20120606 SM2lD MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
June 6, 2012 ..
Mayor Matti Herrera Bower
Vice-Mayor Jerry Libbin
Commissioner Jorge R. Exposito
Commissioner Michael Gongora
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jorge M. Gonzalez
City Attorney Jose Smith
City Clerk Rafael E. Granado
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 AGENDA
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Supplemental Material2, June 6, 2012
R7 -Resolutions
R?E Resolutions Authorizing Agreements With Various External Entities To Assist The City In
Implementing The Action Plan To Address Potential Corruption And Misconduct:
1. A Resolution Approving And Authorizing The City Manager And City Clerk To Execute A
Memorandum Of Understanding Between The City, On Behalf Of Its Police Department, And
The Federal Bureau Of Investigation, Miami Area Corruption Task Force, For The Purpose Of
Identifying And Prosecuting Public Officials And Law Enforcement Officers At The Federal,
State, And Local Levels Of Government Involved In Public Corruption Throughout The
Southern District Of Florida.
2. A Resolution Approving And Authorizing The City Manager And City Attorney To Negotiate An
Agreement With Miami-Dade County, On Behalf Of The Miami-Dade County Office Of The
Inspector General (MDCOIG), To Authorize The MDCOIG To Provide Independent
Investigations Into City Practices And Operations In Order To Prevent And Detect Fraud,
Waste, Financial Mismanagement, Employee Misconduct, Or Other Abuses.
3. A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
In The Not To Exceed Amount Of $45,000, With Miami-Dade County, Florida, On Behalf Of
The Miami-Dade County Commission On Ethics And Public Trust, To Develop And Provide A
Comprehensive Ethics Training Program For City Employees Who Hold Positions That Are In
Regulatory Areas Of The City.
4. A Resolution Authorizing The Administration To Negotiate A Professional Services
Agreement, In An Amount Not To Exceed $150,000, With Crowe Horwath, LLP For Services
Related To Auditing The Processes Of Certain Regulatory Departments Or Divisions; And
Should The Administration Not Be Able To Successfully Negotiate An Agreement With Crowe
Horwath, LLP, Authorizing The Administration To Enter Into Negotiations With TCBA Watson
Rice, LLP; Authorizing The Mayor And City Clerk To Execute An Agreement With The
Successful Proposer Upon Completion Of Negotiations By The Administration.
(Police/Building/Human Resources)
(Revised Memorandum)
R?H A Resolution Approving, In Concept, The Grant, To Miami-Dade County, Of: 1.) A Temporary Ingress-
Egress And Construction Staging Easement (Or License Agreement); And 2.) Two Perpetual Non-
Revocable Easements, For The Construction And Installation Of A 60-lnch Diameter Sanitary Sewer
Force Main In, Over And Under A Portion Of South Pointe Park; Provided, However, That The
Aforestated Conceptual Approval Be Subject To And Contingent Upon Continuing Negotiation Of The
Agreements Between City And County Staff, Which Agreements, If Successfully Negotiated And
Finalized, Shall Be Subject To Final Approval By The City Manager And City Attorney; Further
Authorizing The Mayor And City Clerk To Execute The Final Agreements, If And When Finalized;
Further Accepting The Recommendation Of The City Manager And Authorizing A Waiver Of The City
Permit Fees In Connection With The Activities Contemplated In South Pointe Park Under The
Aforestated Agreements, As Well As In Connection With The Right-Of-Way Permit To Be Issued By
The City For The Portion Of The Project That Will Entail A Closure Of The Right-Of-Way On The
West Side Of Washington Avenue, From Commerce Street To South Pointe Park, And Commerce
Street, From Washington Avenue To Alton Road.
(Public Works)
(Memorandum)
ii
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY, AND THE FEDERAL BUREAU OF INVESTIGATION, MIAMI
AREA CORRUPTION TASK FORCE, FOR THE PURPOSE OF IDENTIFYING AND PROSECUTING PUBLIC
OFFICIALS AND LAW ENFORCEMENT OFFICERS INVOLVED IN PUBLIC CORRUPTION.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH THE
MIAMI-DADE COUNTY OFFICE OF THE INSPECTOR GENERAL (MDCOIG, TO AUTHORIZE THE MDCOIG
TO PROVIDE INDEPENDENT INVESTIGATIONS INTO CITY PRACTICES AND OPERATIONS IN ORDER TO
PREVENT AND DETECT FRAUD, WASTE, FINANCIAL MISMANAGEMENT, EMPLOYEE MISCONDUCT OR
OTHER ABUSES.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT IN THE
NOT TO EXCEED AMOUNT OF $45,000, WITH THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND
PUBLIC TRUST, TO DEVELOP AND PROVIDE A COMPREHENSIVE ETHICS TRAINING PROGRAM FOR
CITY EMPLOYEES WHO HOLD POSITIONS THAT ARE IN REGULATORY AREAS OF THE CITY.
A RESOLUTION AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A PROFESSIONAL SERVICES
AGREEMENT, IN AN AMOUNT NOT TO EXCEED $150,000, WITH CROWE HORWATH, LLP FOR SERVICES
RELATED TO AUDITING THE PROCESSES OF CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS;
AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT
WITH CROWE HORWATH, LLP, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH TCBA WATSON RICE, LLP; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE SUCCESSFUL PROPOSER UPON COMPLETION OF NEGOTIATIONS BY THE
ADMINISTRATION.
Key Intended Outcome Supported:
Increase Community Satisfaction with City Services; Increase Resident Satisfaction with Employee Contact;
Attract and Maintain a Quality Workforce; and Ensure Expenditure Trends are Sustainable over the Long Term.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolutions?
Item Summary/Recommendation:
At the May 9, 2012 City Commission, four recommendations to promote clean government and to root out and/or
prevent corruption were proposed by the City Manager. The City Commission voted to defer and refer these
items to be discussed at the May 17, 2012 Finance and Citywide Projects Committee and/or the May 18-19, 2012
City Commission Retreat.
These items were proposed as a result of the April11, 2012 arrest of seven city employees who were arrested by
the Federal Bureau of Investigations (FBI) on charges, including conspiracy to commit extortion. These arrests
and alleged misconduct by a few city employees represent a huge betrayal not only of the public's trust, but of our
entire organization. In my Letter to Commission (LTC) #105-2012, dated April 24, 2012, the administration
delineated actions taken and proposed to be taken to address issues raised by these arrests. Specifically, I
proposed a five-point approach that is intended to support the City in our efforts to root out employee misconduct
and corruption, and improve upon or create the necessary processes to prevent this from occurring again. One of
the five actions has already been initiated; Commander Hernan Cardeno has been re-assigned from the Police
Department to provide day-to-day oversight. In addition, a review of Code Compliance and Fire Inspection cases
is also underway, being handled by our City's Internal Audit Division. The other four following proposed actions
require Commission consideration and approval. These four recommendations remain as important today, and
are submitted once again for your consideration:
1) Authorizing the City Manager and City Clerk to execute a Memorandum of Understanding between the City
and the Federal Bureau of Investigation, Miami Area Corruption Task Force. This will enhance the City's
MIAMI BEACH AGENDA ITEM __._R_l'-e"'---
DATE 6-b -1'2.-
ability to engage in public corruption investigations, and allows us to leverage the Task Force's resources in
this regard. The City was invited to participate in the Task Force. A proposed MOU is attached to the memo.
The proposed MOU was discussed at the Finance and Citywide Projects Committee meeting of May 17,
2012. The Committee endorsed the City Manager's recommendation, as put forth on May 91
h, and
recommended approval of the proposed MOU.
