND PRIVACY PROVISIONS; PROVIDING AN EFFECTIVE DATE: WHEREAS, the City of South Miami has adopted an Ordinance regulating Cable Television in the City; and Whereas, the City wishes to amend the Ordinance to address concerns which have arisen subsequent to the original enactment. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Subsections 2 and 7 of Section 2 styled Definitions are amended as follows Subsection 2. "Cable Television System" or " CATV System" �s- any- faoii3�� -that - -fir- who- �-- �x- -irr -- part,-- ret-stves-- d3z-ect3y,- -aR- -- erad- &mpl# # -fes- = -et Fw - modf €fe,& -%ae signals -# -aas t�3 g -gr g�a -b alsas - - oae--- aF- -mGFe- #,elegy -is#e� o.� - ra3in- _ �ta#..3.rans- arad- ri- istri.butas. - s�t�- sig�ls -. by - �•�,i,r -a - ax= -cabs -try subsrxibing- 3nesnbars of- the_px blir- .who- pay__=- such- ser_uica._ means any facility operating by means of coaxial cable, optical - fiber, or other transmission lines or forms of transmission, and associated equipment and devices, the primary function of which is to receive, through any means, including, without limitation, coaxial cable, optical fiber, or satellite or microwave transmission, and to distribute the signals of one or more broadcast television or radio stations and of other sources of video, audio, voice or data signals Said facility may also be one which distributes to, from, or among subscribers or other persons such other video, audio, voice, or data signals as araa�* orisinate ' within The City or elsewhere Said Cable Television System shall include, without limitation, "Cable System" as defined in Section 522(6) of the Cable Act ( "Cable Act ") and any System which provides any "cable service" as defined in Section 522(5) of the Cable Act, 13 1 and as said statute may be amended. The foregoing definition of "Cable Television System", as appearing in this Ordinance, shall not be deemed to circumscribe the valid authority of any governmental body, including the City, to regulate the activities of telephone or telegraph companies, or the provision of any Service over the System which is not a cable service as such term is defined in the Cable Act. Subsection 7. "Gross Revenue" -eha33 - -- -- 4ny- aM4 -a-1- r- eve -r i-,a ee, -r -ese -vad--- r- om-Z � u bsc. r- ibe ---s• ie --- the-- Ci# -- darizsQd. -- from -tba fnst$�la -tin; tiisE� ae #as- - -cherrgcs,--pet-fod-k>- serve - urges- aft6-- e- zar-geer -- Cot- -- reS4*lar --- sH�rr tbeir 4� earmee- t4-cm-- w4i- trh- -4he -- Tarr -i-&Se - - -Gf -- b r= oadoast--- sigearls- Ond- F.O"xa- G era iEa-k i o� - 6o�iss�: -c�x� - - �aada#�- = br�ad�,ast• - - �a�vie.�es - as -we3� z�a- re-v�n -- der 3�*c�- from -- progr�r�amisrg-- aapp�ie�- bn- a-- pew-- �rregreria -or- per-- wham- neI- ch&rg�-- bafis - --C- pay -T-V} : - - - = -3� - - mot --- .- eo -1+--do -ate r- e-€i s--- or-- �r�ed-i -te -- a -- ire-- subser- fb eve -ar-- ray- 4&xe(.--- imposed -o31- set- vfee&-- fef-1}J— Sbeei - -b5F-- tk4_- -QDMgaRry, means all revenue as determined in accordance with generally accepted accounting principles, which is derived, directly or indirectly, by the Grantee, its affiliates, subsidiaries, parents and any person in which the Grantee has a financial interest, from or in connection with the operation of the System including, without limitation: the distribution of any Service over the System; the provision of any Service Related Activity in connection with the operation of the System; Basic Service monthly fees; all other Service fees; installation, reconnection and similar fees; fees paid for Channels designated for commercial use; Converter rentals or sales; studio and other facility or equipment rentals; advertising revenues; and the value of any free Service or Services provided by the Company other than those authorized or required by this Ordinance or any Franchise Agreement. Gross Revenue shall also include the gross revenue of any other Person including, without limitation, any Affiliated Person, which is derived directly or indirectly from or in connection with the operation of the System to the extent that said revenue is derived, as determined from time to time by the 2 CM •, Manager, through any means which is intended to have the V effect of avoiding the payment