20120321 Supp 2~ MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 21, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jerry Libbin
Commissioner Jorge R. Exposito
Commissioner Michael G6ngora
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Robert E. Parcher
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk 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 MATERIAL 2
Supplemental Material2, March 21, 2012
R7 -Resolutions
R7E A Resolution Amending Resolution No. 2011-27809, Which Authorized The City Manager To Take
Certain Actions Pertaining To The "Biscayne Point Right-Of-Way Improvements Project" (The Project)
Including: 1.) To Procure, Via Negotiation With The Firm Of David Mancini And Sons, Inc. (DMSI),
Certain Necessary Design And Construction Services Through A Design-Build Contract With A
Guaranteed Maximum Price (GMP) And, If Successful, Execute Such Contract; And 2.) Concurrent
Therewith, To Terminate, For Convenience, The City's Current Contract With DMSI For Construction
(Only) Of The Project (The Former Contract), Pursuant To Invitation To Bid No. 07-10/11 (ITB), And
Enter Into And Execute A Settlement Agreement With DMSI For The Former Contract; All, In The
Approved Not To Exceed Amount (Including Design-Build Contract GMP And Settlement Agreement
Amounts) Of $11 ,998,535; Said Amendment Herein Requesting The Mayor And City Commission
Authorize An Increase To The Not To Exceed Amount Approved Under Resolution No. 2011-27809,
From $11,998,535, To $17,102,487, With The New Total To Be Broken Down As Follows: 1.)
Approving A New GMP For The Design-Build Contract With DMSI, In The Amount Of $11,151,240
(Which New Amount Will Not Only Include The Remaining Water, Stormwater, Landscape And
Streetscape Improvements Under The Former Contract, But Also Necessary Additional Scope Of
Work Recommended By The City's Public Works Department (PWD) And Biscayne Point Residents,
As Well As Factor In The Assumed Contractor "Risk" Typically Associated With, And Built Into,
Design-Build Contracts); And 2.) Approving A New Amount For The Settlement Agreement, Of
$5,951,247, Which Includes Payment For All Work Performed Under The Former Contract, Through
The Final Completion Date Established In The Settlement Agreement, As Well As Payment For
Approved Change Orders And Credits (Executed As Of The Effective Date Of The Settlement
Agreement), And Agreed Upon Compensation For DMSI's Alleged Delay And Other Claims; With
Previously Appropriated Funding, In The Amount Of $2,843,892; Appropriating $562,047 From Water
Operating Fund 425 Capital Reserves; Re-Appropriating $855,599 From Project Savings In Fund 423
Gulf Breeze 2006, From The Completed Nautilus Neighborhood Right-Of-Way Improvement Project;
Appropriating $575,869 From Fund 427 Stormwater Operating Capital Reserves; Re-Appropriating
$1,995,007 In Stormwater Series 2011 Bonds Funds, Previously Appropriated For Normandy Isle,
Normandy Shores, And Nautilus Neighborhoods Right-Of-Way Improvement Projects, For The
Biscayne Point Neighborhood Right-Of-Way Improvements Project; Appropriating $468,433 In Capital
Reserve Funds For Increased Estimates For Above Ground Costs From Original Estimates; And
Further Re-Appropriating $355,645 From Capital Reserve Funds To Pay As You Go Funds For
Additional Above-Ground Scope For The Biscayne Point Neighborhood Right-Of-Way Improvements
Project; All For A Total Amount Of $7,656,492 ..
(Capital Improvement Projects Office)
(Memorandum & Resolution)
R7G A Resolution Consenting To And Confirming The Appointment Of Raymond A. Martinez As The
Chief Of Police For The City Of Miami Beach, Florida.
(Human Resources)
(Additional Attachment)
R9 -New Business and Commission Requests
R9A2 A Resolution Appointing Mayor Matti Herrera Bower To The Miami-Dade County Tourist Development
Council For The January 2012-January 2016 Term.
(Requested by Mayor Matti Herrera Bower)
(Resolution)
ii
Supplemental Material2, March 21, 2012
R9 -New Business and Commission Requests (Continued)
R9H Discussion Regarding A Resolution Supporting The Amici Curiae (Friends Of The Court) Brief Filed
By The United States Conference Of Mayors, And Numerous Counties And Cities Across The
Country, Supporting The Decision Of The United States Court Of Appeals For The Ninth Circuit
Enjoining The Implementation Of The State Of Arizona's Immigration Law.
(Requested by Mayor Matti Herrera Bower)
(Resolution)
iii
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, amending Resolution No. 2011-27809,
which authorized the City Manager to take certain actions pertaining to the "Biscayne Point Right-of-Way Improvements
Projecf' (the Project) including: 1.) to procure, via negotiation with the firm of David Mancini and Sons, Inc. (DMSI), certain
necessary design and construction services through a Design-Build Contract with a Guaranteed Maximum Price (GMP) and, if
successful, execute such contract; and 2.) concurrent therewith, to terminate, for convenience, the City's current contract with
DMSI for construction (only) of the Project (the Former Contract), pursuant to Invitation to Bid No. 07-10/11 {ITB), and enter
into and execute a Settlement Agreement with DMSI for the Former Contract; all, in the approved not to exceed amount
(including Design-Build Contract GMP and Settlement Agreement amounts) of $11 ,998,535; said amendment herein
requesting the Mayor and City Commission authorize an increase to the not to exceed amount approved under Resolution No.
2011-27809, from $11,998,535, to $17,102,487, with the new total to be broken down as follows: 1.) approving a newGMPfor
the Design-Build Contract with DMSI, in the amount of $11,151 ,240 (which new amount will not only include the remaining
water, stormwater, landscape and streetscape improvements under the Former Contract, but also necessary additional scope
of work recommended by the City's Public Works Department (PWD) and Biscayne Point residents, as well as factor in the
assumed contractor "risk" typically associated with, and built into, design-build contracts); and 2.) approving a new amount for
the Settlement Agreement, of $5,951 ,24 7, which includes paymentfor all work performed under the Former Contract, through
the final completion date established in the Settlement Agreement, as well as payment for approved change orders and credits
(executed as of the Effective Date of the Settlement Agreement}, and agreed upon compensation for DMSI's alleged delay and
other claims; with previously appropriated funding, in the amount of $2,843,892; appropriating $562,047 from Water Operating
Fund 425 capital reserves; re-appropriating $855,599 from project savings in Fund 423 Gulf Breeze 2006, from the completed
Nautilus Neighborhood Right-of-Way Improvement Project; appropriating $575,869 fr-om Fund 427 Stormwater Operating
Capital Reserves; re-appropriating $1 ,995,007 in Stormwater Series 2011 Bonds Funds, previously appropriated for Normandy
Isle, Normandy Shores, and Nautilus Neighborhoods Right-of-Way Improvement Projects, for the Biscayne Point
Neighborhood Right-of-Way Improvements Project; appropriating $468,433 in Capital Reserve Funds for increased estimates
for above ground costs from original estimates; and further re-appropriating $355,645 from Capital Reserve Funds to Pay As
You Go Funds for additional above-ground scope for the Biscayne Point Neighborhood Right-of-Way Improvements Project; all
for a total amount of $7,656,492.
Key Intended Outcome Supported:
Ensure well designed quality capital projects.
Supporting Data {Surveys, Environmental Scan, etc.):
Completed Capital Improvement Projects are a key positive driver in resident perceptions on overall quality of life. The 2009
Customer Satisfaction Survey indicated that 51.8% and 85.0% of North-Beach residents rated storm drainage and landscape
maintenance in right-of-ways and public areas as excellent or good, respectively. Completing this Project will add to the
needed upgrades in this area and improve overall rating.
Issue: I Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
On December 14, 2011, the Mayor and City Commission approved Resolution No. 2011-27809 authorizing the City Manager
to prepare a Design Criteria Package (DCP); to negotiate and execute a Design-Build Contract with a Guaranteed Maximum
Price (GMP}, for the remaining Biscayne Point Neighborhood Right-of-Way Improvements scope of work, with David Mancini
and Sons, Inc. (DMSI); to terminate, for convenience, the remaining portion ofthe current construction Contract with DMSI and
enter into and execute a Settlement Agreement where the combined total of the negotiated Design-Build GMP and the
Settlement Agreement would not exceed $11,998,535. All these actions being necessary to rectify a deficient set of
construction documents, implement DMSI's two (2) pump station value engineering proposal, requested by PWD; and to keep
the Project moving forward while minimizing delays and impacts to the safety and welfare of the residents. The Administration
also advised the City Commission of additional scope of work elements, requested by PWD, that were under evaluation and
for which funding would need to be identified and procured either via JOC or as part of the proposed Design-Build Contract.
The Administration commenced with the preparation of Settlement Agreement, Design-Build Contract, and the DCP, using
PWD as the Design Criteria Professional. Draft copies of the DCP, Design-Build Contract and Settlement Agreement were
issued to DMSI in early January 2012 where DMSI raised concerns with the contract language and additional scope of work
introduced by the DCP, that was not in the original Contract, and would increase the hard costs, soft costs, and assumed risk
for the Project. DMSI's initial cost estimate based on their initial review and .interpretation Gf the Design-Build Contract
language, the DCP, and the added owner/resident requests was approximately $22.9-Million.
The Administration determined that negotiation of a Design-Build Contract was no longer feasible within the parameters
previously authorized by the Mayor and City Commission. As such, on February 8, 2012, the Administration updated the City
Commission of the ongoing negotiations and was directed to continue negotiations and return in March 21, 2012 with the final
negotiated Settlement Agreement and Design-Build Contract. To meet the directive, the CIP Office partnered with PWD to
clearly define the scope of work elements that would be included in the negotiated Design-Build Contract to effectively
negotiate all required added scope of work with DMSI. Further negotiations resulted in a total DMSI contractual value of
$17,700,000, which includes the cost of the previously approved JOCs in the amount of$597,512, the Design-Build GMP of
$11,151,240 and a Settlement Agreement amount of $5,951,247.