2) Authorizing the City Manager and City Attorney to finalize the negotiations of an agreement with the Miami-
Dade County Office of the Inspector General (MDCOIG), authorizing the MDCOIG to provide independent
investigations into city practices and operations in order to pre'l(ent and detect fraud, waste, financial
mismanagement, employee misconduct or other abuses. The MDCOIG would serve as the City's Inspector
General and operate independently to initiate investigations, as well as respond to calls and complaints about
potential wrongdoing. A draft scope of work is attached to the memo, and discussions continue with the
MDCOIG on the terms of the engagement. Authorization for the City Administration, in conjunction with the
City Attorney's office, to finalize negotiations is recommended. The final negotiated agreement would be
brought back to the City Commission for approval.
3) Authorizing the City to enter into an agreement with the Miami-Dade County Commission on Ethics and
Public Trust, to develop and provide a comprehensive ethics training program for city employees who hold
positions that are in regulatory areas of the city. Each employee would receive 12.5 hours of specialized
training over six months. A total of 230 employees would receive this training, and this program is in addition
to the current training provided to all employees. The proposed program of work is attached to the memo.
Commissioner Tobin was tasked with contacting the Director of the Commission on Ethics directly to discuss
this further. I recommend that the City Commission approve the proposed program, as I previously proposed
on May 91h.
4) Waiving competitive bidding and authorizing a professional services agreement, in an amount not to exceed
$150,000, with a qualified firm for services related to auditing the processes of certain regulatory departments
or divisions. This follows the same approach I took with the external audit of the Building Department by
Watson Rice a few years ago. The scope includes, but is not limited to, reviewing organizational structure
and culture, internal controls, processes, and operations. Departments/divisions to be reviewed include the
Code Compliance Division; Fire Inspection process; Parking Enforcement Division; Fire Prevention Division;
Public Works Department (permitting processes only); Planning Department (permitting process, concurrency
fees, impact fees and other related areas); and Special Master Process. A draft scope of work is attached to
the memo. At the May 1 ih Finance and Citywide Projects Committee meeting, the Committee approved the
issuance of a request for "Expressions of Interest" from identified firms and recessed the Committee until
June 1st. That solicitation resulted in the receipt of six responses, which were reviewed by the Committee on
June 151 • Two firms were selected for interviews on June 5, where the Committee recommended that the City
enter into negotiations with Crowe Horwath, LLP, and should those negotiations not be successful, enter into
negotiations with TCBA Watson Rice, LLP.
The four recommended actions are as important today as they were on May 9th. It is recommended that
the Mayor and City Commission approve all four resolutions.
Adviso Board Recommendation:
Finance and Citywide Projects Committee on May 17, 2012 (continued to June 1 and June 5); Commission
Retreat, Ma , 2012.
Financial Information:
Source of Amount Account Approved
Funds: 1 $150,000 (Audit) TBD
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2 $ 45,000 (Ethics) TBD
3 TBD (MDCOIG) TBD
OBPI Total $195,000
Financial Impact Summary:
City Clerk's Office legislative Tracking:
n-Offs:
Department Director Assistant City Manager
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY, ON BEHALF OF ITS POLICE DEPARTMENT, AND THE
FEDERAL BUREAU OF INVESTIGATION, MIAMI AREA CORRUPTION TASK
FORCE, FOR THE PURPOSE OF IDENTIFYING AND PROSECUTING PUBLIC
OFFICIALS AND LAW ENFORCEMENT OFFICERS AT THE FEDERAL, STATE,
AND LOCAL LEVELS OF GOVERNMENT INVOLVED IN PUBLIC CORRUPTION
THROUGHOUT THE SOUTHERN DISTRICT OF FLORIDA.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH MIAMI-DADE
COUNTY, ON BEHALF OF THE MIAMI-DADE COUNTY OFFICE OF THE
INSPECTOR GENERAL (MCCOIG), TO AUTHORIZE THE MCCOIG TO PROVIDE
INDEPENDENT INVESTIGATIONS INTO CITY PRACTICES AND OPERATIONS IN
ORDER TO PREVENT AND DETECT FRAUD, WASTE, FINANCIAL
MISMANAGEMENT, EMPLOYEE MISCONDUCT, OR OTHER ABUSES.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT IN THE NOT TO EXCEED AMOUNT
OF $45,000, WITH MIAMI-DADE COUNTY, FLORIDA, ON BEHALF OF THE MIAMI-
DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST, TO DEVELOP
AND PROVIDE A COMPREHENSIVE ETHICS TRAINING PROGRAM FOR CITY
EMPLOYEES WHO HOLD POSITIONS THAT ARE IN REGULATORY AREAS OF
THE CITY.
A RESOLUTION AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT, IN AN AMOUNT NOT TO EXCEED
$150,000, WITH CROWE HORWATH, LLP FOR SERVICES RELATED TO AUDITING
THE PROCESSES OF CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS;
AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY
NEGOTIATE AN AGREEMENT WITH CROWE HORWATH, LLP, AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TCBA WATSON
RICE, LLP; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH THE SUCCESSFUL PROPOSER UPON COMPLETION OF
NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 2 of 10
KEY INTENDED OUTCOMES SUPPORTED
Increase Community Satisfaction with City Services; Increase Resident Satisfaction with Employee
Contact; Attract and Maintain a Quality Workforce; and Ensure Expenditure Trends are Sustainable
over the Long Term.
BACKGROUND
On April 11, 2012, five (5) Code Compliance and two (2) Fire Department employees were arrested
by the Federal Bureau of Investigations on charges including conspiracy to commit extortion. These
arrests and alleged misconduct by a few city employees represent a huge betrayal not only of the
public's trust -but of our entire organization. Their irresponsible actions have now cast a negative
light on the vast majority of our employees, who are hard working, dedicated men and women
committed to our mission of public service. They also paint an unfair picture of the hard work and
efforts by the Mayor and City Commission to provide honest guidance and vision for this community.
The LTC also delineated the administration's actions subsequent to the arrests. More specifically, I
proposed a five-point approach intended to support the City in its efforts to root out employee
misconduct and corruption, and improve upon or create the necessary processes to prevent this
from occurring again. One of the five actions has already been implemented; Commander Hernan ·
Cardeno has been re-assigned from the Police Department to assist the Code Compliance Division
by providing day-to-day oversight of the staff. In addition, a review of Code Compliance and Fire
Inspection cases is also underway, being handled by our City's Internal Audit Division of the Office
of Budget and Performance Improvement. Commissioner Weithorn met with me and staff to discuss
potential approaches to this internal review, and we will continue to seek her suggestions and input
as that process proceeds.
The other four proposed actions require Commission consideration and approval. These items were
briefly discussed during the May 9, 2012 City Commission meeting, with only one item being
approved at that time, pending further discussion. Subsequently, three of the items have been
discussed, at some level, at either Committee meeting, or at the Commission Retreat. They are
once again submitted for your review, consideration and approval.
1. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE FEDERAL BUREAU
OF INVESTIGATION, MIAMI AREA CORRUPTION TASK FORCE
The Miami Division of the Federal Bureau of Investigation (FBI) has established the Miami Area
Corruption Task Force (MACTF) for the purpose of maximizing inter-agency cooperation and
formalizing relationships between the participating agencies, for purposes of coordinating policy
guidelines, planning, training and public relations relative to public corruption. The mission of the
MACTF is to identify significant Public Corruption investigations throughout the Southern District of
Florida. The MACTF consists of a specialized group of investigators and prosecutors who are
responsible for the identification, investigation, prosecution, and forfeiture of all assets involved in
such cases. The MACTF also works to identify and develop new cases of corruption by both Public
Officials and Law Enforcement Officers on the Federal, State, and Local levels of government. It is
intended to enhance the effectiveness of Federal, State and local law enforcement resources
through coordinated initiatives, using the most effective investigative and prosecution avenues to
investigate, convict and incarcerate offenders.
Current MACTF members include the Federal Bureau of Investigation; City of Miami Police
Department; United States Attorney's Office -Southern District of Florida; United States Department
of Housing and Urban Development -Office of Inspector General; United States Department of
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 3 of 10
Transportation -Office of Inspector General; Internal Revenue Service -Criminal Investigation
Division; City of Hialeah Police Department; and the United States Environmental Protection Agency
-Office of Inspector General. Participation in the MACTF allows the participating agencies to utilize
the task force as a force multiplier.
