20160210 SM1MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 10,2016
Mayor Philip Levine
Com missioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Com m issioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Comm issioner Joy Malakoff
Comm issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visif us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C7 - Resolutions
C7L A Resolution Approving And Authorizing The MayorAnd City Clerk To Execute An Amendment
To The Professional Services Agreement With lndustrial/Organizational Solutions, lnc.,
Approved By The City Commission On July 18,2012, Said Amendment To Provide Additional
Testing Services During The Fourth Contract Year For Potential Non-Certified Police Officer
Trainees, Certified Police Officers And Fire Fighters;And Requesting Additional Funding, ln An
Amount Not ro Exceed $69'400'(Human
Resources)
(Memorandum)
1
Supplemental 1 , February 10, 2016
R5 - Ordinances
R5D An Ordinance Amending Chapter 78 Of The Code Of The City Of Miami Beach, Entitled "Personnel,"
By Amending Article l, Entitled "ln General," By Amending Section 78-2, Entitled "Reserved," To
Codify Requirements For Criminal History Record Checks For Certain Municipal Employees,
Contractors, Employees Of Contractors, And Vendors, ln Accordance With State Law; Providing For
Repealer, Severability, Codification, And An Effective Date.
10:15 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking : Human Resources)
(First Reading on January 13, 2016 - RsO)
(Memorandum & Ordinance)
R7 - Resolutions
R7J A Resolution Approving And Authorizing The Mayor And City Clerk To Execute The Second
Amendment To Lease Agreement With The Miami Beach Police Athletic League, lnc. (PAL),
Substantially ln The Form Attached To This Resolution, Relating To The Building Located At 999 1 1"'
Street (Premises); Said Amendment Establishing The Permitted Uses Under The Lease; Clarifying
And Establishing Terms Relating To The Shared Use Of The Premises By The City And PAL;
Clarifying The Operational, Management, And Maintenance Obligations With Respect To The Shared
Use Ot tfre Premises; Providing PAL With A $1 .00 Per Hour Of The Off-Duty Police Surcharge During
The Term Of The Lease; And Further Extending The Lease Agreement Term For An Additional Two
(2) Years, Through And lncluding June 30,2025.
(Police)
(Deferred from January 13,2016 - R7G)
(Memorandum & Resolution)
R7K A Resolution Authorizing The City Manager To Enter lnto Eight (8) Consent Orders With The State Of
Florida Department Of Health For Noticed Permit Violations Dating Back To 2012, Associated With
City WaterSystems Being Placed lnto Service Without The State Of Florida, Department Of Health
ApprovalOrState Clearance ln Violation Of 62-555.345, F.A.C., And 403.121(3)(a), Florida Statutes;
And Authorizing The City Manager To Execute The Eight (8) Consent Orders Attached Hereto As
Exhibit 1, For A Total Cost Of $31,500.
(Public Works)
(Memorandum & Resolution)
Reports and lnformational ltems
4. Miami Beach Convention Center Monthly Construction Project Update - LTC No. 052-2016.
(Office of the CitY Manager)
(Lrc)
2
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and Commission of the City of Miami Beach, Florida, Approving and
Authorizing the Mayor and City Clerk to Execute an Amendment to the Professional Services Agreement
with lndustrial/Organization Solutions, lnc., approved by the City Commission on July 18, 2012, Said
Amendment to Provide Additional Testing Services For The Police and Fire Department And Requesting
Additional Funding, ln An Amount Not To Exceed $69,400.
Intended Outcome Su
Attract and maintain a workforce of excellence
Item Summary/Recommendation :
On May 25,2011, the City issued RFP #34-10111,for testing services programs to determine qualified
applicants for police and fire entry level positions and classified promotional classifications, and to provide
consultation services for sworn and non-sworn positions in order to develop job analyses, entry level and
promotional tests, scoring, and minimum requirements for jobs background test requirements. At its
regular meeting on July 18,2012, the Mayor and City Commission adopted Resolution No.2012-27941,
approving and authorizing the City Manager to execute a professional services agreement with
lndustrial/Organizational Solutions, lnc. (consultant).
Pursuant to directions from the City Attorney's Office, the agreement was executed for the services
pertaining to the police promotional process and general consultation services for the Human Resources
Department, in an amount not to exceed $75,400.
The contract was first amended on April 22,2013, through Resolution No. 2013-28182 to provide funding
for testing services for police and fire entry level positions, in an amount not to exceed $70,000. The
second amendment was on October 16,2013, through Resolution No. 2013-28396 to provide funding for
testing services for classified ranks in the Ocean Rescue Division of the Fire Department, in an amount
not exceed $38,000, and the third amendment through Resolution No. 2014-28775 lo provide promotional
testing for the Fire Department. The request for this fourth amendment is To Provide Additional Testing
Services During The Fourth Contract Year For Non-Certified Police Officer Trainees, Certified Police
Officers And Fire Fighters; And Requesting Additional Funding, ln An Amount Not To Exceed $69,400.
As the Administration continues to evaluate and identify areas for which the consultant's services are
ate, The Citv will seek Commission a for additional fu
Financial lnformation :
Source of
Funds:
Amount Account
1 $21,130 Professional Services Account #01 1 -1210-00031 2
2 $48,240 Professional Services Account #011-1'1 30-00031 2
Tota!$69,370
FinanciaT lmpact Summary:
Clerk's Office
Sylvia Crespo-Tabak, Human Resources Director
AGENDAffENil CI L
oma 2-fi-(hAAIAAAISEACH3
MIAMIBEACH
City of Miomi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
SSION MEMORANDUM
TO:Mayor Philip Levine and Members of e City
FROM: Jimmy L. Morales, City Manager
DATE: February 10,2016
SUBJECT: A RESOLUTION OF THE MAYOR hND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH INDUSTRIAL/ORGANIZATIONAL SOLUTIONS,
INC., APPROVED BY THE CITY COMMISSION ON JULY 18, 2012, SAID
AMENDMENT TO PROVIDE ADDITIONAL TESTING SERVICES DURING THE
FOURTH CONTRACT YEAR FOR POTENTIAL NON.CERTIFIED POLICE
OFFIGER TRAINEES, CERTIFIED POLICE OFFICERS AND FIRE FIGHTERS;
AND REQUESTING ADDITIONAL FUNDING, IN AN AMOUNT NOT TO EXCEED
$69,400.
RECOMMENDATION
The Administration recommends adoption of the resolution.
BACKGROUND
On May 25,2011, the City issued RFP #34-10111,tor testing services programs to determine
qualified applicants for police and fire entry level positions and classified promotional
classifications, and to provide consultation services for sworn and non-sworn positions in order
to develop job analysis, entry level and promotional tests, scoring, and minimum requirements
for jobs background test requirements. At its regular meeting on July 18, 2012,hhe Mayor and
City Commission adopted Resolution No. 2012-27941, approving and authorizing the City
Manager to execute a professional services agreement with lndustrial/Organizational Solutions,
lnc. (Consultant).
l/O Solutions is a public safety human resources consulting firm that specializes in personnel
selection, development, validation and administration of police, corrections and fire services
entrance, physical ability and promotional examinations. ln addition to providing third-party
recruitment services, the firm is also a national test publishing organization, offering over 30
published entry-level and promotional exams and assessments. The firm employs a team of
psychometricians and experts in the industrial and organizational psychology field, and puts a
strong emphasis on developing assessment tools to identify the best candidates whether entry-
level or promoting existing personnel, through a valid, reliable, fair, and defensible selection
process.
l/O Solutions has worked with over 1,000 public safety agencies throughout the United States
4
and Canada, such as the Florida Department of Law Enforcement (FDLE), Jacksonville Sheriff's
Police Department, Washington, D.C. Fire and EMS, Washington, D.C. Metropolitan Police
Department, New York State Police Department and the City of Chicago. l/O Solutions is one of
the few major public safety consulting firms with an unblemished litigation history.
ln 2009, the U.S. Supreme Court, in Rlcci v. DeStefano, ruled that the City of New Haven, CT
was required to use the examinations developed by l/O Solutions in order to resolve a lawsuit
brought against the City by twenty city firefiqhters alleging that the city discriminated against
them with regard to promotions. ln addition, in 2007, the entry-level police officer examination
l/O Solutions developed for the City of Buffalo, NY, satisfied the scrutiny of the U.S. Department
of Justice. Further, an independent firm hired by the City of Chicago to evaluate all
commercially available entry-level firefighter examinations identified l/O Solutions as having the
best firefighter selection tool in the nation.
The City entered into an agreement with the consultant for an initial term of one (1) year, with
four (4) additional one (1) year renewal options, exercised at the City Manager's sole option and
discretion. At the time, pursuant to direction from the City Attorney's Office, the agreement was
executed for services pertaining only to testing services pertinent to the police promotional
process and general consultation services for the Human Resources department.
The contract was first amended on April 22, 2013, through Resolution No. 2013 -28182 lo
provide funding for testing services for police and fire entry level positions, in an amount not to
exceed $70,000. A second amendment to the contact was approved on October 16, 2013,
through Resolution No. 2013-28396 to provide funding for testing services pertinent to the
ocean rescue promotional process, in an amount not to exceed $38,000.
The Mayor and City Commission approved a third amendment to this professional service
agreement by adopting Resolution 2014-28775 October 22,2014. The statement of work from
the consultant included the related activities to develop promotional testing in the Fire
Department, to fill vacancies in the ranks of Fire Lieutenant and Fire Captain.
The City is seeking to amend the agreement with the consultant a fourth time, to develop,
update, as required, validate, administer, and score written examinations, and to develop and
validate live interview questions for the firefighter, certified police officer and non-certified police
officer candidates selected by the City who are interested in pursuing an educational opportunity
in law enforcement through the Police Department's pilot program, therefore, we are requesting
additional funding in an amount not to exceed $69,400. A copy of the proposals from l/O
Solutions are attached.
As the Administration continues to evaluate and identify areas for which the consultant's
services are appropriate, the City will seek Commission approval for additional funding.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
resolution, approving and authorizing lndustrial/Organizational Solutions, lnc., to provide
additional testing services for Fire Department classified promotional classifications, and
requesting additionalfunding, in an amount not to exceed $69,400.
Attachment
JLM/JMT/SC-T
5
I N D U sTR IAL/[] RGAN I ZATI(fNI\L S O I..UTI ONS
EXPERTS IN THE SCIENCE OF r]UBLIC SAFETY SELECTION
ATTACHMENT
Statement of Work
Client: Miami Beach Fire Department
Project Title: Entry-level Firefighter Selection Process
The purpose of this document is to describe the components of the proposed project and to document the
associated costs. The table on the following page will describe the anticipated project steps and associated costs.
Should any component of the project need to be modified, IOS will contact the client and explain the required
modification and any associated pricing change. Any future change in the proposed project must be mutually
acceptable to the Client and IOS.
Industrial/Organizational Solutions will submit invoices according to the following schedule: 1/3'd upon project
commencement, 1/3'd at project midpoint, and L/3'd upon project completion.
The following table(s) contain a breakdown of the project steps and associated costs.
6
Brian Marentette, Ph.D.
Linda Reynaud, M.A.
Maria Szczech, M.A.
Amy Kupec, M.A.
Christen Dovalina. M.S.
Karen Steiger, M.A.Technical writer
Tami Marsiglio
Samantha GleavesAdministrative
Cost Structure
Candidate
orientation
presentations
Delivery of candidate orientation
presentations to describe process
and preparation recommendations
(4 sessions over three days)
24 4 $4,340
National Firefighter
Selection Inventory
(NFSI)
$18.0O/candidate (estimated 500
candidates)$9,000
Written exam
administration
On-site exam administration
oversight by IOS consultant
(assumes 2 days, four exam
sessions)
16 $2,800
Development of
technical summary
Development of a repoft to
summarize job analysis outcomes,
design/validation of the
assessment and analysis of
outcomes, includinq impact.
10 4 $2,090
Administrative
expenses
Shipping of exams and
assessment materials.$200
Consultant travel
expenses (detailed
below)
Site visits: exam administration,
ca ndidate orientations.2,70O
TOTAL COST 50 4 4 $21,130
7
Travel Costs (detailed)
Authorizations:
Acceptance by Client:
I acknowledge that I have reviewed this Statement of Work and hereby authorize I/O
Solutions and its representatives to commence work on the project components as
described herein.
Signature of Authorized Agent
Title of Authorized Agent
Date
Acceptance by IOS:
IOS agrees to conduct the work outlined herein according to a timeline that is mutually
agreeable to both pafties.
Signature of Authorized Agent
Title of Authorized Agent
Date
$1,200Written Exam Admin
TOTAL
8
I r.'r ou srRtau/E RGAN tzATtctNAu S o uurl EN Ei
ExFERTS rN THE tscrENcE oF FUBLI6 SaFETY sELEcrloN
Statement of Work
Client: City of Miami Beach - Police Department
Project Title: Entry-level Police Officer Testing Process -
(Non-Certified AND Certified combined)
The purpose of this document is to describe the components of the proposed project and to document the
associated costs. The table on the following page will describe the anticipated project steps and associated costs.
Should any component of the project need to be modified, IOS will contact the client and explain the required
modification and any associated pricing change. Any future change in the proposed project must be mutually
acceptable to the Client and IOS.
Industrial/Organizational Solutions will submit invoices according to the following schedule: 1/3 at project
commencement, l/3 at the project midpoint, and L/3 upon completion of the project.
9
The following table(s) contain a breakdown of the project steps and associated costs.
Brian Marentette, Ph.D,
Linda Reynaud, M.A.
Maria Szczech, M.A.
Amy Kupec, M.A.
Christen Dovalina, M.S.
Technical writer Karen Steiger, M.A.
Tami Marsiglio
Samantha Gleaves
ure
Candidate
orientation
presentations
Delivery of candidate orientation
presentations to describe process
and preparation recommendations
(4 sessions over three davs)
24 4 $4,340
National Criminal
Justice Officer
Selection
Inventory-Integ rity
(NCrOSr2) @
$18/candidate +
the Situationally
Based Structured
Assessment (SBSA)
@$1O/candidate
$28. 0O/ca ndidate (estimated
1,000 candidates)
$28,000
Written exam
administration
On-site exam administration
oversight by IOS consultant
(assumes 2 days, four exam
sessions - additional days will be
billed at a daily rate of $1,400)
16 $2,800
Oral Interview
Development
Development and validation of
interview questions and rating 20 $3,500
Copyright O 2015 IOS, Inc.Page 1
10
Cost Structure
criteria.
Assessor training Conduct assessor training for oral
interview process 8 $1,400
Provision of oral
interview results
Data entry and scoring of oral
interuiew 4 16 $1,260
Development of
technical report
Development of a repoft to
document job analysis outcomes,
design/validation of the
assessment and analysis of
outcomes, includinq impact.
16 4 $3,140
Administrative
expenses
Shipping of exams and
assessment materials.$200
Consultant travel
expenses
Site visits: exam administration,
candidate orientations,
assessment training.$3,600
TOTAL COST 88 4 20 $48,240
Travel Costs (detailed)
Written Exam Admin $1,200
Oral Interview Training
TOTAL
Copyright O 2015 IOS, Inc.Page 2
11
Authorizations:
Acceptance by Client:
I acknowledge that I have reviewed this Statement of Work and hereby authorize I/O
Solutions and its representatives to commence work on the project components as
described herein.
Signature of Authorized Agent
Title of Authorized Agent
Date
Acceptance by IOS:
IOS agrees to conduct the work outlined herein according to a timeline that is mutually
agreeable to both parties.
Signature of Authorized Agent
Title of Authorized Agent
Date
Copyright O 2015 IOS, Inc.Page 3
12
RESOLUTION TO BE SUBMITTED
13
THIS PAGE INTENTIONALLY LEFT BLANK
14
COMMISSION ITEM SUMMARY
SECOND READING AND PUBLIC HEARING
Condensed Title:
An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Chapter
78 of the Code of the City of Miami Beach, entitled "Personnel," by amending Article l, entitled "ln
General," by amending section 78-2, entitled "Reserved," to Codify Requirements for Criminal History
Record Checks for Certain Municipal Employees, Contractors, Employees of Contractors, and Vendors,
in accordance with State Law:for repealer, severability, codification, and an effective date.
internal controls to achieve more
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item Summary/Recommendation :
ln 1999 the City of Miami Beach entered into an intergovernmental agreement with the Florida Department
of Law Enforcement to permit the City of Miami Beach to check the criminal backgrounds of persons who
work or volunteer with children, the elderly, or the disabled under the National Child Protection Act (NCPA)
(1993), as amended and $ 943.0552, Florida Statutes (1999).
The City of Miami Beach runs criminal background checks prior to the beginning of employment or service
to the City on all selected candidates for employment and promotions, most contractors, contractor
employees, interns, temporary agency employees assigned to work for the City and any other such
persons whose employment or contractual relationship with the City gives them routine, who has direct
contact with individual members of the public or unescorted access to City offices or publicly operated
facilities in such a matter or to such an extent the City's governing body finds that preventing unsuitable
persons from having such contact or access is critical to security or public safety.
ln May 2015, the FBI conducted a National ldentity Services (NlS) audit at the City of Miami Beach. The
one finding was that the City of Miami Beach "performed FBI criminal background checks on all applicants
for employment, volunteers, contractors and interns. ln addition there was not a Public Law 9-544
approved state or ordinance that covered the applicants who were not covered by the National Child
Protection AcWolunteers for Children ACT (NCPAiVCA)."
To correct this finding the Administration recommends adopting the ordinance.
Financial lnformation:
Source of
Funds:
OBP!
Financial lmpact
Clerk's Office
Sylvia Crespo-Tabak, Human Resources
scr ,ai
Agenda ltem R'DWT15
g MIAMIBEACH
Ciiy of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISS N MEMORANDUM
Philip Levine, Mayor and Memberspf the City
FRoM: Jimmy L. Morales, City Manager
DATE: February 10,2016
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF
THE GITY OF MIAMT BEACH, ENTITLED "PERSONNEL," BY AMENDING
ARTIGLE t, ENTITLED "IN GENERAL," BY AMENDING SECTION 78.2,
ENTITLED "RESERVED," TO CODIFY REQUIREMENTS FOR CRIMINAL
HISTORY RECORD CHECKS FOR CERTAIN MUNICIPAL EMPLOYEES,
CONTRACTORS, EMPLOYEES OF CONTRACTORS, AND VENDORS, IN
ACGORDANCE WITH STATE LAW; PROVIDING FOR REPEALER'
SEVERABILITY, CODIFICATION, AND AN EFFEGTIVE DATE.