The Design-Build Contract GMP includes the construction costs for the remaining scope of work from the original Contract
and negotiated scope of work and soft costs for architectural/engineering services, construction administration services, and a
consideration for risk. The Settlement Agreement amount includes the cost to terminate the current construction contract; a
shared savings (50/50) for the deletion of the two (2) stormwater pump stations; other credits for deleted scope of work; and
MIAMI BEACH Page 1 of 2
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AGENDA ITEM _R_'1_E __
DATE J-Z.J-I 1...-
an amount of $1 ,500,000 for settlement of alleged claims and delays primarily associated with the inability to commence with
the construction of the Project stormwater improvements; which was negotiated, in the best interest of the City, upon
consideration of the City's overall exposure and in order to avoid litigation with the Contractor and further delays to the Project.
In addition, the Administration is requesting an increase to the Project professional services budget, in the amount of
$1 ,067,000, necessary to supplement to the Project construction.
The total funding required for the Project to $7,656,492, of which $2,843,892 is currently available in the Project's capital
budget and requiring additional funding for a $4,812,600 shortfall. Funding the additional costs of this Project will reduce
funding available to be considered through the Capital Review process for FY 2012/2013. Notwithstanding, it has always been
the City's practice to first, fully fund any shortfalls identified in active projects prior to allocating to new or projects where
construction has not been awarded or begun.
The Administration recommends amending Resolution No. 2011-27809, to authorize an increase to the not to exceed amount
approved under Resolution No. 2011-27809, from $11,998,535, to $17,102,487, with the new total to be broken down as
follows: 1.) approving a new GMP for the Design-Build Contract with DMSI, of$11 ,151,240 (which new amount will not only
include the remaining water, stormwater, landscape and streetscape improvements under the Former Contract, but also
necessary additional scope of work recommended by the City's Public Works Department (PWD) and Biscayne Point
residents, as well as factoring in the assumed contractor "risk" typically associated with and built into design-build contracts);
and 2.) approving a new amount for the Settlement Agreement of $5,951 ,24 7, which includes paymentfor all work performed
under the Former Contract, through the final completion date established in the Settlement agreement, as well as payment for
approved change orders and credits (executed as of the Settlement Effective Date), and agreed upon compensation for
DMSI's alleoed delay and other claims.
Advisory Board Recommendation:
I
Financial Information:
Source of Amount Account
Funds: 1 $184,657 Fund 376-99 GO Bonds Neighborhood Improvements, Account No. 376-2321-
069357 -Construction
2 $491,587 Fund 384-2003 GO Bonds Neighborhood Improvements, Account No. 384-2321-
069357 -Construction
3 $60,000 Fund 302-Pay As You Go, Account No. 302-2321-069357-Construction
4 $339,893 Fund 302-Pay As You Go, Account No. 302-2321-000356-Contingency
5 $53,976 Fund 420-W&S Gulf Breeze Loan Series 2010, Account No. 420-2321-069357-
Construction
6 $288,076 Fund 420-W&S Gulf Breeze Loan Series 2010, Account No. 420-2321-000356-
Continqency
7 $161,795 Fund 428 -Stormwater Bonds 2000S, Account No. 428-2321-069357 -
Construction
~ i 8 $5,290 Fund 428-Stormwater Bonds 2000S, Account No. 428-2321-061357-Design
, I
I $685,487 Fund 431 -Stormwater Series 2011 Bonds, Account No. 431-2321-069357 -
I I 9 Construction
;
I Fund 431 -Stormwater Series 2011 Bonds, Account No. 431-2321-000356 -TF I 10 $573,131 Continoency
I 11 $468,433 Fund 304 -Capital Reserve
OBPI 12 $855,599 Fund 423 -Gulf Breeze 2006, Account No. 423-2282-000356-Contingency (Re-
appropriatinq from Nautilus)
13 $562,047 Fund 425 -Water Operating Capital Reserves
14 $856,554 Fund 431-Stormwater Series 2011 Bonds, Account No. 431-2323-069357 (Re-
appropriated from Normandy Shores Project)
15 $773,227 Fund 431 -Stormwater Series 2011 Bonds, Account No. 431-2323-000356 (Re-
appropriated from Normandy Shores Project)
16 $154,770 Fund 431 -Stormwater Series 2011 Bonds, Account No. 431-2285-000356 (Re-
appropriated from Normandy Isle Project)
17 $19,110 Fund 431 -Stormwater Series 2011 Bonds, Account No. 431-2285-069355 (Re-
appropriated from Normandy Isle Project)
18 $24,126 Fund 431 -Stormwate'r Series 2011 Bonds, Account No. 431-2285-069351 (Re-
appropriated from Normandy Isle Project)
19 $167,220 Fund 431 -Stormwater Series 2011 Bonds, Account No. 431-2282-069351 (Re-
appropriated Nautilus)
19 $355,645 Fund 302 -Pay As You Go
20 $575,869 Fund 427 -Stormwater Operating Capital Reserve
Total $7,656,492
Financial Impact Summary:
Assistant Ci
DB
T.'AGENDA 20 12' 3-21·12' Biscayne Po1nt DB GMP1.81scayre Point-DB GMP Contr3ct-SUMfv1ARY doc
Page 2 of 2
2 (
''·.·.·-:
lD MIAMI BEACH "'="
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti H. Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ ~
March 21,2012 U-u
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING RESOLUTION NO. 2011-27809, WHICH AUTHORIZED
THE CITY MANAGER TO TAKE CERTAIN ACTIONS PERTAINING TO THE "BISCAYNE
POINT RIGHT -OF-WAY IMPROVEMENTS PROJECT" (THE PROJECT) INCLUDING: 1.) TO
PROCURE, VIA NEGOTIATION WITH THE FIRM OF DAVID MANCINI AND SONS, INC.
(DMSI), CERTAIN NECESSARY DESIGN AND CONSTRUCTION SERVICES THROUGH A
DESIGN-BUILD CONTRACT WITH A GUARANTEED MAXIMUM PRICE (GMP) AND, IF
SUCCESSFUL, EXECUTE SUCH CONTRACT; AND 2.) CONCURRENT THEREWITH, TO
TERMINATE, FOR CONVENIENCE, THE CITY'S CURRENT CONTRACT WITH DMSI FOR
CONSTRUCTION (ONLY) OF THE PROJECT (THE FORMER CONTRACT), PURSUANT TO
INVITATION TO BID NO. 07-10/11 (ITB), AND ENTER INTO AND EXECUTE A
SETTLEMENT AGREEMENT WITH DMSI FOR THE FORMER CONTRACT; ALL, IN THE
APPROVED NOT TO EXCEED AMOUNT (INCLUDING DESIGN-BUILD CONTRACT GMP
AND SETTLEMENT AGREEMENT AMOUNTS) OF $11 ,998,535; SAID AMENDMENT
HEREIN REQUESTING THE MAYOR AND CITY COMMISSION AUTHORIZE AN INCREASE
TO THE NOT TO EXCEED AMOUNT APPROVED UNDER RESOLUTION NO. 2011-27809,
FROM $11,998,535, TO $17,102,487, WITH THE NEW TOTAL TO BE BROKEN DOWN AS
FOLLOWS: 1.) APPROVING A NEW GMP FOR THE DESIGN-BUILD CONTRACT WITH
DMSI, IN THE AMOUNT OF $11,151,240 (WHICH NEW AMOUNT WILL NOT ONLY
INCLUDE THE REMAINING WATER, STORMWATER, LANDSCAPE AND STREETSCAPE
IMPROVEMENTS UNDER THE FORMER CONTRACT, BUT ALSO NECESSARY
ADDITIONAL SCOPE OF WORK RECOMMENDED BY THE CITY'S PUBLIC WORKS
DEPARTMENT (PWD) AND BISCAYNE POINT RESIDENTS, AS WELL AS FACTOR IN
THE ASSUMED CONTRACTOR "RISK" TYPICALLY ASSOCIATED WITH, AND BUll T
INTO, DESIGN-BUILD CONTRACTS); AND 2.) APPROVING A NEW AMOUNT FOR THE
SETTLEMENT AGREEMENT, OF $5,951,247, WHICH INCLUDES PAYMENT FOR ALL
WORK PERFORMED UNDER THE FORMER CONTRACT, THROUGH THE FINAL
COMPLETION DATE ESTABLISHED IN THE SETTLEMENT AGREEMENT, AS WELL AS
PAYMENT FOR APPROVED CHANGE ORDERS AND CREDITS (EXECUTED AS OF THE
EFFECTIVE DATE OF THE SETTLEMENT AGREEMENT), AND AGREED UPON
COMPENSATION FOR DMSI'S ALLEGED DELAY AND OTHER CLAIMS; WITH
PREVIOUSLY APPROPRIATED FUNDING, IN THE AMOUNT OF $2,843,892;
APPROPRIATING $562,047 FROM WATER OPERATING FUND 425 CAPITAL RESERVES;
RE-APPROPRIATING $855,599 FROM PROJECT SAVINGS IN FUND 423 GULF BREEZE
2006, FROM THE COMPLETED NAUTILUS NEIGHBORHOOD RIGHT-OF-WAY
IMPROVEMENT PROJECT; APPROPRIATING $575,869 FROM FUND 427 STORMWATER
OPERATING CAPITAL RESERVES; RE-APPROPRIATING $1,995,0071N STORMWATER
SERIES 2011 BONDS FUNDS, PREVIOUSLY APPROPRIATED FOR NORMANDY ISLE,
NORMANDY SHORES, AND NAUTILUS NEIGHBORHOODS RIGHT-OF-WAY
IMPROVEMENT PROJECTS, FOR THE BISCAYNE POINT NEIGHBORHOOD RIGHT -OF-
Page 1 of6
3
Commission Memorandum-Biscayne Point GMP Contract
March 21, 2012
WAY IMPROVEMENTS PROJECT; APPROPRIATING $468,4331N CAPITAL RESERVE
FUNDS FOR INCREASED ESTIMATES FOR ABOVE GROUND COSTS FROM ORIGINAL
ESTIMATES; AND FURTHER RE-APPROPRIATING $355,645 FROM CAPITAL RESERVE
FUNDS TO PAY AS YOU GO FUNDS FOR ADDITIONAL ABOVE-GROUND SCOPE FOR
THE BISCAYNE POINT NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENTS PROJECT;
ALL FOR A TOTAL AMOUNT OF $7,656,492.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
KEY INTENDED OUTCOME
Ensure value and the timely delivery of a quality capital project.