In the course of discussions relating to the recent arrests, the City Manager, the Miami Beach Police
Department (MBPD) and the FBI discussed the City's participation in the MACTF. Both the FBI and
the City felt that this was a mutually beneficial partnership, as it establishes an ongoing relationship
between these two law enforcement entities. The invitation for the MBPD to participate also
demonstrates the FBI's confidence and trust in our Police Department's leadership and investigative
staff.
The proposed Memorandum of Understanding (MOU) between the City and the FBI was discussed
at the Finance and Citywide Projects Committee at their May 17, 2012 meeting. Chief Raymond A.
Martinez and FBI Supervisory Special Agent John Jimenez, supervisor of the Public Corruption Task
Force, were in attendance to discuss the details of the MOU and requirements for participating in
MACTF.
Participation in the MACTF will benefit the City and the MBPD by providing access to the full benefit
of the Task Force's investigatory support and capabilities to attack corruption now and in the future
in Miami Beach. The proposed Memorandum of Understanding (MOU) between the FBI and the
City of Miami Beach on behalf of the MBPD (ATTACHMENT 1), would allow the City to assign a
sworn police officer full time to the MACTF to work in conjunction with their personnel in
investigating and prosecuting public corruption. Participation in the MACTF will benefit the City and
the MBPD by providing access to the full benefit of the Task Force's investigatory support and
capabilities to attack corruption now and in the future on Miami Beach. In addition to the assigned
officer, other Police Department investigative personnel will also be deputized to have special
training and clearance to work with MACTF.
The term of the MOU is for the duration of the MACTF operations, and can be terminated at any
time upon written mutual consent of the agencies involved. There is no additional cost associated
with the City's participation in the MACTF beyond the City's continued funding of the full time sworn
officer. The FBI covers costs associated with providing a car (including fuel), phone, training, and
reimbursement of overtime. Additionally, the City will participate in the distribution of funds from any
seizures.
As part of MACTF, the officer would be under the FBI's supervision, and would report to the Internal
Affairs chain of command. Special Agent Jimenez explained that the reporting done would be FBI
reports, which could not be disseminated outside of the FBI without the FBI's approval.
Communication with the Miami Beach Chief of Police would be done on a "need to know" basis;
would depend on the scope of the case; and would be left to up to his discretion. Although there is
no time commitment required for participation, Special Agent Jimenez stated that since there is a
learning curve in investigating public corruption and FBI procedures, that his recommendation would
be a minimum of a three to five year commitment.
As a result of the discussion, the Committee endorsed the City Manager's recommendation, as put
forth at the May 9, 2012 City Commission meeting, and recommended approval of the Memorandum
of Understanding (MOU}, and that the item be brought to the full Commission on June 6, 2012.
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 4 of 10
2. AGREEMENT BETWEEN THE MIAMI-DADE COUNTY OFFICE OF THE INSPECTOR
GENERAL AND THE CITY, TO PROVIDE INDEPENDENT INVESTIGATIONS INTO CITY
PRACTICES AND OPERATIONS IN ORDER TO PREVENT AND DETECT FRAUD,
WASTE, FINANCIAL MISMANAGEMENT, EMPLOYEE MISCONDUCT OR OTHER
ABUSES.
As you have been advised, shortly after the news of the arrests, the Mayor and I reached out to
Miami-Dade County Inspector General Christopher R. Mazzella about the possibility of the Miami-
Dade County Office of the Inspector General (MDCOIG) providing our City with their services to
investigate and review allegations of waste, fraud, abuse, employee misconduct and
mismanagement. It is my belief that it is important that employees, residents and business owners
alike report conduct that is not consistent with the integrity we expect of our public servants and,
when doing so, those reporting such activities must feel confident that their call and concerns will be
properly investigated. Likewise, it is beneficial for the City to have available an independent process
to investigate any reported fraud or employee misconduct, such as concerns with the City's
procurement and regulatory functions, especially as it relates to matters that may not rise to the level
necessitating the FBI's involvement. The Mayor and I met with Mr. Mazella and his staff on April 18,
2012, to discuss the possibility of a formal relationship between his office and our City. The
Inspector General was receptive to such an engagement and we began laying out the basis of an
engagement agreement.
As you may know, the MDCOIG was created in 1998 by the Miami-Dade County Commission,
through County Ordinance, and has the authority to "review past, present and proposed County and
Public Health Trust programs, accounts, records, contracts, and transactions. The MDCOIG
investigates allegations of fraud, waste, abuse and misconduct amongst public officials and County
employees, as well as contractors and vendors doing business with the County."
To carry out this function, the MDCOIG is empowered with the ability to require the production of
documents and records in the possession and control of the County, and has the power to issue
subpoenas, where necessary. The MDCOIG can also require reports from any County official,
County agency or instrumentalities regarding any matter in its jurisdiction; to report on and
recommend to County government on whether a particular program, contract or transaction is
financially sound, reasonable, necessary or operationally deficient; to conduct random audits; and
to provide general oversight of department programs and large-scale construction projects. The
MDCOIG has oversight of over 40 county departments, including Aviation, the Seaport, Transit,
Housing, Community and Economic Development, Water and Sewer, Solid Waste, Public Works
and the Public Health Trust (JMH). Since 2007, the MDCOIG has been serving as the Inspector
General for the Miami-Dade County School Board through an lnterlocal Agreement. The MDCOIG's
powers do not extend to municipalities.
A proposed Agreement between the City and Miami-Dade County, on behalf of the MDCOIG, would
authorize the MDCOIG to provide similar services to the City. Staff members from the MDCOIG, City
Administration, City Attorney's Office and I began working to refine a proposed Agreement setting
forth the authorized powers and duties of the Inspector General, if contracted to provide these
services to our City. As we are the first municipality to propose this type of an engagement with the
MDCOIG, no existing template for that type of Agreement exists. The negotiated Agreement would
be brought back to the City Commission in for final approval. Please refer to the attached DRAFT
Scope of Services for this Agreement (ATTACHMENT 2).
The following generally describes the role of the Inspector General and the scope of services that
would be contemplated to be provided through the Agreement, to be further negotiated:
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 5 of 10
• It is intended that the organization and administration of the MDCOIG will be sufficiently
independent to assure that no interference or influer:~ce external to the MDCOIG adversely
affects the independence and objectivity of the Inspector General. The Inspector General
considers this an integral component of any engagement with their office.
• The MDCOIG may exercise any of the responsibilities, functions and authorities contained in
the Agreement upon his or her own initiative.
• The Mayor and Commission, City Manager, City Attorney, City's Internal Auditor and Miami
Beach Police will cooperate with the MDCOIG to achieve the goals of preventing and
detecting fraud, waste, financial mismanagement, employee misconduct or other abuses,
and promoting accountability, integrity, economy, and efficiency in government.
It would be anticipated that, subject to any limitations which may be specifically delineated in the
Agreement, the MDCOIG would be authorized by the City to:
• Serve as the Inspector General for the City during the term of the Agreement.
• Randomly or in response to complaints, conduct any reviews, audits, inspections,
investigations or analyses relating to departments; offices; committees; activities; accounts;
records; procurement processes (e.g. how bid specifications were established; how the bid
process was managed; and the activities of the prospective bidder, its officers, agents and
employees, lobbyists, City staff, and elected officials); contracts; transactions;
past/present/future programs and agencies of the City: employee compliance with
established policies and/or standard operating procedures of the City (including the
operations of departments or divisions of the City with regulatory oversight of
city/state/federal codes such as, but not limited to, fire, parking, planning and zoning,
building, property maintenance, noise, etc.); and allegations of employee misconduct.
• Require reports and the production of records from the Mayor, Commission, City Manager,
City officers, employees (except any files or reports relating to litigation that are subject to
attorney-client or other similar privilege) and entities under contract with the City.