SECOND READING AND PUBLIC HEARING
BACKGROUND
ln 1999 the City of Miami Beach entered into an intergovernmental agreement with the
Florida Department of Law Enforcement to permit the City of Miami Beach to check the
criminal backgrounds of persons who work or volunteer with children, the elderly, or the
disabled under the National Child Protection Act (NCPA) (1993), as amended and $
943.0552, Florida Statutes (1 999).
The current name for the program used by the City is VECHS, which is an acronym for
Volunteer and Employee Criminal History System for criminal history checks by a
qualified entity under the (NCPA) 1993 as amended and S 943.0552, Florida Statutes
(1eee).
To qualify for the VECHS program, an entity must provide some type of "care" or "care
placement services" for children, the elderly or the disabled; even if it is only a limited
part of the entity's overall business. Once qualified to participate in the program, an
entity may request criminal history information on all current and prospective employees
and volunteers, not only those who work with vulnerable persons. A qualified entity may
also request criminal history information on employees or volunteers who have or who
seek to have unsupervised access to the populations described above.
"Qualified entities" are authorized to obtain criminal history record information as
described under the NCPA and related federal guidelines. Under the NCPA and Florida
statute, a "qualified entity" is a business or organization, whether public, private, for
profit, not-for-profit, or voluntary, that provides care or care placement services, including
a business or organization that licenses or certifies others to provide care or care
placement services. "Care" means the provision of care, treatment, education, training,
instruction, supervision, or recreation to children, the elderly, or individuals with
disabilities.
16
Commission Agenda - Criminal Background Checks
February 10,2016
Page 2 ol 2
The City of Miami Beach runs criminal background checks prior to the beginning of
employment or service to the City on all selected candidates for employment and
promotions, most contractors, contractor employees, interns, temporary agency
employees assigned to work for the City and any other such persons whose employment
or contractual relationship with the City gives them routine, who has direct contact with
individual members of the public or unescorted access to City offices or publicly
operated facilities in such a matter or to such an extent the City's governing body finds
that preventing unsuitable persons from having such contact or access is critical to
security or public safety.
Typically, state and national criminal history record checks are completed within three
business days of receiving the electronic submission. Results are posted to DataMotion
SecureMail, a secure FDLE web mail application. The results include both state and
national criminal history information from the Federal Bureau of lnvestigations (FBl), as
well as any warrants and other information related to the individual.
A result notification email is sent to the email address designated by the customer and
will contain a link to this SecureMail application. This notification will also contain
descriptive information specific to the transaction.
A noteworthy inclusion to this memorandum is that adverse employment decisions
cannot be made solely based on the fact that an individual has been arrested. Title Vll
of the Civil Rights Act, longstanding court decisions and the United States Federal
Government Equal Employment Opportunity Commission (EEOC) enforcement
guidelines state that prior to excluding an applicant based on a criminal history, the
hiring agency needs to consider the nature and gravity of the offense or conduct; the
time that has passed since the offense, conduct and/or completion of the sentence; the
nature of the job sought; and whether excluding the applicant is consistent with business
necessity.
ln May 2015, the FBI conducted a National ldentity Services (NlS) audit at the City of
Miami Beach. The one finding was that the City of Miami Beach "performed FBI criminal
background checks on all applicants for employment, volunteers, contractors and
interns. ln addition there was not a Public Law 9-544 approved state or ordinance that
covered the applicants who were not covered by the National Child Protection
AcWolunteers for Children ACT (NCPANCA)."
CONCLUSION
As requested by Commissioner Joy Malakoff, the word "Appointees," is removed from
this ordinance.
To correct this finding the Administration recommends adopting the following, "An
ordinance of the Mayor and City Commission of the City of Miami Beach, Florida,
amending Chapter 78 of the Code of the City of Miami Beach, entitled "Personnel," by
amending Article l, entitled "ln General," by amending sectionTE-Z, entitled "Reserved,"
to Codify Requirements for Criminal History Record Checks for Certain Municipal
Employees, Contractors, Employees of Contractors, and Vendors, in accordance with
State Law; providing for repealer, severability, codification, and an effective date".
JLM/JMT/SC-T
t:\agenda\2016\february\human resources\memo re background checks through vechs.docx
17
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
M!AM! BEACH, FLORIDA AMENDING CHAPTER 78 OF THE CODE OF THE
GITY OF MIAMI BEACH, ENTITLED "PERSONNEL," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTTON 78.2,
ENTITLED "RESERVED," TO CODIFY REQUIREMENTS FOR CRIMINAL
HISTORY RECORD CHECKS FOR CERTAIN MUNICTPAL EMPLOYEES,
CONTRACTORS, EMPLOYEES OF GONTRACTORS, AND VENDORS, !N
ACCORDANGE WITH STATE LAW; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami beach conducts criminal background checks of
employees, applicants, and others pursuant to Section 166.0442, and other relevant provisions,
of the Florida Statutes; and
WHEREAS, Section 166.0442 was amended in 2013 to expand its scope; and
WHEREAS, Section 166.0442 currently requires criminal background check policies be
enacted by an ordinance with regard to state and national criminal history records checks for:
(a) Any position of municipal employment, whether paid, unpaid, or contractual,
which the governing body of the municipality finds is critical to security or
public safety;
(b) Any private contractor, employee of private contractor, vendor, repair person,
or delivery person who is subject to licensing or regulation by the
municipality; or
(c) Any private contractor, employee of a private contractor, vendor, repair
person, for-hire chauffeur, or delivery person who has direct contact with
individual members of the public or access to any public facility or publicly
operated facility in such a manner or to such an extent that the governing
body of the municipality finds that preventing unsuitable persons from having
such contact or access is critical to security or public safety; and
WHEREAS, to implement the provisions in Section 166.0442, the Mayor and City
Commission determine that a) positions of municipal employment are critical to security or
public safety, and b) that preventing unsuitable persons from having direct contact with
individual members of the public, or having access to public facilities and publically operated
facilities, is critical to security and public safety; and
WHEREAS, the Mayor and City Commission find that criminal history records checks
should be required of a) positions of City employment, whether paid, unpaid, or contractual, as
such positions are critical to security and public safety; and b) those City contractors or
employees of a City contractor or vendor who have direct contact with individual members of the
18
public or access to any public facility or publicly operated facility because preventing unsuitable
persons from having such contact or access is critical to security and public safety; and
WHEREAS, municipal ordinances enacted pursuant to Section 166.0442 must require
that such criminal history record checks include fingerprinting the applicable individuals, and
having the individuals' fingerprints submitted to the Florida Department of Law Enforcement for
a state criminal history record check and to the Federal Bureau of lnvestigation for a national
criminal history record check; and
WHEREAS, the information obtained from the criminal history record checks will be
used to determine the respective individual's eligibility for employment or continued employment
by the City, and to determine eligibility for City contractors, employees of City contractors, and
vendors to have access, or continued access, to public facilities or publicly operated facilities, as
authorized by this Ordinance and Section 166.0442 of the Florida Statutes.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMTSSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION 1. Section 78-2 of the Code of the City of Miami Beach, Florida, is hereby
amended to read as follows.
Sec.78-2.
Chapter 78
PERSONNEL
Article l. l: cene.ral
Resewe4 Griminal historv record checks for certain ciW emplovees.
contractors. and vendors.
a) Pursuant to Section 166.0442 of the Florida Statutes. as such may be
amended from time to time. state and national criminal historv record
checks shall be required for:
l) Any position of Citv emplovment, whether paid, unpaid, or
contractual: and
!) Anv Citv contractor, emplovee of a Citv contractor, or City vendor
who has direct contact with individual members of the public or
access to anv public facilitv or publiclv operated facility.
19
b) Each person shall be finqerprinted who is:
1) applyinq for, or continuinq employment to any position of Citv
emplovment as provided in subsection (aX1), and
2) a City contractor. emplovee of a City contractor. or Citv vendor
havino public contact or access to public facilities or publiclv
operated facilities.
The City's Human Resources Department, its successor department,
and other applicable departments shall utilize such finoerprints to
conduct the state and national criminal historv record checks provided
for in this section.
O Finoencrints obtained pursuant to the authority of this section shall be
submitted to the Florida Department of Law Enforcement for a state
criminal history record check and also to the Federal Bureau of
lnvestisation for a national criminal historv record check. The
information obtained from each respective criminal history record
check conducted pursuant to this section shall be used to determine a
person's eligibilitv for emplovment required pursuant to this section, to
determine a person's eliqibilitv for continued employment and to
determine eliqibility for Citv contractors. emplovees of Citv
contractors, and City vendors to have access, or continued access. to
public facilities or publiclv operated facilities.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
20
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the day of _, 2016.
PASSED AND ADOPTED this _ day of 2016.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes new language
S+i*eHreugh denotes removed language
APPROVED ASTO
FORM & IANGUAGE
SFOREXECUtpiI
e##1 4
T:\AGENDA\2016\February\Human Resources\Ordinance Re Background Checks.docx
21
EEEEiEEIllEtri*ai;i:!!g3E1g*gE:E;I,lrl
EiiEiEiiliiiiIliiElrEElr*s;siiiiggiili
gTggElEgigiiiIilEaSaEiEiilglg;gElligiliiEoo-z(JE
UI lJJOI
=9<d
=?^EutJot',l- olC)-
oz
:rU
t-u
c0
=g
5
\
r3zo.
(r)
rrr
rI]z
l-<o
=U-ci
E-
=-
22
COMMISSION ITEM SUMMARY
Condensed Title:
RESOLUTION OF THE MAYORAND CITY COMMISSION AUTHORIZING THE MAYORAND CITY
RK TO EXECUTE THE SECOND AMENDMENT TO THE LEASE AGREEMENT WITH THE MIAMI
POLICE ATHLETTC LEAGUE, INC (PAL).
lntended Outcome
Item Su mmary/Recommendation :
lnsist On Police Department Accountability And Skilled ManagemenU Leadership
On September 19,2014 an internal Audit Division report of the Miami Beach Police Athletic League (PAL),
covering 2OO9-14, highlighted a number of findings. Thereafter, the City and the PAL negotiated the
Second Amendment to the Lease Agreement, which addresses the following issues (among others):r Shared Use. currently 50% by each party, with certain portions of the premises being
used exclusively by PAL or City, with other areas shared.
o Shared obliqations/Expenses.
o Maintenance/Capital lmprovements. The City shall be responsible for
maintenance and capital improvements for premises, except that with respect to
the following expense relating to the area used exclusively by PAL, forwhich PAL
shall be responsible: (1) floors; (2) walls; (3) maintenance of personalty in the
PAL Area in good, clean and working order; and (4) maintaining clean and in
good order the PAL Area; and
o Shared Utilities. (50%) of the shared utilities (cable, water and electricity).o Deliverables. PAL shall provide reports/financial records; an annual report as to all
activities, including revenue generating uses; an audited financial statement; a detailed
operating budget, and upcoming annual programmatic plan.
. Back-pavment for utility p : City shall pay PAL $77,468.54 as back-payment for
previously shared and unpaid utility payments through December 31,2015. City continues to assign one full-time police officer to spearhead programming efforts.
o The PAL shall receive $1.00 from all of the Police Department's Off-Duty surchargeso The PAL shall hire, at its own expense, an Executive Director to manage/fundraise.
o The fitness center shall continue to offer City of Miami Beach employees a25o/o discount.
Recommendation: Adoot the Resolution.
NA
Financial ! nformation :
Source of
Funds:
Amount Account
1 77,468.54 General Fund Contingency Account
2
3
OBPI Total
Financial lmpact Summary:
Chief of Staff Wendy Rich-Goldschmidt ext. 3054
Chief DanielJ. Oates $S3
T:\agenda\201 6\FEBRUAR
AGENDA '"U fl7J
oerc &4hbMIAMIBEACH
item sum-PALlease
23
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
COMMISSION ORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 10, 2016
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION
OF THE GITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE SECOND AMENDMENT TO LEASE
AGREEMENT WITH THE MIAMI BEACH POLICE ATHLETIC
LEAGUE, INC (PAL), SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, RELATING TO THE
BU|LDING LOCATED AT 999 1lrH STREET (PREM!SES);
SAID AMENDMENT ESTABLISHING THE PERMITTED
USES UNDER THE LEASE; CLARIFYING AND
ESTABLISHING TERMS RELATING TO THE SHARED USE
OF THE PREMISES BY THE CITY AND PAL; CLARIFYING
THE OPERATIONAL, MANAGEMENT, AND MAINTENANCE
OBLIGATIONS WITH RESPECT TO THE SHARED USE OF
THE PREMISES; PROVIDING PAL WITH A $1.00 PER
HOUR OF THE OFF.DUTY POLICE SURCHARGE DURING
THE TERM OF THE LEASE; AND FURTHER EXTENDING
THE LEASE TERM FOR AN ADDTTTONAL TWO (2) YEARS,
THROUGH AND INCLUDING JUNE 30,2025.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
HISTORY/BACKGROUND
The City is the owner of the fee simple title in and to that certain City-owned property
consisting of a building having approximately 13,367 square feet, within Flamingo Park,
located at 999 1 1th Street, Miami Beach, Florida, 33139, hereinafter demised and described
(the "premises"). On May 15, 1996, the Mayorand City Commission adopted Resolution No.
96-21987, approving the Lease Agreement with the Miami Beach Police Athletic League,
lnc., a not-for-profit corporation ("PAL") for use of the premises for a five (5) year term,
commencing on July 1, 1996 and ending on June 30, 2001 (the "Lease Agreement").
ln 1997, PAL was awarded a grant from Miami-Dade County under the Safe Neighborhood
Parks Bond Program (the "SNPB Program") to assist in funding the building of the new PAL
Youth Resources Center (the "PAL Cente/') to be located on the premises and one of the
requirements of the SNPB Program was that grant funds used for the purposes of
development, improvement, rehabilitation or restorations bythe grantee (PAL) be expended
24
only on lands owned by the grantee or upon lands for which the grantee holds a lease or
other use agreement for an unexpired term of twenty-five (25) years. ln order to meet the
requirements of the SNPB Program, on June 17, 1998, the City Commission approved
Resolution No. 98-22787, authorizing the First Amendment to Lease Agreement, dated June
17, 1998, which First Amendment extended the lease term from June 30, 2001 , to June 30,
2023; added Exhibit B describing the permanent improvements (i.e. the new "PAL Center")
which were going to be constructed at the premises; and updated the notice provision for the
City under the Lease.
On September 19, 2014 the lnternal Audit Division of the City of Miami Beach Office of
Budget and Performance lmprovement (OBPI) published an lnternalAudit Report relating to
the activities of the Miami Beach Police Athletic League (PAL) between June 1, 2009 and
February 28, 2014. The audit was presented to the Finance and Citywide Projects
Committee on September 24,2014. The report highlighted a number of shortcomings that
needed to be addressed.
As a result of the audit findings, the City and the PAL Board met on numerous occasions to
clarify follow up responsibilities. These discussions evolved into a negotiated Second
Amendment to the Lease Agreement.
ANALYSIS
The Second Amendment to the Lease Agreement reflects the audit recommendations and
incorporates language regarding optimal business practices. A summary of the proposed
terms includes:
. Establish the permitted uses of the premises to coincide with the current uses of the
PAL Center.o Shared Use. Clarify and establish the terms and conditions relating to the shared
use (currently approximately 50% by each party) of the premises, with certain
portions of the premises being used exclusively by PAL ("PAL's Area"), certain
portions being used exclusively by the City ("City's Area"), and certain portions
shared by PAL and the City ("Shared Area").
. Shared obliqations/Expenses. Clarify the obligations of the City and the PAL, in
connection with their respective use of the premises, including apportioning
responsibility for the payment of operational expenses, management obligations,
maintenance obligations, insurance obligations and other like necessary conditions,
in connection with providing a recreational and sports facility for use by the
community. Primarily, as follows:
o Maintenance/Capital lmprovements. The City shall be responsible for the
payment of all maintenance and capital improvements expenses for the
entire premises, except thatwith respect to the following expense relating to
the PAL Area, for which PAL shall be responsible: (1) floors; 12) walls; (3)
maintenance of personalty in the PAL Area in good, clean and working order;
and (4) maintaining clean and in good order the PAL Area; and
o Shared Utilities. The parties shall equally share the costs of the shared
utilities (cable, water and electricity).r Deliverables. PAL shall be responsible for providing the following reports/financial
records: (1 ) within 120 days from the end of each fiscal year, an annual report as to
all activities at the premises, including revenue generating uses; and an audited
financial statement and Profit and Loss statement for all PAL programs and uses at
the premises; (2) by August 1't of each year, PAL shall provide the City Managerwith
a detailed line item annual operating budget, covering the next fiscal year, with
projected income and expense statement and upcoming annual programmatic plan.
. Approval of Subtenants. The following subtenants occupying a portion of PAL's
Area are being approved as subtenants: (1) Miami Beach Policeman's Relief and
25
Pension tund; (2) William Nichols Lodge No. 8 Fraternal Order of Police; and (3)
Miami Beach Police Athletic League Fitness Center, lnc.
FISCAL I!MPACT
The Second Amendment also contains the following terms, which have a financial impact:
o The City shall pay the PAL the total sum of $77,468.54 as back-payment for
previously shared and unpaid utility payments through December 31,2015. This
amount will be paid from the General Fund Contingency Account.. The PAL shall pay the City the rental sum of $1.00 per year, though June 30, 2025.. The City and PAL shall be responsible for their proportionate share of all shared
utility bills generated in connection with the joint use of the premises, which currently
is 50%, but is subject to adjustment if there is a material change in the use of the
premises (defined as a change by 15o/o or more).o The City's ongoing support of assigning one full{ime police officer to spearhead
programming efforts, consistent with PAL's mission.. The PAL shall receive $1 .00 from all of the Police Department's Off-Duty surcharges
during the term of the Lease Agreement which may be used for the payment of the
Executive Director's salary, utility expenses and other operation expenses.. The PAL shall hire, at its own expense, an Executive Director to manage and
operate all PAL activities, including fundraising.o The fitness center shall continue to offer City of Miami Beach employees a discount
of no less than 25% off of the current rates for services offered by the fitness center,
so long as the discount does not violate any gift rules which may be implemented by
the City from time to time.
