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11-07-06AYOR• Horace G. Feliu :CE MAYOR Randy G. Wiscombe 3MMISSIONER Velma Palmer 3MMISSIONER Marie Birts South Miami 1 F I CITY MANAGER: Yonne S. McKinley CITY ATTORNEY: Luis Figueredo CITY CLERK: Maria M. Menendez' X' Jar yc.r,...�.. CITY COMMISSION AGENDA City Commission Meeting Meeting date: November 7, 2006 Next Regular Meeting date: November 28, 2006 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all - legislative, quasi- judicial and administrative action. It does not apply to not - for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 p.m. 1) South Miami Town Center" Report: `Identification & Initiatives' by John Edward Smith 2) Red Sunset Merchants by Alex Abril 3) American Cancer Society "Relay for Life" by Shivani Joshi, Community Representative. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes a) Minutes of September 25, 2006 b) Minutes of October 3, 2006 REGULAR CITY COMMISSION 1 AGENDA - NOVEMBER 7, 2006 2. City Manager's Report a) Status Report on City Inspection Station Site 3. City Attorney's Report PUBLIC REMARKS CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING DAVID MORTON TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING DAVID MORTON TO SERVE ON THE PLANNING BD FOR A TERM OF TWO YEARS, ENDING 11106108) (Mayor Feliu) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING BRENDA YATES TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING BRENDA YATES TO SERVE ON THE PLANNING BD FOR A TERM OF TWO YEARS, ENDING 11106108) (Mayor Feliu) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING HENRY FARFAN TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RE- APPOINTING HENRY FARFAN TO SERVE ON THE PLANNING BD FOR A TERM OF TWO YEARS, ENDING 11106108) (Mayor Feliu) 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING NANCY W. YOUNG TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING NANCY W. YOUNG TO SERVE ON THE PLANNING BD FOR A TERM OF TWO YEARS, ENDING 11106108) (Mayor Feliu) 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING HENRYKA MANES TO SERVE ON THE REGULAR CITY COMMISSION 2 AGENDA - NOVEMBER 7, 2006 COMMUNITY RELATIONS BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING HENRYKA MANES TO SERVE ON THE CRB FOR A TERM OF TWO YEARS, ENDING 11106108) (Mayor Feliu) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING WALTER HARRIS TO THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) ADVISORY BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION APPOINTING WALTER HARRIS TO THE SMCRA ADVISORY BD FOR A TERM OF TWO YEARS, ENDING 11106108) (Mayor Feliu) 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; RESCHEDULING THE NOVEMBER 21, 2006 CITY COMMISSION MEETING TO NOVEMBER 28, 2006; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RESCHEDULING THE 11121106 CC MEETING TO 11128106) (Mayor Feliu) 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $30,752.24; CHARGING $30,752.24 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5 (A RESOLUTION APPROVING ATTORNEYS' FEES FOR NGF IN THE AMT OF $30,752.24; CHARGING THE LEGAL SERVICES NON- RETAINER ACCT W /CURRENT BAL$122,350.68) (City Attorney) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE FIVE (5) LAPTOP COMPUTERS FROM DELL, AS APPROVED IN THE FISCAL YEAR 2006/07 BUDGET; IN AN AMOUNT OF $10,332.10 TO BE CHARGED TO ACCOUNT NUMBER 001 -1100- 511 -6430, PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO THE PURCHASE OF (5) LAPTOP COMPUTERS FROM DELL AS APPROVED IN THE FY 06107 BUDGET IN AN AMT OF $10,332.10 CHARGING THE "EQUIPMENT OPERATING" ACCT W /CURRENT BAL$10,500) (City Manager) 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A STEP UTILITY VAN, A 26 -CUBIC YARD TRASH TRUCK AND A FORD F250 PICKUP TRUCK FOR REGULAR CITY COMMISSION 3 AGENDA - NOVEMBER 7, 2006 $150,112.00 AND ACCEPTING THE INTEREST RATE OF 4.51% FOR THE FINANCING OF THE PUBLIC WORKS DEPARTMENT'S VEHICLES THROUGH BANK OF AMERICA WITH THE FIRST YEAR'S INSTALLMENT PAYMENT OF FIVE PAYMENTS NOT TO EXCEED $32,727.76, TO BE CHARGED TO ACCOUNT NUMBERS 001 -1710- 519- 4455 AND 001 - 1720 - 534 -4455; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A STEP UTILITY VAN; A 26 -CUBIC YARD TRASH TRUCK; AND A FORD F250 PICKUP TRUCK FOR $150,112 AND ACCEPTING THE INTEREST RATE OF 4.510 FOR THE FINANCING OF THE PUBLIC WORKS DEPT'S VEHICLES THRU BANK OF AMERICA WITH THE FIRST YEAR'S INSTALLMENT PAYMENT OF (5) PAYMENTS NOT TO EXCEED $32,727.76, TO BE CHARGED TO THE PW's DEPT ACCT W /CURRENT BAL$9,585 & $214,792 RESPECTIVELY) (City Manager) 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE PURCHASE OF 2 KAWASAKI 52 -INCH HYDRO RIDER LAWNMOWER FROM ACE LAWNMOWER IN AN AMOUNT OF $6,674.25 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBERS 001 -1730- 541- 6430 AND 001 - 1750 -541 -6430; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PO FOR THE PURCHASE OF 2 KAWASAKI 52" HYDRO RIDER LAWNMOWER FROM ACE LAWNMOWER IN AN AMT OF $6,674.25 TO BE CHARGED TO THE PW DEPT ACCT W /CURRENT BAL$7,730 & %6, 674.25 RESPECTIVELY) (City Manager) 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE AN OPEN PURCHASE ORDER IN THE SUM UP TO $17,500.00 TO MIAMI -DADE COUNTY'S INFORMATION TECHNOLOGY DEPARTMENT FOR THE MAINTENANCE AND REPAIR OF THE POLICE DEPARTMENT MOBILE AND PORTABLE RADIOS AND THE REPROGRAMMING OF POLICE RADIOS FOR A DEDICATED FREQUENCY AND NOT TO EXCEED $17,500.00 CHARGING THE FUNDS TO ACCOUNT NUMBER 1910- 521 -4630, (MAINTENANCE AND REPAIR OF COMMUNICATION EQUIPMENT); PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE AN OPEN PO IN THE SUM UP TO $17,500.00 TO MIAMI -DADE COUNTY'S INFO TECHNOLOGY DEPT FOR THE MAINTENANCE /REPAIR OF THE PD MOBILE /PORTABLE RADIOS AND THE REPROGRAMMING OF POLICE RADIOS FOR AN AMT NOT TO EXCEED $17,500.00; CHARGING THE MAINTENANCE /REPAIR OF COMMUNICATION EQUIP ACCT W /CURRENT BAL$42,704) (City Manager) 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION 23- 06- 12164, WHICH RESOLUTION AUTHORIZED THE CITY MANAGER REGULAR CITY COMMISSION 4 AGENDA - NOVEMBER 7, 2006 TO PURCHASE ONE 2006 FORD CREW CAB TRUCK AND ONE 2006 24- PASSENGER CHAMPION BUS AT A TOTAL COST OF $113,260.57 WITH THE FIRST OF FIVE YEAR'S INSTALLMENT PAYMENTS NOT TO EXCEED $22,652.11; PROVIDING FOR A SUBSTITUTION OF VEHICLES DUE TO LACK OF AVAILABILITY OF PRIOR SELECTED VEHICLES; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION AMENDING RESOLUTION 23 -06- 12164, PROVIDING FOR A SUBSTITUTION OF VEHICLES DUE TO LACK OF AVAILABILITY OF PRIOR SELECTED VEHICLES) 3/5 (City Manager) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIX FORD CROWN VICTORIA POLICE PURSUIT VEHICLES AS APROVED IN THE 2006 -2007 BUDGET FOR THE TOTAL AMOUNT NOT TO EXCEED $157,303.07 AND ACCEPTING THE INTEREST RATE OF 4.51% FOR THE FINANCING OF THE VEHICLES THROUGH BANK OF AMERCIA WITH THE FIRST YEAR'S INSTALLMENT OF FIVE (5) ANNUAL PAYMENTS OF $31,460.60 TO BE CHARGED TO ACCOUNT NUMBER 1910 -521- 4450 (PURCHASE /LEASE - POLICE VEHICLES) PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE (6) FORD CROWN VICTORIA POLICE PURSUIT VEHICLES AS APROVED IN THE 06 -07 BUDGET FOR THE TOTAL AMT NOT TO EXCEED $157,303.07 AND ACCEPTING THE INTEREST RATE OF 4.51% THROUGH BANK OF AMERCIA WITH THE 12t YR'S INSTALLMENT OF (5) ANNUAL PAYMENTS OF $31,460.6; CHARGING THE PW'S DEPT ACCT W /CURRENT BAL$43,503.68) (City Manager) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER FOR SUPERIOR LANDSCAPING & LAWN SERVICE, INC. FOR LANDSCAPING MAINTENANCE SERVICES IN AN AMOUNT OF $68,241.00 TO BE CHARGED TO ACCOUNT NUMBER 001 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER FOR SUPERIOR LANDSCAPING & LAWN SERVICE FOR LANDSCAPING MAINTENANCE SERVICES IN AN AMT OF $68,241.00; CHARGING THE PW'S DEPT ACCT W /CURRENT BAL$73,641) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 19. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN ARTICLES 16 -14 BASIC BENEFIT AND ARTICLE 16 -19 CONTRIBUTIONS, PROVIDING FOR COMPLIANCE REGULAR CITY COMMISSION 5 AGENDA - NOVEMBER 7, 2006 WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) 21. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Deferred 10117106) (City Manager) 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Deferred 10117106) (City Manager) REGULAR CITY COMMISSION 6 AGENDA - NOVEMBER 7, 2006 23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2 -26.10 RELATING TO THE PARKING COMMITTEE; PROVIDING FOR THE CONVERSION OF THE PARKING COMMITTEE INTO A PARKING BOARD; PROVIDING FOR APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) RESOLUTION (S) /PUBLIC HEARING (S) (NONE) RESOLUTION (S) 24. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPLICATION NO.6 OF THE MIAMI -DADE COMPREHENSIVE DEVELOPMENT MASTER PLAN 2006 AMENDMENT CYCLE BY REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO DENY THE ABOVE THE STATED APPLICATION BASED UPON ITS INCOMPATIBLITY WITH ABUTTING THE SINGLE FAMILY RESIDENTIAL COMMUNITY WHICH INCLUDES RESIDENTIAL HOMES WITHIN THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION RELATING TO APPLICATION #6 OF THE MIAMI -DADE COMPREHENSIVE DEVELOP MASTER PLAN BY REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO DENY THE ABOVE THE STATED APPLICATION BASED UPON ITS INCOMPATIBLITY WITH ABUTTING THE SINGLE FAMILY RESIDENTIAL COMMUNITY) (City Manager) ORDINANCE (S) FIRST READING PUBLIC HEARING S) (NONE) ORDINANCE (S) FIRST READING 25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; REGULAR CITY COMMISSION 7 AGENDA - NOVEMBER 7, 2006 PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Deferred 10117106) (City Manager) 26. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE;" AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 27. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) 28. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO AMEND SECTION 20- 5.19(E) ENTITLED "CERTIFICATES OF APPROPRIATENESS "IN ORDER TO MODIFY THE PROCESS SET FORTH FOR GRANTING AN HISTORIC CERTIFICATE OF APPROPRIATENESS BY ESTABLISHING A PROCEDURE FOR APPEALING DECISIONS OF THE HISTORIC PRESERVATION BOARD TO THE CITY COMMISSION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (K) (2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE CO1►USSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS REGULAR CITY COMMISSION 8 AGENDA - NOVEMBER 7, 2006 PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF TEE COBIMISSION. " COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. REGULAR CITY COMMISSION 9 AGENDA - NOVEMBER 7, 2006 South Miami 1 1 CITY OF SOUTH MIAMI , OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City, Commission Via: Yvonne S. McKinley, City Manager- From: Julie L. Dalzell Grants Administrator Date: November 7, 2006 Agenda Item No: ( EMERGENCY ) Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER AND ASSISTANT CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $23,000 WITH THE MIAMI -DADE DEPARTMENT OF HUMAN SERVICES FOR THE PROVISION OF WEEKEND MEALS FOR THE ELDERLY RESIDENTS OF THE SOUTH MIAMI SENIOR CENTER: PROVIDING AN EFFECTIVE DATE. Request: Authorization for the City Manager and Assistant City Manger to execute an Agreement with Miami -Dade Department of Human Services for the provision of limited weekend meal service to needy seniors through the South -Miami Senior Center. The contract requires the named designation of two officials to execute the contract. Reason/Need: Seniors have access to hot meals on weekdays at the South Miami Senior Center. As the center is not open for the provision of meals on the weekends, this award allows for limited provision of hot meals on the weekends to needy seniors. The City of South Miami was previously awarded $23,000 in the 2005 -2006 funding- cycle. Cost: The full $23,000 award is used to provide weekend meal service to the seniors. There is no match requirement and no commitment of City funds. Funding Source: $23,000 from DHS Grant Backup Documentation: • Proposed Resolution • Award Contract 1 2 3 4 5 6 7 8 40 41 42 43 44 45 46 47 48 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER AND ASSISTANT CITY MANAGER TO EXECUTE A GRANT AGREEMENT OF $23,000 WITH THE MIAMI -DADE DEPARTMENT OF. HUMAN SERVICES FOR THE PROVISION OF WEEKEND MEALS FOR THE ELDERLY RESIDENTS OF THE SOUTH MIAMI SENIOR CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to accept FY 2006 -07 social services funding from the Miami -Dade Board of County Commissioners in the amount of $23,060 for the Elderly Meals Weekend Program at the South Miami Senior Center; and WHEREAS, the grant award will provide partial funds to provide weekend meals to the elderly residents of the South Miami Senior Center; and WHEREAS, the City was formally notified of the grant award on November 3`d, 2006, and was provided with contract agreement documents to be executed no later than November 20; 2006; WHEREAS, the Mayor and City Commission authorize the City Manager, Yvonne Soler- McKinley and Assistant City Manager, W. Ajibola Balogun to execute the grant contract agreement for the FY 2006 -2007 social services funding through the Miami -Dade County Department of Human Services. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City wishes to accept a grant from the. FY 2006 -2007 Miami -Dade County Department of Human Services social services funding in the amount of $23,000. Section 2: That the Mayor and City Commission authorize the City.Manager and Assistant City Manager to execute the FY 2006 -2007 grant agreement with Miami -Dade Department of Human Services. Section 3: This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2006. APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Bixts: Commissioner Beckman: SA0607 -80 MIAMI -DARE DEPARTMENT OF HUMAN SERVICES SOCIAL SERVICES CONTRACT This Contract, made this day of , 200, by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County ") through its Department of Human Services (hereinafter referred to as "Department"), located at 2525 NW 62°d Street 4r 1Vliiami. Florida 33147 and City of South Miami (Senior e er having offices at 6130 Sunset Drive South Miam*f lorida 33143 (hereinafter referred to as " Provider ") states conditions and covenants for the rendering of social and/or crime prevention services (hereinafter referred to as "Services ") for the County. WHEREAS, the Home Rule Charter authorizes the County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the County Manager, and WHEREAS, the Provider provides or will develop services of value to the County and has demonstrated an ability to provide these services; and WHEREAS, the County is desirous of assisting the Provider in providing those services and the Provider is desirous of providing such services; and WHEREAS, the County has appropriated funds through Ordinance 06-130 and Ordinance 06 -131 to the Provider for the proposed services; WHEREAS, the County has appropriated funds to the Provider for the proposed services, NOW, T MORE, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows. L AMUUNT $AYA1$LE. Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $_23,,00 Both parties agree that should available County funding be reduced, the amount payable under this Contract may be proportionately reduced at the option of the County. II. §COPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. The Provider will implement the Scope of Services as described in Attachment A in a manner deemed satisfactory to the County. Any modification or amendment to the Scope of Services shall not be effective until approved by the Department in writing. III. Mm SUMIIIARY. The Provider agrees that all expenditures or cons shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. I of I6 CB The provider may shift, funds between line items not to exceed fifteen percent (15 %) of the total budget by submission of a Budget Modification Request to the Department for approval. Variances greater than fifteen percent (15°1x) in any line item shall require prior approval and a budget modification approved by the President or Vice President of the provider as well as the Department. The Budget Modification shall replace Attachment B. In no event shall the budget include a line item for indirect costs in excess of fifteen percent (150 /x) of the total budget. If the budget includes a line item for indirect costs of less than fifteen percent (15 %), then the Provider must support such expenditure with proper documentation. The Provider may amend the budget no more than twice during the term of this Contract. A final budget revision must be submitted 45 days prior to the expiration of the Contract. IV. EFFECTIVE TERM. The effective term of this Contract shall be from October 1, 2006 or when executed by both parties, whichever is later, to September 30, 2007. V. MEhRffiUCATTQN,BY PRQVIDER A. Government . Government entity shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Contract by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Stat., subject to the provisions of the Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the government entity. B. All Qther Providers. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including - attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. 2 of 16 CB C. Term of ,Indemnification. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. VL INSURANCE. A Government Entity. If the Provider is the State of Florida or agency or political subdivision of the State as defined in Section 768.28, Florida Statutes, the Provider shall funish to the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statues. B. All Other Providers. The Provider shall furnish to Miami- -Dade County, Department of Human Services, 2525 N.W. 62°1 Street, 4 t Floor, Miami, Florida 33147, Certificate(s) of Insurance or written verification. as determined by the County's Risk Management Division after review of the Scope of Services (Attachment A). The County shall not disburse any funds until it is provided with the necessary Certificate(s) or written verification (binders) and such documents have been approved by Risk Management. The Certificate (s) shall indicate that insurance coverage has been obtained which meets the requirements as outlined below: Worker's Compensation Insurance for all employees of the Provider as required by Florida Statute 440. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. . Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Professional Liability Insurance, when applicable, in the name of the Provider in an amount not less than $250,000. Insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by AM. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to do Business in Florida," issued by the State of Florida Department of Insurance and must be members of the Florida Guaranty Fund. 3 oft6 CB Certificates of Insurance shall indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. VII. PROOF OF PCENSIJMCE ICADON AND BA.CKGROJ= SCREENING. A. Licenm. If the Provider is required by the State of Florida or Miami -Dade County to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall furnish a copy of all required current licenses or certificates. Examples of services or operations requiring such rcensure or certification include but are not limited to childcare, day care, nursing homes, boarding homes. If the Provider fails to furnish the County with the licenses or certificates required under this Section, the County shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the licenses or certificates within sixty (60) days of execution of this Contract may result in termination of this Contract. B. Background Screening. The County requires that only employees and subcontracted personnel with a satisfactory background check as described in Section 39.001 (2), Florida. Statutes and through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement, Federal Bureau of Investigation) work with direct contact with juveniles: Pursuant to 985.01 2(a) Florida Statutes, "each contract entered into... for services delivered on an appointment or intermittent basis by a provider that does not have regular custodial responsibility for children... must ensure that the owners, operators, and all personnel who have direct contact with children are of good moral character..." In order to ensure this condition "(b) The Department of Juvenile Justice... shall require employment screening pursuant to chapter 435, using the level 2 standards set forth in that chapter for personnel in programs for children or youths." Pursuant to the above passages from Florida Statutes, it is required that all provider agency personnel working directly with children must have a completed Level 1 Screening response from the Florida Department of Law Enforcement that indicates that there has been no prior involvement in any of the disallowed conditions, before beginning work with client youths. Level 1 Screenings can be accomplished electronically on line with the Florida Department of Law Enforcement: www.fdle .state ;fl.us /CriminalHistory /. In addition, recognizing that Level 2 Screening can take several weeks, Level 2 Screening must be initiated prior to beginning work directly with clients. Any employee receiving positive responselresponses to any of the enumerated charges as defined in Level i and Level 2 background checks must immediately cease working with children or youths. All employee personnel files shall reflect the initiation and completion of the required background screening checks. From the date of execution of this contract, Provider shall furnish the County with proof that background screening Level l was completed. If the Provider fails to furnish to the County proof that background screening Level I was completed and Level 2 was initiated prior to working directly with client youths, the County shall not disburse any further funds and this Contract may be subject to termination at the discretion of the County. 4 pf 16 CB The County requires that -only employees and subcontracted employees with a satisfactory background check as described in Section 435.03(3)(a), and through an appropriate screening agency (i.e. Florida Department of Law Enforcement, Federal Bureau of Investigation) work in direct contact with the elderly, disabled and persons with mental illness, in settings such as but not limited to adult day care center, assisted living facilities, home equipment screening nursing homes, home health agencies (facilities for developmentally disabled, and mental health treatment facilities. Within 30 days of execution of this contract, Provider shall furnish the County with proof that background screening was initiated/completed. If the Provider fails to furnish to the County proof that background screening was initiated within 30 days of execution of this contract, the County shall not disburse any further funds and this Contract may be subject to termination at the discretion of the County. VIII. CONFLICT OF INTREST. The Provider agrees to abide by and be governed by Dade County Ordinance No. 72 -82 (Conflict of interest Ordinance codified at Section 2-11.1 et al. of the Code of Nfiami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. IX. C1VIL 1tiGH'I`S. The Provider agrees to abide by Chapter 11 A of the Code of Miami - Dade County ( "County Code "), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and public accommodations because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. § 1612, and the Fair Housing Act, 42 U.S.C. § 3601 et seq. If the Provider or any owner, subsidiary, , or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such Contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § 11A 60 et. seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. 50f]6 ft6 CB X. NOTICES. It is understood and agreed between the parties that written notice addressed to the Department and mailed or delivered to the address appearing on page one (1) of the Contract and written notice addressed to the Provider and mailed or delivered to the address appearing on page one (1) of this Contract shall constitute sufficient notice to either party. XI AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County_ Furthermore, the Provider's agents and employees are not agents or employees of the County. XIL BEACH OF C4NTRACTs COUNTY REMEDIES. A Breac h. A breach by the Provider shall have occurred under this Contract if: (1) the Provider fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term, of this Contract; (2) the Provider ineffectively or improperly uses the County funds allocated under this Contract; (3) the Provider does not furnish the Certificates of Insurance required by this Contract or as determined by the County's Risk Management Division; (4) the Provider does not furnish proof of licensure%ertification or proof of background screening required by this Contract; (5) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support disbursement requests or advance funding disbursements or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (6) the Provider does not submit or submits incomplete or incorrect required reports, (7) the Provider refuses to allow the County access io records or refuses to allow the County to monitor, evaluate and review the Provider's program; (8) the Provider discriminates under any of the laws outlined in Section IX of this Contract; (9) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law, (10) the Provider falsifies or violates the provisions of the Drug. Free Workplace Affidavit (Attachment C); (11) the Provider attempts to meet its obligations under this contract through fraud, misrepresentation or material misstatement, (12) the Provider fails to correct deficiencies found during a monitoring, evaluatibn or review within the specified time; (13) the Provider fails to meet the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to the County or any of its agencies or instrumentalities; (14) the Provider fails to submit the Certificate of Corporate Status, Board ofDirectors requirement or proof of tax status; (15) fails to meet any of the terms and conditions of the Dade County Affidavits (Attachment C) or the State Affidavit (Attachment D) or (16) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. D. County Remedies_ If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. 6of16 CB In the event of termination, -the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; or (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof at least five (5) days before the effective date of suspension. On the effective date of suspension the Provider must immediately cease to provide services pursuant to this Contract. All payments to Provider as of this date shall cease. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing an action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. K for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or. entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the county through fraud, misrepresentation or material misstatement may be disbarred from county contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Manager is authorized to terminate this Contract on behalf of the County. D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. 7of16 CB XRL TERMINATION BY EITHER Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. The County Manager is authorized to terminate this Contract on the behalf of the County. XIV. PAYMENT PROCEDURES. The County agrees to pay the Provider for services rendered under this Agreement based on the payment schedule, the line item budget, or both, which are incorporated herein and attached hereto as Attachment B. Payment shall be made in accordance with procedures outlined below in the Department's General Procedures Manual and if applicable, the Sherman S. Winn Prompt Payment Ordinance (Ordinance 9440). A. Reimbursement and Advances. The parties agree that this is a cost -basis Agreement and that the Provider shall be paid through reimbursement payment based on the budget approved under this Agreement (See Attachment B) and when documentation of service delivery is provided. An advance up to the total amount payable under this Agreement may be paid to the Provider in one lump sum payment. An advance of up to twenty -five percent (25 %) of the total amount payable under this Agreement may be paid to the Provider if approved in writing by the Department. An advance of more than twenty -five percent (25 %) may be paid to the Provider if approved in writing by the County Manager. The Provider's request for advance payment must be submitted in writing and must specify the reasons and justifications for such advance payment. It need not be accompanied by a detailed expenditure report. The County shall have the sole discretion in choosing whether or not to provide any advance payments and is not obligated to do so under any circumstances. A Provider shall limit its request for an advance to once during the term of this Agreement. If a Provider needs an additional advance for good cause shown it shall request it in writing from the County Manager. B. No Payment of Subcontractor. In no event shall County funds be advanced directly to any subcontractor hereunder. C. R quests for Payment. The County agrees to pay all budgeted costs incurred by the Provider which are allowable under the County guidelines. In order to receive payment for allowable costs, the Provider shall submit a Monthly Summary of Expenditures Report and a Monthly Performance Report on forms provided by the Department. The Department must receive the Monthly Summary of Expenditures Report and the Monthly Performance Report no later than the IS* day of the month following the month for in which services were provided. The Monthly Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the month services were rendered and documented in the Monthly Performance Report. Upon submission of satisfactory required monthly reports, the Department shall make payment. The County will not approve payments for in -kind or volunteer services provided by the Provider on behalf of the project. The Department shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditure, When original documents cannot be produced, the Provider must adequately justify their absence in writing and furnish copies as proof of the expenditures. 8of16 CB D. Processing the Request for Payment. After the Department reviews and approves the payment request, the Department will submit a check request to the County's Finance Department. The County's Finance Department will issue and mail the check directly to the Provider at the address listed on page one (1) of this Agreement, unless otherwise directed by the Provider in writing. The parties agree that the processing of a payment request from date of submission shall take a minimum of thirty (30) days from receipt, if support documentation/invoices are properly documented. It is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County. Failure to submit monthly reimbursement requests in a manner deemed correct and acceptable by the County, by the 15 h day of each month following the month in which the service was delivered, shall be considered a breach of this agreement and may result in termination of this Agreement. E. Final Request for Payment. A final request for payment from the Provider will be accepted by the Department up to forty-five (45) days after the expiration of this Agreement. Mthe Provider fails to comply, all rights to payment shall be forfeited. The request for the final payment may include accruals of the personnel costs listed in Attachment B which the Provider is obligated to pay after the close of the period for services provided within the term of the Agreement. F. Closeout ReportlRMture of Funds. Upon the expiration of this Contract, the Provider shall submit a Closeout Report to the Department no more than forty -five (45) days after the expiration of this Contract. This report shall include a cumulative year -end summary of Provider's performance and fiscal expenditures. If after receipt of this Closeout Report, the Department determines that the Provider has been paid funds not in accordance with the Contract, and to which it is not entitled, the Provider shall return such _ funds to the County or submit appropriate documentation. The County shall have the sole discretion in determining if the Provider is entitled to such funds and the County's decision on this matter shall be binding. Additionally, any unexpended or unallocated funds shall be recaptured by the !County. G. DHS Contract Management Manual. All requests for payment will be processed pursuant to the Department's General Procedures Manual. The Department will provide a copy of this Manual to Provider. XV. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The Provider shall not utilise County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Religious PuQoses. County funds shall not be used for religious purposes. C. Commingling< fund s. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. 9ofJ6 CB XVL RECORDS. REPORTS, AUDITS. MQNffORING AND REVIEW. A. Certificate of Corporate Status. The provider must submit to the Department, within thirty (30) days from the date of execution of this Contract, a certificate of status in the name of the provider, which certifies the following: that the provider is organized under the laws of the State of Florida; that all fees and penalties have been paid; that the providers most recent annual report has been filed; that its status is active; and that the provider has not filed an Article of Dissolution. B. Board of Director Rgquirements. The Provider shall insure that the Board of Directors is apprised of the fiscal, administrative and contractual obligations of the project funded through the County by passage of a formal resolution authorizing execution of the Contract with the County. Failure to provide a copy of the resolution within 15 days of execution of this contract may result in termination of this Contract. C. Proof gf Tax Status. The Provider is required to submit to the County the following documentation: (a) The I.R.S. tax exempt status determination letter, (b) the most recent I.R.S. form 990; (c) the annual submission of I.R.S. form 990 within (6) months after the Provider's fiscal year end; (d) IRS 941 - Quarterly Federal Tax Return Reports within thirty -five (35) days after the quarter ends and if the 941 reflects a tax liability, proof of payment must be submitted within sixty (60) days after the quarter ends. D. Accounting_Records. The Provider shall keep accounting records which conform with generally accepted accounting principles. All such records will be retained by the Provider for not less than five (5) years beyond the term of this Contract. E. Financial Audit. If the Provider has or is required to have an annual certified public accountant's opinion and related financial statements, the Provider agrees to provide these documents to the Department no later than one hundred eighty (180) calendar days following the end of the Provider's fiscal year, for each year during which this Contract remains in force or until all funds earned from this Contract have been so audited, whichever is later. F. Access to Records: Audit. The County reserves the right to require the Provider to submit to an audit by an auditor of the County's choosing. The Provider shall provide access to all of its records which relate to this Contract at its place of business during regular business hours, The Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by the County to insure compliance with applicable accounting and financial standards. The Provider agrees to maintain supporting documentation for all services provided under this Contract and shall submit such supporting documentation to the County upon request. G. Office of Miami -•Dade County Inspector General. Miami -Dade County has established the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally V4 of 1% of the total contract amount. 1©of16 CB The Miami Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or Independent Private Sector Inspector General ( IPSIG) retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy ail documents and records in the Provider's possession, custody or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. H. Independent Private Sector Inspec or General Reviews. Pursuant to Miami -Dade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the services of an independent. Private Sector Inspector General ("IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Contract for inspection and copying. The County shall be responsible for the payment of these ] PSIG services, and under no circumstance shall the Provider's budget and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. 11 of 16 I The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. I. Progress Reports. The Provider shall furnish the Department with written monthly progress reports (Attachment F) on the achievement of its goals as outlined in its Scope of Services. The reports shall explain the Providers progress for that month. The data should be quantified when appropriate. Said reports are due by the 15* day of the month following the end of each month. The final progress report shall be due forty -five (45) days after the expiration or termination of this Agreement. J. M_ onitorinia: Management Evaluation and Performance review. This section shall pertain only to Providers whose funding allocation under this Contract is more than $10,000 or whose funding allocation becomes more than $10,000 during the term of this Contract. The Provider agrees to permit County personnel to perform random scheduled monitoring, reviews and evaluations of the program which is the subject of this Contract. The Department shall monitor both fiscal and programmatic compliance with all the terms and conditions of the Contract. The Provider shall permit the Department to conduct site visits, client assessment surveys; and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the Department's findings will be delivered to the Provider and the Provider will rectify all deficiencies cited within the period of time specified in the report. If such deficiencies are not corrected within the specified time, the County may suspend payments or terminate this Contract, The Department shall conduct one or more formal management evaluation and performance reviews of the Provider. Continuation of this Contract or future funding is dependent upon satisfactory evaluation conclusions. The Provider agrees that all monitoring reports completed by the Department shall be made available to the Alliance for Human Services and its members/partners. K. Client Records. The Provider shall maintain a separate individual case file for each client/family served. This case file shall include all pertinent information regarding case activity. At a minimum, the case file will contain referral and intake information, treatment plans, and case notes documenting the dates services were provided and the kind of service provided. These files shall be subject to the audit and inspection requirements under Article XVI Section F, G, H and J of this Contract. L Health Insurance Portability and Accountability Act. Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of individually identifiable health information (M—R) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act MRAA) of 1996 and the Miami Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards, that include but are not limited to: IZ ©f l6 CB 1. Use of information only for performing services required by the contract or as required by law; 2. Use of appropriate safeguards to prevent non-permitted disclosures; 3. Reporting to Miami -Dade County of any non-permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that EM P/PHI will be held confidential; 5. Making Protected health Information (PHI) available to the customer; 6. Making PHf available to the customer for review and amendment; and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PI If available to Miami -Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. M. Disaster Plan/ContiM9V of Operations Plan (_;.,COOP). The Provider shall submit to the Department an Agency Disaster Plan/COOP by April I' of each contract year. If the Provider does not have a COOP Plan currently with the Department (submitted within the past year) it must . submit a COOP Plan within 30 days of execution of this Contract. The Plan should be updated annually. At a minimum, the Plan should describe how the Provider establishes and maintains an effective response to emergencies and disasters, and must comply with any Emergency Management related Florida Statutes applicable to the Provider. The Disaster Plan is subject to review and approval of the County. XVII. MM ASSIGN11riEi�iTS. A. Subcontracts. The parties agree that no assignment or subcontract will be made or let in connection with this Contract without the prior written approval of the Department; which shall not be unreasonably withheld, and that ail subcontractors or assignees shall be governed by the terms and conditions of this Contract. B. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Service (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers ,on the form attached as Attachment E. Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. XVI L MIS EIzLA,,, �1EOUS. A. Out of Town Travel. Costs for out -of -town travel are allowable, if they are useful for the administering of program activities. All travel must be approved through DHS Contract Management Division two weeks prior to date travel is to be taken and pursuant to the provisions outlined in the Contract Management Manual. 13 of 16 CB B. PM Cash. Community Based Organizations who establish a petty cash fund must maintain detailed support documentation in accordance with the provisions outlined in the Contract Management Manual. C. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by the acceptance of these funds, the Provider agrees that events funded by this Contract shall recognize the County as a funding source. The Provider shall ensure that all publicity, public relations, advertisements and signs recognizes the County for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible. The Provider shall ensure that all media representatives, when inquiring about the activities funded by this contract, are informed that the County is its funding source. D. Contract Guidelines. This Contract is made in the State of Florida and shall. be governed according to the laws of the State of Florida. Proper venue for this. Contract shall be Miami -Dade County, Florida. E. Modifications and Change Orders. Any alterations, variations, modifications, extensions or waivers of provisions of this Contract including but not limited to amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that modification of the Scope of Services schedule of payments, billing and cash payment procedures, set forth herein and other such revisions may be negotiated as a written amendment to this Contract between the parties. The County Manager is authorized to make modifications to this Contract as described herein on behalf of the County. The Office of the Inspector General shall have the power to analyze the need for, and the reasonableness of proposed change orders. F. Counterparts. This Contract is signed in five S counterparts, and each counterpart shall constitute an original of this Contract. G. Headings, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. 14 of 16 CB H. Totality of Coatract/Severability of Provisions. This sixteen (16) page Contract with it recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget Attachment C: Payment Request Attachment D: Miami -Dade County Affidavits Attachment DI: Code of Business Ethics Attachment D2: Miami Dade County Debarment Disclosure Affidavit Attachment E: State Public Entities Crime Affidavit Attachment F: Progress Report Attachment G: List of Subcontractors and Suppliers Attachment H: Living Wage Requirement No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. H any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 15 of l6 CB SA0607 -80 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their respective and duly authorized officers as of the day and year first above written. (SEAL) ATTEST: AGENCY By: By: (Signature of Authorized Representative) Type or Print Name Witnesses: By: Signature Type or Print Name .ATTEST': HARVEY RUVIN, CLERK L-Im DEPUTY CLERK (Signature of Authorized Representative). Type or Print Name By: Signature Type or Prim Name MIAMI -DARE COUNTY, FLORIDA c 16 of 16 GEORGE M. BURGESS COUNTY MANAGER CB MIAMI. -DADS COUNTY AGREEMENT PROGRAM NARRATIVE SECTION I: GENE1tAI, Name of Organization: Address: Phone Number: Fax Number: Contact Person: Agreement Amount: Agreement Period: SECTIQN II: NARRATIVE Describe the organization's goal: Describe what is proposed for funding: Pare r of ATTACHMENT A Describe how those services meet County government mandates: aECTION III: PROFILE OF SEB310ES Workload measures (detail type of service and number of clients to be served in each category of service): Unit Cost (Detail unit cost for service): Pare 2 of 4 SECTION IV: STATEMENT OF OBJECTIVES (objectives must be measurable, and specific. Please quantify and note timeframe for completion of each objective). SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization plans to raise additional funds or in -kind contributions: Describe how your organization will do outreach and public awareness: Pa-se 3 of SECTION VI: PERSONNEL Submit an organizational chart and identify any positions that are funded in total or in part (state percentages) by Miami -Dade County. Submit job descriptions for each position totally or partially to be funded by Miami -Dade County. I understand that while this information represents a performance projection, I must receive approval from Miami-Dade County prior to any operational or performance variations. Signature and Title of Person Completing Form Print Name Print Title Pare 4 of Telephone Number A- v 3 a 3 W mn GI rip d m I O A 3 W C d O m rt d 3 W m rt u+l n 0 d A �C m 3 n !P N .Q a a/ N 3 ao c+ N O 3� c a mA i� t n 3 rn z rn 2. rn O 4Ni N z IW O 7 A�A � � N u+l n 0 d A �C m 3 n !P N .Q a a/ N 3 ao c+ N O 3� c a mA i� t n 3 rn z A rn $ 2i $I a� rr .7 it ■ SPE2� ?r @ � _ o $ 2i $I a� rr .7 it ■ SPE2� ?r @ � � § 7 § A T ■ � ■ | I .� � ¥ . � � ] k E06 § k e � � � � » n x � 2 � � ■ . � . . ] k E � s ■ ° ■ � k § � § k g ■ § e � | � D I ■ m z � ■ E ■ EI 2 7 f — I BE 7� E�2k g Z ak ■ 3 ZC ■ 2 . 40 ® % I § / $ 7 f . � $f V� » � kto � 2 . � ■ R � � K � a . . �. � . $ . . . � � . . � � . I� . � � § » s ■ ° ■ � k § � § k g ■ § e � | � D I ■ m z � ■ MIAMI -DADE COUNTY ATTACIIMENT C DEPARTMENT OF HUMAN SERVICES MONTHLY REIMBURSEMENT REQUEST Name of Organization: Address: Contact Person: Telephone: Fax: Agreement Amount: Agreement Period: Contracts Officer:_ SECTION II: FISCAL/REIMBURSEMENT Operating expenses covering period from to are outlined below: Budgeted Currant DIIS USE Amount Month Exit. ONLY SALARIES - Cross: Salaries FIANCE BENEFITS Social Security Retirement Croup Ileallb Insurance Workmen's Compensation Insurance Unemployment Insurance [Form UCT -G) Other (specify): STAFF TRAVEL Local Travel — Oul of Town Travel SUPPLIES Office Supplies Program Supplies .lanitorial Supplies Other (specify): EQUIPMENT Minor Office Equipment Minor Program Equipment Major Capital Office Equipment (ovrrs750) Capitol Program Equipment (over S75o) " "INDIRECT COSTS OTHER COSTS Accounting Services /Audit Printing Telephones Electricity Wasle Disposal Water & Sewer Office Space Cost - fIeasel 61a in (en aitce- 13ldg. /Crd. NI aiit fenance- Egit i pin enl Insurance (Properly /Liability) Miscellaneops (specify): PROFESSIONAL SERVICES To(al Operating Expenses $ $ I hereby ceriffy that this expense report subinllted by the undersigned constitutes approved budget expenses during the period listed above, am that no expenses for which relnhbursentent is requester( has been or will be reimbursed by otherJuntling sources. DATE EXECUTIVE DIRECTOWAGENCY DESIGNEE "Please attach all required supporting documentation (e.g., invoices, proof of lax paymenls, payroll registers, topics it checks, cic). in same sequence of your line -iten budget. ''Indirect Costs must not exceed 15 %. Provide Calculations /Document to Substantiate Indirect Cost Rate MIAMI -DADE COUNTY DEPARTMENT Or HUMAN SERVICES MONTHLY REIMBURSEMENT REQUEST Name of Organizntion: Address: Fax: Contact Person: Telephone: Agreement Amount: Agreement Period: Contracts Officer: SECTION II: FISCAL/REIMBURSEMENT Operating expenses covering period from to are outlined below: Budgeted Current D1IS USE Amount Month Exn. ONLY SALARIES - Gross: Salaries FRINGE BENEFITS Social Security Retirement Group Ileal(h Insurance Workmen's Compensation Insurance lineniployment Insurance (Form UCT -61 Other (specify): S'rAFFTRAVEL local Travel Out of Town Travel SUPPLIES Office Supplies Program Supplies Jani(orial Supplies Other (specify): EQUIPMENT Minor Office Equipment Minor Program Equipment Major Capital Office Equipment (overs750) Capital Program Equipment (overS750) "INDIRECT COSTS OTHER COSTS Accounting Services /Audit Prin(ing Postage Telephones I?lectricity Waste Disposal Waler & Sewer Office Space Cost - Teasel Maintenance- Dldg. /Grd. Maintenance- Equipment Insurance (Properly /Liability) R•liscellaneotis (specify): 11101TESSIONAL SERVICES Total Operating Expenses S S A`i'TACIIMENT C 1 hereby certify that this expense report submitted by the undersigned constitutes approver! budget expenses during the period listed above, e, ar that no expenses for which reimbursement is requested has been or ivill be reimbursed by otiierfunding sources. DATE EXECUTIVE DIRECTOR/AGENCY DESIGNEE *Please attach all required supporting documentation (e.g., invoices, proof of tax payments, payroll registers, copies o checks, etc). in same sequence of Your line -item budget. ' *lndirect Costs must not exceed 15%. Provide Calculafions /Document to Substantiate Indirect Cost Rate ATTACHMENT D MIAMI DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an " NIA" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DARE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT, NIIAMI DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipahty of this State. The MUM-DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof, it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. being first duly sworn state: Affiant The full legal name and business address of the persons) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) treet Address City State Zip Code I. MIAMI DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 1/o) or more of the corporation's stock. If the contract or business transaction is with a partnership.-the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): I of Full Legal Name Address Ownership oho % 2. The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. _ H. MIANII -DADS COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT' (County Ordinance No. 90- 133, Amending sec. 2.8 -1; Subsection (d)(2) ofthe County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? Yes No 2. Does your firm provide paid health care benefits for its employees? Yes No Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Males Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: Males Females Aleut (Eskimo): Males Females T Males Females: Males Females III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.) In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of $5, 000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make -up of the nation shall he presumed to have non-discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 205 The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative ofthe population make-up ofthe nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the Coumy's Department of Business Development, 175 NW, 1st Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. 1' Avenue, 28th Floor, Mimi, Florida 33128; The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. IV. MIAMI DADS COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 ofthe County Code) The individual or entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 ofthe County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami Dade County, Florida, the above named person or entity is providing a drug -fee workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no lacer than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the Country or for the health, safety, welfare, economic benefits and well being of the public. Contracts involving funding :quirenients of those governmental entities. 3 of _VI. MIAMI DADS EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section 1 IA -29 et. seq of the County Code) That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 329, 42 U.S.C. 12101 -12213 and 49 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 994; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. VIII. MIAMI DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees a taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses — which are collected in the normal course by the Dade County Tax Colley as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the the County and is not otherwise in default of any contract, with the County or any of its agencies or instrumentalities. 4ofS County is current in all its obligations to promissory note or other loan document X. PROJECT FRESH START (Resolutions R-702-98 and 358 -99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5 %) of the fumes work force consists of individuals who reside in Miami Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. M. DOMESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified At IIA-60 Et. Seq. of the Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at I IA-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami - Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits that do not pertain to this contract. By: (Signature of Afirant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200 by He/She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Print or Stamp off4otary) Notary Public — Stamp State of (State) 5 of 5 (Serial Number) (Expiration Date) Notary Seal ATTACHMENT D1 Form A -12 Code of Business Ethics In accordance with Resolution R- 994 -99 each person or entity that seeks to do business with Miami -Dade County shall adopt the Miami -Dade County /Greater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami -Dade County /Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami -Dade County /Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami -Dade County /Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami -Dade County /Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of eves business and professional organization. By affixing a signature in the Proposal signature page, Form A -12, the Proposer hereby agrees to comply with the principles of Miami -Dade County /Greater Miami Chamber of Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate documents attached to Form A -12. Compliance with Government Rules and Regulations • We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places. easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection and Compensation of Contractors Consulting Vendors and Suppliers • We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; • Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. Business Accounting • All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors. • We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our proposal will be competitive, appropriate to the request for proposals /qualifications documents and arrived at independently; • Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. • We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually perfWl t aul�t��g reglations _ -_ o a c_ l n _- We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Campaigns • We, the undersigned Proposer encourage all employees to participate in community life, public services and the political process to the extent permitted by law; • We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues to the extent permitted by law. • Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We, the undersigned Proposer will know knowingly disseminate false campaign information or support those who do. 2 of 3 e, -�. ,. _, -t.... �.� .. 11 Pass through Requirements This Code prohibits pass - through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity. Rental Space Equipment and Staff Requirements or Flat Overhead Fee Requirements • This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc. MBE Staff Utilization This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but no limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. Signature of Afi"iant Printed Name of Firm 20 Date Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20_ By He/She is personally known to me or has presented Afiiant as identification. Type of Identification Signature of Notary Print or Stamp Name of Notary Notary Public — State of 3of 3 Serial Number Expiration Date Notary Seal ATTACHMENT D2 MIAMI -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93 -129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors -or their affiliates are not debarred by Miami -Dade County. (Signature of Affiant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200 by . He/She is personally known to me or has presented as identification. (Signature of Notary) (Print or Stamp of Notary) Notary Public — Stamp State of (State) 5/01 (Type of Identification) (Serial Number) (Expiration Date) Notary Seal ATTACHMENT E SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a }, FLORIDA STAB, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to Miami -Dade County by (print individaWs name and title) for (print Name of entity submitting sworn statement) whose badness address is and if applicable its Federal Employer Identification Number (FEW is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287 .133 (1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, tbeft, bribery, coffusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 297.133 (1)(b), Flori S_ tatutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after duly 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contenders, 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(x), Florida Statutes, means" 1. A predecessor or successor of a person convicted of a public entity, crime; or 2. An entity under the control of any natural person who is active in the management of the entity sad who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly caters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I oft 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida &g ates. means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term " person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who am active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor lisle (attach a copy of the final order). I UNDERSTAND THAT THE SUBMlS~SION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENT11 Y PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM (Signature) Sworn to and subscribed before me this day of , 20 Personally known OR Produced Idenitification Notary Public - State of (Type of Identification) My commission expires (Printed typed or stamped commissioned name of notary public) 2 of 2 �- ,.,... ATTACHMENT F DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION MONTHLY PROGRESS REPORT FY 2006/2007 AGENCY'S NAME NAME AND TITLE OF PERSON COMPLETING THIS REPORT PLEASE CHECK THE REPORTING PERIOD ❑ October ❑ April - 0 November ❑ may ❑ December ❑ June ❑ January ❑ July ❑ February ❑ August ❑ March ❑ September ❑ FINAL REPORT NUMBER OF NEW CLIENTS SERVED THIS MONTH SUAWLARIZE PROGRAM OBJECTIVES /GOALS ACCOMPLISHED THIS MONTH: section cannot be left blank — please list each objective and hours of service I of 2 REPORT ON PROGRAMMATIC PROBLEMS ENCOUNTERED THIS MONTH: section cannot be left -- - -- YWR.A _ PLANNIN A BUDGFT- MI3DMI ATIONDURMGTM MONTH: YES NO COMMENTS: Date Submitted Authorized Signature and Title 2 of 2 ATTACHMIENT G MIAMI -DADE DEPARTMENT OF HUMAN SERVICES CONTRACT MANAGEMENT DIVISION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97 -104) Name of Organization: Address: REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Community Based Organization must submit the list of first their subcontractors or sub - consultants who will perform any part of the Scope of Services Work, if this Agreement is for $100,000 or more. The Community Based Organization must complete this information. If the Community Based Organization will not utilize subcontractors, then the Community Based Organization must state "No subcontractors will be used"; do not state "N /A ". NAME OF SUBCONTRACTOR OR SUB - CONSULTANT ADDRESS CITY AND STATE REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Community Based Organization must submit a list of suppliers who will supply materials for the Scope of Services to the Community Based Organization, if this Contract Agreement is $100,000 or more. The Community Based Organization must fill out this information. If the Community Based Organization will not use suppliers, the Community Based Organization must state "No suppliers will be used ", do not state "N /A ". NAME OF SUPPLIER ADDRESS CITY AND STATE I hereby certify that the foregoing information is true, correct and complete: Signature of Authorized Representative: Title: Date: Firm Name: Address: Fed. ID No. City/ State /Zip: Telephone: ( ) Fax: ( ) E -mail: ATTACHMLNT H LIVING WAGE REQUIREMENT (Miami -Dade County Ordinance 99 -44) Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 99-44 and Section 2-8.9 of the Code of Miami -Dade County shall apply to all service contracts involving the expenditure of over $100,000 per year for "Covered Services ". "Covered Services" are the type of services purchased by the County that are subject to the requirements of the Living Wage Ordinance which are one of the following: (1) County Service Contracts (i) food preparation and/or distribution (ii) security services (iii) routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing and recycling (iv) clerical or other non - supervisory office work, whether temporary or permanent (v) transportation and parking services, including airport and seaport services (vi) printing and reproduction services (vii) landscaping, lawn and/or agricultural services In accordance with Miami -Dade County Ordinance 99-44, all Service Contractors entering into a contract with Miami -Dade County to provide Covered Services as described above shall pay to all of its employees providing such Covered Services to the County a Living Wage of no less than $8.56 per hour plus Health Insurance as described in the aforementioned ordinance, or $9.81 per hour without Health Insurance. Such Health Benefits shall consist of payment of at least $1.25 per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of Health Insurance must be submitted to the County to qualify for the wage rate for employees with health benefits. The Service Contractor shall also agree to produce all documents and records relating to payroll and compliance with this Ordinance prior to award of a contract as a result of this solicitation upon request by the County. If records reflect that the Service Contractor is in violation of this Ordinance, the County has the right to sanction the Service Contractor to include but not limited to termination, fine and suspension. This Ordinance encompasses various responsibilities that must be accomplished by the successful proposer such as record keeping, posting and reporting. Upon the award of this contract, the successful proposer must be prepared to comply with these requirements as outlined in Ordinance 99-44. I of 2 FORM A-1 I MIAMI -DADE COUNTY, FLORIDA MIAMI -DADE COUNTY LIVING WAGE AFFIDAVIT (Ordinance 99-44 and Section 2-8.9 of the Miami -Dade County Code) Solicitation No.: Tide: 1 , being first duly sworn hereby state and certify that in compliance with Miami -Dade County Ordinance 99-44 and Section 2-8.9 of the Miami -Dade County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage required by Miami -Dade County Ordinance 99-44 to all employees assigned to this contract. The bidder or proposer further understands that the current living wage applied to this contract is $8.56 per hour plus health benefits as described in the ordinance, or $9.81 per hour without health benefits. By: Signature of Affiant ,20 Date Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 200_, by He /She is personally known to me or has presented Affiant as identification. Type of Identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public — State of Notary Seal 2 of 2 1.. raft 2 City of South Miami 3 Special City Commission Minutes 4 September 25, 2006 5 6 CALL TO ORDER: 7 8 The City Commission of the City of South Miami, Florida met 9 in special session on Monday,, September 25, 2006, beginning at 10 6:13 p.m., in the City Commission Chambers, 6130 Sunset Drive. 11 12 A. Roll Call: 13 The following members of the City Commission were present: 14 Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe and 15 Commissioner Jay Beckman. Commissioners Velma Palmer and Marie 16 Birts were absent. 17 18 Also in attendance were: City Attorney Luis Figueredo, City 19 Clerk Maria M Menendez and City Manager Yvonne Soler - McKinley. 20 21 B. Invocation: The invocation was delivered by Mayor Feliu. 22 23 C. Pledge of Allegiance: 24 The Pledge of Allegiance was recited in unison. 25 26 Mayor Feliu explained that the purpose of this meeting was 27 to take care of various time sensitive items before the end of 28 the 2005 -06 fiscal year. 29 30 At this time item no. 3 (now no. 4) was pulled by 31 Commissioner Beckman from the Consent Agenda. 32 33 34 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 35 36 37 CONSENT 38 39 164 -06 -12305 40 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 41 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' 42 FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP 43 FIGUEREDO, P.A. IN THE AMOUNT OF $39,213.10; CHARGING REGULAR CITY COMMISSION 1 MINUTES - September 25, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 $39,213.10 TO ACCOUNT NO. 001- 1500 - 514 -3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE.3 /5 (City Attorney) 165 -06 -12306 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO EXTEND THE AGREEMENT BETWEEN CABALLERO & CASTELLANOS, P.A. CERTIFIED PUBLIC ACCOUNTANTS AND THE CITY OF SOUTH MIAMI, FOR THE PREPARATION OF THE INDEPENDENT AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2006. 3/5 (City Manager) 166 -06 -12307 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN MIAMI -DADE COUNTY, MIAMI -DADE COUNTY POLICE DEPARTMENT AND THE CITY OF SOUTH MIAMI FOR SCHOOL CROSSING GUARD SERVICES; PROVIDING AN EFFECTIVE DATE. (City Manager) Moved by Vice Mayor Wiscombe, seconded by Commissioner Beckman to approve the Consent Agenda passed by a'3 -0 vote. Commissioner Palmer: Absent Commissioner Birts: Absent Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu• Yea RESOLUTION (S) 167 -06 -12308 4. A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SUPERIOR LANDSCAPING & LAWN SERVICES, INC. FOR THE LANDSGAPING s+flnu. SW 66' STREET TO Qr--oi 68v ' -STREE ' LANDSCAPING WITHIN THE CITY IN AN AMOUNT OF $22,550 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001- 1730 -541- 3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) REGULAR CITY COMMISSION MINUTES - September 25, 2006 F 1 Moved by Commissioner Beckman, seconded by Vice Mayor 2 Wiscombe to approve this item. 3 4 Commissioner Beckman explained that he pulled this item to 5 question as to why this was not a CRA project. He said that this 6 would be the perfect project to be done by CRA and that it is 7 entirely appropriate. 8 -9 Mr. Balogun explained that he had been informed by staff 10 that CPA have been able to find some funds for this project; 11 therefore, we will be able to use this money for citywide 12 landscaping projects. He said that CRA has contributed about 13 $49,000 for this project on Church Street already. 14 15 Vice Mayor Wiscombe said to concur with Commissioner Beckman 16 and that he had also asked about this and why it was not financed 17 through the CRA, and that is when staff went back to look into it 18 and see whether it would be feasible to finance through the CRA. 19 20 Commissioner Beckman then referred to Section 1 of the 21 resolution and proposed an amendment. 22 23 Moved by Commissioner Beckman, seconded by Vice Mayor 24 Wiscombe, the motion to amend Section 1. lines 28 -29, by striking 25 the sentence referring to Church Street and inserting for 26 landscaping within the City. The rest of the resolution should be 27 changed accordingly. 28 29 With no further comments or discussion, the motion to 30 approve this item as amended passed by a 3 -0 vote. 31 32 Commissioner Palmer: Absent 33 Commissioner Birts: Absent 34 Commissioner Beckman: Yea 35 Vice Mayor Wiscombe: Yea 36 Mayor Feliu: Yea �'7 38 39 40 41 42 43 44 45 46 47 48 49 COMMISSION REMARKS There being no further business to come before this Body, the meeting adjourned at 6:30 p.m. Attest Maria M. Menendez City Clerk REGULAR CITY COMMISSION 3 MINUTES - September 25, 2006 Approved Horace G. Feliu Mayor 1 City of South Miami Draft 2 Regular City Commission Minutes 3 October 3, 2006 4 5 CALL TO ORDER: 6 7 The City Commission of the City of South Miami, Florida met 8 in regular session on Tuesday, October 3,- 2006, beginning at 7:00 9 p.m., in the City Commission Chambers, 6130 Sunset Drive. 10 11 A. Roll Call: 12 The following members of the City Commission were present: 13 Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe, and 14 Commissioners Velma Palmer, Marie Birts and Jay Beckman. 15 16 Also in attendance were: City Attorney Eve Boutsis, City 17 Clerk Maria M. Menendez and City Manager Yvonne Soler - McKinley. 18 19 B. Invocation: The invocation was delivered by Mayor Feliu. 20 21 C. Pledge of Allegiance: 22 The Pledge of Allegiance was recited in unison. 23 24 D. Presentations(s) 25 26 Police Chief Landis was sworn in by Circuit Court Judge Ivan 27 Fernandez. Family and friends of the Chief were present for this 28 important occasion. 29 30 At this time Ms. McKinley presented Commissioner Birts with 31 a certificate of completion from the Leadership Training 32 Institute, for successfully completing the Institute's 14th 33 Annual Leadership Summit held in Colorado. 34 35 36 ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 37 38 39 1. Approval of Minutes 40 a) Minutes of August 15, 2006 41 b) Minutes of September 5, 2006 42 43 Moved by Vice Mayor Wi combe, seconded by Commissioners 44 Palmer and Birts, the motion to approve the minutes of August 15, 45 and September 5, 2006 passed by a 5 -0 vote: REGULAR CITY COMMISSION 1 MINUTES - October 3, 2006 1 2 Commissioner Palmer: Yea 3 Commissioner Birts: Yea 4 Commissioner Beckman: Yea 5 Vice Mayor Wiscombe: Yea 6 Mayor Feliu: Yea' 7 8 9 2. City Manager's Report 10 11 a) KVC (parking garage expense) 12 13 14 Mr. McArdle, representing Mark Richman Properties (MRP) , in 15 response to the Mayor's question, said that in terms of the 16 budget, they are finalizing the numbers right now but that it 17 looks that it is going to be ok. In terms of time, he said that 18 WASAD is still trying to work out something with the sewer line 19 in the alley with Daby Properties and the consultants are 20 answering the final questions for the reviewing engineer. On the 21 manufacture of the precast he said that they are on schedule and 22 it will probably be ready to be shipped by the end of October, 23 but the actual erection of the shell will not start until after 24 Christmas. 25 26 Commissioner Beckman at this time referred to the pension, _ 27 suggesting that when the Actuary does the yearly review to see 28 how much cash the City is required to put into the fund, that an 29 alternate payment plan could be made by the Actuary; what this 30 will do is that in years when investment return is high where we 31 would not be required to put any money in, that a minimum payment 32 will be put in anyway in anticipation of any bad years ahead. He 33 then said that he would Tike, by affirmation of the Commission, 34 to instruct the City Manager to work with the Pension Attorney to 35 write a letter to the _Actuary that in the very next ` review they 36 include an alternative pay plan that will be designed to smooth 37 out the City's payment into the plan. 38 39 Commissioner Birts said that this is a great idea and that 40 she supports Commissioner Beckman's above suggestion. 41 Commissioner Palmer said that she believed that they were 42 supposed to meet again regarding the pension. It was clarified by 43 Commissioner Beckman that they had already discussed the pension 44 at a workshop. Mayor Feliu said that Commissioner Beckman's 45 suggestion is great and that such a policy should be in place to 46 even out the good with the bad years. Vice Mayor Wiscombe said he 47 will also support the idea, provided that they can guarantee that 48 even if we do not have to put money into the fund that we get 49 credit for it for later on. 50 REGULAR CITY COMMISSION 2 MINUTES - October 3, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Commissioner Palmer again reported about water overflowing the front lawn at Larkins Hospital, and said that it is getting worse. Ms. McKinley said that Code Enforcement will check on it. She also asked about the hole at the corner of the Post Office. Mr. Balogun explained that the contractor is working at that location; however, he advised them to cover the hole for safety purposes Mayor Feliu asked about the status of the issue relating to the noise emanating from the air conditioning at the Professional Building. Vice Mayor Wiscombe said that he personally sent a letter to the company that makes the air conditioning. Mayor Feliu said that the owner of the building is ultimately responsible and that we need to make sure that he knows it. With no further comments the City Manager's Report concluded. 3. City Attorney's Report: Counsel Boutsis addressed the Commission regarding item no. 13 on the agenda relating to the Budget and Finance Committee ordinance. She explained that there is an issue with that item because the term of the committee expired on September 30th. She then advised that the item should be withdrawn from the agenda, and that if they want to proceed with it the committee needs to be recreated. Ms. Boutsis also requested that item no. 12 on the agenda be taken out of order to be heard first so that the attorney may leave as soon as possible. Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to bring out of order item nos. 11 and 12 to be heard before public remarks, passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea ORDINANCE (S) SECOND READING PUBLIC NEARING (S) REGULAR CITY COMMISSION MINUTES - October 3, 2006 3 1 22 -06 -1890 2 4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 3 CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH 4 MIAMI POLICE OFFICERS' RETIREMENT TRUST FUND, PROVIDING 5 FOR REDUCTION IN NUMBER OF TRUSTEES ON THE BOARD OF 6 TRUSTEES FROM SEVEN (7) TO FIVE (5) BY REMOVING THE 7 MANDATORY MEMBERSHIP OF CERTAIN NAMED OFFICALS; 8 PROVIDING CLARIFICATION OF ELECTION AND APPOINTMENT 9 PROCEDURES FOR TRUSTEES PROVIDING FOR CLARIFICATION OF 10 BOARD'S INVESTMENT AUTHORITY; PROVIDING FOR REMOVAL OF 11 A NAMED ADMINISTRATOR; PROVIDING FOR SEVERABILITY; 12 PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN 13 EFFECTIVE DATE. 3/5 14 (City Manager) 15 16 Moved by Commissioner Palmer, seconded by Commissioner 17 Birts to approve this item. 18 19 Pension Board attorney _ Ken Harrison addressed the 20 Commission. He explained that the only thing that has come up 21 since the ordinance was approved on first reading is that the 22 effective date of October l should be changed to November 1. 23 24 Moved by Commissioner Beckman, seconded by Vice Mayor 25 Wiscombe, the motion to change the date from October l to 26 November 1 assed b a 5 -0 vote: P Y 27 28 Commissioner Palmer: Yea 29 Commissioner Birts: Yea 30 Commissioner Beckman: Yea 31 Vice Mayor Wiscombe: Yea 32 Mayor Feliu Yea 33 34 The public hearing was opened. 35 36 Pension Board Member Brad Cassel addressed the Commission 37 urging them to support this ordinance as recommended by the 38 attorney. 39 40 With no further speakers the public hearing was closed. 41 42 With no further comments or discussion, the motion to 43 approve this item as amended passed by a 5 -0 vote: 44 45 Commissioner Palmer: Yea 46 Commissioner Birts Yea 47 Commissioner Beckman: Yea 48 Vice Mayor Wiscombe: Yea 49 Mayor Feliu: Yea REGULAR CITY COMMISSION 4 MINUTES - October 3, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 23 -06 -1891 S. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE SOUTH MIAMI COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FROM THE SINGLE FAMILY RESIDENTIAL CATEGORY TO THE TOWNHOUSE RESIDENTIAL CATEGORY ON PROPERTY LEGALLY DESCRIBED AS LOT 15 BLOCK 5, DAVIS MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 41 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY AND SPECIFICALLY LOCATED AT 6540 MANOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to approve this item. Counsel Boutsis explained that the revised version of the ordinance contained two changes (Sections 2 and 7) which are procedural requirements, basically confirming that the amendment is consistent with the Comprehensive Plan requirements as set forth in Florida Statutes 163. In response to Vice Mayor Wiscombe's questions, Counsel Boutsis clarified that this will not affect the EAR process; this is specific to this specific property. Moved by Commissioner Beckman, seconded by Vice Mayor Wiscombe, the motion to amend the ordinance by adding sections 2 and 7 as described by the attorney passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea At this time Mr. Youkilis presented the request. At the conclusion of staff's presentation the speakers were sworn in and the Mayor opened the public hearing. Tucker Gibbs, attorney representing the owner of the property said that they agree with staff's recommendation and urged the Commission to support it. David Tucker Sr. cautioned about any special exceptions that could be brought up in the future. Bob Welsh referred to the mature trees that are standing in REGULAR CITY COMMISSION MINUTES - October 3, 2006 5 1 the property urging for their conservation. 2 3 Yvonne Beckman expressed certain concern about setting a 4 precedent with this request she also urged the Commission to 5 apply the money paid for green space for the park that we want to 6 buy. 7 8 With no further speakers the public hearing was closed. 9 10 After some comments by members of the Commission, the motion 11 to approve this item as amended passed by a 5 -0 vote: 12 13 Commissioner Palmer: Yea 14 Commissioner Birts: Yea 15 Commissioner Beckman: Yea 16 Vice Mayor.Wiscombe: Yea 17 Mayor Feliu: Yea 18 W0, 20 PUBLIC REMARKS 21 22 David Tucker Sr. referred to the historical event of the 23 Mayflower, presenting a few descendants who reside in Miami -Dade 24 County, and who also addressed the Commission, sharing some 25 interesting, trivia about their brave ancestors. 26 27 Yvonne Beckman referred to the Budget and Finance Committee 28 saying that this should be an ongoing committee and that it 29 should meet every two months. She also urged the Commission to 30 conduct a' forensic audit 31 32 Bob Welsh referred to the noise produced by the air 33 conditioning at the Professional Building; he said that this is 34 not only violating decibel levels but public nuisance levels as 35 well. 36 37 Commissioner Beckman, requesting a point of order, said that 38 comments at the Commission meetings are limited to taxpayers and 39 residents, or legal representatives; he said that this City has a 40 huge amount.of outside interference. 41 42 Mayor Feliu said that he went over the above stated issue 43 with the attorney; regulations state "unless the presiding 44 officer rules otherwise;" he said that Mr. Ward has been an 45 integral part of this community for many years; however, Mr. 46 Ward's statements have always been in the best interest of the 47 City one way or another. His son lives here and pays taxes. The 48 Mayor then allowed Mr. Ward to speak. REGULAR CITY COMMISSION 6 MINUTES - October 3, 2006 1 2 Dick Ward said that any City should have a forensic _audit 3 done no less than every five years. 4 5 With no further speakers the public remarks section was 6 closed. 7 8 At this time Commissioner Palmer pulled item no. 9 from the 9 Consent Agenda (now item no., 12) 10 11 CONSENT 12 13 168 -06 -12309 14 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 15 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND 16 COMMITTEES; RE- APPOINTING 'MONIQUE DE PAREDES TO SERVE 17 ON THE COMMISSION FOR WOMEN FOR A TWO YEAR TERM 18 ENDING OCTOBER 2, 2008; AND PROVIDING AN EFFECTIVE 19 DATE. 3/5 20 (Mayor Feliu) 21 22 169 -06 -12310 23 7. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 24 SOUTH MIAMI, FLORIDA, DESIGNATING THE NATIONAL 25 INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR 26 ALL INCIDENT MANAGEMENT FOR THE CITY OF SOUTH MIAMI, 27 FLORIDA; PROVIDING AN EFFECTIVE DATE. 3/5 28 (Mayor Feliu) 29 30 170 -06 -12311 31 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 32 OF SOUTH MIAMI, FLORIDA, RECOGNIZING FLORIDA CITY 33 GOVERNMENT WEEK, OCTOBER 15 -21, 2006, AND ENCOURAGING ALL 34 CITIZENS TO SUPPORT THE CELEBRATION AS PART OF AN 35 ONGOING EFFORT SPONSORED BY THE FLORIDA LEAGUE OF 36 CITIES TO RAISE PUBLIC AWARENESS ABOUT THE SERVICES 37 THAT CITIES PERFORM AND TO EDUCATE THE PUBLIC ON HOW 38 CITY GOVERNMENT WORKS; PROVIDING FOR AN EFFECTIVE DATE. 39 3/5 40 (Mayor Feliu) 41 42 43 171 -06 -12312 44 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 45 CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY 46 MANAGER TO EXECUTE STREET SWEEPING WORK ORDER WITH 47 SOUTH FLORIDA MAINTENANCE SERVICES, INC. IN AMOUNT OF REGULAR CITY COMMISSION 7 MINUTES - October 3, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 $86,136 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT'S ACCOUNT NUMBERS 001- 1730 - 541 -3450 AND 111- 1730 -541- 3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 172 -06 -12313 10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $1,176.00 FROM THE POLICE DEPARTMENT'S STATE FORFEITURE FUND CRIME PREVENTION ACCOUNT # 608 - 1910 - 521 -3490 ; FOR SUPPLIES FOR "RED RIBBON WEEK" 2006; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) 173 -06 -12314 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $41,149.32; CHARGING $41,149.32 TO ACCOUNT NO. 001 -1500- 514 - 3410, LEGAL SERVICES, NON- RETAINER; PROVIDING AN EFFECTIVE DATE. 3/5 (City Attorney) Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the motion to approve the Consent Agenda passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts`. Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu Yea RESOLUTION (S) 174 -06 -12315 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ISLAND STYLE CONSULTING & DESIGN TO ACT AS THE WEBSITE REDESIGN PROJECT MANAGER FOR AN AMOUNT NOT TO EXCEED $17,550.00 AND CHARGING THE DISBURSEMENT TO THE M.I.S. CONTRACTUAL SERVICES ACCOUNT NUMBER 001-1340 - 513 -3450; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Wiscombe, seconded by Commissioner REGULAR CITY COMMISSION MINUTES - October 3, 2006 X 1 Birts to approve this item. 2 3 Commissioner Palmer pulled this item from the Consent Agenda 4 to clarify as to whether the City will have an in -house manager 5 after the website is re- designed. Ms. McKinley explained that 6 after the website is re- designed, it will be updated and 7 maintained in- house. The different departments that need to be 8 posting new information will have input on the website. Features 9 such as being able to follow the Commission meetings on the 10 website will be in addition to this and the manager explained 11 that she will come back with that request later on. 12 13 Mayor Feliu requested at this time that the approved budget 14 be posted on our website as soon as it is ready. 15 16 With no further comments or discussion, the motion to 17 approve this item passed by a 5 -0 vote: 18 19 Commissioner Palmer: Yea 20 Commissioner Birts: Yea 21 Commissioner Beckman: Yea 22 Vice Mayor Wiscombe: Yea 23 Mayor Feliu: Yea 24 25 26 ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 27 (Cont'd) 28 29 30 13. ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 31 OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 15 -02- 32 1783 RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 33 26.8 OF THE CODE OF ORDINANCES, ENTITILED "BUDGET AND 34 FINANCE COMMITTEE; AMENDING MEMBERSHIP TERM; "PROVIDING 35 FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; 36 AND PROVIDING AN EFFECTIVE DATE. 3/5 37 (Mayor Feliu) 38 39 Moved by Mayor Feliu,, seconded by Commissioner Birts, the 40 motion to pull this item passed by a 5 -0 vote: 41 42 Commissioner Palmer: Yea 43 Commissioner Birts: Yea 44 Commissioner Beckman: Yea 45 Vice Mayor Wiscombe: Yea 46 Mayor Feliu: Yea 47 48 REGULAR CITY COMMISSION 9 MINUTES - October 3, 2006 1 RESOLUTION (S) /PUBLIC HEARING (S) 2 3 175 -06 -12316 4 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF 6 A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 7 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE 8 CONSTRUCTION OF A SCENIC,OVERLOOK /FISHING PIER AT BREWER 9 PARK LOCATED WITHIN THE CAMBRIDGE LAWNS HISTORIC 10 DISTRICT LOCATED AT 6300 SW 56' STREET; PROVIDING AN 11 EFFECTIVE DATE. 3/5 12 (City Manager) 13 14 Moved by Commissioner Palmer, seconded by -Vice Mayor 15 Wiscombe to approve this item. 16 17 Counsel Boutsis at this time sworn in speakers for this and 18 the following two items. 19 20 Mr. Youkilis presented this item. 21 22 Commissioner Beckman asked as to why a city park would need 23 to go through this procedure. Counsel Boutsis explained that 24 right now staff is just following the guidelines in place. They 25 could always go over the guidelines and amend them in the future. 26 27 Vice Mayor Wiscombe concurred with Commissioner Beckman and 28 said that they should take a look at this in the future. 29 30 With no speakers the public hearing was opened and closed. 31 32 With no further comments or discussion, the motion to 33 approve this item passed by a 5 -0 vote: 34 35 Commissioner Palmer: Yea 36 Commissioner Birts: Yea 37 Commissioner Beckman: Yea 38 Vice Mayor Wiscombe: Yea 39 Mayor Feliu: Yea 40 41 42 176 -06 -12317 43 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 44 CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF 45 A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 4 6 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE 47 PLACEMENT OF AN EXTERIOR SIGN ON A DESIGNATED HISTORIC REGULAR CITY COMMISSION 10 MINUTES - October 3, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 BUILDING LOCATED AT 5851 SUNSET DRIVE (SHELLEY BUILDING); PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts to approve this item. Mr..Youkilis presented this item. Commissioner Beckman said that these requests should not need to go before all of these boards In looking at the 'signs, he added that he did not find anything wrong with them. He said that he feels that these requests should go to the ERPB and not to the Historic Board. He then proposed to amend the resolution to provide that these requests go to the ERPB. Mr. Youkilis explained that the LDC provides that all of these are supposed to go to the Historic Board; they are not required to go before the ERPB also. Mayor Feliu pointed out that one reason for historic buildings having to go before the Historic Board to get approval for signs is because there are certain issues on how to attach them to the structure to make sure that it is not damaged in the process. The Historic Preservation Board is the one which specializes on these types of issues. Commissioner Birts said that she agrees that signs for historic buildings should go before the Historic Preservation Board. She added that when she went to Tallahassee to appear before their Preservation Board she had the chance to learn how strict they are. When you go before them for money they demand all kinds of details, she added; she said that the signs should go before both boards. Commissioner Palmer said that even though we may not like these rules, they are already" established in the LDC, and if we deviate from them, then we might be creating more problems by not following the guidelines. With no further comments or discussion, approve this item passed by a 5 -0 vote: REGULAR CITY COMMISSION MINUTES - October 3, 2006 Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Vice Mayor Wiscombe: Mayor Feliu: 11 the motion to Yea Yea Yea Yea Yea 1 RESOLUTION (S) 2 (Cont'd) 3 4 177 -06 -12318 5 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 6 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FLORIDA 7 LEGISLATURE, REQUESTING THE LEGISLATURE TO IMMEDIATELY 8 CONVENE A SPECIAL SESSION TO ADDRESS THE CRISIS IN 9 FLORIDA'S WINDSTORM INSURANCE MARKET; PROVIDING AN 10 EFFECTIVE DATE. 3/5 11 (Mayor Feliu) 12 13 Moved by Commissioner Palmer, seconded Vice Mayor Wiscombe 14 to approve this item. 15 16 Mayor Feliu said that the insurance rate in our County is 17 skyrocketed; he said that this is not right and that the building 18 code should be uniform across the State because hurricanes may 19 occur anywhere within our State. 20 21 Vice Mayor Wiscombe pointed out that as of last week the 22 Insurance Commission ordered Citizens Insurance a reduction in 23 insurance rate for 'Monroe County because they wanted a 25 percent 24 increase He also noted that as of today, the number of 25 hurricanes that had been predicted for the season has been 26 reduced again. 27 28 Commissioner Beckman said that it is true that when it comes 29 to insurance there are a lot of things that need to be reformed. 30 However, he said that he was not so sure about asking the 31 legislature to discuss this issue on a special session. 32 33 Moved by Commissioner Beckman to have the following 34 amendment: on Section 1 of the resolution, page 2, line 37, to 35 insert "initiate addressing ". Seconded by Mayor Feliu, the 36 motion to amend failed by a 2 -3 vote: 37 38 Commissioner Palmer: Nay 39 Commissioner Birts: Nay 40 Commissioner Beckman: Yea 41 Vice Mayor Wiscombe: Nay 42 Mayor Feliu: Yea 43 44 With no further comments or discussion, the motion to 45 approve this item passed by a 4 -1 vote: 46 47 Commissioner Palmer: Yea 48 Commissioner Birts: Yea REGULAR CITY COMMISSION 12 MINUTES - October 3, 2006 1 Commissioner Beckman: Nay 2 Vice Mayor Wiscombe: Yea 3 Mayor Feliu: Yea 4 5 6 ORDINANCE (S) FIRST READING PUBLIC HEARING S) 7 (NONE) 8 9 10 ORDINANCE (S) FIRST READING 11 12 17 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 13 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 14 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI 15 LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY 16 RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS 17 AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC 18 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING 19 ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR 20 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 21 PROVIDING AN EFFECTIVE DATE 3/5 2.2 (City Manager) 23 24 Moved by Commissioner Palmer, seconded by Vice Mayor 25 Wiscombe to approve this item. 26 27 Mr. Youkilis presented this item. 28 29 Commissioner Palmer had questions regarding the structure of 30 the property as to whether it is strong enough. She also asked as 31 to why we are doing this if the property is currently for sale. 32 She also pointed out that the owner is usually present on these 33 meetings. 34 35 Mr. Youkilis said that the owner attended the Historic 36 Preservation Board meeting and did not express opposition at that 37 time and that she will probably be present at the second reading 38 of this ordinance. Staff notifies owners about these meetings in 39 writing and for second readings they are notified by certified 40 mail. 41 42 Vice Mayor Wiscombe advised that the notification letter 43 should be included in the back up for clarification. 44 45 Commissioner Beckman then referred to the property and said 46 that there are a lot of old houses which have a history that may 47 only be of importance to the owner. This particular house, he 48 added, does not even have a permanent foundation and has no REGULAR CITY COMMISSION 13 MINUTES - October 3, 2006 1 historic significance. He said that this property will probably 2 take a huge amount of money to make it livable. 3 4 Commissioner Birts said that there is some history there in 5 that community, and we are trying to preserve some history in 6 that community; and there is also the fact that the Preservation 7 Board recommended the designation. 8 9 Mayor Feliu said that hopefully by the next meeting the 10 owner and perhaps some members of the Historic Preservation Board 11 will be present to answer some questions. 12 13 Vice Mayor Wiscombe said that we have a very limited amount 14 of these types of homes left in our community, and the decision 15 of whether the house' is good or not is not up to us; whatever 16 changes need to be made to preserve this, the building will have 17 to be brought up to code, he added. He also noted that some of 18 these houses are sitting on quite sizable lots and if they do not 19 get preserved this way, they will be coming down and bigger 20 houses will be built in their place. 21 22 With no further comments or discussion, the motion to 23 approve this item passed by a 3 -2 vote: 24 25 Commissioner Palmer: Nay 26 Commissioner Birts: Yea 27 Commissioner Beckman: Nay 28 Vice Mayor Wiscombe: Yea 29 Mayor Feliu: Yea 30 31 32 33 18. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 34 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO 35 AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI 36 LAND DEVELOPMENT CODE` BY DESIGNATING A SINGLE FAMILY 37 RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN 38 HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC 39 PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING 40 ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR 41 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND 42 PROVIDING AN EFFECTIVE DATE. 3/5 43 (City Manager) 44 45 Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe to 46 approve this item. 47 48 Mr. Youkilis presented this item. Among other things, Mr. 49 Youkilis said that there are very little of these Spanish Mission 50 style houses in South Miami. REGULAR CITY COMMISSION 14 MINUTES - October 3, 2006 1 2 In response to Commissioner Beckman's question, Mr. Youkilis 3 said that any additions to this property will require a 4 certificate of appropriateness and the Board will have to decide. 5 6 Commissioner Beckman said that the point he wanted to make 7 is that these buildings on City property have to function in the 8 future as viable residences 9 10 The Commission expressed differences of opinion with regard 11 to the size of home that people want; some want big houses while 12 others prefer them smaller, particularly the ones with a taste 13 for these historic homes. 14 15 With no further comments or discussion, the motion to 16 approve this item passed by a 5 -0 vote 17 18 Commissioner Palmer: Yea 19 Commissioner Birts: Yea 20 Commissioner Beckman: Yea 21 Vice Mayor Wiscombe: Yea 22 Mayor Feliu: Yea 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 COMMISSION REMARKS The Commission was afforded time to make remarks. There being no further business to come before this Body, the meeting adjourned at 11:00 p.m. Attest Maria M. Menendez City Clerk REGULAR CITY COMMISSION MINUTES - October 3, 2006 15 Approved Horace G. Feliu Mayor South Miami 1WARefincly CITY OF SOUTH MIAMI I I® OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manage From: Sanford A. Youkilis, Acting Planning Direct Date: November 7, 2006 ITEM No. 4 Q► Subject: City Inspection Station Property. BACKGROUND The City has received formal inquiries from local businesses seeking to purchase or lease the City -owned inspection station site at 5890 SW 69th Street. The site is 31,050 sq. ft. (.71 acres) and consists of nine rectangular parcels of which three lots face SW 6901 Street and six lots face SW 70th Street. The property is accessible from both streets. The site is currently unused and is vacant except for a small building used as part of the old inspection station program. The property is zoned TODD(LI -4), which permits residential, commercial and light industrial uses. The district encourages mixed uses and has a height limit of two stories. During the past 15 years the property was leased to the State for use as an automobile inspection station and to a company using the site as an automobile towing/storage lot. It is important to note that in 2003 this property was appraised at $765,000 and $850, 000. CURRENT APPRAISALS Please be advised that the City has received two up -to -date (2006) appraisals for the City's Inspection Station. The appraisals received provided the following estimated market value for the property: • Quinlivan Appraisal, Inc. - $2,485,000 • Investors Research Associates, Inc. - - $2,790,000 RECOMMENDATION Alternatives: There are several alternatives which can be used to provide for the development of the site which will result in revenue to the City: (1) Sale of the property: Competitive bidding (RFP) or a negotiated sale. The city could strictly control use and design of the development. (2) Lease of the property. A long term lease similar to the procedure used for the development of the municipal parking facility in the Hometown District could be implemented. The City could receive rent and /or a percent of business activity in addition to property taxes. (3) Conversion to municipal parking lot. The City could construct a public parking lot in which spaces could be leased to nearby companies in the industrial area. A great number of properties in the area can not be improved or redeveloped because of the inability to provide required parking. SAY P: \Comm Items\2006 \11 -7 -06 \Inspection Station Site Status CM report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING C. DAVID MORTON TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the City Commission desires to re- appoint C. David Morton to serve for a two -year term on the Planning Board. The appointment shall expire November 6, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby re- appoints C. David Morton to the Planning Board. Section 2. The expiration date of this appointment shall be November 6, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 7TH DAY OF NOVEMBER , 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: ITU EAT W. COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: y I 11. 12. Ethnic Origin? White Non - Hispanics African American Hispanic American I am interested in serving on the following board(s) /committee(s): PC.4 N tv;.. Son First choice Second choice hird choi Fourth choice Signature _ Date 10 7-9-t7— Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR F:evised 8102 Other � .ti'Y•� fJL av • O v i[ ut lYi i S ii4l F1 and a Ju- N 2001 CITY OF SOUTH MIAMI BOARD/COMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305 - 663 -6340 South MI-ami, FL 33143 Fax No. 305 -663 -6348 1. Name: C • Y2 TO -A) (Please print) _ 2. Home Address: _ 3. Business Address: 4. Home Phone No. _ Business Phone No._ Fag No._ . 5. E -mail Address: 6. Education Back round: ' I% c i ecrvvP U, f. IV At,!54 C o i. f /T,iv O nr Efi SG o not%r vn.eNp �� . 7. Community Service: S W1 �� rr r V►�1 CC, • N.. .. ,.. c� �6 a i. q i 1�n ► i � CiI�CD l.E v V1 /w v NrJ i e.v C3o/� � iN�,Ma • - Hot) Yl. G- 1 1 N I ry CL=� /J V l I -}cl/1 r 1 / iJ►CC 1fI TtZ'iy C. i2C—Ui tFW TT - C 4}dp t,2M 0 A/ . 8. Are you a registered voter? Yes 4 No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No 11. 12. Ethnic Origin? White Non - Hispanics African American Hispanic American I am interested in serving on the following board(s) /committee(s): PC.4 N tv;.. Son First choice Second choice hird choi Fourth choice Signature _ Date 10 7-9-t7— Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR F:evised 8102 Other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; RE- APPOINTING BRENDA J. YATES TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the City Commission desires to re- appoint Brenda J. Yates to serve for a two -year term on the Planning Board. The appointment shall expire November 6, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby re- appoints Brenda J. Yates to the Planning Board. Section 2. The expiration date of this appointment shall be November 6, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 7th DAY OF NOVEMBER , 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: 9_1 x P r� F i.n �vunu ariixuaA R 1 o r i d it 2001 CITY OF SOUTH MIAMI BOARDICOMMITTEE APPLICATION 6130 Sunset Drive Phone No. 305 - 663 -6340 South Via* FL 33143 v Fax No. 305 -663 -6348 1. Name: f � l —I ES (Please Drint) 2. Home Address: 1 _ 3. Business Address: - 4. Home Phone No. Business Phone No. —. Fax No. 5. E-mail Address: - 6. 7. Community Service: -1 o LL&cr iee( o-1 Calk n+ Eler,,,en421 �t�.Nl�'t�` -t SOKavL��/- 1G1lEIi� }�iYCt4$1C?E �GCM�/�T�4�E"� i 8. Are you a registered voter? Yes No 9. Are you a resident of the City? Yes V No 10. Do you have a business in the City? Yes No ✓ 11. Ethnic Origin? / White Non - Hispanic ✓ African American _ Hispanic American_ Other 12. I am interested in serving on the following boards) /committee(s): pLAwt& G OPI(�O First choice Second choice Third choice Fourth choice Signature _ _ _ _ Date � - Applicant A THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 8102 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 BOARDS AND COMMITTEES; RE- APPOINTING HENRY FARFAN 6 TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO 7 YEARS ENDING NOVEMBER 6, 2008; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Mayor and Commission recognize the important 11 contributions made by those who serve on the various city boards and 12 committees, and wish to appoint a full complement to each of the 13 active boards and committees; and 14 15 WHEREAS, the City Commission desires to re- appoint Henry Farfan 16 to serve for a two -year term on the Planning Board. The appointment 17 shall expire November 6, 2008 or until a successor is duly appointed 18 and qualified. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 21 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 22 23 Section 1. The City Commission hereby re- appoints Henry Farfan to 24 the Planning Board. 25 26 Section 2. The expiration date of this appointment shall be 27 November 6, 2008 or until a successor is duly appointed and qualified. 28 29 Section 3. This resolution shall take effect immediately upon 30 approval. 31 32 PASSED AND ADOPTED THIS DAY OF , 2006 33 34 35 ATTEST: APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 Mayor Russell: 42 Vice Mayor Palmer: 43 Commissioner Wiscombe: 44 Commissioner Birts- Cooper: 45 Commissioner Sherar: 46 READ AND APPROVED AS TO FORM: 47 48 49 CITY ATTORNEY Nov -30 -2005 04:10pm From- . 'rte �N.�•RrU(AltI �p 1 vr7 YH t. 1 <) it Vat T -405 P.002/002 F-879 / - AN-Amides Of 2001 CITY OF SOUTH MIAMI BOARDIC044MITTEE APPLICATION 6130 Sunset L' rive Phone No. 30S- 663 -6340 South Miami, FL 33143 Fax No. 30S -663 -6348 1. Name: Henry Farfan (Please print) 2. Home Address: , 3. Business Address: 4. Home Phone No. Business Phone No. - Fax No. 5. E -mail Address: 6. Education Background: University of Miami: Master of Business Adminisn ation. 2002 University of Florida: Bachelor of Science in Business Administration. 1997 7. Community Service: City of South ]Miami budget Review Committee, 2005 Miami Children's Hospital. 2001 S. Are you a registered voter? Yes x No 9. Are you a resident of the City? Yes x No 10. Do you have a business in the City? Yes x No 11. Ethnic Origin? White Non - Hispanic, African American Hispanic American x Other 12, I am interested in serving on the following board(s)jeommittee(s): Planning Board Commercial Devalopme-nt Board Signature - Date 11/30/05 Applicant Revisrd sroz THIS APPLICATION WILL REMAIN ON VILE FOR ONI% YEAR ECEIVENE a M i NOV 3 0 2005 jo CITY CLERK'S OFFICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING NANCY W. YOUNG TO SERVE ON THE PLANNING BOARD FOR A TERM OF TWO YEARS, ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the City Commission desires to appoint Nancy W. Young to serve for a term of two years on the Planning Board. The appointment shall expire November 6, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby appoints Nancy W. Young to the Planning Board. Section 2. The expiration date of this appointment shall be November 6, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 7TH DAY OF NOVEMBER 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: .� South Miami c{ F l o r i d a Ail- Amsrls:s filly B 2001 CITY OF SOUTH MIAMI BOARDICOMM17 TEEAPPLICAT /ON 6130 Sunset Drive Phone No. 305- 663 -6340 South Miami, FL 3314 Fax No. 305 -663 -6348 s 1. Name: (Please printl, . 2. Home Address: 3. Business Address: 4. Home Phone No. _ Business Phone No. _ Fax No. 5. E -mail Address 6. Education/Degree Earned: Pertinent Experience:e o Field Expertise: 7. Community S ire: l/JL_ 8. Are you a registered voter? Yes !-`� No 9. Are you a resident of the City? Yes ` No 10. Do you have a business in the City? Yes No 6---' 11. Ethnic Origin? White Non-Hispanic_ African American Hispanic American Other 12. I am i rested in serving on the following board(s) /committee(s): First Choi Second choice Thy choice Fourth choice / Signature ., _ Date OTC W Applicant THIS APPLICATION WILL REMAIN ON FILE FOR ONE YEAR Revised 4/06 Nancy Wilson Young EXPERIENCE ■ August 1991 — Present Professor of Reading, College Prep Department, Miami -Dade Community College ■ 1990-1991 Adjunct Instructor of Reading, Kendall Campus, Miami -Dade Community College October 1983 August 1991 Employment Administrator, Department of Human Resources, Miami -Dade Community College Responsible for the college -wide coordination of personnel recruitment and employment programs to provide qualified applicants for professional, technical support, and clerical staff positions. Prepared, wrote, scheduled, and disseminated job announcements through local, state, and national advertising. Closely monitored employment activities for compliance with federal and state regulations. Served as advisor to employment screening committees; negotiated salary with line supervisors and managers for new placements; represented the College at community career and job fairs; served on College standing committees; and participated in other professional meetings. • March 1980 -- October 1983 Director of Personnel and Operations, Interval International, Miami, Florida Implemented personnel and operational policies, procedures and guidelines. Handled all phases of personnel matters for the company: interviewing, reference checks, orientation, benefits, employee manual, classified advertising, job descriptions, job performance appraisals, and dismissals. Served as department head supervising a staff of five. Responsible for all office supplies and materials; incoming and outgoing mail; ordering of office furniture and equipment; and the handling of operational decisions and problems. • June 1970 -- February 1980 Assistant Director of Admissions, University of Miami, Coral Gables, Florida Administratively responsible for the admission of all international /foreign and minority students, respectively to the University. Principal administrative responsibilities included interviewing, recruiting, and evaluating all applicants and their academic credentials, and staff personnel interviewing and performance evaluations. Extensive travel. Active speaker and participant in conferences, workshops, seminars, and professional associations. • September 1969 —June 1970 Administrator, Pearson Hall Complex, University of Miami, Coral Gables, Florida Principal responsibilities included advising and counseling students with respect to various academic and social problems. Additionally, was charged with the administration and supervision of resident advisors in the Pearson Hall Complex. Summer of 1968 —1969 Master Instructor, Miller School, Waldoboro, Maine Responsibilities entailed curriculum planning, program development, new innovative classroom instructional methods and techniques. September 1965 —June 1967 Instructor Wateree Elementary School, Lugoff, South Carolina Responsibilities entailed diagnosing and prognosing reading difficulties and development of ameliorative methods and techniques for reading improvement. EDUCATION ■ 2001 Master Teacher Seminar, MDCC ■ 2001 Glidden Curriculum in Higher Education, Learning Styles ■ 2001 Adams State College, Course: The Educational and Therapeutic Use of Journaling in the Classroom (Graduate Credit) ■ June 1990 — March 1991 TET I and TET II Reading, Barry University, Miami, Florida • June — December 1989 Introduction to Micro- Computer Usage: WordPerfect; Basic Counseling Skills, Record Management & Information Systems, Accreditation (PMR) • March — April 1988 Certificate Program in Professional Human Resources, University of Miami • March — April 1985 Basic Computer Course, Coral Gables, Florida ■ March - April 1980 Principles and Practices of Real Estate, Part I, University of Miami ■ 1969-1970 Master of Education Degree in Reading, University of Miami ■ Summer 1968 Graduate Study, George Peabody College for Teachers, Nashville, Tennessee ■ 1961 -1965 Bachelor of Science Degree in Education, Claflin College, Orangeburg, South Caroling, Cum Laude ■ Other: Continual participation in professional workshops and conferences CONDUCTED COLLEGE RECRUITING TRIPS TO: England, France, Germany, Belgium, The Netherlands, Italy, Denmark, Sweden, Greece, Switzerland, The Bahamas, Jamaica, Haiti, Santo Domingo, Columbia, S.A., West Africa, and Trinidad ACCOMPLISHMENTS Selected to Who's Who Among America's Teachers, 2002 Listed in Outstanding Young Women ofAmerica, 1974 Leadership Development Award Fund for the Advancement of Education, Ford Foundation Fellow, 1968 —1969 Selected to Who's Who Among Students in American Colleges and Universities, 1965 AFFLIATIONS Elected to 2003 — 2005 College Academic & Student Support Council (CASSC) Member: New World Symphony, Board of Directors; Dade County Chapter of Links, Inc.; Florida Association of Community Colleges (FACC); United Faculty of MDCC; City of South Miami Health Facilities Authority; Board of Trustees, Claflin University Life Member: Claflin University International Alumni Association; NAACP 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING HENRYKA MANES TO SERVE ON THE COMMUNITY RELATIONS BOARD FOR A TWO YEAR TERM ENDING NOVEMBER 6, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a full complement to each of the active boards and committees; and WHEREAS, the City Commission desires to appoint Henryka Manes to serve for a two -year term on the Community Relations Board. Appointment shall expire November 6, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby appoints Hanryka Manes to the Community Relations Board. Section 2. The expiration date of this appointment shall be November 6, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 7 S DAY OF NOVEMBER , 2006 ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: 8' ECEIVE SEP 2 2 2006 CITY .CLERK'S OFFICE taui11 41Aain1 V l a r 1 d 11 M- Amsfts Clay s ±nnt C17Y OF SOUTH M►AM► BOARD/COMM►TTEE APPLICATION 6130 Sunset Drive Phone No. 305 -663 -6340 South Mia* FL 33143 Fax No. 305 -663 -6348 1. Name: Ile ii 1-71 a / "//TN2S 2. 3. 4. 5. 6. 7. / (Please print) Home Address: Business Address: mp Home Phone No. _ , _'3usiness Phone No. _ - Fax No, — E -mail Address: 8. Are you a reiistered voter? Yes No X 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yeses,, , No 11. Ethnic Origin? White Non - Hispanic African American — Hispanic American Other 12. 1 am interested in serving on the following board(s) /committee(s): t � / vs rl �Gt'Jl�t/` L ClrSes oaf 5- /� �S /�1 Signature Date �� Z Z —0 Appllcan� THIS APPLICA(hON WILL REMAIN ON FILE FOR ONE YEAR Revised 8/02 OGI `tG�/ it U DU GROU t Fu Du Group Inc. Tel. Shanghai Office Miami. FL 33143{ USA Fax Henryka Manes Prior to creating her own consulting firm, Ms. Manes spent eight years as senior executive of a non - governmental organization and created . successful,. turn -key development projects in more than 20 countries in Africa, Asia, Europe, South America and the Middle East. Her projects saved lives and enabled the most destitute communities to build lasting programs in health, human services, economic development, and professional and academic training. She also worked with countries emerging from wars or natural disasters and established emergency medical, physical rehabilitation, orphanage assistance and refugee resettlement programs to rebuild the devastated regions. She received funding and collaborated with many governments, governmental agencies, multilateral institutions and private foundations that include: The World Bank; The United Nations Development Program; the US Agency for International Development; the US Department of State; and the US Department of Agriculture. Her work has attracted the attention of the international press, including the New York Times and Newsweek. In 1996, as an outgrowth of these activities, she founded H. Manes & Associates that later became Fu Du Grou . Inc., when she formed a partnership with a Chinese marketing and corporate service firm based in Shanghai. This partnership is the outcome of a fourteen -year professional association with the Chinese firm. Ms. Manes, her partner, Mr. Park Shen, and their teams provide a complete range of services to European, Japanese and American corporate clients who want to manufacture, market, or sell in China. They also advise them on investments in China and assist Chinese corporate and individual clients in identifying investment opportunities in Europe and the US. The Fu Du Group team sery es all industries:. Ms. Manes focuses primarily on new technology companies in the environmental, bioscience,, and high technology industries. She also continues to assist non - profit organizations in strengthening their capacities. Ms. Mans, a trained art historian, began her career as Assistant Curator of Photography at the Minneapolis Institute of Art. She then founded and directed the H.F. Manes art gallery in Soho, in New York City where she built private collections, and established and promoted the careers of numerous contemporary painters, sculptors and photographers, whose work is now represented in major museums throughout the United States, Europe and Japan. Ms. Manes, who is French, received her B.A. magna cum laude from Macalester College in St. Paul, MN; and did her graduate work at the University of Minnesota, Minneapolis, MN. She later attended business courses at �,e = '� o k t,— ems =Sty's , Y. She is Chairman of The bridge: Stage of the Arts, a multidisciplinary theater cr mp.an.ts �nr'd on tom,- _W4v Ora Board `f `.t attic in a =nnn�i� t ;rn techn -c-lo " �.vtaiYveti, ut.u.. v :: {{�. :.0 i...u.l v : ., e . iutfYV ..i.v:ttivtv.�. 7 company. As ever, she continues to move easily between the business and not-for- profprofit w {r'rr r nsLerrinr{ iRs and �- .let -hood lk -Agies :.4r�:t.�ika 4„'. �r+.rYr Speak s Six {t •�£!t titJ, �} �{ tst �t f F{ tij J {{ {.i and t { {L It kVt.tiitiii�• {4,,�j• g i\.{ {{ 1� E`iit !'Fi:!{ {L✓ S ${ languages and is currently studying Mandarin. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; APPOINTING WALTER HARRIS TO SERVE ON THE COMMUNITY REDEVELOPMENT AGENCY (CRA) ADVISORY BOARD FOR A TWO YEAR TERM ENDING APRIL 17, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Mayor and Commission recognize the important contributions made by those who serve on the various city boards and committees, and wish to appoint a fu11 complement to each of the active boards and committees; and WHEREAS, The City Commission desires to appoint Walter Harris to serve for a two - year term on the Community Redevelopment Agency (CRA) Advisory Board. Appointment shall expire November 6, 2008 or until a successor is duly appointed and qualified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission hereby appoints Walter Harris to the CRA Advisory Section 2. The expiration date of this appointment shall be November 6, 2008 or until a successor is duly appointed and qualified. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED THIS 7t` DAY OF NOVEMBER , 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: 9 Walter Harris SENT BY: CITY OF SOUTH MIAMI; 305663634 •• i „r y�i � 4 ♦�tlk' x CITY OF sourm AnAmi 6130 Su et Dry W South Miami, FL 33143 1.. Name: IV (�t�e aria 2. I1ome Addreat: 3. Business Address• 4. Rome Phone No. - - S. E-mail Address: 6. Educat en(Degree Earned: Work Experience::L4tu-' X Z - Field Expertise: ihi (n A 7. Community Servicei S. Are you a registered voter? 9. Are you a resident of the City? I ! to. Do yon have a basineta in the City? 11. Ethnic Origin? White Non- HispanicAfrican American i 12. I am interested in tervQng on the following b C, (2 A Airet choke , ” kd chsla Signature - Applicant THIS APPLICATION WILL REM Rsvlsed M6 am E CE I VE OCT 2 5 2005 CITY CLERK'S OFFICE � 305 - 665 -8603 P•1 OCT -25 -06 1:37PM; PAGE 1(i iF t a r t s 2011 %0UNITTEE APPLICATIOIII Phone No. 305 -60 -6340 Fax Na 305 -663 -6348 i ants Phone No. _ N#L P P yV No Yes Nu Yes V No Hispanic American_ Other l(sycommittee(t): Sacowd eMoico Founh c" f Date pN FTLE FOR ONF YEAR P P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY COMMISSION MEETINGS; RESCHEDULING THE NOVEMBER 21, 2006 CITY COMMISSION MEETING TO NOVEMBER 28, 2006; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances provides that the City Commission shall hold regular meetings at 7:30 p.m., on the first and third Tuesdays of each month except for June and July; and WHEREAS, Section 2 -2.1 of the City of South Miami Code of Ordinances also provides that regular meetings may be otherwise postponed, cancelled or reset only by Resolution adopted by a majority of the entire membership of the City Commission; and 20 WHEREAS, due to the Thanksgiving Holiday falling on the week of the second meeting 21 of the City Commission for the month of November, the Mayor and City Commission desire to 22 reschedule its regular meeting of Tuesday, November 21, 2006 to Tuesday, November 28, 2006. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The regular City Commission meeting for Tuesday, November 21, 2006 has been rescheduled to Tuesday, November 28, 2006. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 2006 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: /D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $30,752.24; CHARGING $309752.24 TO ACCOUNT NO. 001 -1500- 514 -3410, LEGAL SERVICES, NON - RETAINER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending September 28, 2006, in the amount of $30,752.24; and, WHEREAS, as of September 28, 2006, the existing balance on city attorney account no. 001 - 1500 -514 -3410, legal services, non - retainer, is $122,350.68. WHEREAS, the office of the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $30,752.24 are approved for payment; charging $30,752.24 to account no. 001 - 1500 -514 -3410, legal, non - retainer. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of October, 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo Nagin Gallop Figueredo, P.A. Office of the City Attorney APPROVED: _: • COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Beckman: Commissioner Birts: Commissioner Palmer: Additions shown by underlining and deletions shown by eking. 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854 -5353 Miami, Florida 33157 -6416 Facsimile. (305) 854 -5351 October 12, 20006 Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami — Legal Services, Retainer Dear Ms. Hussein; Enclosed is our statement for retainer fees and costs advanced for the period ending September 28, 2006. Included is our requisition no. 2, FY 2006 -07, pertaining to the costs billed in the amount of $563.97. Costs on the retainer account are charg ed to city attorney account no. 001- 1500 - 514 -3410, other contractual services— consulting legal As of October 9, 2006, the balance is $122,350.68. Please issue a check payable to Nagin Gallop Figueredo, P.A. representing payment of I!, these costs. Please do not hesitate to contact me if you have any questions regarding the subject matter of this letter. Very trul ui i eredo L LRF:Icm Enclosure cc: Mayor and City Commission i CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP FIGUEREDO, P.A. Req. No. 2, FY 2006 -07 Date: October 12, 2006 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total 1 1 Other Contractual 001 -1500- 514 -3410 $563.97 $563.97 Services- Consulting Legal TOTAL $563.97 4 Purchase Order No. I Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The zagSufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department City Manager NAGIN GALLOPFIGUEREDOP". Attorneys & Counselors Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice, interest at a rate of 1.6% per month will be charged ff payment is not received within 30 days. 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Finance Director September 28, 2006 Adriana Hussein Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive invoice Number 18682 City of South Miami, FL 33143 Hours Amount 8/31/2006 EAB Edited letter regarding parking and permits (MRP). 0.40 80.00_ 9/1/2006 EAB Attention to windstorm insurance resolution; analyzed and edited 1.00 200.00 response to Suarez EEOC charge of discrimination. 9/5/2006 LRF Reviewed all matters in Agenda and attended City Commission 6.50 1,300.00 Meeting. 9/11/2006 LRF Received and reviewed resolution and supporting documentation on 0.50 100.00 Land Development Code. 9/11 /2006 LRF Received and reviewed resolution and supporting documentation on 0.50 100.00 Land Development Code for the construction of Scenic Overlook/Fishing Pier. 9/11/2006 LRF Received and reviewed Resolution and supporting documents on 0.50 100.00 Agreement between DSM and Caballero & Castellanos. 9/12/2006 LRF Received and reviewed Landscaping Resolution together with 0.50 100.00 supporting documents. 9/12/2006 LRF Review of documents, preparation and attendance at Budget 6.00 1,200.00 Meeting. 9/12/2006 EAB Drafted school crossing guard resolution; and attention to finance 0.60 120.00 annual reporting requirement and email communications with Ms. Adriana Hussein regarding same. 9/14/2006 EAB Attention to windstorm resolution and YMCA contract; and provided 1.20 240.00 comments to same. 9/15/2006 EAB Attention to and analysis of YMCA contract. 0.40 80.00 9/19/2006 LRF Meeting with Mayor re: various pending matters. 1.50 300.00 9/21/2006 LRF Meeting with Yvonne McKinley re: general City business. 0.50 100.00 9/22/2006 LRF Meeting with Yvonne McKinley re: general City business. 2.50 500.00 9126/2006 LRF Preparation and attendance at City Commission Meeting. 7.50 1,500.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice, interest at a rate of 1.6% per month will be charged ff payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -001 Statement Number 510.52 18.63 7.20 3.66 6.43 3.21 6.82 1.00 6.50 Page: 2 6,020.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Total Professional Services Rate Summary Luis R. 26.50 Hours at 200.00/hr 5,300.00 Eve A. Boutsis 3.60 Hours at 200.00/hr 720.00 - Total hours: 30.10 Expenses 8/1/2006 Database Legal research 8/18/2006 Courier charge 9/5/2006 Mileage 9/14/2006 Mileage 9/15/2006 Mileage 9/19/2006 Mileage 9/20/2006 Mileage 9/20/2006 Certified Copy 9/28/2006 Photocopies for the month of September 2006. 510.52 18.63 7.20 3.66 6.43 3.21 6.82 1.00 6.50 Page: 2 6,020.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -001 Statement Number Page: 3 For Professional Services 6,020.00 For Disbursements Incurred 563.97 Current Balance: 6,583.97 To be properly credited, please indicate Invoice Number on your remittance check. Adriana Hussein Interim Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES — Non-Retainer City of South Miami Dear Ms. Hussein: Enclosed are our statements for professional services rendered and for costs advanced for the period ending September 28, 2006, in the amount of $30,752.24, and requisition no. 1, FY 2006-07. 1 have tabulated the amounts currently due on each individual file as follows: City Attorney Account No. 001-1500-514-3410, Legal Services, Non-Retainer Account balance as of October 7, 2006 is $122,350.68 0022-002 Real Estates and Contracts Invoice No. 18683 dated 09128106 Prof I Services Disburesments Total Due $ 120.00 120.00 0022-083 Planning Board Invoice No. 18685 dated 09128106 Prof I Services Disburesments Total Due $ 3,540.00 0.00 3,540.00 0022-137 Special Master Invoice No. 18687 dated 09128106 Prof I Services Disbursements Total Due $ 2,080.00 65.05 2,145.05 0022-171 Forfeiture of Currency Invoice No. 18689 dated 09128106 Prof'l Services Disbursements Total Due $ 11.60 11.60 Adriana Hussein, Interim Finance Director CITY OF SOUTH MIAMI September 7, 2006 Do not hesitate to call me if you have any questions regarding these statements. LRF:Icm Enclosures cc: Mayor and City Commission Page 2 of 2 0022 -182 Dabby Properties v. CSM Invoice No. 18693 dated 09128106 Prof l Services Disbursements Total Due $ 19,400.00 976.37 20,376.37 0022 -184 Ezell Williams v. CSM Invoice No. 18695 dated 09128106 Prof l Services Disbursements Total Due $ 2,360.00 6.77 2,366.77 0022 -185 EEOC Matter: Oscar Suarez Invoice No. 18620 dated 08131106 Prof l Services Disbursements Total Due 620.00 1,572.45 2,192.45 Total 30,752.24 Do not hesitate to call me if you have any questions regarding these statements. LRF:Icm Enclosures cc: Mayor and City Commission Page 2 of 2 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 1, FY 2006 -07 Date: October 12, 2006 Finance Department Item No. Quantit Description and Specifications Account Number Unit Price Total 1 7 Legal, Non - Retainer 001 -1500- 514 -3410 $30,752.24 $30,752.24 TOTAL $30,752.24 Purchase Order No. I Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes C Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) [Rewd'of De artment I Finance Department I City Manager NAGIN GALLOP FI GUEREDOP. A. Attorneys Fa Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 28, 2006 Adrian Hussein Matter ID: 0022 -002 Finance Director Real Estate & Contracts City of South Miami 6130 Sunset Drive Invoice Number 18683 City of South Miami, FL 33143 Hours Amount 8/31/2006 EAB Attention to revised auditor rfp and telephone conference with Ms. 0.60 120.00 Vazquez regarding same. Total Professional Services 120.00 Rate Summary Eve A. Boutsis 0.60 hours at $200.00/hr 120.00 Total hours: 0.60 For Professional Services 120.00 For Disbursements Incurred 0.00 Current Balance: 120.00 Previous Balance: 1,160.00 Payments - Thank you 0.00 Total Due 1,280.00 Invoice Number: 18683 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGEREDO�" Attorneys & Counselors 18001 Old Cutter Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 28, 2006 Adriana Hussein Matter ID: 0022 -083 Finance Director Planning Board City of South Miami 6130 Sunset Drive invoice Number 18685 City of South Miami, FL 33143 Hours Amount 9/18/2006 LRF Receipt and review Resolutions sent via facsimile by Mr. Don 0.50 100.00 O`Donniley re: Exception to Development of Bakery Center. 9/20/2006 LRF Dealing with issues on cadaver exhibition. 3.50 700.00 9/21/2006 LRF Dealing with issues on cadaver exhibition. 4.30 860.00 9/22/2006 LRF Dealing with issues on cadaver exhibition. 2.50 500.00 9/25/2006 LRF Dealing with issues on cadaver exhibition. 3.30 660.00 9/26/2006 LRF Dealing with issues on cadaver exhibition. 1.30 260.00 9/27/2006 LRF Dealing with issues on cadaver exhibition. 1.00 200.00 9/28/2006 LRF Dealing with issues on cadaver exhibition. 1.30 260.00 Total Professional Services 3,540.00 Rate Summary Luis R. Figueredo 17.70 hours at $200.00/hr 3,540.00 Total hours: 17.70 Payments 9/26/2006 Payment Check No.: 054486 1,530.00 Sub -total Payments: 1,530.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -083 Statement No.: 18685 Page: 2 For Professional Services 3,540.00 For Disbursements Incurred 0.00 Current Balance: 3,540.00 Previous Balance: 6,920.00 Payments - Thank you 1,530.00 Total Due 81930.00 Invoice Number: 18685 To be properly credited, please indicate Invoice Number above on your remittance check. i Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5°% per month will be charged if payment is not received within 30 days. NAGIN GALLOPFIGUEREDOPA, Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 0.70 140.00 September 28, 2006 Adriana Hussein Matter ID: 0022 -137 Finance Director Special Master Hearings City of South Miami 6130 Sunset Drive Invoice Number 18687 City of South Miami, FL 33143 EAB Telephone conference with Mr. Struder regarding valet parking Hours Amount 8/31/2006 EAB Telephone conference with Ms. Yvonne McKinley regarding 0.70 140.00 pending code enforcement matters; email communications with Mr. Ajibola Balogun regarding same, Mr. Don O'Donniley, Ms. Eva Rosa, and Ms. Sonia Lama regarding same. 9/5/2006 EAB Telephone conference with Mr. Struder regarding valet parking 0.40 80.00 permits and pending code enforcement matters. 9/8/2006 EAB Prepared for and attended Code Enforcement meeting with Mr. 2.50 500.00 • O'Donniley, Mr. Balogun, Ms. Lama, Ms. Rosa, and staff members regarding several code enforcement policy issues, recommendations, and decisions. 9/11/2006 EAB Telephone conference with Ms. Ginger Buchser re: Roberto 1.20 240.00 Sarabia; and email communications with staff (Mr. O'Donniley, Ms. Rosa, etc) regarding same; and prepared memorandum to manager and staff regarding pending policy issues including relating to: PW ROW, parking in ROW, PW permits, and ERPB compliance; and attention to invoice issue for hurricane cleanup. 9/13/2006 EAB Telephone conference with Mr. George Lott; attention to release of 0.40 80.00 liens; and email communications with Ms. McKinley and Ms. Rosa regarding same. 9/14/2006 EAB Attention to code enforcement violations; telephone conference 0.40 80.00 with Mr. Alan Rosenthal, re: 5891 SW 84 ST - Outstanding Code enforcement fines; and email communications with Ms. Rosa regarding same. 9/18/2006 EAB Attention to alleged special use issue in Home Town District and 0.70 140.00 possible violation of code and development agreement; email communications with Oxford and Mr. Estevez of FDOT regarding application requirement of FDOT; meeting with Mr. Balogun regarding same; discussion with Oxford representative /contractor; and attention to ROW /driveway matter with Mr. Rosenbaum; legal research of property records regarding same. 9/19/2006 EAB Telephone conference with Mr. Luis Laucoa of MDC ROW 1.00 200.00 devision; legal research for records on plat, deed restrictions, etc Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.5 °k per month will be charged if payment Is not received within 30 days. Nagin Gallop Figueredo P.A. Matter Ifs: 0022 -137 Statement No.: 18687 Page: 2 on Rosenbaum property; follow -up on obtaining plat information on Rosenbaum property; and email communications with Mr. Balogun regarding same. 9/20/2006 HJM Reviewed file in preparation for special master hearing regarding 0.50 100.00 code enforcement. 9/21/2006 HJM Traveled to and attended special master hearing; reviewed file. 1.80 360.00 9/28/2006 EAB Attention to Oxford Universal and ROW issue at 6141 SW 72nd 0.80 160.00 Street and FDOT permit; email communications with Mr. Balogun regarding same; analyzed Rosenbaum plat; attention to property issue with Mr. Allen Rosenthal regarding the Thomas Armour Youth Ballet and coordinated conference call regarding same, Total Professional Services 2,080.00 Rate Summary H. James Montalvo 2.30 hours at $200.00 /hr 460.00 Eve A. Boutsis 8.10 hours at $200.00mr 1,620.00 Total hours: 10.40 Expenses Courier charge 8.19 Database Legal research 56.86 Sub -total Expenses: 65.05 Payments 9/26/2006 Payment Check No.: 054486 1,880.00 Sub -total Payments: 1,880.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total true Invoice Number: 18687 To be properly credited, please indicate Invoice Number above on your remittance check. 2,080.00 65.05 2,145.05 5,240.00 1,880.00 5,505.05 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. NAGIN GALLOPFIGUEREDORA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 8545353 Facsimile: (305) 854 -5351 September 28, 2006 Adriana Hussein Matter ID: 0022 -171 Finance Director Forfeiture of Currency City of South Miami 6130 Sunset Drive Invoice Number 18689 City of South Miami, FL 33148 Expenses Mileage 6.82 Parking Charge 4.00 9/28/2006 Postage Charge for the month of September 2006. 0.78 Sub -total Expenses: 11.60 Payments 9/7/2006 Write-off Courtesy Write Off 1.02 9/26/2006 Payment Check No.: 054486 47.62 Sub -total Payments: 48.64 For Professional Services 0.00 For Disbursements Incurred 11.60 Current Balance: 11.60 Previous Balance: 645.48 Payments - Thank you 48.64 Total Due 608.45 Invoice Number: 18689 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.50% per month will be charged if payment Is not received within 30 days. NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 28, 2006 Adriana Hussein Matter ID: 0022 -182 Finance Director Dabby Properties v CSM and City of South Miami 6130 Sunset Drive Invoice Number 18693 City of South Miami, FL 33143 Hours Amount 8/31/2006 EAB Telephone conference with Ms. Eva Rosa regarding case no 0.70 140.00 06 -966, complaint by Stuart Auerback and Sushi Maki; no complaints regarding permits; telephone conference with Ms. Sonia Lama and her staff regarding same; telephone conference with Ms. Rosa and Mr. David Struder regarding photographs of area; and prepared memoranda to file regarding same. 9/11/2006 HJM Conducted litigation strategy with Luis Figueredo and Eve Boutsis; 4.80 960.00 continued reviewing appendix and reviewed cases; reviewed cases for response to petition for writ of certiorari. 9/1/2006 EAB Participated in strategy session;and numerous email 3.50 700.00 communications with Mr. Alexander E. Barthet. 9/5/2006 HJM Received and reviewed multiple e-mail correspondence from client 7.80 1,560.00 regarding obtaining permit for valet parking and issue of the fence; and continued reviewing cases cited in petition for writ of certiorari. 9/6/2006 HJM Reviewed file; and reviewed cases cited in petition for writ of 4.20 840.00 certiorari. 9/7/2006 HJM Received and reviewed proposed order on motion for leave to 4.80 960.00 amend complaint; prepared responsive e-mail correspondence to plaintiff's counsel, Ben Reiss; telephone conference with B. Reiss regarding amending complaint and obtaining 20 days to respond; and continued conducting legal research to response to petition for writ of certiorari. 9/8/2006 HJM Continued conducting legal research in preparation of response to 6.80 1,360.00 petition for writ of certiorari; and continued reviewing voluminous record. 9/11/2006 HJM Received and reviewed notice of hearing cancellation regarding 2.30 460.00 motion for leave to amend complaint; reviewed file; and continued conducting legal research. 9/12/2006 HJM Continued conducting legal research on issues for response to 6.80 1,360.00 petition for writ of certiorari. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50% per month wiii be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if paymentis not received within 30 days. Matter ID: 0022 -182 Statement No.: 18693 Page: 2 9/13/2006 LRF Attendance at meeting with George McArdle, Yvonne Mckinley and 2.00 400.00 Adriana Hussein. 9/15/2006 HJM Received and reviewed appellate court's order concerning when 5.80 1,150.00 CSM must respond to petition for writ of certiorari; received and reviewed Alex Whet's notice of appearance; received and reviewed plaintiff's motion for partial summary judgment and affidavit of Stuart Auerbach and correspondence from plaintiff's counsel, Bill Reiss; reviewed file; and reviewed exhibits attached to the affidavit. 9/18/2006 HJM Received and reviewed letter from Mr. Clifford Schulman; 7.30 1,460.00 continued conducting legal research for preparation of response to petition for writ of certiorari: 9/19/2006 HJM Conducted lengthy telephone conference with MRP's new counsel, 7.50 1,500.00 John Hansen regarding status of case; reviewed file; conducted legal research on issues in pettition for writ of certiorari; reviewed file; and commenced preparing response to motion to strike plaintiff's motion for summary judgment. 9/20/2006 HJM Telephone conference with Alan Dimond's office; multiple 3.80 760.00 telephone conferences with MRP counsel, John Hansen; received and reviewed multiple a -mail correspondence from Alex Barthet; received and reviewed multiple a -mails from plaintiff's counsel's office regarding hearing dates; and continued conducting legal research for response to petition for writ of certiorari. 9/21/2006 LRF Meeting with Adriana Hussein and George McArdle. 1.30 260.00 9/22/2006 HJM Telephone conference with Alan Dimond, counsel for Dabby 5.80 1,160.00 regarding motion for extension of time to respond to petition for writ of certiorari; telephone conference with Alex Barthet regarding motion to strike; prepared motion for extension of time; prepared letter to A. Dimond; and continued conducting legal research for response to petition for writ of certiorari. 9/23/2006 HJM Continued reviewing volumnious file; continued conducting legal 4.30 860.00 research on issues for response. 9/25/2006 HJM Received and reviewed MRI's motion for enlargement of time; 0.80 160.00 reviewed file. 9/26/2006 HJM Continued reviewing voluminous adminstrative file in preparation 4.40 880.00 for response to petition for writ of certiorari. 9/27/2006 HJM Received and reviewed order from appellate division on motion for 6.50 1,300-00 extension of time; continued reviewing voluminous file In anticipation of review of same by co- defendant's counsel 9/28/2005 HJM OOReviewed voluminous file in anticipation for review of same by 5.80 1,160.00 co- defendant's counsel. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if paymentis not received within 30 days. Nagin Gallop Figueredo P.A. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. �. Matter ID: 0022 -182 Statement No.: 18693 Page: 3 Total Professional Services 19,400.00 Rate Summary H. James Montalvo 89.50 hours at $200.00/hr 17,900.00 Luis R. Figueredo 3.30 hours at $200.00/hr 660.00 Eve A. Boutsis 4.20 hours at $200.00 /hr 840.00 Total hours: 97.00 Expenses Telefacsimile charge 19.00 Database Legal research 906.17 Photocopies 43.75 Parking Charge 4.00 9/28/2006 Postage Charge for the month of September 2006. 3.45 Sub -total Expenses: 976.37 Payments 9/26/2006 Payment Check No.: 054486 10,790.85 Sub -total Payments: 10,790.85 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. �. Nagin Gallop Figueredo P.A. Matter ID: 0022 -182 Statement No.: 18693 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Page: 4 19,400.00 976.37 20,376.37 47,372.25 10,790.85 Total Due 56,957.77 Invoice Number: 18693 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please o/gnottiify us within l be charged ra ged 'rf payment ent s question you within regarding days. this Invoice. Interest at a rate of not NAGIN GALLOPFIGUEREDQp� Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Adriana Hussein September 28, 2006 Matter ID: 0022 -184 Finance Director Ezell Williams v. CSM City of South Miami 6130 Sunset Drive Invoice Number 18695 City of South Miami, FL 33143 Hours Amount 9/712006 EAB Attention to interrogatories in Ezell Williams matter; email 0.60 120.00 t' 'th M J ii N d' Rate Summary Eve A. Boutsis Total Professional Services 11.80 hours at $200.00 /hr 2,360.00 100.00 11 II .If If •fi 11 60.00 80.00 KUC =-50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50% per month will be charged if payment is not received within 30 days. communtca ions wl Q. eane a avarro regar mg same. 9/13/2006 EAB Attention to Ezel Williams discovery (interrogatories and 0.50 production); and email communications with Ms. Navarro regarding same. 9/1412006 EAB Email and telephone conference with Ms. Navarro, Ms. Ana 2.50 Garcia, and Mr. Ajibola Balogun; drafted interrogatory responses, follow up with staff regarding same; and attention to request for production. 9/15/2006 EAB Communications with Mr. Balogun regarding interrogatory 3.00 responses; analyzed production by Ms. Navarra and Ms. Garcia;. email communications with Mr. McDuff; began drafting interrogatory responses for Ms. Navarro and Mr. Balogun' scheduled follow up meeting with staff regarding same; and attention to request for production; telephone conference with Ms. Garcia; telephone conference with Mr. Rick McDuff, and follow up on numbering production. 9/18/2006 EAB Prepared response to request for production; revised interrogatory 4.50 responses; meeting with Mr. Balogun and Ms. Navarro regarding Interrogatory responses; telephone conference with Mr. McDuff regarding same; and follow up with Mr. Balogun. 9/19/2006 EAB Attention to finalization 0.30 9/28/2006 EAB Attention to production issues; email communications with Mr. 0.40 McDuff and Brittian, Mr. McDuff's paralegal .regarding production. Rate Summary Eve A. Boutsis Total Professional Services 11.80 hours at $200.00 /hr 2,360.00 100.00 11 II .If If •fi 11 60.00 80.00 KUC =-50 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.50% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A. Invoice Number: 18695 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. Matter ID: 0022 -184 Statement No.: 18695 Page: 2 Total hours: 11.80 Expenses Mileage 2.57 9/28/2006 Postage Charge for the month of September 2006. 4.20 Sub -total Expenses: 6.77 Payments 9/2612006 Payment Check No.: 054486 360.00 Sub -total Payments: 360.00 For Professional Services 2,360.00 For Disbursements Incurred 6.77 Current Balance: 2,366.77 Previous Balance: 360.00 Payments -Thank you 360.00 Total Due 2,366.77 Invoice Number: 18695 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. Interest at a rate of 1.6% per month will be charged if payment is not received within 30 days. NAGIN GALLOP FIGUEREDOPA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 September 28, 2006 Adriana Hussein Matter ID: 0022 -185 Finance Director EEOC Matter: Oscar Suarez City of South Miami 6130 Sunset Drive Invoice Number 18696 City of South Miami, FL 33143 Hours Amount 9/1/2006 HJM Revised and edited response to EEOC letter; reviewed and 2.90 580.00 amended exhibits. 9/8/2006 HJM Telephone conference with EEOC investigator to determine If 0.20 40.00 response was received. Rate Summary H. James Montalvo Total hours: Expenses Database Legal research Photocopies Courier charge Mileage Total Professional Services 620.00 3.10 hours at $200.00mr 3.10 Sub -total Expenses: 1,155.31 380.75 29.95 6.44 1,572.45 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5°% per month will be charged If payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -185 Statement Na 18696 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 620.00 1,572.45 2,192.45 19,320.00 0.00 Total Due 21,512.45 Invoice Number: 18696 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. so Ur South Miami AHmeftaCky U I I® • INCORPORATED CITY OF SOUTH MIAMI RJo OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Maria Menendez, City Cler Date: November 7, 2006 Agenda Item No.: Subject: Purchase of laptop computers for the City Commission Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE FIVE (5) LAPTOP COMPUTERS FROM DELL, AS APPROVED IN THE FISCAL YEAR 2006/07 BUDGET; IN AN AMOUNT OF $10,332.10 TO BE CHARGED TO ACCOUNT NUMBER 001 - 1100 -511 -6430, PROVIDING AN EFFECTIVE DATE Request: To authorize the City Manager to purchase 5 laptop computers from Dell. Reason/Need: As approved during the budget process, the proposed five (5) laptop computers will be issued to the City Commission members for City business only. Cost: $10,332.10 Funding Source: Account number 001 - 1100 -51.1 -6430 with account balance of $10,500.00. Backup Documentation: ❑ Proposed Resolution ❑ Quotation ❑ Dell's State Contract 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY; MANAGER TO PURCHASE FIVE (5) LAPTOP COMPUTERS FROM DELL, AS APPROVED IN THE FISCAL YEAR 2006/07 BUDGET; IN AN AMOUNT OF $10,332.10 TO BE CHARGED TO ACCOUNT NUMBER 001 - 1100 -511 -6430, PROVIDING AN EFFECTIVE DATE. WHEREAS, during the 2006 -2007 fiscal year budget process; the City Commission discussed the need to purchase laptop computers for members of the City Commission to be used solely for City business; and WHEREAS, the purchase of one (1) laptop computer for each member of the ,City Commission was approved with the 2006 -2007 budget; and ` WHEREAS, the laptop computers will be purchased from Dell by "piggybacking" on their current State contract. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1. The City Manager is hereby authorized to purchase five (5) laptop computers for the City Commission in an amount of $10,332.10. A copy of the purchase order to the state Dell Contract is incorporated by reference and attached hereto as exhibit 1. Section 2. The disbursement for the purchase to be charged.10 account number 001- 1100 -511- 6430, titled "Equipment Operating," with current balances of $10,500. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of November, 2006. ATTEST: CITY CLERK Luis R. Figueredo, P.A. Nagin Gallop & Figueredo, P.A. Office of City Attorney APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Buts: Commissioner Beckman: :.b. ,. IT Hardware / State Term Contracts / State Contracts, Agreements and Price Lists / Vend... Page 1 of 2 Skipµtcr Fain Content. Please Contact _Us if there is anything we can do to improve the Accessibility of this page. Rate this Contract View Survey Results Contract Name IT Hardware Contract Number: 250- 000 -03 -1 Effective Dates: 08/01/2002 through 12/31/2007 When issuing a purchase order use commodity class: 250 Contract Summary RF.Information and Form Instructions Price Sheets Personal Computers Servers Storage Devices Pri nters Videaconferencina Systems and Video Bridging Equipment Firewalls o Amendments Complete Contract Microsoft Word PDF MyFioridaMarketPlace Users Contract Administrators) http:// dms. myflorida .comlbusiness_Operations state_ pur6hasinglvendor _informationIstate... 10/27/2006 TT Hardware / State Term Contracts / State Contracts, Agreements and Price Lists /'Vend... Page 2 of 2 For further information please contact a contract administrator: Jeff Racklev • Telephone: 850- 487 -4196 • Ernail:JefF.Racklev@dms. orida.com • SunCOm :277 -4196 October 27, 2006 IT Hardware • CQM aAWS mMary • RFQ - Mandatory - RFQ Information and Eorm Tn ,tractions Price Sheets - Personal Computers • Price Sheets Servers • Price Sheets - Connectivity Devices • Price Sheets - Uninterruptible Power Supplies and Surge Suppressors Price Sheets - Storage Devices . • Price Sheets - Printers • Price Sheets - Videoconferencina Systems and Video Bridging E ui merit • Price Sheets - Firewalls • Contractors • Amendments • Complete Contract - Microsoft Word • Complete Contract - PQF • MyFloridaMarketPlace Users Return to State Contracts,,_AgregjM nts and Pr ce_Lists Terms and Conditions. I Help Desk I Privacy Statement I Accessibility I Website Feedback I Copyright 02006 Department of Management Services - State of Florida hup: / /dms.myflorida.com/business operations / state , purchasing /vendar� information/state... 10/27/2006 Contractors / IT Hardware / State Term Contracts / State Contracts, Agreements and Price... Pagel of 4 S_to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this page. Rate this Contract View Survey Results Contractors Kom AA Ace Computers AA Acer America fA) ADIC V Adtran, Inc. (A Aethra, Inc. A American Power Conversion (A) Apple Computer (A) Avaya (A CDW -G (Toshiba) (A) Cisco A Conditioned Air and Power Inc LLiebert) (A) D-011-(A) Eaton A EMC A Enterasys Epson A Ericsson (A) Executive Source -(A Extreme Networks (A1 Foundry (Al Fujitsu Computer Systems_(Aj Gatewav (A Hewlett-Packard AA Howard Com u� ters IBM.__(A IKON Office Solutions (A) Impression Solutions Inc. (Kyocera Mitt (A) Innovative Tech, Inc. A Insight Public'Sector (Formerly Comark) ( Juniper Networks Inc. A Lenovo (A) Lewis Digital, Inc. (Monica Minolta) (A) Lexmark (A) Minolta- QMSJA) Motorola A MPC -G (formerly Micron) (A) ht tp:l /dms.myflorida.comlbusiness_ operations / state_purchasing lvendor_informationlstate... 10/27/2006 City of South Miami No. CC2035 6130 Sunset Drive, South Miami, Florida 33143 REQUISITION DATE: October 30, 2006 VENDOR: Dell CONFUUWATION I II:i641ki'.1:ir7:v001017 MILYAIaON =U81 :aUII No! EXIIh"41CF1161MONr FOR: City Clerk DELIVER TO REQUIRED DELIVERY DATE: ASAP I II:i641ki'.1:ir7:v001017 MILYAIaON =U81 :aUII No! EXIIh"41CF1161MONr ACCOUNT UNIT ITEM NO'S QUANTITY DESCRIPTION AND SPECIFICATIONS TO BE PRICE TOTAL COST CHARGED 5 Laptop for City Commission (See $2,066.42 $10,332.10 attached quote) TOTAL $10,332.10 PURCHASE TERMS/DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL, CODING OF ACCOUNTS APPROVED - PURCHASES AS ABOVE APPROVED AND ISSUANCE OF EQUIPMENT, OR SERVICE IS ESSENTIAL AND A PROPER PURCHASE ORDER AUTHORIZED REQUEST AGAINST THE CODES CHARGED. SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED.) BEAD OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER The Dell Online Store: Build Your System - State and Local Government Florida State Store Systems Software & Peripherals You are here: 0 Premier Home Review Summary 1. COMPONENTS Insp Print Summary Date: 10123120061 Please Take a Moment to Review Review Your Inspiron 6400 Florida Links Contact 6 Inspiron 6400 IntelO CoreTA° 2 Duo processor T7400 (4MB Cache /2.16GHz /667MHz FSB), Genuine - Windows® XP Professional SYSTEM OPTIONS Inspiron 6400 Operating System (Office software not included) Operating System Re- Installation CD LCD Panel Memory Combo or DVD +RW Drive Video Card Enhanced Software for CD or DVD Burner Hard Drive Sound Options Floppy Drive and Additional Storage Devices Primary Battery Carrying Cases Office Productivity Software (Pre - Installed) External Keyboard Digital Music Page 1 of 3 Q E- Quotes 2. REVIEW SUMMARY Date & Time: 10/10/20 Intel® Core TM 2 Duo processor T7400 (4MB Cache /2.16GHz /667MHz FSB) Genuine Windows® XP Professional Genuine Windows® XP Professional re- installation CD 15.4 inch Wide Screen XGA Display with TrueLifeTM 1GB Shared Single Channel DDR2 SDRAM at 533MHZ, 1 DIMM 8X CD /DVD Burner (DVD + / -R" with double -layer DVD +R write capability 128MB ATI MOBILITYTm RADEONO X1300 HyperMemoryTM None 60GB 5400rpm SATA Hard Drive Integrated Audio External USB Floppy Drive 53 WHr 6 -cell Lithium Ion Primary Battery Dell Nylon Deluxe Carrying Case No Pre - installed software None None Unit Pri( http : / /premierconfigure.us. dell. com/ dellstore /Config.aspx ?— tgt =cfg &c= us &ci =W 1677 &cs... 10/10/2006 The Dell Online Store: Build Your System - State and Local Government Anti - Virus /Security Suite McAfee Security Center w/ VirusScan, Firew all and Privacy, 90 -day trial (Pre installed) Financial Accounting No QuickBooks package selected Software Digital Imaging Corel Photo AlbumTm 6 Starter Edition - Organize and Edit your photos Dial -Up Internet Access No ISP Requested Carrying Cases - Shipped None Separately Adobe Software Adobe® Acrobat® Reader 7.0 Port Replicator None Wireless Networking Dell Wireless 1390 802.11 b/g Mini Card (54Mbps) Cards Mobile Broadband None External Monitors None QuickSnap Options None Additional Power Adapter None Notebook Accessories None Power Protection None Installation Services None Dell Recycling None Portable USB Hubs None Future Operating Windows VistaTm Capable Systems Optional Support Gold Technical Support, Inspiron, 3 Year Services Limited Warranty, 3 Year Limited Warranty plus 3 Year NBD On -site Service and Services and Support CompleteCare Options Bluetooth Options None Also included in this system The following options are default selections included with your order - Intel Core 2 Duo Processor - Integrated 10/100 Network Card and Modem Page 2 of 3 Preliminary Ship Date: 10/23120061 1. COMPONENTS 2. REVIEW SUMMARY Please note that this Microsoft software product may use technological measures for copy protection. In such event, you will not be able product if you do not comply with the product activation or reactivation procedures, which may be completed by Internet or telephone (toll apply). Configuration, pricing, and monthly payment information above is estimated and presented for your convenience only. All pricing, shippir monthly payment information is subject to change without notice. Final order specifications and amounts, including tax and shipping, will I http: / /premierconfigure.us. dell. com/ dellstore /config.aspx ?— tgt= cfg &c =us &ci =W 1677 &cs... 10/10/2006 The Dell Online Store: Build Your System - State and Local Government Page 3 of 3 communicated following receipt of your online order. Dell will not be responsible for typographical or other errors or omissions regarding K information. Products displayed are available to US customers who take delivery in the 50 United States. All sales are subject to Dell's Te Conditions of Sale. Intel, Pentium, Intel Inside and the Intel Inside logo are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the and other countries. The Preliminary Ship Date represents the estimated time it takes to process your order and custom build your computer based on approv The Preliminary Ship Date is not intended to provide you with an actual estimated ship date. You will receive your estimated ship date in confirmation after purchase. Your estimated ship date may vary based upon quantity of computers ordered. You are here: M Premier Home 1 The Preliminary Ship Date represents the estimated time it takes to process your order and custom build your computer based on appr Date is not intended to provide you with an actual estimated ship date. Your estimated ship date may vary based upon the payment metl your Estimated Ship Date in your e-mail confirmation. Customers using E -Check as their method of payment should add 3 days to their I Copyright 1999 -2006 Dell Inc. Battery Recall I About Dell I Conditions of Sale and Site Terms I Privacy Policy I Contact Us I Site Map sn CFG6 http: / /premierconfigure.us. dell. comldellstore lconfig.aspx ?— tgt= cfg &c= us &ci =W 1677 &cs... 10/10/2006 South Miami AII4100CRY " CITY OF SOUTH MIAMI � �NCOR�PZ RATED o Rev OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM- 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: November 7, 2006 Agenda Item No.: Subject: Purchase of Public Works Department's budgeted vehicles with Financing through Bank of America. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A STEP UTILITY VAN, A 26- CUBIC':YARD TRASH TRUCK AND A FORD F250 PICKUP TRUCK FOR $150,112.00 AND ACCEPTING THE INTEREST RATE OF 4.51% FOR THE FINANCING OF THE PUBLIC WORKS DEPARTMENT'S VEHICLES THROUGH BANK OF AMERICA WITH THE FIRST YEAR'S INSTALLMENT PAYMENT OF FIVE PAYMENTS NOT TO EXCEED $32,727.76, TO BE CHARGED TO ACCOUNT NUMBERS 001- 1710 -519 -4455 AND 001 - 1720 -534 -4455; PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the.City Manager to purchase Public Works DepartmeAt's vehicles with finance through Bank of America at 4.51 %o interest rate. Reason/Need: In an effort to maintain our service level, we need to.continue replacing our Public Works Department's fleet. As approved with this year's budget, we are requesting approval to purchase a 2007 Ford Econo -line Step Utility Van, a 2007 SBA 4X2 26 -cubic yard International Trash Truck and a 2007 Ford F250 pickup truck. The current total amount of the attached proposals received for the vehicles is less than the amount approved by Bank of America because, we have yet to receive the cost of safety equipment (Strobe light, wiring of the 2 -way radio, etc) needed for each vehicle. However, we do not expect the cost of the safety equipment to exceed the difference between the approved financing amount and the current total cost of the vehicles. It is our intent to "piggyback" on the attached City of Fort Lauderdale's Purchase Order No. PP- 06006766 for the trash truck. For the 2 ford vehicles, Gus Machado Ford agreed to honor the attached Miami -Dade County bid. Cost: $32,727.76 (First annual payment of 5 payments) Funding Source: Public Works Department's account numbers 00.1- 1710 -519 -4455 and 001 -1720- 534 -4455 with account balances of $9,585.00 and $214,792.00, respectively. Backup Documentation: El Proposed Resolution Q Quotation for each vehicle with "piggyback" documents. D Bank of America's Interest Rate quote ' 1 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION'OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A STEP UTILITY VAN, A 26 -CUBIC YARD TRASH TRUCK AND A FORD F250 PICKUP TRUCK FOR $150,112.00 AND ACCEPTING THE INTEREST RATE OF 4.51% FOR THE FINANCING OF THE PUBLIC WORKS DEPARTMENT'S VEHICLES THROUGH BANK OF AMERICA WITH THE FIRST YEAR'S INSTALLMENT PAYMENT OF FIVE PAYMENTS NOT TO EXCEED $32,727.76, TO BE CHARGED TO ACCOUNT NUMBERS 001 -1710 -519 -4455 AND 001 -1720- 534 -4455; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wish to purchase a Step Utility Van, a 2&-cubic yard trash truck and a ford F250 pickup truck for the Public Works Department; and n, WHEREAS, Bank of America has agreed to finance the vehicles at 4.51% interest rate under the Florida League of Cities Master Lease/Purchase Program; and WHEREAS, the purchase of these vehicles will be accomplished by "piggybacking" on current municipal bids in accordance with purchasing procedures as outlined in the City Charter; and WHEREAS, the total principal & interest is $1.63,638.80 and the annual payment is $32,727.76. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: That the Mayor and City Commission authorize. the.' City Manager to execute a financing agreement at 4.51% interest rate with Banc of America Leasing & Capital, LLC for the financing of a Step Utility Van, a 26 -cubic yard trash truck and a ford F250 pickup truck vehicles /equipment. The financing agreement is incorporated by reference and attached hereto as exhibit 1. Section 2: That funding will be provided through the Public Works Department Lease Purchase accounts; charging $9,585.00 to account code 001 - 1710 -519 -4455 with a currett_,balance of $9,585.00 and charging $23,142.76 to account code 001- 1720 -534 -4455 with a current balance of $214,792.00. Section 3: This resolution shall be effective immediately. PASSED AND ADOPTED this day of November, 2006. APPROVED: ATTEST: MARIA MENENDEZ, CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A., Office of City Attorney — — MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Beckman: Commissioner Birts: Commissioner Palmer: Bmkofftwlm Banc of America Public Capital Corp. GA3- 003 -04 -01 2059 Northlake Parkway, 4t' Floor Tucker, GA 30084 Tel 770.270.8443 Fax 770.270.8565 October 23, 2006 City of South Miami, FL To Whom It May Concern: Banc of America Public Capital Corp. ( "Lessor ") is pleased to submit the following bid to you pursuant to the Master Lease/Purchase Program established on behalf of the Florida League of Cities, Inc. Lessee: City of South Miami, FL Amount Financed: $ 150,112.00 (soft costs cannot exceed 20 %) Lease Term: Sixty (60) months Equipment One New Trash Truck, One New Ford F250, and One New Step Utility Van Description: Interest Rate: 4.51% or 94% of the 5 -year Treasury. This rate will be held for 30 days from the above date. Thereafter, the Interest Rate will be recalculated atthe percent of the 5 -year Treasury quoted under the Florida League of Cities Master Lease/Purchase Program for the month in which funding occurs, and the rate will be fixed at the time of funding. As of October 23, 2006, the 5 -year Treasury was 4.80 %. Periodic P &I: Annually /Advance: $ 32,727.76 (five payments with,first due in October 2006) Total P &I: Annually /Advance: $ 163,638.80 Servicing Fee: A servicing fee of 10 basis points ($275) will be charged to Lessee for processing this transaction as part of the Florida League of Cities Master Lease Program with Lessor. This transaction will be subject to the terms and conditions and documentatipn of the Florida League of Cities Master Lease/Purchase Program. If you wish Lessor to proceed with this transaction, please submit the application provided, along with the specified financial information requested. We look forward to the opportunity to provide financing to you. If you have any questions, please give me a call at (770) 270 -8443. Very truly yours, BANC OF AMERICA PUBLIC CAPITAL CORP. Kathy N. Bowden INTERNATIONAL" September 29, 2006 Prepared For: Presented By: CITY OF SOUTH MIAMI RECHTILN INTL TRKS INC RUDY Mike Audette 4795 Sw 75 Ave. 7227 N W 74TH AVE Miami, FL 33155- MIAMI FL 33166 (305)668 - 7208 (305)888 -0111 Reference ID: NIA Thank you for the opportunity to provide you with the following quotation on a new International truck. am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. Model Profile 2007.4300 SBA 4X2 (MA0251 - APPLICATION: Landscape Dump MISSION: Requested GVWR: 35000, Cale. GVWR: 35000 Cale. Start [Grade Ability: 24.40% 12.18'/6 @ 55 MPH Cale. Geared Speed: 67.9 MPH FUEL ECONOMY: 7.35 MPG @ 55 MPH DIMENSION: Wheelbase: 242.0, CA: 174. 9, Axle to Frame: 67.0 ENGINE, DIESEL: (international DT4. 66150 State; 245 HP, 620 lb-ft Torque @ 1440 RPM, 2600 RPM Govemed Speed, # 2 Bell Housing TRANSMISSION, AUTOMATIC: (ALLISON'3000 RDS -P }Close Ratio, 5- Speed, With Overdrive; Onl Off Hwy; Includes Oil Level Sensor, With. PTO Provision, Less Retarder, With 80,000 -1b GVW & GCW Max. CLUTCH: Omit Item (Clutch & Control) AXLE, FRONT NON - DRIVING: (International. 1-1 208G) I -Beam Type, 12,000 -1b Capacity AXLE, REAR, SINGLE: (Dana Spicer S23 -170D} Single Reduction, 23,000 -lb Capacity, With Driver Control Locking Differential, With "R" Wheel Ends Gear Ratio: 6.14 CAB: Conventional TIRE, FRONT: (2) 11 R22.5 G149 RSA (GOODYEAR) 501 rev /mile, load range G, 14 ply TIRE, REAR: (4).11 R22.5 G164 RTD M +S (GOODYEAR) 499 rev /mile, load range G, 14 ply SUSPENSION, RR, SPRING, Vari -Rate; 31,000- 1b.Capacity, With .4500 lb Auxiliary Rubber Spring SINGLE: PAINT: Cab Schematic 100GA Location 1: 9219; Winter White Chassis Schematic NIA Proposal's vehicle specification is 1 Proposal: 12766 -01 incomplete. WARNING: Do Not Distribute. d bS88-L96- 6 e}}epnV e�iW 89C 06 90 6Z deS a INTERNATIONAL" Vehicle Specifications September 29, 2006 2007 4300 SBA 02 (MA025) Description F/R Wt Tot . Wt (lb) (lb) Base Chassis, Model 4300 SBA 4X2 with 242.0 Wheelbase, 174.9 CA, and 67.0 5985/2781 8766 Axle to Frame. TOW HOOK, FRONT (2) Inside Rail, Frame Mounted. 810 8 FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.375" x 3.705" x 352/557 909 0.438" (263.5mm x 94.1 mm x 11.1mm); 456.0" (11582mm) Maximum OAL BUMPER, FRONT Full Width, Aerodynamic, Steel; 0.142" Material Thickness 0/0 0 Includes PLEASE NOTE: Powder Coated Gray (Argent) Color WHEELBASE RANGE 199" (505cm) Through and Including 254" (645cm) 010 0 AXLE, FRONT NON - DRIVING {International 1- 120SG) i -Beam Type, 12,000 -lb 99/0 99 Capacity SUSPENSION, FRONT, SPRING Parabolic, Taper Leaf; 12,000 -lb Capacity; With .72/0 72 Shock Absorbers Includes : SPRING PINS Rubber Bushings, Maintenance -Free BRAKE SYSTEM, AIR Dual System for Straight Truck Applications 55/43 98 Includes AIR COMPRESSOR AIR SUPPLY LINE International Engines Naturally - Aspirated : BRAKE CHAMBERS, SPRING (2) Rear Parking : BRAKE LINES Color Coded Nylon DRAIN VALVE Twist -Type GAUGE, AIR PRESSURE Air 1 and Air 2 Gauges; Located in Instrument Cluster PARKING BRAKE VALVE Color -Coded Yellow Knob, Located on Instrument Panel SLACK ADJUSTERS, FRONT Automatic : SLACK ADJUSTERS, REAR Automatic : SPRING BRAKE MODULATOR VALVE AIR BRAKE ABS {Bendix AntiLock Brake System) Full Vehicle Wheel Control 9121 30 System (4- Channel) AIR DRYER {Meritor -Wabco System Saver 12001 Mounted in Standard Location 16/2 18 BRAKE CHAMBERS, SPRING Relocated To Rear Of Rear Axle For Maximum 010 0 Ground Clearance Proposal's vehicle specification is 2 Proposal: 12766 -01 incomplete. WARNING: Do Not Distribute. Z,d 17999-L96-b96 epepnV aNiW ajo :nt 90 de 6Z S Description FIR Wt Tot Wit (lb) (Ib) BRAKES, FRONT, AIR CAM S -Cam; 15.0" x 4.0 "; Includes 20 Sq. In. MGM Long 7110 71 Stroke Brake Chambers BRAKES, REAR, AIR CAM 16.5" x 7.0 "; Includes MGM TR3030 Long Stroke Brake 01251 251 Chamber and Heavy Duty Spring Actuated Parking Brake AIR COMPRESSOR (Bendix Tu -Flo 550) 13.2 CFM Capacity 4610 46 STEERING COLUMN Stationary 010 0 STEERING WHEEL 2-Spoke, 18"Diam., Black 010 0 STEERING GEAR {Sheppard M -1001 Power 25/0 25 EXHAUST SYSTEM Single, Horizontal, Stainless Steel Muffler, With Internal 0/0 0 Catalytic Converter, Short Tail Pipe, Frame Mounted Right Side, for 2004 Emissions Standard with International 16 Engines ELECTRICAL SYSTEM 12 -Volt, Standard Equipment 0/0 0 Includes DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab FUSES, ELECTRICAL SAE Blade -Type HORN, ELECTRIC Single PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light STARTER SWITCH Electric Key Operated : STOP, TURN, TAIL & BIU LIGHTS Dual, Rear, Combination with Reflector : TURN SIGNAL SWITCH Self - Cancelling, Headlight Dimmer (with Flash -To -Pass Feature) : TURN SIGNALS, FRONT Includes Reflectors and Auxiliary Side Turn Signals, Solid State Flashers; Flush Mounted WINDSHIELD WIPER SWITCH 2 -Speed with Wash and Intermittent Feature, Integral with Turn Signal Switch : WINDSHIELD WIPERS'Singie Motor, Electric, Cowl Mounted : WIRING, CHASSIS Color Coded and Continuously Numbered CIGAR LIGHTER 1/0 1 HORN, ELECTRIC (2) 4/0 4 ALTERNATOR {Leece- Neville 8LHP2172VAHI Brush Type; 12 Volt 110 Amp. 010 0 Capacity, Pad Mounted BODY BUILDER WIRING Back of Standard Cab at Left Frame or Under Extended 210 2 or Crew Cab at Left Frame; Includes Sealed Connectors for Tail /Amber Turn/ Marker/ Backup /Accessory PowerlGround and Sealed Connector for Stop/Turn BATTERY SYSTEM {International} Maintenance -Free (2) 12 -Volt 130OCCA Total. 010 0 Proposal's vehicle specification is 3 Proposal: 12766 -01 incomplete. WARNING: Do Not Distribute. g d - ti988- L96-b56 eAaPnV ej!W OLE :% 90 6Z deS INTERNATIONAL° Vehicle Specifications 2007 4300 SBA 4X2 (MA025) Description RADIO {Panasonic CQR -1111 AM/FM, With Cassette Player, Includes Multiple Dual Cone Speakers Includes SPEAKERS IN CAB (2) Dual -Cone with Deluxe Interior SPEAKERS IN CAB (4) Coaxial with Premium Interior BACK -UP ALARM Electric, 102 dBA HORN, AIR Black, Single Trumpet, Air Solenoid Operated, Mounted Behind Bumper on Right Rail HEADLIGHTS Halogen; Composite Aero Design for Two Light System; Includes Daytime Running Lights ENGINE SHUTDOWN Automatic; With 30 Second Delay, With International Engines INDICATOR, LOW COOLANT LEVEL With Audible Alarm STARTING MOTOR {Leese- Neville MS2 ILO M1 00R} 12 -Volt; less Thermal Over - Crank Protection, for Temporary Vendor Substitution Only, NOT an Orderable Code CIRCUIT BREAKERS Manual -Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses Except For 5 -Amp Fuses GRILLE Chrome FRONT END Tilting, Fiberglass, With Three Piece Construction PAINT SCHEMATIC, PT-1 Single Color, Design 100 Includes : PAINT SCHEMATIC ID LETTERS "GA" PAINT TYPE Base Coat/Clear Coat, 1 -2 Tone CLUTCH Omit Item (Clutch & Control) ENGINE, DIESEL {International DT466150 State, 245 HP, 620 lb -ft Torque @ 1.400 RPM, 2600 RPM Governed Speed, # 2 Bell Housing Includes : COLD STARTING EQUIPMENT Intake Manifold Electric Grid Heater with Engine ECM Control : CRUISE CONTROL Electronic; Controls Integral to Steering Wheel : DAMPER, CRANKSHAFT Viscous : ENGINE OIL DRAIN PLUG Magnetic Proposal's vehicle specification is 4 incomplete. WARNING: Do Not Distribute. September 29, 2006 FIR Wt Tot Wt (lb) (lb) 6/0 6 013 3 2/0 2 010 0 110 1 110 1 3710 37 010 0 0/0 0 010 0 010 0 0/0 0 -671 -8 -75 0/0 0 Proposal: 12766.01 t d 1 88-196 -t 6 94apnV eN!W BKOL g0 6Z deS ate.. INTERNATIONAL" Vehicle Specifications September 29, 2006 2007 4300 SBA 4X2 (MA025) Description FIR Wt Tot THROTTLE, HAND CONTROL Engine Speed Control for PTO; Electronic, Wt Stationary Pre -Set, Two Speed Settings; Mounted on Steering Wheel (lb) (lb) ENGINE SHUTDOWN Electric, Key Operated 0/0 0 :'FAN Optimized Position FUEL/WATER SEPARATOR and FUEL FILTER in a Single Assembly, Mounted 10/0 10 on Engine GAUGE, AIR CLEANER RESTRICTION Air Cleaner Mounted 0/0 0 : GOVERNOR Road Speed, Electronic : OIL FILTER, ENGINE Spin -On Type 7/0 7 : WET TYPE CYLINDER SLEEVES FAN DRIVE €Borg- Warner SA851 Viscous Screw On Type 3/0 3 Includes : FAN Nylon RADIATOR Aluminum; 2 -Row, Cross Flow, Over Under System, 516 Sqln 0/0 0 Louvered, With 270 Sqln Charge Air Cooler, 4.25" Core, With In -Tank Transmission Cooler Includes ANTI- FREEZE Shell Rotella Extended Life Coolant 40F (40C) DEAERATION SYSTEM with Surge Tank RADIATOR HOSES Premium, Rubber FEDERAL EMISSIONS for 2004; for International VT365, DT466 and DT570 O/0 0 Engines AIR CLEANER Single Element 0/0 0 THROTTLE, HAND CONTROL Engine Speed Control for PTO; Electronic, 2/0 2 Stationary Pre -Set, Two Speed Settings; Mounted on Steering Wheel ENGINE CONTROL, REMOTE MOUNTED - No Provision Furnished for Remote 0/0 0 Mounted Engine Control FAN DRIVE SPECIAL EFFECTS Fan Cooling Ring with Fan Shroud Effects, 10/0 10 Engine Mounted EXPANDED ENGINE TEMP EFFECTS to Allow Higher Engine Operating 0/0 0 Temperature Range; Includes Nylon Surge Tank and 15 psi Pressure Cap OIL COOLER, AUTO TRANSMISSION Air to Oil Type; for Auto or Auto Shift 7/0 7 Transmissions TRANSMISSION, AUTOMATIC {ALLISON 3000- RDS_P) Close Ratio, 5- Speed, 0/0 0 With Overdrive; On /Off Hwy; Includes Oil Level Sensor, With PTO Provision, Less Retarder, With 80,000 -lb GVW & GCW Max. Proposal's vehicle specification is 5 Proposal: 12766 -01 incomplete. WARNING: Do Not Distribute. 9'd V988- L961796 eRepnV 9? jVy B8£:06 90 6Z da l NTERNATtONAV Vehicle �Speciiiicatigns September 29, 2006 2007 4300 SBA 4X2 (MA025) Description FIR Wt Tot Wt (lb) (lb) TRANSMISSION SHIFT CONTROL {ALLISON} Push - Button Type; for Allison 0/0 0 3000 & 4000 Series Transmission TRANSMISSION OIL (Gastrol TranSynd} Synthetic; 29 thru 42 Pints 010 0 ALLISON SPARE INPUT /OUTPUT for Rugged Duty Series (RDS); General 010 0 Purpose Trucks, Construction AXLE, REAR, SINGLE (Dana Spicer S23 -170D} Single Reduction, 23,000 -lb 0/430 430 Capacity, With Driver Control Locking Differential, With "R" Wheel Ends Includes REAR AXLE DRAIN PLUG (1) Magnetic SUSPENSION, RR, SPRING, SINGLE Vari -Rate; 31,0004b Capacity, With 4500 0/119 119 lb Auxiliary Rubber Spring FUEL TANK Top Draw; D Style, Steel, 50 U.S. Gal., 189 L Capacity, 16" Deep, 010 0 With Quick Connect Outlet, Mounted Right Side, Under Cab Includes : FUEL LINES Nylon Tubing With O -Ring Snap -On Quick - Connect Fittings at Both Ends CAB Conventional O/0 0 Includes ARM REST (2) Molded Plastic, Smoke Gray; One Each Door CLEARANCEIMARKER LIGHTS (5) Flush Mounted COAT HOOK Located on Rear Wall, Centered Above Rear Window FLOOR COVERING Rubber, Black GLASS, ALL WINDOWS Tinted GRAB HANDLE, CAB INTERIOR (1) "A" Pillar Mounted, Passenger Side GRAB HANDLE, CAB INTERIOR (2) "B" Pillar Mounted, One Each Side STEP (2) Two Steps Per Door GAUGE CLUSTER English With English Electronic Speedometer 0/0 0 Includes . : GAUGE CLUSTER (5) Engine Oil Pressure (Electronic), Water Temperature (Electronic), Fuel (Electronic), Tachometer (Electronic), Voltmeter : ODOMETER DISPLAY, Miles, Trip Miles, Engine Hours, Trip Hours, Fault Code Readout : WARNING SYSTEM Low f=uel, Low Oil Pressure, High Engine Coolant Temp, and Low Battery Voltage (Visual and Audible) GAUGE, OIL TEMP, ALLISON TRAN 110 1 Proposal's vehicle specification Is 6 Proposal: 12766 -01 incomplete. WARNING: Do Not Distribute. 9,d V999-L96- -V96 eilepnd 9NIN e8£ :06 90 6Z deS INTERNATIONAL® Vehicle Specifications September 29, 2006 2007 4300 SBA 4X2 (MA025) Description F/R Wt Tot Wt (Ib) (lb) SEAT, DRIVER {Gra -Mag} Non - Suspension, Mid Back, Vinyl, With Fixed Back -271-9 -36 Includes : SEAT BELT 3- Point, Lap and Shoulder Belt Type SEAT, TWO -MAN PASSENGER {Gra -Mag} Vinyl, Less Under Seat Storage 43/14 57 Compartment Includes : SEAT BELT (2) One 3 -Point Shoulder Belt and One 2 -Paint Lap Belt (Center Position) MIRRORS (2) (Lang. Mekra} Rectangular, 7.44" x 14.84 ", Brackets Breakaway 2/0 2 Type, With 102" Wide Spacing, With 7.44" sq. Convex Both Sides GRAB HANDLE (2) Black, Aluminum; for Cab Entry Mounted Left and Right 410 4 INSTRUMENT PANEL Center Section, Flat Panel 0/0 0 AIR CONDITIONER {International Blend- Air} With Integral Heater & Defroster 0/0 0 Includes : HEATER HOSES Premium : REFRIGERANT Hydrofluorocarbon HFC -134A FRESH AIR FILTER for HVAC 4/0 4 CAB INTERIOR TRIM Deluxe 0/0 0 Includes : "A" PILLAR COVER Molded Plastic, Smoke Gray : CAB INTERIOR TRIM PANELS Molded Plastic, Full Height; All Exposed Interior Sheet Metal is Covered Except for the f=ollowing: with a Two -Man Passenger Seat the Back Panel is Only Partially Covered and with a Full Bench Seat the Back Panel is : CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets and Retainer Nets and CB Radio Pocket; Smoke Gray with'Black Netting Over Storage Pockets : DOME LIGHT, CAB Rectangular, Door Activated, Timed Theater Dimming, Center Mounted, Integral to Console DOOR TRIM PANELS (2). Molded Plastic; Driver and Passenger Doors HEADLINER Printed Cloth INSTRUMENT PANEL TRIM Molded Plastic, Drawbridge Gray with Black Center Section, Hidden Cup Holder and Ash Tray (Pull -Out) : STORAGE POCKET, DOOR (1) Molded Plastic, Smoke Gray, Full- Length; Driver Door : SUN VISOR (2) Padded Vinyl with Driver Side Toll Ticket Strap, Integral to Console Proposal's vehicle specification is 7 Proposal: 12766 -01 incomplete. WARNING: Do Not Distribute. d V988-L961,96 a}}epnV eN!N! eW06 90 6Z deS INTERNATIONAL? Vehicle Specifications September 29, 2006 2007 4300 SBA 4X2 (MA025) Description FIR Wt Tot Wt (lb) (lb) WHEELS, FRONT DISC; 22.5" Painted Steel, 2 Hand Hole, 10 Stud (285.75MM 9110 91 BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs. Includes PAINT IDENTITY, FRONT WHEELS White WHEEL SEALS, FRONT Grease Lubricated, Includes Wheel Bearings WHEELS, REAR DUAL DISC; 22.5" Painted Steel, 2 Hand Hole, 10 -Stud 0167 67 (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With Steel Hubs Includes : PAINT IDENTITY, REAR WHEELS White : WHEEL SEALS, REAR Oil Lubricated, Includes Wheel Bearings (4) TIRE,REAR 11R22.5 G164 RTD M +S (GOODYEAR) 499 rev /mile, load range 0133 33 G, 14 ply (2) TIRE,FRONT 11 R22.5 G149 RSA (GOODYEAR) 501 rev /mile, load range G, 6810 68 14 ply Total Component Weight: 69331430411237 26 yd gar -p trash body 010 0 Total Body Allied: 010 0 steel surcharge 010 0 Total Goods Purchased: 010 0 The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be different from the estimated weight. International Truck and Engine Corp. shalt not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. Proposal's vehicle specification is 8 Incomplete. WARDING: Do Not Distribute. Proposal: 12766.01 9-d i88-L96-6 _,,.— e4epny e�!W 86£:01 90 6Z deS INTERNATIONAL? Warranty 2007 4300 SBA 4X2 {MA025) (USA DOLLAR) Description Syr 150,000 engine only warranty. Syr unlimited"allison transmission warranty September 29, 2006 Price 2825.00 Total Warranty: $2,825.00 Proposal's vehicle specification is 1 Proposal: 12766-01 incomplete. WARNING: Do Not Distribute. F d fiGRi2- /GF -bGF ellepnb e l[W lacvm An F7 de e INTERNATIONAV Financial Summary 2007 4300 SBA 4X2 (MA025) (USA DOLLAR) Description Net Sales Price: Memo Item(s): Warranty: $2,825.00 Body /Allied Equipment: $14,800.00 Note: Memo item(s) shown here are included in the above Net Sales Price. Price $71,916.60 September 29, 2006 Please feel free to contact me regarding these specifications should your interests or needs change. I am confident you will be pleased with the quality and service of an International vehicle. This proposal is not binding upon the seller without Seller's Authorized Signature 7 Accepted by Purchaser: Firm or Business Name Authorized Signature and Date Official Title and Date Proposal's vehicle specification is 16 Proposal: 12766 -01 incomplete. WARNING: Do Not Distribute. 06'd 1,999- L961G6 e}}apny eN!W 80t7 :01. 90 6Z deS ,� 9 ... �,-- ,� �,,,,R, - - ,,., -�«�. . ��,- 10/16/2006 12:09 3058202592 1200 West 49" Street Hialeah, Florida 83012 (305) 820 -2525 (305) 820 -2592 I-Irm;A GUS MACHADO FORD PAGE 01 To: Robert Frmn: Juan F. Femandez Fax: (305) 668 -7211 Pages: 3 Pholm (305) 668 -7209 Dwbe 10/16/2006 Roe Vehicle Quote CC: 0 Urgent X[ For Rewlew ❑ Please Content XO Ples" Reply 0 PI®asp Ro¢yde • Conwnent a Robert, Attached for your review is the quote you requested on behalf of the City of South Miami. This quote only reflects the price of the stripped chassis. You can estimate an additional cost for the high-cube body of approximate . I conservatively estimate the total cost of the specified express parcel body and chassis 39,000. Please, if you have any questions regarding this quote or any other additional matter that you wish to discuss with us, give us a call at your truest convenience. Thank you for affording Gus Machado Fond the opportunity to be.of service to you and the City of South Miami. Sincerely, Juan F. Femandez Attachments �a �/� .3 9 v fr �. a aa.SV � I 10/16/2006 12:09 CNGP530 3058202592 GUS MACHADO FORD PAGE 02 VEHICLE ORDER CONFIRMATION 10/16/06 10:10:09 2007 ECONOLINE Order No: 1010 Priority: L5 Ord FIN: QM510 Ord PEP: 790A Cust /Flt Name: SOUTH MIAMI RETAIL Dealer: F24070 Page: 1 of 1 Order Type: 5B Price Level: 715 PO Number: RETAIL E49 COMM STRIP CHAS $24155 51A SPARE TIRE /WHL $240 176" WHEELBASE 57Z A /C, PREP 400 790A PREF EQUIP PKG SP DLR ACCT ADJ 54F .MIRROR, DELETE SP FLT ACCT CR 64X .16" STEEL WHEEL 6 U.S. GAL GAS 656 .FUEL TANK 55 GL B4A NET INV FLT OPT NC 76D .BUMPER DELETE DEST AND DELIV 870 945 .AUX FUEL PORT TOTAL BASE AND OPTIONS 25665 99L 75.41 EFI V8 ENG TOTAL 25 44T . ELEC 5-�SPD AUTO *TINS IS NOT AN INVOIC n T67 .LT225/75RX16E B X83 .4.56 REG X83 206 14050# GVWR NC 425 50 STATE EMISS NC 47Z AMB PKG NOT REQ F1 =Help F2= Return to order F4= Submit F5 =Add to Library 5099 - PRESS F4 TO SUBNMT U �)K t �' S Vi F3 /F12 =Veh Ord Menu QC049311 kpl \CA q(O k)JA�, ICP A LA LA qR. j- fern59 @FLEET077 Oct 16, 2006 10:27:27 AM I U/ I b/ Z Mb 12: WJ 3058202592 GUS MACHADO FORD Flu rAVVL - 311OWrOOM - 0pC(;jWjty VeDIC105 _.ZUfjf chord b-Series Stripped Ch PAGE 03 Page I of I 01 ........ rFAG1FL!.1102JV1.W V1131W i HIGHLIGHTS FOR 2006 * Available models, E-350 an� * Electronic Throttle Control now �pdard * 3 wheelbases (138," 156,,. anq 7 zv-%-�- .,::g f... " 'SAFETY& SECURITY • Brakes - 4-wheel disc Anti-lock System (ABS) • Energy-obsorblng steering column *AhvOYS Wear your safety bell and secure children in the fear seat .......... 'MAJOR STANDARD FEATURES 0 11 5-aml) alternator • Auxiliary fuel port • Engine - 5.41- EFI with TorqShlftTm electronic 5-speed automatic transmission with overdrive (E-350) • Engine - 6.81- EFI with TorqShiftTm electronic 5 -speed overdrive (E-450) automatic transmission with • Fuel tank - 37-gallon capacity • Handling Package • Modliled vehicle wiring kit and system • Tilt steering column F, MAJOR OPTIONAL FEATURES 0 49-State Clean Fuel Fleet Certilication 0 50-State Clean Fuel Fleet Ce4fication • California Emissions System • Engine - 6.81. EFI with TorqShlftTm electronic &speed automatic transmission with overdrive * Engine block heater * Fuel tank - 55-gallon capacity GAWR - Front, maximum o GAWK - Front, ona-up Heavy-duty auxiliary battery https://www.fleet.ford.com/showroom/spec'alty! vehicles/Parcel delivery sWvDed.as[)?P... 10/16/2()()6 -�ft-ftdpff, 'p 410/16/2 08 :37 3055918488 FONTAINE PAGE 01 F-0-N, E® �Il Quote No.- 18366 Irll� TRUCK EQUIPMENT COMPANY Quote Date 10/1612006 Miami, FL 305 - 591 -8402 QUOTATION VEHICLE INFORMATION: Year Quoted To: CITY OF SOUTH MIAMI Make FL Model VIN # CA/C GVW Engine Transmission Cust0m&'10- -- QuQ%.FU 1e•Dip., •CUSt�1t'�W�rt��:.:::° 291.POS ..:;:'::��toihdr•FFii�4hs; #i: Ctli�oni�ifrF�lx #" . 1 11/30f2006 1 RoeERTO 306-668-7209-- 305-668-7211 CPU Miami, FL 305 - 591 -8402 Cash Only: Paid -In -Full ua d It PNI�a ::; :•xl��hdl'PrCdl�'.:: . 291.EI EQUIPMENT INSTALLATION 1.00 $2,100,00 $2,100.00 FURNISH AND INSTALL: GENERAL SERVICE VAN PACKAGE MODEL# 600 -1219 "ADD $122.50 FOR SLIDE DOOR OPTION FOR FULL SIZE FORD VAN PRICE INCLUDES FREIGHT AND LABOR 2 -3 WEEKS LEAD TIME Total: $2,100.00 oat .sv 11NOTE: Unless Otherwise stated sales taxis not included in the Quotation total 05/01/2006 12:46 3058202592 GUS MACHADO FORD PAGE 02 MIAM1DAD ADA Coordination /Agenda Coordination January 3, 2006 Animal smkes Art in Public Places Audit and Management services All Responding Vendors (See Distribution List) Aviation Building Building Code Compliance Business Development Capital Improvements Cidiem' Indtpendem TranWmalion Trust Cw++mission on Ethics and Public Trust Communicatsons . Community Action Agency Comrruenily 6 Economic Development Community Relations Consumer Services Corteclions.& Rehabilitation Cultural Affairs Elections Emergency Management Ernployre Relations Empowerment Thal E!AnpiaeTeehnology Services EnvitonmeMal Resources Mannitmm Fair Ewoloytnent Practices rmance Fire Rescue fiakral Services Administration Historic PreseNalion Hopeless Trust H-4 Agency Housing Finance AuUtoriry, . Hunan Services Independent Review Pancl Inkmq(ional trade Corlwdium ju erlileA»es "I ern Medical men Meao.Miami ton Plan rNetropoli4n Planninj'EMganiz :lion Nrk and Recreation Plannitlg and Zoning Police M[klapsln! Rtlaoage m" I'mpertyAppralul Public Library System Public wrodcsi Safe Meighbodutod Parks Seaport Sold wane Management Sbakgk Business, Management Tear" Metro Transit recce on Urban Economic Revitalization Vizoya Museum And Gardens Water a Sewer Procurement Management Purchasing Division 1 f 1 NW 1 st Street + Suild 1300 Miami, Florida 33128-1974 T 305 - 375 -5289 F 305- 375 -4407 305- 372 -6128 SUBJECT: ,Bid No, 5204 -0/07 Bid Title: Model Year 2006 .Pickup Trucks, Various Sizes Dear Vendors: miamidade.gov Evaluation of bids tendered in response to the above cited solicitation has been completed. The County ' Manager has recommended award as shown in the attached document. This notice is provided in accordance with Section 1.13 of the solicitation and Section 2 -8.4 of the Code of Miami -Dade County. Our provision of this notice also serves to confirm the lifting of the Cone of Silence from this procurement . action as dictated by Section 2- 11.1(t) of the County Code. We appreciate the participation of all vendors which responded to the subject action. If you have any questions please contact me at 305- 375 -2102 or email inpabloia mianildade.gov. Sincerely, Contracting Agent Distribution List: Gus Machado Ford, Inc. Maroone Chevrolet, LLC Maroon Dodge, LLC Hooley Family Management, Inc. d/b /a Plantation Ford Attachment: County Manager Award recommendation cc: Clerk of the Board Hid File 05/22/2006 13:03 CNGP530 3058202592 GUS MACHADO FORD PAGE 03 VEHXCLE ORDER CONFIRMATION 05/17/06 11:59:48 2007 F- SERIES SD Order No: 1111 Priority: K3 Ord FIN: QM510 Ord PEP: 600A Cust /Flt Name: SOUTH MIAMI RETAIL Dealer: F24070 Page: 1 of 2 Order Type: 50 Price Level: 715 PO Number: F20 F250 4X2 SD R/C $224'70 FRT LIC BRACKET 137" W14E.EL13ASE 9400# GVWR PKG Z1 OXFORD WHITE CC 425 50 STATE EMISS K VNXL WEAVE BNCH NC 47Z AMB PKG NOT REQ E MEDIUM FLINT SPARE TIRE /WHL 600A PREF EQUIP PKG 54P MANUAL MIRRORS .XL TRIM 572 AIR CONDITIONER 531 .TRAILER TOW PKG NC JACK RETAIL NC NC NC NC 850 552 .PASSNGR AIRBAG NC 587 '.AM /FM STER /CLK NC TOTAL BASE AND OPTIONS 3106 Q� 99P 6.OL V8 DIESEL 5300 TOTAL 3 60 44B 5 -SPD AUTOMATIC 1490 *THIS IS NOT AN INVOICE* Y TBK .LT245 BSW AS 17 X37 3.73 REG AXLE NC * MORE ORDER INFO NEXT PAGE JOB #1 BUILD F8 =Next F1 =Help F2= Return to Order F3 /F12 =Veh Ord Menu F4= Submit F5 =Add to Library 5006 - MORE DATA IS AVAILABLE. QC04931 ,.. Iv\ c LU k�„L. f It� CC°L�y� CA V 0 -� . 05/01/2006 12:46 3055202592 GUS MACHADO FORD PAGE 02 Procurement Management MrAMIDGAD Purchasing Division T T 1 NW 1st S ►reef + Suite! 1300 Miami, Florida 33126 -1974 T 305- 375.5269 F 305- 375 -4407 305 - 372 -6128 ADA Coordination Jan 3 2006 miamidade. Agenda Coordination January , ov 6 • AgAgenda n J Animal Semites . Art in Public Places Au&t and Management sm;res All Responding Vendors (See Distribution List) Aviation Building Building Code Corrrpriance Business Nvel"rit SUBJECT: Bid No. 5204 -0/07 Capital tmprawrntnrt Bid Title: Model Year 2006 Pickup "Trucks, Various Sizes G6iens' Independent Tran,ponaiion l tot Coroenission on t1hics and Public Trust Deaf' Vendors: Communicatiom Cornat,rnity Action A$Mcy Community A Economic: Development Evaluation of bids tendered in response to the above cited solicitation has been CommunkyRelaaons completed. The County' Manager has recommended award as shown in the C °n9°41er SeNkes attached document. t= arectians d Rchabilitalion Cultural Affairs Electiom This notice is provided in accordance with Section 1.13 of the solicitation and EmeWncy Management Sections 2 -8.4 of the Code of Miami: Dade County. Our provision of this notice Employee Relations also serves to confirm the lifting of the Cone of Silence from this procurement. Empowerment TtW1 action as dictated by Section 2- 11.1(t) of the County Code. EMerpriseTedurology SCNiCes ErwkonaWK r Resources Management Pair i Practices We appreciate the participation of all vendors which responded to the subject mplo"irt Finance action. If you have any questions please contact me at 305 - 375 -2102 or email Pint Rescue i pablof?miamidadexoy. central Services Administration Historic Pteservalion HoinowsTrust Sincerely, H-4 Agency Housing FwnceAuthority HumenSewices MIAl ADE , ORIDA� Independent Review Ptnel ��.' Iniernagariol bade Consortium hr- vnik,► srr;ent Cen s Fabl z Medical rner Mma Miami ].an Plan S 10 urement Contracting Agent MetmpoGlan PlahnilYgbrganization- P:trk and kecreation Planning and Zoning Nice MtWeptem Maoaaerne.t PAM Appraisal Public Library System, Public works Safe Neighbodrgod Parks Seapon Solid waste Managenrpnl strategic Business Management TWM Meta, Transit Fosee on Urban Economic Revitalization Vizcsya Museum And Gardens Water 6 sewer Distribution List: Gus Machado Ford, Inc. Maroon Chevrolet, LLC Maroon Dodge, LLC Hooley Family Management, Inc. d/b /a Plantation Ford Attachment: County Manager Award Recommendation cc: Clerk ofthe Board Bid He . f ' r `. , t. •�,.' . .. ". .' . sr , South Miami ADamerOCRY CITY OF SOUTH MIAMI. 1 I OFFICE OF THE CITY MANAGER- I I® INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Za Date: November 7, 2006 Agenda Item No.: f Subject: Purchasing 2 Kawasaki 52 -inch Hydro Rider Lawnmowers Resolution: A RESOLUTION OF THE MAYOR AND CITY.. COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE PURCHASE OF 2 KAWASAKI 52 -INCH HYDRO RIDER LAWNMOWER FROM ACE LAWNMOWER IN AN AMOUNT OF $13,348.50 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBERS 001 -1730- 541 -6430 AND 001- 1750 -541 -6430; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to issue a Purchase Order to Ace Lawnmower for $13,348.50. Reason/Need: To continue providing much needed landscaping services Citywide and in our City Parks, we need to acquire equipment needed. As approved during the budget process, these 2 lawnmowers will be used to maintain our right -of -way, city properties and parks. It is our intent to "piggyback" on the attached Miami -Dade County contract with Ace Lawnmower (Bid Number 6879- 4 /11 -OTR. Although account number 001 - 1750 -541 -6430 was budgeted at $6,200 for one of the lawnmower, we have transferred $474.25 from 001- 1750 -541 -4620 to 001 -1750- 541 -6430 to makeup for the difference. Cost: $13,348.50 Funding Source: Public Works Department's account numbers 001 - 1730 -541 -6430 and 001 - 1750 -541 -6430, with account balances of $7,730 and $6,674.25, before this request Backup Documentation: ❑ Proposed Resolution ❑ Quotation from Ace Lawnmower ❑ Miami -Dade County Contract Award Sheet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR THE PURCHASE OF 2 KAWASAKI 52 -INCH HYDRO RIDER LAWNMOWER FROM ACE LAWNMOWER IN AN AMOUNT OF $13;348:50 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBERS' 001- 1730 - 541 -6430 AND 001- 1750 -541 -6430; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to provider lawnmower equipment for the maintenance of streets, parkways and park grounds; and. WHEREAS, the 2 Kawasaki 52 -inch hydro rider lawnmower will be purchased from Ace Lawnmower in an amount of $13,348.50 to be charged to account numbers 001 - 1730 -541 -6430 and 001- 1750 -541 -6430, with account balances of $7,730 and $6,674.25, before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission authorize the City Manager to execute a purchase order with Ace Lawnmower in an amount of $13,348.50 to be charged to account numbers 001- 1730 -541 -6430 and 001- 1750 -541 -6430, with account balances of $7,730 and $6,674.25, before this request. Section 2. The attached exhibit is incorporate by reference into this resolution. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of November; 2006. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A. Office of City Attorney Include File Name and Path APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Afi Invoice NLjrnb-r wnnnower Service lxincii Dat. Cleated 051111-6/1-1604-5 &L�hi Street Status: Quote `Make Date 0 511 6 0 6 Miami r"anda 331-A M -3 1 # 0 5 � 1 - 6 Type -9- 12 Ref. Nu5mber C1 E:550 b-OUTH "ITAMI, CT Tl -( OF PUBLIC WORKS A1-79� —1 'AT -11AM L i-31 S57 3J �GR9921288 Description 27 HP KOHLER 60 INCH [IYDR0 RTD'--R I 1-jrl.t. Pric W Wl� $7,311-65 X71311,65 Discounted from: $9,749,00 25 HP KAWASAKI 52 If HYDRO RIDER 1 $6,674.25 Discounted from- $8,899.00 CUSTOMER SkGNATURE Shipping Chariciess Ship Via Labor Pickut) & Defivery Shoe) Mater'als EPA Charge Restock In g F -e U.00 $0.00 S., 0.00 I 11 drisactio.- Totall 1 ag 1; an .8 55 31,9 1, -I axable Items :P Pay -meet Metiwd Non T axable items &n nr T S/,-, t_MS M983.90 11 +U-M S/0 Shippinq i3 I 1 0 Tot d 1 3,985M U- to! ml SO n '.00 1hange +n,f)- a n c e D u ea On $ 3 9% I ntCa". U5/116/2j006 11;45:3 AMSaIes Rep MEG Approve-! —ak Soft ware "inc 'l Inc. "0UN 0 a A CONTRACT AWARD SHEET DEPARTMENT OF PROCUREMENT MANAGEMENT BIDS AND CONTRACTS DIVISION BID NO:: 6879- 4 /11 -OTR Previous Bid No.: 6879 - 3/05 -3 BPO: ABCW0601194 TITLE: LAWN EQUIPMENT REPLACEMENT PARTS & REPAIR SERVICE COMMODITY CODE NO.: 515 -15 OTR YEARS: Four (4) LIVING WAGES APPLIES: NO CONTRACT PERIOD: 10/1/06 thru 9/30/07 AWARD BASED ON MEASURES: NO SR. PROCUREMENT CONTRACTING AGENT: JOSE A SANCHEZ PHONE: 305- 3754265 ® SBE Set Aside ❑ Bid Preference: ❑ SBE ❑ Micro SBE ❑ SBE Goal ❑ CSBE Level ❑ Local Preference ❑ Prevailing Wages (Reso. 90 -143) ® Living Wage PART #1: VENDOR AWARDED F.E.I.N.: 591792145 -01 VENDOR: Ace Lawnmower Service, Inc. STREET: 6620 SW 8 street CITY /STATE /ZIP: Miami, Florida 33144 F.O.B. TERMS: Destination PAYMENT TERMS: Net 30 Days DELIVERY: As required TOLL FREE PHONE # n/a PHONE: 305/264 -6912 FAX: 305/262 -5215 E -MAIL: acelawnmoweamsn.con CONTACT PERSON: Barbara Fog i South Miami a®-n Weachy CITY OF SOUTH MIAMI \ sz I OFFICE OF THE CITY MANAGER R INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager k"K-1 From: Vincent Landis, Chief of Police Date: November 7, 2006 Subject: Maintenance of Police Radio Equipment Agenda Item # Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE AN OPEN PURCHASE ORDER IN THE SUM UP TO $17,500.00 TO MIAMI -DADE COUNTY'S INFORMATION TECHNOLOGY DEPARTMENT FOR THE MAINTENANCE AND REPAIR OF THE POLICE DEPARTMENT MOBILE AND PORTABLE RADIOS AND THE REPROGRAMMING OF POLICE RADIOS FOR A DEDICATED FREQUENCY AND NOT TO EXCEED $17,500.00 CHARGING THE FUNDS TO ACCOUNT NUMBER 1910 -521 -4630, (MAINTENANCE AND REPAIR OF COMMUNICATION EQUIPMENT). Request: Authorizing the City Manager to issue an open purchase order to Miami -Dade County's Information Technology Department for the maintenance and repair of the Police Radios. Reason /Need: The Police Department purchased /financed the radio equipment thru a Miami -Dade County bid award over 10 years ago and the radio equipment is beginning to need more frequent repairs. Thru the years, the Police Department has mainly used the Miami -Dade County Information Technology Department (ITD) for its repai 6:1of, handheld portable radios, mobile vehicle radios and the base station because they hold the F.C.C. license for the frequencies, therefore becoming the sole source provider of this request. Cost: Open Purchase Order for $17,500.00 Funding Source: Funds were budgeted in account number 1910 - 521 -4630 Approximate Beginning Balance: 42,704.00 Request 17,500.00 Approximate Ending Balance 25,204.00 I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE 6 CITY MANAGER TO ISSUE AN OPEN PURCHASE ORDER IN THE 7 SUM UP TO $179500.00 TO MIAMI -DADE COUNTY'S INFORMATION 8 TECHNOLOGY DEPARTMENT FOR THE MAINTENANCE AND 9 REPAIR OF THE POLICE DEPARTMENT MOBILE AND PORTABLE 10 RADIOS AND THE REPROGRAMMING OF POLICE RADIOS FOR A 11 DEDICATED FREQUENCY AND NOT TO EXCEED $17,500.00 12 CHARGING THE FUNDS TO ACCOUNT NUMBER 1910 -521 -4630, 13 (MAINTENANCE AND REPAIR OF COMMUNICATION 14 EQUIPMENT); PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 18 WHEREAS, the Police Department has the - necessity to maintain it's radio equipment for 19 dependable radio communications between the communications officers and the 20 officers in the field for the assigning of calls for service, information, and officer 21 safety; and 22 23 WHEREAS, the police radios require reprogramming for a dedicated frequency for South Miami 24 Police Department; and 25 26 WHEREAS, the Information Technology Department is responsible for maintaining the Miami - 27 Dade Police Department's radio system, and the South Miami Police Department 28 utilizes the Miami -Dade Police Department's radio communications system; and 29 30 WHEREAS, an open purchase order for radio repairs and reprogramming in the amount of 31 $17,500.00 for the Miami -Dade County Information Technology Department is 32 requested; and 33 34 WHEREAS, the funding for this open purchase order was budgeted and approved in the account 35 1910 -521 -4630, with account balance of $42,704.00, before this request; and 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 38 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 39 40 Section 1. That the City Manager is authorized to issue an open purchase order in the 41 amount of $17,500.00 for a fiscal year 2006/07 to Miami -Dade Information 42 Technology Department from account number 1910 -521 -4630, 43 Maintenance and Repair of Communication Equipment. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 2. The City Commission authorizes the City Manager to execute such open purchase order. Section 3. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this day of , 2006. ATTEST: CITY CLERK APPROVED: MAYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: _�. City of South Miami Police Department INTER-OFFICE MEMORANDUM TO: Kathy Vasquez FROM: Lieutenant Bruce H. Ross DATE: April 10, 2006 SUBJECT: Vendor — Miami Dade ITD This is a sole source vendor and authorized repair agent f6f Ericsson radio/communications & telecommunications equipment for the entire south Florida area. South Miami OM MUCKY N�- p CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission From: Yvonne S. McKinley, City Manager Date: November 7, 2006 Agenda Item No.: Subject: Amending Resolution 23-06-12164 Resolution A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION 23- 06- 12164, WHICH RESOLUTION AUTHORIZED THE CITY MANAGER TO PURCHASE ONE 2006 FORD CREW CAB TRUCK AND ONE 2006 24- PASSENGER CHAMPION BUS AT A TOTAL COST OF $113,260.57 WITH THE FIRST OF FIVE YEAR'S INSTALLMENT PAYMENTS NOT TO EXCEED $22,652.11; PROVIDING FOR A SUBSTITUTION OF ' VEHICLES DUE TO LACK OF AVAILABILITY OF PRIOR SELECTED VEHICLES; PROVIDING AN EFFECTIVE DATE Request: Authorize the City Manager substitute 24- Passenger; Champion Bus with 16- Passenger Coach (Shuttle) Bus with 2 Wheelchair Rear Lift. Reason/Need: Earlier this year (March 7, 2006), the City Commission passed resolution number 23 -06- 12164 approving the purchase of Parks & Recreation vehicles, to include, a 24- Passenger Champion Bus. It was recently brought to our .attention that the bus is no longer available. In lieu of the 24- Passenger Champion Bus, we are requesting to substitute the bus with a 16- Passenger Coach (Shuttle) Bus with -2 wheelchair rear lift. The proposed bus would cost $60,365.00 instead of the previously approved $78,825 for the 24- Passenger Bus. Cost: $60,365.00 Funding Source: FY 2005/06 Budget Account number 001 - 2000=572 -4455. Backup Documentation: ❑ Proposed Resolution ❑ Resolution No. 23 -06 -12164 ❑ Specifications and quotation for the 16- Passenger Champion Bus with 2 wheelchair lifts. RESOLUTION NO.: 7 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AMENDING RESOLUTION 23 -06- 12164, WHICH 5 RESOLUTION AUTHORIZED THE CITY MANAGER T(Y PURCHASE ONE 2006 6 FORD CREW CAB TRUCK AND ONE 2006 24- PASSENGER CHAMPION BUS AT A 7 TOTAL COST OF $113,260.57 WITH THE FIRST OF FIVE YEAR'S INSTALLMENT 8 PAYMENTS NOT TO EXCEED $22,652.11; PROVIDING FOR A SUBSTITUTION OF 9 VEHICLES DUE TO LACK OF AVAILABILITY OF PRIOR SELECTED VEHICLES; 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, previously the city's Parks and Recreation Department advised that it was in need of 14 a new crew cab truck to accommodate staff transportation and a new bus to facilitate transportation of 15 program participants; and, 16 WHEREAS, the fiscal year 2005 -06 budget includes funding for the purchase of the necessary 17 vehicles: a new crew cab truck and a 24- passenger Champion. Bus; and 18 WHEREAS, in March 2006, the City Commission approved resolution no. 23 -06- 12164, which 19 provided authorization to finance the purchase of the specific vehicles ahrough Bank of America Leasing 20 & Capital, LLC, at 4.37% interest rate under the Florida League of Cities Master Lease - Purchase 21 Program; and, 22 WHEREAS, the resolution and attached agreement specifically identified the two vehicles, which 23 one of the vehicles is no longer available for purchase; and, 24 WHEREAS, the City desires to amend resolution 23- 06- 12164, in order to allow for the 25 substitution of similar vehicles, which vehicles shall be purchased through the Bank of America Leasing 26 and Capital, LLC agreement. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 29 OF THE CITYOF SOUTH MIAMI THAT: Of, 31 Section 1. The Mayor and City Commission amend resolution 23- 06- 12164, so as to allow 32 Bank of America and the City Manager to substitute similar vehicles to the two vehicles identified in the 33 prior resolution, as one of the vehicles (the 24- passenger Champion. Bus) identified in the resolution is no 34 longer available. 35 Section 2. All other terms and conditions of the underlying - financing agreement with Bank of 36 America shall remain unchanged. 1 2 3 4 ,s 7 8 9 10 11 12 13 14 15 16 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of November, 2006. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, P.A. Nagin Gallop & Figueredo, P.A. Office of City Attorney MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Oct. 6. 2006 2:50PM City Of South Miami mp No. 4202 P. 8 RESOLUTION NO. 23-06-12164 A RESOLUTION OF THE MAYOR. AND CITY COMMMSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORImC, THE CITY MANAGER TO PURCHASE ONE 2006 FORD CREW CAB TRUCK AND ONE 2006 24- PASSENGER CHAMPION BUS AT A TOTAL COST OF $113,260.57 WITH THE FIRST OF FIVE YEAR'S INSTALLMENT PAYMENTS NOT TO EXCEED 522,652.11 TO BE CHARGED TO THE PARKS AND RECREATION DEPARTMENT'S LEASE PURCHASE - TRUCKS ACCOUNT NUMBER 001.2000.572.4455 AS PROVIDED IN THE FY 2005-2006 BUDGET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parks and Recreation Department is in need of a new crew cab truck to accommodate staff transportation and a new bus to. facilitate transportation. of program participants; and WHEREAS, the fiscal year 2005 -06 budget includes funding for the purchase of a new crew cab truck and a 24: passenger Champion Bus for the Parks and Recreation Department, and WHEREAS, Banc of America Leasing & Capital, LLC has agreed to finance the vehicles at a 4.37% interest rate under the Florida League .of Cities Master Lease/Purchase Program; and WHEREAS, the purchase of the aforementioned vehicles will be accomplished by piggybacking on current municipal and state contracts in accordance with purchasing procedures . as outlined in the City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI THAT: Section 1. The City Manager is authorized to execute finance and purchase agreements for the purchase of one 2006 Ford F -250 Truck and one 24- passenger Champion Bus for the Parks and Recreation Department. Section 2. Annual payments for five years in the amount of $22,652.11 per year will be provided through the Parks and Recreation Department's Lease Purchase - Trucks Account Number 001.2000.572.4455 which currently has a balance of $22,700.00. Section 3. This resolution shall take effect immediately upon adoption PASSED AND ADOPTF,D this % dt day of k 2006. ATTEST: JC�LERK- Page 1 of 2 APPRC Wn- Oct. 6. 2006 2:51 PM City Of South Miami mp No, 4202 P. 9 Res. No.- 23--06 -12164 READ AND APPROVED AS TO FORM: r ATTORNEY Commission Vote: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea CADocuments and 5etdnp\Nrickc\My DocamentMord Documea mUUsoludonCrcwCaVrruck.doc Page 2 of 2 10/20/2006 12:14 3058202592 GUS MACHADO FORD PAGE 04 L i as as am i H z _0 a 0 I. z 1- V Z V a 0 J U x W c W z _0 us W a a cc rn PC a u 0 0 L L � wow 0 A co Id � a q "C a ;o a) A � 10/20/2006 12:14 3058202592 GUS MACHADO FORD PAGE 03 v ip Genes rage i ox z Bus Packages Request The Sentry • 22 ft . 158" Wheelbase (Ford] • 6.8L Gas Engine . 12 Pas sengers,& 2 Whet . E -350 Chassis • No CDL Rqd. (In Most,' http:// www. diamondcoach .comBus %20Packages.html The Messenger The Ei • 25 ft 2.5 ft . 176" Wheelbas/(FFpord�) . 176 ;' Whe • 6.8L Gas Engin. 6..$L Gas ] • 25 Passengers • 16 Perime . E -450 Chassis E450 Chf Overhead L • 60" Luggx 10/20/2006 10/24/2006 11:28 3058202592 GUS MACHADO FORD PAGE 02 x d 2692623S0£T; s fill 9k ►' a ton M y la � ~ A rl J Z a D M Q w C3 0 U Ij t3 a� ` rV tl ■ H at R XVd 7 w.� :WONJ LT:T2 9002 -22 -100 10/24/2006 11:28 3058202592 GUS MACHADO FORD PAGE 03 OCT -23 -2006 24:15 FROM: T0:13858P-02592 P.2 Diamond Coach Corporation 9usfrgwww4 2300 WMt Fourth Steal Order Oewepc. Kansas 673M Pop Pta 520.796.2191 Pop 1 ae: Pat: 62049546(8 2007 MODEL YEAR : GUS Teases: GUS MACHADO FORD axgL%CW V COLOR WHEN ORDERING, CLSCK ON LINK DLLOW FOR CHOICES: CONTACT; JUAN FBRNANDFZ Ems& Phone: 30542045M Far 303420, M2 705006 Item Number_ 20226-3 D61M011on - - - - -- -- - VIP 2W BABE 20 L MSRp NBRP Bubtow �� 17800.0 HD AWD CHASSIS, 178r*9 &e L DIESEL EACH 1 � ��T "!� EACH�� 1 18, 1 . 50.00 1818 4� 15.Op D.M 720011 NOTICE: AWFMICD RADIO STANDARD ON C14"Sts T� t 800611 WHEEL AND TIRE SPARE - FORD 88000t CHASSIS TRANSFER FEE (FORD ONLY) EACH 1 1 $125.00 125.00 60111D HEATER,REAFL65,0W BTU (DIESEL OHA8813) EACH 1 2132.50 "U.50 802040 AC-713 MAX -FORD DIGGEL SSA00 8TU EACH 1 $3,698.76 53,698 76 2250110 DOOR. DOU81.8 OUT, ELECTRIC EACH 1 5230.00 5290.00 230125 LOCK DOOR. ELECTRIC. KEY EACH 11615.25 158.23 250205,9 DOOR REAR 34'X60', WWPPER WINDOW 12'x24' EACH �1 t $476.25 $478.26 300710 300716 PLAPS, REAR. MUD, W/O CHROME TRIM SET 1 $49.76 W.76 FLAP$, FRONT, MUD SET 1 220.25 5N.2b 35MO RUBBER GRAY 6MOOT1 TRANSIT (Under Saab) EACH 1 $152.90 6152., 350403 RUBBER, BRAY ROBED (ANMI EACH 1 =120.00 2120.00 400811 PANEL, MODESTY, DRIVER EACH 1 $37.60 � 37.60 400318 PANEL MODESTY. ENTRANCE DOOR EACH 1 $31.90 �--- 400510 RAIL, ENTRANCE l ENOINE ASSIST t=ACH 1 8172.90 6172.50 400805 MIRROR, mM INTERIOR CONVEX, WIDE ANGLE Virw EACH 1 565.73 596,76 4WW7NMO-1 450141 LIFT, BRAUN NL91918. REAR, MILLENNIUM EACH t $4.872.60 54,672.60 VUEMR, WHEELCHAIR LIFT, DOOR AM EACH 1 $17.60 U tr tare ADA A FWft 408 A 194 CompllwL Pat idles allaal ehair 400n. In10104 A IM Saw ajar gpht an ew%tW on M 0R buM, 450208 450237 RESTRAINT SYSTEM, 04TRAINT, t341100r1 FLOOR - RAISED 4-STEP ENTRY (FORD ONLY) EACH EACH t �_ $901.25 $126.00 s7 004.50 12� S,pO 850305 ALARM. SAO(UP EACH 1 $32,60 560806 KIT. SAFETY COMPLrM EACH 1 $+$32.60 ?12,5,0 720100 720400 MID-SAM RIGID SEATING, LEVEL 1 0EAT, FOLDAWAY, DOUBLE 3s PER PASS. = $136.00 $2160.00 72000$ LEWL 1 EACH _...2 $005.00 t. 10.00 COLOR C"OICEt(# AND C XOR) PER PASS. 1 SO.t10 50.00 Total oft "W must IUI Qd the MQmnatbn below 4elora the Order can be A ; F.O. Number ` Ouds valid Wr 46 Oeys. 'Terms am Due Upon Reeelpt-urlow Orlon credit wrogemante afar made et nme d seder. 610.00 axgL%CW V COLOR WHEN ORDERING, CLSCK ON LINK DLLOW FOR CHOICES: . 705006 SEATOELT, NON RETRACTABLE GRAY EACH 20 720020 ARMREST, NON PADDED RETRACTABLE EACH ft,44 7Z0oz1 HANDLE. GRAB ANTI.VANDsAL AISLE SIDE EACH 720011 SEAT. DWYER LEVEL 1 EACH t 800611 WHEEL AND TIRE SPARE - FORD EACH 1 000515 TIRR CARRIER, FRAME MOUNTED (FORD ONLY) EACH 1 Mlleape , Total oft "W must IUI Qd the MQmnatbn below 4elora the Order can be A ; F.O. Number ` Ouds valid Wr 46 Oeys. 'Terms am Due Upon Reeelpt-urlow Orlon credit wrogemante afar made et nme d seder. 610.00 $Mlo0 $16.75 W.00 - 5187.50 $136.75 158.78 6200.00 $280.00 in.90 $77,50 ft,44 22,126.00 1$35,391.50 ilb, -f 36'2.. 10/24/2006 11:28 3058202592 GUS MACHADO FORD CNGP530 VEHICLE ORDER CONFIRMATION 2007 ECONOLINE Order No: 1010 Priority: M1 Ord FIN: QM510 Order Type: Ord PEP: 782A Cust /Flt Name: SOUTH MIAMI PO Number: RETAIL E45 OM CUTAWAY VAN $27840 X82 4.10 REG X82 176" WHEELBASE 516 SP TIRE NOT INC YZ OXFORD WHITE CC X NO TRIM E EDIUM FLINT 782A REF EQUIP PKG / STANDARD TRIM 572✓ .A /C FRONT ONLY .SHUTTLE BUS DIS NC 162 '/FLR VINYL, FRT 206 14050# GVWR 21W SEATS NOT INCLD 425 /'0 STATE EMISS 47B V SHUTTLE BUS PKG 587 .ELEC AM /FM CLK 593 rLT /CONVEN GRP 596 �/.,A,IR BAG/PASS-2D 64Y- / 16" STEEL WHEEL 99P V .OL DIESEL 4940 44B LEC 5 -SPD AUTO NC T67 .LT225/75RX16E B PAGE 04 10/24/06 11 :06 :24 Dealer: F24070 Page: 1 of 2 5B Price Level: 715 RETAIL NC (660) NC NC NC 730 TOTAL BASE AND OPTIONS 3372 TOTAL 3 20 *THIS IS NOT AN INVOI * MORE ORDER INFO NEXT PAGE FS =Next F1 =Help F2= Return to Order F3 /F12 =Veh Ord Menu F4= Submit FS =Add to Library 5006 - HDRL DATA IS AVAILAW . j- fern59 @FLEET077 QC04931 514, du 3(4 Oct 24, 2006 11:24:00 AM 10/24/2006 11:28 CNGP530 Order No: Ord PEP: 3058202592 GUS MACHADO FORD PAGE 05 VEHICLE ORDER CONFIRMATION 10/24/06 11.06.34 2007 ECONOLINE 1010 Priority: M1 Ord FIN: QM510 782A Cust /Flt Name: SOUTH MIAMI RETAIL RETAIL TOTAL $33720 *THIS IS NOT AN INVOICE* Dealer: F24070 Page: 2 of 2 Order Type: 5B Price Level: 715 PO Number: .CHROME BUMPERS .PWR LKS /WINDOWS .FRT LICENSE BKT .HTR,ENG BLOCK .FRAME PUCKS .EXT HD 140 AMP 47Z AMB PKG NOT REQ 54F MIRROR, DELETE SP DLR ACCT ADJ SP FLT ACCT CR 6 U.S. GAL GAS B4A NET INV FLT OPT NC DEST AND DELIV 870 TOTAL BASE AND OPTIONS 33720 F1 =Help F2= Return to Order F4= Submit F5 =Add to Library 5099 - PRESS F4 TO SUBMIT F7 =Prev F3 /F12 =Veh Ord Menu QC04931 j- fern59 @FLEET077 Oct 24, 2006 11 :24:07 AM South Miami A14MMUCR CITY OF SOUTH MIAM1 : - ` 1 I 1 ®r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the, City Commission Via: Yvonne S. McKinley, City Manager From: Vincent Landis, Chief of Police Date: November 7, 2006 Subject: Purchase of Police Vehicles Agenda Item # 17 Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIX FORD CROWN `:VICTORIA POLICE PURSUIT VEHICLES AS APROVED IN THE 2006 =2007 BUDGET FOR THE TOTAL AMOUNT NOT TO EXCEED $157,303.07 AND ACCEPTING THE INTEREST RATE OF 4.51% FOR THE FINANCING OF THE VEHICLES THROUGH BANK OF AMERCIA WITH THE FIRST YEAR'S INSTALLMENT OF FIVE (5) ANNUAL PAYMENTS OF $31,460.60 TO BE CHARGED TO ACCOUNT`NUINIBER 1910 -521- 4450 (PURCHASE /LEASE - POLICE VEHICLES) PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute a,= -purchase agreement with Gus Machado Ford for the acquisition of six (6) Ford "'Crown Victoria Police Pursuit vehicles in an amount not to exceed $157,303.07 with the first year's installment of five (5) annual payments of $31,460.60. Reason /Need: the current police fleet includes 1996 and.1997 vehicles, and there are a number of vehicles with between 80,000 and 100,000 miles, so due to the age and mileage of these.vehicles they need to be replaced in order to maintain a fleet of serviceable vehicles for the police department, the purchase of six new vehicles is requested as approved on the 2006 - 2007 budget Cost: $157,303.07 with the first,year's installment of five (5) annual payments of $31,460.60. Funding Source: Funds were budgeted in account number 1910 - 521 -4450 Approximate Beginning Balance: $43,504.00 Request : $31,460.60 Approximate Ending Balance $12,043.40 Backup Documentation: Draft Resolution, Copy of Florida Sheriffs Association Full Size Pursuit Vehicles -RWD (Police Package) Specifications with Cost Break Down, Bank of America Financing Letter, Letter to Gus Machado Ford. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIX FORD CROWN VICTORIA POLICE PURSUIT VEHICLES AS APROVED IN THE 2006 -2007 BUDGET FOR THE TOTAL AMOUNT NOT TO EXCEED $157,303.07 AND ACCEPTING THE INTEREST RATE OF 4.51% FOR THE FINANCING OF THE VEHICLES THROUGH BANK OF AMERCIA WITH THE FIRST YEAR'S INSTALLMENT OF FIVE (5) ANNUAL PAYMENTS OF $31,460.60 TO BE CHARGED TO ACCOUNT NUMBER 1910- 521 -4450 (PURCHASE /LEASE- POLICE VEHICLES) PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current police fleet includes 1996 and 1997 vehicles and a number of vehicle with between 80,000 and 100,000 miles; and, WHEREAS, due to their age and mileage a number of vehicles in the police fleet are in need of replacement; and, WHEREAS, in order to maintain a fleet of serviceable vehicles for the police department, the purchase of six new vehicles is requested as approved on the 2006 -2007 budget; and, WHEREAS, Gus Machado Ford has bid an amount under the Florida Sheriff's Association Bid #06 -14 -0821 expiring on September 30, 2008, for Ford Crown Victoria police pursuit vehicles; and, WHEREAS, the financing is available through the Florida League of Cities, Bank of America at a rate of 4.51 %; and, WHEREAS, the funding for this purchase was budgeted and approved in the account 1910 -521 -4450, with an account balance of $43,503.68, before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is authorized to execute a purchase agreement with Gus Machado Ford for the acquisition of six Ford Crown Victoria Police Pursuit Vehicles as approved in the 2006 -2007 budget in an amount not to exceed $31,461.00. That the disbursement be charged to account number 1910 -521 -4450 (Lease/Purchase- Police Vehicles). The agreement is incorporated by reference and attached hereto as exhibit 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Section 2. That the Mayor and City Commission authorize the City Manager to execute financing through the Florida League of Cities, Bank of America and accepting the interest rate of 4.51 % for the term of the loan. Section 3. That all future payments be budgeted for the duration of the loan. Section 4. That this resolution shall effect immediately upon execution. PASSED AND ADOPTED this day of November, 2006. ATTEST: CITY CLERK T:��7:�1i7: ' �.Z�i�I�17 :� • • : u Luis R. Figueredo, P.A. Nagin Gallop & Figueredo, P.A. Office of City Attorney MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman APPROVED: FLORIDA ASSOCLATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION FULL SIZE PURSUIT VEHICLES - RWD (POLICE PACKAGE) SPECIFICATION #1 2007 Ford Crown Victoria (P71/720A) The Ford Crown Victoria (P71n2OA) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requiremenis which are included and made a part of this contract`s vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern EASE PRICE: $19,196.00 $19,122.00 $19,124.00 $19,224.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs Association have attempted to i4wt_ify w i_ncude those equipm cot i toms -in ost ofienJegvested by participating agenries for fitll size vehicles, we_realr7e equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate fle dbility into our program, we have created specific add/delete, options which allow the purchaser to tailor the vehicle to their particular wants or needs: The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you vMsh deleted from the base unit cost and/or add the cost of airy equipment items you wish added to the base unit cost to determine the apWaximate cost of the lype ve iiclpW you wish to order. - - _�.__ NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Auvrd Announcement (06-14 -0821) 50 VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71 /720A) (P71/720A) (P71/720A) (P71/720A) DEALER: Garber Ford Mercury, Duval Ford Tropical Ford Duval Ford Inc. ZONE: Western Northern Central Southern W45E PRICEI, X19 19 (Hi 9172, 00 � Northern Order Code Delete Options Western & Southern Central a coveri ng. n 2 H 2 Cloth rear seat in lieu of vinyl NC N C2 3 $67.00 3 HN 54M' 15" round dome lamp I Order Code Add Options 1 45C slip differential 45C 2 730A 3 NC sw Northern Western & Southern Central t, $125.00 1 $125.00 2 $155.00' PS Priority startibattexy saver $180.00 $170. 062 NA PSB 2 z, il A 2 4111 1 Fngine blo& heater NA NW $35 f .00 3 4114 3 65U' Police prep pwiage - "Ready for the Road" 65U 2 65U 3 65W Visibility pad-age 65W 2 65W 3 -m T remm anti-thek dealer installed TAT 2 DAT 3 BidAnwrdAnnouncement (06-14-0821) $140.00' $1 $4,090. 51 VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71/720A) (P71 /720A) (P71/720A) (P71/720A) DEALER: Garber Ford Mercury, Duval Ford Tropical Ford Duval Ford Inc, ZONE: Western Northern Central Southern 1871 "Roof wiring with hole 187 2 187 3 AF' t Accessory feed wires for police equipment , 175,172,179 2 3 AFW 14T Kavlar trunk pad-age 14T 2 14T 3 41A Comfort and convenience group 41A 41A 3 64N Full wheel covers 64N 2 64N 3 77D t Daytime running lamps 77D 2 77D 88H Heavy duty padded dolh bucket front seats Stith rear cloth bench seat 2 H ,3 HN Bid Award Announcement (06-14-0821) $195.00' $195.00-4 $1 - $190.00 2 S1900 $760 1 _001 $ 602 3' 760. $760.00 $50. $60. 52 VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71 /720A) (P71 /720A) (P71 /720A) (P71 /720A) DEALER: Garber Ford Mercury, Duval Ford Tropical Ford Duval Ford Inc, ZONE: Western Northern Central Southern BASE PRICE,___ ,19 00 --$.19-224.00 21A Driver seat only – 6 way power 21A 2 3 21A 67R' Rem door locks & handles inoperative 67R 2 3 67R 525 r # Cruise control 2 525 525 3 478 Courtesy light disabled 478 — 478 3 3M' Legal deep tinted film, lifetime warranty, dealer installed 2 DDT DIT 3 432 (Keyed alike 43- 2 AGEW'y 7-05PECjFy CODE 2 3 432 V.V. ' Vent visors - Stick-on We 2 DW 3 WSO Bid AuurdAnnouncement (06-14-0821) $380.00 $20.00- $20.00- $20.00'3 $410.00 S:50.00 = S5( $50. $125. 53 VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71/720A) (P71/720A) (P71/720A) (P71/720A) DEALER: Garber Ford Mercury, Duval Ford Tropical Ford Duval Ford Inc. ZONE: Western, Northern Central Southern BASE PRICE. $19,196.00 $19J22.00 $19,124.00 $19,224.00 DB-RWB' Door blank & rear window barriers with Manual lock override (S a, $450.00J $407 DWB 2 Pro-Gard, Cruisers or approved equivalent) DBRWB 3 952 t i Two-tone paint $450.00 952 2 3 952 RDH Rear deck halogen warning lights - red and or blue flashing $106.001, $1 RDH 2 RDL Rear deck LED, GEN 3 nummurn, warning lights - LED lights may be blue, $340.00 RD-LED 3 red, amber or any combinafim - specify color p7wha Ta&W 2 51Y Left & right-hand pillar mounted 6" spotlight with dear halogen bulb $340.00 GO Lite 2 S1 YULEMA)YECOLM72 Sly 3 2 Strobe gr�lTe lights 2' muumum ltWh4 efl, Federal, Cade 3 or approved GLL 2 LED, GEN 3 nxiniraum, grille ligfft, 2 minimum LED lights may be blue, $310,00 LED-GS 3 red, amber or any combination - specify color (W helen, Federal, Code 3 or approved equivalent) LED, GEN 3 minimum, rear view minor Bashing lights - LED lights may be $360.00 3 LED-RVS 'blue, red, =her or my combination. - specify color (Whelen, Federal, Code 3 or approved equivalent) WHEL&AfDOUNET 4LO Bid Award Announcement (06-14-0821) $340. 54 VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71 /720A) (P71 /726A) (P71 /720A) (P71 /720A) DEALER: Garber Ford Mercury, Duval Ford Tropical Ford Duval Ford Inc. ZONE: Western Northern Central Southern BASE PRICE $12-j 96 00 519122 LPS 2' � Rear Transport Seat — Laguna System 3P 5636 00 . $594.00 3 $823.00 RTSL PGPS 2 : Rear Transport Seat — Pro Gard 6000 Series $496 00 $483.002 ; $746.003 RTSPG 3 RearTrattspoit Seat: -- CrniserC�Clll<t�t2 [ 5426 tNi NA Z ` NAI PPS Z Rear Transport Seat vath extended-seat belt — Patriot PSCV1 $486.00 c $470.00 2: NA S C t)S 2 3 Setitaa # I o Seri es Lea Cage with sliding iicrrtdow, fault v�idth low extension $626 00 }' $635.00a 3 $774-00 ': Slt)SRr "Par et, d e i sttrtled US 2 3 Setina 8S Lexan cage with 1/2 lexan and 1/2 expanded metal with full lower $610.00 $625.002 = $7o3.003 S85 t extension panel, deWe_r insta_ ed P26Q0 2 3 Frei -Gard PZfi 5cxies Poly e oly (Lex a) Cage �tlr slydrrrg window full - { a $62600 $620.00 $69600 P2600 �vidcla tatvex extension panel; dealer- installed ;. P120 2 Patriot VPI -120 Lexan cage with 1/2lexan and 1/2 metal with full lower $610001 $599.002 ; NA 'extension panel, dealer installed P1 fi0 z Patriot VIII =100 all Lexan cage vrith:full louver extension panes, dealer a 562600 ,.. $6o9.U0 IAA CSL 2 Cruisers Cage with slide and lock v&WOW, lower extension panels, dealer $675.005 NA2. NA installed CLM Cage w nth U2 I exan tmd 112 mesh; lower exte�smm�ds, deafer $6 T5 iKl f NA 2 ' I+TA yCnrisy�e�rsj rtastatted .. . I' —X-&C—nn to ner Aij_ lnmim�m Tn-Ve cle ( -"-t � 2 _ K9 ° protect the public, officer, K -9, and vehicle_ Please specify vehicle year, make and model. Call for installation, shipping, and/or delivery prices JUVISORAAERKMALLMNUA42 HAS Heat Alarm System to be used in a K -9 vehicle, Warns offiicer when HAS 3 - dangerously high tenVeraiu es are inside the vehicle. BY K4DJ) TTN)f'4°R".S 2 B.C. mritimum 5115 Manuf'acturer's Extended Base Care warranty ($o deductible) BASF ' '5/7j2 ' 5/75B Bid Anwrd Announcenww (o6- 14- 11821) 8826.00 a ME VEHICLE- Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71/720A) (P71/720A) (P71/720A) (P71/720A) DEALER: Garber Ford Mercury, Duval Ford Tropical Ford Duval Ford Inc. ZONE: Western Northern Central Southern F.T. i Minimum 5n5 Manufachm&s Extended Pon-er Twin Warrmty ($O < $3,065.00 $1,635- 002 $2,230.00' P5,175 2 deductible) 5/75P Bid Award Announcement (06-14-0821) 61 FLORIDA FIRE CHIEFS' ASSOCIA'T'ION 2007 Ford Crown Victoria (P71/720A) 2007 Dodge Charger (LXDH48 127A) 2007 Dodge Magnum (LXDH49 /27A) ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED INSTRUCTIONS: listed above, you will find the model numbers of the vehicles that will be included in this year's contract. 1. ENGINE: a. Manufacturer's standard engine (Ford V8 or Dodge V5), minimum 250 HP, oil cooler, alternator, battery, and cooling package. HPY.T. -AT, a. Manufacturer's standard automatic transmission. a. Manufacturer's standard We ratio for pursuit vehicle. -s a. Manufacturer's standard power steering designed for pursuit vehicle. b. Manufacturer's standard gauges and certified speedometer, c. 5" round dome lamp between sunvisots, independently switched. MR +1'r- 3, _ a. Manufacturer's standard air conditioning with 134A system. b. Manufacturer's standard tinted glass all around. c. Manufacturer's standard trunk opener, electric, remote unit location. d: lays: two (2) per vehicle, single key locking system, (each vehicle keyed differently). e. Manufactuees standard AM/FM stereo. f. Heavy -duty rubber floor covering. g. Power door locks and power windows. h. Cloth front bucket seats and vinyl rear bench seat. 6. BRAKES: a. Four wheel anti-lock brake ABS system. M11140-MIN au+ a. Speed rated blackwall tires with full size spare tire. b Manufactuuer's standard produchvn wheel movers. $id Award Announcement (06 -14- 0821) 48 a. Manufacturer's standard colors, factory painted. Colors to be determined by individual agencies. b. Factory front and rear door molding. c. Marrufachym's standard fuel tank. 9. CONDITIONS In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EPA Emission Standards and all Motor Vehicle Safety Standards as established by the U.S. Dopart rant of Transportation regarding the manufacture of motor vehicles. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in fitst class operating condition. Pre - delivery service, at a minimum, shall include the following: a. Complete lubrication. b. Check all fluid levels to assure proper fill. c. Adjustment of engine to proper operating condition. d. Inflate tires to proper pressure. e. Check to assure proper operation of all accessories, gauges, lights, and mechanical features. f Focusing of headlights. g. Cleaning of vehicles, if necessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT remove window price sticker or supplied line sheet. ]aid Auurd Announcem nt (06-14 -0821) 49 n__ Of Anlerw Bak Banc of Anwnca Public Capital Carp. GA3 -003- 64-01 2059 NorWake Parkway, 4h Floor Tucker, GA 30084 Tel 770 270.8443 —. - iiailG °isab� - ..._ ..: October 23, .2006 City of South Miami, FL To Whom It May Concern: Banc of America Public Capital Corp. ("Lessor") is pleased to submit the following bid to you pursuant to the Master Lease/-Purchase Program established on behalf of the Florida League of Cities, Inc. Lessee: City of South Miami, FL Amount Financed: $ 144,300.00 (soft costs cannot exceed 20 %) Lease Term: Sixty (60) months Equipment. Six New Crown Victorias Description: Interest Rate: 4.31% or 94% of the 5 -year Treasury_ This rate will be held for 30 days from the above date. Thereafter, the Interest Rate will be recalculated at the percent of the 5 -year Treasury quoted under the Florida League of Cities Master LeaseAwchase Program for the month in which funding occurs, and the rate will be fixed at the time of funding. As of October 23, 2006, the 5- year,Treasury was 4.80 %. - - -- Periodic P &I: - Annually /Advance: $ 31,460.61 (five payments with first due in October 2006) - Total P &I: Annually /Advance: $ 157,303.07 Servicing Fee: A servicing fee of 14 basis points ($264) will be charged to Lessee for processing this transaction as part of the Florida League of Cities Master Lease Program with Lessor. This transaction will be subject to the terms and conditions and documentation of the Florida League of Cities Master Lease/Purchase Program. If you wish Lessor to proceed with this transaction, please submit the application provided, along with the specified financial information requested. We look forward to the opportunity to provide financing to you. If you have any questions, please give me a call at (770) 270 -8443. Very truly yours, BANC OF AMERICA PUBLIC CAPITAL CORP. Kathy N. Bowden 10/12/2006 12:05 3058202592 GUS MACHADO FORD PAGE 02 Gus Machado Ford Juan Fernandez 1200 West 49 Street Hialeah, FL 33012 Dear Juan Octobcr 10; 2006 1 Deed the oust of the below listed vehicles_ The prices listed are from the Florida Sheriff's Association bid. Y 3 Crown Victoria Police Pursuit Package P71 $19,224.00 White exterior with gray interior witb the l:ollcming options: 45C Limited Slip Differential $ 125.00 96B Front Door Molding (Not Installed) No Charge _—OT' Rear Door :Locks Imperative $ 25.00 DTK Third ley 177 Silicone Hoses 53M Radio Noise Suppression 478 Couctcsy Light Disablcd 14'T Kevlar Trunk Package 6114 Ignition Powered. Trunk. Button Factory Installed "-OG Locking Gras Carp 51A Left-hand Pillar Mounted 6 " Spotlight POPS Rear Transport Seat 5/75B Manufacturer's Extended Extra. Care Warranty (SO. 00 Deductible) Total $ $7.00 S320.00 S 95.40 $ 20.00 $190.00 S 60:00 $ 1.0.00 S290.00 S481-00 53,360.00 $ 24,314.00 6130 Sunset Drive • South Miami • Florida 33143 -5093. Phone, 305.663.6336 • Fax- 305. 663.6337 E -maiL• v1ands @Cg0fs0uthmi1m1Lnet 10/12/2006 12:05 3058202592 GUS MACHADO FORD PAGE 03 45C Limited Slip Differential $ 125.00 DTK 1 hird key S 87.00 177 Silicone Hoses $ 320.00 53M Radio Noise Suppmssioo $ 95m 478 Courtesy Light Disabled $ 20.00 14T Kevlar Tnmk Package S190.00 61H Ignition Porwtrod Trunk Button - S 60.00 Factory Installed 980 Locking Gas Gap $ 10.00 ,64N Full Wheel Covtrs $ 45.00 88H Heavy Duty Padded cloth Bucket seats NC 5.1,A with Rest Cloth Seat NC to 51A Lcft-hand Pillar Mounted 6" Spotlight $ 290.00 M) 5/75E �Unufacturer's Extended Extra Care $3,360.00 S �D Total Warranty ($0.00 Deductible) S23.781,00 ""'- Sincerely CAD 3 7, ` Total $23,826.00 f 2 Crown `victoria Police Purstdt Package P71 $ 19,224.00 op Smokedstone exterior with Camel interior with the following options: 45C Limited Slip Differential $ 125.00 DTK Third key $ 87.00 177 Silioone doses $ 320.00 53M Radio Noisc Suppmssmn $ 95.00 478 Courtesy Light Disabled S 20,00 1.4T Kevlar Trunk Package $ 194.10fl 61H Ignition Powtrcd Trunk Button - $ 60,00 Factory Installed 98G Locking Gras Gap $ 10.00 $8H Heavy Duty Padded cloth Bucket seata with Rear Cloth Seat NC 5.1,A Left- -hand Pillar Moto od, 4" Spotlight $ 290.00 to 5/75E Manufactumr's Exttndcd Extra. Carte $3,360.00 Warranty ($0.00 Deductibic) Total S23.781,00 c�a Sincerely .ii.,t. Daniel Salerno 10/12/2006 12:05 3058202592 GUS MACHADO FORD PAGE 04 CNGP530 VEHICLE ORDER CONFIRMATION 10/12/06 10:58:39 Dealer: F24070 2007 CROWN VICTORIA Page: I of 2 Order No: 9999 Priority: M1 Ord FIN: QM510 Order Type: 5S Price Level.: 725 Ord Code: 720A Cust /Flt Name: SOUTH MIAMI PO Number: RETAIL RETAIL P71 POLICE INTERCEP $25500 - - 45C 3.27 RATIO TRAG -$1.25 -- - WT VIBRANT WHT C/C 478 C /LAMPS DISABLE 20 I CLTH BKTS /VNL R 51A DRV SDE SPT IMP 190 L MED LT STONE 53M NOISE SUPPRESS 95 720A ORDER CODE 61H DECKLD REL IP /D 60 .POLICE PACKAGE 67R RR DR HND INOP 25 .DUAL EXHAUST 948 RR WINDOW DEL 25 .H -D BATTERY 968 FRT MLDG UNINST 30 .ENG IDLE METER 99W .4.6L OHC EFI V8 NC TOTAL BASE AND OPTIONS 27415 44Q .ELEC AOD TRANS NC TOTAL 27415 TC1 .P235/55RI7 BSW NC *THIS IS NOT AN INVOICE* 14T 'TRUNK PACK 190 153 FRT LICENSE BKT NC * MORE ORDER INFO NEXT PAGE* 177 SILICONE HOSES 320 FB =Next F1 =Help F2= Return to Order F3 /F12 =Veh Ord Menu F4- =Submit F5 =Add to Library 5006 aMDRS ,BATA. IS AVAIL1�iELE _ j-f'ernSWLEET077 0?-) p ew Oct 12. 2006 11,!1ri•4g AM 10/12/2006 12:05 3050202592 GUS MACHADO FORD PAGE 05 CNGP530 '4 VEHICLE ORDER CONFIRMATION 10/12/06 10:58:47 = => ?Dealer: F 24070 !1A 2007 CROWN VICTORIA Page: 2 of 2 Order No: 9999 priority: M1 Ord FIN: QM510 Order Type: 5B Price Level: 725 Ord Code: 720A Cust /Flt Name: SOUTH MIAMI PQ Number: ,RETAIL RETAIL _ --- - _ — - 98G LOCKING- -GAS CAS' $10 - SP DLR ACCT ADJ SP FLT ACCT CR 5 U.S. GAL GAS B4A NET INV FLT OPT NC DEST AND DELIV 825 TOTAL BASE AND OPTIONS 274 Q� TOTAL 2 5 *THIS IS NOT AN INVOI * F7 =Prev K Help F2 =Return to Order F3 /F12 =Veh Ord Menu F4= Submit F5 =Add to Library 5099 - PRESS r4 TO SUBMIT QC049312 - E C�.p►� U)Nl w - j- fern59 @FLEET077 Oct 12, 2006 11 :15:57 AM 10/12/2006 12:05 3058202592 GUS MACHADO FORD PAGE 06 CNGPAL— VEHICLE ORDER CONFIRMATION 10/12/06 11:01:12 _ -� Dealer: F24070 2007 CROWN VICTORIA Page: 1 of 1 rder No: 9999 Priority: M1 Ord FIN: QM510 Order Type: 5B Price Level: 725 Ord Code: 720A Cast /Flt Name:. SOUTH MIAMI PO Number: RETAIL RETAIL P71 POLICE INTERCEP $25500 45C 3.27 RATIO -TRAC $125-- WT VIBRANT WnT C/C 478 C /LAMPS DISABLE 20 H CLTH BUCKETS /RR (65) 51A DRV SDE SPT LMP 190 L MED LT STONE 53M NOISE SUPPRESS 95 720A ORDER CODE 61H DECKLD REL IP /D 60 .POLICE PACKAGE 96A FRT MLDG INSTLL 30 .DUAL EXHAUST 98G LOCKING GAS CAP 10 .H -D BATTERY SP DLR ACCT ADJ .ENG IDLE METER SP FLT ACCT CR 99W .4.6L OHC EFT V8 NC 5 U.S. GAL,GAS 44Q .ELEC AOD TRANS NC 84A NET INV FLT OPT NC TC1 .P235/55R17 BSW NC DEST AND DELIV 825 14T TRUNK PACK 190 TOTAL BASE AND OPTIONS 2730., 153 FRT LICENSE BKT NC TOTAL 27 0 ` 177 SILICONE HOSES 320 *THIS IS NOT AN INVOIC, F1 =Help F2-Return to Order F3 /F12 -Veh Ord Menu F4= Submit F5 =Add to Library S099 - PRESS F4 TO SUBMIT QC049312 _N10'T -4; w � '. j- fern59 @FLEET077 r11 4 Ler c-(� ALA Oct 12, 2006 11 :18:24 AM 10/12/2006 12:05 3058202592 GUS MACHADO FORD PAGE 07 CNGP530 � VEHICLE ORDER CONFIRMATION 10/12/06 11:05:57 -=> �,,, � _ _ Dealer: F24070 <yv , 2 007 CROWN VICTORIA Page: 1 of 1 Order No: 9999 Priority: M1 Ord FIN: QM510 Order Type: 5B Price Level.: 725 Ord Code: 720A Cult /Flt Name: SOUTH MIAMI PO Number: RETAIL RETAIL =V7 I - POZ ICE IN_� ^__ TERCEP $25500 45C ~ -3.27 RATIO�TRAC $� 25 HG SMQKESTONE 478 C /LAMPS DISABLE 20 H CLTH BUCKETS /RR (65) 51A DRV SDE SPT LMP 190 J LIGHT CAMEL 53M NOISE SUPPRESS 95 720A ORDER CODE 61H DECKLD REL IP /D 60 .POLICE PACKAGE 96A FRT MLDG INSTLL 30 .DUAL EXHAUST 98G LOCKING GAS CAP 10 .H -D BATTERY SP DLR ACCT ADJ -ENG IDLE METER SP FLT ACCT CR 99W -4.6L OHC EFI V8 NC 5 U.S. GAL GAS 44Q .ELEC AOD TRANS NC B4A NET INV FLT OPT NC TC1 .P235/55RI7 BSW NC DEST AND DELIV 825 14T TRUNK PACK 190 TOTAL BASE AND OPTIONS 273 ` 153 FRT LICENSE DKT NC TOTAL 2 0� b� / i 177 SILICONE HOSES 320 *THIS IS NOT AN INVOICE* FI=Help F2= Return to Order F3 /FI2TVeh Ord Menu F4 =Submit F5=Add to Library 3499 - 1SS F4 TO SiT QC049312 j- fern59 @FLEET077 Oct 12. 2006 11:23:06 AM So u r10 South Miami o� r 7 A1410 caCRY INCORPORATED • • .CITY OF SOUTH MIAMI - 1927 I P OFFICE OF THE CITY MANAGER R VO INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: November 7 2006 A g enda Item No.: Subject: Landscaping Contractual Services within the City's Right -of -way. Resolution: A RESOLUTION OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER FOR SUPERIOR LANDSCAPING & LAWN SERVICE, INC. FOR LANDSCAPING MAINTENANCE SERVICES IN AN AMOUNT OF $68,241.00 TO BE CHARGED TO ACCOUNT NUMBER 001 - 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute service Work Order for contractual landscaping maintenance services within the City's right -of -way. Reason/Need: In an effort to continue , maintaining and beautifying our right -of -way and median, we are proposing to secure landscaping maintenance services with Superior Landscaping & Lawn Service, Inc. (SLLS) for $68,241.00 for the rest of the fiscal year. The locations to be maintained include: • Sunset Drive from SW 62Dd Avenue to SW 6901 Avenue • SW 64th Street from SW 59th Avenue to SW 60th Avenue • Bird Road from SW 57b Avenue to SW 65th Avenue • SW 57th Avenue from US -1 to Sunset Drive • US -1 from SW 57th Avenue to SW 80th Street • Nine Traffic Circles To secure SLLS' services, we plan to "piggyback" on the County's Contract No. 5066 -1/06, bid number 7362- 4/,08 -2, issued July 14, 2006. Cost: $68,241.00 Funding Source: Public Works Department's account number 001 - 1730 -541 -3450 with current account balance of $73,641.00. Backup Documentation: Proposed Resolution ❑ Proposals U Copy of County's contract documents with Superior Landscaping Service, Inc. 1 3 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE WORK ORDER FOR SUPERIOR LANDSCAPING & LAWN SERVICE, INC. FOR LANDSCAPING MAINTENANCE SERVICES IN AN AMOUNT OF $68,241.00 TO =.BE CHARGED TO ACCOUNT NUMBER 001- 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to, provide landscaping maintenance within the City's right -of -ways and median; and WHEREAS, the City wishes to secure the landscaping maintenance services of Superior Landscaping & Lawn Service, Inc. in an amount of $68,241.00; and WHEREAS, the landscaping maintenance services will be funded through Public Works Department's account number 001 - 1730 -541 -3450 with an account balance of $73,641.00 before this request. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR A,ND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Commission authorizes the City Manager to execute a landscaping maintenance service work order with Superior Landscaping & Lawn Service, Inc. in an amount of $68,241.00 for the landscaping maintenance services of the City's right -of -ways and median.: The service work order is incorporated- by reference and attached hereto as exhibit 1. Section 2: That the landscaping service maintenance will be funded through Public Works Department's account number 001 - 1730 -541 -3450 with a current balance of $73,641.00. Section 3: This resolution shall be effective immediately. PASSED AND ADOPTED this day of November, 2006. APPROVED: ATTEST: MARIA MENENDEZ, CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A., Office of City Attorney MAYOR Commission Vote: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Beckman: Commissioner Birts: Commissioner Palmer: SUPERIOR LANQBGAPII4 113. &tAN1�19ER1lICE. IMC..- P.O. Box 35-0095 MIAMI, FLORIDA 33135-0095 OFFICE: 305.634'0717 FAx:305- 634'0744 E -MAIL: SUPERLANDSCAPE @BELLSOUTH.NET LANDSCAPING MAINTENANCE AGREEMENT Contract Submitted To: City of South Miami Date: October 18, 2006 ATTN: Rudy Torres Ph: 305- 796 -1543 Fx:305. 668.7508 Job Site: Nine Traffic Circles Located throughout the City of South Miami C��:11 =I�r1 Frequency of Services Superior Landscaping & Lawn Service, Inc will service nine traffic circles located throughout the City of South Miami in order to provide Landscaping Maintenance services as per this contract.. Conditions This Agreement shall remain in effect beginning on 20_, unless earlier terminated by either party pursuant to Notice of Cancellation below. This Agreement will automatically renew on a yearly basis. EXHIBIT B Specifications of Basic Services 1.1 Mowing A. The mowing cycle consists of twenty -six (26) visits per year. B. All leaves, litter and debris shall be removed from grass before mowing. C. All mowers blades shall be sharp enough to cut, rather than tear, grass blades. D. Rotary mowers shall be used on this contract. E. Mowing shall not be performed when weather or other conditions would cause damaged turf. F. All mowers are to be adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. 2.1 Edging A. After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc., as well as shrubs, ground covers beds, hedges, trees, etc. 3.1 Trimming of Grass A. Grass will be trimmed simultaneously with the mowing at each visit. B. Grass trimming will be accomplished by a hand held power line trimmers. 4.1 Raking A. Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 5.1 Shrubs, Hedges and Ground Covers Care A. Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. 6.1 Trees and Palms A. Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth, and as the health of the plant may require. B. Shrubs shall not be clipped into balled or boxed for unless such is required by the design. South Miami Traffic Circles Maintenance Proposal #6112 (10 -18 -06) (2) Page 1 of 2 SUPERIOR LnN09CgPIN6BLAVNVSER/ICE IIIC: P.O. Box 35.0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305- 634'0717 FAx:305-634.0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET C. New sprouts will be removed from tree trunks. D. Low limbs and branches will be pruned and maintained to provide and 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 7.1 Weed Control A. Weed control will be performed on planted beds and tree wells by means of manual, mechanical and/or chemical means. 8.1 Litter Control A. Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. 9.1 Fertilizing A. Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows. B. All trees, palms, grass areas and shrubs shall be fertilized twice (2) per year. C. All applications will be made in an even, uniform manner by competent personnel as stated by Manufacturer's instruction. D. Contractor will perform watering of any fertilizer applied as required by Manufacturer's instructions. 10.1 Mulch Contractor shall provide and apply Twenty (20) cubic yards of Cypress Mulch EXHIBIT C Cancellation Notice: A thirty- (30) day notice of cancellation is required by either party in order to terminate this agreement. Should early cancellation occur, then an audit of services rendered less payments to date shall be performed and the contractor or owner shall either be credited or charged for services performed as of the cancellation date. We hereby propose to furnish labor completely in accordance with the above specifications, for the sum of: $900.00 per month at a yearly rate of $10,800.00. Payment will be made as follows: Payment in full upon receipt of monthly invoice. Past due accounts will acquire an eighteen percent (18 %) interest per year. Should collection activities be warranted, client shall be responsible for any related expenses including but not limited to attorney's fee and court cost. There is a $50.00 fee for each returned check. Any alterations made will void this document. This is a binding contract for Superior Landscaping & Lawn Service, Inc., we will not be liable or responsible for any loss, repair or replacement of any of the above mentioned due to high winds, hail, lightning storms, heavy rains, vandalism, floods, heat construction, insect plagues or infestation, inadequate irrigation, tornadoes, hurricanes and Acts of God. The undersigned client states that they are the owners and /or agent of the above mentioned property. Owner and /or agent give express permission to enter said property is free and clear from any hidden dangers or defects. All work will be completed in a manner according to standard practices. Contractor is not responsible for any underground utility damage. ACCEPTANCE OF PROPOSAL Client Superior Landscaping & Lawn Service, Inc. Orlando Otero - President PRINT NAME AND TITLE PRINT NAME AND TITLE SIGNATURE AND DATE SIGNATURE AND DATE South Miami Traffic Circles Maintenance Proposal #6112 (10 -18 -06) (2) Page 2 of 2 SUPERIQR = ii.'C.x4f:i -- C`i4PIhl.K.�d Gi4Y�F79EliK1 i-J� � - > ":t P.O. Box 35-0095 MIAMI, FLORIDA 33135-0095 OFFICE: 305-63440717 FAx:305 -634 -0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET LANDSCAPING MAINTENANCE AGREEMENT Contract Submitted To: City of South Miami Date: May 11, 2006 ATTN: Rudy Torres Ph: 305- 796.1543 Fx:305- 668 -7208 Job Site: Sunset Drive from 62nd Avenue to 69th Avenue South Miami, FL 'EXHIBIT A Frequency of Services Superior Landscaping & Lawn Service, Inc will service Sunset Drive from 62nd Avenue to 69th Avenue in order to provide Landscaping Maintenance services as per this contract. The mowing cycle consists of thirty (30) visits per year providing all the services specified on this contract. Conditions This Agreement shall remain in effect beginning on 20_, unless earlier terminated by either party pursuant to Notice of Cancellation below. This Agreement will automatically renew on a yearly basis. EXHIBIT B Specifications of Basic Services 1.1 Mowing A. Mowing is performed once every ten (10) days April 1 through September 30• once every fourteen 04) days. October 1 through March 31 B. All leaves, litter and debris shall be removed from grass before mowing. C. All mowers blades shall be sharp enough to cut, rather than tear, grass blades. D. Rotary mowers shall be used on this contract. E. Mowing shall not be performed when weather or other conditions would cause damaged turf. F. All mowers are to be adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. 2.1 Edging A. After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc., as well as shrubs, ground covers beds, hedges, trees, etc. 3.1 Trimming of Grass A. Grass will be trimmed simultaneously with the mowing at each visit. B. Grass trimming will be accomplished by a hand held power line trimmers. 4.1 Raking A. Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 5.1 Shrubs, Hedges and Ground Covers Care A. Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. South Miami Maintenance Proposal #5295 (5- 11 -06) Page 1 of 3 i SUPERIQR P.O. Box 35-0095 MIAMI, FLORIDA 33135-0095 OFFICE: 305.634-0717 FAX: 305.634-0744 E -MAIL: SUPERLANDSCAPE @BELLSOUTH.NET 6.1 Trees and Palms A. Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth, and as the health of the plant may require. B. Shrubs shall not be clipped into balled or boxed for unless such is required by the design. C. New sprouts will be removed from tree trunks. D. Low limbs and branches will be pruned and maintained to provide and 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 7.1 Weed Control A. Weed control will be performed on planted beds and tree wells by means of manual, mechanical and /or chemical means. 8.1 Litter Control A. Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. 9.1 Fertilizing A. Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows. B. All trees, palms, grass areas and shrubs shall be fertilized three 3 times per year. C. All applications will be made in an even, uniform manner by competent personnel as stated by Manufacturer's instruction. D. Contractor will perform watering of any fertilizer applied as required by Manufacturer's instructions 10.1 Mulch A. Contractor shall supply and install twelve yards (12 CY) of Red Mulch at one (1) application per year. EXHIBIT C Cancellation Notice: A thirty- (30) day notice of cancellation is required by either party in order to terminate this agreement. Should early cancellation occur, then an audit of services rendered less payments to date shall be performed and the contractor or owner shall either be credited or charged for services performed as of the cancellation date. We hereby propose to furnish labor completely in accordance with the above specifications, for the sum of: $929.25 per month at a yearly rate of $11,151.00. PRICING BREAKDOWN SERVICE NUMBER OF VISITS PER YEAR PRICE PER VISIT PRICE PER MONTH PRICE PER YEAR Mowing 30 $300.00 $750.00 $9,000.00 Fertilizer 3 $525.00 $131.25 $1,575.00 Mulch 1 $576.00 $48.00 $576.00 TOTALS1 $929.25 $11,151.00 Payment will be made as follows: Payment in full upon receipt of monthly invoice. Past due accounts will acquire 1.5 % monthly interest. Should collection activities be warranted, client shall be responsible for any related expenses including but not limited to attorney's fee and court cost. There is a $50.00 fee for each returned check. Any alterations made will void this document. South Miami Maintenance Proposal #5295 (5- 11 -06) Page 2 of 3 SUPERIOR P.O. Box 35 -0095 MIAMI, FLORIDA 33135-0095 OFFICE: 305. 634 -0717 FAX: 305-634-0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET This is a binding contract for Superior Landscaping & Lawn Service, Inc., we will not be liable or responsible for any loss, repair or replacement of any of the above mentioned due to high winds, hail, lightning storms, heavy rains, vandalism, floods, heat construction, insect plagues or infestation, inadequate irrigation, tornadoes, hurricanes and Acts of God. The undersigned client states that they are the owners and/or agent of the above mentioned property. Owner and /or agent give express permission to enter said property is free and clear from any hidden dangers or defects. All work will be completed in a manner according to standard practices. Contractor is not responsible for any underground utility damage. ACCEPTANCE OF PROPOSAL Client Superior Landscaping & Lawn Service, Inc. Orlando Otero - President PRINT NAME AND TITLE PRINT NAME AND TITLE SIGNATURE AND DATE SIGNATURE AND DATE South Miami Maintenance Proposal #5295 (5- 11 -06) Page 3 of 3 P.O. Box 35 -0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305.634.0717 FAx:305- 634.0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET LANDSCAPING MAINTENANCE AGREEMENT Contract Submitted To: City of South Miami Date: May 3, 2006 ATTN: Rudy Torres Ph: 305 - 796 -1543 Fx:305- 668.7208 Job Site: 64th Street from 59th Avenue to 60th Avenue South Miami, FL EXHIBIT A Frequency of Services Superior Landscaping & Lawn Service, Inc will service 64th Street from 59th Avenue to 60th Avenue in order to provide Landscaping Maintenance services as per this contract. The mowing cycle consists of thirty (30) visits per year providing all the services specified on this contract. Conditions This Agreement shall remain in effect beginning on _, 20_, unless earlier terminated by either party pursuant to Notice of Cancellation below. This Agreement will automatically renew on a yearly basis. EXHIBIT B Specifications of Basic Services 1.1 Mowing A. Mowing is performed once every ten (10) days April 1 through September 30• once every fourteen (14) days, October 1 through March 31 B. All leaves, litter and debris shall be removed from grass before mowing. C. All mowers blades shall be sharp enough to cut, rather than tear, grass blades. D. Rotary mowers shall be used on this contract. E. Mowing shall not be performed when weather or other conditions would cause damaged turf. F. All mowers are to be adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. 2.1 Edging A. After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc., as well as shrubs, ground covers beds, hedges, trees, etc. 3.1 Trimming of Grass A. Grass will be trimmed simultaneously with the mowing at each visit. B. Grass trimming will be accomplished by a hand held power line trimmers. 4.1 Raking A. Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 5.1 Shrubs, Hedges and Ground Covers Care A. Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. South Miami Maintenance Proposal #5245 (5 -3 -06) Page 1 of 3 ,-,� .. . SUPERICJR L3`3�AP ' ERfi P.O. Box 35 -0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305-634,0717 FAx:305- 634-0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET 6.1 Trees and Palms A. Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth, and as the health of the plant may require. B. Shrubs shall not be clipped into balled or boxed for unless such is required by the design. C. New sprouts will be removed from tree trunks. D. Low limbs and branches will be pruned and maintained to provide and 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 7.1 Weed Control A. Weed control will be performed on planted beds and tree wells by means of manual, mechanical and /or chemical means. 8.1 Litter Control A. Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. 9.1 Fertilizing A. Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows. B. All trees, palms, grass areas and shrubs shall be fertilized three 3 times per year. C. All applications will be made in an even, uniform manner by competent personnel as stated by Manufacturer's instruction. D. Contractor will perform watering of any fertilizer applied as required by Manufacturer's instructions 10.1 Mulch A. Contractor shall supply and install eight cubic yards (8 CY) of Red Mulch at one (1) application per year. EXHIBIT C Cancellation Notice: A thirty- (30) day notice of cancellation is required by either party in order to terminate this agreement. Should early cancellation occur, then an audit of services rendered less payments to date shall be performed and the contractor or owner shall either be credited or charged for services performed as of the cancellation date. We hereby propose to furnish labor completely in accordance with the above specifications, for the sum of: $372.00 per month at a yearly rate of $4,464.00. PRICING BREAKDOWN SERVICE NUMBER OF VISITS PER YEAR PRICE PER VISIT PRICE PER MONTH PRICE PER YEAR Mowing 30 $100.00 $250.00 $3,000.00 Fertilizer 3 $360.00 $90.00 $1,080.00 Mulch 1 $384.00 $32.00 $384.00 TOTALS1 $372.00 $4,464.00 Payment will be made as follows: Payment in full upon receipt of monthly invoice. Past due accounts will acquire 1.5 % monthly interest. Should collection activities be warranted, client shall be responsible for any related expenses including but not limited to attorney's fee and court cost. There is a $50.00 fee for each returned check. Any alterations made will void this document. South Miami Maintenance Proposal #5245 (5 -3 -06) Page 2 of 3 SUPERIC) P.O. Box 35 -0095 MIAMI, FLORIDA 33135-0095 OFFICE: 305. 634-0717 FAx:305- 634 -0744 E-MAIL: SUPERLANDSCAPEC@BELLSOUTH.NET This is a binding contract for Superior Landscaping & Lawn Service, Inc., we will not be liable or responsible for any loss, repair or replacement of any of the above mentioned due to high winds, hail, lightning storms, heavy rains, vandalism, floods, heat construction, insect plagues or infestation, inadequate irrigation, tornadoes, hurricanes and Acts of God. The undersigned client states that they are the owners and /or agent of the above mentioned property. Owner and /or agent give express permission to enter said property is free and clear from any hidden dangers or defects. All work will be completed in a manner according to standard practices. Contractor is not responsible for any underground utility damage. ACCEPTANCE OF PROPOSAL Client PRINT NAME AND TITLE SIGNATURE AND DATE Superior Landscaping & Lawn Service, Inc. Orlando Otero - President PRINT NAME AND TITLE SIGNATURE AND DATE South Miami Maintenance Proposal #5245 (5 -3 -06) Page 3 of 3 SUPERIQR P.O. Box 35-0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305-634m0717 FAx:305- 634.0744 E -MAIL: SUPERLANDSCAPE @BELLSOUTH.NET LANDSCAPING MAINTENANCE AGREEMENT Contract Submitted To: City of South Miami Date: May 3, 2006 ATTN: Rudy Torres Ph: 305- 796.1543 Fx:305. 668 -7208 Job Site: Bird Road from 65th Avenue to 57th Avenue South Miami, FL EXHIBIT A Frequency of Services Superior Landscaping & Lawn Service. Inc will service Bird Road from 65th Avenue to 57th Avenue in order to provide Landscaping Maintenance services as per this contract. The mowing cycle consists of thirty (30) visits per year providing all the services specified on this contract. Conditions This Agreement shall remain in effect beginning on 20_, unless earlier terminated by either party pursuant to Notice of Cancellation below. This Agreement will automatically renew on a yearly basis. EXHIBIT B Specifications of Basic Services 1.1 Mowing A. Mowing is performed once every ten (10) days April 1 through September 30• once every fourteen (14) days, October 1 through March 31 B. All leaves, litter and debris shall be removed from grass before mowing. C. All mowers blades shall be sharp enough to cut, rather than tear, grass blades. D. Rotary mowers shall be used on this contract. E. Mowing shall not be performed when weather or other conditions would cause damaged turf. F. All mowers are to be adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. 2.1 Edging A. After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc., as well as shrubs, ground covers beds, hedges, trees, etc. 3.1 Trimming of Grass A. Grass will be trimmed simultaneously with the mowing at each visit. B. Grass trimming will be accomplished by a hand held power line trimmers. 4.1 Raking A. Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 5.1 Shrubs, Hedges and Ground Covers Care A. Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. South Miami Maintenance Proposal #5244 (5 -3 -06) Page 1 of 3 "UPERIC)R LAi• 65a�.M1PIhP.^. A L.AV�S E .ICE I P.O. Box 35 -0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305- 6340717 FAx:305- 634-0744 E -MAIL: SUPERLANDSCAPE @BELLSOUTH.NET 6.1 Trees and Palms A. Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth, and as the health of the plant may require. B. Shrubs shall not be clipped into balled or boxed for unless such is required by the design. C. New sprouts will be removed from tree trunks. D. Low limbs and branches will be pruned and maintained to provide and 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 7.1 Weed Control A. Weed control will be performed on planted beds and tree wells by means of manual, mechanical and /or chemical means. 8.1 Litter Control A. Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. 9.1 Fertilizing A. Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows. B. All trees, palms, grass areas and shrubs shall be fertilized three 3 times per year. C. All applications will be made in an even, uniform manner by competent personnel as stated by Manufacturer's instruction. D. Contractor will perform watering of any fertilizer applied as required by Manufacturer's instructions 10.1 Mulch A. Contractor shall supply and install twenty -two cubic yards (22 CY) of Red Mulch at one (1) application per year. EXHIBIT C Cancellation Notice: A thirty- (30) day notice of cancellation is required by either party in order to terminate this agreement. Should early cancellation occur, then an audit of services rendered less payments to date shall be performed and the contractor or owner shall either be credited or charged for services performed as of the cancellation date. We hereby propose to furnish labor completely in accordance with the above specifications, for the sum of: $1,288.00 per month at a yearly rate of $15,456.00. PRICING BREAKDOWN SERVICE NUMBER OF VISITS PER YEAR PRICE PER VISIT PRICE PER MONTH PRICE PER YEAR Mowing 30 $390.00 $975.00 $11,700.00 Fertilizer 3 $900.00 $225.00 $2,700.00 Mulch 1 $1,056.00 $88.00 $1,056.00 TOTALS1 $1288.00 $15,456.00 Payment will be made as follows: Payment in full upon receipt of monthly invoice. Past due accounts will acquire 1.5 % monthly interest. Should collection activities be warranted, client shall be responsible for any related expenses including but not limited to attorney's fee and court cost. There is a $50.00 fee for each returned check. Any alterations made will void this document. South Miami Maintenance Proposal #5244 (5 -3 -06) Page 2 of 3 `�--uPERIQR P.O. Box 35-0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305. 6340717 FAx:305- 634 -0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET This is a binding contract for Superior Landscaping & Lawn Service, Inc., we will not be liable or responsible for any loss, repair or replacement of any of the above mentioned due to high winds, hail, lightning storms, heavy rains, vandalism, floods, heat construction, insect plagues or infestation, inadequate irrigation, tornadoes, hurricanes and Acts of God. The undersigned client states that they are the owners and /or agent of the above mentioned property. Owner and/or agent give express permission to enter said property is free and clear from any hidden dangers or defects. All work will be completed in a manner according to standard practices. Contractor is not responsible for any underground utility damage. ACCEPTANCE OF PROPOSAL Client PRINT NAME AND TITLE SIGNATURE AND DATE Superior Landscaping & Lawn Service, Inc. Orlando Otero - President PRINT NAME AND TITLE SIGNATURE AND DATE South Miami Maintenance Proposal #5244 (5 -3 -06) Page 3 of 3 SUPEF2IC)R P.O. Box 35-0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305-634m0717 FAx:305. 634.0744 E -MAIL: SUPERLANDSCAPE @BELLSOUTH.NET LANDSCAPING MAINTENANCE AGREEMENT Contract Submitted To: City of South Miami Date: May 11, 2006 ATTN: Rudy Torres Ph: 305- 796.1543 Fx: 305 - 668 -7208 � „ LAS 1 � Scc 57 4k Ave-roe, nst Job Site: e South Miami, FL EXHIBIT A Frequency of Services 37-4 i%r'P �� l/S/ Superior Landscaping & Lawn Service, Inc will service 'O844ren3? * ymtw to Sunset Drive in order to provide Landscaping Maintenance services as per this contract. The mowing cycle consists of thirty (30) visits per year providing all the services specified on this contract. Conditions This Agreement shall remain in effect beginning on _, 20_, unless earlier terminated by either party pursuant to Notice of Cancellation below. This Agreement will automatically renew on a yearly basis. EXHIBIT B Specifications of Basic Services 1.1 Mowing A. Mowinq is performed once every ten (10) days April 1 through September 30• once every fourteen (14) days, October 1 through March 31 B. All leaves, litter and debris shall be removed from grass before mowing. C. All mowers blades shall be sharp enough to cut, rather than tear, grass blades. D. Rotary mowers shall be used on this contract. E. Mowing shall not be performed when weather or other conditions would cause damaged turf. F. All mowers are to be adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. 2.1 Edging A. After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc., as well as shrubs, ground covers beds, hedges, trees, etc. 3.1 Trimming of Grass A. Grass will be trimmed simultaneously with the mowing at each visit. B. Grass trimming will be accomplished by a hand held power line trimmers. 4.1 Raking A. Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 5.1 Shrubs, Hedges and Ground Covers Care A. Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. South Miami Maintenance Proposal 45243 (5- 3- 06)(Rev 5- 11 -06) Page 1 of SUPERI(DFR PM P.O. Box 35 -0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305. 634.0717 FAx:305- 634.0744 E-MAIL: SUPERLANDSCAPE@BELLSOUTH.NET 6.1 Trees and Palms A. Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth, and as the health of the plant may require. B. Shrubs shall not be clipped into balled or boxed for unless such is required by the design. C. New sprouts will be removed from tree trunks. D. Low limbs and branches will be pruned and maintained to provide and 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 7.1 Weed Control A. Weed control will be performed on planted beds and tree wells by means of manual, mechanical and /or chemical means. 8.1 Litter Control A. Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. 9.1 Fertilizing A. Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows. B. All trees, palms, grass areas and shrubs shall be fertilized three 3 ) times per year. C. All applications will be made in an even, uniform manner by competent personnel as stated by Manufacturer's instruction. D. Contractor will perform watering of any fertilizer applied as required by Manufacturer's instructions EXHIBIT C Cancellation Notice: A thirty (30) day notice of cancellation is required by either party in order to terminate this agreement. Should early cancellation occur, then an audit of services rendered less payments to date shall be performed and the contractor or owner shall either be credited or charged for services performed as of the cancellation date. We hereby propose to furnish labor completely in accordance with the above specifications, for the sum of: $677.50 per month at a yearly rate of $8,130.00. PRICING BREAKDOWN SERVICE NUMBER OF VISITS PER YEAR PRICE PER VISIT PRICE PER MONTH PRICE PER YEAR Mowing 30 $210.00 $525.00 $6,300.00 Fertilizer 3 $610.00 $152.50 $1,830.00 TOTALS1 $677.50 $8,130.00 Payment will be made as follows: Payment in full upon receipt of monthly invoice. Past due accounts will acquire 1.5 % monthly interest. Should collection activities be warranted, client shall be responsible for any related expenses including but not limited to attorney's fee and court cost. There is a $50.00 fee for each returned check. Any alterations made will void this document. This is a binding contract for Superior Landscaping & Lawn Service, Inc., we will not be liable or responsible for any loss, repair or replacement of any of the above mentioned due to high winds, hail, lightning storms, heavy rains, vandalism, floods, heat construction, insect plagues or infestation, inadequate irrigation, tornadoes, hurricanes and Acts of God. South Miami Maintenance Proposal #5243 (5- 3- 06)(Rev 5- 11 -06) Page 2 of 3 P.O. Box 35 -0095 MIAMI, FLORIDA 33135-0095 OFFICE: 305.634.0717 FAx:305.634.0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET The undersigned client states that they are the owners and/or agent of the above mentioned property. Owner and/or agent give express permission to enter said property is free and clear from any hidden dangers or defects. All work will be completed in a manner according to standard practices. Contractor is not responsible for any underground utility damage. ACCEPTANCE OF PROPOSAL Client Superior Landscaping & Lawn Service, Inc. Orlando Otero - President PRINT NAME AND TITLE PRINT NAME AND TITLE SIGNATURE AND DATE SIGNATURE AND DATE South Miami Maintenance Proposal #5243 (5- 3- 06)(Rev 5- 11 -06) Page 3 of 3 UPERIR. P.O. Box 35-0095 MIAMI, FLORIDA 33135-0095 OFFICE: 305. 634.0717 FAx:305- 634.0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET LANDSCAPING MAINTENANCE AGREEMENT Contract Submitted To: City of South Miami Date: May 11, 2006 ATTN: Rudy Torres Ph: 305 - 796 -1543 Fx:305- 668 -7208 Job Site: US 1 from 80th Street to 57th Avenue South Miami, FL EXHIBIT A Freauencv of Services Superior Landscaping & Lawn Service, Inc will service US 1 from 80th Street to 57th Avenue, in order to provide Landscaping Maintenance services as per this contract. The mowing cycle consists of thirty (30) visits per year providing all the services specified on this contract. Conditions This Agreement shall remain in effect beginning on _, 20_, unless earlier terminated by either party pursuant to Notice of Cancellation below. This Agreement will automatically renew on a yearly basis. EXHIBIT B Specifications of Basic Services 1.1 Mowing A. Mowing is performed once every ten (10) days, April 1 through September 30: once every fourteen (14) days, October 1 through March 31 B. All leaves, litter and debris shall be removed from grass before mowing. C. All mowers blades shall be sharp enough to cut, rather than tear, grass blades. D. Rotary mowers shall be used on this contract. E. Mowing shall not be performed when weather or other conditions would cause damaged turf. F. All mowers are to be adjusted to the proper cutting height and level; to be measured from level grade surface to the parallel and level plane of the mower blade. 2.1 Edging A. After each mowing, use a mechanical edger to edge to a neat uniform vertical line all grass abutting curbs, sidewalk, driveways, flush -paved surfaces, etc., as well as shrubs, ground covers beds, hedges, trees, etc. 3.1 Trimming of Grass A. Grass will be trimmed simultaneously with the mowing at each visit. B. Grass trimming will be accomplished by a hand held power line trimmers. 4.1 Raking A. Grass clippings caused by mowing, edging and trimming will be removed from the curbs, parking lots, street, walkways, planted beds and other adjacent surfaces on the same day as mowed. 5.1 Shrubs, Hedges and Ground Covers Care A. Shrubs and hedges will be trimmed as necessary in order to maintain a proper height and appearance. South Miami Maintenance Proposal #5246 (5- 3- 06)(Rev 5- 11 -06) Page 1 of 3 SUPERIQR P.O. Box 35 -0095 MIAMI, FLORIDA 33135 -0095 OFFIcE:305-634,0717 FAx:305- 634.0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET 6.1 Trees and Palms A. Plants and shrubs shall be pruned at the best time for flower bud development, foliage growth, and as the health of the plant may require. B. Shrubs shall not be clipped into balled or boxed for unless such is required by the design. C. New sprouts will be removed from tree trunks. D. Low limbs and branches will be pruned and maintained to provide and 8' foot clearance over walkways, parking lots and other areas which may interfere the visibility to vehicles and pedestrians. 7.1 Weed Control A. Weed control will be performed on planted beds and tree wells by means of manual, mechanical and /or chemical means. 8.1 Litter Control A. Litter and debris generated by contractors from the landscape maintenance service will be removed on every visit. 9.1 Fertilizing A. Contractor shall be responsible for coordinating timing, delivery and application of all necessary fertilizer as follows. B. All trees, palms, grass areas and shrubs shall be fertilized three 3 times per year. C. All applications will be made in an even, uniform manner by competent personnel as stated by Manufacturer's instruction. D. Contractor will perform watering of any fertilizer applied as required by Manufacturer's instructions 10.1 Mulch A. Contractor shall supply and install sixty cubic yards (60 CY) of Red Mulch at one (1) application per year. EXHIBIT C Cancellation Notice: A thirty- (30) day notice of cancellation is required by either party in order to terminate this agreement. Should early cancellation occur, then an audit of services rendered less payments to date shall be performed and the contractor or owner shall either be credited or charged for services performed as of the cancellation date. We hereby propose to furnish labor completely in accordance with the above specifications, for the sum of: $1,520.00 per month at a yearly rate of $18,240.00. PRICING BREAKDOWN SERVICE NUMBER OF VISITS PER YEAR PRICE PER VISIT PRICE PER MONTH PRICE PER YEAR Mowing 30 $495.00 $1,237.50 $14,850.00 Fertilizer 3 $610.00 $152.50 $1,830.00 Mulch 1 $1,560.00 $130.00 $1,560.00 TOTALS 1 $1,520.00 $18,240.00 Payment will be made as follows: Payment in full upon receipt of monthly invoice. Past due accounts will acquire 1.5 % monthly interest. Should collection activities be warranted, client shall be responsible for any related expenses including but not limited to attorney's fee and court cost. There is a $50.00 fee for each returned check. Any alterations made will void this document. South Miami Maintenance Proposal #5246 (5- 3- 06)(Rev 5- 11 -06) Page 2 of 3 ate_. SUPERIC?R P.O. Box 35 -0095 MIAMI, FLORIDA 33135 -0095 OFFICE: 305-634m0717 FAx:305- 634.0744 E-MAIL: SUPERLANDSCAPE @BELLSOUTH.NET This is a binding contract for Superior Landscaping & Lawn Service, Inc., we will not be liable or responsible for any loss, repair or replacement of any of the above mentioned due to high winds, hail, lightning storms, heavy rains, vandalism, floods, heat construction, insect plagues or infestation, inadequate irrigation, tornadoes, hurricanes and Acts of God. The undersigned client states that they are the owners and /or agent of the above mentioned property. Owner and /or agent give express permission to enter said property is free and clear from any hidden dangers or defects. All work will be completed in a manner according to standard practices. Contractor is not responsible for any underground utility damage. ACCEPTANCE OF PROPOSAL Client PRINT NAME AND TITLE SIGNATURE AND DATE Superior Landscaping & Lawn Service, Inc. Orlando Otero - President PRINT NAME AND TITLE SIGNATURE AND DATE South Miami Maintenance Proposal 45246 (5- 3- 06)(Rev 5- 11 -06) Page 3 of Aus. 22. 2406 3: 49PM No, 3699 P. 2 07/14/2006.15; s. FAX SOB 37"X,p_. _• _DIVfBIDSIGONT A ADN,DIV. IM0a2 /003 1 111 NW 1st Vie! • Me WO M mbmt Flwda33170.1974 . T 30sa7�3 -5289 F 3M7S 4407 34S- 3n -b1 I0 * nJreaid:dagov �►aMr.ns owwrroa i eriw. " F* An R PA A mbkmb rl . I Al lt�1x 14, ZODd . rww i .� odu do D= °aM 8dpr[hrLwov6e2pwog At Ls" SWW%q Carp. PO Boet354MS � Mb=L FL 33I3S me RM ornoW 7DXMO CON7RACTNUMBM 5066-1Jf06 Maer aodprlm* w Deer Ymdm " na Constar lo pb4w to awai a the opdm 3s r=m ibr the dm mid ombacL AN Yire milm ! pdoi- 8oeoer, ae ad1 a t1 owlaot co d0a�, 4dII be oonrldwed Ism lhir dap�eie■. Theme r6pa�uery�Moregr�tlrlas to abaia • dw mart wodrpritlt►raoo0rrgtp3et poWM for aor ado; dept' t r the gamble b ickdo a PPI or M/ WoMalle mm / 3rIo4 04ROOMM& " ofik that paw fw Wsm my , mL u�a m� tggw�t di ar esar n�t1� iudamd ' pim dmgmi bsl6eaer" below. rf we do mt m&v yo�e''t+repow% wp wn ooaddmr th a dat � 6 0 d rr:rtimp me • � ire CMW W �e bo lb �t aa�atl�r�br p . am god r&jomkq 00stam ft The eraawfl Ir axro yep apaq mmpUroee �rJtie aerd�CaAk (i) o� pob"Mos boad, adrmah+r q dim Q co Nil rpr4t swum of r� ea�eateel oomrpliaeoe eatb� lhr y�r arm lrasega�, ihare eedoer �dtl benegoaaad tlliriaMtew �>�io eo RmeeT lather.. PlEynu bava ww gnaffoar rele4ag to thfr ooeier+o� p� Boated eke et 3DS 371710. sfao•raT1►; rvlew try �� p [aon6he�abD[vWOq V 3JVd `WVO L : 0 E 90 - v -100 •` m9E9950E IRVIIN Hinos 30 AlIO :AO 1N38 . ' Aug, 22. 2006: 3:49PM No. 3699 P, 4 .4/2ee6 IS: 6 FAX 3OLgLIUL DIV!BIAB/COMT & ADX.DIY. f�00J /Oas COUNW t i 1 ' haAW DAID9 1 i i t 1.vzMOR VE g1�F g1 C� ]N4' SA8%D OH IIWICIITO" 1 ore JC V'and� J i nd No, one arm do�+r ?wg Ye* oat Ana is oaW Is the cMMWs ttr mod ��' TO k 3 t t ' i 9 3Jdd `m[:0[ 90-V-100 `8VE9E9990E `IHVIH Hinou 30 AlIO :AU 1N38 Aug. 22. 244 3:51PM Me. 3699 P. 12 RCBIVLD A' Us 0 3 ZUU6 T� CONTRACT AWARD SSIFV DZPARTMZWCWPROCLMnMTMANA0ZMMT PURCHAMC DTVMON BID No : 7362-4/09-3 Prrd6us Bid No.: 7362-4/0&2 BLAIM T BPO #EARCW0601107 TITLE: LA,NDSCAPiNg AND LAWN MAMMANCE SnvICES FOR MIA U DADE 77ANSIT COMMODITY CODE ma.- 98 2-36 OTR YEARS: Four (4) LIVIN(; WAGES APPLE: M CONTRACT PERIOD: 1211.106 through 11/30107 AWARD BABSb ON MRASURty3t NO SR. pROCORUMT COIV'!`A,ACTINO AGENT: JOSS A SMC� P ONEr 305-37$ -W ` 03 SatAdl& SidP:afereace: ❑ SHg ❑ Mlaa SBE o"p aox1 H Csn LOVOI i Low Pia Ell ptvdag wages (Rena 9Q -I43) 11 IVns Wade PART M F.E.LN.: VEND . F.O.H. TOLL FRE* PHONE # PHONE, FAM E-MAIL. CONTACT �ERSOX AW, $92613393 -01 A Nstive Tree Sere mt Inc. 1 .4733 SW 117t0 Avenue Mlod, Florida 33177 Destbadan Nat 30 Days As ,required NIA 30SJ�3 &1178 305123,8 -8878 teb tivetr ttt Tits Ebcnole 9 3JVd `Iqv w o E 90-V-100 `9VU9E99906 •` IINVIN Han d0 Aiio :A8 1N3S Aug. 22. 2006, 3: 51 PM Rid No. M2-4/08-3 Award 9b *et Page 2 of P:E.L1`L» VENDOIi1: STREET: CITY1STATF.✓ap: RO-B. TERMS: PAYMMNT TERMS: DELIMM. TOLL FEE PHONE RHONE.- FAX: E -MAIL: CONTAq PERSONS VE"OR. -; STREET: CiTY!l3TAIM".. 0-01L TUMS: PAYM$N't 7NUM: DEUVERY: TOLL FRXE PHONE # PHONE: FAX: E -MAEL: No. 3699 P. 13 650549881.01 3anchax Argngo Construction Compony P,0. Box 770010 Ml=4 Florlda 33177 Dasftadon Net 30 As required R N/A 30029-8380 305W11-4689 rountagachemmmom Rouget SRnclwar . 650838100601 SupertorLanda mplag & Lawn MalntgnaAee Service, Inc.' P.O. Barr 39-MS Mtmm& Florida 33135 Dmtlmsbian Not 30 As required NIA 305/634 -0744 sr:r, =duo ella�ut>GAet Julio Vddes I PART #2.- t MS AWARDED j R -1 E-3 E -3 E -4 South E-S Section E -6 it Lind l from Dousim Road Station to University Station 3695.57 per Cycle r$3ty Station at SSW Ponce de Leon Boulevud :$505.86 per Cycle Line 2 from University Station to South Miami Station $379.40 per Cycle Warni Station at 5949 SW 72' Street 5379..40 per Cycle Xhs 3 $ern South Miami Stadon to Dadeiand N Station $758.80 per Cyaio id North Station at 8300 South Dixie Highway $31 6.17 per C ,cIa DEPART14 WOFPR,OC MMMA ANAQF.MENT BSS AND CONTRACTS D=10N AWARDMMAM �.r,.e arnano L 3Jbd 90-v -1o0 INVIW Him 30 kilo :h8 1N35. i Aug. 22, 2006 3: 51 PM Wd No. 73112- 4/09.3 Award Sheet Page 3 of 5 B -7 -E -S � -9 V -50 i No. 3699 P. 14 Section Lie 4 ftom Dadeland N Station to DedeIand S Station $505.86 per We DadeIand Louth Station at 9150 Dadeland Boulevard $129.70 per Cyclo ' Emergm Litter Pick -up as per paragraph 3.$ 541.52 per Hour Farling E. t watt- offDoughm Road M000Ml Station and 420' 5320.67 per cycle wleswff Sw 380' Avenue on the South Side, Twelve (I4) additionfil Liner Cyr1e $971.63 par Cycle b -1 Section Lipp I, from SW 9* Streit South Side to Mmys Station. SI,2'87.$S per Cycle Includes 04p Tie 10 (0-10) at SW 1 Avmne ,& South of SW 156 load Gap Tie N-872 (t-4) at SW 24d' Road 3-2 Vizcaya Station at 3201 SW I" Avenue : $443.93 pmt Cycle 0 -3 Section Lin 2 fioan Vimyn.Station to Coconut (Trove Station $802.01 per Cycle �-+# Co cmut Grove Station at 2780 NW 2701 Avcnpa ' $821;96 per Cycle )l-5 Sec on Lind 3 from Coconut Grove Station to Dough Rd Station $480;05 per Cycle µ-6 Daug288 Rn4d Sution at 3100 SW 370i Avenue 5641:93 per Cycle -7 Emergency Litter Pick -up as per pamSMh 3.8 $'1'9.Q5 pGr Hpur Twclva (I2)dctitzans] Litter t►c10 SI,23312 per Cycle Palmetto S"on at NW 74 Street West ofPalmetto Expressway A -2 Section Unc from Palmetto Station to Okwahobee Station 0 Okeeehoboa $tation at 2005 West Okeechobee Road Ak-4 Section Line 2 fivm Okeechobee Station to Hialeah Station AEPARTMMYT OF PROCUREM err MANAGEMENT BATS AND CONTRACTS DIVISION $33714 per Cycle $337 ,24 par Cymle 5337.24 per Cycle 5253.47 per Cycle A WAXbAIM 4T.&. LV.&W mnaroo 8 3OVd 4n w 0 t 9Q - ti-100 ! m9E995Q6 ! IAVIHI WOS d0 A110 : A8 IN36 Aug. 22. 2006; 3: 51 PM No. 3699 P. 15 Bid No. 73 #24/08 -3 Award Sh*t Page 4 of A -5 Hialeah Station at 1330' Bast 21d Street S337,24 per Cycle A -6 Em Litter Pick -up as par par :graph 3.8 563.24 per Hour revue (12) additional Litter Cycla S'493.53 per Cycle C -1 A hpa ttah Station at 31SO NW le Avenue Si268.74 per Cycle C -2 Secst brie 1 from Allepattah Station to Santa Clara Station $358,33 per Cycle C -3 Santa. !Clara Station at 2050 NW 12ffi Avenue. ftludes Santa Clara $268.74 per Cycle (MS j) Traction Power Sub- Station at NW 2& Street C-4 Sood Line 2 from Santa Clara Station to Civic Center Station oil 3268.74 per CY'cle G5 Civic Center Station at 1SO1 NW 120 Avenue $26$.74 per Cycle C -6 Secdo� Line 3 fnam Civic Center StatIOU to Culm*r Station 5268 -74 per Cycle 7 Colmar Station at 710 NW 11 ffi Street, Inoludes vaosat Iot behind.: $268.74 per Cyr-la wall at north ofBWlding Station ':. C -B Secti Line 4 $nm Calmer Station to avertowit Station $581.75 per Cycle C -9 Overtewri Station at 550 NW I" Avenue 5268.74 per Cycle C -10 Section una 3 from Ovartown Station to Brickell Station. Does not $268.74 per Cycle include bovernmrnt Center Station C -11 mo uoraf 1 &c Metromover Brickell Stations at 1002 SW 1" Avenue $266.74 per Cycle C -12 EmersOcy Litter Pick -up as Per Paragraph 3. $ $63.24 per Holm Twelve (l 2) additional Litter Cycle $493.53 per Cycle 4 AWARDXHIMTAM • �..r.sowi*roo 6 3JVd `w :o: 90-V -100 `•8VE9E99506 IINVIfN Hines d0 AIIO :AS 1N3S Aug. 22. 2006; 3: 51 PM Hid No. 73d24/08 -3 Award -Sb4t Page 5 of 5 PART 01 AWARD INgORMATIOK DP1Vt AWAID BATE: 911 S103 EIDS & COXMCTS RELEME DATE: 7/25106 ADDITIONAL r EMS ALLOWED: Y$S SFECIAL CONDITI ONS: INSURANCE TYPE 1 ' TOTALpoO . RACT vALVE: SRS4,200.00 US R L I1V MI(S) Dg—L& Ai.LOCAM Pubifc War11 5854,200.00 No. 3699 P. 16 AGENDA rrE W M NIA OTR YEAR Theo (3) of Four (4) Aug. 22, 2006 3:49PM ADA AlqnL% Are to Akk Am& and Manop NeN Si trm tlpdie Cmnp apron► nju� uaep.na.�1a.«pont� m11.�irWn r1n b� s+W tybitt � Ctumnnelw CmuumdeyAcO94 1C unhy 6 km*mk N-app Cenuuttom a mfiauft CAWAa Frp4« %** Fuy1e1.WMAMT. Tp*qAWf_4C eadfd ffo su MLVV n. m figA Y.wd tea r rAm Rm ■reu �v� t3l�eeeAuNlnen�r t�••ttellk:re rd wndrr se tew INa e.:�.o�'rioer •� Mmro4Amd Acdm Pbm No. 3699 P. 5 Psoctlrairient Managentene 111 NW 104 Tract ■ SUN* 1300 Mtamt Flotilla 33128.1974 Y 305 .#75-5289 F 305-3 M4407 305 - 3726128 emllmleiada PV 07n4nao6 Ia Or2mdo Otatn SL1PWOR IANDSCAMO & LAWN MVIC$1AlC. (650833100) P.O. Box 35.0093 . MU4 Plod& 33135 Rm OPTioN TO RENVEW Bm NOS.: 7362400 , Laadscapiag & LgWAMafinenance Somoo DCaY ?dr, Otm- You are hmby nodfiod tht the Chunty hdmh to cx=tW am eptfaaa b =amew far the sbove refarsnc ed e=fta The retaewd L also camHnpnt upon complimmo wM the a*woa doca mmmY fn yon arc regeahed to mibu* now dxnmmtstlem the ft option year. Thom b= lim ism z &&W blow. 0 $ C OF INBD=cz - Sball ba acted to dsb office . ao lacer dhaa WrW (30) ealeadar drys plot la conaftemw of so new cai�aFtfi�„ 13 CC EM . Ta be to $m tea no Ltw tlaait 2W (30) mkdiar &ri id to co®mmoom amt of the now opntraet taxer m the of. S A copy of the Yaft=me BmA fbitm iM encbmad for yaw tun NO OTMM irons wa r. BE ACC tPTZD. Ta aoaardam Frith hfittmWmb abimty Ordbmmm 9B.3k AN aamVaidet w9b grm rareum over 33 m@lm ma have,= AMnm%&* e dbu Plan (AAP) aW P+'aC� PWq on IDe % tb the Dept buM of Bmdam Development: PJmm ==tad tt;e Dgmtnetit of Buda= tW t ompmy *A bade` SttbwquW to Ito review and ticeoptaaca of the do" muW itm(s� this office sb:lt insets a acw za{f� trWW& nd: The naw canfmct number almU be TMa 4ffl", and die tam dull be 8mm Deteember 01, 2000 """"'"o ` thmvh Naveaabar 34 3007. For any additfottal lnfmama" fag lea to co -otwt this of5m at 303,373-4369. ►rAppPdt wis�e#hnryipeum Ss�/xC�y, tie wtrelr ; She Ne1�6aihoud it11e■ MLi.!INTY • laPen ' �t �Yr ��Qi 11fIM• - �1'q 0114eeern tmnomic Ravlluwrslem r�•MuMUmAd �ifYdMK - - W l/ 30Vd `WVZE O� 90-V-100 `m9E9990E IWVIA Hinos 30 Aiio :A8 1N38 i Aug. 22. 2006 No. 3649 P. 6 i (1) INDE1 gaffCATYON AND INSMANCE GENERAL SETi.VTCE AND MAINTENANCE CONTRACT Prmvidejr +Mall is =mjfy and bold harmless the County Ind its► o cs, amployeas, AP* sad iasetumt ntalities from &W and all liability. I01ee9 of damages, inalUdi n f attorneys' fxs and oasts of defetim which tho =V or its of ka % +employees, agents or hnstru lines mey racer as a resalt o f *ta m% dcn=ds. suits, Dawes of eetiow or proceeffings of my' kind or nature arising out of. rely x to or rcialtirtg frram the ppcformanco of this Agneemwt by the Frovidcr or its 1 �» sue. seats, Parmm principals or juum teotors. Provider sb ll pay all claims and ] a in coaraeotion tl<amwith and shell its a:ad dofand sIl Old=. m to or auctions of any 1�or n0me is tied aaRm of the Caamty, whore appelicabl� inn htdl"pis apP � ► s>4 M all ovska,,judgm=>s; mW atl,ey'e�o which by tt mm. Pmvidar r ur,dwtapds and ILSMcs tut any � deli. Ap=ent or Asa l by provider ahsil in no way limit the responsibility to iZna minify. kacp end Ave harmless auc! defend the County or its offioeav, cmploye•es, agents and innstcumantalttiea. as herein peavided. The vegdor shall furnish to the Vendor Assistance Section, Depatment of Procurement 1Vlssnag % AdinfiMrstion DMsloon, l II NW ist Strait, Suite 13M Miami. Florida. 33125, Cerdfioabe(8) of bwnoa: which indicate that insurance covedregs ho bon obb&cd which meets tba requhtnMa es outlined below: A. Porker's Comptuation Inanmoa for all employees of the vendor as reed by ds Statute 440. , B. Fablio Liability l nsurenoo on a aomparebeslve basis in an Amoaant not loss tban 000,000 eombiwd single Knit per ecemuce for bodily %jury sad prop" damage. Mlsanl Dndi County mast bar shown ae addldonial bmwed W th r"Vect to tb% coverag&. C. A�itomoblla Liability insutertoo covmft aU Ow n4 noa -owned ad hued vehicles ,fed in eomwtim with tie workq in as amourt not loots titan S300.000 caminipod _ . . _... �. _.. .... j0$&jfijjtisor'n dd ZSC bddlr ul WrWdPVF=TWUM= Ajj insurapca polioies required above sball be inued by C0rDP== M1910ri46d to do business �mder the Jaws of the State of Florida, wit$ the fallowing qualifloa11100: T44 compaeay must ba rated no less lihan "B' as to maasgm=t, Deed no loss than " Oms v" as to fi=cial sft=gtb, by tho latest Edition of Best e Taisnaranee t3uide, pu' lisbed by A.M. Best Company, Oldwiol Now Jc y, or its a qn ivalenat, saabjoct to }ho epp tval of the County Risk Managemont Division or gust This compaey hold a valid Florida CardScats of Aurtitoft es d wvm in the latest -Ust of All Insurance 0XWfinies Authorised or Approved to.0o Business in Floida." fslued by the Stato of Florida Deapsrtmmt of Inmrance acid ere members of #aa Florida aua<ranty Fund. Certificates will medicate no m4Mostiatt or 'cl=gc in insamoo stall be made without thirty (30) days'in advance notice to the cantifica le holder. 8E /ZF 3QVd `wF:0E 9o-v-i0o `6nnoosoe •`IRVIN HinoS do Aiio :AE 1N38 Aug. 22. 20ON 3.50PM No. 3699 P. 7 MOTE: - DADE CU[1N'i'Y = N[T11 m AND TME OF BED: MUST APPEAR ON ZACH CERTMCATE. c WTOTCATZaOLDER MlVST RFAn. 11 1NW D IIISTMT SUM 2340 M AMWl�t, 3i2a p]iance the faregaing rcgufre�ments sheJ1 not roiiev0 fire vcndar of his liability and obliption wow this se:otioa or under my othar section of thine agreement. Isst ace of a Base order is contingant upon tbea meet of ft insurance documants arO& Ht3een (M as r days after Board of County C=nl anion approval. if ti a ia�,aurance certificate is received wit�in %s time flame but not in the MOM pm=''bad iri this InWtatiaa To Bid, tb* BWdet sW be vcxbY WHO of such defiaietnay and 9a hxn an sdditiong live (S) cafcndar days to submit a ca =cfcd ate" to dw Coonty. if the Bit r fd% to aubmft the =q� kimu ce doesua =M in the mum pacsenlxd in ties iavitaOx To Bid w twapty (30) cdendat' jkys aim' Hoard of C asion appacW. the Bid deic Abell bd is dc&dt of the oo culdl tens sad coudidona end shall not be awxdcd the contract: Under FWh �hcvmllolr trio Bidder maj be p oMb�ed fram flea proposal m the County iXt aocord Ca with Section Is of tote Geneml Toms and o mditiaos. The Bidder shall be Mpomblo for essminS that the b=MM certi9e:ate rcq*W in caWUWdott with this Seed* remain in ibrw f7ar the duration cite tine conln e;W padad: iaeludimg aN and all option yam tit may be ,gamed to the Bidder in soaMImm with Se cdOO ?.5 of the Special cbOdi lone. if j as=noe aartifieato are seed to Ovira dtin8 the eantrpatml parlcd, tine Bidder strait be VvonAblc for snbmitft new Of rm""d ire oe art ems to t% Cartmty at a alum of Y (30) oslemder days in sdvmc of Mb den. ]h the Omt thst d agr ifieata+a ea *ot raplaoed whb new or renewed oextif OON which cover tlw caatraotnsl Pe" arc ffic County sae cnd *5 cor�tct until such dw as the new or Mbar received by the County in the mama' p� in •ate ffivfiatlotx To ]aid; pro•►x+ ed► however. . twin SUR Mded jcriod doer: not exceed ftW (30) w+1 days. if suspewdon axe M �Y [� at its solo to gfic IJIU oMtract fbr cause abet (30 �7aa lno �-"uW by Syr . �r v ...:'-• . w .......�i h the: t3emexal TMW and Con&i OIIL tt..�.a xros Department of PrncuretmentManagement Bids and Contra Dttdslan 1111 tat Street 8ttita 1300 &nands 19crida 33128.1989 aLIPL ands .`WbE4 :04 80-V-l00 `•OneE sou •`IMIN Hinou 3o Aiio :A8 1N38 1m*WjV-=—=j==W0W ABDO ffl=WW1*2211L"0" Of! g sv�e t S SitiRVIC>58. CO`►>E!=8 Am 9G== 2'C Tm �'�RDd.9, as 10m2orre, Dx wC��AM a=�xa=0NE BHO� 10 D]1Y8 NOTiC$ g c:r6 CLI.A'i' = FOR iyQ*- 71~m=w b9' ppmwrm. TH HDt.DRR t:IINCJlLLA't10N �D AW0Pr1M ARM Dt1DkWtOlJMBEC NCUMDN MMATEP LrATl7N :1xll�uplOLM#entOiwu,LSkDI�w Te RAC. 30f _ OAY&Wff rea Miami —Dada C*UntY wonOtie7ftt0l RT1RIDi► TdMO[ �A1tMAMmY07MRLEFT ,9ttrFNLUIKT000aosNArJ. sui kw 1306 wass DaLwArrart aue tiANM.iTY At AMY im+O urn T,es �wetsotae rt'� AotMT# 4It 211 my 1st; S art A laiaai III, 332 -1997 naaFxrwnve Ono ;5 (2DDI/04) ai.l -bL gL)VA •`19dE4 :04 90-v-ijo •`IWdIW Hinos 30 Aiio :A8 IN38 Aug. 22. 200¢ 3:50PM No. 3699 F. 8 CR`'IF! A E OF LIABILITY INSURANCE sr1 ° QA 07 . . 1wls C IB L}ED A8 A NlA7!'EFtOF IuFORM+4s1QN OtITA UPON THE CERTIpLCA'TE . pmc MM ONLYA FA 140T AFF0 ED BY THIS tODLICI�Er 363 Irijmurana� j%,4Lrketejra Ins • ALTER THE GOVlIkA 1a Alazas -•n Avan,4a cablas' rL 234 :. ClVEli+4pE MAN t# C;ILI P enet 305 -Ad3 -9507 Fi7Ct 30S-44y�s1'327 INSURI"R9 /f,pJtDIN�# ' fNk PCCF Yn1r aace Ca as �w NWltal�t t'sas/ r,w.Ca. dsesginq B zown et gear s 3EA 7tM MW rWM WaMQA M N47VW7K#7AlsslJo P- GwftOPwuRANCE Y�oiiiBIGUOIEIltR1KrNWi � MYHxmTtW CM1101 R78MIAYe#tssu GOR WM IWYCCND: l 4M4$LmwWrtbAL LTWTLawR.srttCUMW AND CONMOldCW PLR m;w Y MAV! KM i BY PAD MOM A{�6MEQJCiC LMAIT! MM pDIER "mmmmom PaLloym pa+m iJaR# SADNDt;fukR E i1000000 eALUAML" ; x ow.ew�s>u+r 0s,aao3aa7 03/20/08 03 /se /07- s 3.00000 $5000 i o AMI Muor+ X occuR ': r�eRtsukRADVet�+r • io00aaa X PD D — , n s2000000 C2sl .compman s2000006 AedtfCA7i W APPLU Pilo AL17�bNQ[DLI<Lt�e9J7Y', ClIdD0;�603 03/21/08 03/21/07 L A X AtyAUro s ACLOwlYDAUT�� oMiGpui.P.�AUrar� s A R MnEDALJI�OR.� A X K oAruoe s j Nfl**KY- EAACCCNW # au�w�Llulu'fY rttACO � Au140NLY: AWAWD A00 A i P,or..�.,■ s1 00o a0o EJcari9lutMMELLA VANuM ❑dan�sWAN t oo0zlaz7 0a 123106 oalze /07 �* # 1,010,000 x , + DlDtJ01Y0Lt{ 3 ptirDrslDr+ s 1 000 W1t1tlJYY� AND; 'ILL. iAC!{ACCm� # LL DtifiA0 = EAGWL0 = s #+ E{. Cetus - 1m*WjV-=—=j==W0W ABDO ffl=WW1*2211L"0" Of! g sv�e t S SitiRVIC>58. CO`►>E!=8 Am 9G== 2'C Tm �'�RDd.9, as 10m2orre, Dx wC��AM a=�xa=0NE BHO� 10 D]1Y8 NOTiC$ g c:r6 CLI.A'i' = FOR iyQ*- 71~m=w b9' ppmwrm. TH HDt.DRR t:IINCJlLLA't10N �D AW0Pr1M ARM Dt1DkWtOlJMBEC NCUMDN MMATEP LrATl7N :1xll�uplOLM#entOiwu,LSkDI�w Te RAC. 30f _ OAY&Wff rea Miami —Dada C*UntY wonOtie7ftt0l RT1RIDi► TdMO[ �A1tMAMmY07MRLEFT ,9ttrFNLUIKT000aosNArJ. sui kw 1306 wass DaLwArrart aue tiANM.iTY At AMY im+O urn T,es �wetsotae rt'� AotMT# 4It 211 my 1st; S art A laiaai III, 332 -1997 naaFxrwnve Ono ;5 (2DDI/04) ai.l -bL gL)VA •`19dE4 :04 90-v-ijo •`IWdIW Hinos 30 Aiio :A8 IN38 Aug. 22. 200 3:50PM No, 3699 P. 9 from &dohs cin.re. a" 7avm Tom 3040a pm Page 1 or 2 AON RISK s1:RNiCES` INO.OF FLORIDA i low ettfbxaLL 8AY 1Ierol SUITS #1100 !WAMI, FL 331,91-4237( iPHONE: eoa7434136 PAX: 0"22 -714e w unao i ADP TOTALaOORM INC. l=DBUNSE ORNE Murat. FL =1 ALTERNATE impLcwwlt SUPERIOR LAINDSCAPING Ir. LAWN SUM013 ao A AMERICAN HOMIl ASSURANCE OOMPAW A *"Apr >E aft SAW G J1 12 6� i TrrX0rMWAWW Pb6lC11imm a�apioan LAM L"o rl Y s�'a �� ed�yoPAea ! a."wm *a* raeioul6t�avwsar ! i i CONi11ACiPR: PJ�OT ! . M�L� M11dMmb ! lONI�I(.ti 11At�N.iTY �AWArjp fillet ;NR � ALL ow�o AUT03 SG�d,EbACR08 � t FtlRiOAUTp� , FORM Q A)VA00d I 07/012007 COVERAOR EFFBMM ?A200 ! 'M YES WUOArJNB FOR TY•1 HOVDE N+ MW CLIENT OOlrWMY, PAD UNOR ADAROTAR,80URG1; fNG.`R t�AYRI)Lt. wp [ BE GQVi1JtE0 ;Q TH AWXM STAT'SC POt C* -TIM A■ M MWJ eLIENT ISMIALTERMATS GMPLGYP8 UNDER Tnis POLIG1; i' E'• Ak i xo'Mntll 'b! AtiC m eMem4ro ram u crNC� tsp +vows r►E IMAM -DADS COUNTY "m THEMM TA youm am wr was E BLVA* TO ►Nr ;111 NWisrMEET 30 T6%e=tr.rAr �+e�a■eu�araro, ,ter. 1300 ruern�u�roNo, Ex" "no 0ouDPWusilktwurmm y PL 33128.1057 OF ANP MW U"N "d AWam im ugwy an pmpjjt+eur TA0M i, i P L / G L antfrl `WdE 4 :01 90 - v-loo ! m9e9s5oe ° INVIIN HinoS 3o Aiio :A8 1N3E - ug. 22. 2006. 3:50 o. 3699 -_P. l aLU�aT rQ&cs�n o��t ........... -- r---------------------------- --- w----- r_ --------- -- rr-- - - -- - -- BPO IDs ABON0601107 PRINT PXTEs 07176/5006 OX - - - - -r rr -__r-r r__r--- r- rr- .......... rrr...... - - - -- - nr-rrrwrr ------- * i Rzpl i' CF ORIOIIJAL BPti .-r-- r-- w - - -r ----------- ..-- rrr--- --- -----�-------.. ` VSND iR IDs # * # +irr►iii PRIM VMrDOR SST ASIDR � b6of+TZ- VENDOR SPO SG$vmwox ORAL a 004 PRIM VENDOR CODMITXMIT s 00% RECEIVED JUL 3 1 Zoo rr---- - - -.__ ------ .-- - - - - -r rr------------------ -------------------- Blip TO f A8 aPSCIyIzb ON I ami)tiA?i OR03R9 PLSXSi� R$FSR ALL Q0*STION9 C T=s On= Tot SASS o Joan (303) 379 -44295 r .. - -rr � ------ - www__ ------------ .................... .. .........rr....-r_... NTS Discom CONTRA= *{OUNw ITS .ID EXPR 11/30/200 Bs4,�aa.oa - --- --- - -- ------ r------r---rr----------- w-------- w----r--- w-- r- -- -ww -- 7362- 4/04M3 PRZ- QvATrsll vmmoxg m a[MM -vmW= Rpo vmmos sa ! Box Mum ! nYSCOWI'1` sl��t�389� of A au►sZVZ TRM aBRviclg "M NZ T30 650549051 ox BANGS AGO ON caRp N1rr3o AG 6 QB9B100 O1 SDpERIOR LimBcAp=a a ZOM 9%xvICR Zvo lT9 ?30 ` # ir. �ir�###, �, ��►+ ir**, rrrx�e•: �* �. r�rfii+► r* i## wi## wrirrre, e#** sre,ri #�+itift�i,rrrWrirrr,rt ITMg amml)ITX I D/M UNIT COST �Mir�ktf *r * #! * *jk *f�iiii * #* iii #i1hF *!t* rrr: rt11rts, e: trrrir /irwr * *irw # #w #w *w�R�rw�e.�.wR�e 001 988 -36'� G}it017ilDa XmpT CS % ] omG, SWING, PLANT (NOT ------------- *----------- - - - - -- END 08 xTffi6 LI�i"�' w...� - - - - -- - - - - =- AOTBO]txzw A *AT r A= 0=2E0 D2PTNATOXIS MP * * * ** ClILLSR ID CALLERS NAM DOLLAR' rMaT $854.200.00 ALLOCATIONs PROM btUMEA i aL /QL anKri `wvvt:ot go -t -loo `8tiE9E9950E `IWVIIN Hinou 30 Aiio :A8 1N38 Aug. 22, 200 3:50PM No. 3699 P, 11 xu=.DjDS coaaTr BLAWW gDRCSA8Z ORDER rrr_ra�rrr_.r�r_.r_r_ r ........... r w------ r—rrrr +� ----- --- ------ rr— r —rr - -r Bpo ID: ABCw0601107 I DATSK 07/26/2006 PJLGMI Oz r�rr rr__r�r_.._w - --- ---- w---- r— rr- ++rrrw * * RWRXNT 0* oazat iAL BPO COBZB G]E' MANOl 'GRY NDOM AUDIS' BY TM iNBPZCTOR Gam• ARE INCORPORATED XNTO TBIB COiiTrtACT As 1/4 OF Ilk Or TEM i"i014mcr $RZCR. THIE3 COOTRACT xB ,OMMT To 8 vism a0moo PM == m COMM vBSR ACCaBB RO=M (UAP) IM TEN ANO OF TWO PERC3DTT (20 .' TRg R �ROVx GOODO 1I�TD suvxcza MWXIL T=m COt�TRACS'r B�+ ImvOTCS T� eor x FAICR A� sMILL ACM= A8 PM ' rMRsoV TM: CoUTRACT R FRZC wens TB4 Zts MW JL9ML In CWLM Panmv FOR xgx 000as Aim gsVXCZ l ,pZ=rXSD Oar Mo =VOICZ. Tag COURW M&14r# V=AIK = 1% wAP FOR N BY '.R'Bg COUa'rx TO NTT, P DZlSY Tm COPT 08 m Pikocalmw TiROCiA11�t. v�NflOR pARTTCIPlYl'IO3f = T9Z9 ZRVOxCX PM TCTIOu PORTION QP rsm TAP �G idA�lAATOgY. _ rrr �r •��r +r �rrr____— +a_.•- -- - °� r _ __r _ +r_ -- - -- .-- rrrrrrr -- r_rr_r- _w - -- TSI$ i8 * BLAKJMT p=CFAE O=ZK CovSp.M p3RIGD PRGK; 12/1/06 TO 11 f10%07 . DELTVERI1i8 Am Mo ORDER BULL as ]a= nt oC AMTZXB TZ100 As RNQ %w 87C "PAx2mm $` I�iG BAIL pa�sov.. Itava�rc d MLL as ON a pFR OgD� (DaL�eY) nears OR ON A 1[OHl LY iVOXCR 88Sxg ALL I i( AMMAN S �ttT1! SID p2malcas AND 8PR0 ICsLTIOl8 AND TXX URPOB ODD O NO � iBi��XTIgffi AWOR D LLR9 ARS FOR R=0 pgg5 OR IMT ZyM A9 TO QUAWtTXRP AVD /OR DOLIAB Z BILL ACTVALLT AR pURC ZD• To VMMOR. Aecros ALL =no fiSSOCIATAD WITH tramm TAXR ImromTIOST. filMiATURS= LAJV PIGS * ******* D&TR� 8E /.E 30Vd `•WVw0E 90-V-100 !8n969990B `IWVIIN Hl(105 d0 AlIO :A8 1N35 South Miami a®- am�icacity CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager A11W From: Jeanette Navarro, Human Resources Manager Date: October 17, 2006 Item No. Subject: UPDATING PENSION ORDINANCE SECTION 16 -14 (B) AND SECTION 16 -19 (A)• Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE" AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Reason/Need: A letter was received from Pension Attorney wherein it was indicated that there were inconsistencies with the ordinance and collective bargaining agreements related to the pension. Upon review, it was determined that certain areas of the Pension Ordinance must be updated to reflect current provisions agreed upon by the City and all bargaining units (PBA and AFSCME). Cost: Funding Source: Backup Documentation: Letter from Pension Attorney Letter from Actuary Collective Bargaining Agreements for PBA and AFSCME 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN SECTIONS 16 -14(B) "PENSION AND RETIREMENT DATE AND SECTION 16 -19(A) "CONTRIBUTIONS ", PROVIDING FOR COMPLIANCE WITH CURRENT COLLECTIVE. BARGAINING AGREEMENTS BETWEEN THE CITY OF . SOUTH MIAMI AND RECOGNIZED EMPLOYEE LABOR ORGANIZATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami bargaining agreement currently in existence Employee Labor Organizations; and desires to provide compliance with collective between the City and its several recognized WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to such early retirement incentive. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Part I, Provisions governing the South Miami Pension Plan, Section 16 -14(b) of the South Miami Code of Ordinances is hereby.amended to read as follows: Sec. 16 -14. Pension benefits and retirement date. (b) Amount of pension. The yearly amount of pension payable to a participant on the first day of the month coincident with or next following the Participant's retirement date shall be an amount eaual to the Darticipant's number of completed vears of Credited service multiplied by percentage of Final average compensation as stated herein. (a) as – top-tieipant -efir-ir prior- to Oeteber- 1, 1970 a basie benn years of er-edited ser-viee at his/her- r-e6r-efneat date, exeluding the first twe (2). years ef > 1970, the suffl. of (1) an (2) Page 1 of 4 (1) Basic benefit. A basic benefit employee's date to ed multiplying on°+e " and sbi tent (1.6) per- ee°-1nt of the employee's fiaa4 aver-age ' — Femp' e 1sation by the number- o of his/her- vvmr� a� °t °� years of er -edited serviee at his er her retirement da efor Participants retiring prior to October 1, 1970, shall be determined by multiplying one and six - tenths (1.6) percent of the Participant's Final average compensation by the number of completed years of Credited service, excluding the first two (2) years of such service and any additional service completed by the empleyeeParticipant prior to his/her twenty -fifth birthday. However, as to those pParticipants who became an employee subsequent to October 1, 1973, there shall only be excluded the first six (6) months of such service and any additional service completed by hin%�her-the Participant prior to his/her twentieth birthday and/or additional service completed by the employee prior to the time the employee became a pParticipant. Effective October 1 1995, the pension benefit accrual rate (multiplier) for general employee participants excluding police personnel shall be increased from 1.6 to 1.8 for services performed in the 1995 -96 fiscal year; effective October 1, 1996, the pension benefit accrual rate (multiplier) for general employee participants, excluding police personnel shall be increased from 1.8 to 2.0 for services performed in the 1996 -97 fiscal year. Effective September 30, 1999, the pension benefit accrual rate (multiplier) for general employee participants excluding_ police personnel shall be increased from 2.0 to 2.50. Effective October 1, 1999 and thereafter, the pension benefit accrual rate (multiplier) for general employee participants excluding police_ personnel shall be increased from 2.50 to 2.75. (ZLFor sworn police personnel, effective October 1, 1993, the pension benefit accrual rate (multiplier) shall be increased from 1.6 to 1.8, for services performed in the 1993 -94 fiscal year; effective October 1, 1994, the pension benefit accrual rate (multiplier) shall be increased from 1.8 to 1.9, for services performed in the 1994 -95 fiscal year; effective October 1, 1995, the pension benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 for services performed in the 1995 -96 fiscal year; effective October 1, 1996 the pension benefit accrual rate (multiplier) shall be increased from 2.25 to 2.50 °-�ffeetive octeb te 'r 1996, for services performed in the 1996 -97 fiscal year•, effective October 1, 1997 the pension benefit accrual rate (multiplier) shall be increased from 2.50 to 2.75, eMetive- Oetebe 1 —r 1997, for services performed in the 1997 -98 fiscal year= and therea effective October 1, 2001, the pension benefit accrual rate (multiplier) for. sworn police personnel shall be increased from 2.75 to 2.80; effective October 1, 2003, the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.80 to 2.90; effective October 1, 2003 and thereafter the pension benefit accrual rate (multiplier) for sworn police personnel shall be increased from 2.90 to 3.00.E -2- I 2 employee shall be as pr-esefibed �r 199 93 a+�+rl 10 -c O!. �.- llnn +;�,o 96 3 bar-gaining agreements— Provided, however, the pension benefit accrual rate 4 (multiplier) for sworn police personnel shall not be less than two (2) percent for 5 all years of service. 6 ... 7 8 Section 2. Part I, Provisions governing the South Miami Pension Plan, Section 16 -19(a) 9 of the South Miami Code of Ordinances is hereby amended to read as follows: 10 11 Sec. 16 -19. Contributions. 12 13 (a) Each pParticipant shall contribute in each calendar year towards the cost of 14 histhe Participant's pension an amount equal to three (3) percent of histhe 15 Participant's earnings. With the exception of sworn police efrspersonnel, no 16 pParticipant shall make any contributions toward the cost of any past service 17 pension to which teethe Participant is entitled under this plan. The eEmployer shall 18 contribute the balance of the cost, actuarially determined, of providing the benefits 19 of the plan. The ei#,'sEmployer's contributions shall be deposited into the pension 20 plan on at least a quarterly basis. Effective October 1, 1995, the pension 21 contribution for all general employee Participants, including those eg neral 22 employees that are now members of the Plan, shall be increased from three (3) 23 percent to five (5) percent of earnings. Sworn police personnel, including 24 bargaining unit employees, that are now members of the lan and 25 any sworn op lice personnel who join the refir-°fn°„+ sysk -^^plan in the future shall, 26 effective October 1, 1993, have their contribution increased from three (3) percent 27 to five (5) percent of earnings. Effective October 1, 2001, sworn police personnel 28 shall contribute seven and one -half (7.5) percent of earnings. 29 30 (11) Should the ekylSEmployerls annual contribution be actuarially 31 determined to exceed twelve (12), both the e-ityEmployer and the 32 empleyeesParticipants. wi- 9shall share equally the amount in excess of twelve 33 (12) percent for that fiscal year. EffeeAive Qe4ebef 1, 1995, 34 , inel uding these employees that are 35 now members of the retirement system, 36 , 37 shall - eantfibtAe- seven - -and one half (7.5) perGenrfearx Effective 38 October 1, 2005 should the Employer's annual contribution be actuarially 39 determined to exceed (14) fourteen percent, both the Employer and the 40 general employee Participants shall share equally the amount in excess of 41 fourteen (14) percent for that fiscal year. 42 43 Effective October 01, 2004 lif the total sworn police personnel 44 contribution and eit-yEm_ploer contribution exceeds seventeen (1-7) fifteen -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 15 percent of covered police payroll for any fiscal year, the excess over seventeen (''" fifteen (15) percent shall be divided inhalf shared equally by the ekyEmployer and sworn police me wspgLQnnel Participants. Sworn Ppolice personnel Participant contributions shall be deposited in the pen4en--p1!lan immediately after each pay period. Effective October 1, 2001, a minimum of twelve thousand four hundred ninety -eight dollars ($12,498.00) willshall be paid from the South Miami Police Officers Retirement Trust Fund to the Plan each year, regardless of the growth or diminution in future Chapter 185 funds, in partial exchange for the retirement after A25_years of Credited service and e benefit improvement. Section 3: If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5: This Ordinance shall take effect immediately upon approved. PASSED AND ADOPTED this day of , 2006 ATTEST: APPROVED: CITY CLERK MAYOR 1 st Reading - 2nd Reading — SUGARMAN & SUSSKIND PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW Robert A. Sugarman Howard S. Susskind Kenneth R. Harrison, Sr. David E. Robinson D. Marcus Braswell, Jr. Pedro A. Herrera ♦Board Certified Labor & Employment Lawyer July 13, 2006 Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith .& Company 301 East Las Olas Blvd. Suite 200 Fort Lauderdale, Florida 33301 -2254 Re: City of South Miami Pension Plan Response to your letter of March 30, 2006 Dear Mr. Wilson: 2801 Ponce De Leon Boulevard Suite 750 Coral Gables, Florida 33134 (305) 529 -2801 Broward 327 -2878 Toil Free 1- 800 -329 -2122 Facsimile (305) 447 -8115 This firm represents the Board of Trustees of the City of South Miami Pension Plan. We have been requested by the administrator of the Plan to respond to the above referenced letter. In order to respond to your inquiries we reviewed the prior and current collective bargaining agreements for the three employee groups and the current plan document. Our review of these documents concurred with your summary of the conflicting provisions. We have discussed these items with the Human Resources Department of the city. They advised us that the multiplier numbers have been reconciled by side letter with the PBA and we have requested a copy of that letter. Based on this information we opine that the prior collective bargaining azreement contains the correct m,1ltinlier ; n,tages for polj,pe participants. Our review of the plan document found that Sectinn 16 -19 nrPC ,pmP c nfli � the current collective bargaining agreements. Section 16 -19 reads as follows: Sec. 16 -19. Contributions. (a) Each participant shall contribute in each calendar year towards the cost of his pension an amount equal to three (3) percent of his earnings. With the exception of police officers, no participant shall make any contributions toward I Lawrence F. Wilson, A.S.A. Senior consultant and Actuary i Gabriel Roeder Smith & Company July 13, 2006 Page 2 the cost of any past service pension to which he is. entitled under this plan. The employer shall contribute the balance of the cost, actuarially determined, of providing the benefits of the plan. The city's contributions shall be deposited into the pension plan on at least a quarterly basis. Sworn police personnel, including bargaining unit employees, that are now members of the retirement system and any sworn personnel who join. the retirement system in the future shall, effective October 1, 1993, have their contribution increased from. three (3) percent to five (5) percent. Should the city's annual contribution be actuarially determined. to exceed twelve O2), both -the- city and the employees will share equally the amount in excess of twelve (12) percent for that fiscal year. Effective October 1, 1995, the pension. contribution for all general employees, including those employees that are now members of the retirement system, shall be increased from three (3) percent to five (5) percent. Effective October 1, 2001, sworn police officers shall contribute seven and one -half (7.5) percent of earnings. If the' total police contribution and city contribution exceeds seventeen (17) percent of covered police payroll for any fiscal year, the excess over seventeen (17) percent shall be divided in half and -shared equally by the city and police members. Police contributions shall be deposited in the pension plan immediately after er each pay, period Effective October 1, 2001, a minimum of twelve thousand four hundred ninety -eight dollars ($12,498.00) will be paid from the South Miami Police Officers Retirement Trust Fund to the city pension plan each year, regardless 'of the growth or diminution in future Chapter. 185 funds, in partial exchange for the A25 and out benefit improvement. This section was last amended by ordinance number 1761 dated 10/16/01, indicated as follows: (Ord No. 528, 12 -7 -65, Ord. No. 1544, § 4, 9- 21 -93; Ord. No. 1595, § 5, 11 -7- 95; Ord. No. 1761, § 5, 10- 16 -01) Section 3d, Article 37 of die_.AF3CUE_ agreement _,states..that-the - employee contribution shall be 7% commencing the I" year of the agreement, which is 10/1104. Section 16 -19 above states that the employee contribution is 5 %. This is an obvious conflict, and we have asked the city to advise of the correct percentage and if required to amend the ordinance. The agreement further states that commencement of the second year (10/1/05) should the total actuarially determined contribution exceed 14% then the excess amount shall be shared equally between the city and employees. However, section 16 -19 states t e itv s ann Lawrence F. Wilson, A.S.A. Senior consultant and Actuary Gabriel Roeder Smith &.Company July 13, 2006 Page 3 contribution be actuarially determined to exceed 12% then the sharing takes effect. Again we . have requested 'the city to advise us of the correct percentage and whether it is the city's contribution or the total contribution that must be exceeded. Agreement and Article 33 of the PO and Sgts. Agreement; These agreements cause the following concerns. is state that effective 10/1/01 with section 16 -19. be actuariallv determi in Article 30 of the Lts. & Capts. both of which a Tess pension issues. contributions will be 7.5 %, which equally the excess amount, while section 1649 states that should the total. police contribution and city contribution exceed 17% of covered police payroll for any fiscal year, the excess over 17% shall be divided in half and shared equally by the city and police member. Once again we have a conflict and have asked the city to advise us which percentage is correct. It is our o inion that the current collective bar airing agreement language should be reflected in the ordinance. Therefore, based on our understanding -oT the a ove i ormation we are of the opinion that the multiplier percentages should remain as. stated in the prior PBA agreements and that employee contribution rates should be.7/ofor gen emp ogee p cipan and 7.5% for police participants. Further it is our opinion that the sharing of excess contributions should take effect when the total contribution exceeds 14% for general employee participants effective 1011105 and 15% for police participants effective 10 /1 /01. If you have any questions or concerns on our position please do not hesitate to call our office direct. Yours truly, KENNE HARRISON, SR ,. cc: Board of Trustees G,\\ SMP FIACTMesponsetoACTULettero #30Mar2006 -Lt fop �o Gabriel Roeder Smith & Company 301 East Las Olas Blvd. 954.527.1616 phone GRS Consultants & Actuaries Suite 200 954.525.0083 fax Ft. Lauderdale, FL 33301 -2254 www.gabrielroeder.com March 30, 2006 Ms. Haydee Lopez Benefits USA, Inc. 3810 Inverrary Blvd., Suite 208 Lauderhill, Florida 33319 Re: City of South Miami Pension Plan Dear Haydee: In order to complete the October 1, 2005 Actuarial Valuation for the above referenced plan, we requested signed copies of the pension sections and the effective dates of the General Employees and Police Officers collective bargaining agreements in effect as of September 30, 2005. Upon review, we have identified some inconsistenci_ec hetween the cull ..tiv . harD fining agreements and prior Ordinances. Police Officers 1. The current bargaining agreement defines the retirement benefit percentages in Article 33 Retirement Benefits as follows: For Credited Service: Through September 30, 1993 October 1, 1993 through September 30, 1994 October 1, 1994 through September 30,1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 Octo'uer 1, 1997 and h1 creafter This is a reduced schedule from prior documentation. Percentage 1.60% 1.80% 1.90% 2.25% 2.50% 2.75° "o The prior collective bargaining agreement provided to us signed July 23, 2002 provides for pension increases in Article 28 Compensation. Specifically, effective October 1, 2001 the future accrual rate is increased to 2.80 %, effective October 1, 2002 the future accrual rate is increased to 2.90% and effective October 1, 2003, the minimum retro accrual rate is '2.0% and the future accrual rate is increased to 3.0 %. These increases are also included in the Summary Plan Description (SPD) dated June 2002. Ms. Haydee Lopez March 30, 2006 Page Two Based upon the above, the retirement benefit percentages in Article 33 Retirement Benefits should be: For Credited Service: Through September 30, 1995 October 1, 1995 through September 30, 1996 October 1, 1996 through September 30, 1997 October 1, 1997 through September 30, 2001 October 1, 200.1 through September 30, 2002 October 1, 2002 through September 30, 2003 October 1, 2003 and thereafter Percentage 2.00% 2.25 % 2.50% 2.75% -2.80% 2.90% 3.00% ;K C e % 0 ' ) ' pl� b� What schedule is correct and should be reflected in the October 1, 2005 Actuarial Valuation? 2. The current bargaining agreement states that Police Officers contribute 7.5% of pay however effective October 1, 2001, should the total contribution exceed-15.0%, both the City and Police Officers are to share equally the amount in excess of 15.0 %. Based upon Ordinance No. 30 -01 -1761 signed October 16, 2001, Police Officers contribute 7.5% of pay. Effective October 1, 2001, should the total contribution exceed 17.0 %, both the City and Police Officers are to share equally the amount in excess of 17.0 %. We note that the prior collective bargaining agreement signed July 23, 2002 and the SPD dated June 2002 required the Police Officers and the City to share equally should the total contribution exceed 15.0% effective October 1, 2001 Based upon the above, we have been utilizing the 17.0% threshold. What should the threshold be for the October 1, 2005 Actuarial Valuation? General Employees L. Based upon the current collective bargaining agreement, the employee contribution is 7.0% however effective October 1, 2005, should the total contribution exceed 14.0 %, both the City and Employees are to share equally the amount in excess of 14.0 %. Based upon the SPD dated June 2002, the employee contribution was 7.0 %. However, should the City contribution exceed 12.0 %, both the City and Employees were to share equally the amount in excess of 12.0 %. We understand that it was not the intent of the collective bargaining in place at the time for the employees to contribute more than 7.0% regardless of the City contribution amount. Gabriel Roeder Smith & Company Ms. Haydee Lopez March 30, 2006 Page Three Please confirm that the intent is that the City and General Employees should share equally in the amount in excess of 14.0% for purposes of the October 1, 2005 Actuarial Valuation. . Thank you for your assistance with our questions. - If you should have any questions concerning the above or if we may be of further assistance with this matter, please do not hesitate to contact us. Sincerest regards, 14 r { V . tj Lawrence F. Wilson, A.S.A. Senior Consultant and Actuary cc: Kenneth Harrison, Esq. Gabriel Roeder Smith & Company 3. Any employee Wcared on the job shall be paid the hill eight (8) hours wage for the day of the accident if their treating physician advises that he should not return to work that day. 4. Employees covered by this agreement fUrther agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. 5. It is further understood and agreed. that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South lvhami Drug and Alcohol Policy and Work Rules implemented on March 1, 2004. ARTICLE 33 RETMEMEn LENTEi'TS 1. Each bargaining unit employee who retires on length of service or medical disability Shan receive a one grade promotion and shall be issued a badge and identification card clearly marked. "retired". 2. The following changes in retirement benefits are hereby agreed to: (a) Effective October 1, 1995, the benefit accraai rate (multiplier) shall be increased from 1.9 to 225 %; (b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.�0 %; (c) Effective. October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50` /a to 2.75°/x. (d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: L For all years of service prior to' October 1, 1993, the multiplier shall be 1.6 6/a. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall be 1.8 %. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9 %. II. For services rendered from October 1, 1995 through September 30,1996, the multiplier shall be 2.25 %. III. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.50 %. I'V. For services rendered from September 30, 1997 forward, -the multiplier shall be 2.75 %. 3. Bargaining unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous full time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be I W16 vested. 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5 %. Should the total contribution be actuarially determined to exceed 15°1, both the City and the employees will share equally the excess amount(e.g:,_should the total contribution be actuarially determined to be 17 %, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5 %). 