FUNDING
Total funding required is in the amount of $7,656,492. Funding will be provided from previously
appropriated funds in the amount of $2,843,892, as well as additional appropriations totaling
$4,812,600. The funding includes the re-appropriation of $855,599 in project savings from the
completed Nautilus Neighborhood Right-of-Way Improvement project, and an appropriation of
$562,047 from Water Operating Fund 425 Capital Reserves for water related improvements. An
appropriation of $575,869 from Fund 427 Stormwater Operating Capital Reserves, as well as the re-
appropriation of $1,995,007 in Stormwater Series 2011 Bonds funds, previously appropriated for the
Normandy Isle, Normandy Shores, and Nautilus Neighborhoods Right-of-Way Improvement projects,
will be applied toward stormwater related improvements. An appropriation of $468,433 in Capital
Reserve funds will fund increased above-ground costs from original estimates. An additional re-
programming of $355,645 in Capital Reserve funds as Pay As You Go funds will be used for additional
above-ground scope. It should be noted that the additional funding appropriations for the Project may
reduce funding available to be considered though the Capital Review process for the FY 2012/2013.
Funding shall be as follows:
Previously Appropriated:
$184,657 Fund 376-99 GO Bonds Neighborhood Improvements, Account #376-2321-069357
$491 ,587 Fund 384 -2003 GO Bonds Neighborhood Improvements, Account #384-2321-
069357
$60,000 Fund 302-Pay As You Go, Account #302-2321-069357
$339,893 Fund 302-Pay As You Go, Account #302-2321-000356
$53,976 Fund 420-W&S Gulf Breeze Loan Series 2010, Account #420-2321-069357
$288,076 Fund 420-W&S Gulf Breeze Loan Series 2010, Account #420-2321-000356
$161,795 Fund 428-Stormwater Bonds 2000S, Account #428-2321-069357
$5,290 Fund 428-Stormwater Bonds 2000S, Account #428-2321-061357
$685,487 Fund 431 -Stormwater Series 2011 Bonds, Account #431-2321-069357
$573,131 Fund 431-Stormwater Series 2011 Bonds, Account #431-2321-000356
--.-:-$_46~8;..:.,4_3;...;3_ Fund 304 -Capital Reserve
$2,843,892 Subtotal
New Appropriations:
$855,599 Fund 423-Gulf Breeze 2006, Account #423-2282-000356 (Nautilus)
$562,047 Fund 425-Water Operating Capital Reserves
$856,554 Fund 431 -Stormwater Series 2011 Bonds, Account #431-2323-069357 (N. Shores)
$773,227 Fund 431 -Stormwater Series 2011 Bonds, Account #431-2323-000356 (N. Shores)
$154,770 Fund 431 -Stormwater Series 2011 Bonds, Account #431-2285-000356 (N. Isle)
$19,110 Fund 431 -Stormwater Series 2011 Bonds, Account #431-2285-069355 (N. Isle)
$24,126 Fund 431-Stormwater Series 2011 Bonds, Account #431-2285-069351 (N. Isle)
Page 2 of6
4
Commission Memorandum-Biscayne Point GMP Contract
March 21, 2012
$167,220 Fund 431 -Storrnwater Series 2011 Bonds, Account #431-2282-069351 (Nautilus)
$355,645 Fund 302-Pay As You Go
$575,869 Fund 427 -Stormwater Operating Capital Reserve
$4,812,600 Subtotal
$7,656,492 TOTAL
BACKGROUND
On December 14, 2011, the Mayor and City Commission approved Resolution No. 2011-27809
establishing a public emergency; waiving the bidding requirements under the Consultants Competitive
Negotiation Act (CCNA); and requesting that the City Manager and the Administration execute the
following course of action: 1) to prepare a Design Criteria Package (DCP), whether through the City's
Public Works Department (PWD) or through retention of an outside Design Criteria Professional, as
determined by the City Manager; 2) upon completion of the DCP, to negotiate and execute a Design-
Build Contract with a Guaranteed Maximum Price (GMP) for the remaining water, stormwater, landscape
and streets cape improvements for the Project with David Mancini and Sons, Inc. (DMSI); 3) to terminate,
for convenience, the remaining portion of the current construction Contract with DMSI and enter into and
execute a Settlement Agreement and release of all claims against the City under the Former Contract,
as a condition to the City and DMSI's execution of the negotiated Design-Build Contract; and 4) capping
the total sum of the combined negotiated Design-Build GMP and the negotiated settlement of the
existing contract at $11,998,535, which included the $10,907,759 construction award value ofthe current
DMSI construction contract (approved via Resolution No. 2011-27621) and the approved project
contingency amount of $1,090,776. All these actions being necessary to rectify a deficient set of
construction documents, implement DMSI's two (2) pump station value engineering proposal, requested
by PWD; and to keep the Project moving forward while minimizing delays and impacts to the safety and
welfare of the residents.
In addition, the Administration advised the City Commission of additional scope of work elements,
requested by PWD, that were under evaluation and for which funding would need to be identified. Upon
determination of whether the improvements were warranted and identification of appropriate funding, the
Administration would proceed with the additional scope of work via a Job Order Contract (JOC) or as an
amendment to the proposed Design-Build Contract; the request for additional scope would be presented
to the City Commission for approval at a future date. This additional scope includes the following:
1. Upsizing the existing 6-inch water main along 84th Street, within Biscayne Beach, with an 8-inch
water main;
2. Replacing existing water services along 85th Street, within Biscayne Beach;
3. Replacement of direct buried electrical street lighting cable within the Biscayne Beach sub-
neighborhood;
4. Design and construction of drainage improvements at three (3) locations ("hot spots") within
Biscayne Point Island:
• Intersection of Noremac Avenue/ S. Biscayne Point Road;
• In front of 7955 Biscayne Point Circle; and
• In front of 1825 Daytonia Road;
5. A retrofit of the new water distribution system (already constructed as part of the current Construction
contract) to connect the future 8-inch water main connection between Biscayne Point Island and
Normandy Isle; and
6. Traffic signal modifications at the intersections of Hawthorne Avenue/ 77th Street and Hawthorne
Avenue/ Crespi Boulevard.
Page 3 of6
5
Commission Memorandum-Biscayne Point GMP Contract
March 21, 2012
ANALYSIS
As approved by the Mayor and City Commission via Resolution No. 2011-27809, the CIP Office
immediately commenced coordination with the PWD and the City Attorney's Office for the preparation of
the DCP, Settlement Agreement and Design-Build Contract. PWD took on the role of the Design Criteria
Professional, on behalf of the City, and prepared the DCP, while the City Attorney's office prepared the
Settlement Agreement for the current construction contract. With support from the City Attorney's Office,
a Design-Build Contract was developed which became the basis of the negotiations for the additional
scope of work approved by the City Commission. Upon receipt of the aforementioned documentation,
the Administration commenced negotiations with DMSI. Negotiation efforts focused on finalizing the
terms, conditions, and defining the scope of work to be completed to close-out the original contract and
enter into a Settlement Agreement; finalizing the terms and conditions of the Design-Build Contract; and
finalizing evaluations and estimates for the additional scope of work requested by PWD. The intent was
to procure the latter either via JOC or to be incorporated within the proposed Design-Build Contract. The
negotiation discussions would also include various infrastructure improvements, suggested by DMSI,
which the contractor believed to be warranted based on field findings; additional plan errors that needed
to be rectified; and additional community requests. These items had to be evaluated by the City prior to
inclusion.
Draft copies of the DCP, Design-Build Contract and Settlement Agreement were issued to DMSI in early
January 2012.
During initial negotiations, concerns were raised by DMSI regarding the contract language and additional
scope of work introduced by the DCP requirements. This additional scope of work had not been
previously identified and was not included as part of the scope of work in the original Contract. DMSI
expressed concerns attributed to the increased hard costs, soft costs (associated with professional
Architectural/Engineering services), and assumed risk introduced by the nature of Design-Build contracts
for the additional scope of work.
The cost derived by DMSI following their initial review and interpretation of the Design-Build Contract
language, the DCP, and the added owner/resident requests were approximately $22.9-Million. This cost
included approximately $1.1-Million in design fees, $1.6-Million in added Project risk, and $3.4-Million in
Project claims and delays. Upon the City's review of all the added scope elements and proposed cost
estimates provided by DMSI, the Administration determined that negotiation of a Design-Build Contract
was no longer feasible within the parameters previously authorized by the Mayor and City Commission.
Subsequently, at the February 8, 2012 Commission Meeting, the Administration updated the City
Commission of the ongoing negotiations and was directed to continue negotiations and return in March
2012 with the final negotiated Settlement Agreement and Design-Build Contract GMP.
In an effort to finalize negotiations and meet the directive from the City Commission, the CIP Office
partnered with PWD to clearly define the scope of work elements that would be included in the Design-
Build Contract and to effectively negotiate all required added scope of work with DMSI.
The City's initial proposal for the hard and soft costs of the entire Project was $14,783,910. After
negotiating the addition/ deletion of scope of work and their associated value, the City and DMSI agreed
on a total Project construction cost of $15,606,175, which included an amount of $4,698,416 for the
additional owner requested scope of work and professional services fees of the Design-Build Contract.
The increased cost was primarily attributed to the inclusion of an allowance to repair damaged
sidewalks, curbs and gutter and a change in the milling and resurfacing methodology. These two scope
of work items were not clearly defined until after discussions with PWD and negotiations with DMSI. An
agreement for the settlement, risk, and alleged claims and delays was also reached, bringing the total
Project construction cost to $17,1 02,487. Not included in this amount is the work performed through JOC
which totals an additional $597,512, which is further delineated below, for a total of $17,700,000.