CONGLUS!ON:
The Administration recommends that the Mayor and City Commission adopt the Resotution
approving the proposed Second Amendment to the Lease Agreement between the City and
the Miami Beach Police Athletic League, lnc., relating to the building located at 999 11th
Street.
Exhibits:
"A" - Second Amendment to Lease Agreement@
JLM:DJO:DW
T:\agenda\201 6\FEBRUAR\TPOLICEDEPARTMENT\Com memoPALlease
26
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE SECOND
AMENDMENT TO LEASE AGREEMENT WITH THE MIAMI BEACH
POLTCE ATHLETTC LEAGUE, INC (pAL), SUBSTANTTALLY tN THE
FORM ATTACHED TO THIS RESOLUTION, RELATING TO THE
BUILDING LOCATED AT 999 11rH STREET (pREMISES); SAID
AMENDMENT ESTABLISHING THE PERMITTED USES UNDER THE
LEASE; CLARIFYING AND ESTABLISHING TERMS RELATING TO
THE SHARED USE OF THE PREMISES BY THE CIry AND PAL;
CLARIFYING THE OPERATIONAL, MANAGEMENT, AND
MAINTENANCE OBLIGATIONS WITH RESPECT TO THE SHARED
USE OF THE PREMISES; PROVIDING PAL WITH A $1.00 PER HOUR
OF THE OFF-DUTY POLICE SURCHARGE DURING THE TERM OF
THE LEASE; AND FURTHER EXTENDING THE LEASE AGREEMENT
TERM FOR AN ADDTTTONAL TWO (2) YEARS, THROUGH AND
INCLUDING JUNE 30, 2025.
WHEREAS, the City is the owner of the fee simple title in and to that certain City-owned
property consisting of a building having approximately 13,367 square feet, within Flamingo
Park, located at 999 11th Street, Miami Beach, Florida, 33139 (the "premises"); and
WHEREAS, on May 15, 1996, the Mayor and City Commission adopted Resolution No.
96-21987, approving the Lease Agreement with PAL for use of the premises for a five (5) year
term, commencing on July 1, 1996 and ending on June 30, 2001; and
WHEREAS, in 1997, PAL was awarded a grant from Miami-Dade County under the Safe
Neighborhood Parks Bond Program to assist in funding the building of the new PAL Youth
Resources Center ("PAL Cented') to be located at the premises; and
WHEREAS, one of the requirements of the Safe Neighborhood Parks Bond Program
was that grant funds used for the purposes of development, improvement, rehabilitation or
restorations by the grantee (PAL) be expended only on lands owned by the grantee or upon
lands for which the grantee holds a lease or other use agreement for an unexpired term of
twenty-five (25) years; and
WHEREAS, in order to meet the requirements of the Safe Neighborhood Parks Bond
Program, on June 17, 1998, the City Commission approved Resolution No. 98-22787,
authorizing the First Amendment to Lease Agreement, which amendment extended the lease
term from June 30, 2001, to June 30,2023; added Exhibit "8" describing the permanent
improvements (i.e. the new "PAL Center") which were going to be constructed at the premises;
and updated the notice provision for the City under the Lease Agreement; and
WHEREAS, On September 19, 2014 the lnternal Audit Division of the City of Miami
Beach Office of Budget and Performarrce lmprovement (OBPI) published an lnternal Audit
27
Report relating to the activities of the Miami Beach Police Athletic League (PAL) between June
1,2009 and February 28,2014; and
WHEREAS, the audit report highlighted a number of shortcomings that needed to be
addressed and said audit findings were presented to the Finance and Citywide Projects
Committee at its September 24,2014 meeting; and
WHEREAS, the City and PAL hereby wish to amend the Lease Agreement in order to:
(1) address the audit findings contained in the September 19,2014 Audit Report; (2) establish
the permitted uses on the premises to coincide with the evolving character of the PAL Center;
(3) clarify and establish the terms and conditions relating to the shared use of the premises by
the City and PAL; (4) clarify the obligations of the City and PAL, in connection with their
respective use of the premises, including without limitation, apportioning responsibitity for the
payment of operational expenses, management obligations, maintenance obligations,
insurance obligations and other like necessary conditions, in connection with providing a
recreational and sports facility for use by the community; (5) provide for financial and
programmatic reporting requirements; and (6) provide PAL with a $1.00 per hour of the off-duty
police surcharge during the term of the Lease Agreement; and
WHEREAS, the Administration recommends that the Mayor and the City Clerk execute
the Second Amendment to the Lease Agreement, substantially in the form attached hereto and
incorporated herein by reference as Exhibit "A".
NOW THEREFORE, BE IT DULY RESOLOVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the Second
Amendment to Lease Agreement with the Miami Beach Police Athletic League, lnc. (PAL),
substantially in the form attached to this Resolution, relating to the building located at 999 11st
Street (premises); said amendment establishing the permitted uses under the lease; clarifying
and establishing terms relating to the shared use of the premises by the City and PAL;
clarifying the operational, management, and maintenance obligations with respect to the
shared use of the premises; providing PAL with a $1.00 per hour of the off-duty police
surcharge during the term of the Lease Agreement; and further extending the Lease
Agreement term for an additional two years, through and including June 30,2025.
PASSED AND ADOPTED this day of ,2016
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
rhsendat2l16/February 1O/Police DepartmenuPAL Second Amendment *"* ?8[[[8HRA|,I8,
& FOR EXECUTION
Er^L|,,,(- t t (L
-
Dote
28
SECOND AMENDMENT TO LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND THE MIAMI BEACH POLICE ATHLETIC LEAGUE
This Second Amendment ("Second Amendment") to the Lease Agreement, dated
May 15, 1996 (the "Lease Agreement"), as amended by that First Amendment to Lease
Agreement, dated June 17, 1998 ("First Amendment") (collectively the First Amendment
and the May 15, 1996 Lease Agreement are hereinafter referred to as the "Lease"), for the
property located at 999 11th Street, Miami Beach, Florida, between the CITY OF MIAMI
BEACH, a Florida Municipal Corporation ("City" or "Lessol''), and the MIAMI BEACH
POLICE ATHLETIC LEAGUE, lNC., a not-for-profit corporation ("PAL" or "Lessee"), is
entered into this
Date").
day of , 2O15 ("Effective
WITNESSETH
WHEREAS, the Lessor is the owner of the fee simple tiiEin and to that certain
City-owned property consisting of a building having approxihately 13,367 square feet,
within Flamingo Park, located at 999 11th Street, Miami Beach, Florida, 33139, hereinafter
demised and described (the "premises"); and ..=.... ,i,iri,,=..
WHEREAS, on May 15, 1996, the Mayor and City.Commi3*ion adopted Resolution
No. 96-21987, approving the Lease Agreement with PAL for use of the "premises for a five
(5) year term, comrnencing on July 1, l996end "rtiin on June 30, 200lilrand
tY' "1:j1
WHEREAS, in 1997, the PAL was aGir,Oed furant from Miami-Dade County under
the Safe Neighborhood Parks Bond Program==(theilS$ffi Program") to assist in funding
the building of the new PAL Youth Resources Center l"PlikaCented') to be located on the
Premises; and =-'i Lll'Li'"
WHEREAS, one of the requirements of the SNPB Program was that grant funds
used for the purposes of development, improvement, rehabilitation or restorations by the
grantee (PAL) be expended only on lands owned by the grantee or upon lands for which
the grantee holds a lease or other use agreement for an unexpired term of twenty-five (25)
years; and
WHEREAS, in order to meet the requirements of the SNPB Program, on June 17,
1998, the City Commission approved Resolution No. 98-22787, authorizing the First
Amendment, which First Amendment extended the Lease term from June 30, 2001, to
June 30, 2023; added Exhibit B describing the permanent improvements (i.e. the new
"PAL Center") which were going to be constructed at the premises; and updated the notice
provision for the City under the Lease; and
WHEREAS, Lessorand Lessee herebywish to amend the Lease in orderto: (1)
establish the permitted uses on the premises to coincide with the current uses of the PAL
Center; (2) clari'fy and establish the terms and conditions relating to the shared use of the
premises by Lessor and Lessee; and (3) clarify the obligations of Lessor and Lessee, in
connection with their respective use of the premises, including without limitation,
apportioning responsibility for the payment of operational expenses, management
EXHIB]T
ll r ll
29
obligations, maintenance obligations, insurance obligations and other like necessary
conditions, in connection with providing a recreational and sports facility for use by the
community; and
WHEREAS, the parties acknowledge that to the extent any of the provisions in this
Second Amendment are in conflict with the provisions of the SNPB Program agreement,
the provisions of the SNPB Program agreement shall govern.
NOW THEREFORE, the Lessor and the Lessee, for and in consideration of the
mutual covenants, agreements and undertakings herein contained, and in further
consideration of the payments herein mentioned, made and to be made, do by these
presents mutually covenant and agree to amend the Lease, as follows:
1. The recitals set forth above are true and correct and are incorporated
herein by reference
=.==:F.2. The paragraph on page 1 of the Lease, comfficing with the word
"WITNESSETH," is hereby amended as follows, including the11:f6flffiment of Exhibit A
with the Exhibit A attached hereto and incorporated herein by referencdffi
WITNESSETH: The Lessor, for and in consideration of the rent hg{lpin reserved
to be paid by the Lessee, and in consideration ofr;.[fe covenants herein to bd kept and
performed by the Lessee, does hereby lease and dEfiige unto the Lessee the following
des€ribe+'remises Citv-owned facility (the "premis€rs,,l')'situated in the City of Miami
; iLiii:rir
named and refeired to
havinq Agpproximately 42;6OO l ,ft -efprc fd.g,gted 11'n Street in
Flamingo Park
Fi
Amendment. which , more
particularly described as a portion of Block 90, Orcean Beach, FL Addition No. 3 (Dade
County P.8.2, P.81), as contained in the@,gffirExhibitA.
r liir,iil
Lessor and Lessee herebv acknowledob and aoree that the premises. includinq.
without limitation. the Buildinq are owned bv the Citv of Miami Beach. Florida.
3. The paragraph on page 1 of the Lease (as amended by the First
Amendment), commencing with the words, "TO HAVE AND TO HOLD", is amended as
follows:
TO HAVE AND TO HOLD the premises unto the Lessee, from the 1't day of July
1996 to and including the 30th day of June, M 2025, the Lessee yielding and paying to
theLessortherentalsumofone($1.00)dollarperyear'
imprevements te the premises as deseribed in the attaehed Exhibit; and subjeet te the
@
4. The following paragraph on page 1 of the Lease is deleted in its entirety:
d5
at 999
Page 2 of 16
30
i
ing
inimum
is
ef whieh i+the square feetage ef the premises and the deneminater ef whieh is the square
feetage ef all ef the rentable area in the building ef whieh the premises is a part
ises'
5. Paragraph 2 on page 2 of the Lease is deleted in its entirety and replaced
with the following:
2. Pavments.
es). if anv. imoosed. leviedr:r or anv other
the premises. even thouqh the taxihd=qtatute or ordinance mav purport to impose
such charqe or pavment aqainst Le53Qr;,,:,,rTh*;,,gavment of such sales, use. or
excise tax(es) shall be made bv Lessee concuiiently with pavment of the annual
rental.
-'= 'r:itit 'tr2.2 Real Estate Taies. Lessee also aqrees that it will pav its
Proportionate Share of real estate taxes. if same are also assessed aqainst the
premises.
As used herein, Lessee's "Proportionate Share" means a fraction. the
numerator of which is the square footaoe of the Buildinq beino occupied
exclusivelv bv Lessee and iointlv bv Lessee and Lessor. and the denominator of
which is the square footaqe of all of the rentable area in the Buildinq. As of the
Effective Date. Lessee is occupvinq approximatelv fifty percent (50%) of the
Buildinq. with the balance of the Buildinq beinq occupied bv the Lessor's Parks and
Recreation Department: with certain portions of the Buildinq beinq occupied
exclusivelv bv PAL ("PAL's Area"), certain portions of the Buildino beinq occupied
exclusively bv the Citv ("Citv's Area"). and certain portions of the Buildinq beinq
shared bv PAL and the Citv ("Shared Area"). as more particularlv described in the
Site Plan. attached hereto and incorporated herein as composite Exhibit "A-'1".
Unless otherurise indicated herein. Lessee's Proportionate Share shall be deemed
to be fiftv percent (50%). Lessee's Proportionate Share of real estate taxes will be
paid upon demand accompanied bv a copv of the paid tax bill. Notwithstandinq
anvthinq to the contrarv in this Lease. if the premises is assessed real estate taxes.
2.1 Sales/UseiExcise Tax(es). LesSee shall pdV,;pll sales or use or
Page 3 of 15
31
solelv as a result of PAL's use of the premises (includinq the use bv anv
subtenant's of PAL). PAL shall be solelv responsible for the total real estate tax
assessment.
2.3 Operatinq Expenses: The operatino expenses for the Buildinq shall
be shared between the Lessor and Lessee, as follows:
2.3.1 Utilities: Based upon the parties' current use of the
premises. Lessor and Lessee shall each be responsible for pavment of fiftv
percent (50%) of the total utilitv bills oenerated in connection with the ioint
use of the premises. which includes the bills for electricitv. water. and cable
("Shared Utilitv Expenses"). As of the Effective Date. Lessor pavs for the
water bill for the premises ("Citv's Utilitv Expenses") and Lessee pavs for
the electricitv and cable bills of the Shared Utilitv Expenses for the
premises ("PAL's Utilitv Expenses"). Each partv shall continue to pav the
utilitv bills. as currentlv established: however. within thirtv (30) davs from
the end of each quarter (the end of each quarter shall be referred to herein
as September 30th. December 31't. March 31't. and June 30th) throuqhout
the term. Lessee shall orovide Lessor with a reconciliation. includinq the
supportinq documentation for PAL's Utilitv Expenses. and Lessor will. in
turn. provide Lessee with a reconciliation. includinq the supportino
documentation for the Citv's Utilitv Exoenses. showino each partv's
respective share of the Shared Utilitv Expenses. The reconciliation
oavment shall be due within thirtv (30) davs from receiot of the
reconciliation. The Lessor's Asset Manaqer shall provide Lessee with
copies of the water bills. based upon the established Citv of Miami Beach
rates. and as reoistered on the onsite water meter for the premises. which
has been installed at the sole expense of the Lessor. lf there is a material
chanqe in the use of the premises (bvfifteen oercent (15%) or more). the
parties aqree to adiust the proportionate share of the Shared Utilitv
Expenses. as applicable. which adiustment shall be subiect to approval bv
the Citv Manaqer. and memorialize in writinq throuqh an amendment to the
Lease. executed bv the City Manaqer on behalf of the City.
2.4 Back-Pavment. Lessor and Lessee aqree that upon the parties'
execution of the Second Amendment. Lessor shall pav Lessee the amount of
$77.468.54 ("Back-Pavment"). representative of the aqreed amount which Lessee
has overpaid toward the Shared Utilitv Bills for the premises prior to execution of
this Second Amendment. which sum also includes a credit for sums PAL owes the
Citv in connection with PAL's portion of anv Citv Utilitv Expenses. from Mav 1.
2015 throuoh December 31. 2015. The parties aqree and acknowledqe that such
Back-Pavment constitutes full and final settlement of anv responsibilitv or liabilitv
that the Citv may have to reimburse PAL for overpavments toward the Shared
Utilities. as of the Effective Date.
2.5 General Maintenance and Repairs. Durino the Lease term. Lessee
will not suffer or oermit anv strio or waste of the premises. Except as specificallv
required to be maintained bv Lessee in subsection 2.5.1. Lessor shall be
responsible for the qeneral maintenance and repairs of the premises. inclusive of
PAL's Area (excludino the interior floors and walls of the PAL Area). Citv's Area.
and the Shared Area. As referred to herein. "qeneral maintenance and reoairs"
Page 4 of 16
32
shall include maintaininq the interior of the premises. and everv part thereof. in
qood condition. includino the HVAC svstems. interior plumbinq, interior electrical
oroblems and windows (Lessor's Repair Responsibilitv"). Lessee aqrees to repair
and maintain the interior walls and floors of the PAL Area. and maintain. repair and
replace the securitv svstem, PAL phone system and PAL cable svstem. for the
premises (not iust PAL's Area) as needed ("Lessee's Repair Responsibilitv).
Lessor shall repair all doors and windows. as may be required. as a condition
precedent to Lessee performing anv maintenance. repairs and/or replacement of
the existinq securitv svstem.
2.5.1 Lessee's Dav to Dav Maintenance Responsibilitv. Lessee
shall. at its sole cost and expense. and to the reasonable satisfaction of the
Citv. keep and maintain PAL's Area. includinq all improvements. fixtures.
and equipment thereon, in good. clean. and workinq order. Lessee
assumes sole responsibilitv and expense for dav to dav housekeepinq.
ianitorial services, and routine maintenance of PAL's Area. Lessee's dav to
dav maintenance responsibilitv shall include. without limitation. dailv
removal of litter. oarbaqe and debris qenerated b){ Lessee's use of the PAL
Area. includinq all oarbaqe disposal qenerated":'bv ils operations and
activities occurrino therein. and interior paint and floors.
Maintenance
maintenance responsibilitv shall include, with4t limitation. dailv removal of
litter. qarbaqe and dg,hfig,i enerated bv LessoF+use of the Citv's Area and
Lessor and Lesseels use of the Shared Area. inCludinq all qarbaqe disposal
qenerated bv its operations and activities occurrino therein. and interior
paint and floors. \
for anv costs associated with all caoital
improvements to the premises. which L'bssor. in its reasonable discretion, deems
necessary. As referred to herein. capital improvements shall include roof.
structural elements and infrastructure. exterior walls. exterior plumbinq and sewer
lines. and maior exterior electrical repairs (not othenvise the responsibilitv of the
electric companv).