• Staff and support a "hotline," which shall be operational throughout the duration of this
Agreement, to accept calls from individuals reporting alleged fraud, waste, financial
mismanagement, employee misconduct or other abuses. Such hotline shall be advertised by
the City.
The MDCOIG will not, whenever possible, duplicate the work of the City's Internal Auditor, Miami
Beach Police Department Internal Affairs Division, Miami Beach Human Resources Department,
City Commission, City Manager and City Attorney, or of the State Attorney's Office or Miami-
Dade County Commission on Ethics. It is understood, however, that the MDCOIG's audits,
investigations, inspections and reviews may from time to time address the same or similar issues
or activities being reviewed by the aforementioned entities. In such cases, the MDCOIG's audits,
investigations, inspections and reviews will be conducted separately and independently from
those entities, and upon conclusion, the MDCOIG, where appropriate, will refer the disposition or
finalization of any audit, investigation, inspection or review to the appropriate City entity for any
additional action.
The MDCOIG understands the concerns that have been raised by the City Attorney's Office with
regards to privileged information, in particular when it may involve litigation against Miami-Dade
County. Language to address this concern has been discussed with the City Attorney and would
be further flushed out for inclusion in the final Agreement.
The proposed Agreement would be for a term of three (3) years from date of execution by all
parties, and would be renewable for an additional term; any additional term would be determined
and agreed upon by both Parties. The Agreement may be terminated for any reason, including
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 6 of 10
convenience, by either party by thirty (30) days' written notice to the other party.
We continue to discuss the proposed engagement with the MDCOIG and would request that the
City Commission authorize the City Manager's office, in coordination with the City Attorney's
office, to continue to negotiate the proposed scope of services for the Commission's future
consideration.
3. AGREEMENT WITH THE MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC
TRUST, TO DEVELOP AND PROVIDE A COMPREHENSIVE ETHICS TRAINING PROGRAM
FOR CITY EMPLOYEES WHO HOLD POSITIONS THAT ARE IN REGULATORY AREAS OF
THE CITY.
As you know, on April 13, 2012, immediately following the arrests, I contacted the Miami Dade
County Commission on Ethics and Public Trust (Commission on Ethics) and spoke to their
Executive Director and General Counsel Joseph M. Centorino about having the Commission on
Ethics assist the City of Miami Beach with specialized ethics training for all city employees in
regulatory functions. While the City currently provides and requires ethics training for all City
employees, I believe that additional, tailored ethics training focused on the issues and challenges
faced by all of our regulatory employees in the Building, Code Compliance, Fire, Parking, Planning
and Police Departments was and is necessary.
On April 19, 2012, Mayor Bower and I along with other city staff met with several senior-level staff
members from the Commission on Ethics including Mr. Centorino and Deputy General Counsel
Miriam Ramos, to discuss this comprehensive ethics training. On April23, 2012, Michael Murawski,
Advocate for the Commission on Ethics had separate and individual meetings with senior-level staff
from the city's Code Compliance, Fire, Parking, Organizational Development, and Internal Audit
areas to gather additional information and details about the city's past and intended efforts
pertaining to training on ethics, particularly for the employees in the regulatory areas of the city.
By way of further background, in 2004, I appointed a team from throughout the city to develop
curriculum and deployment strategies for each of the city's priority training areas which include:
ethics, diversity, sexual harassment, customer service and team building. Course content was
developed in consultation with the Human Resources Department, the Miami-Dade Commission on
Ethics, the Office of the City Attorney, and other external subject-matter experts. Training in each of
these areas was geared specifically to each city department and made available to all city staff. By
2008, all employees were required to attend these trainings (employees are required to attend the
Ethics course every two years). In addition, in 2011, an on-line electronic learning system was
procured which allows the city to provide access to all employees of these required trainings 24-
hours-7 -days-a-week. The city is in the process of making this system available to all employees
this month.
The training that has been discussed with the Commission on Ethics would provide additional,
specific and much more in-depth training to all employees who are in a regulatory area of the city.
For now, the Commission on Ethics has been asked to first focus on employees in the Code
Compliance, Building, Planning, Fire (Inspections) and Parking (Enforcement) areas of the city. It is
expected that in the near future, a similar training program will be provided to other city employees.
Attached is the proposal submitted by the Commission on Ethics (ATTACHMENT 3). The proposal
includes:
1) Multiple sessions of intensive and interactive training for all employees and supervisors
engaged in the areas of (1) fire inspection; (2) parking enforcement; (3) building inspection;
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 7 of 10
(4) code enforcement; and (5) planning. Each employee would receive approximately 12.5
hours of training.
2) Training for approximately 230 employees.
3) The Commission on Ethics is prepared to design, conduct and conclude the initial training
within six months.
The proposed sessions include the following over the six months of training (provided through
approximately 12.5 hours of training, per employee):
1. Introduction to Ethics -Interactive lecture and discussion led by staff from the Commission
on Ethics on public service ethics, governmental organizational culture and professionalism.
2. Provide a detailed presentation on the code of ethics requirements for public employees
emphasizing issues such as gifts, conflict of interest, and exploitation provisions particularly
relevant to employees engaged in a regulatory role. These will be illustrated with case
examples.
3. Presentation and discussion of legal and administrative consequences of illegal and
unethical activity by public servants, including the participation of former public employees
whose conduct led to termination.
4. Presentation on the laws that govern bribery, including a discussion of illustrative criminal
cases from Miami-Dade County and elsewhere.
5. Presentation and discussion on the special integrity challenges presented by the regulatory
environment in the City of Miami Beach, including presentations by a retired management-
level employee of a local government municipality.
6. Interactive group discussion led by staff from the Commission on Ethics on six hypothetical
scenarios directly relevant to issues confronting regulatory personnel.
7. Design and implement a "train the trainer" program for supervisory level staff which
addresses the need for an on-going strategy necessary for building an ethical organizational
culture with oversight controls and in-service ethics training throughout city departments.
8. Private and confidential one-on-one sessions to be conducted with all regulatory employees
by staff from the Commission on Ethics to discuss and address past and future ethical
concerns raised by their personal and professional experiences and providing each of them
with an opportunity to suggest changes and/or improvements in the workplace that could
help create a stronger ethical climate.
9. The Commission on Ethics will issue a final report summarizing all the training sessions and
include recommendations for follow-up training and implementation of long-term
management strategies to help prevent future corruption.
The cost estimate for the proposed training by the Commission on Ethics is $45,000. Given that
there are approximately 230 employees that would participate in all of the trainings described above,
the per-person cost for the six month period (12.5 hours per employee) would be approximately
$195.65 per employee, or $15.65 per hour of training.
As you may recall, at the May 9, 2012, City Commission meeting, Commissioner Tobin was tasked
with contacting Mr. Centorino directly to discuss this proposal further.
It continues to be the Administration's recommendation that the Mayor and Commission approve the
proposed enhanced ethics training program, as delineated above.
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 8 of 10
4. NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
WITH A QUALIFIED FIRM FOR SERVICES RELATED TO AUDITING THE PROCESSES
OF CERTAIN REGULATORY DEPARTMENTS OR DIVISIONS.
As you may recall, at the April 16, 2008 City Commission Meeting, the Commission authorized the
hiring of an outside auditor to perform an audit of the operations and processes of our Building
Department. At that meeting, the Commission appointed Commissioner Deede Weithorn to work
with the administration to develop the scope of work for this process, and to assist the administration
in identifying/selecting a firm and negotiating an agreement for services. After meetings with various
consultants, Watson Rice was subsequently selected to perform the organizational review and
operational analysis and their report provided specific recommendations to improve the operations
of our building development process. Similar audits for other City departments and divisions have
been discussed since then, including for the Capital Improvements Projects Office, Code
Compliance Division and Parking Enforcement.