of franchise fees that would otherwise be paid to the City for the franchise. Section 2. That Subsection 17 is hereby added to Section 2 styled definitions as follows Subsection 17. "Cable Act" means the Cable Communications Policy Act of 1984, Public Law 98 -549, 98 Stat. 2779 (October 30, 1984) , codified at 47 U.S.C. Statutes 521 et seg. and as said Act maybe amended. Section 3. That Subsection 2 of Section 14 styled "Rates charged to Subscriber" is hereby amended by ,adding subsection <d,) as follows; Subsection Ed.? The Grantee's rates and charges for the provision of any service are not established hereunder, provided however the City reserves the right to regulate rates for Cable Service to the fullest extent permitted by law. Notwithstanding anything in this Ordinance or any Franchise Agreement to the contrary, In event that the Cable Act is amended or repealed, or restrictions on the authority of the City to regulate rates are otherwise removed or lessened, or the FCC or any court permits the City to regulate such rates, the City may, at its discretion, establish procedures and standards for rates and regulate such rates to the fullest extent of its regulatory authority under Federal, State and local laws. Section 4 That Subsection 1 (e) of Section 11 styled "Construction" is hereby amended by adding the following concluding sentence: Grantee shall not deny access to any group of potential cable subscribers because of income, nor shall the Grantee deny any Service, deny access, or otherwise discriminate against Subscribers or other Persons on the basis of race, creed, colorer, religion, national origin, sex, age, handicap, marital status or veteran status. The Company shall comply at all times with all applicable federal, state and City laws, and all executive and administrative regulations, rules and orders relating to nondiscrimination. 3 b ®, &Section 5. That Subsection 1 of Section 19 styled "Renewal ;J Procedures" is hereby amended as follows: Subsection 1. A license may be renewed by the City Commission for a period of up to ten (10) years upon the written request of the Grantee without soliciting additional applications. Such a renewal request shall be filed at least six (6), but not more than eighteen (18) months prior to the expiration of the license and shall be accompanied by a non - refundable application fee of $100.00. A renewal request may propose modifications in the terms of a Grantee's license which shall be considered by the City Commission, but in any case, the 'City !Commission may, upon its own motion, modify the terms of a Grantee's license Subject to the conditions set forth in Paragraph 2. below. To the extent applicable, Section 546 of the Cable Act shall govern the procedures and standards for renewal of any franchise granted. To the extent Section 546 of the Cable Act is not applicable, the City shall have the right to grant or deny renewal pursuant to any reasonable procedures and standards in the excercise of its sole discretion. Section 6. That Subsection 1 of Section 4 styled "Term of License" is hereby amended as follows: Subsection 1. Any license granted by the City Commission shall be for a term of fifteen (15) years following the date such license is accepted by the Grantee,` and, upon application of the Grantee and review` of the performance of Grantee in a public proceeding, and otherwise in accordance with the renewal provisions of the Cable Act, and Section 19 of this Ordinance, the City Commission may renew the license for successive ten (10) year periods, with such modification of terms as the City Commission may determine in each instance, consistent with the Cable Act and its renewal provisions and Section 19 of this Ordinance Section 7. That Subsection 8 is hereby added to Section 9 styled "Service Standards Business Office Resolution of Complaints" as follows: 8. The Grantee is not required hereunder to reveal 4 11,3 perIsnrally identifiable subscriber information contrary to Section 631 of the Cable Act. Section 8. That this Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED this day of 1989. APPROVED: MAYOR -- ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Additions shown by Deletions shown by --- - - - - -- ordina \catvamd. 5 13 A