2.6.1 Notice of Maintenance and Capital lmprovements to
premises. Durinq the Lease term, Lessee shall provide Lessor with prompt
notice of anv qeneral maintenance and repairs and/or capital improvements
which mav be required in PAL's Area. and Lessor and Lessee shall
coordinate in qood faith such repairs and/or maintenance so as to minimize
the impact to PAL's operations.
2.7 Securitv. Lessee shall be responsible for providinq and maintainino
a securitv svstem in order to protect the equipment and furnishinqs at the
premises. Under no circumstances shall Lessee be responsible for anv stolen or
Page 5 of 16
33
damaqed materials. equipment. and furnishinos of Lessor's and/or Lessor's
officials, emplovees, contractors. patrons. quests. and/or invitees. Additionallv.
under no circumstances shall Lessor be resoonsible for anv stolen or damaoed
personal propertv of Lessee and/or Lessee's officials, emplovees, contractors,
patrons, ouests. and/or invitees.
Paragraph 3 on page 2 of the Lease is hereby deleted in its entirety and replaced
with the following:
3. The tessee aeee^ts the premises in "As ls" eenditien; and is respensible fer all
interier medifieatiens and maintenanee, tessee prust first ebtain tesser's written
then must pay fer sueh medifieatiens, Detailed plans fer leaseheld imprevements
e
duratien ef this Agreement, ln the event any ef the aferesaid items are lesb stelen
g. tne tessee nereov reaffirms anc.Jlll[ftteoqes that. as ott;; effective oate. it
continues to accept the premises ifi fAs !s:i condition. Lessee must first obtain
Lessor's written approval for anv alteiation. add_itions and/or improvements to the
premises. and then must pav for such modifications. Detailed plans for anv
proposed alteration to the premises must fiiSt e submitted to Lessor. throuqh its
Citv Manaoer. for Lessor's prior review'and wfitten approval. Upon expiration of
this Lease, Lessee shall quietlv and peacefullv redeliver to Lessor the premises
and anv equipment. furnishinqs and fixtures. with the exception of the Fitness
Center (as defined in subsection 7.8) equipment and furnishinqs located in the PAL
Area. which are not permanentlv affixed to the real estate.
7. Paragraph 7 on page 2 of the Lease is amended to add the following paragraphs
(subsections) and a new Exhibit A-1:
7.1 Use bv PAL. Lessee shall have access and use of the premises. as
more particularlv described in the attached comoosite Exhibit A-1. lt is understood
and aqreed that the premises shall be used bv Lessee durino the entire term of this
Lease onlv for the purposes and/or uses described in (and/or otherwise approved
pursuant to) this subsection 7.1. and for no other purposes or uses whatsoever
("PAL Aoproved Uses"). ln the event that the Lessee uses the premises for anv
purposes not expresslv oermitted herein. such use shall be considered an event of
default under this Lease. The PAL Approved Uses shall be limited to and only
include the followino:
Page 6 of 16
34
a. On-Site PAL Approved Uses. A recreational facilitv for use
bv PAL consistent with its stated mission "to prevent iuvenile
delinquencv throuqh the use of academics. athletics. and artistic
activities" ("PAL's Mission"). which approved uses include PAL's
administrative offices: weiqht room and qvm room membership for
adults: Boxinq Proqram: adult Fitness Center: Hiqh School Fitness
Prooram: distribution of snacks; community meetinos and Miami-Dade
Countv elections' pollinq place. PAL also participates in the followinq
sponsorships/collaborations with communitv orqanizations. includinq
Another Chance Prooram Bicycle Proqram: Book Baq Giveawav: Bov
Scouts: Bus Pass Proqram: Girl Scouts: Kinderqarten Corp.: Mommv
& Me: National PAL Mentorino Proqram: Nautilus School Awards
Prooram: PAL Summer Work Prooram: Police Explorers; Rad Kids:
Safetv Patrol Proqrams: Take Your Child to Work Proqram:
Thanksqivinq Basket Giveawav Youth Director CouncilAfouth
b. Pal and Citv Collaborative Approved,FS,gs. ln addition to the
above mentioned PAL Approved Uses,.,:'thdie are recreational
proorams offered bv the Citv of Miaml::iBeach. which mav have a
P udino. without limitatifrom
ier. ch
7.2 Use by the Citv. Lessorshall,have iccess and usdii"df the premises, as
to include teacher work davs=nd holidays: Frovidinq sports. recreational and
enrichment proqrams in a 'st*prcrvis€d' environment: providinq homework
assistance. computer traininq. cultiral..,qIts. career mentorinq and social skills:
providinq Sorinq Break Camp. Wintei=.,E Eak Camp. and Summer Camp; providino
disaster/hurricane on-site facilitv. as required bv the Citv: orovidinq a venue for
phvsical fitness proqrams: and public meetinqs.
7.3 Additional Proqrams/Adult vs Youth Proorams. The parties aqree
and acknowledqe that. in furtherance of and consistent with the approved uses,
Lessee and/or the Lessor mav wish to include additional activities and/or proqrams
at the premises ("Additional Proqrams"). which Additional Proqrams shall be
mutuallv Qoordinated between the parties. As to the Citv. such Additional Proqrams
shall be coordinated throuqh its Parks and Recreation Department. The Citv and
PAL shall mutuallv aqree upon and approve any such Additional Proorams. in
writino. in advance of their implementation. The Additional Proqrams must be
reasonablv related to the PAL Approved Uses and the Citv Approved Uses and
mav not materiallv interfere with each other's operation. PAL and the Citv hereby
aqree to use reasonable efforts in mutuallv determininq and aqreeinq uoon the
time. olace. and manner in the coordination of such Additional Proqrams, pursuant
to policies and orocedures. which shall be established and mutuallv aqreed upon
more particularlv described in the,;?ltqche4,composite Exhibit A-1, solelv for the
recreational and other communitv a'Cttyities which the Citv offers to the public. as
determined bv the Citv. in its..qole discrqtign:'frg",rl]-time to time. to be in the best
Page 7 of 15
35
bv PAL's Executive Director. on behalf of PAL, and the Citv's Parks and Recreation
Director. on behalf of the Citv. Similarlv, the parties aqree that the schedulino of
anv permitted prooramminq which involves adult participants in the Shared Area
shall be coordinated in advance bv the parties. and memorialized in writino, prior to
the commencement of said adult prooramminq, so that such adult proqramminq
does not conflict with anv children and vouth proqramminq. with the children and
youth proqramminq taking precedence over the adult proqrammino.
7.4 Conflict Resolution. Should a conflict arise wherebv Lessee and
Lessor cannot reach an aoreement with respect to coordinating the shared use of
the premises, including. without limitation. the parties' failure to aqree to an
Additional Proqram, the matter mav be brouqht to the attention of the Citv
Manaqer. wherebv the Citv Manaqer will issue a written decision with respect to
the conflict. lf either partv is not satisfied with the decision of the Citv Manaoer. the
decision mav be appealed to the Citv Commission within thirtv (30) days from the
date of the Citv Manaqer's written decision and. if appealed timelv. the final
decision of the Citv Commission shall be bindi
7.5 ln the event that Lessee seeks to use thC pr€ s for additional
proqrams. services. activities, and uses which are materiallv different from the
approved uses (as enumerated in subsection 7.1). then each suchi:firoposed new
prooram. service. activitv and use shall be subiect to the prior written approval of
7.6 Operation and:$efi,agernent of the Premises. Subiect to the
approved uses enumerated.in subsedti.-oJ 7.1 (as same mav be amended from time
to time). and anv and all other terms. limitations and required approvals contained
in this Lease. and complianceX[i-.,i*h all ap fipable laws, includinq. without limitation.
a. Manaqe and operate"'the PAL Area. in connection with the PAL
Approved Uses. activities. services. and proorams thereon. for the purpose of
coordinatino. implementino. and supervisinq all PAL Approved Uses:
b. Maintain and provide for the dav-to-dav maintenance and
housekeepinq of the PAL Area:
c. Provide and maintain. at its sole cost and expense. all labor.
personnel. materials, equipment. and furnishinos. as reasonablv required. to
operate the PAL Area. in accordance with the approved uses set forth in
subsection 7.1. ln the event anv materials, equipment. and/or furnishinos are lost.
stolen. or damaqed, thev shall be promptlv replaced or repaired at the sole cost
and expense of the Lessee:
d. Supervise and direct all PAL emplovees. officers, aqents.
contractors. invitees. visitors. and guests on the PAL Area and Shared Area. when
beinq utilized bv PAL:
bv the Citv Manaqer. all such new prooram(s). sdi.vice{S}=ctivity(ies), and use(s)
shall be memorialized bv written amendment to thiS-:Lease. 4
Page 8 of 16
36
e. Maintain and supervise detailed, accurate and complete financial
and other records of all Lessee activities under this Lease in accordance with
oenerallv accepted accountinq principles. All financial records maintained
pursuant to this Lease shall be retained bv Lessee as lonq as such records are
required to be retained pursuant to Florida Public Records Law. and shall be made
available upon reasonable notice bv the Citv:
f. Develop and implement proorams and activities which support and
promote the PAL Approved Uses (as same may be amended from time to time);
and
q. Coordinate and cooperate with the Citv. in connection with approved
Additional Proqrams. as set forth in subsection 7.3 hereof, which coordination and
cooperation shall not be unreasonablv withheld or delaved. and orovided that such
Additional Proqrams do not materiallv interfere with PAL or the Citv's operations.
7.7 Hours of Operation. Lessor and Lessee herein aqree that the
normal hours of operation for the premises shall be from 6:30 AM to 11:00 PM,
Mondav throuoh Fridav. and 8:00 AM to 8:00 PM. durino the weekend, in order to
accommodate the various proqrams which operate f,fom the Dremises. includinq.
but not limited to: Y
a. PAL's Use of Premises, llf/'/.,/, .:
tt4 iam i eeach polide Rthdt6 LA;64-.::::,,,,.
o Mondav throuqh Fridav 7:00 AM - 9:00 PM
' U-S,OOPttt
::: u:Sundav '' (de06hds upon proqiam or event)
b. Citv's Use of Premises:
Mondav throuoh Fridav 8:30 AM - 9:00 PM
Saturdav and Sundav 8:30 AM - 9:00 PM
The parties recoqnize and acknowledqe that under certain circumstances.
(i.e. special events, special proqramminq, etc.), the normal hours of operation mav
be modified to accommodate a special event or proqram. Lessee mav be
permitted to extend its hours of operation. but anv prolonqed extension shall be
subiect to the prior written consent of the Citv Manaqer (which consent shall not be
unreasonablv withheld or delaved ).
7.8 Lessor herebv consents to Lessee subleasinq a portion of PAL's
Area to Miami Beach Policeman's Relief and Pension Fund, a
Miami Beach Police
Page 9 of 15
37
A-1. Additionallv. Lessor herebv consents to Lessee subleasinq the portion of the
premises delineated for use as a fitness center (the "Fitness Cente/') on Exhibit A-
1 to Miami Beach Police Athletic Leaque Fitness Center, lnc.. a Florida for profit
corporation. which entitv is whollv owned bv PAL ("MB PAL Fitness Center").
As consideration for Lessor's approval of these subtenants. PAL indemnifies and
holds harmless Lessor. its elected officials. officers. emplovees and aqents
(collectivelv. the Citv). from and aoainst anv and all damaoes. losses and all
claims. counterclaims. suits. demands. actions. causes of action. setoffs. liens.
attachments, debts. iudqments. liabilities or expenses includinq. without limitation.
attornev's fees and leqal costs bv reason of anv claim, suit or iudqment arisinq or
alleoed to arise from. or relatinq to the use of the premises bv anv of said
subtenants. includinq. without limitation, real estate taxes which mav be assessed
aqainst the premises as a result of the use of the premises by anv of the approved
subtenants. Additionallv. PAL shall ensure that all said approved subtenants shall
secure anv requisite qovernmental approvals to operate from the premises,
includinq the requisite business tax receiots.
Additionallv. as further consideration for the apprgll$l|Lf the Miami Beach Police
Athletic Leaoue Fitness Center. lnc.. and as an additional public benefit. PAL shall
full access pricinq that is at least 25% off .the non-emOibyee membership fee.
subiect to compliance with the Citv's policies and procedures. includinq, without
limitation. anv oift policies. as mav be amended from time to time.
8.
9.
Paragraph 10 on page 3 of the Lease is nereOy deleted in its entirety.
10, tessee agrees te keeB interier eJ-{he premises in geed eenditien during the
eentinuatien ef the term heiEiDr.demised, and every part thereef, ineluding the
ptumgingr d€ers an
eenditien and repair' erdinary weai and tear' fire' hurrieane er ether aet ef Ged
arene exeepted; and will net suffer er permit any strip er waste ef th+premises,
Paragraph 19 on page 4 of the Lease is hereby deleted in its entirety.
19, the tessee agrees that this tease shall be subjeet and suberdinate te any
ises
+ses,
10. Paragraph 20 on page 4 of the Lease is amended as follows:
20. At the expiration of the term hereof, the Lessee shall quietly and peaceably
deliver the premises, and anv equipment. furnishinqs. and fixtures (excludinq the
equipment for the Fitness Center (as defined in subsection 7.8)) to the Lessor, in
the same repair and condition in which they were received, ordinary wear and tear
excepted. Ne estate fer years is ereated by this tease, tessee shall be allewed te
Page 10 of 16
38
remeve these "trade fixtures" installed by tessee' and as set ferth in Paragraph 3,
11. Paragraph 21 on page 5 of the Lease is hereby deleted in its entirety.
the tesser seven (7) days written netiee ef needed repairsr and the tesser shall
irs.
12. Paragraph 26 on page 5 of the Lease is amended as follows:
26. Should any mechanics' liens. mortqaqes. or other liens be filed against the
premises or any part thereof for any reason whatsoever by reason of Lessee's acts
or omissions or because of a claim against Lessee, Lessee shall cause the same
to be cancelled and discharged, of record, by bond or othenvise within $n*enty thirtv
(2O 30 days after the filing such lien.)
13. Paragraph 27, commencing on page
entirety.
dit "
"t'11'W5 of the Lease-CSltihereby deleted in its
:::::::::::
14.
time as the premises are ready fer eeeupaney'*d'1F'brgemmeneement date ef the
terminatien date set ferth en Page t hOreef,
For Lessor:
With a copy to:
For the Lessee:
1 700 Convention'Center Drive
Miami Beach, Florida 33139
+vqu+rafg=gubbin Raul J. Aquila
City Attorney
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
E€lEni€tl*in€rE
Executive Director
999 11th Street
Miami Beach, Florida 33139
Page 11 of 16
.'i4 '"^l
Paragraph 30, commenclpg oh "page 6 of the Lease, is amended to update the
d e s i g n ated pa rti e s f or noli€6,!:4p rpose s"';fu
,fo
I |ows :
With a copy to:
39
Chief of Police
1 100 Washington Avenue
Miami Beach, Florida 33139
15. Paragraph 31 on page 7 of the Lease is hereby amended to reflect that the
Comprehensive General Liability lnsurance coverage is increased from $300,000
to $1,000,000.00 per occurrence for bodily injury and property damage.
16. Paragraph 31, on Page 8 of the Lease, entitled "Limitation of Liability", is hereby
renumbered to reflect Paragraph 32, instead of 31.
17. Paragraph 33 is hereby added to the Lease, as follows:
33. Executive Director. PAL shall hire. at its own expense. an Executive Director.
who will manaqe and operate all PAL activities, includinq fundraisinq. Within sixtv
(60) davs from the Effective Date of this Second Amendment, Lessee shall
recommend a candidate for the Executive Director position. to replace the full-time
police officer currentlv assioned to this position. The new Executive Director. as
well as anv subsequent Executive Directors for PAL, shall have sionificant
experience in non-profit oroanizational manaqement, as well as in charitv
fundraisino. Additionallv. the hirino of this new ExegUfiVe Direitor. as well as anv
subsequent Executive Directors. shall require the piibr written approval of the Citv
Manaqer. on behalf of the Lessor. which approValiiishall .not be unreasonablv
withheld. For qood cause. and upon the request of the LesSee. the Citv Manaqer
mav extend the time to secure a candidate.j the Exbcutive Director position.
which extension shall not be unreasonable withheld.
18. Paragraph 34 is hereby added to the Lease, as follows:
34. Desiqnated Police Officer. The,,City shall continue to support PAL's vouth
services to the community bv assiqninc,, q*]p- full.time police officer, to be
selected bv the Citv's Chief of Police..at his'6i,.her reasonable discretion, and
who shall be charqed with the spdcificassiqnmCnt of supervisinq the police-
communitv proqrams. consislent with''PAl'Stftission of servino vouth, excludino
fundraisinq activities ("Dedicated Police Officer"). Durinq this assiqnment. the
Dedicated Police Officer shall report to the Chief of Police or his or her
desiqnee. However. said Dedicatd Police Officer mav also be directed bv
PAL's Executive Director. for dav to dav duties. so lono as the Dedicated Police
Officer operates at all times within the rules of the Citv and the Citv's Police
Department, works primarilv on proqrams for the vouth, and does not enqaqe.
directlv or indirectlv. in fundraisino activities.
19. Paragraph 35 is hereby added to the Lease, as follows:
35. This Lease is made with the understandinq that Lessee shall at all times,
throuqhout the term of this Lease. remain a Florida not-for-profit corporation,
pursuant to Chapter 617, Florida Statutes. the Florida Not For Profit
Corporation Act. and maintain a federal tax exemption pursuant to IRC
501(cX4). ln the event that Lessee ceases to be a not-for-profit corporation.
this Lease shall be subiect to termination upon thirtv (30) davs written notice bv
Lessor to Lessee. Notwithstandinq the foreqoinq, Lessee shall be permitted to
operate the Fitness Center throuqh PAL's related entitv. Miami Beach Police
Athletic Leaque Fitness Center. lnc., a Florida for-profit corporation. which
Page 12 of 16
40
Lessor has approved as a subtenant in subsection 7.8 of the Lease. subiect to
the conditions set forth therein.