At the May 9, 2012 City Commission Meeting, the Administration presented a memorandum which,
in part, would have waived the competitive bidding requirement, by 5/?ths vote, and authorized the
City Manager to negotiate and execute a Professional Services Agreement (PSA), in an amount not
to exceed $150,000, with a qualified firm, for services related to auditing the processes of certain
regulatory departments or divisions. The process recommended by the Administration mirrored that
of the process used to select and hire Watson Rice to conduct an organizational review and
operational analysis of the Building Department in 2008.
The functional areas to be covered under the proposed PSA included the Code Compliance
Division; Fire Inspection process; Parking Enforcement Division; Fire Prevention Division; Public
Works Department (permitting processes only); Planning Department (permitting process,
concurrency fees, impact fees and other related areas); and Special Master Process. While all of
these reviews are important, the Administration proposed to prioritize and complete the audits of the
Code Compliance Division, Fire Inspection process and Parking Enforcement Division first.
In order to expedite this process, an initial meeting was convened on April 23, 2012 to discuss the
potential scope of such an audit. The attendees included Commissioner Weithorn and Dr. Morris
Sunshine (both of whom offered their assistance); Hilda Fernandez, Assistant City Manager; Kathie
Brooks, Director of the Office of Budget and Performance Improvement; Patricia Walker, Chief
Financial Officer; Stephen Scott, Building Director; Kristin Tigner, Assistant Building Director; Robert
Santos-Aiborna, Code Compliance Division Director; and Hernan Cardeno, Division Commander
assigned to the Code Compliance Division.
Based on the input from the participants in this meeting, it was concluded that the minimum criteria
necessary for a firm to conduct these audits would include the following:
• experience with similar regulatory systems, including dispatch-based processes;
• that it be a Florida Firm (registered in the State of Florida), preferably with a South Florida
office; and
• that Staff assigned to the project from the successful firm must have at least one of the
following certifications:
o certified public accountant;
o certified fraud examiner;
o certified fraud specialists; or
o certified public auditor.
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 9 of 10
An expedited timeline was envisioned for the component of the review relating to the Code
Compliance Division, Fire inspections and Parking enforcement, with complete reviews of these
three areas within 120 days of contract execution, with separate final reports to follow on each
individual area of review within 30 days. The balance of the areas for review would follow a timeline
to be determined at the time of PSA execution. If a contract is successfully negotiated by the end of
June, field work on the first three audit areas could take place between July and October, with final
reports for those three areas due in November. A timeline for the completion of the external audit of
all other areas would be developed with the selected firm. Attachment 4 includes the DRAFT scope
of services proposed at the May 9, 2012 City Commission meeting.
At the May 9, 2012 City Commission meeting, the City Commission approved the waiver· of
competitive bidding, but referred the concept of the performance audit to the May 17, 2012 meeting
of the Finance and Citywide Projects Committee (Committee), where the Committee (and any other
members of the City Commission who wished to participate) would further refine the proposed
scope, have the Administration develop the appropriate purchasing mechanism(s), and bring the
item back to the City Commission at its June 6, 2012 meeting.
At the May 17, 2012 Committee meeting, the Administration was directed to send out a request for
"Expressions of Interest" from identified firms. The Committee meeting was recessed until Friday,
June 1, 2012, when the Committee would reconvene to review the responses from firms, and
determine which ones would be interviewed. The original deadline for responses was at 4:00 pm on
Tuesday, May 29, 2012. The deadline was extended to 4:00 pm on Thursday, May 31, 2012.
Attachments 5, 6, and 7 are the original request for Expression of Interest, and two deadline
extensions that were sent to the various firms. The request for Expression of Interest was sent to
the following firms:
• TCBA Watson Rice
• Marcum
• International Data Consultants
• Ernst and Young
• McGiadrey
•
•
•
•
•
Berman Hopkins Wright and Laham
Deloitte and Touche
Carr, Riggs and Ingram
Cherry, Bekaert and Holland
KPMG
The following firms submitted responses by the deadline of Thursday, May 31, 2012, at 4:00pm:
• TCBA Watson Rice • McGiadrey
• Marcum • Cherry, Bekaert and Holland
• Process Design and Development • Crowe Horwath
(PD2)
The Finance and Citywide Projects Committee met on Friday, June 1, 2012 to review the
responses and determine which firms they would shortlist to interview. The Committee decided to
interview Crowe Horwath and TCBA Watson Rice. I provided a recommendation to Commissioner
Weithorn that the Committee should select Crowe Horwath, to provide the City with a fresh
perspective. The Committee interviewed firms on Tuesday, June 5, 2012 and selected Crowe
Horwath, LLP as its top ranked firm.
Crowe Horwath, LLP (Crowe) is one of the largest public accounting and consulting firms in the
United States. Under its core purpose of "Building Value with Values®," Crowe assists public and
private company clients in reaching their goals through audit, tax, advisory, risk and performance
services. With offices coast to coast and 2,500 personnel, Crowe serves clients worldwide as an
independent member of Crowe Horwath International, one of the largest networks in the world. The
network consists of 150 independent accounting and management consulting firms with offices in
more than 580 cities around the world. Crowe's national Public Sector Services practice is
City Commission Memorandum
June 6, 2012
External Organizational Audit
Page 10 of 10
comprised of over 250 professional, providing assurance, financial advisor and consulting services
to over 450 federal, state and local governments and other public sector entity clients nationally.
Crowe's Florida clients include the State of Florida, Miami-Dade County, Broward County, Broward
Sherriff's Office, Port Everglades, and the cities of St. Petersburg, Tampa, and Palm Beach.
As I did on May 9, 2012, I recommend that the Mayor and City Commission proceed with the
outside performance audit as soon as the PSA with the successful firm is approved and finalized.
CONCLUSION
As you know, in the past I have initiated investigations of criminal misconduct whenever any
information has come to my attention -several years ago when I received information about our
Building Department, and most recently about our Procurement Director. I have sought out
assistance from the State Attorney's Office and the Miami Beach Police Department, and even
allocated investigative resources to ensure that criminal behavior is rooted out and removed from
our organization. As I have advised you, I spoke with U.S. Attorney for the Southern District of
Florida, Wifredo Ferrer, and assured him that the City will continue to provide its full support to his
office and the FBI as the investigation continues. I and others from the City have met with
representatives from the FBI on several occasions since April 11 to assist in their investigation and
provide any information they have requested.
The Administration once again recommends that the Mayor and City Commission approve the
attached resolutions which will assist the City is further identifying any internal weaknesses and
process improvement needs, in particular in our departments and divisions with regulatory roles,
and in rooting out inappropriate conduct at any level of this government. In summary, this includes:
1) Authorizing the City Manager and City Clerk to execute a Memorandum of
Understanding between the City and the Federal Bureau of Investigation, Miami
Area Corruption Task Force;
2) Authorizing the City Manager and City Attorney to finalize the negotiations of an
agreement with the Miami-Dade County Office of the Inspector General
(MCCOIG}, authorizing the MDCOIG to provide independent investigations into city
practices and operations in order to prevent and detect fraud, waste, financial
mismanagement, employee misconduct or other abuses;
3) Authorizing the City to enter into an agreement with the Miami-Dade County
Commission on Ethics and Public Trust, to develop and provide a comprehensive
ethics training program for city employees who hold positions that are in regulatory
areas of the city; and
4) Authorizing the Administration to negotiate a Professional Services Agreement, in an
amount not to exceed $150,000, with Crowe Horwath, LLP for services related to
performance auditing of the processes of certain regulatory departments or
divisions; and should the Administration not be able to successfully negotiate an
agreement with Crowe Horwath, LLP, authorizing the Administration to enter into
negotiations with TCBA Watson Rice, LLP; authorizing the Mayor and City Clerk to
execute an agreement with the successful proposer upon completion of negotiations by
the Administration.
These steps remain as important today as they were on May 9, 2012, and I urge your approval so
that the City may promptly implement these initiatives.
