HomeMy WebLinkAboutR-94-0628J-94-728
8/26/94
RESOLUTION NO. 9 4— 628
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH PEER
CONSULTANTS, P.C., FOR THE DEPARTMENT OF
GENERAL. SERVICES ADMINISTRATION AND SOLID
WASTE TO PROVIDE TECHNICAL SUPPORT IN THE
DEVELOPMENT AND PERMITTING OF THE VIRGINIA
KEY YARD WASTE MULCHING AND COMPOSTING
FACILITY LOCATED AT 3851 RICKENBACKER
CAUSEWAY, MIAMI, FLORIDA; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED
$40,500.00, FROM THE FY `94 RECYCLING AND
EDUCATION GRANT FUND, PROJECT NO. 197006,
EXPENDITURE INDEX CODE NO. 421304-340;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SERVICES RENDERED IN ACCORDANCE
WITH SAID AGREEMENT.
WHEREAS, the City of Miami has developed a site for the
diversion of yard waste through the mulching and composting
facility located at the Virginia Key Yard Waste Mulching and
Composting Facility, 3851 Rickenbacker Causeway, Miami, Florida;
and
WHEREAS, the city requires professional. assistance to
provide technical support for the development and permitting of
this site; and
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R904uticn NO,
94- 628
WHEREAS, Peer Consultants, P.C., a non -local, minority -owned
environmental engineering firm located in Rockville, Maryland
possesses the requisite expertise to provide this technical
support (pollution, environmental, energy and resources); and
WHEREAS, Peer Consultants will review the pertinent Florida
Department of Environmental Protection (DEP) regulations, prepare
permit applications and reports; and
WHEREAS, funding is available for this service from the FY
'94 Recycling and Education Grant Fund, Project No.. 197006,
Expenditure Index Code No. 421304-340, for a total amount not to
exceed $40,500.00; and
WHEREAS, the City Manager and the Assistant City Manager for
the Department of General Services Administration and Solid Waste
request approval of this agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, with
Peer Consultants, P.C., for the Department of General Services
Administration and Solid Waste to provide technical. support in
the development and permitting of the Virginia Key Yard Waste
Mulching and Composting Facility, located at.3851 Rickenbaoker
Causeway, Miami, Florida, with funds therefor being hereby
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allocated, in an amount not to exceed $40,500.00, from the FY '94
Recycling and Education Grant Fund, Project No. 197006,
Expenditure Index Code No. 421304-340.
Section 3. The City Manager is hereby authorized to
Instruct the Chief Procurement Officer to issue a purchase order
for services rendered in accordance with said agreement.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of September 1994.
STEPHEN P. CLARK, MAYOR
A S
TTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
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ASSI ANT CITY AZtORN39
APPROVED AS TO FORM AND CORRECTNESS:
A j QII9TON
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CITY
ORS:esk:M4 87
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94- 628
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of
1994, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as 'CITY," and
Peer Consultants, P.C., hereinafter referred to as "CONSULTANT.".
RECITAL
WHEREAS, the City of Miami is pursuing the development and
permitting of a yard waste composting facility at Virginia Key,
located at 3851 Rickenbacker Causeway; and
WHEREAS, this facility is another component of the City's
overall recycling goals and objectives in reducing the solid
waste stream, by 30%, per SB-1192 by 1994; and
WHEREAS, funds for this Professional Services Agreement are
available from Project No. 197006, Expenditure Index Code 421304-
340; and
WHEREAS, the CONSULTANT'S expertise in the field of
Technical Support (pollution, environmental, energy and
resources) will assist the CITY in technical support to the Solid
Waste Division for the development and permitting of the proposed
Virginia Key Yard waste Composting Facility; and
WHEREAS, authorization to proceed with the scope of services
required pursuant to Paragraph II hereof shall be authorized from
funds allocated from project No. 197606, Expenditure Code No.
421304-340 in an amount of $49,500.00; and
NOW, THEREFORE, in consideration of the mutual covenants
and obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
RMEW, pL S
IDEIMFY AS
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94- 628
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I.
TERM:
A. The term of this Agreement shall be valid for one (1) year
from the date of signature on the Agreement.