20. Paragraph 36 is hereby added to the Lease, as follows:
36. Revenues from PAL related activities. financial records and reports.
36.1 Revenues from PAL Related Activities. The Lessor herein
acknowledoes that Lessee mav derive additional revenues from a portion of the
approved uses it conducts on the premises (such revenue qeneratinq uses
mav include. from time to time. events on the premises. specialtv sales.
classes. lectures. and sale of food and beveraqes). Anv revenue-qeneratino
uses conducted from the premises must be in accordance with the approved
uses in subsection 7.1 and consistent with this subsection 36.1 of the Lease.
All revenues received bv Lessee in connection with such uses shall be
dedicated exclusivelv to help fund Lessee's manaqement. operation. and
maintenance of the premises. as required herein. ln the event that revenue(s)
pertainino to Lessee's operation exceeds expenses durino a particular budqet
vear (in accordance with proiected annual operatinq budqet submitted by
Lessee to Lessor. pursuant to subsection 36.2,llprein). Lessor and Lessee
aqree that such excess. if anv. shall be applied iibv Lessee to support other
contributions
m
For
rivate
resultinq from the activities of Lessee on the premis.gs shSlljnure to the benefit
of anv private individual. Anv revenue qeneratinq tuseb which are not
or at such other olace
comolete
uses. services. proqrams. eventsir:*Fg=ctivities (includino. without limitation all
revenue qeneratinq uses) beinq conducted on the premises bv PAL and MB
PAL Fitness Center, and shall qive the Citv Manaqer. or his authorized
representative. access durinq reasonable business hours to examine and audit
such records and accounts.
Throughout the term of this Lease. and no later than one hundred and twentv
(120) davs followinq the closinq of Citv's fiscal vear (October 1st - September
30th). Lessee shall provide the Citv Manaoer with an annual report of all uses.
services, programs. events, activities and operations (includino. without
limitation. all revenue qeneratinq uses) ("PAL Proqrams") conducted uoon the
premises bv PAL and MB PAL Fitness Center. referencinq the number of
persons participatinq in the PAL Proqrams. Simultaneouslv with said annual
report for the PAL Proqrams, Lessee shall provide Lessor with audited financial
statements for PAL and MB PAL Fitness Center. certified as true, accurate and
complete bv Lessee and bv its certified public accountant.
Page 13 of 16
41
36.3 The annual report for PAL and MB PAL Fitness Center shall also
include a Profit and Loss Statement (includinq qross revenues bv cateqories
from all revenue sources and operatinq expenses bv cateqories), and a
detailed vear-end Balance Sheet.
21. Paragraph 37 is hereby added to the Lease, as follows:
37. Budqet and Fundino for PAL.
37.1 Throuqhout the term of this Lease, Lessee shall prepare and
present, commencinq on Auqust 1. 2015. and thereafter bv Auoust 1 of
each vear. a proposed. detailed line item annual operatino budqet for
Lessee and MB PAL Fitness Center for the period from the next October 1
to September 30th, for review bv the Citv Manaqer. Said budqet shall
include a proiected income and expense statement: proiected year-end
balance sheet: statement of proiected income source.g: and application of
funds. Additionallv, the budqet shall also include./iiiithout limitation. the
followinq detailed proiections for PAL and MB PAL Fitness Center:a. Gross revenues bv cateoories from SlP"r6Venue sources and
revenue qeneratinq uses derived on the premises: i'
b. Operatino expenses:
c. Administrative. labor and qeneral expenses:d. Marketino. advertisinq and promotion expenses:e. Utility costs: l
f. Reoular repairs and maintenance coSts: andq. ln addition to subsection (f) ab-Y,,g. Lbsqgg_ shall identifv for the
Lessor, such lono term capital repairsl gfrd maintenance of facilitv
infrastructure of which Lessee_.mav be awaig. ln coniunction with this
subsection (q). Les_F.eg-=Agreea to allqw LeSsor and/or its authorized
representative(s) q.oSESS t rthq premises. as the Citv Manaqer mav deem
necessarv, in his reagg._nable iudgment qnd discretion and upon at least 24
hours prior notice (written or verc,g!). for the purpose of Lessor conductinq
its own facilitv assessment.
37.2 Proorammatic Plan. "i: eOmpanyinq Lessee's proposed annual
budqet shall be Lessee's proorammatic plan for Lessee's upcominq fiscal
vear. detailinq the then-known (planned) PAL Proqrams (includinq an
proqrams for the MB PAL Fitness Center) and the number of users
anticipated.
22. Paragraph 38 is hereby added to the Lease, as follows:
38. Use of Off-Dutv Police Surcharqe. PAL shall receive $1.00 per hour of the off-
dutv police surcharqe fund ("Surcharqe Contribution"). subiect to fundinq
availabilitv. durinq the term of this Lease. This Surcharoe Contribution shall be
paid to PAL on a quarterlv basis. upon PAL presentinq a written request to the
Chief of Police or his or her desiqnee. PAL mav use the Surcharoe
Contribution for the pavment of the salarv of the Executive Director. PAL's
Utilitv Expenses. PAL's proqramminq. and other like operational expenses.
Page 14 of 15
42
23. Upon execution of this Second Amendment, the Memorandum of Understanding
("MOU"), dated as of October 29, 2007, shall be void ab initio. The parties
acknowledge that the only agreements in effect, relating to the premises, shall be
the Lease Agreement, the First Amendment and this Second Amendment. ln
consideration of the mutual covenants contained in this Second Amendment,
receipt of which is hereby acknowledged, Pal, on its behalf and on behalf of its
successors and/or assigns, hereby releases and forever discharges, and expressly
agrees to indemnify and hold harmless the City of Miami Beach, its Mayor,
Commissioners, Officers, employees, Agents, Representatives and Members,
together with their successors and/or assigns, from any and all alleged or actual
claims, actions or damages which PAL shall or may have arising out of or relating
to the MOU or PAL's alleged failure to receive any benefits or privileges under the
MOU including, without limitation, the $1.00 Surcharge referred to therein.
24.|n light of the longstanding relationship between the City and PAL and the benefits
which the PAL organization provides to the Miami Beach residents and community
at large, and further subject to PAL being in good standing$der the Lease, it is
the intent of the Administration, within a year of the Effe-.eti$ Date of this Second
Amendment, to place an item for discussion before th.d== y1Q,g;nmission, relating
to the possible approval of a new [ease with PAL, e-ff@ively efiQgding the current
lease term for a period of time in excess of ten (1OFars. The pEfl|j,p,-,,-,,-,,-,,-,s understand
that the approval of said new lease by the City Commission, shall"Hb,in the City
Commission's sole discretion, and said appr,,$N,#),: if granted at all, shallte subject
to any other approvals which may be requireilil#lftSer the City Code or City Charter,
including, if required, the approval of said new ffis'b\h.y4 majority of the voters in a
City-wide referendum q
25. Except as amended herein, all othei terms ino *;Uilfn. or in" L""r" Agreement
and First Amendment shall remeiR.unchanged and in f$ll force and effect.
1..-
rHE REMATNDER orTWr;^,rAGElS INTENIoNALLY LEFr BLANK.
%,1r,,4i,,,,_
..,,,,i
Page 15 of 16
43
lN WITNESS WHEREOF, the parties hereto have caused this Second Amendment
to be executed by their appropriate officials, as of the date first entered above.
FOR LESSOR:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:By:
Rafael E. Granado, Gity Clerk Philip Levine, Mayor
BY:
Print Name:
FOR LESSEE:
MIAMI BEACH POLICE
ATHLETIC LEAGUE, !NC.
ATTEST:
BY:By:
BY:
Secretary President
Print Name:
F:ATTOffORG/ASSET/PAUSECONDAMENDMENTTOLEASEAGREEMENT6-25-201SRedlined Draft
Page 16 of 15
44
t\
A
ffi
Location Map
999 11th Street
*;ir.l
fffi _ *4 {tt
utmm}]qr[Iw
t
n
F
i
* . tnlxx*m'j 4d.l. r#l
I
fii,n r i
13.367 totat Sq Ft -
45
WEST
la.nlrl(J
l.)
Community Room
(Shared)
Stairs
=JJ
-l-
Wrestling Room
(Shared)
Recreation Restroom
(PARKS)
Playtime Room
(PARKS)
Hallway Elevator
(Shared)
Each maintains
comDuter stations Kitchen
(Shared)
Recreation
Office
(PARKS)
FOP Office
(PAL)PAL
Executive
Office (PAL)
Women's
Restroom
(Shared)
*Needs ADA*
Men's Restroom
(Shared)Gym Office
(PAL}
Fitness Center
(PAL)
Fitness Center
(Cardio Room)
(PAL)
Exhibit A-1
NORTH
EAST
SOUTH
46
NORTH
Classroom
(Arts & Crafts Room)
(PARKS)
Computer Lab
(Shared)
Classroom
(Guitar Room)
{Shared)
m
o
q,,+o5
=
JJ
-
Library (Shared)
Classroom
(Homework Room)
(Shared)
Office (PAL)
Computer Lab
(Shared)
Stairs Opening
47
THIS PAGE INTENTIONALLY LEFT BLANK
48
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The City Manager To
Enter lnto Eight (8) Consent Orders With The State Of Florida Department Of Health For Noticed Permit Violations Dating
Back To 2012, Associated With City Water Systems Being Placed lnto Service Without The State Of Florida, Department Of
Health Approval Or State Clearance ln Violation Of 62-555.345, F.A.C., And 403.121(3) (A), Florida Statutes;And Authorizing
The To Execute The Eiqht (8) Consent Orders Attached Hereto As Exhibit 1, For A Total Cost Of $31,500.
ltem Summarv/Recommendation :
The State of Florida Department of Health (DOH) notified the City of Miami Beach on July 6, 2012lhat records of several water
main extension projects may have been constructed or placed into operation without the required clearance from the Department.
Over the past 15 years the City has approved a number of development projects that have been constructed. lt is often necessary
to also install larger water mains and associated equipment due to the increased demand for water services. As a result, the
permittee for the project(s) has a professionally licensed engineer prepare and submit permit plans to the Department of Health
(DOH) to expand water services to the project area. As the City is the water supplier, the City is also required to sign the DOH
permit application along with the developer's licensed engineer (engineer of record).
Prior to placing any component of the water system into service, whereby water is passed through the new water main or water
system for consumption, the water system must be pressure tested, flushed, and the water tested for bacteria on two (2)
consecutive days. The results from a certified laboratory are then submitted to the DOH for clearance to activate the component
proposed prior to the component being placed into service.
DOH has authority derived from the Florida Statues and through an lnteragency Agreement between the State and the federal
government to implement the Florida Safe Drinking Water Act Program of January 1 , 2010. Additionally, the DOH, through
Chapter 62-555.345(5), Florida Administrative Code, requires that "suppliers of water shall ensure that permittees have obtained
written clearance from the department before suppliers of water turn on water to permittees."
On July 6,2012, the DOH issued a letter notice of violation to the City citing five (5) projects which DOH records indicated expired
permits and failure to test and obtain written clearance of the water system from DOH. lt appears several of the expired permits
dating back to 2003 through 2010. Since that time, the City of Miami Beach Department of Public Works has been working with the
DOH to close out these open permits. During a complete review of all of the pending DOH applications, additional incomplete
permit files were discovered. Over 15 files were identified as questionable. ln most cases, all of the documentation was in the
possession of the engineer of record, but the permittee and engineer(s) failed to provide the testing information to the DOH priorto
the water components being placed into service. ln a couple of cases the projects were never constructed. ln other cases, the
records could not be located as the applicable engineer of record was no longer in business, and as a result, new testing was
performed to ensure compliance with DOH requirements. None of the subsequent testing identlfied any results that failed to meet
DOH standards.
Although the permits are now closed, and in compliance, the DOH has issued eight (8) Consent Orders to the City of Miami Beach
fornine(9)violationsof62-555.345F.A.C.and403.121(3)(a). EachConsentOrderacknowledgesthatDOHrequestedthatthe
City undertake certain actions to resolve the violations and that the prescribed actions have been completed. However, due to the
nature of the violations, the City, as the water provider, remains subject to civil penalties, as well as costs incurred by the DOH
during the investigation of the matter. DOH is seeking $3,000 in civil penalties and $500 in expenses for each violation (3,500 x 9
violations) for a total cost to the City of $31 ,500. lt is the intention of the Administration to seek reimbursement from the applicable
permittee and/or engineer of record for each violation.
By agreeing to the terms of the Orders, which include acknowledging and waiving rights to appeal and paying the fines, the
Consent Order will constitute a final order of the DOH, unless a request for an administrative hearing is filed by a third party. The
DOH acknowledges that the City's acceptance of the offer does not constitute an admission of liability for the violations
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Source of
Funds:
OBPI
Financial I Summa
Clerk's Office lative T
Works\Consent Decree - summary.doc
Asenda Item R'J K
Board Recommendation:
Financial lnformation :
Eric Public Works X6012
# AAIANN IBEACH Date Z-(Gl649
C MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
CO ISSION MEMORANDUM
TO:Mayor Philip Levine and Members of th City Co
FROM: Jimmy L. Morales, City Manager
DATE: February 10,2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO ETGHT (8) CONSENT ORDERS WITH THE
STATE OF FLORIDA DEPARTMENT OF HEALTH FOR NOTICED
PERMIT VIOLATIONS DATING BACK TO 2012, ASSOCIATED WITH
CITY WATER SYSTEMS BEING PLACED INTO SERVICE WITHOUT
THE STATE OF FLORIDA, DEPARTMENT OF HEALTH APPROVAL OR
STATE CLEARANCE IN VIOLATION OF 62.555.345, F.A.C., AND
403.121(3) (a), FLORIDA STATUTES; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE EIGHT (8) CONSENT ORDERS
ATTACHED HERETO AS EXHIBIT 1, FOR A TOTAL COST OF $31,500.
BACKGROUND
The State of Florida Department of Health (DOH) notified the City of Miami Beach on July 6,
2012 lhat records of several water main extension projects may have been constructed or
placed into operation without the required clearance from the Department.
ANALYS!S
Over the past 15 years the City has approved a number of development projects that have been
constructed. lt is often necessary to also install larger water mains and associated equipment
due to the increased demand for water services. As a result, the permittee for the project(s) has
a professionally licensed engineer prepare and submit permit plans to the Department of Health
(DOH) to expand water services to the project area. As the City is the water supplier, the City is
also required to sign the DOH permit application along with the developer's licensed engineer
(engineer of record).
Prior to placing any component of the water system into service, whereby water is passed
through the new water main or water system for consumption, the water system must be
pressure tested, flushed, and the water tested for bacteria on two (2) consecutive days. The
results from a certified laboratory are then submitted to the DOH for clearance to activate the
component proposed prior to the component being placed into service.
DOH has authority derived from the Florida Statues and through an lnteragency Agreement
between the State and the federal government to implement the Florida Safe Drinking Water Act
Program of January 1,2010. Additionally, the DOH, through Chapter 62-555.345(5), Florida
Administrative Code, requires that "suppliers of water shall ensure that permittees have
50
Commission Memorandum -Consent Decree.
February 10,2016
Page 2 of 2
obtained written clearance from the department before suppliers of water turn on water to
permittees."
On July 6, 2012, the DOH issued a letter notice of violation to the City citing five (5) projects
which DOH records indicated expired permits and failure to test and obtain written clearance of
the water system from DOH. lt appears several of the expired permits dating back to 2003
through 2010. Since that time, the City of Miami Beach Department of Public Works has been
working with the DOH to close out these open permits. During a complete review of all of the
pending DOH applications, additional incomplete permit files were discovered. Over 15 files
were identified as questionable. ln most cases, all of the documentation was in the possession
of the engineer of record, but the permittee and engineer(s) failed to provide the testing
information to the DOH prior to the water components being placed into service. ln a couple of
cases the projects were never constructed. ln other cases, the records could not be located as
the applicable engineer of record was no longer in business, and as a result, new testing was
performed to ensure compliance with DOH requirements. None of the subsequent testing
identified any results that failed to meet DOH standards.
Although the permits are now closed, and in compliance, the DOH has issued eight (8) Consent
Orders to the City of Miami Beach for nine (9) violations of 62-555.345 F.A.C. and
403.121(3)(a). Each Consent Order acknowledges that DOH requested that the City undertake
certain actions to resolve the violations and that the prescribed actions have been completed.
However, due to the nature of the violations, the City, as the water provider, remains subject to
civil penalties, as well as costs incurred by the DOH during the investigation of the matter. DOH
is seeking $3,000 in civil penalties and $500 in expenses for each violation (3,500 x 9 violations)
for a total cost to the City of $31,500. lt is the intention of the Administration to seek
reimbursement from the applicable permittee and/or engineer of record for each violation.
By agreeing to the terms of the Orders, which include acknowledging and waiving rights to
appeal and paying the fines, the Consent Order will constitute a final order of the DOH, unless a
request for an administrative hearing is filed by a third party. The DOH acknowledges that the
City's acceptance of the offer does not constitute an admission of liability for the violations.
CONCLUSION
The Administration recommends the adoption of the resolution and authorizes the City Manager
to execute the eight (8) Consent Orders and pay the civil penalties and costs of $31,500 to the
Depafiment of Health.
,r*,=ffirrffir,r$
T:\AGENDAVOl 6\February\Public Works\Consent decree - MEMO.docx
51
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZ!NG THE CITY
MANAGER TO ENTER INTO EIGHT (8) CONSENT ORDERS WITH THE
STATE OF FLORIDA DEPARTMENT OF HEALTH FOR NOTICED
PERMIT VIOLATIONS DATING BACK TO 2012, ASSOCIATED WITH
CITY WATER SYSTEMS BEING PLACED INTO SERVICE WITHOUT
THE STATE OF FLORIDA, DEPARTMENT OF HEALTH APPROVAL OR
STATE CLEARANCE IN VIOLATION OF 62.555.345, F.A.C., AND
403.121(31 (a), FLORIDA STATUTES; AND AUTHORIZING THE GITY
MANAGER TO EXECUTE THE EIGHT (8) CONSENT ORDERS
ATTACHED HERETO AS EXHIBIT I, FOR A TOTAL COST OF $31,500.