As a result of the negotiations, the additional scope of work to be included in the Design-Build Contract
consists of the following:
Page 4 of6
6
Commission Memorandum-Biscayne Point GMP Contract
March 21, 2012
1. Replacement of direct buried electrical street lighting cable within the Biscayne Beach sub-
neighborhood (Owner Request);
2. Adjustment of fourteen (14) light poles within Biscayne Point Island (HOA Request);
3. Design and construction of drainage improvements at three (3) locations ("hot spots") within
Biscayne Point Island (HOA Request):
• Intersection of Normae Avenue/ S. Biscayne Point Road;
• In front of 7955 Biscayne Point Circle; and
• In front of 1825 Daytonia Road;
4. Design and construction of approximately 1 ,600-LF of 8-inch water main along Cleveland Road,
between N. Biscayne Point Road and Noremac Avenue, and along Noremac Avenue, between
Cleveland Road and N. Biscayne Point Road (Owner Request);
5. Design and construction of approximately 500-LF of 12-inch water main along Henedon Road, with
the associated bridge crossing (Owner Request);
6. Substituting the proposed 121 Mahoganies within Biscayne Point Island with Oaks (HOA Request);
7. Providing pavers at the 7ih Street entrance to Biscayne Point Island (HOA Request);
8. Providing pavered speed tables, in lieu of stamped asphalt speed tables (HOA Request);
9. Providing water main isolation valves for the water distribution system (Owner Request);
10. Repair of sidewalks, curbs, and gutters within Biscayne Beach and Biscayne Point Island
(Allowance, HOA/Owner Request);
11. Milling and resurfacing of pavement, as required, to meet the minimum 2-inch asphalt DCP
requirement (Owner Request);
12. Updating the existing topographical survey, as required, to meet DCP requirements (Owner
Request);
13. Providing the necessary design and construction administration services to assume responsibility, as
the Engineer-of-Record (Owner Request);
In addition, in an effort to keep the project moving forward through the extended negotiations and keep
DMSI mobilized onsite, the Administration approved some of the owner requested additional scope of
work via Job Order Contracts (JOCs) in the amount of $597,512, which brings the total Project
construction cost to $17,700,000. These items included:
1. Design and construction of an 8-inch water main along 84th Street, within Biscayne Beach, replacing
the existing 6-inch water main;
2. Design and construction of new water services along 85th Street, within Biscayne Beach;
3. Redesign and construction of 1 ,000-LF of water main along Stillwater Drive;
After careful consideration and coordination with the PWD, it was determined that some additional scope
of work items were not necessary at this time and as such were not included in the Design-Build
Contract. The excluded scope of work follows:
1. Future subaqueous 8-inch water main connection between Biscayne Point Island and Normandy
Isle; and
2. Traffic signal modifications at the intersections of Hawthorne Avenue/7ih Street and Hawthorne
Avenue/ Crespi Boulevard.
The overall negotiations resulted in a total DMSI contractual value of$17,700,000, which consists of the
cost of the previously approved JOCs in the amount of $597,512, the Design-Build GMP of $11,151,240
and a Settlement Agreement amount of $5,951,247.
The Design-Build Contract GMP includes the hard costs (ie. construction costs) for the remaining scope
of work from the original Contract and the above referenced scope of work, as agreed upon by DMSI
and the City, and soft costs associated with architectural/engineering design services, construction
administration services, construction management services, and a consideration for risk.
Page 5 of6
7
Commission Memorandum-Biscayne Point GMP Contract
March 21, 2012
The Settlement Agreement amount includes associated scope of work completed as of the stipulated
termination date; a shared savings (50/50) for the deletion of the two (2) stormwater pump stations;
other credits for deleted scope of work to offset the cost of the stormwater system redesign effort; and
an amount of $1,500,000 for settlement of alleged claims and delays primarily associated with the
inability to commence with the construction of the Project stormwater improvements. This settlement of
claims and delays was negotiated, in the best interest of the City, upon consideration of the Contractor's
claims against the City, at approximately $4,000,000, and in order to avoid litigation with the Contractor
and further delays to the Project.
During the negotiation efforts, the City requested support from NE Consultants to provide professional
services including cost estimating services, constructability reviews, and design concept evaluations.
There is currently no funding to cover the entirety of these requested professional services. Upon
execution of the Design-Build Contract, the City will need to secure other professional services such as
geotechnical testing services and Resident Project Representative services that will require additional
funding appropriations. The Administration has estimated that an increase to the Project professional
services budget in the amount of $1 ,067,000 is necessary to supplement the Project construction. The
increased additional costs to the Project are currently under-funded and require the appropriation of
additional funds.
In summary, the total funding required for the Project is $7,656,492, of which $2,843,892 is currently
available in the Project's capital budget. After evaluation of available funding, the Administration has
identified other funding sources to offset the $4,812,600 shortfall. However, funding the additional costs
of this Project may reduce funding available to be considered though the Capital Review process for the
FY 2012/2013.
CONCLUSION
The Administration recommends the Mayor and City Commission approve this Amendment to
Resolution No. 2011-27809 requesting authorization to increase the not to exceed amount approved
under the same resolution, from $11,998,535, to $17,102,487, with the new total to be broken down as
follows: 1.) approving a new GMP for the Design-Build Contract with DMSI, in the amount of
$11,151,240 (which new amount will not only include the remaining water, stormwater, landscape and
streetscape improvements under the Former Contract, but also necessary additional scope of work
recommended by the City's Public Works Department (PWD) and Biscayne Point residents, as well as
factor in the assumed contractor "risk" typically associated with, and built into, design-build contracts);
and 2.) approving a new amount for the Settlement Agreement, of $5,951 ,24 7, which includes payment
for all work performed under the Former Contract, through the final completion date established in the
Settlement Agreement, as well as payment for approved change orders and credits (executed as of the
Effective Date of the Settlement Agreement), and agreed upon compensation for DMSI's alleged delay
and other claims; with previously appropriated funding, in the amount of $2,843,892; appropriating
$562,047 from Water Operating Fund 425 capital reserves; re-appropriating $855,599 from project
savings in Fund 423 Gulf Breeze 2006, from the completed Nautilus Neighborhood Right-of-Way
Improvement Project; appropriating $575,869 from Fund 427 Stormwater Operating Capital Reserves;
re-appropriating $1,995,007 in Stormwater Series 2011 Bonds Funds, previously appropriated for
Normandy Isle, Normandy Shores, and Nautilus Neighborhoods Right-of-Way Improvement Projects, for
the Biscayne Point Neighborhood Right-of-Way Improvements Project; appropriating $468,433 in Capital
Reserve Funds for increased estimates for above ground costs from original estimates; and further re-
appropriating $355,645 from Capital Reserve Funds to Pay As You Go Funds for additional above-
ground scope for the Biscayne Point Neighborhood Right-of-Way Improvements Project; all for a total
amount of $7,656,492.
JMG/DB/FV/DM
T:\AGENDA\2012\3-21-12\Biscayne Point DB GMP\Biscayne Point-DB GMP Contract-MEMO.doc
Page 6 of6
8
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2011·27809,
WHICH AUTHORIZED THE CITY MANAGER TO TAKE CERTAIN ACTIONS
PERTAINING TO THE "BISCAYNE POINT RIGHT-OF-WAY
IMPROVEMENTS PROJECT" (THE PROJECT) INCLUDING: 1.) TO
PROCURE, VIA NEGOTIATION WITH THE FIRM OF DAVID MANCINI AND
SONS, INC. (DMSI), CERTAIN NECESSARY DESIGN AND
CONSTRUCTION SERVICES THROUGH A DESIGN-BUILD CONTRACT
WITH A GUARANTEED MAXIMUM PRICE (GMP) AND, IF SUCCESSFUL,
EXECUTE SUCH CONTRACT; AND 2.) CONCURRENT THEREWITH, TO
TERMINATE, FOR CONVENIENCE, THE CITY'S CURRENT CONTRACT
WITH DMSI FOR CONSTRUCTION (ONLY) OF THE PROJECT (THE
FORMER CONTRACT), PURSUANT TO INVITATION TO BID NO. 07 ·1 0/11
(ITB), AND ENTER INTO AND EXECUTE A SETTLEMENT AGREEMENT
WITH DMSI FOR THE FORMER CONTRACT; ALL, IN THE APPROVED NOT
TO EXCEED AMOUNT (INCLUDING DESIGN-BUILD CONTRACT GMP AND
SETTLEMENT AGREEMENT AMOUNTS) OF $11 ,998,535; SAID
AMENDMENT HEREIN REQUESTING THE MAYOR AND CITY
COMMISSION AUTHORIZE AN INCREASE TO THE NOT TO EXCEED
AMOUNT APPROVED UNDER RESOLUTION NO. 2011·27809, FROM
$11,998,535, TO $17,102,487, WITH THE NEW TOTAL TO BE BROKEN
DOWN AS FOLLOWS: 1.) APPROVING A NEW GMP FOR THE DESIGN-
BUILD CONTRACT WITH DMSI, IN THE AMOUNT OF $11,151,240 (WHICH
NEW AMOUNT WILL NOT ONLY INCLUDE THE REMAINING WATER,
STORMWATER, LANDSCAPE AND STREETSCAPE IMPROVEMENTS
UNDER THE FORMER CONTRACT, BUT ALSO NECESSARY ADDITIONAL
SCOPE OF WORK RECOMMENDED BY THE CITY'S PUBLIC WORKS
DEPARTMENT (PWD) AND BISCAYNE POINT RESIDENTS, AS WELL AS
FACTOR IN THE ASSUMED CONTRACTOR "RISK" TYPICALLY
ASSOCIATED WITH, AND BUlL T INTO, DESIGN-BUILD CONTRACTS);
AND 2.) APPROVING A NEW AMOUNT FOR THE SETTLEMENT
AGREEMENT, OF $5,951,247, WHICH INCLUDES PAYMENT FOR ALL
WORK PERFORMED UNDER THE FORMER CONTRACT, THROUGH THE
FINAL COMPLETION DATE ESTABLISHED IN THE SETTLEMENT
AGREEMENT, AS WELL AS PAYMENT FOR APPROVED CHANGE
ORDERS AND CREDITS (EXECUTED AS OF THE EFFECTIVE DATE OF
THE SETTLEMENT AGREEMENT), AND AGREED UPON COMPENSATION
FOR DMSI'S ALLEGED DELAY AND OTHER CLAIMS; WITH PREVIOUSLY
APPROPRIATED FUNDING, IN THE AMOUNT OF $2,843,892;
APPROPRIATING $562,047 FROM WATER OPERATING FUND 425
CAPITAL RESERVES; RE-APPROPRIATING $855,599 FROM PROJECT
SAVINGS IN FUND 423 GULF BREEZE 2006, FROM THE COMPLETED
NAUTILUS NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENT PROJECT;
APPROPRIATING $575,869 FROM FUND 427 STORMWATER OPERATING
CAPITAL RESERVES; RE-APPROPRIATING $1 ,995,0071N STORMWATER
SERIES 2011 BONDS FUNDS, PREVIOUSLY APPROPRIATED FOR
NORMANDY ISLE, NORMANDY SHORES, AND NAUTILUS
NEIGHBORHOODS RIGHT-OF-WAY IMPROVEMENT PROJECTS, FOR
THE BISCAYNE POINT NEIGHBORHOOD RIGHT-OF-WAY
Page 1 of 4
9
IMPROVEMENTS PROJECT; APPROPRIATING $468,433 IN CAPITAL
RESERVE FUNDS FOR INCREASED ESTIMATES FOR ABOVE GROUND
COSTS FROM ORIGINAL ESTIMATES; AND FURTHER RE-
APPROPRIATING $355,645 FROM CAPITAL RESERVE FUNDS TO PAY AS
YOU GO FUNDS FOR ADDITIONAL ABOVE-GROUND SCOPE FOR THE
BISCAYNE POINT NEIGHBORHOOD RIGHT-OF-WAY IMPROVEMENTS
PROJECT; ALL FOR A TOTAL AMOUNT OF $7,656,492.