B. The term of this Agreement is based on funds allocated from
Project No. 197006, Expenditure Index Code 421304-340.
ia.
SCOPE OF SERVICES:
CONSULTANT shall:
(1) Consult with the Deputy Director of the
Department of General Services Administration
and Solid Waste and such other CITY personnel
as the Deputy Director may, designate at the
times and places required by the City in
obtaining permits to begin the yard waste
compost operations and then to provide support
for starting the operation of .the composting
facilityi and
(2) Review regulations of Florida Department of
Environmental Protection (DEP) and referenced
regulations of U.S. EPAI and
(3) Meet with City of Miami Solid Waste Department
Officials (Ms. Adrienne M. Macbeth and Mr.
Henry Jackson) to confirm objectives and
details of the facility and to assure the
consistency in understanding the information
required and actions to be taken to obtain and
comply with the permitting' requirements.
Obtain environmental information and other
relevant datas and
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94- 628
Prepare permit application to DEP for City of
Miami and prepare report to accompany
application. The scope (outline below follows
regulation) of the report to accompany
application as required under DEP Rule 17-
707.500 is as follows:
Paragraph exempt
(a) Obtain land use map and aerial photo from
City and indicate facility and significant
features; and
(b) Paragraph exempt
(c) Paragraph exempt
(d) Design capacity, type and source of compost
additives used and environmental implications
of additives, if any; and
(a) Paragraph exempt
(b) Leachate reuse and disposal techniques
Details such as fencing, road access, signage,
litter control, dust control, fire protection
and vector and odor control devices; and
A proposed plan of operation to include:
(a) Person in charge requirements
(b) Equipment required
(c) Collection and delivery requirements and
4 procedures to omit prohibited materials
(d) Facilities for weighing incoming wastes
Ii (e) Vehicle traffic control and unloading
1
practices
M Method and sequence of processing waste
i
(g) operation of storm and leachate systems
(b) Designation of backup sites
(i) Paragraph exempt
(6) Review record -keeping requirements
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94- 628
(5) Revise and update site plan for submission with
permit application
(6 Prepare technical information for public
relations consultant for community outreach
program.
(7) Professional interface with, all regulatory
bodies and technical follow-up as determined by
regulatory bodies (i.e., state) during
permitting process, including consultant
responsible for wetlands mitigation issue
(S Development of..Quality Assurance Plan and Health
i Safety Plan for the compost facility;
including impact analysis of the Waste Water
Treatment Plant.
III.
CO[PENSATIONs
A. Funds will be allocated from Project No.
197096, Expenditure Control No. 421304-340.
CITY shall pay CONSULTANT, as compensation for
the services requested pursuant to Paragraph II
hereof $40,500.00.
B. Such compensation shall be paid on the
following basins
CONSULTANT will invoice CITY half of said
amount at the execution of the contract in the
amount of $20,250.00 and remaining balance of
$20,250.00 will be invoiced at the completion
of the contract according to the terms of the
contract.
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C. CITY shall have the right to render this
Agreement null and void and no payment shall be
made upon notice of denial of payment.
D. CITY shall have the right to review and audit
the time records and related records of
CONSULTANT pertaining to any payments by the
CITY.
IV.
COMPLIANCE WITH FEDERAL STATE AND LOCAL LAKSs
Both parties shall comply with all applicable
laws, ordinances and codes of federal, state
and local governments.
V.
GENERAL COHDITIONSs
A. All notices or other communications which shall
or may be given
pursuant to this Agreement
shall be in writing and shall be delivered by
personal service,
or by registered mail
addressed to the
other party at the address
indicated herein or as the same may be changed
from time to .time.
Such notice shall be deemed
given on the day
on which personally served;
or, if by mail, on the fifth day after being
posted or the date
of actual receipt, which is
earlier.
CITr OF MIAMI
CONSULTANT
DEPT. OF GSA & SW
PEER CONSULTANTS, P.C.