WHEREAS, the State of Florida Department of Health (DOH) under Chapter 62-
555.345(5), Florida Administrative Code, requires that "suppliers of water shall ensure that
permittees have obtained written clearance from the department before suppliers of water turn
on water to permittees;" and
WHEREAS, the City of Miami Beach as the water supplier for the City, is required to
sign off on all permits to the DOH to expand or enhance water services in the City to the
construction of new development projects that may increase water consumption; and
WHEREAS, it appears that between 2003 and 2012, several permit applications were
filed with the DOH, but were not closed out properly; and
WHEREAS, on July 6,2012, the DOH issued a letter notice of vlolation to the City citing
five (5) projects which DOH records indicated expired permits and no written clearance of the
water system; and
WHEREAS, since that time, the City of Miami Beach Department of Public Works has
been working with the DOH to close out these open permits, and conduct all necessary testing;
and
WHEREAS, none of the subsequent testing identified any results that failed to meet
DOH standards; and
WHEREAS, although the permits are now closed, due to compliance, the DOH has
issued eight (8) Consent Orders to the City of Miami Beach for nine (9) violations of 62-555.345
F.A.C. and 403.121(3Xa); and
WHEREAS, each Consent Order acknowledges that DOH requested that the City
undertake certain actions to resolve the violations and that the prescribed actions have been
completed; and
WHEREAS, due to the nature of the violations, the City, as the water provider, remains
subject to civil penalties, as well as costs incurred by the DOH during the investigation of the
matter. DOH is seeking $3,000 in civil penalties and $500 in expenses for each violation (3,500
x 9 violations) for a total cost to the City of $31,500; and,
52
WHEREAS, by agreeing to the terms of the Orders, which include acknowledging and
waiving rights to appeal and paying the fines, the Consent Order will constitute a final order of
the DOH, unless a request for an administrative hearing is filed by a third party; and
WHEREAS, the DOH acknowledges that the City's acceptance of the offer does not
constitute an admission of liability for the violations; and
WHEREAS, the administration recommends approving the resolution and authorize the
City Manager to execute the attached eight (8) Consent Orders and to pay the total penalties
and costs of $31,500 to the Department of Health.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CIry GOMMISSION
OF THE Clry OF MIAMI BEAGH, FLORIDA, authorizing the City Manager to enter into Eight
(8) Consent Orders with the State of Florida Department of Health for noticed permit violations
dating back to 2012, associated with City water systems being placed into service without the
State of Florida, Department of Health approval in violation of 62-555.345, F.A.C., and
403.121(3) (a), Florida Statutes; and authorizing the City Manager to execute the eight (8)
Consent Orders attached hereto as Exhibit 1, for a total cost of $31,500.
PASSED and ADOPTED this day of February, 2016
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR.EXECUTION
-tLl" \- L- +- t b
,r*onffi
F:\ATTO\BOUE\RESOS\INTERLOCAL RESOLUTION ON PRE-K WITH MDCSB.docx
53
John H. Amstrong, MDRick Scott
Covemor General
July 6,2012
Mike Alvarez
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr, Alvarez:
Our records indicate that several water main extension projects permitted under the referenced numbers
\yere or may have been oonsfuucted and placed into permanent operation without the required olearance
from the deparhlent in violation of the conditions under which the permits was issued.
Chapter 62-555.345 Florida Adninistratiye Code requires that no public water systern components
constructed or altered under a permit granted by the departrnent shall be placed into permanent
operationwithout prior d.epartment's approval or clearance, Specifi'cally, Chapter 62'555.345 (5)
itortdo Administratiye Code requires that "suppliers of waler shall ensure that permittees have obtqined
written clearancefront the departnrcnt before suppliers ofwater turn onwater to penfiiltees".
By this letter, the department is requesting that you provide dooumentation to evidonce that the attached
listed projects received proper clearance before you turned on the water to the permrttees' If the
aforernentioned projects have not obtained proper clearance from the department, the pennittees shall
return and follow all clearance process to ensure the integrity of the water lines'
WaUreswllin n fine of up to $ 3,000,00 .and/or other penslties.in accordance willlChapter
40 3, I 21 (il (il Florida Statutes,
We look forward for your cooperatian fo thrs matter by responding within fifteen (15) days from
the date of receipt of this lettar. Failure to compty witl teave us with no alternativa to proceed as
previously sfafed.
We do advanoe for your cooperation.
P
Pro nai Engineer Supervisor I
Cc: Samir , PE, DEE, CEHP, PhD
Tracie Dickerson, Esq. (MDCHD)
Samil Elmir, PlrD, PE, DEE, CEHP' Director
Environmmtal Health and Engineering
Mianri-Dade County Llealth Depattment
1725 Nw 16?tr'Street, Miami Gardens, Floridq 33056
Tell (305) 623'3500 Fax: (305) 623'3502
Email: Samir Elmir@doh,state.fl 'us
Wehcife' uvw dadehealfh nro
@
PubttcHalit
i@
54
Rick Scott
Governor
John H, Armstrong, \4D
State Surseon General
1)
z)
3)
4)
List of Exoife-Permits
Permit Name: Cosrnopolitan at the Court at South Beach
Address : Meridian Avenue & I't Street
Date of Issuez 0112912004
Permit Name: Regatta Condomlniums
Address: 6580 Collins Avenue
Date of Issue: 061L6DA04
Permit Name: Nautica Condominium
Address: 5970-5990 Indian Creek Drive
Date of Issu e: 0510212003
Permit Name: Apogee
Address: 800 South Point Drive
Date of Issuez 7?12U2A05
Perrnit Name: La Gorce Country Club
Address: 5685 Alton Road
Date of Issue: 7012912003
Permit No. 126648-177-DSGP
Expiration Datez 07 129 12009
Permit No. 126648-1M-DSGP
Expiration Datel 0 6/ 16 12009
Permit No. 125648-168-DSGP
Expiration D ate: 05 I 02 12008
Permit No. 126648-197-DSGP
Expiration Date: 7? 120 I 2010
Permit No. 126648-170-DSGP
Expiration D ate: t0 I 29 l20AB
s)
Samir Elmit, PhD, PE, DEE, CEHP, Dlreotor
Environmental Health and Engineering
Miami-Dade Counfy flealth Department
1725 Nw l67th Stleot, Miami Gardens, Florida 33056
Tel: (305) 623-3500 Fax: (305) 623-3502
Bmail: Samir_Blmir@doh.state,fl .us
Wehsite' rrrunv rledphealth oro
@
PubucHealtll
Ei@Effi
55
Exhibit L
Iirslon:
To protect, promote E improve the health
of all people in Florida though integrated
state, clunty & communi$ elforb.
Rlcr lcott
Govemor
John H. Annttrongr ID, FACS
State Surgeon General & Secrelary
Vidon: To be he Healthiest State in the Nation
Sent Via US MailArticle Number: 7@2 24tO Cf04, Tt@ M3
January 14,2016
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
j-:i}
Dear Mr. Carpenter- -_ e ,;
Enclosed please find eight Consent Orders forthe following nine permits where the dity of
Miami Beach, as the supplier of water placed a water system into service without Health
Department approval or clearance in violation of 62-555.345 F.A.C. and 403.121(3)(a). The
fines were determined per permit violation, but to minimize confusion we have combined the
consent orders by Engineer of Record (EOR).
EOR: Carl L. Skiles, PE
DOH Permit Number 126648-168-DSGP
Project Name/Applicant: Nautica Condominium
EOR: Stephen Kutch, PE
DOH Permit Number 126648-170-DSGP
Project Name/Applicant: La Gorce Country Club
EOR: Timothy K. Blankenship, PE
DOH Permit Number 126648-177-DSGP
Project Name/Applicant: Cosmopolitan at the Courts at South Beach
EOR: Kevin J. Sacks, PE
DOH Permit Number 126648-1gs-DSGP
Project Name/Applicant: Miami Beach Senior High School
EOR: Kevin M. Mccabe, PE
DOH Permit Number 126648-197-DSGP
Project Name/Applicant: Apogee / T.R.G. Alaska l, LTD, Joyce Bronson
DOH Permit Number: 126648-223-DSGP
Project Name/Applicant: Block 52 Condominium/TRG Alaska lll, LLC
Florldr D.D.rtr.nt of ll..lth
Ofice olhe Gmeral Consd. Mbn$.Oade & ll,tonroe Countlx
8323 NW 12 StEet Suib 214. l\fiami, Fbida 33126
P|-ONE:78&845{300 . FAX 786{454306
wUw.FlorieleHrelth.gov
TWIIIER:HeathyFt A
FACEBOOK:FLDeparimentolHeallh
YOUTUBE: fldoh
FLICKR: HealthyFla
PINTEREST: HealthyFla
56
EOR: Eithel Sierra, PE
DOH Permit Number 126648-207-DSGP
Project Name/Applicant: 12" Ductile lron Pipe lndian Creek Drive 63-67 St
EOR: Guido Van Meek, PE
DOH Permit Number 126648-225-DSGP
Project Name/Applicant: Caribbean / Caribbean Group Owner, LLC
EOR: Jason McGlair, PE
DOH Permit Nurnber 126648-231 -DSGP
Project Name/Applicant: City Center Bid Package 98
Please review and execute each of the eight enclosed documents and return to rny office"
Payments should include the DEP Permit Numbers assigned and be made payable to "The
State of Florida Department of Health" and should be sent to the FDOH-Environmental Health
Division, Attn: PaulAndre, 1725 NW 167 St., Miami Gardens, FL 33056.
Should you have any questions regarding these actions, please call me at (786) 845-0360.
fr.Dc,Ee,tstrr:
Tracie L. Dickerson
Senlor Attorney
Endosures (8 Consent Orders)
cc: Lillian Rivera, RN, MSN, Ph.D., Administrator DOH-Miami-Dade
Samir Elmir, P.E., Ph.D. DOH-Miami-Dade, Oirector Environmental Health & Engineering
Paul Andre, P.E., DOH-Miami-Dade Environmental Health & Engineering Supervisor
Sincerely,
{.;-o-,
57
illf.lon:
To proEct, promote & inprove the health
of all people in Florida hrough int€grated
strte, munty E community eflorb.
llck lcott
Govemor
John H. A'lrtt?ong, nD, t.lc!
Stat€ Surgeon General & Secrotary
Vlrlon: To be he Healttlsst Sbte in he Nation
Date:
To:
February 10,2015
Samir Elmir, PhD, PE, BCEE, CEHP, DOH-Miami-Dade Director of Environmental Health &
Engineering
Lillian Rivera, RN, MSN, PhD, Adrninistrator, DOH-Miami-Dade
Delegation of Authority for Signature on Department of Environmental Protection
Drinking Water Files
From:
Subject:
Lillian Rivera, RN, MSN, PhD, Administrator, Florida Department of Health in Miami-Dade County (DOH-Miarni-
Dade), hereby gives Samir Elmir, PhD, PE, BCEE, CEHP, Director of Environmental Health & Engineering
signature authority for Consent Decrees generated under the DOH-Miami-Dade Drinking Water Program.
The DOH-Miami-Dade Drinking Water Program is the designated program that regulates small water systems
which provide water for public consumption for the Florida Department of Environmental Protection. The
Authority for the DOH-Miami Dade Drinking Water Program is derived frorn Chapter 403, Part lV, Florida
Statues and by delegation of the federal program from the U.S. Environmental Protection Agency. This program
was delegated to the Florida Department of Health through the lnteragency Agreement for the lmplementation
of the Florida Safe Drinking Water Act Program dated Janua ry 1,20!A.
Drinking Water Program Consent Decrees rnust first be reviewed for sufficiency by the DOH-Miami-Dade legal
department prior to Dr. Elmir/s signature. This authority may not be re-delegated. ln the event of Dr. Elmir's
absence or unavailability to sign, the signature authority will revert back to the DOH-Miami-Dade County
Administrator. Each time this signature authority is used, a scan of the document shall be sent backto the
legal office for filing. The use of rubber stamps, signature plates or other rnechanical devices to affix the
signature is prohibited. For documents requiring signatures of two parties, the Florida Department of Health
signature shall be last.
This delegation of signature authority shall be effective as of the date of signature and will remain in full force
and effect until revoked by me or my successor.
C/7-\-i L ,2-ta-2o{
RN, MSN, Ph
DOH-Miami-Dade
Acknowtedged and Agreed: I b/\x !/L_-/
Samir Elmir, PhD, PE, BCEE, CEHP
DOH-Miami-Dade Director of Environmental Health & Engineering
Date
Florida Department of Health
Miami-Dade County
E175 NW 12th Street, Suite 300, Doral, FL 33126
PHONE: 305-324-2400 . FA)( 786-336-1 297
wtw.Flroddellrrttlr.gov
TWfiIERTHealhyFLA
FACE BOoK: FtDepartm€ntofrleanh
YOUIUBE: fdoh
FLICKR: HealthyFla
PINTERE$T: tlealhyFla
58
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, munty & community efforts.
: . ..-ffi
HEALTH
Rick Scott
Govemor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
Vision: To be the Healthiest State in the Naiion
January 14,2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Environmental Protection v. Citv of Miami Beach as Supplier of
Water,
Engineer of Record: Timothy K. Blankenship, PE
OGC File No.: 2016-00387
DOH Permit Number 126648-177-DSGP
Project Name/Applicant: Cosmopolitan at the Courts at South Beach
Permit Expiration Date: January 28,2004
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of $ 3,500.00.
Respondent's Acceptance
lf you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15,2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 167th Street
Miami Gardens, Florida 33056
Florida Department of Health
Division of Environmental Health and Engineering
Miami-Dade County
1725 NW 167th Street, Miami, FL 33056
PHONE: 305/623-3500 . FAX 305/623-3502
www.Florida Health.gov
TWITTER:HealthyFLA
FACEBOOK:FLDepadmentofHealth
YOUTUBE: fldoh
FLICKR: HealthyFla
PINTEREST: HealthyFla59
FDOH vs. City of Miami Beach as Water Supplier (Timothy Blankenship, P.E.)
OGC No" 201,6-00387
Page2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By acc,epting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S", on the terms of this offer, once final;(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and(4) acknowledge that payment of the above arnount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $3,500.00 in full by February 15,2016.
(2) fhe payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this docurnent, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121 , F.S.
Until clerked bv the Department, this letter is onlv a settlement offer and not a final aoencv action.
Consequently, neither the Respondent nor any other party rnay request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
lf you have any questions, please contact Paul Levelt Andr6, P.E. at 305-623-3500 or at
Paul.And re@flhealth. gov.
Sincerely, I.F
/ vN
Samir Elmr, PE PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health Miami-Dade County
60
By:
FDOH vs. City of Miami Beach as Water Supplier (Timothy Blankenship, P.E.)
OGC No. 2076-00387
Page 3
FOR THE RESPONDENT:
t,lType or Print Namel, HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
Date:
[Signature]
Title:
lType or Printl
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this _ day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to.
Lea Crandal l, Agency Clerk (lea. crandall @dep. state.fl. us)
61
FDOFI vs. City of Miami Beach as Water Supplier (Timothy Blankenship, P.E.)
OGC No. 201,6-00387
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to forrnulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrafive hearing rnust contain a1l of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone nurnber of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
0 A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or rnodification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 davs of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
62
ll, ;sion:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & communrty efforts.
Rick Scott
Governor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
EEEk]I rE"r#r[ffi& IHEALTH i
be the Healthiest State in the NatlonVision: To
January 14,2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: State of Florida Department of Health vs. Citv of Miami Beach as Supplier_qllu/aleL
Engineer of Record: Kevin J. Sacks, pE
OGC File No.: 2016-00390
DOH Permit Number 126648-195 DSGP
Project Name/Applicant: Miami Beach Senior High School
Permit Expiration Date: June 2A,2010
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Depafiment") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3Xa). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3O0O.OO in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of $ 3,500.00.
Res pondent's Acceptance
lf you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15,2016 it to the Department at the
following address:
State of Florida, Department of Health
AfTN: Drinking Water Program
1725 NW 167tn Street
Miami Gardens, Florida 33056
Florida Department of Health
Division of Environmental Health and Engineering
Miami-Dade County
1725 NW 167u, Street, Miami, FL 33056
PHONE: 305/623-3500 . FAX 305/623-3502
www.FloridaHealth.gov
TWITTER:HealthyFLA
FACEBO0K: FLDepartmentofHealth
YOUTUBE: fldoh
FLICKR: HealthyFla
PINTEREST: HealthyFla63
F' JH vs. Ciry of Miami Beach as Water Supplier (Kevin Sacks, PE)
C-lC No. 2016-00390
PageZ
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, it will constituie a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and ernpowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terms of this offer, once final;(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
adrnission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $3,500 in full by February 75,2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121 , F.S.
Until clerked bv the Deoartment, this letter is onlv a settlement offer and not a final aqencv action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the sarne force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
lf you have any questions, please contact Paul Levelt Andr5, P.E. at 305'623-3500 or at
Paul.Andre@flhealth. g ov.
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health Miami-Dade County
64
By:
F" JH vs. City of Miami Beach as Water Supplier (Kevin Sacks, PE)
L.lC No. 2016-00390
Page 3
FOR THE RESPONDENT:
t,lType or Print Narnel, HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
Date:
[Signature]
Title:
lType or Printl
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52, F.S., with the designated Department C1erk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (Lea.cr@)
65
F' JH ,/s. City of Miami Beach as Water Supplier (Kevin Sacks, PE)
u'JC No. 2076-00390
Page4
NOT]CE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by It, have a right to petition for an adrninistrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for adrninisfrative hearing must contain all of the following information:
a) fhe OGC Nurnber assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone nurnber of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A staternent of when and how the petitioner received notice of the Order;
e) Either a staternent of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any rnaterial facts;
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A staternent of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Departrnent to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 davs of recelpt of this
notice. A copy of the petition must also be rnailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
66
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & community efforts.ffi
HEALTH
be the Healthiest State
Rick Scott
Governor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
Vision: To in the Nation
January 14,2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Health v. Citv of Miami Beach as Supplier of Water,
DOH Permit Number 126648-207-DSGP
OGC File No. 2016-00482
Engineer of Record: Eithel Sierra, PE
Project Name/Applicant: 12" Ductile lron Pipe lndian Creek Drive 63-67 St
Permit Expiration Date: October 24,2011
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3Xa). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of $ 3,500.00.