WHEREAS, on November30, 2010, Invitation to Bid No. 07-10/11 for the Biscayne
Point Neighborhood Right-of-Way Improvements Project (the Project) was issued, with an
opening date of January 27, 2011 (the ITB or the Bid); and
WHEREAS, on March 9, 2011, the Mayor and City Commission adopted Resolution
No. 2011-27621, approving and authorizing the Mayor and City Clerk to execute a
construction contract with David Mancini & Sons, Inc. (DMSI or Contractor), as the
successful bidder pursuant to the ITB, and also authorized the Administration to engage in
value engineering to further reduce the cost and time for completion of said Project (the
Construction Contract); and
WHEREAS, the Construction Contract was fully executed on April 4, 2011; and
WHEREAS, the first Notice-to-Proceed (NTP} was issued to Contractor on May 5,
2011;and
WHEREAS, on December 14, 2011, the Mayor and City Commission approved
Resolution No. 2011-27809, attached and incorporated as Exhibit "A" hereto, approving the
findings of the Administration that a public emergency existed for purposes of waiving the
bidding requirements under the "Consultant's Competitive Negotiation Act" (or CCNA), and
authorized the City Manager to proceed with the following course of action relative to the
Project: 1) prepare a Design Criteria Package (DCP) which complies with the specifications
set forth under F.S. 287.055(2}0), whether through the City's Public Works Department or
through retention of an outside Design Criteria Professional, as determined by the City
Manager; 2) upon completion of the DCP, negotiate and, if successful, execute a Design-
Build contract in a not-to-exceed amount [essentially, the equivalent of a Guaranteed
Maximum Price (GMP)] for the remaining water, stormwater, landscape and streetscape
improvements for the Project with DMSI; 3) terminate, for convenience, the remaining portion
of the current Construction Contract with DMSI, and enter into and execute a settlement
agreement and release of all claims against the City under such Contract, as a condition to
the City and DMSI's execution of the negotiated Design-Build contract; and 4) capping the
total sum of the combined negotiated Design-Build contract and the negotiated settlement of
the existing Construction Contract, at $11 ,998,535; and
WHEREAS, the Administration commenced with the preparation of the Settlement
Agreement, Design-Build contract (DB Contract), and the DCP (with PWD as the Design
Criteria Professional, on behalf of the City); and
WHEREAS, upon receipt of the aforementioned documents, the Administration
commenced negotiations with DMSI to finalize the DB Contract and Settlement Agreement
terms and conditions; define the scope of work to be completed to close-out the former
Construction Contract, and the scope for the new DB Contract; finalize evaluations and
estimates for the additional scope of work requested by PWD; and evaluate and address
infrastructure improvements suggested by DMSI, additional plan errors, and community
requests for incorporation into the DB Contract; and
Page 2 of 4
10
WHEREAS, DMSI's initial cost estimate for design-build of the Project was
approximately $22.9-Million; and
WHEREAS, at its regular meeting on February 24, 2012, the Administration
provided the City Commission with a status of the negotiations, and was directed to continue
negotiations and return, in March 21, 2012, with the final negotiated Settlement Agreement
and DB Contract; and
WHEREAS, the CIP Office partnered with PWD to clearly define the scope of work
elements that would be included in the negotiated DB Contract to effectively negotiate all
required added scope of work with DMSI; and
WHEREAS, negotiations have resulted in a total contract value of $17,700,000,
which includes the cost of previously approved JOG's, in the amount of $597,512; the
Design-Build GMP of $11,151 ,240; and the Settlement Agreement amount of $5,951 ,247;
and
WHEREAS, the DB Contract GMP includes the construction costs for the remaining
scope of work from the Construction Contract and negotiated additional scope of work, as
well as soft costs for architectural/engineering services, construction administration services,
and a consideration for risk; and
WHEREAS, the Settlement Agreement amount includes the cost to terminate the
Construction Contract; a shared savings (50/50) for the deletion of the two (2) stormwater
pump stations; other credits for deleted scope of work; and an amount of $1,500,000 for
settlement of alleged delay and other claims which might be asserted by DMSI against the
City; and
WHEREAS, the settlement of claims and delays was negotiated in the best interest
of the City, upon consideration of the City's overall potential exposure and in order to avoid
litigation with the Contractor and further delays to the Project; and
WHEREAS, the Administration is requesting an increase to the Project professional
services budget, in the amount of $1,067,000, necessary to supplement the Project
construction; and
WHEREAS, the total additional funding required for the Project is $7,656,492 (of
which $2,843,892 is currently available in the Project's capital budget); and
WHEREAS, the Administration recommends that the Mayor and City Commission
approve the requested amendment to Resolution No. 2011-27809, requesting that the
amount for the actions required under such Resolution be increased from the former
approved total of$11 ,998,535, to $17,102,487, as required and recommended herein, and
in order to 1.) terminate the Construction Contract for convenience (the Former Contract); 2.)
execute the Settlement Agreement for the Former Contract; and 3.) concurrent therewith,
execute the new DB Contract.
Page 3 of 4
11
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby,
amend Resolution No. 2011-27809, which authorized the City Manager to take certain
actions pertaining to the "Biscayne Point Right-of-Way Improvements Project" (the Project)
including: 1.) to procure, via negotiation with the firm of David Mancini and Sons, Inc.
(DMSI), certain necessary design and construction services through a Design-Build Contract
with a Guaranteed Maximum Price (GMP) and, if successful, execute such contract; and 2.)
concurrent therewith, to terminate, for convenience, the City's current contract with DMSI for
construction (only) of the Project (the Former Contract), pursuant to Invitation to Bid No. 07-
10/11 (ITB), and enter into and execute a Settlement Agreement with DMSI for the Former
Contract; all, in the approved not to exceed amount (including Design-Build Contract GMP
and Settlement Agreement amounts) of $11 ,998,535; said amendment herein requesting the
Mayor and City Commission authorize an increase to the not to exceed amount approved
under Resolution No. 2011-27809, from $11,998,535, to $17,102,487, with the new total to
be broken down as follows: 1.) approving a new GMP for the Design-Build Contract with
DMSI, in the amount of $11,151,240 (which new amount will not only include the remaining
water, stormwater, landscape and streetscape improvements under the Former Contract,
but also necessary additional scope of work recommended by the City's Public Works
Department (PWD) and Biscayne Point residents, as well as factor in the assumed
contractor "risk" typically associated with, and built into, design-build contracts); and 2.)
approving a new amount for the Settlement Agreement, of $5,951,247, which includes
payment for all work performed under the Former Contract, through the final completion date
established in the Settlement Agreement, as well as payment for approved change orders
and credits (executed as of the Effective Date of the Settlement Agreement), and agreed
upon compensation for DMSI's alleged delay and other claims; with previously appropriated
funding, in the amount of $2,843,892; appropriating $562,047 from Water Operating Fund
425 capital reserves; re-appropriating $855,599 from project savings in Fund 423 Gulf
Breeze 2006, from the completed Nautilus Neighborhood Right-of-Way Improvement
Project; appropriating $575,869 from Fund 427 Stormwater Operating Capital Reserves; re-
appropriating $1,995,007 in Stormwater Series 2011 Bonds Funds, previously appropriated
for Normandy Isle, Normandy Shores, and Nautilus Neighborhoods Right-of-Way
Improvement Projects, for the Biscayne Point Neighborhood Right-of-Way Improvements
Project; appropriating $468,433 in Capital Reserve Funds for increased estimates for above
ground costs from original estimates; and further re-appropriating $355,645 from Capital
Reserve Funds to Pay As You Go Funds for additional above-ground scope for the Biscayne
Point Neighborhood Right-of-Way Improvements Project; all for a total amount of
$7,656,492.
PASSED and ADOPTED this ___ day of _____ 2012.
ATTEST:
ROBERT f! PARCHER, CITY CLERK MATTI HERRERA BOWER, MAYOR
JMG/DB/FV
T:\AGENDA\2012\3-21-12\Biscayne Point DB GMP\Biscayne Point-DB GMP Contract-RESO.doc APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Page4 of4
12
a~.c:.~\--=-3~ .. 6-,~.-
~rl City~}-Date
Item R7G
In the Commission Memorandum relating to the Consent to the Appointment of the Chief
of Police, the attached copies of the memorandums regarding the Chief of Police
recruitment process were referenced, but inadvertently not included.
13
Agenda Item R 7 &-
Date .3 .. €?1-( L
MIAMI BEACH
OFFICE OF THE CITY MANAGER or-cr-1\f-[ nr. .. .~r-i,f.::J
';fo~t'£~11r}J_M 30 PH 4: ~I
TO: Mayor Matti Herrera Bower and Members of the City CommissiffiTY CLEHK ·s OFF ICE
FROM:
DATE:
Jorge M. Gonzalez, City Manager(\ rJI"c...r;
January 30, 2012 U
SUBJECT: Update on Police Chief Recruitment
This memorandum is to provide an update on the Police Chief recruitment. All previous
memorandums regarding the Police Chief recruitment process are attached. Although there were
originally thirteen (13) candidates who had been invited to participate in the panel interview
process, one of those candidates, Ricardo Gomez, Police Chief, City of Doral, Florida, is no
longer participating in the process so there are now twelve (12) candidates. Attached is the
December 20, 2011 memorandum that lists the names of all these candidates.