ATTACHMENTS
JMG/hmf/ri
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Conceptually Granting Two Perpetual Easements And A Temporary Construction
Easement (Or License Agreement) To Miami-Dade County, For The Construction and Installation Of A
Proposed 60-lnch Diameter Wastewater Force Main In South Pointe Park, Subject To Final
Negotiations And Approval Of The Aforestated Agreements By The City Attorney And The City
Manager; And Further Authorizing A Waiver Of All City Permit Fees Related To The Agreements, And
To The Right-Of-Way Permit To Be Issued By The City In Connection With The Portion Of The Right-
Of-Way To Be Closed On The West Side Of Washington Avenue, From Commence Street To South
Pointe Park, And Commerce Street, From Washington Avenue To Alton Road .
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
The Miami-Dade County Water and Sewer Department (WASD) is relocating a new 54-inch
wastewater force main under the Government Cut navigation channel. While assessing the condition
of the existing force main, WASD found several sections that were in danger of failing. At the March
21, 2012 City Commission meeting, WASD stated that it needed to make an emergency by-pass. The
City Commission then directed WASD to proceed in the "safest, fastest, and least impactful" way.
City staff reviewed the alternatives and recommended a route along the west side of the Apogee
Condominium. WASD conducted negotiations with representatives of the Apogee, which were
ultimately unsuccessful. As a result, WASD has determined that, in order to get the project done, the
proposed route would be through South Pointe Park, Washington Avenue, and Commerce Street. In
order to construct and install that portion of the project that will run through South Point Park, WASD
has requested that the City grant the County the following: three (3) agreements within South Pointe
Park: 1) Temporary Construction Easement (or License Agreement), 2) A permanent non-revocable
subsurface easement and 3) A permanent non-revocable utility easement.
Due to the complexity of the project, and concerns about impacts to South Pointe Park and the South
of Fifth Street neighborhood, the City Attorney's Office and the City Administration recommend that
the City Commission approve the grant of these agreements to the County, in concept, subject to
successful negotiations between the City and the County of the final agreements.
In the past, a fee of $10.53 per year was charged to private developers for the use of City property for
private construction purposes. For example, this fee is charged whenever a public right-of-way is
temporarily obstructed or used for a staging area. Currently, the fee charged for use of a City property
is based on a market value appraisal of the area to be occupied. In the instant case, based on a fee
of $10.53 per square foot, per year, the total fee for the use of the construction easement area by
WASD would total $351,764.65 per year. In addition, WASD will have rolling closures of the west
side of Washington Avenue, from Commerce Street to South Pointe Park, and Commerce Street, from
Washington Avenue to Alton Road. Per City Code, a public right-of-way permit will be issued, which
would require the payment of a permit fee of $10.53 per square foot, per year. In this case, however,
since the project is being built by a public entity for a public purpose, the Administration recommends
that the Mayor and City Commission waive the aforestated City permit fees.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
I N/A.
Financial Information·
Source of
Funds: 1
Amount Account Approved
OBPI Total ~~~~~------------~--------------------~------------; Financial Impact Summary:
City Clerk's Office Legislative Tracking:
FHB/RWS, Public Works 6565
Sign-Offs:
Department ~)ef7 1 Assistant City Manager
FHB~ I JGG
I
I
City ~nager
JMG~~----/
T:\AGENDA\2012\6-8"-f2\WASD South Pointe Park Easement-SUMMARY.docx UG
MIAMI BEACH AGENDA ITEM ----'RT---:1,-"-:-::c-
DATE b:b-f '2-
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 Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager\\.~
June 6, 2012 0
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN CONCEPT, THE GRANT, TO
MIAMI-DADE COUNTY, OF: 1) A TEMPORARY INGRESS-EGRESS AND
CONSTRUCTION STAGING EASEMENT (OR LICENSE AGREEMENT) AND 2)
TWO PERPETUAL NON-REVOCABLE EASEMENTS, FOR THE
CONSTRUCTION AND INSTALLATION OF A 60-INCH DIAMETER SANITARY
SEWER FORCE MAIN IN, OVER AND UNDER A PORTION OF SOUTH POINTE
PARK; PROVIDED, HOWEVER, THAT THE AFORESTATED CONCEPTUAL
APPROVAL BE SUBJECT TO AND CONTINGENT UPON CONTINUING
NEGOTIATION OF THE AGREEMENTS BETWEEN CITY AND COUNTY STAFF,
WHICH AGREEMENTS, IF SUCCESSFULLY NEGOTIATED AND FINALIZED,
SHALL BE SUBJECT TO FINAL APPROVAL BY THE CITY MANAGER AND
CITY ATTORNEY; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE FINAL AGREEMENTS, IF AND WHEN FINALIZED;
FURTHER ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
AND AUTHORIZING A WAIVER OF THE CITY PERMIT FEES IN CONNECTION
WITH THE ACTIVITIES CONTEMPLATED IN SOUTH POINTE PARK UNDER
THE AFORESTATED AGREEMENTS, AS WELL AS IN CONNECTION WITH
THE RIGHT-OF-WAY PERMIT TO BE ISSUED BY THE CITY FOR THE
PORTION OF THE PROJECT THAT WILL ENTAIL A CLOSURE OF THE RIGHT-
OF-WAY ON THE WEST SIDE OF WASHINGTON AVENUE, FROM
COMMERCE STREET TO SOUTH POINTE PARK, AND COMMERCE STREET,
FROM WASHINGTON AVENUE TO ALTON ROAD.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
No funding is required.
BACKGROUND
The Port Of Miami will be dredging Government Cut to allow the new super Post-Panamax
vessels access to the seaport. In advance of the dredging, the Miami-Dade County Water
and Sewer Department (WASD) is installing a new wastewater force main under the
Government Cut navigation channel that will replace the existing force main that is too
shallow for the proposed depth of Government Cut
WASD South Pointe Park Easements
June 6, 2012
Page2 of5
The new force main was proposed to reconnect to the existing force main at Fisher Island,
and at a shaft in the water southeast of the Miami Beach Marina. The construction
methodology called for the contractor to expose and support the 54-inch main and to install
a by-pass through a "hot" tap, connecting the by-pass to the 54-inch force main while
sewage is flowing through it.
However, while assessing the condition of the existing force main, WASD found several
sections upstream of the proposed "hot" tap location that were in danger of failing. At the
March 21, 2012 City Commission meeting, WASD made a presentation in which it stated
that it needed to make an emergency by-pass around these sections of its force main. The
City Commission then directed WASD to proceed in the "safest, fastest, and least impactful"
way.
To accomplish this, WASD indicated that it would need to construct a new shaft on Miami
Beach, similar to the one on Fisher Island. It provided several alternatives to the City
(Attachment A). City staff reviewed the alternatives and recommended a route along the
west side of the Apogee Condominium that it believed to be the safest, fastest, and least
impactful route (Attachment B).
WASD conducted negotiations with representatives of the Apogee which were ultimately
unsuccessful. As a result, on April 26, 2012, WASD decided to move forward with the
project by using a route which would entail going through South Pointe Park, Washington
Avenue, and Commerce Street (Attachment C).
The City Administration has been meeting with WASD to ensure that it develops a schedule
and construction methodology that provides the "safest, fastest, and least impactful" project.
The requested approvals before the City Commission today pertain to three (3) proposed
agreements that the County is requesting in connection with Phase 2 of the project, which
specifically impacts South Pointe Park, and which proposes the construction of a 1 00 feet
deep shaft that will be connected to the already built in-water shaft.
ANALYSIS
As part of Phase 2 of the proposed project, the County is requesting that the City enter into
and/or grant the following three (3) agreements, which will impact South Pointe Park:
1. Temporary Construction Easement (and or license agreement) for ingress and
egress and construction staging for Phase 2 of the project -in addition to ingress
and egress from Washington Avenue, through the Park to the Phase 2 construction
staging area, the 33,405 square foot staging area is necessary for the installation
and construction of the sanitary sewer main (Attachment D);
2. Permanent Sub-surface Easement-a 8,407 square foot area for a casing pipe and
wastewater force main between -20 feet and -80 feet NGVD (Attachment E); and
3. Permanent Utility Easement-a 14,678 square foot area for the maintenance of the
wastewater force main (Attachment F).