Respondent's Acceptance
lf you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 167m Street
Miami Gardens, Florida 33056
Florida Department of Health
Division of Environmental Health and Engineering
Miami-Dade County
1725 NW 167h Street, Miami, FL 33056
PHONE: 305/623-3s00 . FAX 305/623-3502
www. Florida Hea lth. gov
TWITTER:HealthyFLA
FACE BO0K:FLDepartmentofHealth
YOUTUBE: ffdoh
FLICKR: HealthyFla
PINTEREST: HealthyFla67
. FDGH vs. City of Miami Beach as Water Supplier (Eithel Sierra, P.E.)
OGC No. 2076-00482
PageZ
The Department will then countersign it and file it with a designated clerk of the Depaftment. Once the
document is filed with the designated clerk, it will constitute a final order of the Department pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terms of this offer, once final;(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $3,500 in full by February 15,20L6.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environrnental Health Division,
'1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked bv the Department, this letter is onlv a settlement offer and not a final aqencv action.
Consequently, neither the Respondent nor any other party may request an adrninistrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to pafties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the rnatter and will proceed accordingly.
lf you have any questions, please contact Paul Levelt Andr6, P.E. at 305-623-3500 or at
Paul.Andre@flhealth. gov.
Sincerety, /
Samir Elmir, PE, PhD
Environmental Admi nistrator
Environmental Health and Engineering
Florida Department of Health Miami-Dade County
68
FDCH vs. City of Miami Beach as Water Supplier (Eithel Sierra, P.E.)
OCC No. 2016-00482
Page 3
FOR THE RESPONDENT:
t,lType or Print Namel, HEREBY AGCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date:
[Signature]
Title:
lType or Printl
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Admi nistrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
I'iled, on this date, pursuant to section 120.52, F.S., with the designated Departrnent Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachrnents: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Age ncy Clerk (lea.qandall@dep.state.fl. us)
69
FDCH vs. City of Miami Beach as Water Supplier (Eithel Sierra, P.E.)
OGC No. 2016-00482
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections '120.569 and
120.57, Fiorida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Deparfment's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any materialfacts;
D A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 davs of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
70
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, coLrnty & community efforts.
ffiEG@ rr-I#EEG& IHEALTH i
be the Healthiest State in the Nation
Rick Scott
Governor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
Vision:To
January 14,2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Health on v. Citv of Miami Beach as Supplier of Water,
DOH Permit Number 126648-231-DSGP
OGC File No.: 2016-00480
Engineer of Record. Jason McClair, P.E.
Project Name/Applicant: City Center Bid Package 9B
Permit Expiration Date: February 1 5,2013
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without departrnent approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Departrnent requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been cornpleted.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Departrnent's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Departrnent has incurred in investigating this matter, which
amounts to a total of $ 3,500.00.
Respondent's Acceptance
lf you wish to accept this offer and fully resolve the enforcement rnatter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 167'n Street
Miami Gardens, Florida 33056
Florida Department of Health
Division of Environmental Heallh and Engineering
MiamlDade County
1725 NW 167t,Steet, Miami, FL 33056
PH0NE: 305/623-3500. FAX 305/623-3502
www.FloridaHealth. gov
TWITTER:HealthyFLA
FAC EB0OK: FLDepartmentolHeatth
YOUTUBE: fldoh
FLICKR: HealthyFla
PINTEREST: HealthyFla71
FDOH vs. City of Miami Beach as Water Supplier (Jason McClair, P.E.)
OGC No.2015-00480
Page2
The Department will then countersign it and file it with a designated clerk of the Department. Once the
document is filed with the designated clerk, rt will constitute pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 12Q.57, F.S., on the terms of this offer, once final;(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $ 3,500.00 in full by February 15,20'1.6.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121 , F.S.
Until clerked bv the Department. this letter is onlv a settlement offer and not a final aqencv action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
lf you have any questions, please contact Paul Levelt Andr6, P.E. at 305-623-3500 or at
Paul.Andre@fl health. gov.
Sincerely,
/
/
Samir Elmir, PE, PhD
Environmental Adm inistrator
Environmental Health and Engineering
Florida Department of Health Miami-Dade County
72
By:
FDOH vs. City of Miami Beach as Water Supplier (jason McClair, P.E.)
OGC No.2015-00480
Page 3
FOR THE RESPONDENT:
t,lType or Print Namel, HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
Date:
[Signature]
Title:
lType or Printl
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this _ day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmenta I Admi nistrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52, F"S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall@dep.state.fl.us)
73
FDOH vs. City of Miami Beach as Water Supplier (Jason McCiair, P.E.)
OGC No. 2016-00480
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 720.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to forrnulate
final agency action, the filing of a petition concerning this Order rneans that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone nurnber of each petitioner; the narne, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
seruice purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all materialfacts disputed by the petitioner or a staternent that the
petitioner does not dispute any material facts;
f) A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Departrnent's Office of General Counsel, 3900
Cornmonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 davs of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within lhe 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
underSections 120.569 and 120.57, Florida Statutes" Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
74
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & community efforts.
Rick Scott
Govemor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
Vision: To be the Healthiest State in the Nation
January 14,2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Health Environmental Protection v. Citv of Miami Beach as
Supplier of Water,
Engineer of Record: Guido Van Meek, PE
OGC File No.: 2016-00389
FDOH Permit Number 126648-225 DSGP
Project Name/Applicant: Caribbean i Caribbean Group Owner, LLC
Permit Expiration Date: August 31, 2012
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of $ 3,500"00.
Res pondent's Acceptance
lf you wish to accept this otfer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15, 2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 167th Street
Miami Gardens, Florida 33056
Florida Department of Health
Division of Environmental Health and Engineering
Miami-Dade County
1725 NW 167h Street, Miami, FL 33056
PHONE: 305/623-3500 . FAX 305/623-3502
www.Florida Health.gov
TWITTER:HealthyFLA
FACEB00K:FLDepartmentofHealth
YOUTUBE: fldoh
FLICKR: HealthyFla
PINTEREST: HealthyFla75
FDOH v's. City of Miami Beach as Water Supplier (Guido Van Meek, P.E.)
OGC No.2016-00389
Page 2
The Department will then countersign it and file it with a designated clerk of the Departrnent. Once the
document is filed with the designated clerk, it will constitute a final order of the D pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you.
(1) certify that you are authorized and ernpowered to negotiate, enter into, and accept the terrns of
this otfer in the name and on behalf of Respondent;(2) acknowledge and waive Respondent's right to an adrninistrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terrns of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuantto Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Departrnent acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability forthe violation(s) referenced above.
Res pondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $3,500 in full by February L5,2016.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Departrnent of Health"; (c) include the DEP Permit Nurnber assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once'[!na.[, and seek to collect rnonies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked bv the Departrnent, this letter is onlv a settlement offer and not a final aqencv action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becornes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsirnile, shall be
valid and have the same force and effect as originals. No rnodifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Department's offer, the Departrnent
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
lf you have any questions, please contact Paul Levelt Andr6, P.E. at 305-623-3500 or at
Pau LAndre@flhealth. gov.
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Samir Elmir, PE,
76
By:
FDOH vs. City of Miami Beach as Water Supplier (Guido Van Meek, P.E.)
OGC No. 2016-00389
Page 3
FOR THE RESPONDENT:
I,lType or Print Namel, HEREBY AGCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
Date:
[Signature]
Title:
lType or Printl
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Sarnir Elrnir, PE, PhD
Environrnental Adrn in istrator
Environrnental Health and Engineering
Florida Department of Health
Miarni-Dade County
Filed, on this date, pursuant to section 1"20.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall@dep.state.fl.us)
77
I;DOH vs. City of Miami Beach as Water Supplier (Guido Van Meek, P.E.)
OGC No. 201,6-00389
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order rneans that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the narne, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a staternent that the
petitioner does not dispute any materialfacts;
0 A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 davs of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
78
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
shte, county & community efforts.
Rick Scott
Govemor
John H. Armstrong, MD, FAGS
State Surgeon Geneal & Secretary
Vision: To be the Healthiest State in the Nation
January 14,2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miarni, Beach, FL 33139
SUBJECT: Florida Department of Health v. Citv of Miami Beach as Supplier of ltVatet,
Engineer of Record: Kevin M. McCabe, PE (36841)
OGC File No.: 2015-07455
DOH Permit Number 126648-197-DSGP
Project Name/Applicant: Apogee / T.R.G. Alaska l, LTD, Joyce Bronson
Permit Expiration Date: October 20,2010
DOH Permit Number: 126648-223-DSGP
Project Narne/Applicant: Block 52 Condominium/TRG Alaska lll, LLC
Permit Expiration Date: August 14,2013
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environrnental
Protection ("Department") finds that City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3Xa). Before sending this letter, the Departrnent requested that the Respondent
undertake certain actions to resolve the violation(s). fhese actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
COUNT I
DOH Permit Number 126648-197-DSGP
Project Name/Applicant: Apogee / T.R.G. Alaska l, LTD, Joyce Bronson
Permit Expiration Date: October 20,2010
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this rnatter, which
amounts to a total of $ 3,500.00 for Count l.
COUNT I!
DOH Permit Number 126648-197-DSGP
Project Name/Applicant: Apogee / T.R.G. Alaska l, LTD, Joyce Bronson
Florida Department of Health
Division of Environmental Health and Engineering
Miami-Dade County
1725 NW 167rh Street, Miami, FL 33056
PHONE: 305/623-3500 . FAX 305/623-3502
www'FloridaHealth.gov
TWITTER:HealthyFLA
FACEB00K:FLDepartmentofHealth
YOUTUBE: fldoh
FLICKR: HealthyFla
PINTEREST: HealthyFla
79
FDOH vs. City of Miami Beach as Water Supplier (Kevin McCabe, PE)
OGC No.2075-07455
Page2
Permit Expiration Date: October 20,2010
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of $ 3,500.00 for Count ll.
TOTAL AMOUNT DUE COUNTS I and l! combined: $7.000.00.
Respondent's Acceptance
lf you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15,2016 it to the Department at the
following address:
State of Florida, Departrnent of Health
ATTN: Drinking Water Program
1725 NW 167th Street
Miami Gardens, Florida 33056
The Department will then countersign it and file it with a designated clerk of the Department. Once the
docurnent is filed with the designated clerk, it will constitute a final order of the Departrnent pursuant to
Section 120.52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;
(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terms of this offer, once final;(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and(4) acknowledge that payment of the above amount does not constitute a waiver of the
Departrnent's right, if any, to recover emergency response related costs and expenses for this
matter.
fhe Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $7,000 in full by February 75,20'1.5.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Departrnent of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street MiamiGardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuantto Sections 120.69 and 403.121, F.S.
Until clerked bv the Department. this letter is onlv a settlement offer and not a final aqencv action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
80
FDOH vs. City of Miami Beach as Water Supplier (Kevin McCabe, PE)
OGC No. 2015-07455
Page 3
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Departrnent, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Departrnent's offer, the Department
will assume that the Respondent is not interested in resolving the rnatter and will proceed accordingly.
lf you have any questions, please contact Paul Andr6, P.E. at 305-623-3500 or at
Paul.Andre@flhealth. gov.
Sincerely,
/
Samir Elrnir, PE, PhD
Environmental Adrninistrator
Environmental Health and Engineering
Florida Departrnent of Health
Miami-Dade County
FOR THE RESPONDENT:
t,lType or Print Namel, HEREBY ACCEPT THE
By:
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
Date:
[Signature]
Title:
lType or Printl
81
FDOH vs. City of Miami Beach as Water Supplier (Kevin McCabe, PE)
OGC No. 2075-07455
Page 4
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miarni-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environ mental Adrninistrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
Filed, on this date, pursuant to section 120.52, F.S., with the designated Departrnent Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea.crandall@dep.state.fl.us)
82
EDOH vs. City of Miami Beach as Water Supplier (Kevin McCabe, PE)
OGC No. 2015-07455
Page 5
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be different from the position it has taken in the Order.
The petition for administrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
0 A statement of the specific facts the petitioner contends warrant reversal or modification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 davs of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within the 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
83
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & community efforts.
r F#BmmlI rltJilLt&i HEALTH
Vision: To be ihe Healthiest State
Rick Scott
Govei'nor
John H. Armstrong, MD, FACS
State Surgeon General & Secretary
in the Natisn
January 14,2016
City of Miami Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Departrnent of Environmental Protection v. Citv of Miarni Beach as Supplier of
Water,
DOH Permit Number 126648-170- DSGP
OGC File No: 2016-00479
Engineer of Record: Stephen Kutch, PE
Project Name/Applicant: La Gorce Country Club
Permit Expiration Date: October 29, 2008
Mr. Carpenter,
The State of Florida Department of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403.121(3)(a). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been cornpleted.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Department has incurred in investigating this matter, which
amounts to a total of $ 3,500.00.
Resoondent's Acceptance
lf you wish to accept this offer and fully resolve the enforcement matter pending against the
Respondent, please sign this letter and return by February 15,2016 it to the Department at the
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 167u Street
Miami Gardens, Florida 33056
Florida Department of Health
Division of Environmental Health and Engineering
Miami-Dade County
1725 NW 167m Street, Miami, FL 33056
PH0NE: 305/623-3500 . FAX 305/623-3502
www.FloridaHealth. gov
TWITTER:HealthyFLA
FACE B0OK:FLDepartmentolH ealtr
YOUTUBE: fldoh
FLICKR: HealthyFla
PINTEREST: HealthyFla84
FDOId vs. City of Miami Beach as Water Supplier (Stephen Kutch, P.E.)
OGC No.201.6-00479
Page2
The Department will then countersign it and file it with a designated clerk of the Departrnent. Once the
document is filed with the designated clerk, it wrll constitute a fi pursuant to
Section 120.52(7), F. S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S" and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terms of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter.
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Perfo rmance
After signing and returning this document to the Department,
(1) Respondent rnust pay $3,500 in full by February 15,2016.
(2) The payment rnust: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street MiamiGardens FL 33056.
The Department rnay enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121, F.S.
Until clerked bv the Departrnent, this letter is onlv a settlement otfer and not a final aqencv action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Departrnent.
Please be aware that if the Respondent declines to respond to the Department's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
lf you have any questions, please contact Paul Levelt Andr6, P.E. at 305-623-3500 or at
Paul.And re@fl health. g ov"
Sincerely,
Environmental Adm inistrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
85
By:
FDOI{ vs. City of Miami Beach as Water Supplier (Stephen Kutch, P.E.)
OGC No. 201.6-00479
Page 3
FOR THE RESPONDENT:
t,lType or Print Namel, HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
Date:
[Signature]
Title:
lType or Printl
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Envi ronmental Ad m inistrator
Environmental Health and Engineering
Florida Department of Healih
Miami-Dade County
Filed, on this date, pursuant to section 12052, F.S., with the designated Department Clerk
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandall, Agency Clerk (lea. crandall@dep. state.fl. us)
86
FDOH vs. City of Miami Beach as Water Supptier (Stephen Kutch, P.E.)
OGC No. 2016-00479
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the adminisfrative hearing process is designed to forrnulate
final agency action, the filing of a petition concerning this Order means that the Department's
final action may be dif{erent from the position it has taken in the Order.
The petition for adrninistrative hearing rnust contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the narne, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A statement of when and how the petitioner received notice of the Order;
e) Either a statement of all rnaterial facts disputed by the petitioner or a staternent that the
petitioner does not dispute any materialfacts;
0 A statement of the specific facts the petitioner contends warrant reversal or rnodification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversalor modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Departrnent to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 2'1 davs of receipt of this
notice. A copy of the petition rnust also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within lhe 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
87
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & community efiorts.
r !@I r-6,*.*A ffi p-I f'tuE tLgeti HEALTH
Vision: To be the Healthiest State
Rick Scott
Govemor
John H. Armstrong, MD! FACS
State Surgeon General & Secretary
in the Nation
January 14,2016
City of Miarni Beach as Supplier of Water
Eric Carpenter, Assistant City Manager &
Director of Public Works
1700 Convention Center Drive
Miami, Beach, FL 33139
SUBJECT: Florida Department of Environmental Protection v. Citv of Miami Beach as Supplier of
Water,
DOH Permit Number 126648-168-DSGP
OGC Fib No. 2016-00392
Engineer of Record: Carl L. Skiles, PE
Project Name/Applicant: Nautica Condominum
Permit Expiration Date: May 2,2008
Mr. Carpenter,
The State of Florida Departrnent of Health for the State of Florida Department of Environmental
Protection ("Department") finds the City of Miami Beach ("Respondent"), as supplier of water placed a
water system into service without department approval or clearance in violation of 62-555.345, F.A.C.
and 403"121(3Xa). Before sending this letter, the Department requested that the Respondent
undertake certain actions to resolve the violation(s). These actions have since been completed.
However, due to the nature of the violation(s), the Respondent remains subject to civil penalties. The
Respondent is also responsible for costs incurred by the Department during the investigation of this
matter.
The Department's Offer
Based on the violations described above, the Department is seeking $ 3000.00 in civil penalties and
$ 500.00 for costs and expenses the Departrnent has incurred in investigating this matter, which
arnounts to a total of $ 3,500"00.
Respondent's Acceptance
lf you wish to accept this offer and fully resolve the enforcement matter pending against
Respondent, please sign this letter and return by February 15, 2016 it to the Department at
following address:
State of Florida, Department of Health
ATTN: Drinking Water Program
1725 NW 167th Street
Miarni Gardens, Florida 33056
the
the
Florida Department of Health
Division of Environmenhl Health and Engineerlng
Miami-Dade County
1725 NW 1671h Street, Miami, FL 33056
PH0NE: 305/623-3500. FAX 305/62!,3502
www.FloridaHealth.gov
TWITTER:HealthyFLA
FACEBO0K:FLDepartmentofHealth
YOUTUBE: fldoh
FLICKR: HealthyFla
PINTEREST: HealthyFla
88
FDOH vs. City of Miami Beach as Water Supplier (Carl L. Skiles, P.E.)
OGC No. 2016-00392
Page2
The Department will then countersign it and file it with a designated clerk of the Depadrnent. Once the
document is filed with the designated clerk, it will constitute a final order of the Departrnent pursuant to
Section 120"52(7), F.S. and will be effective unless a request for an administrative hearing is filed by a
third party in accordance with Chapter 120, F.S. and the attached Notice of Rights.