24 5. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension - Plan each year, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired after October 1, 1995. 7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and iscri inatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever-is applicable. S. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to. purchase credit for active duty in the U. S. military service, up to a ma2dmum of four (4) years in the South. Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. 10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immodiate past City service as a member of the bargaining Quit up to a maximum of five (5) years in the South Miami. Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA. The actuarial and technical language is to be prepared by actuarial company, approved by the City and the PBA, and adopted by the Pension Board. Any condition or impairment of health of e y police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or. death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. ARTICLE 34 EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the offcers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. if any application is approved, guidelines for reimbursement are as follows: a) 50% reimbursement of the course cost fur a grade of "C" or better for undergraduate courses; b) 50% reimbursement of the course cost for a grade of "B" or better for graduate courses; c) Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub- sections a and b above; d) The credit hour cost of any courses approved shall be capped at the raze used by local publicly funded universities and/or community colleges. 25 the Florida CRA_ If the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the gri evance procedure herein. b Date: /OA0 ARTICLE 39 TERM OF AGREEMENT 1. Except as provided herein, all provisions of this Agreement. shall be effective upon ratification by the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2007. City of South Miami' I: NW A I P-1W 174�0_ -I t. Date. �i. _ _i's;� 7 Ii, Ve F , Vi' a M,ayf �r y � ate: B Rand iscombe, Commissioner By. _ Date: few TEST: Crai er , I, m ssioner By. j Date: /D 51 1 �:.- •�� 'e Buis- per ssioner . { 1 ria * M. Menendez B �&'-I Date: !b ! Zb a .City Clerk S'' 'Date: f� / % J C s d, Attorney City f S Miami By. Date: 3 �� John era, President Dade- P By: � e2,,,__—Date: -/ d Agustin Castro, PBA Representative ATTEST: Date: City Cierk 27 Section 2: Prior to the first negotiation meeting, the Union shall designate up to two (2) unit employees who will be paid their regular rate of pay, for attending negotiations during work hours. Such pay shall not exceed twenty (20) hours in each fiscal year. ARTICLE 35 EMERGENCIES Section 1: The City Manager shall have the right, in his sole and exclusive discretion, to determine if and to what extent an emergency situation exists with respect to City property andfor to the citizens of the City. immediately aver making such determination, the City Manager's office shall notify the Union of the decision, and, to the extent possible, the length of time the emergency condition is expected to continue. Section 2: During the declared emergency, all provisions of this Agreement may be suspended. Any provision so suspended will be reinstated upon order of the City Manager after the emergency has ended. Section 3: Disputes concerning the Agreement arising during the declared emergency ng shall not be subject to the grievance and arbitration procedure except disputes concern] salary and wages. ARTICLE 36 LABOR - MANAGEMENT COMMITTEE There shall be a Labor - Management Committee consisting of no more than two management representatives designated by the City Manager and no more than two bargaining unit employees appointed by the President of the Union. The Labor- Management Commbee shall meet as mutually agreed upon by the participants, but not less than quarterly. The sole function of the Committee shall be to discuss general matters pertaining to employ" relations (e.g., safety issues). Thus, the parties agree that the purpose of the Committee shall not be to discuss grievances or matters which have been the subject of collective bargaining. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit membar s regular work hours. ARTICLE 37 PENSION BENEFITS Section 1. The parties will form a joint Pension Committee to study the current pension plan for bargaining unit employees and to suggest amendments, if any, to the City Commission 23 for consideration regarding changes to said plan. The parties may appoint up to three members each to the Committee; however, one of the Gity's members shat) be the City Manager and one of the .Union's members shall be the Staff Representative from AFSCME Florida Council 79. If the parties are not able to reach agreement on recommendations to the City Commission, both sides of the Committee may issue separate recommendations. The recommendations are not binding on the City Commission. Each bargaining unit Committee member shall be paid his or her regular salary for attendance at Committee meetings during the bargaining unit members regular work hours. Sec_Eion 2: The following changes in the pension are as follows: a. Effective October 1, 1995, the bansft cru acal rate (multiplier) shall be increased from 1.6 to 1.8 %. b. Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 1.8 to 2.0%. C. Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.0 to 2.25%. Effective October 1, 1998, the benefit accrual rate (multiplier) shall be in from 2.25 to 2.5 %. Effective October 1, 1999, the benefit accrual rate (multiplier) shall be increased from 2.5 to 2.75 %. Section 3: All bargaining unit employees who are employed in positions covered by the unit on the date of this agreement shall receive the following pension plan improvements: a. The pension multiplier shall be increased to 2.125 % effective October 1, 2000, for all bargaining unit members, as part of pension plan improvements, from their pension participation date through September 30, 1996. b. The pension multiplier shall be increased to 2.250 % effective October 1, 2001, for all bargaining unit members as part of pension plan improvements, from their participation date through September 30, 1997. c. The pension multiplier shall be increased to 2.50 % effective October 1, 2002, for all bargaining unit members as part of the pension plan improvements, from their participation date through September 30, 1998. 0 For the first year of this collective bargaining agreement, the employes contribution to the retirement plan will be 7 %. Upon commencement of the second year of the conecfhvre bargaining agreement and thereafter, should the total 24 contribution be actuarially determined to exceed 14 %, both the City and the employees will share equally the excess amount (e.g., should the total contribution be actuarially determined to be 16 %, the City shall contribute a total of 8.009/6 and the employees shall contribute a total of 8.00 %). ARTICLE 38 WORK IN HIGHER CLASSIFICATION An employee who is authorized by the Department Head to temporarily assume the duties of a higher pay status classification for three (3) consecutive work days will receive the pay rate of the lowest step of the higher classification or a one (1) step increase (whichever is higher) for all consecutive hours worked in the higher classification after the above - referenced three (3) consecutive work days. ARTICLE 39 TERM OF AGREEMENT AND REOPENING Section 1: This Agreement, having been ratified by the City Commission of the City of South Miami and Local 3294, American Federation of State, County, and Municipal Employees, AFL -CIO, shall be operative and effective as of its date of execution, and shall continue until September 30, 200_. Section 2: Either party may require, by written notice to the other, between April 1 st and not later than .tune 1 st discussions concerning modifications of this Agreement on non- financial issues, one issue chosen by the Union, and one issue Chosen by the City. If neither party shall submit such written notice during the. indicated period, this Agreement shall automatically be renewed, in its entirety, for the following fiscal years they fter. 0.1-4— THIS AGREEMENT signed this / 4day of 200 AMERICAN FED RATIO_ N O E, MIAMI OF SO TH MIAMI LOCAL 3294 Dat By: e: 1 Mari V. Davis, City Man IU By: . )Y' Date: Jo sea, AFS9AAE Staff Representative sy Doug > r, Union President George Greene, Treasurer Attest . �'w Date: City Clerk 25 9. The parties agree that any employee refusing to submit to toxicology or alcohol testing conducted in accordance with the provisions of this Article may result in disciplinary action being taken against the employee up to and including dismissal. 10. In the event of an job injury to an employee, not as .a result of negligence by, n,; .t "'the employee, such employee will be camed a full pay and benefits for a period not to exceed 180 calendar days. , 1. *Any employee injured on the job shall be paid the full eight (8) hours wage for the day of the accident if their treating physician advises that he should not return to work that day. 12. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. ARTICLE 33 RETIREMENT BENEFITS 1. Each bargaining unit employee who retires on length of service or medical disability shall receive a one grade promotion and shall be issued a badge and identification card clearly marked "retired ". 2. The following changes in retirement benefits are hereby agreed to: (a) Effective .October 1, 1995; the benefit accrual rate (multiplier) shall be increased from 1.9 to 2.25 %; '(b) Effective October 1, 1996, the benefit accrual rate (multiplier) shall be increased from 2.25% to 2.50 %; (c) Effective October 1, 1997, the benefit accrual rate (multiplier) shall be increased from 2.50% to 2.75 %. (d) The multiplier factor to be applied at the time of retirement of each bargaining unit employee shall be applied as follows: I. For all years of service prior to October 1, 1993, the multiplier shall be 1.6 %. For services rendered during fiscal year 1993 -94 (October 1, 1993 through September 30, 1994), the multiplier shall , be 1.8 %. For services rendered during October 1, 1994 through September 29, 1995, the multiplier shall be 1.9 %. . II. For services rendered from October 1, - 1995 through September 30, 1996, the multiplier shall be 2.25 %. III. For services rendered from October 1, 1996 through September 29, 1997, the multiplier shall be 2.50 %. IV. For services_ rendered from September 30, 1997 forward, the multiplier shall be 2.75 %. 3. Bargaining unit employees shall be 100% vested in the retirement -plan when completion of ten (10) years continuous full-time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. 25 4. Effective October 1, 2001, the employee contribution to the retirement plan will be 7.5 %. Should the total contribution be actuarially determined to exceed 15 %, both the -City and the employees will share equally the excess amount(g j should the total contribution be actuarially determined to be 17 %, the City shall contribute a total of 8.5% and the employees shall contribute a total of 8.5 %). 5, Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement funds to the South Mami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 6. The retirement plan is mandatory for all employees hired after October 1; 1995, 7. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, date of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. 8. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service, up to a maximum of four (4) years in the South Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. 10. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation with the PBA The actuarial and technical language is to be prepared by actuarial company, approved by the City and the PBA, and adopted by the Pension Board. Any condition 'or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. 11. For Retro and Future Pension Benefits applicable to fiscal years 2001 -2004, see COMPENSATION MATRIX, Article 28. ARTICLE 34 EDUCATIONAL INCENTIVE 1. The City agrees to bear the cost of tuition for specialized education courses to better equip the officers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: 26 ARTICLE 27 SEVERABILITY CLAUSE 1. Should any provision of this Agreement or any.part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement. ARTICLE 28 COMPENSATION 1. The following Compensation matrix is agreed (Effective October 1 of the fiscal year): Year COLA Special Retro Future Employee Risk Pension Pension Pension Pay Contribution 2001 -02 5.00% $30 1.60% 2.80% 7.50% 2002 -03 3.00% $35 1.80% 2.90% 7.50% 2003 -04 2.00% $40 2.00% 3.00% 7.50%. 2. Bargaining unit employees who serve as Field Training officers pursuant to the criteria below will receive a 7% supplement during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties. The 7% FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. 3. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive the wages of their acting rank for each full day worked in the higher rank. 4. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. ARTICLE 29 PROBO ITION AGAINST RE- OPENING OF NEGOTIATIONS 1. Except as specifically provided herein, neither party hereto shall be permitted to re- open this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 21 to negotiate concerning the impact of such abolishment or merger proposal upon this Agreement. 2. The abolishment or merger negotiations shall include discussion of provisions for the placement of personnel in other departments or, in the alternative, severance benefits. ARTICLE 38 AMERICANS WITH DISABILITIES ACT 1. Notwithstanding any other provision of this Agreement, the PBA agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws. To accomplish this, the City shall notify the PBA of the action it intends to take to comply with the ADA or the Florida CRA. If the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the .City to resolve the issue and to determine the .parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. ARTICLE 39 TERM OF AGREEMENT 1. Except as provided herein, all provisions of this Agreement shall be effective upon ratification by -the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2004. 2. Both parties agree that the following items may be opened prior to the second and third years of this Agreement upon notice by either party no later than July 1, of that year: (a) 55 /10 Retirement (b) DROP Program Dade County P lice Benevole t s ciation City of South Miami By; gy; A / Dade Couno PBA 'ty ger S uv' Date: Date: 07 vZ t YTTEST: City Clerk 28 MIAMI DAILY BUSINESS REVIEW Published Daily axoapt Saturday, Sunday and Latta] Holidays M.N. Miami -Dade County, Florida STATE OF FLORIDA a COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 in the XXXX Court, , was published In said newspaper in the issues of 10/27 /2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing t i:; advertls a for publication in the said newspape Sworn to and subscribed before me this 27 day of OCTOBER , A.D. 2006 a r.. (SEAL - O.V. FERBEYRE personally known to me ? chord H Mame" My commission OD338559. �p Expm:s July 18. 2008 CITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission.' Date: October 17, 2006 Yvonne Mckinley, City Mgr. From: Luis Figueredo, City Attorney Re: Ordinance authorizing application for`FMLC loan Subject: An Ordinance authorizing the City Manager and City Attorney to apply for, negotiate the terms and conditions and close on a permanent loan not to exceed $6,000,000 from the Florida Municipal Loan Council (FMLC). Discussion: On February 1, 2005 the City Commission authorized additional project financing of 2.5 million dollars for the South Miami Municipal Garage. The total project financing approved by the City is 11 million dollars. However; for the reasons stated below, the actual project costs will approach 12 -12.5 million dollars to complete the project. To date, the city has borrowed 6.5 million dollars. Approximately $1,708,288 of the funds that were supposed to be used for construction costs have been used to repay the loan. At the time that the city developed a budget for the project, staff did not take into account approximately 4 years of delays. It was anticipated at that time that after a period of 12 -18 months, parking, ticket and rental revenues generated from the garage would be utilized to repay the loan. Instead the loan proceeds have continued to be used to make the principal and interest payments. As a result, a significant portion of those funds need to be re- borrowed. Secondly, construction costs have dramatically increased. Additionally, staff proposes to borrow an additional $300,000 dollars to offset the loss of parking and ticket revenues during construction and to cover the City's share of the loan repayment during that period . Staff is therefore requesting authorization to borrow up to $1.5 million dollars above the amount currently authorized by the City Commission. Pursuant to the Settlement Agreement MRP is responsible for the repayment of the loan less the city's share. Under the settlement agreement, the City is only responsible for the repayment of one million dollars ($1,000,000) in project costs and $78,847 in soft costs. If the City authorizes staff to borrow additional monies to offset the loss of parking and ticket revenues, the city's repayment obligation as provided for in the settlement agreement will equal $1,300,000 or $1,370,000 depending on whether the city elects to amortize the soft r FMLC loan memorandum to Mayor and City Commission cc: Yvonne Mckinley, City Manager October 17, 2006 Page 2 of 2 costs. NW will be responsible for the repayment of the remainder of the loan with the exception that closing costs associated with obtaining the financing will be paid for by both the City and MRP. Accordingly, the increase in project related costs should not increase the city's actual share of the annual principal and interest payments. Recommendation: Approve the ordinance authorizing the City Manager and City Attorney to apply for and negotiate a loan not to exceed six million dollars to fund the total project costs required to complete the municipal parking facility. . I 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, 4 AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE 5 AMOUNT NOT TO EXCEED $6,000,000 FROM THE FLORIDA 6 MUNICIPAL LOAN COUNCIL; APPROVING THE ACQUISITION, 7 CONSTRUCTION AND ERECTION OF CERTAIN CAPITAL PROJECTS; 8 APPROVING THE EXECUTION AND DELIVERY OF A LOAN 9 AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; 10 APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE 11 CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A 12 CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN 13 OTHER MATTERS IN CONNECTION WITH THE MAKING OF SUCH 14 LOAN; AND PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, participating governmental units (the "Members ") have created the 17 Florida Municipal Loan Council (the "Council ") pursuant to a certain Interlocal Agreement 18 and pursuant to Chapter 163, Part I, Florida Statutes, for the purpose of issuing its bonds to 19 make loans to participating governmental units for qualified projects; and 20 21 WHEREAS, the City of South Miami, Florida, a municipal corporation, is duly 22 created and existing pursuant to the Constitution and laws of the State of Florida (the 23 "State "); and 24 25 WHEREAS, the City of South Miami finds and declares that there is a substantial 26 need for the financing or refinancing of qualifying projects permitted by Florida Statutes 27 and the State Constitution; and 28 29 WHEREAS, the City of South Miami possesses the ability to finance such projects on 30 its own, but has determined that a pooled financing program involving a limited number of 31 local governmental units which regularly undertake projects requiring significant debt 32 financing within the State of Florida would provide for low cost financing or refinancing of 33 such projects through economies of scale, administrative support and access to expertise in 34 accessing the capital markets; and 35 36 WHEREAS, it is anticipated that the benefits of a pooled financing by the City of 37 South Miami with a limited number of governmental units through the Florida Municipal 38 Loan Council may be obtained through promises to repay loans under the program and 39 supported by a general covenant to budget and appropriate for such purpose, by a specific 40 pledge of taxes or revenues or by a general obligation; and 1 2 WHEREAS, by pooling the respective financial needs of these certain various local 3 governmental units, the City of South Miami will be able to access additional markets and 4 expects to receive the benefits of lower interest rates on more favorable terms associated 5 with such a large scale financing with such benefits being obtained for and inuring to the 6 City of South Miami; and 7 8 WHEREAS, the Council is in the process of issuing its Florida Municipal Loan 9 Council Revenue Bonds, Series 2006A (such series may have such other designation as 10 determined by the Council) (the 'Bonds ") and is seeking to make loans (the "Loans ") to 11 governmental units; and 12 13 WHEREAS, it is hereby determined that a need exists to borrow funds to finance the 14 cost of the construction of the South Miami Municipal Parking Garage (the "Project ") more 15 particularly described in Exhibit A; and 16 17 WHEREAS, it is determined to be in the best interest of the City of South Miami to 18 borrow funds from the Council from the proceeds of the Bonds to finance the cost of the 19 Project. 20 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 22 OF SOUTH MIAMI, FLORIDA: 23 24 SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to Chapter 166, 25 Florida Statutes, and other applicable provisions of law. 26 27 SECTION 2. PROJECT. The financing. of the construction and erection of the 28 Project is hereby approved. 29 30 SECTION 3. NEGOTIATED LOAN. Due to the complicated nature of the 31 financing and the ability of the Council to access additional markets and for the City of 32 South Miami to receive the benefits of lower interest rates and issuance costs, it is hereby 33 determined that it is in the best interest of the City of South Miami that the Loan to the City 34 of South Miami be made from the proceeds of the Bonds, as opposed to the City of South 35 Miami borrowing funds pursuant to a public sale. 36 37 SECTION 4. LOAN AMOUNT. The amount of the Loan of the City of South 38 Miami evidenced by the Loan Agreement shall not exceed $6,000,000. Such Loan shall be 39 made at a discount which shall include a pro -rata portion of costs of issuance incurred by 40 the Council together with a pro -rata portion of a reserve fund surety cost and the League of 0a 1 Cities administrative fees and other ongoing costs and shall bear interest and shall be 2 repayable according to the terms and conditions set forth in the Loan Agreement 3 authorized pursuant to Section 5 hereof with such changes, insertions and omissions as 4 may be approved by the Mayor and the City Manager. The redemption provisions, if any, 5 relating to such Loan shall be as provided in the Loan Agreement. 6 7 SECTION 5. AUTHORIZED OFFICERS. The Mayor and the City Manager or any 8 other appropriate officers of the City of South Miami are hereby authorized and directed to 9 execute and deliver a Loan Agreement to evidence the Loan, to be entered into by and 110 between the City of South Miami and the Council in substantially the form attached hereto 11 as Exhibit B with such changes, insertions and omissions as may be approved by the Mayor 12 and City Manager, the execution thereof being conclusive evidence of such approval. 13 14 Further, the Mayor and the City Manager or any other appropriate officers of the 15 City of South Miami are hereby authorized and directed to execute and deliver a 16 Continuing Disclosure Agreement concerning compliance with existing or proposed rules 17 of the Securities and Exchange Commission concerning continuing disclosure by the City of 18 South Miami, to be entered into by and between the Underwriter, the City of South Miami 19 and the Council in substantially the form attached hereto as Exhibit C with such changes, 20 insertions and omissions as may be approved by the Mayor and City Manager, the 21 execution thereof being conclusive evidence of such approval. 22 23 SECTION 6. RATES. The Finance Director or the Mayor is hereby authorized to 24 approve the final rates of interest on the Bonds, and the redemption provisions thereof, if 25 any, on behalf of the City of South Miami. The Finance Director, the Mayor, or any other 26 appropriate officers of the City of South Miami is hereby authorized and directed to 27 execute and deliver a Bond Purchase Contract, to be entered into by and between the 28 Underwriter, the City of South Miami and the Council in substantially the form attached 29 hereto as Exhibit D with such changes, insertions and omissions as may be approved by the 30 Finance Director or the Mayor, the execution thereof being conclusive evidence of such 31 approval 32 33 SECTION 7. INDENTURE. The City of South Miami hereby acknowledges and 34 consents to the Bonds being issued pursuant to a Trust Indenture (the "Indenture ") to be 35 executed by the Council and a bank or trust company to be selected by the Council, as 36 Trustee. 37 38 SECTION 8. OTHER INSTRUMENTS. The Mayor, the Finance Director, the City 39 Manager or any other appropriate officers of the City of South Miami are hereby 40 authorized and directed to execute any and all certifications or other instruments or 3 . . 1 documents required by this Resolution, the Loan Agreement, the Trust Indenture or any 2 other document required by the Council as a prerequisite or precondition to making the 3 Loan (including but not limited to the execution of all tax documents relating to the tax 4 exempt status of the Loan), and any such representations and agreements made therein 5 shall be deemed to be made on behalf of the City of South Miami. All action taken to date 6 by the officers of the City of South Miami in furtherance of the issuance of the Bonds and 7 the making of the Loan is hereby approved, confirmed and ratified. 8 9 SECTION 9. ADDITIONAL INFORMATION. The Loan Agreement shall not be 10 executed and delivered unless and until the City of South Miami has received all 11 information required by Section 218.385, Florida Statutes. 12 13 SECTION 10. ADDITIONAL TERMS. Pursuant to subsequent ordinance or 14 resolution, the City of South Miami may establish such additional terms as it may so 15 determine to be in the best interests of the City of South Miami. 16 17 SECTION 11. ORDINANCES IN CONFLICT All ordinances or parts of ordinances 18 in conflict with the provisions of this ordinance are repealed. W 20 SECTION 12. EFFECTIVE DATE. This Ordinance shall take effect immediately 21 upon approval. 22 23 PASSED AND ADOPTED this day of , 2006. 24 25 26 CITY OF SOUTH MIAMI, FLORIDA 27 28 (SEAL) 29 30 By: 31 ATTEST: Mayor 4 EXHIBIT A PROJECTS Construction and improvements to a City -owned parking garage to be used for public parking. EXHIBIT B FORM OF LOAN AGREEMENT EXHIBIT C FORM OF CONTINUING DISCLOSURE AGREEMENT r- ._A_,_n �. -, _.� r.,.x�rr,� Bryant a Miller m Olive ATTORNEYS AT LAW September 29, 2006 Adriana Hussein Finance Director City of South Miami 6130 Sunset Drive South Miami,. Florida 33143 RE: Proposed issuance of the Florida Municipal Loan Council Revenue Bonds, Series 2006A - Loan to City of South Miami, Florida Dear Ms. Hussein: The purpose of this letter is to advise you of.our fee estimate and to describe the services we will perform as bond counsel to the Florida Municipal Loan Council (the "Issuer ") in connection with the issuance of the above - referenced bonds (the 'Bonds "). We understand that the Bonds are being issued for the purpose of financing and refinancing various capital projects (the "Project "), and that the Bonds will be limited obligations of the Issuer payabfe" solely from the loan payments received from the various borrowers in the program, including the City of South Miami, Florida (the "Borrower "). We understand that the Borrower intends to secure its loan by a covenant to budget and appropriate. We further understand that the Bonds will be purchased by Banc of America Securities LLC (the "Underwriter ") in the month of December, 2006. SCOPE OF ENGAGEMENT In this transaction, we expect to perform the following duties: (1) Subject to the completion of proceedings to our satisfaction, render our legal opinion (the 'Bond Opinion ") regarding the validity and binding effect of the Bonds, the source of payment and security for the Bonds, and the excludability of interest on the Bonds from gross income for federal income tax purposes. (2) Draft the basic agreements governing the issuance of the Bonds and the loan of bond proceeds to the Borrower. (3) Prepare and review other documents necessary or appropriate to the authorization, issuance and delivery of the Bonds, coordinate the authorization and execution of documents, and review and, where appropriate, draft enabling legislation. Adriana Hussein September 29, 2006 Page 2 (4) Prepare the Issuer's declaration of official intent, if any, to reimburse Project costs paid by the Borrower prior to the issuance of the Bonds. (5) Assist the Issuer in seeking from other governmental authorities such approvals, permissions and exemptions as we determine are necessary or appropriate in connection with the authorization, issuance, sale and delivery of the Bonds, except that we will not be responsible for any required blue sky filings. We understand, however, that Borrower's counsel will be responsible for obtaining all approvals and permits relating to the construction and operation of the Project. (6) Review legal issues relating to the structure of the Bond issue. (7 Assist the Issuer and the Borrower in presenting information relating to the structure and legality of the Bonds to bond rating organizations ' and providers of credit enhancement. (8) Serve as the Issuer's closing agent in connection with the closing of the Borrower's loan. Our Bond Opinion will be addressed to the Issuer and the Borrower and will be delivered by us on the date the Bonds are exchanged for their purchase price (the "Closing "). The Bond Opinion will be based on facts and law existing as of its date. In rendering our Bond Opinion, we will rely on the certified proceedings and other certifications of public officials, officers of the Borrower and other persons furnished to us without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the Issuer and the Borrower with applicable laws relating to the Bonds. During the course of this engagement, we rely on you to provide us with complete and timely information on all developments pertaining to any aspect of the Project, the Bonds and the security for the Bonds. Among other things, we will require the Borrower to execute a certificate of fact relating to the Project and the use of Bond proceeds. Our duties in this engagement are limited to those expressly set forth above. Among other things, our duties do not include: (a) Assisting in the preparation or review of an official statement, if any, or any other disclosure document with respect to the Bonds, or performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document or rendering advice that the official statement or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Adriana Hussein September 29, 2006 Page 3 (b) Preparing requests for tax rulings from the Internal Revenue Service. (c) Preparing blue sky or investment surveys with respect to the Bonds. (d) Except as described in paragraph (3) above, drafting state constitutional or legislative amendments. (e) Pursuing test cases or other litigation, such as contested validation proceedings, except as set forth above. (f) Making an investigation or expressing any view as to the creditworthiness of the Borrower, any credit enhancement provider, or the Bonds. (g) Assisting in the preparation of, or opining on, a continuing disclosure undertaking pertaining to the Bonds or, after Closing, providing advice concerning any actions necessary to assure compliance with any continuing disclosure undertaking. (h) Representing the Issuer in Internal Revenue Service examinations or inquiries, or Securities and Exchange Commission investigations. (i) After Closing, providing continuing advice to the Issuer, the Borrower or any other party concerning any actions necessary to assure that interest paid on the Bonds will continue to be excludable from gross income for federal income tax purposes (e.g., our engagement does not include rebate calculations for the Bonds.) (j) Addressing any other matter not specifically set forth above that is not required to render our Bond Opinion. ATTORNEY - CLIENT RELATIONSHIP In this transaction, the Issuer will be our client and an attorney - client relationship will exist between the Issuer and us. We assume that you and other parties to the transaction will retain such counsel as you deem necessary and appropriate to represent your interests in this transaction. In performing our services as bond counsel, we will represent the interests of the Issuer exclusively. We will not be representing you or any other party and will not be acting as an intermediary among the parties. Our representation of the Issuer will not affect, however, our responsibility to render an objective Bond Opinion. Adriana Hussein September 29, 2006 Page 4 FEES The responsibility for payment of our fee, which will be $1.25/bond, will be divided among the Borrowers on a pro -rata basis and paid from the Cost of Issuance Fund. Our fee is based upon: (i) our current understanding of the terms, structure, size and schedule of the financing represented by the Bonds; (ii) the duties we will undertake pursuant to our engagement letter with the Issuer and as described in this letter; (iii) the time we anticipate devoting to the financing in connection therewith; and (iv) the responsibilities we will assume. Our fee may vary: (a) if the principal amount of Bonds actually issued differs significantly from the amount stated above; (b) if material changes in the structure or schedule of the financing occur; or (c) if unusual or unforeseen circumstances arise which require a significant increase in our time or responsibility. If, at any time, we believe that circumstances require an adjustment of our original fee estimate, we will advise the Issuer and you. In addition, we will be reimbursed for all client charges made or incurred in connection with the Bond issue. Such costs generally include travel costs, photocopying, document printing, deliveries, long distance telephone charges, telecopier charges, filing fees, computer- assisted research and other expenses. Our fee is usually paid at the Closing, and we customarily do not submit any statement until the Closing unless there is a substantial delay in completing the financing. Detailed supporting documentation is available upon request for statement billings. If the financing is not consummated, we understand and agree that we will not be paid, however, we expect that all reasonable out -of- pocket expenses are subject to reimbursement. [Remainder of page left intentionally blank.] Adriana Hussein September 29, 2006 Page 5 If the foregoing terms are acceptable to you, please so indicate by returning the enclosed copy of this engagement letter dated and signed by an authorized.officer, retaining the original for your files. We look forward to working with you. BRYANT MILLER OLIVE P.A. B Y• Attorney Accepted and Approved: CITY OF SOUTH MIAMI, FLORIDA By: _ Title: Date: cc: Florida Municipal Loan Council CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated as of 1, 2006 (the "Continuing Disclosure Agreement ") is executed and delivered by ' a Florida ('Borrower "), and by Florida League of Cities, Inc., a Florida corporation not- for- profit, as Dissemination Agent (the "Dissemination Agent ") hereunder. Additional capitalized terms used herein shall have the meanings ascribed thereto in Section 2 hereof. SECTION 1. Nature of Undertaking. This Continuing Disclosure Agreement constitutes an undertaking by the Borrower under paragraph (b)(5) of the Rule to provide Financial Information and notice of the occurrence of certain events with respect to the Bonds, as provided in paragraph (b)(5)(i)(C) of the Rule, and otherwise to assist the Participating Underwriter in complying with paragraph (b)(5) of the Rule with respect to the Offering of the Bonds. Among other things, the Borrower is hereby undertaking (i) to disseminate an Annual Report not later than 270 days after the end of each Fiscal Year of the Borrower in accordance with Section 4 hereof, which contains Financial Information with respect to the Borrower, (ii) if an Annual Report does not contain the Audited Financial Statements, to disseminate the Audited Financial Statements in accordance with Section 4 hereof as soon as practicable after they shall have been approved by the Governing Body, (iii) to provide notice in a timely manner, in accordance with Section 6 hereof, of the occurrence of any of the Listed Events related to the Borrower and (iv) to provide notice in a timely manner, in accordance with Section 4(e) hereof, of any failure to disseminate an Annual Report in.accordance with the preceding clause (i) of this sentence. SECTION 2. Definitions. In addition to the definitions set forth above and in the herein - defined Indenture, which shall apply to any capitalized terms used herein, the following capitalized terms shall have the following meanings, unless otherwise defined therein: "Annual Report" means a document or set of documents which (a) identifies the Borrower; (b) contains (or includes by reference to documents which were provided to each Repository or filed with the SEC or, if by reference to the Final Official Statement, filed with the MSRB prior to the date that the Annual Report containing such reference is provided to the Dissemination Agent in accordance with Section 4 hereof): (i) Financial Information and Operating Data for the Borrower; (ii) Audited Financial Statements if such Audited Financial Statements shall have been approved by the Governing Body at the time the Annual Report is required to be provided to the Dissemination Agent in accordance with Section 4 hereof; and (iii) Unaudited Financial Statements if the Audited Financial Statements shall not have been approved by the Governing Body at the time the Annual Report is required to be provided to the Dissemination Agent in accordance with Section 4 hereof; (c) in the event that the Borrower delivers a Continuing Disclosure Certificate to the Dissemination Agent pursuant to Section 5(b) hereof, contains (in the case of the Annual Report disseminated on or immediately after the date such Continuing Disclosure Certificate is so delivered) a narrative explanation of the reasons for the changes in Financial Information and/or Operating Data set forth in such Continuing Disclosure Certificate and the effect of the changes on the types of Financial Information and/or Operating Data being provided in such Annual Report; and (d) in the event that the Borrower authorizes a change in the accounting principles by which its Audited Financial Statements are prepared, contains (in the case of the Annual Report disseminated on or immediately after the date of such change) (1) a comparison between the Financial Information prepared on the basis of the new accounting principles which is contained in such Annual Report and the Financial Information prepared on the basis of the former accounting principles which was contained in the previous Annual Report disseminated immediately prior to such Annual Report and (2) a discussion of the differences between such accounting principles and the effect of such change on the presentation of the Financial Information being provided in such Annual Report. "Annual Report Certificate" means an Annual Report Certificate in the form attached hereto as Exhibit A. "Annual Report Date" means the date which is 270 days after the end of a Fiscal Year. "Audited Financial Statements" means the financial statements of the Borrower which have been examined by independent certified public accountants in accordance with generally accepted auditing standards. "Bondholder" means (i) the registered owner of a Bond and (ii) the beneficial owner of a Bond, as the term "beneficial owner" is used in any agreement with a securities depository for the Bonds and as the term may be modified by an interpretation by the SEC of paragraph (b)(5) of the Rule. "Bonds" means the $ Series 2006A. Florida Municipal Loan Council Revenue Bonds, "Continuing Disclosure Agreement" means this Continuing Disclosure Agreement, as the same may be supplemented and amended pursuant to Section 8 hereof. "Continuing Disclosure Certificate" means a Continuing Disclosure Certificate in the form attached hereto as Exhibit B delivered by the Borrower to the Dissemination Agent pursuant to Section 5 hereof. "Dissemination Agent" means Florida League of Cities, Inc., acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent which is appointed pursuant to Section 3 hereof or to which the responsibilities of Dissemination Agent under this Continuing Disclosure Agreement shall have been assigned in accordance with Section 9 hereof. "Event Notice" means notice of the occurrence of a Listed Event. "Final Official Statement" means the Final Official Statement prepared in connection with the Offering of the Bonds. "Financial Information" means financial information related to the Borrower of the types identified in the Continuing Disclosure Certificate most recently delivered by the Borrower to the Dissemination Agent in accordance with Section 5 hereof. The Financial Information (i) shall be prepared for the Fiscal Year immediately preceding the date of the Annual Report containing such Financial Information, and (ii) shall be prepared on the basis of the Audited Financial Statements to be provided to the Dissemination Agent concurrently with the Annual Report, provided that, if the Audited Financial Statements are to be provided to the Dissemination Agent subsequent to the 2 date that the Annual Report is provided to the Dissemination Agent, such Financial Information may be prepared on the basis of the Unaudited Financial Statements. "Governing Body" shall mean the governing body of the Borrower which shall approve the Audited Financial Statements. "Indenture" means the Trust Indenture dated of even date herewith by and between Florida Municipal Loan Council, as Issuer, and , as Trustee. "Insurer" means "Issuer" means Florida Municipal Loan Council. "Loan Agreement" means the Loan Agreement dated of even date herewith, between the Issuer and the Borrower. "Listed Events" means any of the events which are set forth in Section 6 hereof. "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means, as of the date of determination, any Nationally Recognized Municipal Securities Information Repository for purposes of paragraph (b)(5) of the Rule. "Offering" means the primary offering of the Bonds for sale by the Participating Underwriter. "Operating Data" means operating data ofthe types identified in the Continuing Disclosure Certificate most recently delivered by the Borrower to the Dissemination Agent in accordance with Section 5 hereof. The Operating Data shall be prepared for the Fiscal Year immediately preceding the date of the Annual Report containing such Operating Data. "Participating Underwriter" means Banc of America Securities LLC. "Rating Agencies" means Fitch, Inc. and Standard & Poor's Ratings Services. "Repository" or "Repositories" means the NRMSIRs and the SIDs, either individually or collectively, as the context requires. "Rule" means Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934, as amended, as the Rule may be amended from time to time, or any successor provision thereto. "SEC" means the Securities and Exchange Commission. "SID" means, as of the date of determination, any public or private repositories or entities which are designated by the State of Florida as state information depositories for purposes of paragraph (b)(5) of the Rule and recognized as such by the SEC. 3 "Trustee" means , as trustee under the Indenture. "Unaudited Financial Statements" means unaudited financial statements of the Borrower for any Fiscal Year which have been prepared on a basis substantially consistent with the Audited Financial Statements to be subsequently prepared for such Fiscal Year. The Unaudited Financial Statements for any Fiscal Year shall be prepared on a comparative basis with the Audited Financial Statements prepared for the preceding Fiscal Year. SECTION 3. _Appointment of Dissemination Agent: Obligations of Borrower Respecting Undertaking. (a) The Borrower hereby appoints Florida League of Cities, Inc. to act as the initial Dissemination Agent hereunder. Florida League of Cities, Inc. hereby accepts such appointment. The Borrower may, from time to time, appoint a successor Dissemination Agent or discharge any then acting Dissemination Agent, with or without cause. If at any time there shall be no Dissemination Agent appointed and acting hereunder or the then appointed and acting Dissemination Agent shall fail to perform its obligations hereunder, the Borrower shall discharge such obligations until such time as the Borrower shall appoint a successor Dissemination Agent or the then appointed and acting Dissemination Agent shall resume the performance of such obligations. (b) The Borrower hereby acknowledges that the Borrower is obligated to comply with this Continuing Disclosure Agreement and that the appointment of the Dissemination Agent as agent of the Borrower for the purposes herein provided does not relieve the Borrower of its obligations with respect to this Continuing Disclosure Agreement. SECTION 4. Annual Financial Information. (a) The Financial Information shall be contained in the Annual Reports and, if provided separately in accordance with Section 5(b) hereof, the Audited Financial Statements which the Borrower is required to deliver to the Dissemination Agent for dissemination in accordance with this Section 4. (b) The Dissemination Agent shall notify the Borrower of each Annual Report Date and of the Borrower's obligation hereunder not more than 60 and not less than 30 days prior to each Annual Report Date. The Borrower shall provide an Annual Report to the Dissemination Agent, together with an Annual Report Certificate, not later than each Annual Report Date, provided that, if the Annual Report does not include the Audited Financial Statements, the Borrower shall provide the Audited Financial Statements to the Dissemination Agent as soon as practicable after they shall have been approved by the Governing Body. (c) The Dissemination Agent shall provide the Annual Report and, if received separately in accordance with Section 4(b) hereof, the Annual Financial Statements, to each Repository, the Trustee, the Issuer, the Rating Agencies and the Insurer within five (5) Business Days after receipt thereof from the Borrower. (d) The Dissemination Agent shall provide the Issuer, the Borrower and the Trustee written confirmation that the Annual Report and, if received separately in accordance with Section 4(b) hereof, the Annual Financial Statements, were provided to each Repository in accordance with Section 4(c) hereof. 4 (e) If the Dissemination Agent shall not have filed the Annual Report by the Annual Report Date, the Dissemination Agent shall so notify the Borrower, the Repositories, the Trustee and the Insurer within five (5) Business Days of the Annual Report Date. SECTION 5. Continuing Disclosure Certificates. (a) The Borrower shall prepare a Continuing Disclosure Certificate in the form attached hereto as Exhibit B in connection with the Offering of the Bonds and shall deliver the same to the Dissemination Agent for dissemination to the Participating Underwriter, Issuer and Trustee. (b) Prior to the deletion or substitution of any Financial Information and Operating Data from the information listed in Exhibit B hereto the Borrower will obtain an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to of the Borrower) addressed to the Issuer, the Participating Underwriter, the Trustee and the Dissemination Agent to the effect that the Financial and Operating Data to be provided will comply with the Rule, as in effect on the date of the Offering of the Bonds and taking into account any amendment or interpretation of the Rule by the SEC or any adjudication of the Rule by a final decision of a court of competent jurisdiction which may have occurred subsequent to the execution and delivery of this Continuing Disclosure Agreement. The Dissemination Agent is entitled to rely on such opinion without further investigation. (c) Notwithstanding Section 5(b) hereof, the Borrower shall not be required to comply with Section 5(b) hereof if such Section shall no longer be deemed to be required in order for this Continuing Disclosure Agreement to comply with the Rule as a result of the adoption, rendering or delivery of (i) an amendment or interpretation of the Rule by the SEC, (ii) an adjudication of the Rule by a final decision of a court of competent jurisdiction or (iii) an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to the Borrower), in each case, to that effect. (d) Any delivery of a Continuing Disclosure Certificate pursuant to Section 5(b) hereof shall not be deemed to be an amendment to this Continuing Disclosure Agreement and shall not be subject to the provisions of Section 8 hereof. SECTION 6. Reporting of Listed Events. (a) This Section 6 governs the provision of Event Notices relating to Listed Events with respect to the Bonds. The following events are "Listed Events ": (i) principal and interest payment deficiencies; (ii) non - payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; 5 (v) substitution of credit or liquidity providers or their failure to perform; (vi) adverse tax opinions or events affecting the tax- exempt status of the Bonds; (vii) modifications to the rights of the holders of the Bonds; (viii) optional, contingent or unscheduled redemption calls; (ix) defeasances; (x) release, satisfaction or sale of property securing repayment of the Bonds; and (xi) rating changes; provided that each of the Listed Events shall be interpreted in accordance with any interpretation of the Rule by the SEC or adjudication of the Rule by a final decision of a court of competent jurisdiction which may occur subsequent to the date of the original execution and delivery hereof. (b) Whenever the Borrower obtains actual knowledge of the occurrence of any of the Listed Events with respect to or caused by the Borrower, the Borrower shall, on a timely basis and in any event within ten (10) Business Days, determine whether the occurrence of such event is material to any of the Bondholders. (c) If the Borrower determines that the occurrence of any of the Listed Events is material to any of the Bondholders, the Borrower shall promptly notify the Dissemination Agent of such determination in writing and instruct the Dissemination Agent to provide Event Notice in accordance with Section 6(e) hereof. (d) If the Borrower determines that the occurrence of the Listed Event described in such notice is not material, the Borrower shall notify the Dissemination Agent of such determination, and no Event Notice shall be provided pursuant to Section 6(e) hereof. The determination of the Borrower under this paragraph (d) shall be conclusive and binding on all parties hereto. (e) If the Borrower instructs the Dissemination Agent to provide an Event Notice pursuant to Section 6(c) hereof, the Dissemination Agent shall, within three (3) Business Days thereafter, file an Event Notice with each Repository, the Trustee, the Rating Agencies, the Issuer and the Insurer. The Dissemination Agent shall provide the Borrower, the Issuer and the Trustee written confirmation that such Event Notice was provided to each Repository in accordance with this Section 6(e). (f) Notwithstanding the foregoing, an Event Notice with respect to a Listed Event described in Section 6(a)(viii) or (ix) shall not be given under this Section 6 any earlier than the notice (if any) of such event is given to the affected Bondholders pursuant to the Indenture, as M confirmed to the Dissemination Agent by the Trustee. The Dissemination Agent shall have no liability for failure of notice given to Bondholders if it does not receive the necessary confirmation from the Trustee after written request. (g) Notwithstanding the foregoing, whenever the Borrower authorizes a change in either its Fiscal Year or the accounting principles by which its Audited Financial Statements are prepared, the Borrower shall provide the Dissemination Agent with written notice of such change and instruct the Dissemination Agent to file a copy of such notice with each Repository, the Issuer, the Insurer, the Rating Agencies and the Trustee, and the Dissemination Agent shall, within three (3) Business Days thereafter, file a copy of such notice with each Repository, the Issuer, the Insurer, the Rating Agencies and the Trustee. The Dissemination Agent shall provide the Borrower written confirmation that such notice was provided to each Repository in accordance with this Section 6(g). SECTION 7. Additional Information. Nothing in this Continuing Disclosure Agreement shall be deemed to prevent (i) the Borrower from disseminating any information or notice of the occurrence of any event using the means of dissemination specified in this Continuing Disclosure Agreement or other means or (ii) the Borrower from including in an Annual Report any information which shall be in addition to the Financial Information, Operating Data and Audited or Unaudited Financial Statements required by Section 4 hereof to be included in such Annual Report, provided that this Continuing Disclosure Agreement shall not be deemed to require the Borrower to include or update any such additional information in any subsequently prepared Annual Report. SECTION 8. Amendments: Waivers. This Continuing Disclosure Agreement may be amended, and any provision hereof maybe waived, by the parties hereto if, prior to the effective date of any such amendment or waiver, the Borrower delivers to the Dissemination Agent, the Issuer and the Trustee an opinion of nationally recognized disclosure counsel (which may also act as outside counsel to one or more members of the Borrower), to the effect that this Continuing Disclosure Agreement (taking into account such amendment or waiver) complies with the Rule, as in effect on the date of the Offering of Bonds or after the execution and delivery of this Continuing Disclosure Agreement, taking into account any amendment or interpretation of the Rule by the SEC or any adjudication of the Rule by a final decision of a court of competent jurisdiction which may have occurred subsequent to the execution and delivery of this Continuing Disclosure Agreement. The Dissemination Agent shall notify the Repositories of any such amendment and shall provide the Repositories with a copy of any such amendment. SECTION 9. Assignment. The Borrower may not assign its obligations under this Continuing Disclosure Agreement. The Dissemination Agent may assign its rights and responsibilities hereunder to a third party with the consent of the Borrower which shall not be unreasonably withheld. SECTION 10. Compensation of the Dissemination Agent. As compensation to the Dissemination Agent for its services pursuant to this Continuing Disclosure Agreement, the Borrower agrees to pay all fees and all expenses of the Dissemination Agent including, without limitation, all reasonable expenses, charges, costs and other disbursements in the administration and performance of its duties hereunder, and shall to the extent permitted by law indemnify and save the Dissemination Agent and its officers, directors, attorneys, agents and employees harmless from and 7 against any costs, expenses, damages or other liabilities (including attorneys fees) which it (or they) may incur in the exercise of its (or their) powers and duties hereunder, except with respect to its (or their) willful misconduct or gross negligence. Nothing contained herein is intended to be nor shall it be construed as a waiver of any immunity from or limitation of liability that the Borrower maybe entitled to pursuant to the Doctrine of Sovereign Immunity or Section 768.28, Florida Statutes. Notwithstanding anything to the contrary contained herein, the obligations of the Borrower hereunder shall be limited obligations payable solely from the sources provided under Section 2.02(a) of the Loan Agreement. SECTION 11. Concerning the Dissemination Agent and the Borrower. (a) The Dissemination Agent is not answerable for the exercise of any discretion or power under this Continuing Disclosure Agreement or for anything whatever in connection herewith, except only its own willful misconduct or gross negligence. The Dissemination Agent shall have no liability to the Bondholders or any other person with respect to the undertakings described in Section 1 hereof, except as expressly set forth in this Continuing Disclosure Agreement regarding its own willful misconduct or gross negligence. (b) The Dissemination Agent has no responsibility or liability hereunder for determining compliance for any information submitted hereunder with any law, rule or regulation or the terms of this agreement. The Dissemination Agent shall have no responsibility for disseminating information not delivered to it or giving notice of non - delivery except as specifically required hereunder; and (c) The parties to this Continuing Disclosure Agreement acknowledge and agree that the Borrower assumes no obligations hereunder other than those specifically assumed by the Borrower herein. SECTION 12. Termination of this Continuing Disclosure Agreement. This Continuing Disclosure Agreement shall terminate at such time as the Loan Agreement terminates. SECTION 13. Beneficiaries. This Continuing Disclosure Agreement shall inure solely to the benefit of the Borrower, the Dissemination Agent, the Trustee, the Issuer, the Insurer, the Participating Underwriter and the Bondholders. This Continuing Disclosure Agreement shall not be deemed to inure to the benefit of or grant any rights to any party other than the parties specified in the preceding sentence. SECTION 14. Counterparts. This Continuing Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. SECTION 15. Governing Law. This Continuing Disclosure Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the Borrower and the Dissemination Agent have caused this Continuing Disclosure Agreement to executed and delivered as of the date first written above. Its: as Borrower FLORIDA LEAGUE OF CITIES, INC., as Dissemination Agent Its: EXHIBIT A Form of Annual Report Certificate The undersigned duly appointed and acting of , a Florida , as Borrower under the Continuing Disclosure Agreement (hereinafter described)' (the "Borrower"), hereby certifies on behalf of the Borrower pursuant to the Continuing Disclosure Agreement dated as of 1, 2006 (the "Continuing Disclosure Agreement ") executed and delivered by the Borrower and accepted by Florida League of Cities, Inc., as Dissemination Agent (the "Dissemination Agent "), as follows: 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Continuing Disclosure Agreement. 2. Annual Report. Accompanying this Annual Report Certificate is the Annual Report for the Fiscal Year ended 3. Compliance with Continuing Disclosure Agreement. The Annual Report is being delivered to the Dissemination Agent herewith not later than 270 days after the end of the Fiscal Year to which the Annual Report relates. The Annual Report contains, or includes by reference, Financial Information and Operating Data of the types identified in the Continuing Disclosure Certificate most recently delivered to the Dissemination Agent pursuant to Section 5 of the Continuing Disclosure Agreement. To the extent any such Financial Information or Operating Data is included in the Annual Report by reference, any document so referred to has been previously provided to the Repositories or filed with the SEC or, in the case of a reference to a Final Official Statement, has been filed with the MSRB. Such Financial Information and Operating Data have been prepared on the basis of the [Audited/Unaudited] Financial Statements. [Such Audited Financial Statements are included as part of the Annual Report.] [Because the Audited Financial Statements have not been approved by the Governing Body as of the date hereof, the Unaudited Financial Statements have been included as part of the Annual Report. The Unaudited Financial Statements have been prepared on a basis substantially consistent with such Audited Financial Statements. The Borrower shall deliver such Audited Financial Statements to the Dissemination Agent as soon as practicable after they have been approved by the Governing Body.] 10 IN WITNESS WHEREOF, the undersigned has executed and delivered this Annual Report Certificate to the Dissemination Agent, which has received such certificate and the Annual Report, all as of the day of the _ day of , Acknowledgment of Receipt: as Dissemination Agent By:_ Its: 11 By: Its: as Borrower EXHIBIT B Form of Section 5(a) Continuing Disclosure Certificate Florida League of Cities, Inc. 301 Bronough Street Tallahassee, Florida-33401 The undersigned duly authorized signatory of (the "Borrower ") hereby certifies on behalf of the Borrower pursuant to the Continuing Disclosure Agreement dated as of 1, 2006 (the "Continuing Disclosure Agreement ") executed and delivered by the Borrower and accepted by Florida League of Cities, Inc., as Dissemination Agent (the "Dissemination Agent "), as follows: 1. Definitions. Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Continuing Disclosure Agreement. 2. Purpose. The Borrower is delivering this Continuing Disclosure Certificate to the Dissemination Agent pursuant to Section 5(a) of the Continuing Disclosure Agreement. 3. Financial Information and Operating Data Included in Final Official Statement. The following types of Financial Information and Operating Data were included in the Final Official Statement for the Bonds and are to be included in the Annual Report: (a) Financial Information (b) Operating Data 4. Annual Report. Until such time as the Borrower delivers a revised Continuing Disclosure Certificate and an opinion of disclosure counsel to the Dissemination Agent pursuant to Section 5 of the Continuing Disclosure Agreement, the Financial Information and Operating Data of the types identified in paragraph 3 of this certificate shall be included in the Annual Reports delivered by the Dissemination Agent pursuant to Section 4 of the Continuing Disclosure Agreement. 12 IN WITNESS WHEREOF, the undersigned has executed and delivered this Continuing Disclosure Certificate to the Dissemination Agent, which has received the same, all as of the 1 st day of 12005. Acknowledgment of Receipt: Florida League of Cities, Inc., as Dissemination Agent By: Its: Its: 13 as Borrower Exhibit B FORM OF LOAN AGREEMENT By and Between FLORIDA MUNICIPAL LOAN COUNCIL and CITY OF , FLORIDA Dated as of 1, 2006 FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 2006 This Instrument Prepared By: Grace E. Dunlap, Esq. Bryant Miller Olive One Tampa City Center, Suite 2700 Tampa, Florida 33602 and JoLinda Herring, Esq. Bryant Miller Olive One Biscayne Tower 2 South Biscayne Blvd., Suite 1480 Miami, Florida 33131 TABLE OF CONTENTS Page ARTICLEI - DEFINITIONS ........................................................................................ ..............................2 ARTICLE II - REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER AND COUNCIL ..................................................... .............................10 SECTION 2.01. Representations, Warranties and Covenants ................. .............................10 SECTION2.02. Covenants of Borrower ..................................................... .............................13 ARTICLEIII - THE LOAN ......................................................................................... .............................17 SECTION 3.01. The Loan .............................................................................. .............................17 SECTION 3.02. Evidence of Loan ................................................................ .............................17 ARTICLE IV - LOAN TERM AND LOAN CLOSING REQUIREMENTS .......... .............................18 SECTION 4.01. Commencement of Loan Term ........................................ .............................18 SECTION 4.02. Termination of Loan Term ............................................... .............................18 SECTION 4.03. Loan Closing Submissions ................................................ .............................18 ARTICLE V - LOAN REPAYMENTS ....................................................................... .............................20 SECTION 5.01. Payment of Basic Payments .............................................. .............................20 SECTION 5.02. Payment of Surety Bond Costs ......................... .............................. ............20 SECTION 5.03. Payment of Additional Payments ................................... .............................20 SECTION 5.04. Interest Earnings or Investment Losses and Excess Payments ................22 SECTION 5.05. Obligations of Borrower Unconditional ......................... .............................22 SECTION5.06. Refunding Bonds ............................................................... .............................22 SECTION5.07. Prepayment ......................................................................... .............................22 ARTICLEVI - DEFEASANCE ................................................................................... .............................23 ARTICLE VII - ASSIGNMENT AND PAYMENT BY THIRD PARTIES ............. .............................24 SECTION 7.01. Assignment by Council ..................................................... .............................24 SECTION 7.02. Assignment by Borrower .................................................. .............................24 SECTION 7.03. Payments by the Bond Insurer ......................................... .............................24 SECTION 7.04. Payments by the Surety Bond Provider .......................... .............................24 ARTICLE VIII - EVENTS OF DEFAULT AND REMEDIES .................................. .............................25 SECTION 8.01. Events of Default Defined ................................................ .............................25 SECTION 8.02. Notice of Default ................................................................ .............................26 SECTION 8.03. Remedies on Default ....................................................... ............................... 26 SECTION8.04. [Reserved] ........................................................................... .............................27 SECTION 8.05. No Remedy Exclusive; Waiver, Notice ........................... .............................27 SECTION 8.06. Application of Moneys ...................................................... .............................27 ARTICLE D(- MISCELLANEOUS ............................................................................ .............................28 i SECTION9.01. Notices ................................................................................. .............................28 SECTION 9.02. Binding Effect ..................................................................... .............................28 SECTION 9.03. Severability ......................................................................... .............................28 SECTION 9.04. Amendments, Changes and Modifications .................... .............................28 SECTION 9.05. Execution in Counterparts ................................................ .............................29 SECTION 9.06. Applicable Law .................................................................. .............................29 SECTION 9.07. Benefit of Bondholders; Compliance with Indenture ... .............................29 SECTION 9.08. Consents and Approvals .................................................. .............................29 SECTION 9.09. Immunity of Officers, Employees and Members of Council and Borrower...................................................................... ............................... 29 SECTION9.10. Captions .............................................................................. .............................29 SECTION 9.11. No Pecuniary Liability of Council ................................... .............................29 SECTION 9.12. Payments Due on Holidays .............................................. .............................30 SECTION9.13. Calculations ........................................................................ .............................30 SECTION 9.14. Time of Payment ................................................................ .............................30 EXHIBIT A USE OF LOAN PROCEEDS EXHIBIT B CERTIFIED ORDINANCE OF BORROWER EXHIBIT C OPINION OF BORROWER'S COUNSEL EXHIBIT D DEBT SERVICE SCHEDULE EXHIBIT E FORM OF REQUISITION CERTIFICATE ii LOAN AGREEMENT This Loan Agreement (the "Loan Agreement" or the "Agreement ") dated as of 1, 2006 and entered into between the FLORIDA MUNICIPAL LOAN COUNCIL (the "Council "), a separate legal entity and public body corporate and politic duly created and existing under the Constitution and laws of the State of Florida, and the CITY OF FLORIDA (the "Borrower "), a duly constituted municipality under the laws of the State of Florida. WITNESSETH: WHEREAS, pursuant to the authority of the hereinafter defined Act, the Council desires to loan to the Borrower the amount necessary to enable the Borrower to finance, refinance or reimburse the cost of the Projects, as hereinafter defined, and the Borrower desires to borrow such amount from the Council subject to the terms and conditions of and for the purposes set forth in this Agreement; and WHEREAS, the Council is a separate legal entity and public body corporate and politic duly created and existing under the laws of the State of Florida organized and existing under and by virtue of the Interlocal Agreement among initially, the City of DeLand, Florida, the City of Rockledge, Florida and the City of Stuart, Florida, as amended and supplemented, together with the additional governmental entities who become members of the Council, in accordance with Chapter 163, Part I, Florida Statutes, as amended (the " Interlocal Act "); and WHEREAS, the Council has determined that there is substantial need within the State for a financing program (the "Program ") which will provide funds for qualifying projects (the "Projects ") for the participating Borrowers; and WHEREAS, the Council is authorized under the Interlocal Act to issue its revenue bonds to provide funds for such purposes; and WHEREAS, the Council has determined that the public interest will best be served and that the purposes of the Interlocal Act can be more advantageously obtained by the Council's issuance of revenue bonds in order to loan funds to the Borrowers to finance Projects; and WHEREAS, the Borrower is authorized under and pursuant to the Act, as amended, to enter into this Loan Agreement for the purposes set forth herein; and WHEREAS, the Council and the Borrower have determined that the lending of funds by the Council to the Borrower pursuant to the terms of this Agreement and that certain Trust Indenture dated as of 1, 2006, between the Council and the Trustee (as defined herein) relating to the Bonds (as hereinafter defined), including any amendments and supplements thereto (the "Indenture "), will assist in the development and maintenance of the public welfare of the residents of the State and the areas served by the Borrower, and shall serve a public purpose by improving the health and living conditions, and providing adequate governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs in the State; and WHEREAS, neither the Council, the Borrower nor the State or any political subdivision thereof (other than each Borrower to the extent of their obligations under their respective Loan Agreements only), shall in any way be obligated to pay the principal of, premium, if any, or interest on those certain revenue bonds of the Council designated "Florida Municipal Loan Council Revenue Bonds, Series 2006" (the 'Bonds') as the same shall become due, and the issuance of the Bonds shall not directly, indirectly or contingently obligate the Borrower, the State or any political subdivision or municipal corporation thereof to levy or pledge any form of ad valorem taxation for their payment but shall be payable solely from the funds and revenues pledged under and pursuant to this Agreement and the Indenture. NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS Unless the context or use indicates another meaning or intent, the following words and terms as used in this Loan Agreement shall have the following meanings, and any other hereinafter defined, shall have the meanings as therein defined. "Accountant" or "Accountants' means an independent certified public accountant or a firm of independent certified public accountants. "Accounts" means the accounts created pursuant to Section 4.02 of the Indenture. "Act" means, collectively, to the extent applicable to .the Borrower, Chapter 163, Part I, Florida Statutes, Chapter 166, Part H, Florida Statutes, and Chapter 125, Part I, as amended, and all other applicable provisions of law. "Additional Payments" means payments required by Section 5.03 hereof. "Alternate Surety Bond" means any letter of credit or surety bond obtained to replace the Surety Bond then in effect pursuant to the Indenture. "Alternate Surety Bond Provider" means any provider of an Alternate Surety Bond. 2 "Arbitrage Regulations" means the income tax regulations promulgated, proposed or applicable pursuant to Section 148 of the Code as the same may be amended or supplemented or proposed to be amended or supplemented from time to time. "Authorized Representative" means, when used pertaining to the Council, the Chairman of the Council and such other designated members, agents or representatives as may hereafter be selected by Council resolution; and, when used with reference to a Borrower which is a municipality, means the person performing the functions of the Mayor or Deputy, Acting or Vice Mayor thereof or other officer authorized to exercise the powers and performs the duties of the Mayor; and, when used with reference to a Borrower which is a County means the person performing the function of the Chairman or Vice Chairman of the Board of County Commissioners of such Borrower; and, when used with reference to an act or document, also means any other person authorized by resolution to perform such act or sign such document. "Basic Payments" means the payments denominated as such in Section 5.01 hereof. "Board" means the governing body of the Borrower. "Bond Counsel" means Bryant Miller Olive, Tampa, Florida or any other nationally recognized bond counsel "Bondholder" or "Holder" or "holder of Bonds" or "Owner" or "owner of Bonds" whenever used herein with respect to a Bond, means the person in whose name such Bond is registered. "Bond Insurance means the insurance policy of the Bond Insurer which insures payment of the principal of and interest on the Bonds when due. "Bond Insurance Premium" means the premiums payable to the Bond Insurer for the Bond Insurance. "Bond Insurer" means and any successors thereto. "Bonds" means the $ Florida Municipal Loan Council Revenue Bonds, Series 2006 issued pursuant to Article 11 of the Indenture. "Bond Year" means a 12 -month period beginning on 2 and ending on and including the following 1, except for the first period which begins on , 2006. "Borrower" means the governmental unit which is described in the first paragraph and on the cover page of this Loan Agreement and which is borrowing and using the Loan proceeds 3 to finance, refinance and /or be reimbursed for, all or a portion of the costs of one or more Projects. "Borrowers" means, collectively, the Borrower executing this Loan Agreement and the other governmental units which have received loans from the Council made from proceeds of the Bonds. "Business Day" means any day of the year which is not a Saturday or Sunday or a day on which banking institutions located in New York City or the State are required or authorized to remain closed or on which the New York Stock Exchange is closed. "Certificate," "Statement," "Request," 'Requisition" and "Order" of the Council mean, respectively, a written certificate, statement, request, requisition or order signed in the name of the Council by its Chairman, Program Administrator or such other person as may be designated and authorized to sign for the Council. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. "Closing" means the closing of a Loan pursuant to the Indenture and this Agreement. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated, proposed or applicable thereunder. "Commencement Date" means the date when the term of this Agreement begins and the obligation of the Borrower to make Loan Repayments accrues. "Council" means the Florida Municipal Loan Council. "Cost" means "Cost" as defined in the Act. "Cost of Issuance Fund" means the fund by that name established pursuant to Section 4.02 of the Indenture. "Counsel" means an attorney duly admitted to practice law before the highest court of any state and, without limitation, may include legal counsel for either the Council or the Borrowers. "Default" means an event or condition the occurrence of which would, with the lapse of time or the giving of notice or both, become an Event of Default. "Event of Default" shall have the meaning ascribed to such term in Section 8.01 of this Agreement. 4 "Financial Newspaper" or "Journal" means The Wall Street Journal or The Bond Buyer or any other newspaper or journal containing financial news, printed in the English language, customarily published on each Business Day and circulated in New York, New York, and selected by the Trustee, whose decision shall be final and conclusive. "Fiscal Year" means the fiscal year of the Borrower. "Fitch" means Fitch Ratings, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns and if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Fitch" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Council, with approval of the Bond Insurer, by notice to the Trustee. "Franchise Fees" means the amounts, revenues, and fees paid by Florida Power & Light Company to the Borrower pursuant to and in accordance with Ordinance 2006 -021 of the Borrower enacted June 20, 2006 and the Franchise Agreement dated as of , 2006. "Funds" means the funds created pursuant to Section 4.02 of the Indenture. "Governmental Obligations" means (i) direct and general obligations of the United States of America, or those which are unconditionally guaranteed as to principal and interest by the same, including interest on obligations of the Resolution Funding Corporation and (ii) pre - refunded municipal obligations meeting the following criteria: (a) the municipal obligations may not be callable prior to maturity or, alternatively, the trustee has received irrevocable instructions concerning their calling and redemption; (b) the municipal obligations are secured by cash or securities described in subparagraph (i) above (the "Defeasance Obligations "), which cash or Defeasance Obligations may be applied only to interest, principal, and premium payments of such municipal obligations; (c) the principal and interest of the Defeasance Obligations (plus any cash in the fund) are sufficient to meet the liabilities of the municipal obligations; (d) the Defeasance Obligations serving as security for the municipal obligations must be held by an escrow agent or a trustee; and (e) the Defeasance Obligations are not available to satisfy any other claims, including those against the Trustee or escrow agent. 5 Additionally, evidences of ownership of proportionate interests in future interest and principal payments of Defeasance Obligations are permissible. Investments in these proportionate interests are limited to circumstances wherein (a) a bank or trust company acts as custodian and holds the underlying obligations; (b) the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor of the underlying obligations; and (c) the underlying obligations are held in a special account separate and apart from the custodian's general assets, and are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated. "Indenture" means the Trust Indenture dated as of 1, 2006 between the Council and the Trustee, including any indentures supplemental thereto, pursuant to which (i) the Bonds are authorized to be issued and (ii) the Council's interest in the Trust Estate is pledged as security for the payment of principal of, premium, if any, and interest on the Bonds. "Interest Payment Date" means 1 and 1 of each year, commencing 1, 2006. "Interest Period" means the semi- annual period between Interest Payment Dates. "Interlocal Act" means Chapter 163, Part I, Florida Statutes. "Interlocal Agreement" means that certain Interlocal Agreement originally dated as of December 1, 1998, initially among the City of Stuart, Florida, the City of Rockledge, Florida and the City of DeLand, Florida, together with the additional governmental entities who become members of the Council, all as amended and supplemented from time to time. "Liquidation Proceeds" means amounts received by the Trustee or the Council in connection with the enforcement of any of the remedies under this Loan Agreement after the occurrence of an "Event of Default" under this Loan Agreement which has not been waived or cured. "Loan" means the Loan made to the Borrower from Bond proceeds to finance certain Project(s) in the amount specified in Section 3.01 herein. "Loans" means all loans made by the Council under the Indenture to the Borrowers. "Loan Agreement" or "Loan Agreements" means this Loan Agreement and any amendments and supplements hereto. "Loan Repayment Date" means , 2006, and thereafter each and or if such day is not a Business Day, the next preceding Business Day. "Loan Repayments" means the payments of principal and interest and other payments payable by the Borrower pursuant to the provisions of this Loan Agreement, including, without limitation, Additional Payments. "Loan Term" means the term provided for in Article IV of this Loan Agreement. " Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, " Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the Council, with the approval of the Bond Insurer, by notice to the Trustee. [ "Non -Ad Valorem Revenues" means all revenues and taxes of the Borrower derived from any source whatever other than ad valorem taxation on real and personal property, which are legally available for Loan Repayments.] "Opinion of Bond Counsel" means an opinion by Bond Counsel which is selected by the Council and acceptable to the Trustee. "Opinion of Counsel" means an opinion in writing of a legal counsel, who may, but need not be, counsel to the Council, a Borrower or the Trustee. "Outstanding Bonds" or "Bonds Outstanding" means all Bonds which have been authenticated and delivered by the Trustee under the Indenture, except: (a) Bonds canceled after purchase in the open market or because of payment at or redemption prior to maturity; (b) Bonds deemed paid under Article IX of the Indenture; and (c) Bonds in lieu of which other Bonds have been authenticated under Section 2.06, 2.07 or 2.09 of the Indenture. "Person" means an individual, a corporation, a partnership, an association, a trust or any other entity or organization including a government or political subdivision or an agency or instrumentality thereof. "Pledged Revenues" means the Franchise Fees. "Principal Fund" means the fund by that name created by Section 4.02 of the Indenture. "Principal Payment Date" means the maturity date or mandatory redemption date of any 7 "Program" means the Council's program of making Loans under the Act and pursuant to the Indenture. "Program Administrator" means the Florida League of Cities, Inc., a non -profit Florida corporation. "Project" or "Projects" means a governmental undertaking approved by the governing body of a Borrower for a public purpose, including the refinancing of any indebtedness. "Project Loan Fund" means the fund by that name established pursuant to Section 4.02 of the Indenture. "Proportionate Share" means, with respect to any Borrower, a fraction the numerator of which is the outstanding principal amount of the Loan of such Borrower made from proceeds of the Bonds and the denominator of which is the outstanding principal amount of all Loans made from proceeds of the Bonds and then outstanding. "Purchase Price" means the purchase price of one or more items of a Project payable by a Borrower to the seller of such items. "Redemption Price" means, with respect to any Bond (or portion thereof), the principal amount of such Bond (or portion) plus the applicable premium, if any, payable upon redemption pursuant to the provisions of such Bond and the Indenture. "Reserve Fund" means the fund by that name created by Section 4.02 of the Indenture. "Revenue Fund" means the fund by that name created by Section 4.02 of the Indenture. "Revenues" means all Loan Repayments paid to the Trustee for the. respective accounts of the Borrowers for deposit in the Principal Fund and Revenue Fund to pay principal of, premium, if any, and interest on the Bonds upon redemption, at maturity or upon acceleration of maturity, or to pay interest on the Bonds when due, and all receipts of the Trustee credited to the Borrower under the provisions of this Loan Agreement. "S &P" means Standard & Poor's, a division of the McGraw -Hill Companies, Inc., a corporation organized and existing under the laws of the State of New York, its successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "S &P" shall be deemed to refer to any other nationally recognized securities rating agency designated by the . Council, with the approval of the Bond Insurer, by notice to the Trustee. 9 "Special Record Date" means the date established pursuant to Section 9.05 of the Indenture as a record date for the payment of defaulted interest, if any, on the Bonds. "State" means the State of Florida. "Supplemental Indenture" means any indenture hereafter duly authorized and entered into between the Council and the Trustee, supplementing, modifying or amending the Indenture, but only if and to the extent that such Supplemental Indenture is specifically authorized in the Indenture. "Surety Bond" means the surety bond issued by the Surety Bond Provider guaranteeing certain payments into the Reserve Fund with respect to the Bonds and any other series of the Council's bonds or any Alternate Surety Bond. "Surety Bond Provider" means any Alternate Surety Bond Provider. and any successors thereto or "Trust Estate" means the property, rights, Revenues and other assets pledged and assigned to the Trustee pursuant to the Granting Clauses of the Indenture. "Trustee" means under the Indenture. Oj as Trustee, or any successor thereto ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER AND COUNCIL SECTION 2.01. Representations, Warranties and Covenants. The Borrower and the Council represent, warrant and covenant on the date hereof for the benefit of the Trustee, the Borrower, the Bond Insurer and Bondholders, as applicable, as follows: (a) Organization and Authority. The Borrower: (1) is a duly organized and validly existing municipality of the State and is a duly organized and validly existing Borrower; and (2) has all requisite power and authority to own and operate its properties and to carry on its activities as now conducted and as presently proposed to be conducted. (b) Full Disclosure. There is no fact that the Borrower knows of which has not been specifically disclosed in writing to the Council and the Bond Insurer that materially and adversely affects or, except for pending or proposed legislation or regulations that are a matter of general public information affecting State of Florida municipalities generally, that will materially affect adversely the properties, activities, prospects or condition (financial or otherwise) of the Borrower or the ability of the Borrower to perform its obligations under this Agreement. The financial statements, including balance sheets, and any other written statement furnished by the Borrower to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein or herein not misleading. There is no fact known to the Borrower which the Borrower has not disclosed to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer in writing which materially affects adversely or is likely to materially affect adversely the financial condition of the Borrower, or its ability to make the payments under this Agreement when and as the same become due and payable. (c) Pending Litigati on. To the knowledge of the Borrower there are no proceedings pending, or to the knowledge of the Borrower threatened, against or affecting the Borrower, except as specifically described in writing to the Council, Banc of America Securities LLC, as underwriter of the Bonds and the Bond Insurer, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially and adversely affect the properties, prospects or condition (financial or otherwise) of the Borrower, 10 or the existence or powers or ability of the Borrower to enter into and perform its obligations under this Agreement. (d) Borrowing Legal and Authorized. The execution and delivery of this Agreement and the consummation of the transactions provided for in this Agreement and compliance by the Borrower with the provisions of this Agreement: (1) are within the powers of'the Borrower and have been duly and effectively authorized by all necessary action on the part of the Borrower; and (2) do not and will not (i) conflict with or result in any material breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Borrower pursuant to any indenture, loan agreement or other agreement or instrument (other than this Agreement) or restriction to which the Borrower is a party or by which the Borrower, its properties or operations are bound as of the date of this Agreement or (ii) with the giving of notice or the passage of time or both, constitute a breach or default or so result in the creation or imposition of any lien, charge or encumbrance, which breach, default, lien, charge or encumbrance (described in (i) or (ii)) could materially and adversely affect the validity or the enforceability of this Agreement or the Borrower's ability to perform fully its obligations under this Agreement; nor does such action result in any violation of the provisions of the Act, or any laws, ordinances, governmental rules or regulations or court orders to which the Borrower, its properties or operations may be bound. (e) No Defaults. No event has occurred and no condition exists that constitutes an Event of Default, or which, upon the execution and delivery of this Agreement and /or the passage of time or giving of notice or both, would constitute an Event of Default. The Borrower is not in violation in any material respect, and has not received notice of any claimed violation (except such violations as (i) heretofore have been specifically disclosed in writing to, and have been in writing specifically consented to by the Council and the Bond Insurer and (ii) do not, and shall not, have any material adverse effect on the transactions herein contemplated and the compliance by the Borrower with the terms hereof), of any terms of any agreement or other instrument to which it is a party or by which it, its properties or operations may be bound, which may materially adversely affect the ability of the Borrower to perform hereunder. (f) Governmental Consent. The Borrower has obtained, or expects to obtain when required, all permits, approvals and findings of non - reviewability required as of the date hereof by any governmental body or officer for the acquisition and /or installation of the Project, including construction and renovation work, the financing or refinancing thereof or the reimbursement of the Borrower therefor, or the use of such Project; the Borrower has complied with or will comply with all applicable provisions of law requiring any notification, declaration, filing or registration with any agency or other governmental body or officer in connection with the acquisition or installation of the Project, including construction and renovation work 11 necessary for such installation, financing or refinancing thereof or reimbursement of the Borrower therefor; and any such action, construction, installation, financing, refinancing or reimbursement contemplated in this Loan Agreement is consistent with, and does not violate or conflict with, the terms of any such agency or other governmental consent, order or other action which is applicable thereto. No further consent, approval or authorization of, or filing, registration or qualification with, any governmental authority is required on the part of the Borrower as a condition to the execution and delivery of this Loan Agreement, or to amounts becoming outstanding hereunder. (g) Compliance with Law. The Borrower is in compliance with all laws, ordinances, governmental rules and regulations to which it is subject and which are material to its properties, operations, finances or status as a municipal corporation or subdivision of the State. (h) Use of Proceeds. (1) The Borrower will apply the proceeds of the Loan from the Council solely for the financing for the cost of the Projects as set forth in Exhibit A hereto. If any component of the Project listed in Exhibit A is not paid for out of the proceeds of the Loan at the Closing of the Loan, Borrower shall, as quickly as reasonably possible, with due diligence, and in any event prior to , 2009, use the remainder of the amounts listed in Exhibit A and any investment earnings thereon to pay the cost of the Project, provided that, such time limit may be extended by the written consent of the Council with notice to the Trustee, and provided further that Borrower may amend Exhibit A without the consent of the Council or the Trustee (but with notice thereto) but with a favorable opinion of Bond Counsel (to the effect that such an amendment and the completion of the revised Project will not adversely affect the validity or tax - exempt status of the Bonds) regarding the amended Exhibit A, to provide for the financing of a different or additional Project if Borrower, after the date hereof, deems it to not be in the interest of Borrower to acquire or construct any item of such Project or the cost'of the Project proves to be less than the amounts listed on Exhibit A and the investment earnings thereon. Notwithstanding the foregoing all such proceeds shall be expended prior to 2009. Borrower will provide the Trustee with a requisition in the form of the requisition attached hereto as Exhibit E for the expenditure of the remaining amounts of the Loan in the Project Loan Fund. (2) Items of cost of the Project which may be financed include all reasonable or necessary direct or indirect costs of or incidental to the acquisition, construction or installation of the Project, including operational expenses during this construction period which would qualify for capitalization under generally accepted accounting principles, the incidental costs of placing the same in use and financing expenses (including the application or origination fees, if any, of the Bond Insurer and the Council and Borrower's Counsel fees), but not operating expenses. 12 (3) Borrower understands that the actual Loan proceeds received by it are less than the sum of the face amount of the Loan Agreement plus the reoffering premium in an amount equal to a discount as described in Section 3.01 hereof. Borrower will accordingly be responsible for repaying, through the Basic Payments portion of its Loan Repayments, the portion of the Bonds issued to fund only its Loan including the portion issued to fund the underwriting discount, original issue discount and other fees and costs of issuing the Bonds. (4) The Borrower covenants that it will make no use of the proceeds of the Bonds which are in its control at any time during the term of the Bonds which would cause such Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code. (5) The Borrower, by the Trustee's acceptance of the Indenture, covenants that the Borrower shall neither take any action nor fail to take any action or to the extent that it may do so, permit any other party to take any action which, if either taken or not taken, would adversely affect the exclusion from gross income for Federal income tax purposes of interest on the Bonds. (i) Project. All items constituting the Project are permitted to be financed with the proceeds of the Bonds and the Loan pursuant to the Act. (j) Compliance with Interlocal Act and Interlocal Agreement. All agreements and transactions provided for herein or contemplated hereby are in full compliance with the terms of the Interlocal Agreement and the Interlocal Act. (k) Enforcement of Franchise Agreement. The Borrower hereby covenants, that as long as the Loan is outstanding, it will not undertake any actions which would impair or adversely effect its right to receive the Pledged Revenues under the terms of the Franchise Agreement. The Borrower will proceed diligently to perform legally and effectively all steps required on its part to comply with the Franchise Agreement. SECTION 2.02. Covenants of Borrower. The Borrower makes the following covenants and representations as of the date first above written and such covenants shall continue in full force and effect during the Loan Term: (a) Security for Loan Repayment. The Borrower agrees to pay when due under this Loan Agreement as promptly as money becomes available to the Trustee for deposit directly into the appropriate Fund or Account created in the Indenture, amounts of Pledged Revenues of the Borrower sufficient to satisfy the Loan Repayment as required under this Loan Agreement. The Borrower does hereby irrevocably pledge the Pledged Revenues to the payment of the Loan Repayments. 13 (b) Delivery of Information to the Bond Insurer. Borrower shall deliver to the Bond Insurer and the Council as soon as available and in any event within 270 days after the end of each Fiscal Year an audited statement of its financial position as of the end of such Fiscal Year and the related statements of revenues and expenses, fund balances and changes in fund balances for such Fiscal Year, all reported by an independent certified public accountant, whose report shall state that such financial statements present fairly Borrower's financial position as of the end of such Fiscal Year and the results of operations and changes in financial position for such Fiscal Year. (c) Information. Borrower's chief financial officer shall, at the reasonable request of the Bond Insurer, discuss Borrower's financial matters with the Bond Insurer or their designee and provide the Bond Insurer with copies of any documents reasonably requested by the Bond Insurer or its designee unless such documents or material are protected or privileged from disclosure under applicable Florida law. (d) [Reserved]. (e) Further Assurance. The Borrower shall execute and deliver to the Trustee all, such documents and instruments and do all such other acts and things as may be reasonably necessary to enable the Trustee to exercise and enforce its rights under this Loan Agreement and to realize thereon, and record and file and re- record and re -file all such documents and instruments, at such time or times, in such manner and at such place or places, all as may be reasonably necessary or required by the Trustee to validate, preserve and protect the position of the Trustee under this Loan Agreement. (f) Keeping of Records and Books of Account. The Borrower shall keep or cause to be kept proper records and books of account, in which correct and complete entries will be made in accordance with generally accepted accounting principles, consistently applied (except for changes concurred in by the Borrower's independent auditors) reflecting all of its financial transactions. (g) Payment of Taxes, Etc. The Borrower shall pay all legally contracted obligations when due and shall pay all taxes, assessments and governmental charges or levies imposed upon it or upon its income or profits, or. upon any properties belonging to it, prior to the date on which penalties attach thereto, and all lawful claims, which, if unpaid, might become alien or charge upon any of its properties, provided that it shall not be required to pay any such tax, assessment, charge, levy or claim which is being contested in good faith and by appropriate proceedings, which shall operate to stay the enforcement thereof. (h) Compliance with Laws, Etc. Subject to an annual appropriation of legally available funds, the Borrower shall comply with the requirements of all applicable laws, the terms of all grants, rules, regulations and lawful orders of any governmental authority, non- compliance with which would, singularly or in the aggregate, materially adversely affect its 14 business, properties, earnings, prospects or credit, unless the same shall be contested by it in good faith and by appropriate proceedings which shall operate to stay the enforcement thereof. (i) Tax - exempt Status of Bonds. The Council and the Borrower understand that it is the intention hereof that the interest on the Bonds not be included within the gross income of the holders thereof for federal income tax purposes. In furtherance thereof, the Borrower and the Council each agree that they will take all action within their control which is necessary in order for the interest on the Bonds or this Loan to remain excluded from gross income for federal income taxation purposes and shall refrain from taking any action which results in such interest becoming included in gross income. The Borrower and the Council further covenant that, to the extent they have control over the proceeds of the Bonds, they will not take any action or fail to take any action with respect to the investment of the proceeds of any Bonds, with respect to the payments derived from the Bonds or hereunder or with respect to the issuance of other Council obligations, which action or failure to act may cause the Bonds to be "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code and the regulations promulgated thereunder. In furtherance of the covenant contained in the preceding sentence, the Borrower and the Council agree to comply with the Tax Certificate as to Arbitrage and the provisions of Section 141 through 150 of the Internal Revenue Code of 1986, as amended, including the letter of instruction attached as an Exhibit to the Tax Certificate, delivered by Bryant Miller Olive to the Borrower and the Council simultaneously with the issuance of the Bonds, as such letter may be amended from time to time, as a source of guidelines for achieving compliance with the Code. 0) Information Reports. The Borrower covenants to provide the Council with all material and information it possesses or has the ability to possess necessary to enable the Council to file all reports required under Section 149(e) of the Code to assure that interest paid by the Council on the Bonds shall, for purposes of the federal income tax, be excluded from gross income. (k) Limited Obligations. tions. Anything in this Loan Agreement to the contrary notwithstanding, it is understood and agreed that all obligations of the Borrower hereunder shall be payable only from Pledged Revenues and nothing herein shall be deemed to pledge ad valorem taxation revenues or to permit or constitute a mortgage or lien upon any assets or property owned by the Borrower and no Bondholder or any other person, including the Council, the Trustee or the Bond Insurer, may compel the levy of ad valorem taxes on real or personal property within the boundaries of the Borrower. The obligations hereunder do not constitute an indebtedness of the Borrower within the meaning of any constitutional, statutory or charter provision or limitation, and neither the Trustee, the Council, the Bond Insurer, or the Bondholders or any other person shall have the right to compel the exercise of the ad valorem taxing power of the Borrower or taxation of any real or personal property therein for the payment by the Borrower of its obligations hereunder. It is the intent of the parties hereto and they do hereby covenant and agree, that the liability of the Borrower hereunder is a several 15 liability of the Borrower expressly limited to the Loan Repayments and the Borrower shall have no joint liability with any other Borrower or the Council for any of their respective liabilities, except to the extent expressly provided hereunder. (1) Reporting Requirements. (i) The Borrower will file or cause to be filed with the Bond Insurer and with the Council any official statement issued by, or on behalf of, the Borrower in connection with the incurrence of any additional indebtedness by the Borrower. Such official statements shall be filed within sixty (60) days after the publication thereof. (ii) The Borrower agrees to provide not later than December 31 of each year, a certificate of its Chief Financial Officer stating that to the best of its knowledge the Borrower is in compliance with the terms and conditions of this Loan Agreement, or, specifying the nature of any noncompliance and the remedial action taken or proposed to be taken to cure such noncompliance. (m) Covenant of Pledged Revenues. The Borrower hereby covenants, that as long as the Loan is outstanding, it will not impair or adversely effect its right to receive the Pledged Revenues. The Borrower will proceed diligently to perform legally and effectively all steps required on its part to collect and receive the Pledged Revenues. Further, the Pledged Revenues shall not be subject to repeal or impairment by any subsequent ordinance, resolution or other proceedings of the governing body of the Borrower. 16 ARTICLE III THE LOAN SECTION 3.01. The Loan. The Council hereby agrees to loan to the Borrower and the Borrower hereby agrees to borrow from the Council the sum of $ ($ par amount of Bonds plus $ reoffering premium). This amount includes an amount equal to % which reflect the Borrower's share of the cost of the initial issuance of the Bonds subject to the terms and conditions contained in this Loan Agreement and in the Indenture. The amounts advanced net of the cost of the initial issuance are to be used by the Borrower for the purposes of financing or refinancing the cost of, or receiving reimbursement for the equity in, the Projects in accordance with the provisions of this Loan Agreement. .SECTION 3.02. Evidence of Loan. The Borrower's obligation hereunder to repay amounts advanced pursuant to Section 3.01, together with interest thereon, and other payments required under this Loan Agreement, shall be evidenced by this Loan Agreement. 17 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. Commencement of Loan Term. The Borrower's obligations under this Loan Agreement shall commence on the date hereof unless otherwise provided in this Loan Agreement. SECTION 4.02. Termination of Loan Term. The Borrower's obligations under this Loan Agreement shall terminate after payment in full of all amounts due under this Loan Agreement and all amounts not theretofore paid shall be due and payable at the times and in the amounts set forth in Exhibit D attached hereto; provided, however, that all covenants and all obligations provided hereunder specified to so survive (including• the obligation of the Borrower to pay its share of the rebate obligations of the Council owed on the Bonds and agreed to by the Borrowers pursuant to Section 5.03(b)(7) hereof) shall survive the termination of this Loan Agreement and the payment in full of principal and interest hereunder. Upon termination of the Loan Term as provided above, the Council and the Trustee shall deliver, or cause to be delivered, to the Borrower an acknowledgment thereof. SECTION 4.03. Loan Closing Submissions. Concurrently with the execution and delivery of this Loan Agreement, the Borrower is providing to the Trustee the following documents each dated the date of such execution and delivery unless otherwise provided below: (a) Certified ordinance of the Borrower substantially in the form of Exhibit B attached hereto; (b) An opinion of the Borrower's Counsel in the form of Exhibit C attached hereto to the effect that the Loan Agreement is a valid and binding obligation of the Borrower and opining to such other matters as may be reasonably required by Bond Counsel, underwriter's counsel and the Bond Insurer and acceptable to Borrower's Counsel; (c) A certificate of the officials of the Borrower who sign this Loan Agreement to the effect that the representations and warranties of the Borrower are true and correct; (d) A certificate signed by the Authorized Representative of the Borrower, in form and substance satisfactory to Bond Counsel, stating (i) the estimated dates and the amounts of projected expenditures for the Project and (ii) that it is reasonably anticipated by the Borrower that the Loan proceeds will be fully advanced therefor and expended by the Borrower prior to . 2009, and that the projected expenditures are based on the reasonable expectations of the Borrower having due regard for its capital needs and the revenues available for the repayment thereof. 18 w. (e) This executed Loan Agreement; (f) An opinion (addressed to the Council, the Trustee, the Bond Insurer and the Borrower) of Bond Counsel to the effect that such financing, refinancing or reimbursement with Loan proceeds is permitted under the Act, the Indenture and the resolution authorizing this Loan Agreement and will not cause the interest on the Bonds to be included in gross income for purposes of federal income taxation or adversely affect the validity, due authorization for or legality of the Bonds; and (g) Such other certificates, documents, opinions and information as the Council, the Bond Insurer, the Trustee or Bond Counsel may require, such requirement to be evidenced (in the case of parties other than the Trustee) by written notice of such party to the Trustee of such requirement. All opinions and certificates shall be dated the date of the Closing. 19 ARTICLE V LOAN REPAYMENTS SECTION 5.01. Payment of Basic Payments. Borrower shall pay to the order of the Council all Loan Repayments in lawful money of the United States of America to the Trustee. No such Loan Repayment shall be in an amount such that interest on the Loan is in excess of the maximum rate allowed by the laws of the State of Florida or of the United States of America. The Loan shall be repaid in Basic Payments, consisting of: (a) principal in the amounts and on the dates set forth in Exhibit D; plus (b) interest calculated at the rates, in the amounts and on the dates set forth in Exhibit D; On or before the fifteenth (15th) day of the month immediately preceding each Interest Payment Date, the Trustee shall give Borrower notice in writing of the total amount of the next Basic Payment due. The Basic Payments shall be due on each and or if such day is not a Business Day, the next preceding Business Day (a "Loan Repayment Date "), commencing , 2006, and extending through , 20_, unless the due date of the Basic Payments is accelerated pursuant to the terms of Section 8.03 hereof. SECTION 5.02. Payment of Surety Bond Costs. The Borrower recognizes that the Surety Bond Provider has provided to the Council the Surety Bond for deposit to the Reserve Fund in lieu of a cash payment or deposit by the Borrower. The Surety Bond shall secure and satisfy the Reserve Requirement (as defined in the Indenture) and any other reserve requirement of bonds as listed on Annex A to the Surety Bond. The Borrower or any other borrower whose loan was funded with proceeds of a bond issue listed on Annex A to the Surety Bond, may draw on the Surety Bond in an amount equal to or less than the limit of the Surety Bond, all in accordance with Section 4.08 of the Indenture. The Borrower hereby agrees to pay to the Trustee an amount equal to the amount drawn by the Borrower (or on behalf of the Borrower) on the Surety Bond as set forth in subsection (c) of Section 5.03 hereof. Such Surety Bond may be replaced by an Alternate Surety Bond issued with respect to funding the reserve fund of subsequent bonds issued by the Council whose reserve fund shall be on a parity with the Bonds, all in accordance with Section 4.08 of the Indenture. SECTION 5.03. Payment of Additional Payments. In addition to Basic Payments, Borrower agrees to pay on demand of the Council or the Trustee, the following Additional Payments: (a) (i) Borrower's Proportionate Share of: the annual fees or expenses of the Council, if any, including the fees of any provider of arbitrage rebate calculations; the Bond Insurance Premium of the Bond Insurer (to the extent not previously paid from the Cost of Issuance Fund); the fees of the Program Administrator and the fees of the rating agencies (to the extent not previously paid from the Cost of Issuance Fund); and (ii) Borrower's equal share of the annual fees of the Trustee; annual fees of the Registrar and Paying Agent; and the Surety Bond premium of the Surety Bond Provider and any related fees in connection with the Surety Bond (to the extent not previously paid from the Cost of Issuance Fund). (b) All reasonable fees and expenses of the Council or Trustee relating to this Loan Agreement, including, but not limited to: (1) the cost of reproducing this Loan Agreement; (2) the reasonable fees and disbursements of Counsel utilized by the Council, the Trustee and the Bond Insurer in connection with the Loan, this Loan Agreement and the enforcement thereof; (3) reasonable extraordinary fees of the Trustee following an Event of Default hereunder; (4) all other reasonable out -of- pocket expenses of the Trustee and the Council in connection with the Loan, this Loan Agreement and the enforcement thereof; (5) all taxes (including any recording and filing fees) in connection with the execution and delivery of this Loan Agreement and the pledge and assignment of the Council's right, title and interest in and to the Loan and the Loan Agreement, pursuant to the Indenture (and with the exceptions noted therein), and all expenses, including reasonable attorneys' fees, relating to any amendments, waivers, consents or collection or enforcement proceedings pursuant to the provisions hereof; (6) all reasonable fees and expenses of the Bond Insurer relating directly to the Loan; and (7) the Borrower's share of any amounts owed to the United States of America as rebate obligations on the Bonds related to the_ Borrower's Loan, which obligation shall survive the termination of this Loan Agreement. (c) For repayment of the Surety Bond held by the Trustee an amount equal to any amount drawn by the Borrower (or on behalf of the Borrower) from the Surety Bond due to the Borrower's failure to pay its Basic Payments in accordance with Section 5.01 hereof, at the times and in the manner and together with interest and expense due thereon all as provided in Section 4.08(a) of the Indenture undertaken in order to reinstate the Surety Bond. The Borrower shall repay such amount drawn on the Surety Bond due to the Borrower's failure to pay its Basic Payments with the first available funds after payment of the current Loan Repayment. The Borrower shall repay only the amount drawn due to its failure to pay its Basic Payment. 21 SECTION 5.04. Interest Earnings or Investment Losses and Excess Payments. (a) On each Interest Payment Date the Trustee shall credit against Borrower's obligation to pay its Loan Repayments, Borrower's share of any interest earnings which were received during the prior Interest Period by the Trustee on the Funds and Accounts (except the Project Loan Fund) held under the Indenture, or shall increase the Borrower's obligation to pay its Loan Repayment, by Borrower's share of any investment losses which were incurred during the prior Interest Period on the Funds and Accounts (except the Project Loan Fund) held under the Indenture. (b) The credits provided for in (a) shall not be given to the extent the Borrower is in default in payment of its Loan Repayments. If past -due Loan Repayments are later collected from such defaulting Borrower, the amount of the missed credit shall, to the extent of the amount collected, be credited in proportion to the amount of credit missed, to the now non- defaulting Borrower from the past -due Loan Repayments. (c) The credits may be accumulated. If the credit allowable for an Interest Period is more than required on the next ensuing Interest Payment Date to satisfy the current Loan Repayment, it may be used on the following Interest Payment Date. SECTION 5.05. Obligations of Borrower Unconditional. Subject in all respects to the provisions of this Loan Agreement, including but not limited to Section 2.02(a) and (k) hereof, the obligations of Borrower to make the Loan Repayments required hereunder and to perform and observe the 'other agreements on its part contained herein, shall be absolute and unconditional, and shall not be abated, rebated, set -off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner or to any extent whatsoever, while any Bonds remain outstanding or any Loan Repayments remain unpaid, regardless of any contingency, act of God, event or cause whatsoever. This Loan Agreement shall be deemed and construed to be a "net contract," and Borrower shall pay absolutely net the Loan Repayments and all other payments required hereunder, regardless of any rights of set -off, recoupment, abatement or counterclaim that Borrower might otherwise have against the Council, the Trustee, the Bond Insurer or any other party or parties. SECTION 5.06. Refunding Bonds. In the event the Bonds are refunded, all references in this Loan Agreement to Bonds shall be deemed to refer to the refunding bonds. The Council agrees not to issue bonds or other debt obligations to refund the portion of the Bonds allocable to this Agreement without the prior written consent of the Authorized Representative of the Borrower. SECTION 5.07. Prepayment. The Loan may be prepaid in whole or in part by the Borrower on the dates and in the amounts on which the Bonds are subject to optional redemption and notice provisions pursuant to Section 3.01 of the Indenture. 22 ARTICLE VI DEFEASANCE This Loan Agreement shall continue to be obligatory and binding upon the Borrower in the performance of the obligations imposed by this Loan Agreement and the repayment of all sums due by the Borrower under this Loan Agreement shall continue to be secured by this Loan Agreement as provided herein until all of the indebtedness and all of the payments required to be made by the Borrower shall be fully paid to the Council, the Trustee or the Bond Insurer. Provided, however, if, at any time, the Borrower shall have paid, or shall have made provision for payment of, the principal amount of the Loan, interest thereon and redemption premiums, if any, with respect to the Bonds and shall have paid all amounts due pursuant to Section 5.03 hereof, then, and in that event, the covenant regarding the lien on the Pledged Revenues to the Council for the benefit of the holders of the Bonds shall be no longer in effect and all future obligations of the Borrower under this Loan Agreement shall cease. For purposes of the preceding sentence, deposit of sufficient cash and /or Governmental Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of the Council in respect to which such Governmental Obligations, the principal and interest received will be sufficient (as reflected in an accountants verification report provided to the Trustee by the Borrower) to make timely payment of the principal, interest and redemption premiums, if any, on the Outstanding Bonds, shall be considered "provision for payment." Nothing herein shall be deemed to require the Council to call any of the outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Council in determining whether to exercise any such option for early redemption. If the Borrower shall make advance payments to the Council in an amount sufficient to retire the Loan of the Borrower, including redemption premium and accrued interest to the next succeeding redemption date of the Bonds, all future obligations of the Borrower under this Loan Agreement shall cease, including the obligations under Section 5.03 hereof, except as provided in Section 4.02 hereof. However, prior to making such payments, the Borrower shall give at least 35 days notice by certified or registered mail to the Council. 23 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. Assignment by Council. The Borrower expressly acknowledges that this Loan Agreement and the obligations of the Borrower to make payments hereunder (with the exception of certain of the Council rights to indemnification, fees, notices and expenses), have been pledged and assigned to the Trustee as security for the Bonds under the Indenture, and that the Trustee shall be entitled to act hereunder and thereunder in the place and stead of the Council whether or not the Bonds are in default. SECTION 7.02. Assignment by Borrower. This Loan Agreement may not be assigned by the Borrower for any reason without the express prior written consent of the Council, the Bond Insurer and the Trustee. SECTION 7.03. Payments by the Bond Insurer. The Borrower acknowledges that payment under this Loan Agreement from funds received by the Trustee or Bondholders from the Bond Insurer do not constitute payment under this Loan Agreement for the purposes hereof or fulfillment of its obligations hereunder. SECTION 7.04. Payments by the Surety Bond Provider. The Borrower acknowledges that payment under this Loan Agreement from funds received by the Trustee or Bondholders from the Surety Bond Provider do not constitute payment under this Loan Agreement for the purposes hereof or fulfillment of its obligations hereunder. 24 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. Events of Default Defined. The following shall be "Events of Default" under this Loan Agreement and the terms 'Event of Default" and "Default" shall mean (except where the context clearly indicates otherwise), whenever they are used in this Loan Agreement, any one or more of the following events: (a) Failure by the Borrower to timely pay any Loan Repayment, when due, so long as the Bonds are outstanding; (b) Failure by the Borrower to timely pay any other payment required to be paid hereunder on the date on which it is due and payable, provided the Borrower has prior written notice of any such payments being due; (c) Failure by the Borrower to observe and perform any covenant, condition or agreement other than a failure under (a), on its part to be observed or performed under this Loan Agreement, for a period of thirty (30) days after notice of the failure, unless the Council, the Bond Insurer and the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice can be wholly cured within a period of time not materially detrimental to the rights of the Council, the Bond Insurer or the Trustee, but cannot be cured within the applicable 30 -day period, the Council, the Bond Insurer and the Trustee will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the failure is corrected; (d) Any warranty, representation or other statement by the Borrower or by an officer or agent of the Borrower contained in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement, is false or misleading in any material respect when made; (e) A petition is filed against the Borrower under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution. or liquidation law of any jurisdiction, whether now or hereafter in effect, and is not dismissed within 60 days of such filing; (f) The Borrower files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; 25 (g) The Borrower admits insolvency or bankruptcy or its inability to pay its debts as they become due or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Borrower or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 60 days; (h) Default under any agreement to which Borrower is a party evidencing, securing or otherwise respecting any indebtedness of the Borrower outstanding in the amount of $100,000 or more if, as a result thereof, such indebtedness may be declared immediately due and payable or other remedies may be exercised with respect thereto; (i) Any material provision of this Loan Agreement shall at any time for any reason cease to be valid and binding on the Borrower, or shall be declared to be null and void, or the validity or enforceability of this Loan Agreement shall be contested by the Borrower, or if the Borrower shall deny any further liability or obligation under this Loan Agreement; (j) Final judgment for the payment of money in the amount of $250,000 or more is rendered against Borrower, the payment of which would materially adversely affect the Borrower's ability to meet its obligations hereunder (it being agreed that, if insurance or adequate reserves are available to make such payment, such judgment would not materially affect the Borrower's ability to meet its obligations hereunder) and at any time after 90 days from the entry thereof, unless otherwise provided in the final judgment, (i) such judgment shall not have been discharged, or (ii) Borrower shall not have taken and be diligently prosecuting an appeal therefrom or from the order, decree or process upon which or pursuant to which such judgment shall have been granted or entered, and have caused the execution of or levy under such judgment, order, decree or process of the enforcement thereof to have been stayed pending determination of such appeal, provided that such execution and levy would materially adversely affect the Borrower's ability to meet its obligations hereunder; or (iii) Borrower is not obligated with respect to such judgment pursuant to the provisions of Chapter 768, Florida Statutes or other applicable law. SECTION 8.02. Notice of Default. The Borrower agrees to give the Trustee, the Bond Insurer and the Council prompt written notice if any petition, assignment, appointment or possession referred to in Section 8.01(e), 8.01(f) and 8.01(g) is filed by or against the Borrower or of the occurrence of any other event or condition which constitutes a Default or an Event of Default, or with the passage of time or the giving of notice would constitute an Event of Default, immediately upon becoming aware of the existence thereof. SECTION 8.03. Remedies on Default. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Council or the Trustee shall, with the written consent of the Bond Insurer or upon the direction of the Bond Insurer, in addition to any other remedies herein or by law provided, have the right, at its or their option 26 without any further demand or notice, to take such steps and exercise such remedies as provided in Section 9.02 of the Indenture, and, without limitation, one or more of the following: (a) Declare all Loan Repayments, in an amount equal to 100% of the principal amount thereof plus all accrued interest thereon to the date on which such Loan Repayments shall be used to redeem Bonds pursuant to Section 3.02 of the Indenture and all other amounts due hereunder, to be immediately due and payable, and upon notice to the Borrower the same shall become immediately due and payable by the Borrower without further notice or demand. (b) Take whatever other action at law or in equity which may appear necessary or desirable to collect amounts then due and thereafter to become due hereunder or to enforce any other of its or their rights hereunder. SECTION 8.04. [Reserved]. SECTION 8.05. No Remedy Exclusive, Waiver, Notice. No remedy herein conferred upon or reserved to the Council or the Trustee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Council or the Trustee to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice other than such notice as may be required in this Article VIII. SECTION 8.06. Application of Moneys. Any moneys collected by the Council or the Trustee pursuant to Section 8.03 hereof shall be applied (a) first, to pay any attorney's fees or other expenses owed by Borrower pursuant to Section 5.03(b)(3) and (4) hereof, (b) second, to pay interest due on the Loan, (c) third, to pay principal due on the Loan, (d) fourth, to pay any other amounts due hereunder, and (e) fifth, to pay interest and principal on the Loan and other amounts payable hereunder but which are not due, as they become due (in the same order, as to amounts which come due simultaneously, as in (a) through (d) in this Section 8.06). 27 ARTICLE IX MISCELLANEOUS SECTION 9.01. Notices. All notices, certificates or other communication hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: Council: Florida Municipal Loan Council c/o Florida League of Cities 301 South Bronough Street Tallahassee, Florida 32301 Bond Insurer: [TO COME] Trustee: [TO COME] Borrower: City of , Florida Attention: City Manager with a copy to: Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. SECTION 9.02. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the Council and the Borrower and their respective successors and assigns. SECTION 9.03. Severability. In the event any provision of the Loan Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 9.04. Amendments, Changes and Modifications. This Loan Agreement may be amended by the Council and the Borrower as provided in the Indenture; provided, however, that no such amendment shall be effective unless it shall have been consented to in writing by the Bond Insurer. 0.1 SECTION 9.05. Execution in Counterparts. This Loan Agreement may be simultaneously executed in several counterparts, each of which, when so executed and delivered, shall be an original and all of which shall constitute but one and the same instrument. SECTION 9.06. Applicable Law. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION 9.07. Benefit of Bondholders; Compliance with Indenture. This Loan Agreement is executed in part to induce the purchase by others of the Bonds. Accordingly, all covenants, agreements and representations on the part of the Borrower and the Council, as set forth in this Loan Agreement, are hereby declared to be for the benefit of the holders from time to time of the Bonds. The Borrower covenants and agrees to do all things within its power in order to comply with and to enable the Council to comply with all requirements and to fulfill and to enable the Council to fulfill all covenants of the Indenture. The Borrower also acknowledges that the Council has delegated certain of its duties under the Indenture to its Program Administrator, including the direction to make investments in accordance with Article VII thereof, including but not limited to the investment of the Borrower's Project Loan Fund. SECTION 9.08. Consents and Approvals. Whenever the written consent or approval of the Council shall be required under the provisions of this Loan Agreement, such consent or approval may be given by an Authorized Representative of the Council or such other additional persons provided by law or by rules, regulations or resolutions of the Council. SECTION 9.09. Immunity of Officers, Employees and Members of Council and Borrower. No recourse shall be had for the payment of the principal of or premium or interest hereunder or for any claim based thereon or upon any representation, obligation, covenant or agreement in this Loan Agreement against any past, present or future official officer, member, counsel, employee, director or agent, as such, of the Council or the Borrower, either directly or through the Council or the Borrower, or respectively, any successor public or private corporation thereto under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such officers, members, counsels, employees, directors or agents as such is hereby expressly waived and released as a condition of and consideration for the execution of this Loan Agreement. SECTION 9.10. Captions. The captions or headings in this Loan Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions of sections of this Loan Agreement. SECTION 9.11. No Pecuniary Liability of Council. No provision, covenant or agreement contained in this Loan Agreement, or any obligation herein imposed upon the Council, or the breach thereof, shall constitute an indebtedness or liability of the State or any political subdivision or municipal corporation of the State or any public corporation or 29 governmental agency existing under the laws thereof other than the Council. In making the agreements, provisions and covenants set forth in this Loan Agreement, the Council has not obligated itself except with respect to the application of the revenues, income and all other property as derived herefrom, as hereinabove provided. SECTION 9.12. Payments Due on Holidays. With the exception of Basic Payments, if the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than on a Business Day, such payments may be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement. SECTION 9.13. Calculations. Interest shall be computed on the basis of a 360 -day year of twelve 30 -day months. SECTION 9.14. Time of Payment. Any Loan Repayment or other payment hereunder which is received by the Trustee or Council after 2:00 p.m. (New York time) on any day shall be deemed received on the following Business Day. [Remainder of page intentionally left blank] ca IN WITNESS WHEREOF, the Florida Municipal Loan Council has caused this Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attested by its duly authorized officers and the City of , Florida, has caused this Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attached by its duly authorized officers. All of the above occurred as of the date first above written. FLORIDA MUNICIPAL LOAN COUNCIL (SEAL) By: Name: Title: Chairman ATTEST: By: Name: Michael Sittig Title: Executive Director [SIGNATURE PAGES CONTINUED ON NEXT PAGE] S -1 LOAN AGREEMENT (SEAL) ATTESTED BY: By: Name: Title: City Clerk Approved as to form and correctness this _ day of , 2006. By: Name: Title: City Attorney j: \wdox\ dots\ clients \4118 \ 16\ agrmnt\ 00073801.doc S-2 CITY OF , FLORIDA By: Name: Title: Mayor EXHIBIT A CITY OF , FLORIDA USE OF LOAN PROCEEDS DESCRIPTION OF PROJECT TO BE ACQUIRED OR CONSTRUCTED PROJECT Exhibit A -1 TOTAL AMOUNT TO BE FINANCED FOR ■II: M CERTIFIED ORDINANCE OF THE BORROWER See Document No. Exhibit B -1 EXHIBIT C OPINION OF BORROWER'S COUNSEL [Letterhead of Counsel to Borrower] Florida Municipal Loan Council c/o Florida League of Cities, Inc. 301 Bronough Street Tallahassee, Florida 32301 Bryant Miller Olive One Tampa City Center 201 North Franklin Street, Suite 2700 Tampa, Florida 33602 [INSURER] Gentlemen: , 2006 [TRUSTEE] Banc of America Securities LLC 1640 Gulf -to -Bay Boulevard Clearwater, Florida 33755 I am counsel to the City of Florida (the `Borrower "), and have been requested by the Borrower to give this opinion in connection with the loan by the Florida Municipal Loan Council (the "Council ") to the Borrower of funds to finance or refinance or reimburse the Borrower for all or a portion of the cost of a certain Project (the "Project ") as defined in, and as described in Exhibit A of, the Loan Agreement, dated as of 1, 2006 (the "Loan Agreement "), between the Council and the Borrower. In this connection, I have reviewed such records, certificates and other documents as I have considered necessary or appropriate for the purposes of this opinion, including applicable laws, and ordinances adopted by the City Commission of the Borrower, the Loan Agreement, a Trust Indenture dated as of 1, 2006 (the "Indenture ") between the Council and as trustee (the "Trustee ") and Ordinance Nos. and each enacted by the Borrower on , 2006 (collectively, the "Ordinance "). Based on such review, and such other considerations of law and fact as we believe to be relevant, we are of the opinion that: (a) The Borrower is a municipality duly organized and validly existing under the Constitution and laws of the State of Florida and under the provisions of the Constitution and laws of the State of Florida. The Borrower has the legal right and all requisite power and Exhibit C -1 authority to enter into the Loan Agreement, to pledge the Franchise Fees, to enact the Ordinance and to consummate the transactions contemplated thereby and otherwise to carry on its activities and own its property. (b) The Borrower has duly authorized, executed and delivered the Ordinance, the Loan Agreement, the Bond Purchase Contract and the Continuing Disclosure Agreement, and such instruments are legal and binding obligations of the Borrower enforceable against the Borrower in accordance with its terms, except to the extent that the enforceability hereof may be subject to bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights heretofore or hereafter enacted and that their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity, and to the sovereign police powers of the State of Florida and the constitutional powers of the United States of America. (c) The execution and delivery of the Ordinance, the Continuing Disclosure Agreement, the Bond Purchase Contract and the Loan Agreement, the consummation of the transactions contemplated thereby, the purchase or construction of the Project or the reimbursement for costs of the acquisition or construction thereof or the refinancing of the indebtedness to be refinanced with the proceeds of the loan and the fulfillment of or compliance with the terms and conditions of the Loan Agreement, the Bond Purchase Contract and the Continuing Disclosure Agreement does not and will not conflict with or result in a material breach of or default under any of the terms, conditions or provisions of any agreement, contract or other instrument, or law, ordinance, regulation, or judicial or other governmental order, to which the Borrower is now a party or it or its properties is otherwise subject or bound, and the Borrower is not otherwise in violation of any of the foregoing in a manner material to the transactions contemplated by the Loan Agreement. (d) Other than as disclosed in the Official Statement, there is no litigation or legal or governmental action, proceeding, inquiry or investigation pending or, to the best of our knowledge, threatened by governmental authorities or to which the Borrower is a party or of which any property of the Borrower is subject, which has not been described in the Official Statement relating to the Bonds or otherwise disclosed in writing to the Council and the Bond Insurer and which, if determined adversely to the Borrower, would individually or in the aggregate materially and adversely affect the validity or the enforceability of the Loan Agreement, the Bond Purchase Contract or the Continuing Disclosure Agreement. I am an admitted to practice law only in the State of Florida and express no opinion as to the laws of any other state and further express no opinion as to (i) the status of interest on the Bonds under either Federal laws or the laws of the State of Florida, or (ii) economic or financial matters described in the Official Statement relating to the Borrower. Very truly yours, Exhibit C -2 DEBT SERVICE SCHEDULE Principal Interest Date Amounts Rate Interest Total [TO COME] Exhibit D -1 z EXHIBIT E TO LOAN AGREEMENT FORM OF REQUISITION CERTIFICATE TO: , AS TRUSTEE FROM: CITY OF , FLORIDA (THE "BORROWER ") SUBJECT: LOAN AGREEMENT DATED AS OF THE DAY OF 2006 This represents Requisition Certificate No. _ in the total amount of $ for payment of those Costs of the Project detailed in the schedule attached. The undersigned does certify that: 1. All of the expenditures for which monies are requested hereby represent proper Costs of the Project, have not been included in a previous Requisition Certificate and have been properly recorded on the Borrower's books as currently due and owing. 2. The monies requested thereby are not greater than those necessary to meet obligations due and payable or to reimburse the Borrower for funds actually advanced for Costs of the Project. The monies requested do not include retention or other monies not yet due or earned under construction contracts. 3. This requisition is in compliance with Section 5.03 of the Indenture. 4. After payment of monies hereby requested, to the knowledge of the undersigned, there will remain available to the Borrower sufficient funds to complete the Project substantially in accordance with the plans. 5. The Borrower is not in default under the Loan Agreement and nothing has occurred that would prevent the performance of its obligations under the Loan Agreement. Executed this day of CITY OF , FLORIDA By: _ Name: Title: Exhibit E -1 .. . w RE: FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 2006A - LOAN TO THE CITY OF SOUTH MIAMI, FLORIDA Please provide the following information: 1. The Federal ID number for the City of South Miami. 2. How many IRS 8038's have been prepared on behalf of the City of South Miami this year? 3. Will your Mayor or Finance Director sign the IRS form 8038? 4. Verify the full names as used for execution of documents of your Mayor, Finance Director and City Clerk. 5. Has your City Attorney reviewed the form of the opinion attached as Exhibit "C" to the Loan Agreement which he will render at closing? MIAMI DAILY BUSINESS REVIEW Published DaAyexospt Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida - STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 in the XXXX Court, , was published in said newspaper in the issues of .. 10127/2006 Af iant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County,. Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aftiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose Of securing adverbs for publication in the said newspape Swom to and subscribed before me this 27 day of OCTOBER , A.D. 2006 r��. (SEAL O.V. FERBEYRE personally known to me e N Cheryi H Manner Aay Commission DD33l %j Fxpues July 18, 3008 South Miami All•AmericaCly CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Director Date: October 17, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63ra TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE - (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The proposed historic site designation is a single family home located at 6151 SW 63rd Terrace. It is one in a series of proposed historic designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. The designation of the building is based upon its unique architectural style (vernacular wood siding) in the CRA district and in the City of South Miami. The Designation Report describes the significance of the property on p. 6. The Historic Preservation Board at its July 31, 2006 meeting conducted a public hearing, and adopted a motion by a vote of 3 ayes 1 nay (Ms. Dison) recommending that the historic designation be approved. The Planning Board at its 'September 14, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6151 SW 63rd Terrace be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -14 -06 Designation Report Excerpt Historic Preservation Board Minutes 7 -31 -06 Excerpt Planning Board Minutes 9 -14 -06 Mail notice to owner Public notices SAY PAComm Items\2006 \10 -3 -06 \6151 SW 63 Terr HP -OV CM report.doc 0 t South Miami `01 nk All- AmericaCitY ^� �:•� C' 0 R. P 0 4ATF: (i 927 �. 0 t2 t— Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 CERTIFIED MAIL October 27, 2006 Ms. Deborah Powell 13921 SW 158th Street Miami, FL. 33177 RE: Planning Board Item No. PB -06 -022 - - Historic Designation- 6151 SW 63 Terrace Dear Ms. Powell: This communication is to inform you that the above item concerning the historic designation of your property located at 6151 SW 63 Terrace has been scheduled for second reading and public hearing at the Tuesday, November 7, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincerely yours, ford A. Youki is, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006 \11- 7- 06\Applicant's Notice PB -06 -022 6151 SW 63rd Ter.doc Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 6, 2006 Ms. Deborah Powell 13921 SW 158t' Street Miami, FL. 33177 Dear Ms. Powell: South Miami 2001 CERTIFIED MAIL RE: Planning Board Item No. PB -06 -022 Historic Designation- 6151 SW 63 Terrace This communication is to inform you that the above item concerning the historic designation of your property located at 6151 SW 63 Terrace has been scheduled for second reading and public hearing at the Tuesday, October 17, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincerely yours, c anford A. oUkilis, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006\ 10- 1 7-06\Applicanfs Notice PB -06 -022 6151 SW 63rd Ter.doc 20 -5.17 Designation of historic sites. (A) Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic - sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Planning Department by any member of Ahe Historic - Preservation Board, the Environmental Review and Preservation Board, the City Commission, the ` City administration or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one. of the. members of the board. The Historic Preservation Board may then meet as a body and- develop recommendati ons to transmit to the City Commission regarding designations. (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendati on to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off -street parking. The review PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public. Hearing Requirement.. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tag rolls as notification of the intent of the City Commission to consider designation of the property.. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Miles Office a notarized statement certifying the objection to the designation. 1 2 ORDINANCE NO. 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63' TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; - AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB -06 -022 was submitted to the Planning Department by the Historic Preservation Board , said application requesting to amend the official zoning map of the City of South Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified as 6151 SW 63rd Terrace; and WHEREAS, the Historic Preservation Board at its July 31, 2006 meeting reviewed the Designation Report for 6151 SW 63rd Terrace and recommended that the proposed site be designated historic; and WHEREAS, the proposed historic designation and rezoning is consistent with the goals and policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, on September 14, 2006, after public hearing regarding the application of the HP -OV zoning to 6151 SW 63rd Terrace, the Planning Board recommended approval by a vote of 7 aye and 0 nays; and WHEREAS, the City Commission desires to accept the recommendations of the Historic Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City's Official Zoning Map shall be amended by placing the Historic Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for property identified as 6151 SW 63rd Terrace. Section 2 . That the Designation Report for the building at 6151 SW 63rd Terrace as prepared by the South Miami Planning Department is identified as Attachment "A" and is attached to and made part of this ordinance. Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 6151 SW 63rd Terrace and the provisions contained in the Land Development Code pertaining to review of building permits, certificates of appropriateness, and demolition are applicable to the property at 6151 SW 63rd Terrace. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 I) Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY Attachments Attachment "A" ( Designation Report for 6151 SW 63rd Terrace) day of , 2006 P: \Comm Items\2006 \10 -3 -06 \6151 SW 63 Terr HP -OV Ord..doc APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Commissioner: Birts: Commissioner Beckman: Sour r F 4 U • INCORPORATED 1927 p O It -j 'Q To: Honorable Chair & Planning Board Members From: Don O'Donniley Planning Director South Miami krAtd AlKmeficaCky I 2001 CITY OF SOUTH MIAMI Date: September 14, 2006 RE: LDC Map Amendment —HP -OV (Historic Designation) 6151 SW 63 Terr PB -06 -022 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its July 31, 2006 meeting reviewed an historic designation report for the a single family residence located at 6151 SW 63rd Terrace. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super - imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. LDC HP -OV Rezoning September 14 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 6151 SW 63rd TERRACE The home built in 1946 and located at 6151 SW 63rd Terrace is one in a series of proposed designations within the Community Redevelopment Area resulting from a special survey conducted by members of the Historic Preservation Board. As stated in the Designation Report (pp.5,7) the significance of the building is as follows: The home is a simple one story, vernacular typical of post -World War II suburban development. The home is of frame construction, finished with horizontal wood siding. Its wood frame vernacular type is a rare survivor in the South Florida environment. The home is representative of a modest type that reflects a traditional building style, and is a fitting addition to the Pines Subdivision. The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its July 31, 2006 meeting by a vote of 3 ayes 1 nay. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.5 -7). STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........... (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.8) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. LDC HP -OV Rezoning September 14 2006 (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlying RS -4 zoning district. (5) It is important to note the building is located on a non - conforming lot which would not permit a new home to be constructed if the existing house is demolished or damaged by more than 50 %. The City's Land Development Code would allow the replacement of the home if the architectural design and style is replicated. (Sec. 20- 4.11). Other special provisions would permit needed variances to be heard by the Historic Board without a fee and without the requirement to prove hardship. RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6151 SW 63rd Terrace be approved. Attachments: Designation Report Historic Preservation Bd Minutes Public notices DOD / A P:\PB\PB Age as Staff Reports\2006 Agendas Staff Reports \9- 14- 06\PB -06 -021 6151 SW 63 Terr HP -OV Report.doc THE RESIDENCE AT 6151 SW 63rd Terrace SOUTH MIAMI., FLORIDA Designation Report Prepared by: Antolin G. Carbonell with Ellen J. Uguccioni, Cultural Resource Consultants City of South Miami Planning Department City of South Miami HP -06 -005 Designation of Property as an Historic Site 6151 SW 63rd Terrace 5960 5961 i 5960 r 5961 6241 6231 6221 6211 59 5936 5933 5932 594B �ti 5933 5975 5959 5943 5931 5921 5911 — 6001 5952 5999 SW 60TH S o ° 60DO ( 1 5 0 I 6230 6004 6013 SW 60TH TER 6DD N h N m 6030 _�;I111t 4 6061 `'yi v 6029600 °o' .°0 5975. " "' '� 5 t ,t ° m u°3 vmi m 0 �, rn S l _,.�6 ", , m 6060 60-11 6721 � �A;'Q r s�� SW 619�T ST SW 61 ST ST 0 91 6000 �' o rn t m m z a ° N 6� 't 60 '•ts 'O:� t,` ''^-ti 5974 5956 m D. yam' '1 s° `k,. -'' s `'•1 I +, �i o o o SW 61 ST ST r' s 6100 `••t y. 6111 �t'i ✓/ e26 T 6130 A Y ti 6,5 SW 62N 6W ® . ■ s Si W ° � , � 4 � � 6160 � � ' � I O Q 6�q0 � a � fin°• 6000 N us uaa o n M `n uv v 4 I Z 6209 �' 6190 I 6208 S N 1 ,�.,f 6017 6201 � 623 6 1 e <o 6200 2N ER iy R m s23s N 6239S 62ND TER 5 `O m6116 ° c B m u'o 62 6253 6257 0 6230 5p o, S B ECT 6,00 ° N P C RTY _ 6253 e ti o 6273 6236 6273 °' '°' m New 6260 N m 6270 Z ° Q °m ° m 6289 6266 6269 N m 04 o N 6255 SW 63 T m N R. .6301 6300 m m x: 6290 1 0 6290 O° �0 6 6321 61 ° 6316 617 SW 63RD ST 6321 .;:. 6300 6300 ."a N n vAi m SW 63RD TE , s� x357 m e e �� SW 63 s s 6364 � x351 `� m 621p �•1, 6380 W m 6373 n .n 8 0 6600 6601 m 5963 6647 g b SW 66TH TER } 5961 0 100 200 300 600 900 1,200 1,500 Feet 6601 I. 6601 1 6600 r 6601 6600 6600 �p1 ~ SW 64TH S 6611 Cl) Q 6611 6610 6611 6610 - 5978 5944 m 6gp1 6621 6401 6400 I b401 6400 6401 c 6621 6620 6621 8 6415 1 6412 6411 1 6410 6411 `t`'t 6410 6640 6631 o ��y _ °a 6429 6701 6429 6428 6443 6420 ,y 6443 6442 6443 6442 6445 6421 6420 6421 6420 6421 e� 6457 6450 6456 - 7. 6461 �y 6124 6100 6431 6430 6431 6430 6431 6470 6487 6420 6471 6481 6105 6500 6509 650D 6501 6500 6501 - 6501 f 6505 6500 6501 6511 6510 6511 6510 F U 6511 N 6518 fA 6519 m 6516 ZN 6135 6533 BS 'SO 6532 6521 6520 6521 6520 N � 6521 W vj 4t 6551 6571 6531 6530 6531 6530 ch 6531 E m 5987 6540 s t `� SW 66TH ST S C/) m' SW 66TH S 8 0 6600 6601 m 5963 6647 g b SW 66TH TER } 5961 0 100 200 300 600 900 1,200 1,500 Feet 6601 I. 6601 1 6600 r 6601 6600 6600 �p1 ~ 6611 Cl) Q 6611 6610 6611 6610 6621 I W 6621 6620 6621 6620 ?y 6631 `t`'t 6640 6631 6630 III 612f t1,t,t•.' 6701 ( 6631 8 0 6600 6601 m 5963 6647 g b SW 66TH TER } 5961 0 100 200 300 600 900 1,200 1,500 Feet TABLE OF CONTENTS General Information ................... ..............................4 Statement of Significance ........... ..............................5 History..................................... ............................... 5 Contextual History ...................... ..............................6 Architectural Distinction .............. ..............................7 Eligibility Criteria ......................... ..............................7 Design Review Guidelines .......... ............................... 8 Bibliography............................. ............................... 