1290 NW 28 STREET
12300 TKIVBROOK PARKWW
MIAMI, PL 33142
SUITE $410
ROCKVILLE, MD 26852
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
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C. In the event of -conflict between the terms of
this Agreement and any terms or conditions
contained in any attached documents, the terms
of this Agreement shall rule. D. No waiver or breach or any provision of this
Agreement shall constitute a waiver of any
subsequent breach of the same or any other
provision hereof, and no waiver shall be
effective unless made in writing.
E. Should any provisions, paragraphs, sentences,
words or phrases contained in this Agreement be
determined by a court of competent jurisdiction
to be invalid, illegal or otherwise
unenforceable under the laws of the State of
Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall
be deemed modified to the extent necessary in
order to conform with such laws, or if not
modifiable to conform with such laws, then same
shall be deemed severable, and in either event,
the remaining terms and provisions of this
Agreement shall remain unmodified and in full
force and effect.
VI.
OWNERSHIP OF PRODUCTIONt
All print production developed by CONSULTANT
under this agreement shall be delivered to CITY
by said CONSULTANT upon completion of the
services required pursuant to paragraph II
hersof and shall become the property of CITY,
without restriction or limitation on its use.
CONSULTANT agrees that all print production
maintained and generated pursuant to this
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contractual relationship between CITY and
CONSULTANT shall be subject to all provisions
of the Public Records Law, Chapter 119, Florida
Statutes.
It is further understood by and between the
parties that any information, writing, maps,
contract documents, reports or any other matter
whatsoever which is given by CITY and shall at
all times remain the property of CITY and shall
not be used by CONSULTANT for any other
purposes whatsoever without the written consent
of the CITY.
VII.
NONDELEGABILITY:
That the obligations undertaken by CONSULTANT
pursuant to the Agreement shall not be
delegated or assigned to any other person or
firm unless CITY shall first consent in writing
to the performance or assignment of such
service or any part thereof by another person
or firm.
Vill.
AUDIT RIGHTS.
CITY reserves the right to audit the records of
CONSULTANT at any time during the performance
of this Agreement and for a period of three (3)
years after final payment is made under this
Agreement.
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IX.
AWARD OF AGREEMENTS
CONSULTANT warrants that it has not employed or
retained any person employed by the CITY to
solicit or secure this Agreement and that it
has not offered to pay, paid, or agreed to pay
any person employed -by the CITY any fee,
commission, percentage, brokerage fee, or gift
of any kind contingent upon or resulting from
the award of this AGREEMENT.
X.
CONSTRUCTION OF AGREEMENT#
This Agreement shall be construed and enforced
according to the laws of the State of Florida.
XI.
SUCCESSORS AND ASSIGNSt
This Agreement shall be binding upon the
parties herein, their heirs, executors, legal
representatives, successors, and assigns.
XII.
INDEMNIFICATIONS
CONSULTANT shall pay on behalf of, indemnify
and save CITY harmless from and against any and
all claims, liabilities, losses, and cause of
.action which may arise out of CONSULTANT'S
activities under this Agreement, including all
other acts or omissions to action the part of
CONSULTANT, including any person acting for or
on its behalf, and, from and against all cost,
attorneys' fees, expenses and liabilities
incurred in the defense of any such claims, or
in the.investigation thereof.
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94- 628
XIII.
CONFLICT OF INTEREST:
A.
CONSULTANT covenants
that no person under its
employ who presently exercises any functions or
responsibilities
in connection with this
Agreement has any
personal financial interests,
direct or indirect, with CITY. CONSULTANT
further covenants
that, in the performance of
this Agreement,
no person having conflicting,
interest shall be
employed. Any such interests
on the part of
CONSULTANT or its employees,
must be disclosed
in writing to CITY.
B.
CONSULTANT is aware of the conflict of interest
laws of the City
of Miami (City of Miami Code
`I Chapter 2, Article (V) Dade County Florida
(Dade County Code Section 2-11.1) and the State
of Florida, and agrees that it shall fully
comply in all respects with the terms of said
laws. '
XIV.
i INDEPENDENT CONTRACTOR:
CONSULTANT and its employees, agents and
f
volunteers shall be deemed to be independent
i
contractors, and not agents or employees of the
CITY, and shall not attain any rights or
benefits under the Civil Service or Pension
Ordinances of the CITY, or any rights generally i
afforded classified or unclassified employees;
further he/she shall not be deemed entitled to �.
the Florida Workers' Compensation benefits as
ti
an employee of the CITY.