The County has submitted drafts of the above agreements to the City for its review;
however, at this time, the City Attorney's Office recommends that the City Commission NOT
approve the submitted documents, but rather continue to negotiate final documents, which
will include additional terms and conditions that better serve and protect the interests of the
City. Due to the complexity of the proposed project; its impact on South Pointe Park; and
the potential disruption to users of the Park and to the South of Fifth Street neighborhood in
general, there are still numerous issues that need to be addressed with the County (and
WASD South Pointe Park Easements
June 6, 2012
Page3 of5
which have not been included in the draft agreements submitted by the County) before final
agreements can be executed.
The following are some of the concerns which need to be discussed further and, when
agreed to by the parties, memorialized as part of the final agreements:
1. The impact to the Park and to the South of Fifth neighborhood must be fully studied.
At this time, the City Code limits construction working hours in residential
neighborhoods from 8AM-6PM on weekdays, and 1 OAM-4PM on Saturdays;
provided, however, that the City has the discretion to extend such hours upon written
request to, and approval by, the City Manager. The proposed construction schedule
submitted to the County by the Phase 2 general contractor, Ric-Man Construction
Inc. (which schedule has NOT been approved by the County), contemplates a 54
week construction schedule for Phase 2, but is understood to be based on an
assumption of extended hours for construction (i.e. 6:30AM to 6:30PM, Monday-
Saturdays, for the 7 % month period which entails the construction of the shaft, and
then 24/7 for the 4 % period which entails the construction of the micro tunnel ).
Again, the proposed schedule has NOT been approved by the parties. From the
City's end, the Administration will be seeking input from the surrounding
neighborhood as to whether it is more desirable to have a shorter overall
construction schedule, which would necessarily entail extended hours of
construction, or whether shorter hours of construction are desirable, which will
extend the overall construction schedule.
2. Again, in order to minimize the impact to the users of the Park and to the
surrounding neighborhood, a Construction Mitigation Program needs to be
developed by the County, in conjunction with City staff, and subject to the City's final
review and approval. The Program is intended to be a detailed written plan which
will be incorporated as part of the temporary easement (license agreement), and
which will address issues during construction including, but not limited to: a traffic
plan for ingress-egress to the site; securing of the perimeter of the site, as well as
additional security (if deemed necessary); hours of operation; whether a City on-site
representative is required for all or a portion of the construction period; City
participation in weekly on site meetings with the contractor; City receipt of written
status reports to track the progress of construction and address issues resulting
from construction activities that affect the City; mitigation plans for noise, lighting,
and debris and dust removal; and protection of City structures facilities, and
improvements (i.e., including, without limitation, the Rehburger art work, the pump
room for the fountain, the Washington Avenue plaza pavers, landscaping and turf
and grass, etc.).
3. The indemnification, insurance and bonding issues need to be clarified; particularly
given the fact that, as a governmental agency, the County's liability is limited by State
statute. The City has to assure that it is FULLY PROTECTED against potential
claims for property damage and/or personal injury as a result of the construction
activities and the County's use of City property. In order to ensure this, an additional
indemnification will need to be requested from the County's contractor. The City
should also, in conjunction with obtaining the standard indemnification, obtain an
environmental indemnification.
4. Post construction restoration, including repair of any damage to City property during
the construction period, needs to be clarified to ensure that the City is made "whole"
at the end of construction. This should include, without limitation, repair and/or
replacement of any underground utilities-whether known or unknown-which are
impacted as a result of the County's activities.
WASD South Pointe Park Easements
June 6, 2012
Page4 of5
5. The County needs to acknowledge that the City may not be able to provide as-built
drawings of underground existing site utilities within the Park; therefore all staging
and/or work being done within this area should be at the County's (and/or its General
Contractor's) risk; such that the County needs to assume liability for any damage(s)
caused as a result of unforeseen site conditions (i.e. the underground utilities).
While the City Administration acknowledges that the County is anxious to commence
construction activities with regard to Phase 2-the phase involving South Pointe Park, and
which requires the City to grant approval of the three requested agreements (the temporary
easement or license during construction, and the two permanent easements for the actual
force main, once constructed and installed)-it recommends that the action taken by the City
Commission today be to grant CONCEPTUAL APPROVAL of the proposed agreements,
SUBJECT TO SUCCESSFUL NEGOTIATION BETWEEN THE CITY AND THE COUNTY
OF FINAL AGREEMENTS. It is, for the time being, an equitable compromise: it allows the
County to keep the project moving forward, in order to meet its deadline for completing
construction of the force main prior to the dredging of Government Cut, while also reserving
the City's rights as to final approval and execution of the agreements, subject to further
negotiation and discussion of the additional terms and conditions that need to be
incorporated into the County's drafts, in order to protect the City. It also allows the City to
receive feedback from the South of Fifth Street neighborhood, as well as incorporate any
additional recommendations and/or terms and conditions that emerge as a result of the City
Commission's discussion of this agenda item.
When a private developer occupies a City right-of-way for private construction
activities/purposes, a per square foot fee is charged for the period of time that the property is
being utilized. In the past, $10.53 per square foot per year has been charged whenever a
public right-of-way is temporarily obstructed or used for a staging area in conjunction with a
private construction project and/or development. The fee charged is based on a market
value appraisal of the area to be occupied. If we were to use the $10.53 per square foot
here, the total fee for the use of the construction easement area by WASD would total
$351,764.65.
In addition, since WASD will have rolling closures of the west side of Washington Avenue,
from Commerce Street to South Pointe Park, and Commerce Street, from Washington
Avenue to Alton Road, per City Code, a public right-of-way permit will be issued that requires
the payment of a permit fee of $10.53 per square foot, per year.
As the project is being built by a public entity for a public purpose, the City Administration
recommends that the City Commission waive all City permit fees for the Phase 2 portion of
the project (within South Pointe Park), as well as the portion of the project (Phases 3 and 4)
which will entail closures of the public right-of-way along the west side of Washington
Avenue, from Commerce Street to South Pointe Park, and Commerce Street, from
Washington Avenue to Alton Road.
CONCLUSION
The Administration recommends that the Mayor and the City Commission approve, in
concept, the grant to Miami-Dade County, of: 1) a temporary ingress-egress and
construction staging easement (or license agreement) and 2) two perpetual non-revocable
easements, for the construction and installation of a 60-inch diameter sanitary sewer force
main in, over and under a portion of South Pointe Park; provided, however, that the
aforestated conceptual approval be subject to and contingent upon continuing negotiation of
the agreements between City and County staff, which agreements, if successfully negotiated
WASD South Pointe Park Easements
June 6, 2012
Page5 of5
and finalized, shall be subject to final approval by the City Manager and City Attorney; further
authorizing the Mayor and City Clerk to execute the final agreements, if and when finalized;
further accepting the recommendation of the City Manager a/nd authorizing a waiver of the
City permit fees in connection with the activities contemplated in south Pointe Park under the
aforestated agreements, as well as in connection with the right-of-way permit to be issued by
the City for the portion of the project that will entail a closure of the right-of-way on the west
side of Washington Avenue, from commerce street to South Pointe Park, and Commerce
Street, from Washington Avenue to Alton Road.
Attachments:
A. WASD Emergency By-pass Alternatives
B. City Proposed Emergency By-pass Alternative
C. Project Alignment and Construction Phasing
D. Sketch and Legal Description of Proposed Sub-surface Easement
E. Sketch and Legal Description of Proposed Utility Easement
F. Sketch and Legal Description of Proposed Construction Easement
JMG/JGG/FHB/JJF/RWS
T:\AGENDA\2012\6-6-12\WASD South Pointe Park Easement-MEMO.doc
Attachment A
Attachment B
Sketch of Proposed Force Main location w+E
s
Attachment c
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VICINITY MAP
NOT TO SCALE
Attachment D
A PORTION OF THE NORTHWEST 1/4 OF
SECTION 1 0, TOWNSHIP 54 SOUTH, RANGE 42 EAST
MIAMI-DADE COUNTY, FLORIDA
A e -, 1350 S.W. 5711-1 AVEN..E v 1 no ~~~~.FLORIDA 33144
ALTERNATE 3 -C.M.B.