By accepting this offer you:
(1) certify that you are authorized and empowered to negotiate, enter into, and accept the terms of
this offer in the name and on behalf of Respondent;(2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections
120.569 and 120.57, F.S., on the terms of this offer, once final;
(3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68, F.S.; and
(4) acknowledge that payment of the above amount does not constitute a waiver of the
Department's right, if any, to recover emergency response related costs and expenses for this
matter"
The Department acknowledges that the Respondent's acceptance of this offer does not constitute an
admission of liability for the violation(s) referenced above.
Respondent's Performance
After signing and returning this document to the Department,
(1) Respondent must pay $3,500 in full by February15,20'1,6.
(2) The payment must: (a) be in the form of a cashier's check or money order (b) be payable to
the "Florida Department of Health"; (c) include the DEP Permit Number assigned and (d) be
sent to Florida Department of Health in Miami Dade County, Environmental Health Division,
1725 NW 167 Street Miami Gardens FL 33056.
The Department may enforce the terms of this document, once final, and seek to collect monies owed
pursuant to Sections 120.69 and 403.121 , F.S.
Until clerked bv the Department. this letter is onlv a settlement offer and not a final aqencv action.
Consequently, neither the Respondent nor any other party may request an administrative hearing to
contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becornes a final order
of the Department, as explained above, the attached Notice of Rights will apply to parties, other than
the Respondent, whose interests will be substantially affected.
Electronic signatures or other versions of the parties' signatures, such as .pdf or facsirnile, shall be
valid and have the same force and effect as originals. No modifications of the terms of this Order will
be effective until reduced to writing, executed by both Respondent and the Department, and filed with
the clerk of the Department.
Please be aware that if the Respondent declines to respond to the Departrnent's offer, the Department
will assume that the Respondent is not interested in resolving the matter and will proceed accordingly.
lf you have any questions, please contact Paul Levelt Andre, P.E. at 305-623-3500 or at
Paul.Andre@flhealth. gov.
Sincerely,
t
Samir Elmir, PE, PhD
Environmental Administrator
Environmental Health and Engineering
Florida Department of Health
Miami-Dade County
89
FDOH vs. City of Miami Beach as Water Supplier (CarI L. Skiles, P.E.)
OGC No.2076-00392
Page 3
FOR THE RESPONDENT:
t,lType or Print Namel, HEREBY ACCEPT THE
TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE.
By: Date.
[Signature]
Title:
lType or Printl
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of January, 2016 in Miami-Dade County, Florida.
STATE OF FLORIDA DEPARTMENT
OF HEALTH ON BEHALF OF STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Samir Elmir, PE, PhD
Environmental Adm inistrator
Environmental Health And Engineering
Florida Department of Health
Miami-Dade County
Fiied, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date:
Attachments: Notice of Rights
Final clerked copy furnished to:
Lea Crandal l, Agency Clerk (lea. crandall@dep.state.fl. us)
90
FDOH vs. City of Miami Beach as Water Supplier (Carl L. Skiles, P.E.)
OGC No.2076-00392
Page 4
NOTICE OF RIGHTS
Persons who are not parties to this Order, but whose substantial interests are
affected by it, have a right to petition for an administrative hearing under Sections 120.569 and
120.57, Florida Statutes. Because the administrative hearing process is designed to formulate
final agency action, the filing of a petition concerning this Order means that the Department's
final acfion may be different from the position it has taken in the Order.
The petition for adrninistrative hearing must contain all of the following information:
a) The OGC Number assigned to this Order;
b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for
service purposes during the course of the proceeding;
c) An explanation of how the petitioner's substantial interests will be affected by the Order;
d) A staternent of when and how the petitioner received notice of the Order;
e) Either a statement of all material facts disputed by the petitioner or a statement that the
petitioner does not dispute any material facts;
0 A staternent of the specific facts the petitioner contends warrant reversal or rnodification of
the Order;
g) A statement of the rules or statutes the petitioner contends require reversal or modification
of the Order; and
h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Order.
The petition must be filed (received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 davs of receipt of this
notice. A copy of the petition must also be mailed at the time of filing to the District Office at the
address indicated above. Failure to file a petition within lhe 21-day period constitutes a person's
waiver of the right to request an administrative hearing and to participate as a party to this proceeding
under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida
Statutes, is not available in this proceeding.
91
Rict< Scott
Governor
Exhibit 2
John H. Armstrong, MD
State Surgeon General
July 6,2012
Mike Alvarez
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr. Alvarez:
Our reoords indicate that several water main extension projects permifted under the referenced numbers
were or may have been oonstructed and placed into permanent operation without the roquired clearance
from the department in violation of the conditions under which the permits was issued.
Chapter 62-555.345 Florida Administrative Code requires that no public water systern cornponents
constructed or qltered under a permit granted by the department shall be placed into permanent
operation without prior department's approval or clearance. Specifically, Chapter 62'555,345 (5)
ilortdo Administrative Code requires that "suppliers of water shall ensure that permittees have obtqined
written clearancefrom the department before suppllers of water turn onwaler to perrnittees"'
By this letter, the department is requesting that you provide dooumentation to evidence that the attached
listed projects reoeived propq clearance before you turned on the water to the permittees. If the
aforernentioned projeots have not obtained proper olearance fronr the department, the permittees shall
return and follow all clearance process to ensurE the integrity of the wator lines.
If this tflstter ls not rcsot|9d irnmediatglv the Depfl.fwent will initiate lggal flction ssalnst vo$,.whlch
mav res-ult ilt a fine of up to $ 3,A00,00 and/or otLqlpgnalties in accordance with ChaPtet
4 0 3. I 2 1 ( il @) Florida Statu!.et,
Wo look forward for your cooparation fo fhls matter by responding within fifteen (15) days from
tha date of receipt oi this letter. Failure to comply will teave us with no alternative ta proceed as
prevlously sfafed.
We do advance for your oooperation.
P.8., CEHP
ai Engineer Supervisor I
Co: Samir , PE, DEE, CEHP, PhD
Tracie Dickerson, Esq. (MDCHD)
Samir Elmir, PhD, PE, DEE, CEHP' Director
Environmcntal Health and Engineering
Mianri-Dade County Llealtlt Departmont
1725 Nw 16711' Streot, Miami Gardons, Florida 33056
Tol: (305) 623-3500 Fax: (305) 623'3502
Email: Samir-Elmir@doh,state.fl . us
V.Iahcife. ww darliheahh nro
@
mLIt*H:SJI
iiiii@@iiiii
92
Rick Scott
Governor
John H, Armstrong, MD
State Surgeon General
1)
2)
3)
4)
List.qIEI|nire Permits
Permlt Name: Cosmopolitan at the Court at South Beach
Address : Merldian Avenue & I't Street
Date of Issue: 0112912004
Permit Name: Regatta Condominlums
Address: 6580 Collins Avenue
Date of Issu ez 0611.612004
Permit Name: Nautica Condominium
Addressr 5970-5990 Indian Creek Drive
Date of Issuet 05/0212003
Permlt Name: Apogee
Address: 800 South Point Drlve
Date of Issue: 1212012005
Permit Name: La Gorce Country Club
Address: 5685 Alton Road
Date of Issuet 1012912003
Permit No. 126648-177-DSGP
Expiration D*et 01129 12009
Permit No. 126648-184-DSGP
Expiration Datet 06 116 12009
Permit No. 125648-168-DSGP
Explratlon Date: 05/0212008
Permlt No. 126648-197-DSGP
Explratlon Datet 12 120 12010
Permlt No, 126648-170-DSGP
Expiration Date: L0 12912008
s)
Samir Elmir, PhD, PE, DEE, CEHP, Direotor
Environmontal Health and Engineering
Miami-Dade County Health Dopafiment
1725 Nw 1 676 Street, Miami Gardens, Florida 33056
Tel (305) 623-3500 Fax: (305) 623-3502
Email: Samir_B1mir@doh.state.fl .us
\Uehcifo' rvrrnxr rladehcahh nro
@
PutllcHtrltlr
Effi
93
THIS PAGE INTENTIONALLY LEFT BLANK
94
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
MIAMIBEACH
OFFICE OF THE CIry MANAGER
LTC # os2-2016
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City
DATE: February 2,2016
Manager
SUBJECT: Miami Beach Convention Center Project Update
The purpose of this LTC is to update the Mayor and City Commission on the Miami
Beach Convention Center renovation and expansion project. Project dashboard and
progress photos are attached as Exhibit A. Key project milestones during the month of
January 2016 are as follows:
BIDDING
Clark awarded an additional $61 million in trade contracts in January; bringing the total
under contract $361 million out of the budgeted $430 million. New awards related to
drywall, ceilings, plaster, spray fireproofing, masonry, folding panels, and folding doors.
Total trade contracts to date are on budget and the $29.7 million construction manager's
contingency has not yet been utilized.
GMP DRAW
Construction commenced in November, 2015. A total amount of $25,893,796, or 5o/o, of
the total GMP amount of $515,458,058 has been invoiced to January 31, 2016.
DESIGN STATUS
Construction documentation continues to progress toward its mid-February targeted
completion. The Building Department and Fire Department have reviewed and
commented on the plans, and Fentress Architects is incorporating their comments into
the construction documents. Based upon the large population that these buildings
contain, Fentress and the City have collaborated with the Building and Fire Department
to provide enhanced life safety measures. These design enhancements were not
anticipated at the time of the GMP (guaranteed maximum price) Amendment and a
portion of the Owner's Contingency may be required to implement these improvements.
The cost will be quantified after the design is complete and the construction team has
time to assess the impact of the changes.
SCHEDULE
The schedule for 2016 is continually evolving with added input from the trade contractors
as they come on board. Challenges with creating a safe environment for event patrons,
while construction is undenruay, has slowed progress during the first 45 days of
construction. Clark is working on a recovery plan to make up the lost productivity driven
by life safety issues. ln addition, Clark has indicated that their original plan of keeping
the eastside kitchen in operation while the eastside is being renovated is not viable. The
team is working on a solution for temporary kitchen space until the east side renovation
is completed prior to Art Basel this year.
Agenda ltem
Date
LETTE COMMISSION
qW95
Ll!
;;
ae4
3
=
=
Miami Beach Convention Center Project Monthly Construction Project Update
February 2,2016
Page 2 of 3
The following schedule summarizes the key milestones being tracked for Phase I which
ends in December 2016:
CONSTRUCTION
Key construction activities include:
r The demolition of the youth center has been completed, and the demolition of the
north loading dock is near completion.
. The Fire Command Center has been relocated to enable the west side to safely
service the events occurring on the west side
. Work continues to separate the east side and west side life safety systems.
. East side interior demolition is progressing.
o Auger cast piling installation continues in the loading dock area.
. Owner and construction manger trailers are on-site.
OWNER GOSTS
A total of $24,763,277, or 35o/o, of the owner cost budget has been expended to date.
9
F
+
E
€
P
3
4a*,4*=Ei:BerE--?ea+6=9=,Ai-TEEE=
=
e A A F H a C *7^7 Z , + e az a e s = * a EAEeg tr V e -a 4 AZ e .E =g = * H E =*' 44 E E g Z E = 3
= zaaa* = = =z E E=E= * = A A E = E
96
Miami Beach Convention Center Project Monthly Construction Project Update
February 2,2016
Page 3 of 3
LOCAL H!RE
Clark Construction is committed to maximizing workforce opportunities for City of Miami
Beach and Miami-Dade County residents. Attached as Exhibit B are two documents that
relate to the local hiring efforts of Clark and its subcontractors thus far. The Utilization
Report comes out of LCP Tracker and shows a summary of all employees on the project
thus far, sorted by zip code. This shows that Clark is currently over 50% local hire
(Miami Beach and Miami-Dade County) by individual and over 42o/o by man-hours.
lf there are any questions, please do not hesitate to contact myself or Maria Hernandez
at Extension 2584.
Attachments:
Exhibit A - Project Dashboard and Site Photos
Exhibit B - Clark Construction Local Hiring Plan
JLM / MH
F:\cmgA$ALL\Convention Center\Commission_Land Use_FCWPP_NCAC\Commission Updates
Month ly_Quarterly\M BCC Project Construction U pdate 20 1 6 02.docx
97
EXHIBIT A
j -gg;gE o8=EE
E ;
=
- : E E-E
E*.==-LL€ AE E f; e E E _q a
EEEE=S=r=BcrE=ef€8E8=5
EEEEEEEErnOlnOlnOlnOfO fO N N Fl F{ <t> <,f><tt 1rt lfi 1f}. lf}. 1f}.
rJ1A?bscc
='Eo5
()
gg b E vssE =E E E E€gEefg -c E -cE:E=o,6 E.oE Ep'€PEEEg ;iD=p-a
E5Eg5;EEeE$E B()......
le n]lv
la8png
EEEEEEEEoooooooof\(Oln$rnNrl 1f><t> <J\ <J\ <-r). {..4 <J\ 4J\
EEEEEEEotnoLnotn0fn N N F{ Fl lfi <fi<h <.f> <.ft <fi <.f>
Igo
LJ .=iFtEoI
len]lv
latpng
EEEEEEEEEEEooooooooooooLnotnotn0tnotn{/>Lnststrn(nNNF{s{<t>{D <.r> <f> <-r> <-D {/} <tt <^. lrt
lenllv
la8png
.1
'-'-**--{'
Eoo
(Y1<fi
r*-***".7--.1*-
EEEooornolnst st rn<f> {.r} <J\
hrOOC
EEL.-'co
o
z
o
v1
u-
o
z
o
tt't
lJ-
o
98
*e=
'17-z:.:
tr::
t(,_ .. .,
\ =?--Z':,.-.
:, , '.'"..
rl t
.r..',.'Z
99
EXHIBIT B
Miami Beach Convention Center Renovation and Expansion project
LOCAL HIRING PLAN
2/L/16
LOCAL WORKFORCE PLAN
The Clark team and subcontractors are committed to maximizing workforce opportunities for City of
Miami Beach and Miami-Dade County residents. Through our Local \l/orkforce Plan outlined below, our
team will establish and implement a goal-oriented program to serve all sectors of the community. lt is
vttal to the success of both this project and the local workforce that meaningful job opportunities for local
residents are created and help them develop careers which will continue to contribute to the local Miami
Beach and l\'liami-Dade communities.
Our company has a significant and successful history of reaching out to local residents and workforce
development programs in the communities where we build. ln partnership with our subcontractors we
will continue to build on that history for the Miami Beach Convention Center Renovation and Expansion
project.
r REFERRAL NETWORK
Local hiring success will begin by encouraging a referral network between the assistance agencies listedbelow and our subcontractors" This network will reinforce the signiflcant benefits oi hiring local
workforce as well as maintain local hiring efforts within the Miami Beach area. By referring both
applicants and our subcontractors to utilize the existing and trusted local resources, the pool of potential
candidates is lhereby increased.
South Florida U/orkforce lnvestment Board
Career Source South Florida
Miami Beach Chamber of Commerce
SER Jobs for Progress, lnc.
City of tvliami Beach
City of l\i'liami
4B-HOUR ADVANCE NOTICE
Associated BuilCers & Contractors (ABC)
Assocrated General Contractors (AGC)
Local Union & Apprenticeship Programs
Helmets to Hardhats
Transitions lnc.
Clark and its subcontractors are committed to provide 48-hour advance notification of open employment
opportunities via the project website and any associated City project specific website (should tne iity be
agreeable). This advanced posting will allow for early notification of employment opportunilies throughthe exrsting referral network and any poiential employees signed up through their respectiie
em ploym ent notification systems.
} JOB FAIR
Clark will facilitate a Subcontractor Community Job Fair focused on matching qualified local candidates
with open and available subcontractor job opportunities. Project employers will be provided a table andexhibit space to highlight the various employment opportunities that may be available with their
respective company. Private on-site interview space will also be made available. lt is anticipated that
this event take place in the convention center within the next 30-45 days. Subcontractors have already
been contacted and briefed about participating in the event and are looking forward to showcasing
employment oppo(unities with their companies.
- JOB OPPORTUNITY BOARD
Clark will provide an on-site Job Opportunity Board. The job opportunity board will provide a visible
reminder to the local community that job opportunities exist with our subcontractors. The board willhighlight open positions, employment process, contact informatron for subcontractor hiring personnel
and helpful referral network contact information.
100
CLARK . #1 1345,I . MIAMI BEACH CONYENTION CTR
LOCAL WORKER UTILIZATION REPORT BY PROJECT
P.di.cr.! il.ar - (1.sn Sei.h gcr,..t.!1 :.il.,
Proi.ctCd:::r:-:Sn::
Cd.gqs) trtoe a5.tr3fiB
Cnqrti \!!r4:!B FrmD.t l1 !::1!foDE :1:31?F.@no:br: t:lla
Ap Lilts
tllam Beach
iltiatri Dade Co(nt,
E rplcle5 Nct h Specrfed Zp Lrsts
C 30 .i .13 !0
:am% '3.873.m
t9;0 qn '8.80-0 2s
s87C m S870 C0
9?{.@7 14 53.49:27
s{7s.363.:s
'150.:0478
r6{
0:3qi
1:.10 _.6
47,r7 %
r53
0
0
0
!
c
0
0
!
c
Ocmognphic Prof le
Afncar Amencar
Asian
Hrspanrc
Caucasrar
Crhs
hlde
Female
0 30 li 28.30
.r8.790n 10.3:9.m
10.ss 3.334.00
,6A.U .rmtE
92 07 % 30.6c3 7s
7.93 q6 2.087 C0
581 351 9: 5t0 7J2.59
s8J3$ S8{3J8
c:5.:1:.58 52.7 S:4.i:
5',0..3(€.:i 53a.:O4.67
s345.515.3 S330.*51 S
s7,.97..Ir 16',/-3218.{r
t1234861 S.r2.3,t€54
00n
00r
003
OBJ
000
Fn
a
'60
33
M
:g 6 _.,t
0Ng\
31 55.4
10.19 ?r
39 11 16
3362%
6.38 i6
I
!
49
.60
3l
8{
3S
28
0
0
30?
26
fotal Employeg nn07s s7t+.320.13 rJ5.567.05
101
THIS PAGE INTENTIONALLY LEFT BLANK
102