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94- 628
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XV.
TERMINATION OF CONTRACT:
City retains the right to terminate this
Agreement at any time prior to the completion
of the services required pursuant to paragraph
II hereof without penalty to CITY. In that
event, notice of termination of this Agreement
shall be in writing to CONSULTANT, who shall be
paid for those services performed prior to the
date of its receipt of . the notice of
termination. In no case, however, will CITY
pay CONSULTANT an amount in excess of the total
sum provided by this Agreement.
It is hereby understood by and between CITY and
CONSULTANT that any payment made in accordance
with this Section to CONSULTANT shall be made
only if said CONSULTANT is not in default under
the terms of this Agreement. If CONSULTANT is
in default, then CITY shall in no way be
obligated and shall not pay to CONSULTANT any
sum whatsoever.
ZVI .
CONSULTANT agrees that it shall' not
discriminate as to race, sex, color, religion,
national origin, age marital status or handicap
in connection with its performance under this
Agreement. Furthermore that no otherwise
qualified individual shall, solely by reason of
his/her race, sex, color, religion, national
origin, age, marital status or handicap be
excluded from the participation in, be denied
benefits of, or be subjected to discrimination
under any program or activity receiving federal
financial assistance.
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XVII .
MINORITY PROCUREMENT COMPLIANCE:
Funding for this Agreement is contingent on the
availability of funds and continued
authorization for program activities and is
subject to amendment or termination due to lack
of funds, or authorization, reduction of funds,
and/or change in regulations.
C. ZDC.
DEFAULT CLAUSE:
In the event that CONSULTANT shall fail to
comply with each and every term and condition
of this Agreement or fails to perform any of
the terms and conditions contained herein,
option, upon written notice CONSULTANT may
cancel and terminate this Agreement, .and all
payments, advances, or other compensation paid
to CONSULTANT by CITY while CONSULTANT was in
default of the provisions herein contained,
shall be forthwith returned to CITY.
XX.
ENTIRE AGREEMENT:
This instrument hand its attachments constitute
the sole and only Agreement of the parties
hereto relating to said grant and correctly
sets forth the rights, duties and obligations
of each to the other as of its date. Any prior
agreements, promises, negotiations, or
representations not expressly set forth in this
Agreement are of no force or effect.
ma.
AMENDMENTS s
No amendments to this Agreement shall be
binding on either party unless in writing and
signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this
Instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
ATTESTS
MATTY HIRAI
City Clerk
i
ATTEST:
Corporation Secretary
WITNESSES:
As to Consultants
(Note: If Consultant is
not a Corporation
a witness must sign)
CITY OF MIAMI, i inicipal
Corporation of the State
of Florida
By:
CESAR H. ODIO
City Manager
CONSULTANT
Title
(Seal)
PEER CONSULTANTS0 P.C.
12300 TWINBROOK PARKWAY
SUITE #410
ROCKVILLE, MD 20852
APPROVED AS TO INSURANCE APPROVED WAS TO FORM AND
REQUIREMENTS: CORRECTNESS:
SEGUNDO PEREZ QUIND NES, I
Insurance Coordinator City A ney 09
Frank K. Rollason, Deputy Chief
Risk Management Division
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CITY OF MIAMI, FLORIDA CA=25
INTER -OFFICE MEMORANDUM
70 : DATE : AUG 2 5 I��� FILE
Honorable Mayor and Members
of the City Commission SUBJECT: RESOLUTION CONFIRMING
AND APPROVING THE
AGREEMENT FOR PEER
CONSULTANTS, P.C.
FROM : Cesar O REFERENCES.
City ger
ENCLOSURES
A4'
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached resolution confirming and approving the City Manager's
action in approving a Professional Services Agreement for Peer
Consultants, P.C., a Black owned vendor located at 12300 Twinbrook
Parkway, Suite #410, Rockville, Maryland. This company has been
selected to help in the development and permitting of the Virginia
Key Yard Waste Mulching Facility at 3851 Rickenbacker Causeway.