To ensure that we have the benefit of diverse perspectives, the next round of interviews will take
place with two (2) panels, which include a mix of individuals from throughout the greater Miami
Beach community who have occasion to interact with the Miami Beach Police Department.
The City has been working with the Florida Police Chiefs Association (FPCA) to prepare for the
panel interviews, including the formulation of the questions and any oral and/or written
assessments each candidate will be asked or requested to provide. We have also asked the
FPCA to assist with the entire process leading up to the final selection of the Police Chief. The
panels will meet with each candidate on Monday, February 6 and Tuesday, February 7, 2012.
Panel A includes (in alphabetical order):
1. Richard Amion, Police Major, Miami Dade County Police Department and Police
Commander, Town of Miami Lakes, Florida
2. Mayra Buttacavoli, Miami Beach resident (former Human Resources Director and
Assistant City Manager, City of Miami Beach)
3. Marlo Courtney, Goldman Properties (representing the business community)
4. Dan Gelber, Attorney (former Federal Prosecutor)
5. Carlos Martinez, Public Defender
6. Gerald Monahan, Chief of Police, Port Orange, Florida (former President of the Florida
Police Chiefs Association)
Panel B includes (in alphabetical order):
1. Michael Band, Attorney (former Chief Assistant State Attorney, Miami Dade County)
2. Averill Dorsett, Human Resources Director, City of Fort Lauderdale (former Prosecutor,
Miami Dade County)
3. C.J. Ortuno, Executive Director, Save Dade
4. Samuel Williams, former Chief of Police, Ocala, Florida (former Assistant County
Manager over Public Safety, Miami Dade County and former Assistant Director, Miami
Dade County Police Department)
5. Elsa Urquiza, Miami Beach resident (former U.S. Equal Employment Opportunity
Commission (EEOC) employee)
In addition, William Liquori, the former Chief of Police of Altamonte Springs, Florida and .former
Deputy Chief of Police of Orlando, Florida (and also a former President of the Florida Police
Chiefs Association) will represent the Florida Police Chiefs Association during the panel
interviews and will observe all of the interviews.
14
Memorandum -Police Chief recruitment
Page2of2
After each of the two (2) panels interview all 12 candidates, the panels will collectively
recommend which candidates should move to the final interview. The final interviews are
scheduled to take place on February 22, 2012. I have asked the following individuals to join me
in the final interviews with the top candidates:
1. Hugo Barrera, Special Agent in Charge, Miami Field Office, Bureau of Alcohol,
Firearms and Explosives (ATF)
2. Victor M. Diaz, resident, attorney and former City of Miami Beach Commissioner
3. James Loftus, Director, Miami Dade County Police Department
4. Jose Smith, City Attorney, City of Miami Beach
The selection of the Police Chief will be made shortly after these final interviews and a thorough
background check and criminal history check. The selected candidate will also be subject to a
pre-employment physical and I will conduct a series of reference checks to cross-check and verify
the information we have gathered and to get to know the candidate even better. Finally, the
salary, benefits and start date will be negotiated. I expect the selected candidate will be
introduced to the City Commission and then brought to the City Commission for consent at the
March 21, 2012 City Commission meeting.
If you need any additional information, please feel free to contact me.
JMG/ri
F:\HUMA\$aii\Galyna\Commission\Memo Update on PO Chief Process (1-11-12).docx
15 -------
' "t---~····-----
ttl MIAMI BEACH -=-
OFFICE OF THE CllY MANAGER
MEMORANDUM
TO: . ~?'Jh ~~r:era Bower and Members of the City Commission
FROM:~TeftGonzalez, City Manage
DATE: December20, 2011
SUBJECT: Update on Poliee Chi·ef Recruitment
This memorandum is to provide a.n update on the Police Chief recruitment. Attached is the
November 28, 2011 memora~dum that provided the last update on this recruitment process.
The City accepted applications for this position through November 30, 2011, and received a total
of 79 application~. Of these 79 applicants, the City identified 24 candidates to proceed to the
telephone interview stage of the recruitment process, as described previously in the September
27, 2011 memo to the City Commission (also attached).
The telephone interviews took place from December 7, 2011 through December 9, 2011, and
were conducted by Assistant City Manager Hilda Fernandez, Assistant Fire Chief Javier Otero,
·Assistant Director of Human Resources Rafael Granado, and Senior Assistant City Attorney
Aleksandr Boksner. From these telephone interviews, the panet Identified a group of candidates
to participate in the format Interview stage of the recruitment process. A preliminary background
search was performed on all the candidates selected to participate in this next process. The
thirteen (13) candidates who have been invited to participate are listed below (in alphabetical
order):
1. Eugenio Bernal, Deputy Chief of Police, Orlando, Florida Police Department
2. Thomas Cannon, former Assistant Chief of Police, Miami, Florida Police Department
3. Frank Fernandez, Police Expert Consultant, U.S. Department of Justice and former
Deputy Chief of Police/Chief of Operations, Miami, Florida Police Department
4. Ricardo Gomez, Chief of Police, Dora!, Florida Police Department
5. Michael Gugliotti, Chief of Police, Waterbury, Connecticut Police Department
6. Rafael Hernandez, former Chief of Police, North Miami Beach, Florida Police Department
7. Thomas Hunker, Chief of Police, Bal Harbour, Florida Police Department
8. Raymond Martinez, Assistant Chief of Police, Miami Beach, Florida Police Department
9. Paul Miller, Deputy Chief of Police, Miami Gardens, Florida Police Department
1 0. Calvin Moss, Deputy Chief of Police, Atlanta, Georgia Police Department
11. Mark Overton, Chief of Police, Hialeah, Florida Police Department
12. Amos Rojas, former Special Agent in Charge, Florida Department of Law Enforcement
13. Louis Vega, former Police Director, Camden, New Jersey Police Department
To ensure many different perspectives are taken into account, the formal interviews will take
place with two (2) panels, which will include a mix of individuals from throughout the community
who have occasion to interact with the Miami Beach Police Department. Our Human Resources
Department is reaching out to and finalizing who will serve on the panels. The panel interviews
are scheduled to take place during the week of January 16, 2012.
As mentioned previously, and noted in the September 2th Memorandum, the final round of
interviews and other assessments are expected to be completed by early to mid February 2012,
with the selection of the Police Chief expected to be made shortly afterwards.
If you need any additional information, please feel free to contact me.
JMG/RI
Attachments
F:\HUMA\$aii\Galyna\Commission\Memo Update on PD Chief Process (12-20-11).docx
16
I
I
I ;
l'
1 ··-· .. ·-· .. ··---·-·--·------·---·--·-·---·--------------···-·--·-· -····
• ! •' ; ' • :.,.:· :;-..o .~I ...... ~''"'-1,. • :
:: \' i_:\: :.:· ~: ;, [.~) ~~:~:_;~\. :_~_ ..... ~:.
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~V A~
November 28, 2011 uv-r-0
SUBJECT: Update on Police Chief Recruitment
This memorandum is to provide an update on the Police. Chief recruitment. Attached is.
the September 27, 2011 memorandum that provides details and an overview of the full
recruitment process.
As of November 23, 2011, the City has received 75 applications. Of these candidates,
there is a mix of senior level Jaw enforcement individuals and a number of current or
former police chiefs from other jurisdictions. Although the City will continue to accept
applications, a comprehensive review and evaluation of each application has already
begun. This review is expected to be completed by early December 2011.
The telephone interviews described in the September 27, 2011 memorandum (attache(!)
are expected to be completed by mid-December 2011. From this telephone interview
process, candidates will be selected and invited to participate in the formal interview
process. These formal interviews will be with at least two panels which will include a mix
of individual.s from throughout the community and the organization who have occasion to
interact with the Police Department and can provide valuable insight to the process.
This will ensure many different perspectives are taken into account I have identified a
number of individuals to participat~ in the process and once we know which candidates
will be invited to interview, the panelists will be finalized and interviews will be
schedul~d.
As mentioned in my memo of September 27, 2011, the final round of interviews and
other assessments are expected to be completed by the end of January 2012 to early
February 2012 with the selection of the Police Chief expected to be made shortly·
afterwards. Even though the City will have already conducted preliminary background
checks on the top candidates, once the final selection is made, a more thorough
background check, including references and other required steps, will be conducted prior
to the City Commission ratification.
The recruitment process and timeline described in the September 27, 2011 Memo is
aggressive and should yield a highly qualified and competent selection for the Chief of
Police. As previously mentioned, timeline~ are subject to change based on several
. factors including how the process progresses.
If you need any additional information, please feel free to contact me.
JMGIRI
Attachment
F:\cmgr\$ALL\LTC 2011\Memo Update on PD Chief Process 1 '! 28 11.docx
17
OFFICE OF THE CITY MANAGER
MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Co ission
From: Jorge M. Gonzalez, City Manager
Date: September 27, 2011
Subject: Chief of Police Recruitment
The purpose of this memorandum is to provide an overview of the recruitment process for the
City of Miami Beach Chief of Police. As you know, Chief Carlos Noriega is in the DROP and will
·separate from the City on December 31, 2011.
As discussed at the September 14, 2011 City Commission meeting, an intemal/externiiil
recruitment will be conducted to identify ahd select the next Chief of Police for Miami Beach. In
order to ensure a fair and open recruitment, which will aid me in identifying and selecting the
best candidate for the position, the process I intend to follow is outlined below. ·
As City Manager, I have conducted numerous executive level recruitments over the past several
years and I have used a variety of methods to ensure that we fully evaluate prospective
candidates. Typically, the City's recruitment process includes the following phases: (1)
Recruitment; (2) Evaluation; and (3) Selection/Appointment.