9 Photographs.............................. .............................10 City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdm Terrace Page 3 I. GENERAL INFORMATION Historic Names: 210 South 2nd Road (7420 SW 59"' Court) Current Name: 6151 SW 63rd Terrace Location: West Half of the South West Quarter of the South West Quarter of the North East Quarter of Section 25, Township 54 South, Range 40 East. Present Owner: Christopher Bowman 6151 S.W. 63rd Terrace South Miami, Florida 33143 -2213 Present Use: Single Family Residence Zoning District: Residential — Single - Family Tax Folio Number 09- 4025- 009 -0120 Boundary Description Lots 5 and 6, Block 2, Pines Subdivision, as recorded in Plat Book 13, Page 4 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rd +h Terrace Page 4 II. SIGNIFICANCE Specific Dates: 1946 House Built at Unknown Location 1952 House Moved to 210 South 2nd Road (7420 SW 59th Courf), South Miami by John Myers 1965 House moved by Bowman Family to present location Architect: Unknown Builder/ Contractor: Unknown Statement of Significance Although this residence has been moved twice in its history, its wood frame vernacular type is a rare survivor in the South Florida environment. While the written record does not provide for a definitive identification of its original location, more than likely, the house was built close to its present location. The home is representative of a modest type that reflects a traditional building style, and is a fitting addition to the Pines Subdivision. History Historically, the Pines Subdivision, where this residence is now located, was home to African- Americans who were prohibited from living in areas strictly reserved for whites. The Pines Subdivision Plat was filed in January 1925 by South Miami pioneers John and Mary Opsahl in 1925, and consisted of lots with a twenty -five foot frontage, half of that normally expected in white sub - divisions. The lot where the home is now located has been owned for over 40 years by the Bowman family, South Miami pioneers. Another structure once stood at this location and was rented by Ms. Eva M. Ellis, according to the 1953 -54 Greater Miami Suburban Directory. This first house was demolished in April 1965 possibly due to damage from Hurricane Cleo. The present structure moved from 7420 S.W. 59th Court to make room for the construction of an apartment building. In relocating the house to this site, its orientation was shifted ninety degrees. As one of the few remaining wood frame houses built in South Miami during the 1940's, the residence at 6151 SW 63rd Terrace in the Pines Subdivision is a remarkable survivor, evidencing the type of material and construction methods that were once prevalent in the post -World War II period across the region. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdth Terrace Page 5 Contextual Histo During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917, the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixty -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. During the 1920s, all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami including the Methodist Church and the Riviera Theater (demolished.) Residential subdivisions were platted as thousands purchased homes in the area. By 1927, the real estate boom had abruptly ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933, the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately four square miles. The perception of South Miami as a principally agricultural area would change dramatically when America began to gear up for its entry into World War II. South Florida became an enormous training camp for the soldiers who would be called to battle. By the time the war ended in 1945, the nation once again experienced economic prosperity, and South Florida was besieged by hundreds of returning servicemen who made this their permanent home. The evidence in the growth of the City of South Miami is reflected in its building permits. In 1936, the city reported the value of new construction at $53,700. In 1 948, the total reached $1,764,964 and during the first six months of 1949 the total was $672, 885. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdth Terrace Page 6 III. ARCHITECTURAL DISTINCTION The home is a simple one story, vernacular typical of post -World War II suburban development. The home is of frame construction, finished with horizontal wood siding. Currently the house lacks a permanent foundation. The building is massed in two sections, both hipped roofs, one over a lower porch element, and the other over the main house. The plan is rectangular. The roof, covered with asphalt shingles, extends over the walls to form broad eaves. Alterations This structure was built in 1946 at an undetermined location. In February 1952 Mr. John Myers had the house moved to two lots at what was then 210 South 2nd Road, currently 7420 S.W. 59th Court. At that location, what is now the west side faced east and was the front of the house. The front door opened into a 6' -4" diameter half round landing with steps. A garage stood at the northwest corner of the house, in line with what is now the front entry Florida Room. The garage was not relocated. In 1965, the Bowman family acquired this house and had it moved to this location where it replaced an earlier house that had been demolished. At this location the house was rotated 90 degrees and set on a new foundation. The side Florida Room became the front entry and the elaborate front entry became a side door. Minimal repairs were made at the time to accommodate the move and repair damage. Eligibility for Designation The proposed designation of the residence at 6151 SW 63rd Terrace, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the residence at 6151 SW 63rd Terrace is recommended for local historic designation. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdth Terrace Page 7 Desian Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure. which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the residence at 6151 SW 631d Terrace the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may be amended, Specific: • One story height • Hipped roofs over the porch, and main house covered in asphalt shingles • Entry door ( now on west side) featuring a door surround comprised of pilasters on either side. • Glass light transom over entry door. • Elaborate, sculptural wooden brackets supporting the shed roof overhang above the entrance. City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdm Terrace Page 8 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami Suburban Directory, R.L. Polk and Company, Publishers 1945 -1946, 1947, 1955, 1959, 1963, 1966, 1970 and 1975 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Plat for the Pines Subdivision, dated January 1925. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdfh Terrace Page 9 F rrt� Old i OBEFAym City of South Miami Historic Designation Report for THE RESIDENCE AT 6151 SW 63rdth Terrace Page 11 tp Nt Igo AllWo 9'' Y 2 g, CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, July 31, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. II. Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Ms. Dison and Mr. Kurtzman. Board members absent: Mr. Ruiz de Castilla and Mr. Cooke - Yarborough City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearings on Historic Designations HPB -06 -005: 6151 SW 63 Terrace Action: Ms. Uguccioni presented the designation report for 6151 SW 63 Terrace. She explained that this residence had been moved twice in its history, its wood frame vernacular type is a rare survivor in the South Florida environment. This home is representative of a modest type that reflects a traditional building style, and is fitting addition to the Pines Subdivision. The lot where the home is now located has been owned for over 40 years by the Bowman family which are South Miami pioneers. As one of the few remaining wood frames houses built in South Miami during the 1940's the residence at 6151 SW 63 Terrace in the Pines Subdivision is a remarkable survivor, evidencing the type of material and construction methods that were once prevalent in the post -World War H period across the region. Ms. Uguccioni described the architectural distinction of the home. She indicated that the home is a simple one story, vernacular typical of post -World War II suburban development, the home is frame construction, finished with horizontal wood siding. Currently, the house lacks a permanent foundation. The building is massed in two sections, both hipped roof one over a lower porch element, and the other over the main house. The plan is rectangular. The roof, covered with HPB Minutes July 31, 2006 Excerpt Page 2 of 2 asphalt shingles, extends over the walls to form broad eaves. In 1965, the Bowman family acquired this house and had it moved to its present location where it replaced an earlier house that had been demolished. At this location the house was rotated 90 degrees and set on a new foundation. The side Florida room became the front entry and the elaborate front entry became a side door. Minimal repairs were made at the time to accommodate the move and repair damage. Ms. Uguccioni noted that the proposed designation of the residence located at 6151 SW 63 Terrace meets the following criterion contained in the South Miami Land Development Code, Section, 20 -4.9 "Historic Preservation standards ": (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristic of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction. In conclusion, Ms. Uguccioni stated that the residence located at 6151 SW 63 Terrace is recommended for local historic designation. At this point of the meeting the daughter of Christopher Bowman, Ms. Deborah Bowman Powell spoke on behalf of her recently deceased father who was the owner of the house. Since, she now is overseeing the house she still is analyzing the advantages and disadvantages of historic designation. Motion: Mr. Kurtzman motioned to proceed with the designation. Ms. Chael seconded the motion. Vote: Approved 3 Opposed 1 (Ms. Dison) DOD /SAY /pl PAComm Items\2006 \10- 3- 06\Excerpt HPB Mins 7-31-06615163 Terr.doc SOUT6t O� �r U " • INCORPORATED 1927 C p fiv CITY OF SOUTH MIAMI PLANNING BOARD REGULAR MEETING SUMMARY MINUTES Thursday, September 14, 2006 City Commission Chambers 7:30 PM EXCERPT I. Call to order Action: Mr. Morton, Chair called the meeting to order at 7:33 p.m. II. Roll call Roll call was performed. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: none City staff present: Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), and Patricia E. Lauderman (Board Secretary). III. Planning Board Applications / Public Hearings PB -06 -022 Applicant: City of South Miami Location: 6151 SW 63 Terrace AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6151 SW 63rd TERRACE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Staff explained that the Historic Preservation Board at its July 31, 2006 meeting reviewed the historic designation report for the single family residence located at 6151 SW 63 Terrace. Following a public hearing, the Board adopted a motion recommending that this residence be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. In PB Minutes September 14, 2006 Page 2 of 3 this case, the "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. Staff stated that the designation report for this property which is being presented to the Board tonight was prepared by the historical resource consultants Ms. Ellen Uguccioni and Antolin Carbonell. The designation report described the architectural distinction as well as the historic significance of the house. Staff indicated that the house is a remarkable survivor that shows the type of materials and construction methods that were used in the 1940s. At this point, Mr. O'Donniley provided the following staff observations: (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing_ no demolition or reconfiguration of specified resources ....:....95 (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section (p.8) entitled Design Review Guidelines which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlying RS -4 zoning district. (5) It is important to note the building is located on a non - conforming lot which would not permit a new home to be constructed if the existing house is demolished or damaged by more than 50 %. The City's Land Development Code would allow the replacement of the home if the architectural design and style is replicated. (Sec. 20- 4.11). Other special provisions would permit needed variances to be heard by the Historic Board without a fee and without the requirement to prove hardship. Recommendation: Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6151 SW 63 Terrace be approved. Public Hearings:. Chair Morton opened the public hearing. No one spoke on this item. PB Minutes September 14, 2006 Page 3 of 3 Chair Morton closed the public hearing. Mr. Morton asked if the owner of the residence was present at this meeting. Mr. O'Donniley replied that the owner (Ms. Powell, daughter of Mr. Bowman) was not present however; she was in support of the designation. Motion: Ms. Yates moved to recommend approval of the designation report. Mr. Comendeiro seconded the motion. Vote: Approved 7 Opposed 0 DOD /SAY /pel K:\HPB Historic Bd\PB Minutes\2006 Minutes\PB Mins 9- 14- 06.doc �v6 wyoFloUir MIAMI DAILY *BUSINESS REVIEW '.: AOTICEWPUBLI Published Daily except Saturday, Sunday and NOTICE'I'S 'Cl Legal Holidays WiML,. STATE OF FLORIDA COUNTY ormmmI-uxos Before the undersigned authority personally appeared t�A "W1DF',' 1E*A#OR; SOOKIE WILLIAMS, who on oath says that he or she is the P E 76AMENOTHEOFFICL VICE PRESIDENT, Legal Notices of the Miami Dafli y Business CITY OF SOUTH MIAMP LAND DE Review fAda Miamil Review, a daily (except Saturday, Sunday : DESIGNATING-A SINGLE FAMILY I and Legal Holidays) newspaper, published at Miami In Miami-Dade LOCATED AT 6151.81111`43rd:TER County, Florida; Itlat the attached copy of advertisement, ' :WM:AND'BY:PLACEMENT, OPAA being a Legal Advertisement of Notice In the matter of OVERLAY IZONE ljHP4)V); -IONING USE DISTRICT FOR THISII '~~~~, CITY op SOUTH MIAMI � ~~' PUBLIC HEARING ' OCTOBER ,7,xmm mmvxxxx �� REQUEST TO AMEND THE OFFICU was published m said newspaper m the Issues m . CITY OF SOUTH'MIAMI LAND DE DESIGNATING A SINGLE FAMILY. 1 1mwamo06 , LOCATED AT ON5 SW 111i CoUlk -AND BY PLACEM1ENT,,OFAN-.,FUB Affiant further says that the said Miami Daily Business 'USE: DISTRICTIFOR-AHIS. PROPE Review Is a newspaper published at Miami in said Miami-Dade 'SEVERABIUTY;.'-;PROVIDING�4,.FIt land that the said newspaper has CONFLICT; AND PROVIDING AN EF heretofore been continuously published in said Miami-Dade county, A RESOLUTION OF" THE.MAYOFi Florida, each day (except Saturday, Sunday and Legal Holidays) OF THE CITY.OF SOUTH MIAMI. F and has been entered as second class mOi matter at the post THE ISSUANCE OF A CERTIFICA office in Miami In said Miami-Dade County, Florida, for a 'NESS PURSUANT. TO BECTIPN.204 period of one year next preceding the first publication of the DEVELOPMENT, CODE+OIr.THE: I attached copy of advertisement; and affient further says that he or SIGNS: FOR MANARA RESTAURAI she has neither . -_ any d' count rebate, commission or refund for the purpose (SHELLEYBUILDING);PROVIDING J of a ng this advertisement for publication In the said OF THE CITY OF SOUTH MIAMI, REI PURSUANT TO SECTION 20-11111.6 CH INCREASE THE HEIGATOFAN E)aS LARANTENNA INSIDE THE CROSS i Sworn ~ and subscribed ,~~~,~_s ' s day mOCTOBER .mz2006 AN EFFECTIVE DATE., RESOLUTION 0 THE MAYOR JHE CITY, OF SOUTH-.MIAMI, FLO � REQUEST FOR TWO VARIANCES I'll ^^� C�* x �"�� »^p«�' Cd � -----------' WHERE A MINIMUM LOT;SIW�OF!; aonmcwuuxme �REQUIRED AND SO.FEEr OF,FRO IS RE IRED, A VARIANCE FROM xnESib " umhm�Tki OF THE CITY OF;SOUTH REQUEST, TO ALLOW1 AND "r ON PROPERTY SW 65THAVENUE. 301 PLAT AS SET FORTH IN 1 MIAMI LAND DEVELOPN DADECOUN WAIVER OFPLATISTOJ PROVIDING FORA LEGA FORAM EFFECTIVE DA71 1`14 Surd, Agency or Corternisalm wltfi� at and that for such plapoili. affivoid iiiarmon im irsid to ensure that a' testimony aid "ewe uponwhIlichtheappettills to =v' --'--�^_-^^= ^ '204A OF THE LAND DEVELOPME FEET 5 INCHES OF: ABUTTING ' ALL ON PROPERTYL AVENUE, SOUTH MLAMIjFLOR1DA, OF THE VARIANCES IS.TO PERMIT OFA.TWO. STORY, OFFICE �BUILD (v |� ',"°°NEF,="~E"=E, '- Inpri-strAB-Iregular City in Chambers, 01*30 Surdidt.1, IDA; RELATING TO OF M SECTION 20-3.5(G) E,10 ALLOW THE LOT 71110111,1QUAREFEET IS THE PARIUNG, SPACE - LANDSCAPE.. ON - THE" VITHM. 1H !R RESI- ING; AND PROVIDING: I : MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she Is the .SUPERVISOR, Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 in the XXXX Court, , was published in said newspaper in the issues of 10/27/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, .Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing tbi�advertis a for publication In the said newspap� /3y. n Swom to and subscribed before me this 27 daay of OCTOOBERR , A.D. 2006 C-41& - (SEAL) O.V. FERBEYRE personally known to me Y CheM H Manner g g My Commission 0033/1589 qa ids E.,as July 18, 2008 South Miami All- Amedcac" CITY OF SOUTH MIAMI 1111 1 ®' OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Managerf From: Sanford A. Youkilis, Acting Planning rectora, - Date: October 17, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING KNOWN AS THE JESS WHITSIT RESIDENCE LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Request: The proposed historic site designation is a single family home located at 6925 SW 63Rd Court. The owner of the structure approached the Planning Department requesting that her property be designated historic. The designation of the building constructed in 1926 is based upon its unique architectural style (small scale Mediterranean Revival style cottage). The Designation Report describes the significance of the property on p. 7. The Historic Preservation Board at its July 31, 2006 meeting conducted a public hearing, and adopted a motion by a vote of 4 ayes 0 nay recommending that the historic designation be approved. The Planning Board at its September 14, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63rd Court be approved. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -14 -06 Designation Report Excerpt Historic Preservation Board Minutes 7-31-06 Excerpt Planning Board Minutes 9 -14 -06 Mail notice to owner Public notices SAY PAComm Items\2006 \10 -3 -06 \6925 SW 63rd Ct HP -OV CM report.doc Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 27, 2006 Ms. Roxanne Scalia 6925 SW 63`d Court South Miami, FL. 33143 South Miami 1 I- AmericaC' 2001 CERTIFIED MAIL RE: Planning Board Item No. PB -06 -023 Historic Designation- 6925 SW 63 Court ICI _ Dear Ms. Scalia: This communication is to inform you that the above item concerning the historic designation of your property located at 6925 SW 63 Court has been scheduled for second reading and public hearing at the Tuesday, November 7, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. 4Sin�cfly yours, d . 0 Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items \2006 \11- 7- 06\Applicant's Notice PB -06 -023 6925 SW 63.doc South Miami 6 i ° �Yt'.- ,�Pp4PT cif �•. 2001 Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305 -668 -7356 October 6, 2006 CERTIFIED MAIL Ms. Roxanne Scalia 6925 SW 63`d Court South Miami, FL. 33143 RE: Planning Board Item No. PB -06 -023 Historic Designation- 6925 SW 63 Court Dear Ms. Scalia: This communication is to inform you that the above item concerning the historic designation of your property located at 6925 SW 63 Court has been scheduled for second reading and public hearing at the Tuesday, October 17, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325 Since ely yours, S �ordASo ilis, AICP Acting Planning Director Attachments: Designation Report LDC Sec. 20 -5.17 SAY P: \Comm Items\2006 \10- 17- 06\Applicant's Notice P13 -06 -023 6925 SW 63.doc 20-5.17 Designation of historic sites. (A) Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed•as historic - sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Planning Department by any member of 1he Historic - Preservation Board, the Environmental Review and Preservation Board, the City Commission, the City administration or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one. of the members of the board. The Historic Preservation Board may then meet as a body and develop recommendations to transmit to the City Commission regarding designations. (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off -street parking. The review PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public Hearing Requirement. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tag rolls as notification of the intent of the City Commission to consider designation of the property.. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Clerk's Office a notarized statement certifying the objection to the designation. I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE 5 OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT 6 CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING KNOWN 7 AS THE JESS WHITSIT RESIDENCE LOCATED AT 6925 SW 63rd COURT AS AN 8 HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION 9 OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR 10 THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR 11 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHEREAS; Application No. PB -06 -023 was submitted to the Planning Department by the Historic Preservation Board , said application requesting to amend the official zoning map of the City of South Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified as 6925 SW 63rd Court; and WHEREAS, the Historic Preservation Board at its July 31, 2006 meeting reviewed the Designation Report for 6925 SW 63rd Court and recommended that the proposed site be designated historic; and WHEREAS, the proposed historic designation and rezoning is consistent with the goals and policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and WHEREAS, on September 14, 2006, after public hearing regarding the application of the HP -OV zoning to 6925 SW 63rd Court, the Planning Board recommended approval by a vote of 7 aye and 0 nays; and WHEREAS, the City Commission desires to accept the recommendations of the Historic Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City's Official Zoning Map shall be amended by placing the Historic Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for property identified as 6925 SW 63rd Court. Section 2 . That the Designation Report for the building at 6925 SW 63rd Court as prepared by the South Miami Planning Department is identified as Attachment "A" and is attached to and made part of this ordinance. Section 3 The Design Review Guidelines set forth in the Designation Report for the building at 6925 SW 63rd Court and the provisions contained in the Land Development Code pertaining to review of building permits, certificates of appropriateness, and demolition are applicable to the property at 6925 SW 63rd Court. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY Attachments Attachment "A" ( Designation Report for 6925 SW 63rd Court ) day of , 2006 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe : Commissioner Palmer: Commissioner: Birts: Commissioner Beckman: P:\Comm Items\2006 \10 -3 -06 \6925 SW 63rd Ct HP -OV Ord..doc O� SOUT�� F � U INCORPORATED • 1927 P • 40 R1 To: Honorable Chair & Planning Board Members From: Don O'Donniley Planning Director South Miami An - -am� ericac�ly 1 2001 CITY OF SOUTH MIAMI Date: September 14, 2006 RE: LDC Map Amendment —HP -OV (Historic Designation) 6925 SW 63 Ct. PB -06 -023 Applicant: City of South Miami Location: 6925 SW 63rd Court AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIANII, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its July 31, 2006 meeting reviewed an historic designation report for the a single family residence located at 6925 SW 63 Court. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super - imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. APPLICABLE REGULATIONS The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation Overlay zone for the property set forth in the historic designation report. LDC HP -OV Rezoning September 14, 2006 (2) (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 6925 SW 63 Court The historic designation of the home located at 6925 SW 63 Court was requested by the property owner. The single family home was built in 1926 and is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. The home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior walled courtyard, the use of a clay barrel tile for the roofing material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. The historic name of the residence is based upon the name of the earliest recorded property owner who was Jesse Elon Whitsit. The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its July 31, 2006 meeting by a vote of 4 ayes 0 nays. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.5, 6,7,). STAFF OBSERVATIONS (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........... (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require. special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (pp.8 -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's RS -3, Single Family Low Density Residential zoning district. LDC BP -OV Rezoning September 14, 2006 (3) RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63rd Court be approved. Attachments: Designation Report Public notices DOD /SAY PAPB\PB Agendas Staff Reports\2006 Agendas Staff Reports \9- 14- 06\PB -06 -022 6925 Sw 63 Ct BP -OV Report.doc THE FORMER JESS WHITSIT RESIDENCE AT 6925 SW 63rd Court SOUTH MIAMI, FLORIDA Designation Report Prepared by: Antolin G. Carbonell with Ellen J. Uguccioni, Cultural Resource Consultants City of South Miami Planning Department City of South Miami HP -06 -006 Designation of Property as an Historic Site 6925 SW 63rd Court 6540 6521 .6520 6550 6531 6530 6612 .t '� r d 6600 fi J 86 2 6618 F-- q 6616 U 6 6636 S 6648 F- `:i� 6668 U 6632 tip f 6700 6700 f's ' a a � 0� tA . e WJ SW 68TH ST 6801 6810 i5! 6821 6020 Z n `I 6841 6840 6640 6905 6910 rs 69D4 6925 6930 6924 6945 6950 . ^y�3 6944 6955 6970 L— 6954 � >. g a 7000 w 7008 Q --.� 2 �.1.. 7010 ' 7028 LO 6479 6489 7020 7048 U � 6491 7030 ; 6471 » 6469 7112 6467 6493 $o 71D0 rYM, I4 7110 :- 7132 '1 T":s 6802 SUBJ 6626 PROPE 6911 6910 6931 6930 6951 6950 6971 6970 W Q 2 V 10 65 i 65521 6520 6527 6520 6521 6520 6521 6531 6530 6531 6530 Y 6531 653D 6531 SW 66TH ST 3 6601 6380 6600 6601 6600 4 6601 6600 6600 6611 6611 6610 F, 6611 6610 ; 6611 6610 U 6621 LLJ U 6621 6620 ❑ 6621 6620 ❑ 6621 6620 Z 6631 Li a' 04 M fp CO 6630 6631 6640 40 6631 6630 6641 1 1n <n U 6700 6701 6700 6701 6700 6701 6711 6711 6710 6711 6710 .6711 6710 6718 6721 6721 6720 6721 6720 E6721 6720 6731 6730 6731 6730 6730 6731 SW 68TH ST T ^4,5 rr 6370 6350 2 6300 6801 I 6800 �ti t, 6801 6800 r 6812 6815 I ~- A 6640 6810 6825 6820 6303 r 1 6825 T --- ; 6647 -~ ��o J r f 6917 ~� 1 6912 6240 6130 f9 ° o o i + 6929 a 1 6931 1 mb 6201 6941 JI `° +1 .6941 'o �0 8940 6941 _ �� j 'fin 5W 7001 7000 _i If 7001 7011 7020 7021 701D 7021 7030 7041 7030 7031 7040 7041 7040 7101 7111 7110 7110 7111 7115 7114 7120 6341 L6"-,s'7o� Q a A 7009 'I 7015 7000 7101 7105 ie 7107 N to 7111 W4; E 7121 6201 S SUNSET DR SW 72ND ST 0 o m o o f o t 63 o o 6310 Q 40 6500 6330 Z 04 13 7223 7220 2 o 6250 7231 7230 7230 7231 (n � g ,o 7243 7240 7240 7240 7241 _7241 1 0 100 200 300 600 Feet 900 1,200 1,500 TABLE OF CONTENTS General Information ................... ..............................4 Statement of Significance ........... ..............................5 History................................... ............................... 5 Contextual History .................... ............................... 6 Architectural Distinction ............. ............................... 7 Eligibility Criteria ........................ ............................... 8 Design Review Guidelines.... ....... ............................... Bibliography ........................... ............................... 10 Photographs.......................... ............................... 1.1 City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6425 SW 63rdth Court Page 3 I. GENERAL INFORMATION Historic Names: The Jess Whitsit Residence 213 North 5th Road Current Name: 6925 SW 63rd Court Location: South West Quarter of Section 25, Range 40 East, Township 40 South Present Owner: Roxanne M. Scalia 6925 S.W. 63rd Court South Miami, Florida 33143 -3344 Present Use: Single Family Residence Zoning District: Residential — Single - Family Tax Folio Number 09 -4025- 022 -0410 Boundary Description Lots 9 and 10, Block 6, Cocoplum Terrace Subdivision, as recorded in Plat Book 25, Page 4 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdm Court Page 4 II. SIGNIFICANCE Specific Dates: c. 1926 Architect: Unknown Builder/ Contractor: Unknown Statement of Significance The residence at 6151 SW 63rd Terrace is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. This home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior walled courtyard, the use of a clay barrel the for the roofing material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. Histo The Biscayne Engineering Company surveyed the Cocoplum Terrace plat in February 1926 for Mr. Guy Stone, President, and Mr. Harold W. Dorn, Secretary of Larkins Properties, Inc. The plat was recorded on March 5, 1926. The "L" shaped subdivision abutted the Larkins town site on the east along S.W. 62nd Avenue. Merrimac Avenue, today's S.W. 63rd Court, and the location of the subject property provided the only access south to Sunset Drive. The subdivision was platted with curving streets, creating slightly irregularly shaped lots that originally averaged 50' x 125'. The only exceptions were the eleven lots fronting Sunset Road, intended for commercial development, which had 25 -foot frontages. Since that time, the lots in Block 6 have _been combined, with the average dimension of the lots 105' x 140'. Mr. Jesse Elon Whitsit, owned the home at least as early as 1941. He was one of the contributors to a book entitled The Elementary Principles of Physics, published around 1910. Mr. Whitset was born in 1874 and the 1930 U.S. Census lists him as residing in New York City. In 1941 he added a storage room for an artist's studio to the building at the rear of this property and in 1955 he had the barrel tile roof replaced. By 1957, the property had been sold to Mr. Carl Mayne. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 5 The predominant feature of this home is the walled enclosure along the front and side property lines that creates an interior courtyard. While no definitive record for the date of its construction has been discovered, the physical evidence suggests that it was added after the main house was built, and circumstantial evidence points to the period when Mr. Whitsit owned the house. These conclusions are based on the following observations: • There are no permits for construction of the courtyard enclosure. • The walls do not comply with present front and side yard setbacks requirements, suggesting they were built before these requirements were implemented or enforced. • The construction of a storage room for an artist's studio suggests that someone with an artistic sensibility lived in the house and was the likely author of this addition. • The 1955 permit for replacement of roof tiles could refer to these structures. Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagier's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917 the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixty -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104'" Street and North Kendall Drive on the south. During the 1920s all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami including the Methodist Church and the Riviera Theater (demolished.) Residential subdivisions were platted as thousands purchased homes in the area. The subdivision of Cambridge Lawns, (a City of South Miami Historic District) that includes modestly scaled homes designed in an English Tudor or Mediterranean Revival style, was built in 1927. The Whitset House is a contemporary of the Cambridge Lawns Historic District. By 1927, the real estate boom had abruptly City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd1h Court Page 6 ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933 the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately four square miles. III. ARCHITECTURAL DISTINCTION The residence faces west onto SW 63rd Terrace. The massing of the home is divided into three distinct parts. The northernmost bay peaks in a shallow gable roof and rises above the parapet established by the central entrance bay. The center bay steps down to form an entrance element that originally featured two round arched openings (which have since been enclosed) and is covered in a barrel tile shed roof. Immediately south of the entrance bay is a round arched porte - cochere (also subsequently enclosed), that again steps down in height and is covered with a barrel tile shed roof. A one -story garage and servant's quarters is located at the rear of the property. While there were only two existing building permits available, the physical evidence indicates subsequent additions and alterations were made to the home after its construction. In 1941 a permit was issued to Mr. Whitsit for a 9'X13' addition built onto the detached rear structure for use as a: " Store room addition to present studio one -story high 8' X 13' ( approximate) store room — paintings, frames, etc." Mr. Whitsit had portions of the house re- roofed in 1955, but the roof parapet walls required additional repairs in 1957 after Carl Mayne acquired the property. The porch and porte - cochere have been enclosed with glass windows and in the opening of the front wall; there is a metal awning window, a type not in existence in 1925. The structures and walls enclosing the front courtyard are also an early addition, built before setback requirements were enforced. The loggia on the south side and the storeroom on the north side abut the house are also placed directly on the property line and are accessed through the courtyard. The wall that creates the enclosed courtyard on the primary (west) elevation is also thought to be constructed after the initial construction, but still within the historic period of the house. The Mediterranean Revival style was an adaptation of centuries -old designs originating in Mediterranean countries. Hallmarks of the style include: extensive wall mass with finely designed details; walls of tinted stucco; broken planes created by the use of curves, the combination of different roof slopes, the combination of one and two -story elements, and the use of interior courtyards. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdlh Court Page 7 Eligibility for Designation The proposed designation of the residence at 6925 S.W. 63rd Court SW 63rd Terrace, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards:" (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the residence at 6925 SW 631d Court is recommended for local historic designation. Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape . features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the residence at 6925 SW 63rd Court the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects With Guidelines for Applying the Standards (1979) as may be amended. City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd'h Court Page 8 Specific: • One story height with three distinct bays at differing heights • Detached garage and servants quarters at rear of property. • Flat roof with parapet with tiled shed roof over front porch. • Walled courtyard on the west ( main) elevations of the property with an arched loggia on south side • Double- leafed wooden vehicular entrance gates; west elevation City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 9 Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami Suburban Directories, R.L. Polk and Company, 1941, 1942, 1946, 1955 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Millas, Aristides and Ellen J. Uguccioni. Coral Gables Miami Riviera: An Architectural Guide. (Miami: Dade Heritage Trust) 2003. Plat for the Cocoplum Terrace Subdivision, dated March 1926. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rdth Court Page 10 z •• ��i� � "'fix; 1 s; � �� •tin u K vi di -T' r ti� r %m yolwo, �p Irm , w t� 1 ,3 mod- i Figure 2 Loggia on South side of courtyard City of South Miami Historic Designation Report for THE JESS WHITSIT RESIDENCE 6925 SW 63rd'h Court Page 12 *A;/ P S) - �� f i e � fit; :'��,•,;p - ? 3 �4�¢ - r z ,: 'F £� MA e 4 7 on +E�. ^. g,�+AXW6f�.v . •3Ytx .- r•.- --��"�� r'i" i . -... — - - - � � �{�45��,.5�•�. c�oaC.�eK �. �.JpG A'�Neris �L F3.,: - _ 2 . I Jun 15 06 04:15p Ellen Uguccioni 3054455023 p.2 Ak ' ii. ' I� ca••�•,vnnar�v�'�•°Ai:aerst _� . - ' • ` � . • ,� . .. •c • •a C •\ a, a �^ -: A .. •�. � w�c m 14 4w j •` er 1 0•. �, �., `' ,, -i ... � '� � Y ` d.,,,• -ate "' �.'a -LON.. ' !s.lSWOBRG u Now 0 \IN 1927 Ri CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, July 31, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. II. Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Ms. Dison and Mr. Kurtzman. Board members absent: Mr. Ruiz de Castilla and Mr. Cooke- Yarborough City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearings on Historic Designations BPB -06- 007: 6925 SW 63 Court (Jess Whitsit residence) Action: Ms. Uguccioni indicated that the residence at 6925 SW 63 Terrace is a classic example of the small -scale Mediterranean Revival style cottages that were enormously popular during the Real Estate Boom phenomenon of the 1920s. This home features many of the hallmarks of the style including its masonry construction; variation in the height and pitch of the roof slopes, the creation of an exterior walled courtyard, the use of a clay barrel tile for the roofing material, the use of a round arch as a recurring architectural element; and the employment of a loggia as a method to allow covered access to the outside. Staff noted that for this proposed historic designation the owner approached staff to designate this property. The Board commended the owner, who was not present at the meeting, for the designation request. Ms. Uguccioni indicated that the proposed designation of the residence at 6925 SW 63 Court, meets the following criterion contained in the South Miami Land Development Code, Section 20.4.9 "Historic Preservation Standards:" HPB Minutes July 31, 2006 Page 2 of 2 Excerpt (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship; feeling and association and: (d) Embodies the distinctive characteristics of a type period, methods of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction. Motion: Mr. Kurtzman motioned to proceed with the designation. Ms. Dison seconded the motion. Vote: Approved 4 Opposed 0 DOD /SAY /pl PAComm Items\2006\10- 3- 06\Excerpt HPB Mins 7 -31 -06 6925 63 Ct.doc ou r ti INCORPORATED • 1927 CITY OF SOUTH MIAMI PLANNING BOARD REGULAR MEETING SUMMARY MINUTES Thursday, September 14, 2006 City Commission Chambers 7:30 PM EXCERPT _ I. Call to order Action: Mr. Morton, Chair called the meeting to order at 7:35 p.m. IL Roll call Roll call was performed. Board members present constituting a quorum: Mr. Morton, Ms. Lahiff, Ms. Yates, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: none City staff present: Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis, AICP (Planning Consultant), and Patricia E. Lauderman (Board Secretary). III. Planning Board Applications / Public Hearings PB -06 -023 Applicant: City of South Miami Location: 6925 SW 63 Court AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE. FAMILY ,RESIDENTIAL BUILDING LOCATED AT 6925 SW 63rd COURT AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Mr. O'Donniley presented the staff report along with the designation report which was written by the historical resource consultants Ms. Ellen Ugucioni and Antolin Carbonell. The designation report described the history of the residence as well as the architectural significance of the building. Mr. O'Donniley briefly explained that the Historic Preservation Board at its July 31, 2006 meeting reviewed the historic designation report for the single family residence located .-� PB Minutes September 14, 2006 Page 2 of 3 at 6925 SW 63 Court. Following a public hearing the Board passed a motion recommending that the residence be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. Additionally, Mr. O'Donniley informed the Board that the historic designation of the home was requested by the property owner. The single family was built in 1926 and is a classic example of the small -scale Mediterranean Revival style cottages that was popular in the 1920s. The historic name of the residence is based upon the name of the earliest recorded property owner who was Jesse Elon Whitsit. Mr. O'Donniley provided the following staff observations: (1) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (2) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (pp.8 -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (4) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's RS -3, Single Family Low Density Residential zoning district. Recommendation: Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 6925 SW 63 Court be approved. Public Hearings: Chair Morton opened the public hearing. No one spoke on this item. PB Minutes September 14, 2006 Page 3 of 3 Mr. Morton closed the public hearing. Mr. Comendeiro inquired if the owner of the residence was present at this meeting. Mr. O'Donniley responded that the owner, Ms. Scalia was not able to attend but that she was in full support of the designation. Motion: Mr. Comendeiro moved to recommend approval of the designation report. Ms. Yates seconded the motion. Vote: Approved 7 Opposed 0 DOD /SAY /pel KAPB Historic Bd1PB Minutes\2006 Minutes\PB Mins 9- 14- 06.doc CLOC AND and Zoning DepadmenfsafOce at 2 lU-L rrderested parties aro Invited to r 1 cli Pur'siiant to Florida 8talutes`2ati: public that. If a person decides to Its mee0ng ar,heaft, heor,shevd0 need a reoord.0die.pmceedings,; and that for euch purpose, affected person.may need to, ensure that a verbatim.mcorcl of the proceeding! is made which'ecord bsdudes the:: testimony and evlderse upon which theappealIsla Jib besed ; 3 :i;jt: 37r CITYOFSOUTH MIAMI v. MIAMI DAILYBUSINESS REVIEW - HOTICEOFPUBUCHEARIHG r.a . Published Daily except Saturday, Sunday and Legal Holidays NOT SCEIS HEREBY given that the CllyCoriunl fonMgta`Cllyo7South s Miami, Miami -Dade County, Florida Mauol Florlda wet oondadt- PUbile Hudngs , at i s ;trcgWar City CommleNon meeiingsdreduledr,fori:Tusaday October:;17 =2�8 STATE OF FLORIDA beamng at 7:90 p aDn the City ComiriIIII I n Chambers .8130 Sunset COUNTY OF MIAMI -DADE: Drive t000nslde►thefdlbwhVfternw; Before the undersigned authority personally appeared AN ORDINANCE OF THE;NA$OR AND'CITY COMMISSION BOOKIE WILLIAMS, who on oath says that he or she is the OF THE CITYOF.SOUTH MIAMI FLORIDA; Rt?LATINGTOA j REQUEST.TOAMEIIDTHE OFFICIAL3.ONING MAP OFTHE : VICE PRESIDENT, Legal Notices of the Miami Dail Business CITY OF SOUTWMIAMP LAND DEVELOPMENT CODE BY Review f/k/a Miami Review, a daily (except Saturday, Sunda Y ( Pt Y Y : DESIONATING'A'SINGLE FAMILY RESIDENTW7BUILDING and Legal Holidays) newspaper, published at Miami in Miami -Dade LOCATED 'AT;615L S*63rd1ERRACEjAS AWHISTORIC .. County, Florida; that the attached copy of adverts ^,ement, SITE AND BY-PLACEM ENT OF AN :HISTORIC- PREBERVM being a Legal Advertisement of Notice in the matter of TION � OVERLAY 'ZONE 3 {HP•01l •'OVER a THE :- EXISTING -ZONNGUSE DISiRICT FORTHIS PROPERTY ,.PROVIDING.,....;; FOR' SEVERABILITY , : PROVIDING 'FORi,ORDINANCEB IN CITY OF SOUTH MIAMI CONFLICT ;AND PROVIDING ANEFPECTNEDATE;y4 )ht PUBLIC HEARING - OCTOBER 17, 2006 H �• AN ORDINANCE °OF, THE'NAYOR AND'OITi/ COMMISSION In the XXXX Court, OF THE CIiY OF'SOUTH NUMI, FLORIDA REIATMG TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OFTHE was published in said newspaper in the issues of CITY OF.SOUTH ;MUU I LAND DEVELOPMENL;CODE.,BY:;. a' DESIGNATING A SINGLE FAMILY RE8IDENTW :BUILDING . 10/06/2006 LOCATED AT M2S SW BSid COURT.pS AN.HI8TORIC SITE.h .ii . AND BY PLACEMENT= OFjAN :HNITORIC,PRESERVATION. ";:': ". OVERLAY: ZONE; (HP�tOVEWITHE, EX1ST1NG -ZDMNG`,— Affiant further says that the said Miami Daily Business USE DISTRICT FOR . PROPERTY;;PROYIDING FOR Review is a newspaper published at Miami in said Miami -Dade "SEVERABILJTY :::PROVIDING ,FOR; i'ORDINANCES' IN County, Florida and that the said newspaper has CONFLICT AND PROVIDINGAN EFFECT CON zt t heretofore been continuously published in said Miami -Dade County, OF THE MAYOR Florida, each day (except Saturday, Sunday and Legal Holidays) Y OF CITY O OF THE CITY OF SOUTH MUIMI, FLORA RELATINO;TO:> FLORIDA RELATIN03TN and has been entered as second class mail matter at the post THE ISSUANCE OF;A CERTIFICATE OF APPROPRIATE- office in Miami in said Miami -Dade County, Florida, for a ,-: NESS PURSUANT TO BECCfl71��fNI 2144II(EX.OF,THE LAND period of one year next preceding the first publication of the DEVELOPMENT., CODE; -0 .7HE:PiACEMEHT;OFyWALL._. attached copy of advertisement; and afiiant further says that he or SIGNS FOR MANARA.RESTAURANT;ON A,DESIGNATED` r she has neither paid not promised any person, fine or corporation HISTORIC BUILDING LOCATED AT.,.6WzS1jNSET,DRiVE any d count, rebate, commission or refund for the purpose (SHELLEYBUILDING); PROVIDING AN EFFECTIVE DATE of s ng this advertisement for publication in the said ne per. A RESOUITi& THE MAYOR AND CITY COMMI8SION , OF THE CRY OF SOUTH MIAMI, RELATING TOA REQUEST , -; • PURSUANT TO SECTION 20.10.6 OF THE LAND DEVELOP MENT CODE ,FOR'A- .SPECIA USE.; APPROVAL „TO INCREASETHEHEIGHTOFANE XISTINGSTEALTKCELLO. ,.1 LARANTENNA INSIDE THE CROSSONPROPERTY. LOCAT Swom to and subscribed before me this ED- AT:.6330 SW:r0th- *..STREET,WITHIN;THE .'Pr "PUBLIC 5 INSTITUTIONAL ZONING USE DISIMCT PROVIDING FOR 06 day of OCTOBER A.D. 2006 AN EFFECTIVE DATE., t L A RESOLUTION OF_THE MAYbk 3 CITY COMMISSION -OF THE.CITY OF.SOUTH MIAMI, FLORIDA, KFJ ATING,TO A REQUEST FOR TWO VARIANCES FROM SECTION 20.3.51 - (SEAL) Cheryl H Memter DDS38559 OF THE LAND DEVELOPMENT CODE;TO ALLOW THE:LOT SIZE:OF A,SUILDING SITETO BE,700S.SQUARE;FEET WHERE A MINIMUM LOT, SIZE:OF 7500 SQUARE FEET IS Commission BOOKIE WILLIAMS personallydk oExrte REQUIRED AND 0. FEET OF FRONWHERE75 FEET TAGE q F xpres July t8.2D03 iS REQUIRED; A VARIANCE FROM THE PARIGNG;SPACE . - DIMENSIONAL „ REQUIREMENT :GRAPHIC;; ^GF:i.SECTION - 20-4A OF;THE,LAND DEVELOPMENT CODE.TO PERMIT 2 „y „�_ A RESOL"dN OF THE MAYOR hNO +C.RY COMMISSION :” FEET 6 INCHES OF. ABUTTING - aANDSCAPE :ON :.THE a OF THE CI7YOFSOUTH MIAMI, FLORIDA ;RELATING'TOA NORTH;SIDE;,OF %THE PROPERTY.:WHEREi.St.FEET 18 y REQUEST.TO ALLOW#OR;:THE +CREATION,OFLOTS 1 r.ti' -. REQUIRED; ALL t3N PROPERTYLOCATED:AT7641 SW 62 AND "T ON PROPERTY SPECIFICALLY LOCATED ATSW ; .SSW 65TH.AVENUE, -SOUTH MIAMI, FLORIDA;WITHIN AN AVENUE, SOUTH M[Wi FLORIDA, i IMIN THE "RO' RESI - _ f DENTIAL OFFICE ZONING USE,DISTRICT;: THE PURPOSE RS -3 ROW DENSITY RESIDENTIAL ZONING DISTRICT' ASu OF THE, VARIANCES IS TO PERMIT THE CONSTRUCTION PERMITTEDSYPROWSIONSPERTAININGTO WANE a OF A TM,STORY OFFICE BUILDING AND PROVIDING ' -PLAT AS SET FORTH IN SECTION 30 Is2(B) OF THE SOUTH x FOR AN EFFECTIVE DATE M LARD.DEVE , MENTCODE AND:SECTiON.2C1 I - .. , . —. - - ^. •° __ —.- THE:MI MIDADECOUNTY .CODE; THE PURPOSEOF;THE, � WANEROPPLAT19TOALLOWFOR THE CONBTRUCTIONe < OF- A:SINGLE :FAMILY -HOME ON•;LOT 1 •:AND THE 1 • +:CAMSiSlIN^TIfl1a.rC AAWrbC CAUNV UfWC'/Lrrnr. i ... CLOC AND and Zoning DepadmenfsafOce at 2 lU-L rrderested parties aro Invited to r 1 cli Pur'siiant to Florida 8talutes`2ati: public that. If a person decides to Its mee0ng ar,heaft, heor,shevd0 need a reoord.0die.pmceedings,; and that for euch purpose, affected person.may need to, ensure that a verbatim.mcorcl of the proceeding! is made which'ecord bsdudes the:: testimony and evlderse upon which theappealIsla Jib besed ; 3 .7 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Nalidaya Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI•DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 In the XXXX Court, was published in said newspaper in the Issues of 10/27/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aftiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing tbleadvertisepeeW for publication in the said newspape Sworn to and subscribed before me this 27 dayof OCTOBER A.D. 2006 ..�— (SEAL O.V. FERBEYRE personally known to me Cheryl H Manner n My Commission 00338550 - 0±df Expires July 18, 2008. 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 2- 5 26.10 RELATING TO THE PARKING AND COMMITTEE; 6 PROVIDING FOR THE CONVERSION OF THE PARKING 7 COMMITTEE INTO A PARKING BOARD; PROVIDING FOR 8 APPOINTMENT, QUALIFICATIONS, DUTIES, AND TERM; 9 PROVIDING FOR SEVERABILITY; PROVIDING FOR 10 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE 11 DATE. .12 13 WHEREAS, the City of South Miami created section 2 -26.10 of the City of South 14 Miami code relating to the creation of a parking committee; and, 15 16 WHEREAS, the Mayor and City Commission desire to make the parking 17 committee into a parking board, which board shall be an advisory board; and, 18 19 WHEREAS, The City Commission recognizes its duty to provide sound 20 oversight for parking related issues in the City of South Miami; and, 21 22 WHEREAS, The City Commission benefits from expert counsel, independent of 23 appointed staff, in providing said oversight, and; 24 25 WHEREAS, therefore, the mayor and City Commission desire to create a 26 permanent parking board to consider parking related issues within the City of South 27 Miami. 28 29 NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 31 32 Section 1 The City of South Miami Code of Ordinances Section 2 -26.10 entitled 33 "Parking Committee," is amended to read as follows: 34 35 Sec. 2- 26.10. Parking board. iii 36 37 (a) Created. There is hereby created a parking eetee board for the city. Said 38 eommittee board shall consist of seven members. private eitizens. The seven 39 private eitizeas members shall include two commercial landowners, two 40 business owners and/or merchants, and three residents of the city. 41 42 (b) Appointment and terms of members. Board members Member -s of said 43 e-shall be appointed by the mayor with the advise and consent of the 44 city commission to two -year terms or until their successor is appointed. Additions shown by underlining and deletions shown by ever-strikiitg. I (c) Chair, vice - chair, and staff. The members shall elect the chair and vice -chair of 2 the eemwA#ee board. The city manager or designee shall serve as the executive 3 secretary to this semmi #__ee board. 4 5 (d) Quorum. A quorum shall be four members and an affirmative vote of a majority 6 of the members present shall be required to pass upon any matter the Knee 7 board recommends. 8 9 (e) Duties. Parking in the city must be developed and managed both as an element 10 of infrastructure critical to enhancing the city's tax base through economic 11 success of the city, and as an important amenity enhancing and protecting the 12 quality of life within the city. To that end, the duties of the board shall be as 13 follows: 14 (1) Meet at least once every three months. 15 (2) To provide oversight of the supply, convenience, safety, and 16 management of parking. 17 (3) The ewe board shall report to the city commission no less than 18 annually on the state of parking in the city and shall from time to 19 time make recommendations to the city commission for the changes 20 in the parking system, for the fees paid into the parking 21 infrastructure trust fund, and for the allocation of trust fund monies. 22 (4) The board shall function as an advisory board to the city commission. 23 24 (f) Previous ordinance. This ordinance shall supersede and replace section 20- 25 7.6(A) of the land development code, "Home -town District Parking Committee." The 26 former hometown district parking committee is hereby replaced by the parking 27 eeffffnia-ee board created by this section. 28 29 30 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 31 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 32 shall not affect the validity of the remaining portions of this ordinance. 33 34 Section 3. This ordinance shall be effective immediately after the adoption hereof. 35 36 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ADOPTED this day of , 2006 ATTEST: APPROVED: CITY CLERK 1 st Reading 2nd Reading READ AND APPROVED AS TO FORM: Luis R. Figueredo, Office of City Attorney, Nagin Gallop & Figueredo, P.A. Page 3 of 3 MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: MIAMI DAILY BUSINESS REVIEW Published Daaye pt Saturday. Sunday and _ Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who an oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, „ being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - NOVEMBER 7, 2006 In the XXXX Court, , was published in said newspaper in the issues of 10/27/2006 Af rant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a .period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any petson,firm or corporation any discount, rebate, commission or refund for the purpose of securing t ifadverfis a for publication in the said newspape Swom to and subscribed before me this 27 day of OCTOBER , A.D. 2006 62� 24 .r (SEAL O.V. FERBEYRE personally known to me - of Cheryl H Mourner 2 My ccmmrssiun DD338569 @ Expires July 18, 2008 South Miami a�i- ame��aen� • INCORPORATED •. CITY OF SOUTH MIAMI _ OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager kw From: Sanford A. Youkilis, Acting Planning Direct Date: November 7,2006 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO APPLICATION NO. 6 OF THE MIAMI -DADE COMPREHENSIVE DEVELOPMENT MASTER PLAN 2006 AMENDMENT CYCLE BY REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO DENY THE ABOVE THE STATED APPLICATION BASED UPON . ITS INCOMPATIBLITY WITH ABUTTING THE SINGLE FAMILY RESIDENTIAL COMMUNITY WHICH INCLUDES RESIDENTIAL HOMES WITHIN THE CITY OF SOUTH MIAMI; PROVIDING FOR AN EFFECTIVE DATE. Background: The Planning Department has been notified by Miami -Dade County an application to change the County's Comprehensive Plan Land Use Map is located within one block of a South Miami single family residential area. Application No. 6 was submitted by a group of property owners for a 7.8 acre area bounded by SW 57 Ave, SW 60 Street, SW 58 Ave, and SW 58 Terrace. The requested change is a Low/Medium Density Residential category (6- 13 units/ acre max,) to an Office/ Residential category (up to 25 units/ acre) plus office uses. The County Planning Department has recommended denial of the application stating that the higher residential density (multi- family) is not compatible with the surrounding residential areas. The County's Planning Advisory Board also recommended denial of the application. The next level of review is the Board of County Commissioners at their November 20, 2006 meeting. It would be appropriate for the City of South Miami to adopt a formal resolution on the application due to its incompatibility with surrounding single family homes. It is also important to point out that the subject block is within one of South Miami's priority annexation areas. Recommendation: It is recommended that the attached draft resolution be adopted. Backup Documentation: Resolution Excerpts from MD Planning Dept Report SAY P: \Comm Items\2006 \11- 7 -06 \MD Comp Pan Amend CM Report.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO APPLICATION NO. 6 OF THE MIAMI- 5 DADE COMPREHENSIVE DEVELOPMENT MASTER PLAN 2006 AMENDMENT 6 CYCLE BY REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO DENY 7 THE ABOVE THE STATED APPLICATION BASED UPON ITS INCOMPATIBLITY 8 WITH ABUTTING THE SINGLE FAMILY RESIDENTIAL COMMUNITY WHICH 9 INCLUDES RESIDENTIAL HOMES WITHIN THE CITY OF SOUTH MIAMI; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City of South Miami has been notified by Miami-Dade County that as part of the 14 2006 Comprehensive Development Master Plan Amendment Cycle that Application No. 6 (aka. Blue 15 Cloisters) was submitted by a group of property owners for a 7.8 acre area bounded by SW 57 Ave, SW 16 60 Street, SW 58 Ave, and SW 58 Terrace.; and 17 18 WHEREAS, the subject application to change the County's Comprehensive Plan Land Use Map 19 is located within one block of a South Miami single family residential area; and 20 21 WHEREAS, the subject application is requesting a change from the Low/Medium Density 22 Residential category (6-13 units/ acre max,) to an Office/ Residential category (up to 25 units/ acre) 23 24 WHEREAS, the Miami-Dade Planning Department and the Planning Advisory Board have 25 recommended denial of the application for the reason that the higher residential density (multi-family) is 26 not compatible with the surrounding residential areas; and 27 28 WHEREAS, the City of South Miami is concerned that the proposed multifamily development 29 would be detrimental to the City's single family residential areas located in the vicinity of this 30 application; and 31 32 WHEREAS, the Miami-Dade Board of County Commissioners will be conducting a public 33 hearing on this application on this application its November 20, 2006 meeting. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 36 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 37 38 Section 1: The City Commission of the City of South Miami respectfully requests the Miami- 39 Dade Board of County Commissioners to deny Application No. 6 (aka Blue Cloisters) which is a request 40 to change from the Low/Medium Density Residential category (6-13 units/ acre max,) to an Office/ 41 Residential category (up to 25 units/ acre) for the area bounded by SW 57 Ave, SW 60 Street, SW 58 42 Ave, and SW 58 Terrace. 43 44 Section 2: That a certified copy of this resolution be forwarded to the Miami-Dade Board of 45 County Commissioners and that representatives of the City of South Miami present this resolution to the 46 Board at the public hearing on November 20, 2006. 47 48 Section 3: This resolution shall be effective immediately upon execution. 49 1 (2) 2 3 4 5 6 PASSED AND ADOPTED this day of 2006. 7 8 ATTEST: APPROVED: 9 10 11 CITY CLERK MAYOR 12 13 READ AND APPROVED AS TO FORM: Commission Voter 14 Mayor Feliu: 15 Vice Mayor Wiscombe: 16 Commissioner Palmer: 17 CITY ATTORNEY Commissioner Birts: 18 Commissioner Beckman: 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 P: \Comm Items\2006 \11- 7 -06\MD Comp Plan Amend Resol.doc Application No. 6 'Commission District 7 Community Council 12 APPLICATION SUMMARY Applicant/Representative: Blue Cloisters, Inc., Red Rainbow Corporation and The Cloisters Investments, Inc./ Guillermo Olmedillo Location: The area bounded by SW 57th Avenue on the east; SW 60th Street on the south; SW 58th Avenue on the west and SW 58th Terrace on the north Total Acreage: 7.8 Gross Acres; 6.6 Net Acres Current Land Use Plan Map Designation: Low- Medium Density Residential Communities (6 to 13_DU /Ac) Requested Land Use Plan Map Office /Residential Designation: Amendment Type: Small -scale Existing Zoning /Site Condition: RU -2 (2- family Resid.), RU -4 (Apt. 50 u /a) and RU 5A (Offices) /Museum, 9 duplexes and a 81 -unit apt. RECOMMENDATIONS Staff: DENY (August 25, 2006) Kendall Community Council: TO BE DETERMINED Planning Advisory Board (PAB) acting as TO BE DETERMINED Local Planning Agency: Board of County Commissioners: TO BE DETERMINED Final Recommendation of PAB acting as TO BE DETERMINED Local Planning Agency: Final Action of Board of County TO BE DETERMINED Commissioners: Staff recommends: DENIAL of the proposed small -scale Land Use Plan Map amendment based on the Staff Conclusions located at the end of this report and summarized below: • A change to the Office /Residential land use designation on the Land Use Plan (LUP) map would allow a residential density of up to 25 units per gross acre based on the provisions in the CDMP text for this category that may allow a one- category increase in density over adjacent residential designations. A density of up to 25 units per gross acre on the western portion of the application site would not be compatible to the adjacent single - family residential area to the west, which is designated Low Density Residential Communities (2.5 to 6 dwelling units per gross acre) on the LUP map. The current designation, Low - Medium Density Residential Communities (6 to 13 dwelling units per gross acre), provides a buffer between the single - family area to the west and the Cloisters apartments building on the eastern portion of the application site. • The application states that a purpose for changing the land use designation is to facilitate the expansion of the Miami Art Central museum on the application site. However, museums are classified by the County's land use code as an institutional use. The text of the CDMP states that community- serving institutional uses may be approved where compatible in every urban land use category on the Land Use Plan map. The existing designation, Low - Medium Density. Residential Communities, is an urban category. Thus, a change in land use designation is not necessary to expand the museum. • The segment of Red Road `between SW 8 and SW 72 Streets, which provides the access to the application site, was declared in 1989 by the Florida Legislature (89 -383 Laws of Florida) as a State Historic Highway which requires that no funds shall be expended by any public agency for any purpose that would change or impact the historic character of the road, including changes to the location_ or physical dimensions of the existing roadway, median strip or adjacent lands. April 2006 Cycle 6 -2 Application No. 6 , ,. � APPLICATION NO.6 CDMIP LAND USE PLAN +cbmp LAND USE RESIDEN MAL COIN1uttlNITIES SSTATE OENSiTY RESIDENT7At. (EDR} 1 TO 2.5 DUtAC LAW DENSITY RESIDENTIAL. (LDR) 25 TO 6 DWAC LOWMEDtUM DENSITY iiESiDENTL4L (LMDR) 6TO t3 DUTAC INS'T'ITUTIONS, UTiu- nESAND. COI+AMUNICATIONS MINOR ROADWAY$ (2 LANES) N 0 CLO5 0A 0-2 memm Win SOURCE:MAM MDE COUNTY, DEPARTMENT OF PLANNING, AND ZONING. AUGUST 3008 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER South Miami krftsd *1 .--1, a�u- amer�icac; cam- ' � ®f ` INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Plannintirector Date: October 17, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Request: The historic designation of a commercial building at 5850 Sunset Drive is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. The building's original construction date was 1923. The building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins. The attached designation report describes the significance of the property (p. 7). The Historic Preservation Board at its August 28, 2006 meeting reviewed the Designation Report, conducted a public hearing, and adopted a motion by a vote of 5 ayes 0 nay recommending that the historic designation be approved. The Planning Board at its September 25, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nay recommending that the historic designation be approved. Recommendation: It is recommended that the historic designation and the placement of an "HP-OW district over the existing zoning district for the building at 5850 Sunset Drive be approved on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report, 9 -25 -06 Designation Report Excerpt Historic Preservation Board Minutes 8 -28 -06 Excerpt Planning Board Minutes 9 -25 -06 Mail Notice to applicant Public notices SAY P: \Comm Items \2006 \10 -17 -06 \5850 Sunset HP -OV CM report.doc 1a4 1 a ptd ? ?ORATED 1927 r &' �_ {> R A V, South Miami All- America C' 1 2001 Planning Department City of South Miami i 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 27, 2006 CERTIFIED MAIL Ms. Mary Anderson ualakis Korros Andro , Inc. 6335 SW 116 Street Miami, FL. 33156 -4813 RE: Planning Board Item No. PB -06 -026 Historic Designation- 5850 Sunset Dr. Dear Ms. Anderson: This communication is to inform you that the above item submitted by the Historic Preservation Board concerning the historic designation of your property located at 5850 Sunset Drive is now in ordinance format and is scheduled for first reading at the November 7, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. There is no public discussion at the first reading of an ordinance, however, you are encouraged to attend the meeting. The second reading and public hearing on the proposed designation is tentatively scheduled for the November 28, 2006 City Commission meeting. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a,property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305 -663 -6325. Sincer yours, ,f- S ford A. Youki is, AICP Acting Planning Director SAY P: \Comm Items\2006 \11- 7- 06\Applicant's Notice 5850 Sunset.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB -06 -026 was submitted to the Planning Department by the Historic Preservation Board said application requesting to amend the official zoning map of the City of South Miami by overlaying an "HP -OV" Historic Preservation Overlay zoning district for property identified as 5850 Sunset Drive.; said property is legally described as Lot 16, W.A. Larkins Subdivision, as recorded in Plat Book 3, page 198 of the Public Records of Miami -Dade County, Florida; and, WHEREAS, the Historic Preservation Board at its August 28, 2006 meeting reviewed the Designation Report for 5850 Sunset Drive and recommended that the proposed site be designated historic; and, WHEREAS, the proposed historic designation and rezoning is consistent with the goals and policies and the future Land Use Map of the City of South Miami Comprehensive Plan; and, WHEREAS, on September 25, 2006, after public hearing regarding the application of the HP- OV zoning to 5850 Sunset Drive Avenue, the Planning Board recommended approval by a vote of 7 aye and 0 nay; and, WHEREAS, the City Commission desires to accept the recommendations of the Historic Preservation Board and the Planning Board and enact the aforesaid HP -OV zoning. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City's Official Zoning Map shall be amended by placing the Historic Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for property identified as the D.J. Red Building located at 585.0 Sunset Drive said property legally described as Lot 16, W.A. Larkins Subdivision, as recorded in Plat Book 3, page 198 of the Public Records of Miami -Dade County, Florida. Section 2 . That the Designation Report for the building at 5850 Sunset Drive as prepared by the South Miami Planning Department is identified as Attachment "A" and is attached to and made part of this ordinance. Section 3. The Design Review Guidelines set forth in the Designation Report for the building at 5850 Sunset Drive and the provisions contained in the Land Development Code pertaining to review of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 building permits, certificates of appropriateness, and demolition are applicable to the property at 5850 Sunset Drive. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of October, 2006 ATTEST: APPROVED: CITY CLERK 1 St Reading — 2nd Reading — READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A., Office of City Attorney Attachments Attachment "A" Designation Report for 5837 Sunset Drive MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe Commissioner Palmer: Commissioner: Birts: Commissioner Beckman: P: \Comm Items\2006 \10- 17- 06\PB -06 -026 HP -OV J D Red Build Prop Ord..doc To: Honorable Chair & Planning Board Members From: Don O'Donniley Planning Director PB -06 -026 Applicant: City of South Miami Location: 5850 Sunset Dr. South Miami AN-AmedcaCrty 2001 CITY OF SOUTH MIAMI Date: September 25, 2006 RE: LDC Map Amendment —HP-0`V (Historic Designation) 5850 Sunset Dr. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH M AlVII LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL BUILDING LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABMITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Historic Preservation Board at its August 28, 2006 meeting reviewed an historic designation report for the a commercial building located at 5850 Sunset Drive. Following a public hearing, the Board adopted a motion recommending that this building be'designated an historic site. APPLICABLE REGULATIONS The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is super- imposed as an overlay over the existing underlying use zone. The procedures in the LDC requires the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. The current LDC provides the following regulations on the historic designation process (Section 20- 5.17(E)): "(E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OV" Historic Preservation A LDC HROV Rezoning September 25, 2006 (2) Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review shall be pursuant to the provisions set forth in Section 20 -5.5, "Applications requiring public hearings ". The recommendation of the Planning Board on the proposed designation shall be transmitted to the City Commission. " 5850 Sunset Drive The historic designation of a commercial building at 5850 Sunset Drive is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. The building's original construction date was 1923. The building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins, which grew largely because of a relatively small group of early leaders The designation of an historic site requires that the Historic Preservation Board approve a Designation Report which sets forth the history of the building and the architectural significance. Attached to this staff report is the Designation Report which was approved by the Board at its August 28, 2006 meeting by a vote of 5 ayes 0 nays. The report contains a detailed history of the building and includes photographs. The attached designation report describes the significance of the properties (pp.5, 6,7). STAFF OBSERVATIONS (1) The D.J.Red Building is one of six buildings identified as a "contributing building" in the Hometown District Plan and Overlay District. (2) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources .........99 (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (p -9) which establishes architectural guidelines for the review of future certificates of appropriateness. LDC HP -OV Rezoning September 25, 2006 (3) (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD -OV) Specialty Retail, Hometown District Overlay ) zoning district. RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 5850 SW Sunset Drive be approved. Attachments: Designation Report Public notices DOD /SAY 40V---- P:\PB\PB Agendas StaffReports\2006 Agendas Staff Reports \9- 25- 06\PB -06 -026 5850 Sunset HP -OV Report.doc THE FORMER D.J. RED BUILDING AT 5850 SUNSET DRIVE SOUTH MIAMI, FLORIDA Designation Report Prepared by: Antolin G. Carbonell with Ellen J. Uguccioni, Cultural Resource Consultants City of South Miami Planning Department 6900 7001 S SW 71 ST ST ° m 0 �r f " CO ego .J "XI 6022 7410 L' 7440 7500 Os" City of South Miami HP -06 -004 Designation of Property as an Historic Site 5850 Sunset Drive 5950 ffi 6845 5907 � ay +, �'fG¢ r' • g'1rO r" \ S >s ;�? ''N r" - ■ ,,fir CO SW 70TH ST _iyr '.y ■ f Jr CD 1 N UBx7ECiTr:` �I PE TY W E j S ' x38931 ■ SW 72ND ST SUNSET Di r5829 29 5800 5859 7230 5795 5940 IW 7301 7331 5824 frr 101- ° 7320 ° 7311 o Q 7311 oh° 7321 ^ F=- 5795 7320 7321 ^ ■ 5901 L7 5791 7331 7390 i n 5950 fC- i � J III I 5j I o ° 0 5901 5875 5801 I40 ' ■ ■ , ■ SW 74TH TER 7420 156 560 i N n ° 7420 LO _ ■ 5890 5800 - - -jj ■ Cl) 58° ° 5730 1� °o � � � n I 7450 ■ 511 7`•>b0 7515 7500 7505 7600 7520 7500 ' 40 ■ 0 100 200 300 600 900 1,200 1,500 Feet TABLE OF CONTENTS General Information .................. ............................... 4 Statement of Significance .......... ............................... 5 History...................................... ............................... 5 Contextual History ..................... ............................... 6 Architectural Distinction ............. ............................... 7 Eligibility Criteria ........................ ............................... 8 Design Review Guidelines .......... ............................... 9 Bibliography.......................... ............................... 10 Photographs.......................... ............................... 11 City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 3 I. GENERAL INFORMATION Historic Name: The D.J. Red Building 126 Sunset Drive Current Name: 5850 Sunset Drive Location: North Half of the Northeast Quarter of the Northeast Quarter of Section 36, Township 54 South, Range 40 East Present Owner: Androulakis Korres, Inc. 6335 SW 116th Street Miami, Florida 33156 -4813 Present Use: Commercial- Mixed Use Zoning District: Commercial- Medium Intensity Tax Folio Number 09- 4036- 022 -0120 Boundary Description Lot 16 , W.A. Larkins Subdivision, as recorded in Plat Book 3, Page 198 of the Public Records of Miami -Dade County, Florida City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 4 SIGNIFICANCE Specific Dates: Original Construction: c. 1923 Rear Addition: mid -1940s Retail area Subdivided: 1948 Restaurant equipment installed: 1962 Restaurant Remodeling: 1984 Restaurant Remodeling: 1995 Original Architect: Unknown Original Builder / Contractor: Unknown Statement of Significance The building at 5850 Sunset Drive is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s, and is associated with a community that was just beginning to develop. D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins, which grew largely because of a relatively small group of early leaders. History The Plat for the W.A. Larkins Subdivision was recorded on June 28, 1915, making it among the first of nine recorded subdivisions in South Miami. This subdivision consisted of almost eight square blocks stretching from S.W. 59th Avenue (Pear) on the west; to S.W. 57th Avenue (Banana) on the east; and from Sunset Drive (County Road) on the north, to S.W. 74th Street (Pine) on the south. The subject property is located on southwest corner of Sunset Drive and S.W. 58th Court (County Road and Mango Street). The Miami -Dade County Property Appraiser's office lists the building's construction date as 1923: While not always correct, the county's records in this case are deemed to be accurate to within a few years. Not only was the plat filed in 1915, but a photograph dated c. 1925 illustrates the building in the background. That photograph is located in the Paul Tevis' manuscript of South Miami's History, and while the quality of the copy is not the best, the building is clearly a part of the photograph. The first definitive evidence about the building occurs in September 1940. City Directories indicate that Mrs. Sudie Red lived at this address, until as late as 1944. An interior permit for remodeling dated 23 September 1940, also lists Mrs. Sudie Red as the owner. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 5 The Red family moved to the Town of Larkins from Oklahoma after the construction of the Florida East Coast Railroad, around 1914. They settled on the outskirts of town, where Red Road crosses Snapper Creek, built a home and began growing tomatoes. The Reds had two sons, Jesse and Ray, and one daughter, Josephine. An older daughter remained in Oklahoma. The 1930 census lists D.J., wife Sudie, and son Jesse all as residents of South Miami. D.J. Red was elected to the South Miami City Council on April 23, 1931 and served until August 15, 1932 when he resigned to become City Clerk. Mr. Red served as City Clerk until March 3, 1936 when he was replaced by Mrs. Sylva Martin who had been Assistant City Clerk since March 1931. After Mr. and Mrs. D.J. Red died, their son Jess Red inherited the property, he added a rear addition fronting onto S.W. 58th Court that, was leased to various automobile, paint and body shops through the 1950's. (There is no surviving building record for this addition). In 1948, the ground floor retail area fronting onto Sunset Drive was divided into three storefronts, and given separate street addresses. Mr. Red made other improvements to the property before selling it to Mr. George Andrews who installed a restaurant kitchen in the westernmost of the storefronts in 1962 for the Waffle Shop. Other retail operations occupied the other two storefronts until 1984 when the entire ground floor was remodeled for JJ's American Diner. The entire facility was again remodeled in 1995 for the current restaurant operator. Contextual History: During the late 1880s, South Miami was little more than a pioneer enclave of settlers who established homesteads in the area. When Henry Flagler's Florida East Coast Railway built an extension from Miami to Homestead in 1904, with South Miami (then known as The Town of Larkins) as a stop along the way, the community was poised for its development. By 1917 the population of the town had reached approximately 350. By July 1918 nine plats had been filed, four of them east of the railroad and five of them to the west. Much of the land remained in agricultural use. In March 1926, sixfy -nine qualified voters within the proposed corporate limits met to change the name of their town from Larkins to the City of South Miami. At that time the boundaries, which covered approximately six square miles, were: Red Road on the east; Ludlum and Palmetto Road on the west; Bird Road and Miller Road on the north, and SW 104th Street and North Kendall Drive on the south. During the 1920s all of South Florida was caught up in the frenetic activity of the Florida Land Boom. South Miami was no exception. During these flamboyant times there were several buildings of consequence constructed in South Miami City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 6 including the Methodist Church and the Riviera Theater (demolished.) By 1927, the real estate boom had abruptly ended, and the state of Florida entered into an economic depression even before the rest of the nation, when the Stock Market collapsed in 1929. In 1933, the City's population increased to 1,500 residents, but the corporate limits of the city were reduced to an area of approximately four square miles. III. ARCHITECTURAL DISTINCTION The style of this two story rectangular building constructed c.1923 is best described as Mediterranean Revival, an eclectic design based on prototypes from Spanish, Italian and Moorish architecture. The design was hugely popular during the 1920s Real Estate Boom, and came to characterize the region. The designs often featured irregular plans, courtyards, flat roofs or combinations of roof slopes in residential construction, and ornament concentrated around doors and windows. The principal roofing material was a clay or terra cotta barrel tile. The D.J. Red Building was designed for a ground floor retail operation with living quarters on the second floor, and continues to function in this fashion. The building is similar to the design of the Dorn - Martin drugstore located just west of this site at 5900 Sunset Drive, constructed c. 1925. Like the Dorn - Martin Drugstore, the building is constructed of masonry, with large expanses of stucco wall area. The embellishment of the Dorn - Martin Drugstore is concentrated on the curvilinear parapet that is flanked by a single row of the coping. In the D.J. Red Building, the parapet rises in the center forming a triangular pediment, which is flanked on either side by the coping. The elevations terminate on either end with the parapet rising to the height of the pediment's peak, in a straight line. The windows are replacements, probably dating to the 1984 remodeling. There is no record of the original appearance of the ground floor. Aerial photographs from the 1940's indicate that there were doors and windows fronting S.W. 58'h Court but the scale and quality of the photograph do not give a clear picture. The rear addition had a bow - shaped roof terminated in a rounded masonry gable with a single garage door flanked by windows. The exterior masonry staircase on the west side is the only original ground floor architectural element. Alterations During the mid 1940's a one -story addition to house an automotive shop was built on the south side. This addition was combined with the ground floor of the main building during the 1980's into a single space that housed a restaurant, and was then subsequently divided for two separate restaurants. The ground floor City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 7 retail space was divided into three stores in 1948 and restaurant equipment was installed in the westernmost of these bays in 1962 for the Waffle House Restaurant. Since that date, there has been a restaurant business in continuous operation at this location. The 1984 and 1995 alterations changed the ground floor openings and added a corner entry. The bow - shaped roof of the rear addition was leveled to accommodate roof - mounted equipment with the east gable squared off and the distribution and shape of openings in that elevation completely altered. Despite these changes, the second floor openings, the parapet, and west exterior staircase remain close to the original. While the ground floor openings of the main building have been changed, the remaining wall portions still have the original stucco finish and the ornamental light fixtures along S.W. 58th Court, which maintain the style and spirit of the 1920's. Eligibility for Designation The proposed designation of the building at 5850 Sunset Drive, meets the following criterion contained in the South Miami Land Development Code, Section, 20.4.9 "Historic Preservation Standards ": (a) Districts, sites, structures and objects of national, state and local importance are of historic significance if they possess integrity of location, design, setting, materials, workmanship, feeling and association and: (b) Are associated with events that have made a significant contribution to the broad patterns of our history, and: (c) Are associated with the lives of persons significant in our past, and: (d) Embodies the distinctive characteristics of a type period, method of construction or work of a master; or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction Therefore, the building at 5850 Sunset Drive is recommended for local historic designation. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 8 MR Design Review Guidelines In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designated historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA.) The COA is issued after a review by the Historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. In order to assist in the review process for the building at 5850 Sunset Drive the following design guidelines should be consulted. General The Secretary of the Interior's Standards for Historic Preservation Projects with Guidelines for Applying the Standards (1979) as may be amended. Specific: • Two story height • Parapet wall that peaks in the center with a pediment flanked on either side by a single row of coping, on the east and north elevations. • Prominent masonry sills below the windows of the second floor, east and north elevations • Rectangular stucco ornamental frame in relief, immediately below the parapet on the north elevation. • Exterior masonry staircase on west elevation. • Regularly- spaced rectangular window openings on the second floor of the north and east elevations. City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 9 BIBLIOGRAPHY Building Permits, City of South Miami, Planning Department Census of the United States of America, 1930 Greater Miami City Directory, R.L. Polk and Company, Publishers 1941, 1942 and 1944 Greater Miami Suburban Directory, R.L. Polk and Company, Publishers 1945 -1946, 1947, 1955, 1959, 1963, 1966, 1970 and 1975 Hollingsworth, Tracy. The History of Dade County, Florida (Coral Gables: Glade House) 1949. Plat for the Pines Subdivision, dated January 1925. City of South Miami, Planning Department Redding, Susan Perry. "South Miami" in Miami's Historic Neighborhoods (Miami :Dade Heritage Trust) 2001 pp. 109 -11 Taylor, Jean. Villages of South Dade.(St. Petersburg: Byron Kennedy and Company) 1985 ? Tevis, Paul U. History of South Miami, manuscript n.d. ( 1971 ?) City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 10 1� i40.� P . " L y J Figure 3 View of West Side City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 12 - - - - - - - - - - - -- -- -- City of South Miami Historic Designation Report for THE D.J. RED BUILDING 5850 Sunset Drive Page 13 - , -T -,. 11-11- . -t-,r I � -�� , � � .. � �� . � �,,. • INCORPORATED 1927 A �t O R t' CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD REGULAR MEETING SUMMARY MINUTES Monday, August 28, 2006 City Commission Chambers 3:30 PM EXCERPT I. Call to order Action: Ms. Clyatt, Chair called the meeting to order at 3:31 p.m. II. Roll Call Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Ms. Chael, Mr. Ruiz de Castilla, Mr. Kurtzman and Ms. Shelley. Board members absent: Mr. Cooke - Yarborough and Ms. Dison. City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), and Patricia E. Lauderman (Board Secretary). VI. Public Hearing on Historic Designations (a) HPB -06 -007: 5850 Sunset Drive (D.J. Red Building) (continuation from 7/31/06) Staff informed the Board that at the meeting of July 31, 2006 the consultant presented the designation report to the Board. At that meeting staff and Board agreed to carry over the item in order to allow the owners of the building enough time to prepare any type of response in regards to the designation. Ms. Anderson, one of the owners of the building clarified that if the property were designated the property would be entitled to the tax exemption for exterior improvements that contribute to maintaining the property historic. Staff explained that the 10 year moratorium would be applicable to exterior improvements and the advantage of the tax exemption is that the owner would be taxed at the pre- improvement level /value. Staff also indicated that with the property being designated the building would be exempt from parking requirements. The applicant was pleased to hear the information regarding parking requirements and indicated her approval of the designation. Motion: Mr. Ruiz de Castilla motioned for approval to designate historical the property at 5850 Sunset Drive. Mr. Kurtzman seconded the motion. Vote: Approved 5 Opposed 0 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, September 25, 2006 City Commission Chambers 7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:37 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, Ms. Lahiff, Ms. Yates and Mr. Farfan. Board members absent: None City staff present: R. Don O'Donniley, AICP (Planning Director), Sanford A. Youkilis, AICP (Planning Consultant), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). V. Planning Board Applications / Public Hearing PB -06 -026 Applicant: City of South Miami Location: 5850 Sunset Drive AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING THE D.J. RED BUILDING A COMMERCIAL STRUCTURE LOCATED AT 5850 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP -OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. anarg I Eaa+lrei Planning Board Meeting September 25, 2006 Page 2 of 3 Action: Staff explained that the Historic Preservation Board at its August 28, 2006 meeting reviewed the historic designation report for the commercial building located at 5850 Sunset Drive. Following a public hearing, the Board adopted a motion recommending that this building be designated an historic site. Staff also noted that the Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. In this case, the "HP-OW Historic Preservation Overlay zoning district is super - imposed as an overlay over the existing underlying use zone. The historic designation of a commercial building at 5850 Sunset'Drive is part of series of downtown buildings recommended for designation by the Historic Preservation Board. As stated in the designation report, Mr. O'Donniley noted that the building is a rare surviving example of an architecture that belonged to the Florida Real Estate Boom of the 1920s. Additionally, it is associated with a community that was just beginning to develop D.J. Red and his family was one of the first of the pioneering settlers to the Town of Larkins. At this point, Mr. O'Donniley provided the following staff observations: (1) The D.J. Red Building is one of six buildings identified as a "contributing building" in the Hometown District Plan and Overlay District. (2) The designation report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site /district designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the Comprehensive Plan: • Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........." (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (p -9) which establishes architectural guidelines for the review of future certificates of appropriateness. (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD- OV) Specialty Retail, Hometown District Overlay ) zoning district. Recommendation : Staff recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building located at 5850 Sunset Drive be approved. Public Hearings: Chair Morton opened the public hearing. No one spoke on this item. Planning Board Meeting September 25, 2006 Page 3 of 3 Chair Morton closed the public hearing. Mr. Morton asked if the owner of the residence was present at this meeting. Mr. O'Donniley replied the Ms. Mary Anderson (owner of the building) was not present; however, Ms. Anderson supported the historic designation. Motion: Ms. Yates moved to recommend approval of the designation report. Ms. Lahiff seconded the motion. Vote: Approved 7 Opposed 0 K:\PB\PB Minutes\2006 Minutes\PB MINS 9- 25- 06.doc Planning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 (0) 305- 663 -6326 (F) 305- 668 -7356 October 6, 2006 Ms. Mary Anderson Androualakis Korros, Inc. 6335 SW 116 Street Miami, FL. 33156 -4813 South Miami Alli• C"ly 2001 CERTIFIED MAIL RE: Planning Board Item No. PB -06 -026 Historic Designation- 5850 Sunset Dr. Dear Ms. Anderson: This communication is to inform you that the above item submitted by the Historic Preservation Board concerning the historic designation of your property located at 5850 Sunset Drive is now in ordinance format and is scheduled for first reading at the October 17, 2006 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. There is no public discussion at the first reading of an ordinance, however, you are encouraged to attend the meeting. The second reading and public hearing on the proposed designation is tentatively scheduled for the November 7, 2006 City Commission meeting. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that the final sub - section (F)(3) states that a property owner may file a written objection to the designation which would require a 4/5 vote of the City Commission for approval. If you have any questions, please feel free to call me at 305- 663 -6325. Sincerely yours, r i 7 S ford . Acting Planning Director SAY P: \Comm Items\2006 \10- 17- 06\Applicant's Notice 5850 Sunset.doc 20 -5.17 Designation of historic sites. (A) Report Required. Prior to the designation of an individual historic or archeological site, an investigation and formal designation report must be filed with the Historic Preservation Board. (B) Historic Preservation Board Recommendation. The Historic Preservation Board shall make recommendations to the City Commission concerning all properties proposed as historic sites, districts or archeological zones. (C) Proposals and Preliminary Evaluation and Recommendation. (1) Application for designation of individual properties and districts may be made to the Planning Department by any member of Ahe Historic - Preservation Board, the Environmental Review and Preservation Board, the City Commission, the' City administration or the property owner(s) of the subject property for designation. (2) The Historic Preservation Board shall conduct a preliminary evaluation of available data for conformance with the criteria set forth herein and may direct the preparation of a formal designation report by one. of the members of the board. The Historic Preservation Board ,may then meet as a body and develop recommendations to transmit to the City Commission regarding designations. (D) Historic Preservation Board Findings. (1) If the board finds that the proposed designation meets the intent and criteria set forth in this Code, it shall transmit such recommendation to the Planning Board and City Commission with the designation report and any additions or modifications deemed appropriate. (2) If the board finds that the proposed designation does not meet the intent and criteria in this Code, no further action shall be required, except.that the board's action may be appealed in accordance with the provisions of this Code. (E) Planning Board Review. (1) Following a favorable recommendation by the Historic Preservation Board, a proposed designation shall be implemented by the adoption of an "HP -OW Historic Preservation Overlay zone for the property set forth in the historic designation report. (2) The Planning Board shall determine if the designation is compatible with the goals and policies of the Comprehensive Plan, and if the proposed historic site and/or district regulations would change any existing zoning district regulations such as, for example, permitted use, height, floor area ratio, yard setbacks or off - street parking. The review PROCEDURES AND APPLICATIONS shall be pursuant to the provisions set forth in Section 20 -5.5, Applications requiring public hearings. The recommendation of the Planning Board on the proposed desig- nation shall be transmitted to the City Commission. (F) City Commission Public Hearing. (1) Public. Hearing Requirement.. The City Commission shall hold a public hearing, pursuant to the provisions set forth in Section 20- 5.5(G) and notice requirements of subsection (2) and as required by the provisions of the City Charter, on each proposed designation within sixty (60) calendar days of the recommendation by the Historic Preservation Board and/or the filing of the completed designation report. (2) Notice Requirement. At least ten (10) calendar days prior to the public hearing for each proposed designation of an individual site, district or zone, the Planning Director shall mail a copy of the designation report to the owner at the address listed on the most recent tax rolls as notification of the intent of the City Commission to consider designation of the property.. (3) Objections. Upon notification, any owner of a property proposed for individual designation who wishes to object shall submit to the City Clerk's Office a notarized . statement certifying the objection to the designation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South Miami recognizes that a key function of government is sound fiscal management and careful budget preparation in order to be able to provide a high level of municipal services to its residents and businesses; and WHEREAS, the preparation of the City's budget is a highly specialized area of endeavor requiring expertise and/or experience which is normally limited to professionals within the financial management, accounting, auditing and municipal management fields; and WHEREAS, The City Commission recognizes its duty to provide sound oversight for adoption of an annual budget and of appointed staffs' administration of city operations, and; WHEREAS, The City Commission benefits from expert counsel, independent of appointed staff, in providing said oversight, and; WHEREAS, the City Commission desires to extend the length of service on the Committee to ensure the Committee's ability to complete all assigned tasks; and, WHEREAS, The City Commission also recognizes the lawful non - interference provisions of the City Charter and the City Manager's contract. NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City of South Miami Code of Ordinances Section 2 -26.8 entitled "Budget and Finance Committee," is amended to read as follows: Sec. 2 -26.8. Budget and Finance Committee. (a) Name. There is hereby created a Budget and Finance Committee. The committee shall consist of no more than five members. (b) Purpose. The purpose of the committee is to provide advice and recommendations to the City. Commission regarding the adoption and implementation of financially sound annual budgets and investment policies. To accomplish this purpose, the committee is charged with reviewing and evaluating the draft proposed budget, the City's investments, employee pension and other retirement accounts examining ways to preserve existing revenue sources and exploring additional funding sources; - giving advice to the City Commission on projected earnings of investments and desirable or necessary further investments, revenue, expenditures and strategic planning (which includes analyzing existing service levels and determining sufficiency and appropriateness). The Committee shall also review the annual comprehensive audit report. Additions shown by underlining and deletions shown by ^•�°ro, g 1 (c) Membership, terms. Members of the committee shall be appointed by the Mayor as 2 provided for by the City Charter. The Mayor shall attempt to include representatives of the local business 3 community, residents, and accounting and finance experts, in the membership of the committee. The 4 initial appointments to the committee shall be for a term that expires on . Appointments to 5 fill any vacancy on the committee will be for the unexpired term. The City Manager or designee may 6 serve as an ex officio member of the committee. 7 8 (d) Meetings, quorum. Regularly scheduled meetings shall be held at least quarterly at city 9 hall at a convenient time to be decided by the committee members. The members may change the place 10 and time of a particular meeting by motion and a vote of the majority of members present at a regularly 11 scheduled meeting. A majority of the members in good standing shall constitute a quorum necessary to 12 hold meetings and take action. Additional special meetings may be scheduled and notice shall be given, 13 as provided in the city code for special meetings of the city commission; provided, however, that 14 scheduling special meetings shall require the vote or written request of a majority of the members. The 15 committee shall appoint a chairperson and a vice chairperson. The chairperson shall conduct all 16 meetings. In the absence of the chairperson, the vice chairperson shall conduct the meeting. All meetings 17 shall be properly noticed, open to the public and minutes shall be kept by recording and in written form. 18 Members shall serve without compensation. 19 20 (e) 4dministrative assistance. The City Manager or designee shall provide the committee 21 members with copies of quarterly and annual financial reports for the general budget and retirement 22 accounts as soon as they are available following the close of the quarter and the fiscal year. The annual 23 audit report and the proposed budget shall be delivered to the committee members not later than the date 24 they are delivered to the city commissioners. The Committee's reasonable requests for ledgers and other 25 account reports shall be made to the City Manager or designee and shall be provided to the Committee in 26 a timely manner. The City Manager or designee shall provide assistance to the committee, provided that 27 all requests are submitted in writing. Should the City Manager find any Committee request for 28 information or assistance unreasonable or disruptive to the normal operations of the City, the City 29 Manager may deny the request, providing to the Committee written grounds for the denial. The 30 Committee may, upon a majority vote, appeal the City Manager's denial to the City Commission. 31 32 (f) Reports. The committee shall prepare a report of its budget and finance review to the 33 City Commission at or before the first public hearing in accordance with subparagraph 1(b). 34 35 (g) Sunshine laws. All meetings of the committee and of any two or more persons appointed 36 to the committee are subject to the Florida Sunshine Law requirements for notice and public meeting. All 37 documents, including email communications, prepared by the committee or a committee member are 38 public records. 39 40 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held 41 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of 42 the remaining portions of this ordinance. 43 44 Section 3. This ordinance shall be effective immediately after the adoption hereof. 45 46 47 Additions shown by underlining and deletions shown by everst 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED AND ADOPTED this day of November, 2006. ATTEST: CITY CLERK I st Reading 2nd Reading READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A., Office of City Attorney APPROVED: u: •, COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Additions shown by underlining and deletions shown by everstfil i South Miami AO- AmericaCin •� CITY OF SOUTH MIAMI ' INCORPORATEQ � 192tpA OFFICE OF THE CITY MANAGER R INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Direct o //7 Date: November 7, 2006 r ITEM No. Subject AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Background The City Commission on March 7, 2006 adopted Ordinance No. 09 -06 -1877 amending the Land Development Code in order to establish requirements and standards for the installation of permanent generators (Section 20- 3.6(T). In the past several months it was discovered that one criteria in the City's Land Development Code concerning the location of the generator was not consistent with the Florida Building Code. The criteria is the requirement that generators (and generator exhaust) be located at least five feet from any window, door or other opening. The Florida Building Code in Sections 401.5.1 and M 1602 (1)(2) both mandate that intake openings (windows, doors, other openings) must not be located within 10 feet of any hazardous or noxious contaminants. (Attached). The Planning Board at its October 10, 2006, after public hearing, voted 5 ayes 0 nays to recommend that the LDC Section 20- 3.6(T)(D)(4) pertaining the location of a generator be revised to read " be placed 10 feet from any window, door, or opening into the dwelling. " Recommendation: Following the Planning Board's meeting several members of the Administration have suggested that instead of a specific distance the amendment should read "located at a minimum distance... as set forth in the Florida Building Code ", so that City's LDC will not have to be changed if the Florida Building Code is revised. It is recommended that the proposed amendment with the revision stated in the previous sentence be approved on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report 10 -10 -06 Excerpt Planning Board Minutes 10 -10 -06 SAY R \Comm Items\2006 \11 -7 -06 \LDC Tech Amend CM Report.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission on March 7, 2006 adopted Ord. No. 09 -06 -1877 amended the Land Development Code to create Section 20- 3.6(T) establishing requirements and standards for the installation of permanent generators; and WHEREAS, it has been determined that one criteria in the City's Land Development Code concerning the location of generators was not consistent with the Florida Building Code.; and WHEREAS, the City's Land Development Code requires that generators (and generator exhaust) be located at least five feet from any window, door or other opening, however, the Florida Building Code in Sections 401.5.1 and M1602 (1)(2) mandates that intake openings (windows, doors, other openings) must not be located within 10 feet of any hazardous or noxious contaminants; and WHEREAS, in order to assure that residents and applicants do not submit plans which will not be accepted, t is proposed that subparagraph Section 20- 3.6(T)(D)(4) be amended to read "as set forth in the Florida Building Code"; and WHEREAS, the Planning Board at its October 10, 2006 meeting, after public hearing , approved a motion by a vote of 5 ayes 0 nays recommending that the proposed Land Development Code technical amendment pertaining to the location of generators be adopted; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20- 3.6(T)(D)(4) of the Land Development Code is hereby amended to read as follows: "(D) Criteria (1) Location. Permanent generators shall only be permitted on improved property with a principal structure and installed behind the front fagade of the structure. (2) Setbacks. The generator shall be installed a minimum of 12.5 feet from the side and rear property lines. (3) Noise. The maximum noise output from the generator cannot exceed 65dB (decibels) at the minimum setback. (4) Emissions. (a) Generator shall be located at a minimum distance ' away from any window, door, or other opening into the dwelling as set forth in the Florida Building Code. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 2 (b) Generator's exhaust shall be located at a minimum distance away . from any window, door, or opening into the dwelling as set forth in the Florida Buildinz Code, and a minimum of 15 feet from any window, door, or opening of adjacent properties. (c) A battery - powered carbon monoxide detector shall be purchased and placed at the nearest window, door, or opening into the dwelling. (d) The United States Environmental Protection Agency (EPA) and the California EPA Air Resources Board test and certify small engines for minimal emissions: (i) If the proposed generator is EPA or CARB certified, the generator shall be deemed to meet safe emissions standards. (ii) If the generator is not EPA or CARB certified, the Building Department shall make a determination if the generator submitted by the applicant will result in emissions performance which are equivalent to the above standards. (5) Electrical requirements, generally: a) Electrical permit for the installation of the generator shall be obtained by the licensed electrician or the electrician's agent. " Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2"d Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY day of 92006 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts Commissioner Beckman: NOTE: New wording underlined; wording to be removed indicated by strike - through. P: \Comm Items\2006 \11- 7- 06\LDC Tech Amend Ord.doc a 0 U'r South Miami o N "caCty INCORPORATED r 1927 , 2001 To: Honorable Chair and Date: October 10, 2006 Planning Board Members From: Sanford A. Youkili C Re: LDC Amendment Acting Planning I1 r to Generator Location: Technical Correction PB -06 -028 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING _ SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE BACKGROUND The City Commission on March 7, 2006 adopted Ord. No. 09 -06 -1877 amending the Land Development Code in order to establish requirements and standards for the installation of permanent generators (Section 20- 3.6(T). The process created is a two step operation requiring the Planning Department to review the location and site plan and the Building Department to review electrical, mechanical, structural and safety aspects of the applications. Approximately thirty applications have been processed. TECHNICAL CORRECTION In the past several months it was discovered that one criteria in the City's Land Development Code concerning the location of the generator was not consistent with the Florida Building Code. The criteria is the requirement that generators (and generator exhaust) be located at least five feet from any window, door or other opening. The Florida Building Code in Sections 401.5.1 and M1602 (1)(2) both mandate that intake openings (windows, doors, other openings) must not be located within 10 feet of any hazardous or noxious contaminants. (Attached). LDC PROPOSED AMENDMENT It is proposed that subparagraph Section 20- 3.6(T)(D)(4) be amended to read: (new wording underlined, wording to be removed shown with strikethrough) "(D) Criteria (1) Location. Permanent generators shall only be permitted on improved property with a principal structure and installed behind the front fagade of the structure. LDC Amendmentl October 10, 2006 Page 2 of 2 (2) Setbacks. The generator shall be installed a minimum of 12.5 feet from the side and rear property lines. (3) Noise. The maximum noise output from the generator cannot exceed 65dB (decibels) at the minimum setback. (4) Emissions. (a) Generator shall be installed at least fve 10 ten feet away from any window, door, or other opening into the dwelling. (b) Generator's exhaust shall be placed 10 ten feet from any window, door, or opening into the dwelling, and a minimum of 15 feet from any window, door, or opening of adjacent properties. (c) A battery powered carbon monoxide detector shall be purchased and placed at the nearest window, door, or opening into the dwelling. (d) The United States Environmental Protection Agency (EPA) and the California EPA Air Resources Board test and certify small engines for minimal emissions: (i) If the proposed generator is EPA or CARB certified, the generator shall be deemed to meet safe emissions standards. (ii) If the generator is not EPA or CARB certified, the Building Department shall make a determination if the generator submitted by the applicant will result in emissions performance which are equivalent to the above standards. (5) Electrical requirements, generally. a) Electrical permit for the installation of the generator shall be obtained by the licensed electrician or the electrician's agent. RECOMMENDATION The correction to the criteria section as shown above will bring the City's requirements in line with the Florida Building Code and will avoid any misunderstanding during the permitting process. It is recommended that the proposed technical amendment be approved. Attachments: Ordinance No. 09 -06 -1877 Building Code Sections 401.5.1 and M1602 (1)(2) Public Notices SAY P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \10- 10- 06\PB -06 -028 LDC Tech Amend Report.doc N ORDINANCE NO. 09 -06 -1877 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIANII, FLORIDA TO ADD SECTION 20.3.6 (S) ENTITLED GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of South Miami have asked the City to create provisions for permanent generators in residential areas; and WHEREAS, the proposed ordinance is based upon the most current national and local standards for safety, nuisance control, and environmental health; and WHEREAS, the Planning Board at its January 31, 2006 meeting, after a public hearing, adopted a motion by a vote of 7 ayes 0 nays, recommending approval of the proposed amendment; and WHEREAS, the Mayor and City Commission desire to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section l: The South Miami Land Development Code is hereby amended by adding a new Section as follows: SFVTTnN 211_�_61C1 f FNF.R AT. RF.nTTTRir'mwN -rQ A Nil em A Nn A lDne wnn (A)Intent and Purpose The intent and purpose of this section is to regulate the use and installation of permanent generators in residential zone districts using standards listed herein (B) Definitions For purposes of this section, the following definitions shall apply; Decibel A logarithmic measure of sound. Pertaining to generators the required decibel level of the generator shall be listed in the generator manual or be measured I of 5 I Ord. No. 09 -06 -1877 by a sound eng_meer or other qualified individual as approved by the Building Department. Decibel Measurement - Decibels shall be measured according to industry standards by a qualified individual at the abutting property line. Extemallv -filled venerator - A_ permanent venerator which receives fuel from an extemal source thus needing to be manually_ refueled in order to work properly. This is accomplished through pouring fuel into an intake area (e.g. Gasoline) or connecting containers of fuel to an intake valve (e.g. propane). Intemally -filled generator A permanent generator which receives fuel from an internal source. This is accomplished through _a permanent connection to a fuel source, thus avoiding manual refueling (e.g. natural gas). (C) Submittal Requirements (1) Installation of permanent generators in two - family, townhouse, or multi- family zone districts shall be subject to all reguirements set forth in this Section and shall also be required to receive approval via the Special Use process, in accordance with procedures set forth in Section 20 -5.5. 2) Installation of permanent Generators in all residential zones shall undergo the following: process: (1) Planning _ Department Submittal: O Site `plan drawings and specifications shall be submitted showing the location of the property, the placement of the Generator on the property, location of all doors, windows and other openings into the dwelling and each distance from the generator, measurements and placement of exhaust of the generator, setback from abutting property(ies), and screening We, size, and measurements. (b) A copy _of the generator's user manual, listing_ specifications for the generator. (c) Any other information as deemed necessary by the Planning Department. L2) Building Department Application - Upon site plan and screening approval by the Planning Department, an application and submittal process to the Building Department shall have the following requirements: (a) enumerated list of each electrical device that will be input into the generator, the required amount of voltage needed to power the electrical device, and calculations showing the a output of the generator is not exceeded by the input of electrical devices Cb) Proof of purchase of an indoor, battery- powered carbon monoxide detector. (c) Signed affidavit by a licensed electrician stating the installation will follow the requirements of this ordinance, any other applicable city 2 of 5 ordinances the National Electric Code, the Florida Building Code, an d anv other reauirement of law having iurisdiction over the process listed herein. (d) Approved Planning Department information listed in (C)(1) of this ordinance. (e) AU other information as deemed necessary by the Building Department. (3) If the generator is an externally fuel filled generator, then the applicant shall submit the following to the Planning_ Department and the Building Department: (a) Description and specifications of the type of containers that will be used to store the fuel. (b) The area at the dwelling where the fuel will be stored. (c) Fuel containers shall be kept outside pursuant to the "South Florida Fire Prevention Code ", Chapter 14 - Article III of the Miami -Dade County Code of Ordinances and shall be held in an approved area and properly screened (D) Criteria (1) Location. Permanent generators shall only be permitted on improved propert y with a principal structure and installed behind the front facade of the structure. (2) Setbacks. The generator shall be installed a minimum of 12.5 feet from the side and rear property lines. (3) Noise. The maximum noise output from the generator cannot exceed 65dB (decibels) at the minimum setback. (4) Emissions. (a) Generator shall be installed at least five feet away from any window, door, or other opening into the dwelling. (b) Generator's exhaust shall be placed five feet from any window, door, or ovening into the dwelling, and a minimum of 15 feet from anv window, door, or opening of adiacent properties. (c) A battery powered carbon monoxide detector shall be purchased and placed at the nearest window, door, or opening into the dwelling. (d) The United States Environmental Protection Agency(EPA) and the California EPA Air Resources Board test and certify small engines for minimal emissions: (i) If the proposed generator is EPA or CARB certified, the generator shall be deemed to meet safe emissions standards. (ii) If the generator is not EPA or CARB certified, the Building Department shall make a determination if the generator submitted by the applicant will result in emissions performance which are equivalent to the above standards. (5) Electrical requirements, eg nerally a) Electrical permit for the installation of the generator shall be obtained by the licensed electrician or the electrician's agent 3 of 5 :Ord. No. 09 -06 -1877 b) The input of electrical devices into the generator shall not exceed the output of the generator. c) Any change in electrical inputs into the generator shall receive prior approval from the Building Department and shall be performed by a licensed electrician Applicant shall resubmit all- necessary items listed in Section C herein. d) The generator shall be certified by the Underwriters Laboratory (UL) for electrical safety. (6) Gas Supply, internally: a) An internal ag s supply into a generator shall be installed by an appropriate licensed professional and the professional shall obtain all proper and necessgy permits. b) All specifications and information concerning an intemal gas feed shall be submitted with all other necessary information required. (7) Gas Supply, extemall (a) In order to assure safety from fumes, spillage, and other safety precautions, the Building Department shall examine and have the power to approve: (i) Type of fuel: (ii) Fuel storage containers, and: (iii) Outdoor fuel holding area (b) The Planning Department will examine site plans for an outside fuel storage area and appropriate screening. (c) The applicant shall submit all information required under (D)(2)(g) of this ordinance. Usage The use of permanent generators shall be permitted only during the following: (1) General power outage. (a) shut -off immediately after utilities are restored (2) Testing: (a) Shall be as set forth in the manufacturer's specification for the installed unit. (b) Only during the period 9:00 AM to 5:00 PM (b) Testing shall not exceed 30 minutes Fees (1) A $50 fee shall be paid to the Planning Department as part of the site plan inspection. (2) Additional fees shall be established pursuant to Ordinance No. 15 -04 -1822, as amended, "Processing Fee Schedule ", of the City of South Miami. (3) If the generator is externally filled, or does not meet emissions certifications standards, the Planning Department or Building Department may have to assess 4 of 5 ,Ord, No. 09 -06 -1877 additional fees to the applicant for research into whether or not the generator meets safe emissions standards. (G) Final Inspection 1) Applicant shall setup a final site plan inspection with the PlanninRDep rtment within seven (Z days of final installation and screening of permanent generator and outdoor fuel stoM a area, where applicable. Q) No later than six months following the approval for a permanent -generator, the applicant shall schedule a final inspection with the Department for verification and acceptance of the final work authorized. (3) Failure to meet final inspection deadlines shall: (a) Prohibit the installation and use of the permanent generator, and (b) Cancel the application process and force applicant to reapply to the Planning Department and Building Department and pay all appropriate fees, or U) Force the applicant to immediately remove the generator from the property with notice, if there is no comMance Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of 2006 (—aATTEST: VC / - )-) _ , CLERK 114 Reading- 2/21 / 0 6 2n' Reading - 3/7/06 READ AND APPROVED AS TO FORM: CITY ATTORNEY EAComm Items\2006\3- 7- 061PB -06 -003 LDC Amend Generator Ord.doc COMMISSION VOTE: 5 -0 Mayor Felix Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea ComnissionerBirts- Cooper: Yea Commissioner Beckman: Yea CHAPTER 4 VENTILATION SECTION 401 GENERAL 401.1 Scope. This chapter shall govern the ventilation of spaces within a building intended to be occupied. This chapter does not govern the requirements for smoke control systems. 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. 401.3 When required. Ventilation shall be provided during the periods that the room or space is occupied. 401.4 Exits. Equipment and ductwork for exit enclosure venti- lation shall comply with one of the following items: 1. Such equipment and ductwork shall be located exterior to the building and shall be directly connected to the exit en- closure by ductwork enclosed in construction as required by the Florida Building Code, Building for shafts. 2. Where such equipment and ductwork is located within the exit enclosure, the intake air shall be taken directly from the outdoors and the exhaust air shall be discharged di- rectly to the outdoors, or such air shall be conveyed through ducts enclosed in construction as required by the Florida Building Code, Building for shafts. 3. Where located within the building, such equipment and ductwork shall be separated from the remainder of the building, including other mechanical equipment, with construction as required by the Florida Building Code, Building for shafts. In each case, openings into fire- resistance -rated construc- tion shall be limited to those needed for maintenance and oper- ation and shall be protected by self- closing fire - resistance -rated devices in accordance with the Florida Build- ing Code, Building for enclosure wall opening protectives. Exit enclosure ventilation systems shall be independent of other building ventilation systems. 401.5 Opening location. Outdoor air exhaust and intake open- ings shall be located a minimum of 10 feet (3048 mm) from lot lines or buildings on the same lot. Where openings front on a street or public way, the distance shall be measured to the cen- terline of the street or public way. Exception: Group R -3. 401.5.1 Intake openings. Mechanical and gravity outside air intake openings shall be located a minimum of 10 feet (3048 mm) from any hazardous or noxious contaminant, such as vents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, except as otherwise speci- fied in this code. Fresh air intakes shall not be located closer than 10 feet (3048 mm) from any chimney or vent outlet, or I I sanitary sewer vent outlet. _ 401.5.2 Exhaust openings. Outdoor exhaust openings shall be located so as not to create a nuisance. Exhaust air shall not be directed onto walkways. 401.5.3 Flood hazard. See Section 301.14. 401.6 Outdoor opening protection. Air exhaust and intake openings that terminate outdoors shall be protected with corro- sion- resistant screens, louvers or grilles. Openings in louvers, grilles and screens shall be sized in accordance with Table 401.6, and shall be protected against local weather conditions. Outdoor air exhaust and intake openings located in exterior walls shall meet the provisions for exterior wall opening protectives in ac- cordance with the Florida Building Code, Building. TABLE 401.6 OPENING SIZES IN LOUVERS, GRILLES AND SCREENS PROTECTING OUTDOOR EXHAUST AND AIR INTAKE OPENINGS For SI: 1 inch = 25.4 mm. 401.7 Contaminant sources. Stationary local sources produc- ing air -borne particulates, heat, odors, fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided with an exhaust system in accor- dance with Chapter 5 or a means of collection and removal of the contaminants. Such exhaust shall discharge directly to an approved location at the exterior of the building. SECTION 402 NATURAL VENTILATION 402.1 Natural ventilation. Natural ventilation of an occupied space shall be through windows, doors, louvers or other open- ings to the outdoors. The operating mechanism for such open- ings shall be provided with ready access so that the openings are readily controllable by the building occupants. 402.2 Ventilation area required. The minimum openable area to the outdoors shall be 4 percent of the floor area being venti- lated. FLORIDA BUILDING CODE— MECHANICAL 4.1 MINIMUM AND MAXIMUM OPENING SIZES IN LOUVERS, GRILLES AND SCREENS MEASURED IN ANY OUTDOOR OPENING TYPE DIRECTION Exhaust openings Not < 1/4 inch and not > 1/2 inch Intake openings in residential Not < 1/4 inch and not > 1/2 inch occpancies Intake openings in other than > 1/4 inch and not > l inch residential occupancies For SI: 1 inch = 25.4 mm. 401.7 Contaminant sources. Stationary local sources produc- ing air -borne particulates, heat, odors, fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health shall be provided with an exhaust system in accor- dance with Chapter 5 or a means of collection and removal of the contaminants. Such exhaust shall discharge directly to an approved location at the exterior of the building. SECTION 402 NATURAL VENTILATION 402.1 Natural ventilation. Natural ventilation of an occupied space shall be through windows, doors, louvers or other open- ings to the outdoors. The operating mechanism for such open- ings shall be provided with ready access so that the openings are readily controllable by the building occupants. 402.2 Ventilation area required. The minimum openable area to the outdoors shall be 4 percent of the floor area being venti- lated. FLORIDA BUILDING CODE— MECHANICAL 4.1 Duct penetrations through any part of the ceiling, walls or floor of a mechanical closet shall have sufficient space between surrounding ceiling, walls or floor and any duct or plenum pen- etration to allow for sealing of the penetration and inspection of the seal. Clothes washers, clothes dryers, combustion water heaters and atmospheric combustion furnaces shall not be located in mechanical closets used as return air plenums. M1601.10.1 Approved air barriers. The following air bar- riers are approved for use in mechanical closets: 1. One -half inch (12.7 mm) thick or greater gypsum wallboard, taped and sealed. 2. Other panelized materials having inward facing sur- faces with an air porosity no greater than that of a duct product meeting Section 22 of UL 181 which are sealed on all interior surfaces to create a continuous air barrier. M1601.10.2 Approved closure systems. The following closure systems are approved for use in mechanical closets: 1. Gypsum wallboard joint compound over taped joints between gypsum wallboard panels. 2. Sealants complying with the product and application standards of Section M1601.6.3.1 for fibrous glass ductboard; 3. A suitable long -life caulk or mastic compliant with the locally adopted mechanical code for all applica- tions. M1601.11 Enclosed support platforms. Enclosed support platforms located between the return air inlet(s) from condi- tioned space and the inlet of the air handling unit or furnace, shall contain a duct section constructed entirely of rigid metal, rigid fibrous glass duct board, or flexible duct which is con- structed and sealed according to the respective requirements of Section M1601.3 and insulated according to the requirements of Section 13 -610 of Chapter 13 of the Florida Building Code, Building. The duct section shall be designed and constructed so that no portion of the building structure, including adjoining walls, floors and ceilings, shall be in, contact with the return air stream or function as a component of this duct section. The duct section shall not be penetrated by a refrigerant line chase, refrigerant line, wiring, pipe or any object other than a component of the air distribution system. Through -wall, through -floor and through- ceiling penetra- tions into the duct section shall contain a branch duct which is fabricated of rigid fibrous glass duct board or rigid metal and which extends to and is sealed to both the duct section and the grille side wall surface. The branch duct shall be fabricated and attached to the duct insert in accordance with Section M 1601.5 or Section M1601.6.3, respective to the duct type used. M1601.12 Condensation. Provisions shall be made to prevent the formation of condensation on the exterior of any duct. M1601.13 Location. Ducts shall not installed in or within 4 inches (102 mm) of the earth, except where such ducts comply with Section 1601.17. DUCT SYSTEMS M1601.14 Mechanical protection. Ducts installed in loca- tions where they are exposed to mechanical damage by vehi- cles or from other causes shall be protected by approved barriers. M1601.15 Weather protection. All ducts including linings, coverings and vibration isolation connectors installed on the exterior of the building shall be adequately protected against the elements: M1601.16 Registers, grilles and diffusers. Duct registers, grilles and diffusers shall be installed in accordance with the manufacturer's installation instructions, and shall have a flame spread rating not over 25 without evidence of continued pro- gressive combustion and a smoke - developed rating not over 50 when tested in accordance with ASTM E 84. Balancing damp- ers or other means of supply air adjustment shall be provided in the branch ducts or at each individual duct register, grille or dif- fuser. M1601.17 Underground ducts. Ducts shall be approved for underground installation. Metallic ducts not having an ap- proved protective coating shall be completely encased in a minimum of 2 inches (51 mm) of concrete. M1601.17.1 Slope. Ducts shall slope to allow drainage to a point provided with access. M1601.17.2 Sealing. Ducts shall be sealed and secured prior to pouring the concrete encasement. M1601.17.3 Plastic ducts and fittings. Plastic ducts shall be constructed of PVC having a minimum pipe stiffness of 8 psi (55 kPa) at 5- percent deflection when tested in accor- dance with ASTM D 2412. Plastic duct fittings shall be con- structed of either PVC or high- density polyethylene. Plastic duct and fittings shall be utilized in underground installa- tions only. The maximum design temperature for systems utilizing plastic duct and fittings shall be 150 °F (66 °C). SECTION M1602 RETURN AIR M1602.1 Return air. Return air shall be taken from inside the dwelling. Dilution of return air with outdoor air shall not be prohibited. 'M1602.2 Prohibited sources. Outside or return air for a forced -air heating or cooling system shall not be taken from the following locations: y� 1. Closer than 10 feet (3048 mm) from an appliance vent �C outlet, a vent opening from a plumbing drainage system or the discharge outlet of an exhaust fan, unless the outlet is 3 feet (914 mm) above the outside air inlet. 2. Where there is the presence of flammable vapors; or where located less than 10 feet (3048 mm) above the sur- face of any abutting public way or driveway; or where lo- cated at grade level by a sidewalk, street, alley or driveway. 3. Aroom or space, the volume of which is less than 25 per - cent of the entire volume served by such system. Where connected by a permanent opening having an area sized in accordance with ACCAManual D, adjoining rooms or spaces shall be considered as a single room or space for j/.17I2006 19:23 3056664591 PAGE 02 Stultz Heary.Mullolngi Subject; Expedites of the exterior Installation of Electrical Category 38, packaged generators (internal combustion engine). If ore. is no Vpld,ru,n.Rxnaust piping „insulation,:radiatorduct, room ventilation, remote oil or gasoline storage; a mechanical pormit is not required. We shall review the applications for compliance to the following requirements. Florida Building Cade requirements for Internal Combustion Engine Exhaust (Generators, Pumps, etc,). M160.2.,Prdhjbite0_sourrces.. Outside or return air for a forced -air heating or cooling system shall not, be taken from. the following location's I .... l r..... .1. _ a. 1....r... . _ I. Closer then 10 feet (3x48 mm) from an appliance vent outlet, a vent opening from a plumbing drainage system 'or the'dlso"harge outlet of an exhaust fan unless the outlet is 3 feet (914 mm) above the outside air.lniet, 2. Where there is the presence of flammable vapors; or where located less than 10 feet (3048 mm) above the surface of any abutting publlcway or driveway; or where lbaMed_at grade level by a sidewalk, street, alley or driveway. * M401.5.1 Intake openings. Mechanical and gravity outside air Intake openings shall be located a minimum of 10 feet (3048 mm) from any hazardous or noxious contaminant, such as `rents, chimneys, plumbing vents, streets, alleys, parking lots and loading docks, except as otherwise specified in this code. Fresh-air intakes shall not be located closer.,than 10 feet (3448 mm) from any chimney or vent outlet, or sanitary sewer vent outlet. Windows, doors and other 0-perfing's Into the structure are intake ,openings. In other words, ksep,the exhaust from getting into the building., When _ossibla,, p ,pf�ns net dimensioned or Clear, should be noted to comply with to above. code references. Dispr�sition,will be an ” "N "" indicating that no mechancal requirements are satisfied. work is required and the above Should the requirements not be satisfied, enter a "W" and remarks explaining the reason for rejection. Hurry Stultx, Mechanical Sectlon ,Supervisor Mlarnl -Dada County Building Department 11805 S.W. 26 Street, Room 208 Miami, Florida 33175.2474 (786) 315.2037 Phone' (786) 3162807 Fax www. mia midsde,govlbldg "Delivering Excellence Everl Day" SoUT DRAFT • INCORPORATED 1927 LOR -, O A CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, October 10, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:31 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: Ms. Lahiff and Ms. Yates. City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearing (A)PB -06 -028 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.6(T) ENTITLED "GENERAL REQUIREMENTS AND STANDARDS FOR PERMANENT GENERATORS IN RESIDENTIAL ZONE DISTRICTS" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MINIMUM DISTANCE A GENERATOR MUST BE FROM ANY WINDOW, DOOR OR OPENING INTO A DWELLING; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Action: Mr. Youkilis stated to the Board that on March 7, 2006 the City Commission adopted Ord. 09 -06 -1877, which amended the Land Development Code in order to establish requirements and standards for the installation of permanent generators (section Planning Board Meeting October 10, 2006 Page 2 of 2 20- 3.6(T). He also noted that the process created is a two step operation requiring the Planning Department to review the location and site plan and the Building Department to review electrical, mechanical, structural and safety aspects of the applications. Mr. Youkilis indicated that in the past several months it was discovered that one criteria in the City's Land Development Code concerning the location of the generator was not consistent with the Florida Building Code which requires at least 10 feet. The criteria is the requirement that generators and generator exhaust be located at least five feet from any window, door or other opening. Mr. Youkilis explained that the proposed LDC amendment was located in subparagraph Section 20- 3.6(T)(D)Criteria (4) Emissions. Additionally, Mr. Youkilis noted that the new wording is underlined and wording that is to be removed is shown with strikethrough. (D) Criteria (4) Emissions. (a) Generator shall be installed at least five 10 ten feet away from any window, door, or other opening into the dwelling. (b) Generator's exhaust shall be placed -fie 10 ten feet from any window, door, or opening into the dwelling, and a minimum of 15 feet from any window, door, or opening of adjacent properties. The Board agreed with staff in changing the distance requirement for the generators and generator's exhaust to be amended from five feet to ten feet away from any openings, windows and doors. RECOMMENDATION Mr. Youkilis stated that the correction to the criteria section as explained would bring the City's requirements in line with the Florida Building Code and will avoid any misunderstandings during the permitting process. Mr. Youkilis recommended that the proposed technical amendments be approved. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker Opposed Mr. Tucker stated he preferred that the generator be installed at 15 feet of any window or doors and that the same be done with the generator's exhaust. He indicated that he bought a guardian brand generator but that no inspector has gone for the final inspection of the unit. Chairman Morton closed the public hearing. Motion: Mr. Comendeiro moved to recommend approval of the amendment. Mr. Davis seconded the motion. Vote: Ayes 5 Nays So u T� South Miami Al*mficaCily • INCORPORATED • CITY OF SOUTH MIAMI , o 27 P OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Director Date: November 7, 2006 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO AMEND SECTION 20- 5.19(E) ENTITLED "CERTIFICATES OF APPROPRIATENESS "IN ORDER TO MODIFY THE PROCESS SET FORTH FOR GRANTING AN HISTORIC CERTIFICATE OF APPROPRIATENESS BY ESTABLISHING A PROCEDURE FOR APPEALING DECISIONS OF THE HISTORIC PRESERVATION BOARD TO - THE CITY COMMISSION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Background In 1996 the City Commission adopted amendments to the Land Development Code in order to establish requirements and procedures for the review of historic "certificates of appropriateness" (COA) which are required prior to the issuance of a building permit if there is to be external renovation or alteration to a designated historic site. The current procedures, set forth in Section 20- 5.19(E), specify that the Historic Preservation Board shall conduct a public hearing and recommend upon on any submitted certificates of appropriateness. This recommendation is then forwarded to the City Commission which conducts another public hearing and gives final approval to the COA application. The two step process requiring public hearings by the Historic Preservation Board and the City Commission on all certificates of appropriateness is a burden upon the applicant and the Commission itself. Most of the certificates of appropriateness are for small renovation or alteration permits (signs, windows, doors, roofs, paving, etc.) and are usually approved at the Preservation Board level. The Planning Board at its October 10, 2006, after public hearing, voted 5 ayes 0 nays to recommend that the LDC regulations pertaining to the approval process be amended to allow an applicant for a certificates of appropriateness, who is not satisfied with the Preservation Board's decision, to appeal that decision to the City Commission. Recommendation: It is recommended that the proposed amendment be approved on first reading. Backup Documentation: Draft Ordinance Planning Department Staff Report 10 -10 -06 Excerpt Planning Board Minutes 10 -10 -06 SAY P: \Comm Items\2006 \11 -7 -06 \LDC Amend HP -OV CM Report.doc I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND 5 DEVELOPMENT CODE IN ORDER TO AMEND SECTION 20- 5.19(E) 6 ENTITLED "CERTIFICATES OF APPROPRIATENESS "IN ORDER TO 7 MODIFY THE PROCESS SET FORTH FOR GRANTING AN HISTORIC 8 CERTIFICATE OF APPROPRIATENESS BY ESTABLISHING A 9 PROCEDURE FOR ` APPEALING DECISIONS OF THE HISTORIC 10 PRESERVATION BOARD TO THE CITY COMMISSION; PROVIDING FOR 11 SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN 12 EFFECTIVE DATE 13 14 WHEREAS, the Land Development Code requires the issuance of a "certificate of 15 appropriateness" (COA) prior to the issuance of a building permit if there is to be external 16 renovation or alteration to a designated historic site; and 17 18 WHEREAS, the increased activity of the Historic Preservation Board to locally designate 19 historic sites and districts has resulted in a significant number of properties requiring certificates of 20 appropriateness to allow external improvements to structures which are designated historic sites; 21 and 22 23 WHEREAS, current procedures, set forth in Section 20- 5.19(E), specify that the Historic 24 Preservation Board shall conduct a public hearing and recommend upon on any submitted 25 certificates of appropriateness which recommendation is then forwarded to the City Commission 26 for a second public hearing and final approval; and 27 28 WHEREAS, the two step process requiring public hearings by the Historic Preservation 29 Board and the City Commission on all certificates of appropriateness is a burden upon the applicant 30 and the Commission itself; and 31 32 WHEREAS, the LDC regulations pertaining to the approval process should be amended to 33 allow an applicant for a certificates of appropriateness, who is not satisfied with the Preservation 34 Board's decision, to appeal that decision to the City Commission; and 35 36 WHEREAS, the Planning Board at its October 10, 2006 meeting, after public hearing , 37 approved a motion by a vote of 5 ayes 0 nays recommending that the proposed Land 38 Development Code amendments contained in this ordinance be adopted; and 39 40 WHEREAS, the City Commission desires to accept the recommendations of the Planning 41 Board and enact the aforesaid amendment. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 44 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 Section 1. That Section 20 -5.19 (E) of the Land Development Code is hereby amended to read as 47 follows: 48 49 Section 20 -5.19 (E) 50 51 E) Certificate of Appropriateness. 52 53 54 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 2 (1) Certificate Required as Prerequisite to Alteration, Etc. Pursuant to a recommendation by the Planning and Zoning Director of the need for an appropriateness review, no building, structure, improvement, landscape feature, or archeological site within the City of South Miami which is designated pursuant to this Code shall be erected, altered, restored, renovated, excavated, moved, or demolished until an application for a "Certificate of Appropriateness" regarding any architectural features, landscape features, or site improvements has been submitted to and approved by the Historic Preservation 'Board or by the City Commission upon appeal. . Architectural features shall include, but not be limited to, the architectural style, scale, massing, siting, general design, and general arrangement of the exterior of the building or structure, including the type, style and color of roofs, windows, doors and appurtenances. Landscape features and site improvements shall include, but are not limited to, site regarding, subsurface alterations, fill deposition, paving, landscaping, walls, fences, courtyards, signs and exterior lighting. No certificate of appropriateness shall be approved unless the architectural plans for said construction, alteration, excavation, restoration, renovation, relocation or demolition are approved by the Historic Preservation Board or by the City Commission upon appeal. . (2) Standards for Issuance. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for any certificate of appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the board to promote maintenance, restoration, adaptive reuses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. These guidelines may also serve as criteria for the Planning and Zoning Director to make decisions regarding the need for an application for a certificate. (3) Procedures. (a) An applicant for a certificate of appropriateness shall submit an application to the Planning and Zoning Department Divisien and accompany such application with full plans and specifications, site plan, and samples of materials as deemed appropriate to fully describe the proposed appearance, color, texture, or materials, and architectural design of the building and any outbuilding, wall, courtyard, fence, landscape feature, paving, signage, and exterior lighting. The applicant shall provide adequate information to enable visualization of the effect of the proposed action on the applicant's building and its adjacent buildings and streetscapes. If such application involves a designated archeological site, the applicant shall provide full plans and specifications of work that may affect the surface and subsurface of the archeological site. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 3 (b) The Historic Preservation Board shall hold a public meeting upon an application for a certificate of appropriateness affecting designated properties. The Board may approve, deny, or approve an application with conditions. in (4) Appeals from Board decision (e) The Gity Commission shall aet upen an appheation within sbEt�', (60) days actierr fal An applicant may appeal to the City Commission within 15 days, a certificate of appropriateness decision made —by the Historic Preservation Board The City Commission may approve, deny, or approve in modified form an application appeal , subject to the acceptance of the modification by the applicant, or suspend action on the application for a period not to exceed thirty (30) days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. Notice andpreee&r-e of the public hearing by the City Commission shall be given to the property owner(s) by certified mail and to other interested parties by advertisement in a newspaper of general circulation at least ten (10) days prior to the public hearing. (c) The decision of the City Commission on the appeal shall be issued in writing. Evidence of approval of the appeal and the application shall be by certificate of appropriateness issued in the form of a resolution of the City Commission. and, wha4evef the deeision, notiee +:" shall >,o given to the appheant and to the Dir-ee4ef ef Planning and Zoning. If the appeal a set of plans- is denied, or modification is recommended, the City Commission shall, to the extent possible, make specific findings as to the reasons for denial and modification, and recommend appropriate changes, if possible. Compliance of Work with Certificate Standards. All work performed pursuant to the issuance of any certificate of appropriateness shall conform to the requirements of the certificate. The City Manager shall designate an official to perform necessary inspections in connection with enforcement of this chapter, who shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the City Manager and copies of any stop work orders shall be furnished to both the Historic Preservation Board and the applicant. The designated official shall ensure that work not in accordance with a certificate of appropriateness shall be corrected to comply with the certificate of appropriateness prior to withdrawing the stop work order. .n.�. 4 For the purpose of remedying emergency conditions determined to be dangerous 5 to life, health, or property, nothing contained herein shall prevent the making of 6 any temporary construction, reconstruction, or other repairs to a building or site, 7 pursuant to an order of a government agency or a court of competent jurisdiction. _8 9 The owner of a building damaged by fire or natural calamity shall be permitted to 10 stabilize the building immediately without approval and to rehabilitate it later 11 under the normal review procedures of this chapter. 12 13 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 14 are hereby repealed. 15 16 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held 17 invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the 18 validity of the remaining portions of this ordinance. 19 20 Section 5. This ordinance shall be effective immediately after the adoption hereof. 21 22 23 PASSED AND ADOPTED this 24 25 ATTEST: 26 27 28 29 CITY CLERK 30 31 1" Reading — 32 2nd Reading — 33 34 READ AND APPROVED AS TO FORM: 35 36 37 38 39 40 CITY ATTORNEY 41 42 43 44 45 46 47 48 49 day of , 2006 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts Commissioner Beckman: 50 NOTE: New wording underlined; wording to be removed indicated by strike - through. 51 . 52 53 54 P: \Comm Items\2006 \11- 7- 06\LDC Amend BPOV Ord.doc. 55 South Miami 0AmedcaCity 2001 To: Honorable Chair and Date: October 10, 2006 Planning Board Members From: Sanford A. Youkilis� Re: LDC Text Amendment Acting Planning Director Appeal Procedure for Historic Certificates of Appropriateness PB -06 -029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO AMEND SECTION 20- 5.19(E) ENTITLED "CERTIFICATES OF APPROPRIATENESS "IN ORDER TO MODIFY THE PROCESS SET FORTH FOR GRANTING AN HISTORIC CERTIFICATE OF APPROPRIATENESS BY ESTABLISHING A PROCEDURE FOR APPEALING DECISIONS OF THE HISTORIC PRESERVATION BOARD TO THE CITY COMMISSION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE BACKGROUND In 1996 the City Commission adopted amendments to the Land Development Code in order to establish requirements and procedures for the review of historic "certificates of appropriateness" (COA) which are required prior to the issuance of a building permit if there is to be external renovation or alteration to a designated historic site. The current procedures, set forth in Section 20- 5.19(E), specify that the Historic Preservation Board shall conduct a public hearing and recommend upon on any submitted certificates of appropriateness. This recommendation is then forwarded to the City Commission which conducts another public hearing and gives final approval to the COA application. STAFF OBSERVATIONS (1) It is important to note that an application for a certificate of appropriateness substitutes for the review by the Environmental Review and Preservation Board (ERPB). The applicant is not required to go before the ERPB. The zoning review and the architectural compatibility review are done by the same staff (Planning Department). LDC Amendment October 10, 2006 (2) The number of certificates of appropriateness applications being submitted is significantly increasing. This is a result of increased activity of the Historic Preservation Board in designating historic sites. In the year 2004 there were only 3 buildings designated historic and now there are currently 35 structures (residential and commercial) designated historic with several new designations pending. (3) The two step process requiring public hearings by the Historic Preservation Board and the City Commission on all certificates of appropriateness is a burden upon the applicant and the Commission itself. Most of the certificates of appropriateness are for small renovation or alteration permits (signs, windows, doors, roofs, paving, etc.) and are usually approved at the Preservation Board level. (4) It is recommended that the LDC regulations pertaining to the approval process be amended to allow an applicant for a certificates of appropriateness, who is not satisfied with the Preservation Board's decision, to appeal that decision to the City Commission. This is the same procedure set forth in the Code for the decisions of the ERPB. (4) The creation of an appeal process for certificates of appropriateness applications is also - - included in the "Chapter IV- Development Review Process" of the revised Land Development Code. The appeal process was recommended by the Zoning Task Force and the Historic Preservation Board in 2004. Earlier this year the planning Board also approved the change when it adopted Chapter IV of the new LDC. RECOMMENDATION Attached is LDC Section 20 -5.19 which currently sets forth the procedure for review and approval of certificates of appropriateness applications. The amended wording is shown in bold underlined and language removed is shown by strikethrough. It is recommended that the proposed amendment be approved. Attachments: Proposed amendmentpp.1 -3 Public notices SAY P:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \10- 10- 06\PB -06 -029 LDC Amend COA Report.doc SOUT$ � y H � DRAFT INCORPORATED 1927 CoRVo A CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Monday, October 10, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:31 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Beilman, Mr. Comendeiro, Mr. Davis, and Mr. Farfan. Board members absent: Ms. Lahiff and Ms. Yates. City staff present: Sanford A. Youkilis, AICP (Acting Planning Director), Gremaf Reyes (Video Support), and Patricia Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearing (A)PB -06 -029 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO AMEND SECTION 20- 5.19(E) ENTITLED "CERTIFICATES OF APPROPRIATENESS "IN ORDER TO MODIFY THE PROCESS SET FORTH FOR GRANTING AN HISTORIC CERTIFICATE OF APPROPRIATENESS BY ESTABLISHING A PROCEDURE FOR APPEALING DECISIONS OF THE HISTORIC PRESERVATION BOARD TO THE CITY COMMISSION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Planning Board Meeting October 10, 2006 Page 2 of 3 Action: Mr. Beilman read the ordinance into record. Mr. Youkilis provided a background summary for this item. He stated that in 1996 the City Commission adopted amendments to the Land Development Code in order to establish requirements and procedures for the review of historic "certificates of appropriateness" (COA) which are required prior to the issuance of a building permit if there is to be external renovation or alteration to a designated historic site. Mr. Youkilis indicated that the current procedures, set forth in Section 20- 5.19(E), specify that the Historic Preservation Board shall conduct a public hearing and recommend upon on any submitted certificates of appropriateness. Mr. Youkilis explained that the recommendation is then forwarded to the City Commission which conducts another public hearing and gives final approval to the COA application. At this time, Mr. Youkilis provided the following observations: (1) It is important to note that an application for a certificate of appropriateness substitutes for the review by the Environmental Review and Preservation Board (ERPB). The applicant is not required to go before the ERPB. The zoning review and the architectural compatibility review are done by the same staff (Planning Department). (2) The number of certificates of appropriateness applications being submitted is significantly increasing. This is a result of increased activity of the Historic Preservation Board in designating historic sites. In the year 2004 there were only 3 buildings designated historic and now there are currently 35 structures (residential and commercial) designated historic with several new designations pending. (3) The two step process requiring public hearings by the Historic Preservation Board and the City Commission on all certificates of appropriateness is a burden upon the applicant and the Commission itself. Most of the certificates of appropriateness are for small renovation or alteration permits (signs, windows, doors, roofs, paving, etc.) and are usually approved at the Preservation Board level. (4) It is recommended that the LDC regulations pertaining to the approval process be amended to allow an applicant for a certificates of appropriateness, who is not satisfied with the Preservation Board's decision, to appeal that decision to the City Commission. This is the same procedure set forth in the Code for the decisions of the ERPB. (5) The creation of an appeal process for certificates of appropriateness applications is also included in the "Chapter IV- Development Review Process" of the revised Land Development Code. The appeal process was recommended by the Zoning Task Force and the Historic Preservation Board in 2004. Earlier this year the planning Board also approved the change when it adopted Chapter IV of the new LDC. Recommendation: Mr. Youkilis recommended that the technical amendments be approved. The Board discussed the LDC proposed amendment and agreed with staffs proposed. changes. Planning Board Meeting October 10, 2006 Page 3 of 3 Public Hearing: Chairman Morton opened the public hearing. No one spoke on this item. Chairman Morton closed the public hearing. Motion: Mr. Comendeiro moved to recommend approval of the amendment. Mr. Davis seconded the motion. Vote: Ayes 5 Nays K:\PB\PB Minutes\2006 Minutes\PB MINS 10 -10 -06 Excerpt 06- 029.doc