BACKGROUND
The Department of General Services and Solid Waste secured the
services of Peer Consultants, P.C., a non -local minority owned
environmental engineering firm to provide all technical support
necessary to secure the required permit to operate a full scale
yard waste compost operation via Florida Department of
Environmental Protection (DEP).
This component of the City's recycling program provides
substantial savings and a viable, finished soil amendment product
that has a long range marketability for users such as landscapers,
nurseries, homeowners, Department of Transportation, City Parks
and home improvement retail stores.
94- 28
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : DATE FILE
Cesar H. Odio
City Manager SUBJECT
RESOLUTION CONFIRMING
AND APPROVING THE
AGREEMENT FOR PEER
FROM: Ron E . Williams REFERENCES: CONSULTANTS, P.C.
Assistant City Manager ENCLOSURES
With the City's ongoing diversion efforts to the Virginia Key
Yard Waste Mulching Facility for the development and permitting of
yard waste composting per regulations of the Florida Department
of Environmental Protection (DEP), the Solid Waste Division of
the Department of General Services Administration and Solid Waste
is requesting the City Commission's confirmation and approval of
a Professional Services Agreement with Peer Consultants, P.C.
This environmental engineering firm will provide all technical
support to the Solid Waste Division to secure the required permit
to operate a full scale yard waste compost operation located at
3851 Rickenbacker Causeway.
This component of the City's recycling program provides
substantial savings and a viable, finished soil amendment product
that has long range marketability for users such as landscapers,
nurseries, homeowners, Department of Transportation, City Parks
and home improvement retail stores.
94- 628 3
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( TO : DATE FILE
Ron E. Williams
Assistant City Manager
_._._. SUBJECT : RESOLUTION CONFIRMING
AND APPROVING THE
AGREEMENT FOR PEER
1 FROM : rrienne M. Macbeth REFERENCES :CONSULTANTS, P.C.
Deputy Director
Solid Waste Division ENCLOSURES:
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It has become necessary to prepare the attached resolution
confirming and approving the City Manager's action in approving a
Professional Services Agreement for Peer Consultants, P.C. Inc.,
to provide technical support to the Solid Waste Division for the
development and permitting of the Virginia Key Yard Waste
Composting Facility located at 3851 Rickenbacker Causeway.
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JUN-15-1994 15 17
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§ 401 MIAMI, FLORIDA
.^1 t I,- ice--•• . �.. . �..
(Any change to introduce a new principal use or any additions over twenty (20) percent of
any existing use shrill be allowed by Special Exception only.)
1. Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood
or community centers.
2. financial institutions, provided Clint drive -through facilities shall be permitted only
by special permit, as indicated below.
3. Adult and child daycare centers, subject to the requirements of sections 935 and 936.
4. hospitals.
G. Offices, business and professional (other than those selling merchandise on the pre-
mises), clinics (other tban veterinary); studios; medical laboratories.
6. Places of worship.
7. Schools, post -secondary public or private educational facilities, colleges and univer-
sities, public and private, including business colleges, trade schools (except those
having external evidence of activities of an industrial nature), conservatories, dancing
schools.
S. Structures and uses other than those listed above required for performance of a
governmental function, except as specified below.
9. Structures and uses relating to operation of public utilities and requiring locations
within the district (other than aboveground lift stations, electrical substations, line -
of -sight relay devices for telephonic, radio or television communication, and the like,
which shall require special permits as indicated below); railway rights -of -way and
tracks, but not railroad yards, storage or warehousing, switching or shops; provided
that no such public utility use shall involve extensive storage or have storage as its
primary purpose.
10. Foster care homes.
11, Group homes. recoi /-i 3
12. Cemeteries. 1t@IT2��_°� �__ an
Permitted Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted Orin-
cipal uses and structures.
Conditional Principal Uses:
1. Jails, detention facilities, work camps by Special Exception with city commission
approval.
2. Public incinerators (except for forensic incinerators), solid waste facilities of any type
by Special Exception with city commission approval.
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