The process for the Police Chief recruitment will be similar to the City's standard process which
we have used for other senior level recruitments for department directors, including the two
most recent appointments-the CIP Director and Building Director. This process will include
input from many different perspectives and stakeholders to ensure that a fair and unbiased
selection is made. Other elements may be incorporated to the process to help w'Jth the City's
recruitment efforts. Such a process will help protect the City from any challenges that may arise
after the process is concluded from any non-selected candidate. The timelines described below
are subject to some fluctuation depending on how the process progresses.
Recruitment
The recruitment phase of the process is already underway and the City has already begun to
accept applications.
Before the recruitment phase began, the Human Resources Department updated the Police
Chief job description (as it had not been revised since 1997) to more accurately capture the
current nature of work; essential duties; knowledge, skills and abilities; and minimum
requirements of the position. Based on the updated job description, a position announcement
was developed (attached).
This position announcement has. been posted on the City's website and job boards and has
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been submitted to the following organizations for posting on their respective websites and
employment outlets: · ·
• International Association of Chiefs of Police (lACP)
., Florida Police Chiefs Association (FPCA)
• Miami-Dade County Association of Chiefs of Police (MDCACP)
• International City/County Management Association (ICMA)
• Florida City/County Management Association (FCCMA)
Q Miami-Dade City/County Management Association (MDCCMA)
In addition, the City will forward the position announcement to contacts in the industry and ask
that the announcement be distributed to individuals or groups that may be interested or may
know of individuals who may be interested. Human Resources will also identify candidates
through referrals, networ~ing and available online services. ·
The position will be posted for two full months (from September 23, 201 1 through November 23,
2011) to allow adequate time for prospective candidates to consider the opportunity and to
complete and submit an application to the City for consideration. Although the City will continue
to accept applications after this date, the evaluation phase wnt become the priority.
Evaluation
The City will continuously review and evaluate all applications as they are received. The
evatuation process includes the following:
1. Review of Qualifications
Initially, the Human Resources Department will screen applications to ensure they meet the
minimum requirements of the position; In addition, the applications are sorted into cat~ories
based on their relative experience and whether they meet the qualities described in the position
description. Following this initial review of paper qualifications, I also will personally review the
candidate applications to determine an initial list of candidates who will be asked to participate
further in the process. This is expected to be completed by early December 2011.
2. Telephone lnteNiews
The telephone interview is intended to reduce the initial list of potential candidates down to a
more manag~able number of candidates (usually between eight and twelve). An informal
interview with candidates is conducted to refine items included in their application and get a
better understanding of their unique skills, abilities and experience. A determination is made as
to whether the. candidate warrants continued consideration.
At this time, a determination is also made as to whether the overall pool of candidates is
sufficiently acceptable and diverse enough that a selection can be made from the list and the
evaluation process should continue. If not, the City will expand recruitment efforts to ·attract
additional candidates. This is expected to be completed by December 2011.
3. Panel Interviews
The next step involves. inviting the candidates to come to the City for a structured panel
interview. At this step, the process is much more formal. Specific questions are developed and
a specific routine is followed. The panels will consist of a mix of individuals to ensure that we ·
get the benefit of many different perspectives. This step will identify more specifically the
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candidate's technical abilities and other skiUs for the position. This has, on some occasions,
included more than one panel ("Internal" and "External" evaluators).
For this position, it is my intention to have at least two different panels interview the candidate
and give me their opinions. The panels will include individuals from the community who have a
particular perspective or who have occasion to interact with the Police Department and can
provide valuable insight to the process as well as internal individuals (employees) who interact
frequently with the Police Chief or Police Department.
·The panel interview portion should reduce the candidate list down to the top three to five
candidates for further consideration. This is expected to be completed in early January 2012.
Selection/ Appointment
Upon completion of the panel interviews, a short list of candidates wlU be identified and will be
further considered for selection. This process will .include a final inteNiew panel, as well as
other assessment tools to ensure that the candidate who is best qualified and is the best fit for
the community and the organization is identified.
Final Interview
I will conduct one or more final interviews with the candidates. Typically, I will include others on
this panel to again, ensure a variety of perspectives in our consideration. At this stage,
management, leadership and personality traits are also considered. The aim is to ensure a
highly qualified candidate with not only the technical skills to do the job, but also someone who
has the appropriate other skills to succeed in our community, our organi~ation and our
environment. I expect thatthls step will be completed by the end of January 2012.
Other Assessments
Given the high degree of public contact that the Police Chief Will have with our community, 1
would also expect to. create an opportunity for our community (both resident and business) to
have an opportunity to meet and question the candidates. This exercise is still under
development but would entail a public meeting .{or series of meetings} to give the broader
community an opportunity to give me their thoughts and ~uggestions .as I make my final
determination on selection. The expected completion for this is January 2012.
In addition to the process mentioned above, further research and evaluation takes place. The
short list of candidates and/or final candidate will also have to go through a thorough
background check and criminal history check. A pre-employment physical is conducted. I will
also conduct a series of reference checks on the final candidate to cross check and verify the
informatioR we have collected and get to know the candidate better. Finally, the salary, benefits
and start date negotiations are conducted. This is expected to be completed in early to mid
February 2012.
Commission Ratification
As the Police Chief position is a department director, the City· Charter requires that the City
Commission consent to his/her appointment. It is my intention to introduce the selected
candidate to each of you prior to the item being heard by the Commission. You each will have
an opportunity to individually meet with, ask questions of and give your thoughts to me or to the
selected candidate prior to consenting to the appointment. This is expected to take place at
either the February or March 2012 commission meeting (depending on dates and completion of
above process).
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The recruitment process and timeline described above is aggressive and should yield a highly
qualified and .competent selection for the Chief of Police. As previously mentioned, timelines
are subject to change based on severe)! factors including how the process progresses.
If you have any questions or need additional information regarding this issue, piease feel free. to
conb;lct me direc;tly or.Ramiro lnguanzo, Human Resources Director, at extension 6697.
F:cmgr/Jorge/Memo/Pofice Chief Recruitment
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CITY OF MIAMI BEACH
MlA/v\1 BEACH
invites applications for the position of:
Police Chief
EOE/AA/ADA/V'Ef PREF
SALARY: $60.75-$98.12 Hourly
$4,860.30-$7,849.81 Biweekly
OPENING DATE: 09/22/11
CLOSING DATE: 11/23/11 05:00 PM
NATURE OF WORK:
Miami Beach is a 24-hourn-day-a-week, entertainment I residential full service community, encompassing
seven square miles, populated by approximately 90,000 year"'''ound residents, but with a daily population of
nearly 200,000. Miami Beach's international appeal brings over 10 million tourists annually to its beaches,
restaurants, clubs, cultural facilities, convention center-and other establishments.
The Clty of Miami Beach was incorporated in '915 and operates on a CommlssionJCity Manager form of
government. The Commission consists of an elected Mayor and six Commissioners who serve as the policy·
making body of the City. The City Manager ensures that policies, directives, resolutions and ordinances
adopted by the City Commission are enforced and implemented. The City Manager is also charged with all the
dally operations of the Clty. All Department Directors, including the Police Chief, are appointed by and report
to the City Manager.
The Miami Beach Police Department (MBPD) is responsible for the enforcement of all laws within the City
limits of Miami Beach. The MBPD has ~:Jn aMua! budget of approximately $90 million and approximately 500
employees (of which approximately 370 are swom officers). The Fraternal Order of Police {FOP) represents·
the non·command staff sworn employaes and three other general employee unions represent most other · ·
employees. The MBPD is one of approximately 20 citywide departments that all work together to accomplish
the City's ov~rall mission and vision.
The MBPD is nationally accredited by the Commission on Accreditation for Law Enforcement Agencies
(CALEA). Additionally, the MBPD is currently recognized as an elite "Flagship Agency,• an accomplishment
attained by a limited number of police departments. Flagship Agencies are selected by CALEA based upon
their past awards, current assessments, and overall professional standing in the public safety community.
The current Police Chief is retiring after a 28 year career with the MBPD.
The Police Chief is a highly responsible senior level management position that involves the planning,
organizing, staffing, directing and controlling of all of the Police Department's functions and activities. This
position requires extreme confidentiality and professionalism. The Chief exercises extensive independent
judgment and professional managerial knowledge in the administration of a large and complex 24-hour/7-day-
a-week public saiety and law enforcement department'to provide the highest level of protection to the City.
The position requires the ability to proactively and successfully work with staff at all levels and with the City
Administration to deal wlth personnel, safety and ~ministrative issues. Supervision is exercised through
v~rtous levels of command staff in the Police Department over a variety of sworn, technical professional,
administrative, specialized, and clerical employees with assign~d responsibilities in various operatio('ls of the
department. The Police Chief reports to the City Manager. The Pollee Chief is responsible for the attainment
of desired objectives, the professional management of all of the MBPD operations, and for the quality of
services provided by MBPD employees to the City and Its customers.
The selected Police Chief will lead the transformation and transition oi the MBPD to an ev.en higher
performing organization with particular emphasis on developing a well trained and well respected organization
applying traditional community-based and problem-oriented policing strategies. Special attention to the use
and implementation of technology an.d automation to ensure increased accountability and transparency of the
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department is expected. The Chief will also deal with a number of other challenges, including: {1) striking the
balance between more communiiy-oriented services delivered to our residents and the demands and
workload generated as a 24-hourtourist destination; (2} Managing and policing several large scale events that
take place in the City which attract large crowds particularly d!,!.rlng holiday weekends le: (New Year's Eve,
July 4th, Memorial Day etc.), spring break, the winter season and other special events throughout the year; (3)
Focusing on streamlining the organization in light of extremely challenging budget constraints; (4) Collectively
bargaining with the FOP and other unions in 2012 as the current contracts expire on September 30, 2012 with
particular focus on wages, benefits and pension issues; (5) Ensuring that all MBPD employees are committed
and connected to the City's and MBPD's mission, vision, and values, and are held accountable at alllev~ls.
and at all times, (6) Ensuring the Delivery of good customer service by police personnel and th~ attainment of
high employee morale; and, (7) focusing on other high priority tasks to be addressed immediately.
ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES:
o Plans1 programs, directs and evaluates all the operations of the Police D.epartment;
o Develops annual budget proposal and controls budgeted expenses;
o Formulates and implements police policies, procedures 1 rules, regulations and
programs;
o Prepares and reviews operational and administrative reports;
" Participates as a member of the City's labor relations collective bargaining negotiations
team;
o Develops and maintains effective partnerships with local, state and federal law
enforcement agencies;
o Proactively develops c:md Implements plans to address challenges unique to the
Department and City;
o Promotes 1 assigns and dlsdpllnes department personnel;
o Supervises maintenance of all records and materials as;iiodated with law enforcement
activities or administration; ·
.. Makes periodic public addresses;
o Attends meetings and serves on commlttees1 boards and agencies related to promoting
crime prevention and improving law enforcement;
" Ensures the delivery qf good customer service by departmental personnel
.. Evaluates the work of departmental personnel; and
o Performs related work as required.
MINIMUM REQUIREMENTS:
.. A minimum of fifteen (15) years of progressively responsible law enforcement
experiencer whlcli must include at least five to seven (5·7) years of executive
management and police command staff experience.
o Certification as a Florida law enforcement officer in accordance with Chapter 943 1 Florida
Statutes (or ability to obtain within six months of employment),
o Bachelor's degree from an accredited institution, in Public Administration, Political
Science 1 Criminal Justice1 Law Enforcement, Public Safety Management1 or related field.
o Other combination of experience and education that meet the minimum requirements
may substitute the education prerequisites.
o Progressively responsible senior-level police command staff experience in Florida law
enforcement. (Not a m.inlmum requirement but highly desir~d)
o Graduation from a nationally rec.ognized executive development command-training
program (i.e. FBI National Academy, soutnern Police Institute, Northwestern, or other
related professional law enforcement programs). (Not a minimum req1.,1irement but
highly desired)
o Master's degree from an accredited instltution 1 in PubUc Administration, Political Science,
Criminal Justice, Law Enforcement, Public Safety Management, or related field. (Not a
minimum requirement but highly desired)
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24
RESOLUTION NO. ____ _
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPOINTING MAYOR MATTI HERRERA BOWER TO THE
MIAMI-DADE COUNTY TOURIST DEVELOPMENT COUNCIL
FOR THE JANUARY 2012-JANUARY 2016 TERM.
WHEREAS, the Miami-Dade County Tourist Development Council provides
support to promote Miami-Dade County as a tourist destination by sponsoring tourist
oriented cultural events, tourist related activities, and television origination projects; and
WHEREAS, the City of Miami Beach's representative on the Miami-Dade County
Tourist Development Council for the City of Miami Beach through January 2012 was
Mayor Matti Herrera Bower; and
WHEREAS, the term of the City of Miami Beach representative on the Miami
Dade County Tourist Development Council has expired and a new reappointment is
necessary to be made by the Miami Beach City Commission; and
WHEREAS, it is the best interest of the City of Miami Beach to reappoint Mayor
Matti Herrera Bower as the City of Miami Beach's representative to the Miami-Dade
County Tourist Development Council.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor Matti Hererrera
Bower is hereby reappointed to serve on the Miami-Dade Tourist Development Council
for the four year term of January 2012 through January 2016.
PASSED and ADOPTED this __ day of March, 2012
ATTEST:
CITY CLERK
Robert Parcher
F:\ATTO\TURN\RESOS\Tourist Development Council.doc
25
MAYOR
Matti Herrera Bower
Agenda Item R 9 A 2
Date 3-ll-I z..
THIS PAGE INTENTIONALLY LEFT BLANK
26
RESOLUTION NO. _____ _
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING THE AMICI CURIAE (FRIENDS
OF THE COURT) BRIEF FILED BY THE UNITED
STATES CONFERENCE OF MAYORS, AND
NUMEROUS COUNTIES AND CITIES ACROSS THE
COUNTRY, SUPPORTING THE DECISION OF THE
UNITED STATES COURT OF APPEALS FOR THE
NINTH CIRCUIT ENJOINING THE IMPLEMENTATION
OF THE STATE OF ARIZONA'S IMMIGRATION LAW.
WHEREAS, the United States Court of Appeals for the Ninth Circuit has enjoined
the implementation of the Arizona immigration law, which, among other things,
significantly exceeds the narrow Federal law parameters under which local law
enforcement agencies may participate in federal civil immigration enforcement and
makes it a crime to be in this country illegally; and
WHEREAS, the United States Conference of Mayors supports the decision of the
Ninth Circuit and has prepared an amici curiae brief to be filed in the State of Arizona's
appeal to the United States Supreme Court; and
WHEREAS, the City of Los Angeles, and 20 other cities and counties across the
country have already agreed to join in and sign the amici curiae brief filed by the United
States Conference of Mayors; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support
the Ninth Circuit's decision halting the implementation of the Arizona law, and indeed,
previously passed and adopted Resolution No. 2010-27399 (attached hereto as Exhibit
"A") opposing the State of Arizona's law; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach supports
and wishes to join the United States Conference of Mayors, and other cities and
counties across the nation, in their amici curiae brief and wishes to take all steps
necessary so that the City of Miami Beach may be included as an amici curiae in the
filings before the United States Supreme Court in the case of State of Arizona and
JaniceK. Brewer. vs. United States, Case No.: 11-182 (the "Brewer case").
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach hereby support the amici curiae brief filed by the
United States Conference of Mayors, and numerous cities and counties across the
country, in support of the Ninth Circuit Court of Appeal's decision in the Brewer case and
27
:Agenda Item R ~ H
Date 3-21-/L
hereby directs the City Attorney for the City of Miami Beach to take all necessary actions
to include the City of Miami Beach as an amici curiae in the Brewer case.
PASSED and ADOPTED this __ day of March, 2012.
ATTEST:
CITY CLERK
Robert Parcher
F:\A TTO\ TURN\RESOS\ImmigrationArizona.doc
MAYOR
Matti Herrera Bower
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,·,. . RESO~~TION NO.['-. __ 20_1_0--2-73_9_.9 _ _________,)
A RESOLUTiON OF THE MAYOR AND CllY COMMISSION OF .
THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING ARIZONA
LAW SB 1070, AND LAWS SlMilAR TO ARIZONA LAW S_B
1070 IN-OTH~R STATES, AND FURTHER ENCOURAGING THE.
UNITED ·sTATE-S c·oN.GRES$ TO ENACT EFFECTIVE AND·
SENSIBLE BIPARTISAN COMPREHENS.IVE IMMIG-RATION
REFORM LEGISLATION.
. ·WHEREAS, on-April . 24, '. 201 0, the Governor -of A(iz6na signee! i.nto law SB. 1 070,
legislation whit:h would: . . ·
· · · • fl!lake it a state crime to be in.-the country illegally;
• · Require immigrants to have proof of their .immigration status;
• •. Require ·police officers to ''make. a reasonable attempt" to determine the immigration
.·status of a-person .if there :is a "reasonable suspici.on'' that he or she is an illegal
immigrant, unless it :Would ~inder or obstruct an investigation, an·d race, color and·
. . national origin are not to be the only factors police officers consider; . .
• . · Allow lawsuits against local or· ~tate government agencies that have policies ·that
· hinder enforcement of immigration laws; . · ·
• _ T~rget the hiring ,of i-llegal immigrants ~s day laborers by prohibiting· people from
. · stopping a vehicle on-a .road to offer employment .and by prohibiting a person from
. : getting .into a stopped vehicl.e <?ria _street to be ~ired for work if it impedes traffic;:and
. WHEREAS, SB 1070 is not scheduled to ~ake effect until Aug~st, 201 Q; and
-WHEREAS; SB , 1010 ·was opposed -by many mayors, police chiefs, ·and other _local
·officials in Arizona before it became law and is s'illoppo_sed by these officials;·.-and . . . . . .
WHEREAS, many mayors frorri cities· across. the nation, officials at state and federal
ievels; leaders of national organizations, and ·individual citizens have ex·pressed outrage at the
·· A;rizona law and concer[l fo_r the c;iv~l rights violations to which it will lead; and
.. WHEREAS,-several lawsuits, including those. by some AriZona cities, have been filed
which challen_ge the constitutionality of SB 1 070 and would enjoin it from taking effect, and
· those suits are currently pending in court; and . · . . . .
. . . . . . . . .
. WHE·REAS, ·officials. in several cities ~cross the country and of n~tional organi:z;ations .
·hav~ proposed immediate economic sanctions again-st Arizona b~c~use of SB 1 070; and.
. . WH~REAS, · mea$ures similar to Arizona-Law SB ·1070 ar~ now being proposed fo·r
. consideration in several other states; and . · · -· · ·
WHER:EAS, inany acknowledge that it was ~ lack of Congressional · action . on.
immigratioq re.form which·lead to the passage of SB 1070. in Arizona· and may lead to similar
actions in other states.; and ·
Exhibi:t "A"
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. ·.··
. . WHEREAS, in .20Q9·, ·t~e· U.S. ConfereJ:}ce of Mayors adopted im·migr?Ition reform policy
· Which calls· for quick p·assage of comprehensive immigration ~efo·rm legislation based on five -key
.principles, ,all.ofwhich were.embodied in policies'p,revious!y adopted by the organization, .
. . . . . .· : : : . .. . ,. . •. . . . .• .
. . . . . : .. · ..
... ·; .. Now, THEREFO.RE, BE. rt ·DULY~ ~ESOL.VED ev· :THE. MAYOR AND c_ITY.
·. . . ·. CQIIii'!\IIISSI()N O.F.THE CIJY OF,' MIAMI BEACH, FLORIDA, as·follows:. . . : . . . ' . . . ·. . .. . . .
J:hatthe May.or·a~d City Commission. hereby oppose Arizona Law SB '1070, and
·the enactment of laws similar to Arizona law SB 10i0 in other states, and further
. · encouraging the United States, Congress to. _'enact sensible and effective·
.. · . : . bipartisan comprehensive jmmigration reform legislat!on. · . . . .. . . . ·... . .
. ATTEST: ..
·. : : . . . . . ... . . . . . .. · . . .
·.· ··. ~····. ·· ... ··
. ' ;c ::. 0titl P..U&
··~~···~·.·
. AYR MATT(~RRERA BOWER /bl ... . . . .... .
. · ~OBERT PARCHER, CITY CLERK
·-~·· .
. .. .
. '-\
·,
.. •
· . · ·. f:\attoYf~Rf'!\R~SOS\Opposing Arizona Law.do~x
..
. .
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