TEL< 305> 265-5030-FAX. <305> 265-5033
I. THIS IS NOT A FlaD SlRveY.
DRA\\11 BY: a.~s. SHEET
OiECt<Eil BY: J.R.A.
DATE: 05/07/2012 1 & I ~~OfJ1 1TV~ CERTIFICATE OF ALJn.IORIZATIONo EB u 5098 JlddUb Jl .fld CERTIFICATE OF ALJn.IORIZATIQNo LB u 5098
-·....-·~ E-MAIL• .J2AVINOoAVINOAIIDASSOCIATE5.COM
TEMPORARY CONSTRUCTION EASEMENT
VICINITY MAP JORGE R. AW<O, PE, PSMf 4996 JOB No.: 10116.00 Of' 3 SHEETS
z ow (f)::>
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SOUTH POINTE DRIVE
(BISCAYNE AVENUE PER PLAT}
I
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--------~-- - -;0;;:;;;;-T -;-;:Y-LINE t
t 1 OF SOU"!H POINTE DRIVE i::!.
--~+-
i::!. N8T38'57"E (BASIS OF' BEARINGS) --------------------~:;;::-;----------.. ,
SEC110N 10-54-42 I I I .::~posr:::E cor·~Dor.m·m.H·-:1 / I I i·~·;::, D ?6;-:t":t. P:~ ?"%.94! II I I
; ,....., .... ;;,. -:'-J'-.1, • .., •••• '-1 • I I ~ {::" I WESTERLYLINEOFA~I /IS~ 1·"5/
100.00 FOOT RIGHT OF WAY I I ~ Ci !Sf a.
PER o.R.B. 12566, PG.2910 I x a.. 1 <e cr f
----RIW
I ~& E LLJ I ----...... FOR WASHINGTON AVENUE I I 5;; I <: ~
- - - --1---1 -• (!) .::::> 1 I I T ---L------------------I Is~ ~lm 1.0 I I I .-----t---j;:a.. (/)~I j!"\~5 LOT4
I I 0 O I ~ ~ \; -vI
BLOCK 8 I LOT 2 I I f5 :< ~ ~ I _j I I I
"souTu Bo::-r.c1-1 Di•RK"
1
1 1 ~lf1 ;;;:: 1 1 BLOCK 71 I :: :-Mo •• : -0 ~ I E . . II LOT 3
(PB. G PG. 77) ~--=: ~ -f--~ ~ g I I "so~.;a: ~E;G~P7~}RK I
LO i I I I • ~, I I I
_j __ --....... I 1 "'------~\ / -;r---APOGEE CONDOMINIUM I' I 1 "' --L--_l_-_j
/ \ ;.-·. w D ?6l":t.":t. ::>r.: ?394"i I I ........
/ \ \'...'·'"'·£). -· :vvo : V·-· ' I /-,_ ........ / ./ '\ I I~ i5 f"':::.. LOT 6-BL0£i4-I -
./ ' 1 / :g "-g 1 '"" ......_ •souTH B:=f.;CH PARK" 1
./ , ', 1-I 1 -,_o 2 -...... (PB. 6 PG. 77) I
L•106.71 ,-I u !AI I -.....; I
R•100.00' ,, 'SO's I &~ /41 ~6;;, ................ LOT 5 I
\
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........ ....... ....... ....... ........ ........ ........ ........ ........ --I. TI-llS IS NOT A FlaD Sl.RVEY. -•
2. BEAI<!INGS SI-IOWN I-B1EON AI<E 6ASEO ON AN ASSUMED M621DIAN ALONG n.e SOLJTI.l
RIGI-IT OF WAY Lir-E OF SOLJTI.l POINT DRIVE. N 87'38"57" E.
I
b~ I ~~I
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TEMPORARY
CONSTRUCTION
EASEMENT
o· ao· 160'
GRAPHIC SCALE
SCALE : 1"=80'
LEGEND
PB.
PG.
O.R.B.
C.M.B.
Plat Book
Page
Official Records Book
City of Miami Beach
v 1 no = ~~. FL~IDA 33144 AL rERNA rE a -c.tv1.s. ::;::.·::.... SHEET A e -, 1350 S.W. 5ml AVF!N.J!f.
& A~~~tUTI~ ~~:~!"~~~~ ~0~a TEMPORARY CONSTRUCTION EASEMENT DAre os;o1~2 2
-·IUtHSIS•II.IM!Ya. =~~~~~~=~~~~at SKETCH TO ACCOWANY LEGAL DESCRIPTION SEAL SCALe AS_$iOV*l JORGE R. AlnNO, PE, PS.tf 41196 JOe No.: 10116.00 OF 3 SHEETS
LEGAL DESCRIPTION :
A Parcel of land located In Section 10, Township 54 South, Range 42
East, City of Miami Beach, Miami-Dade County, Florida, and being more
particularly described as follows:
Commence at the Southeast corner of Lot 1, Block 8, "SOUTH BEACH
PARK" as recorded in Plat Book 6 at Page 77 of the Public Records
of Miami-Dade County, Florida; thence run South 10"47'36" West for a
distance of 155.76 feet to the POINT OF BEGINNING of the hereinafter
described parcel of land; thence continue South 10"47'36" West for a
distance of 224.57 feet to a point; thence run North 65"35'19" West
for a distance of 95.80 feet to a point; thence run North 33"29'26"
West for a distance of 259.94 feet to a non-tangent point on a
circular curve concave to the Southwest and whose radius point bears
South 34"57'44" East from this point; thence run Easterly along a
100.00 foot radius curve through a central angle of 61"08'20" for an
arc distance of 106.71 feet to a point of reverse curvature of a
circular curve concave to the Northeast; thence run Southeasterly along
said circular curve a 214.07 foot radius through a central angle of
33"14'25" for an arc distance 124.19 feet to a non-tangent point
whose radius point bears North 07"03'49" West from this point; thence
run South 10"47'36" West for a distance of 128.71 feet to a point;
thence run South 55"51'44" West for a distance of 15.98 feet to a
point; thence run North 84"12'20" West for a distance of 36.26 feet to
a point; thence run South 05"57'40" West for a distance of 40.00 feet
to a point; thence run South 84"12'20" East for a distance of 50.79
feet to a point; thence run North 55"51'44" East for a distance of
47.11 feet to a point; thence run North 10"47'36" East for a distance
of 119.97 feet to a point; thence run North 60"15'06" East for a
distance of 18.42 feet to the POINT OF BEGINNING, containing an area
of 33,045 square feet or 0. 76 acres, more or less.
A e -, 1350S.W.5mlAVEN..e
SIJITE207 v 1 n o WEST MIAMI. R.ORIDA 33144
Ta< 305> 265-5030 -FAX. <305l 265-5033 & a ~~nr1 &1TV~ CERTIFICATE OF AIJTI.lORIZATJoo EB u 5098 ~~~Ub Jl M CERTIFICATE OF AlJ11.10l<IZATIOO LB u 5098
-•I'UII'N!IIS •IUM!'Ialll E-MAIL• ..RAVINOoAVINOMOASSOCIATE5.COM
ALTERNATE 3 -C.M.B.
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
I. TI-llS IS NOT A FlaD SlRVEY.
DRAWN BY: B.J.S. SHEET
OiECKEO BY: J.R.A.
DAlE: 05/07/2012 3
SEAL SCAlE: AS..SHOWN
JORGE R. A'olNO, PE, PSM# 4896 .JOB No.: 10118.00 Of 3 SHEETS
Attachment E
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VICINITY MAP
NOT TO SCALE
A PORTION OF THE NORTHWEST 1 /4 OF SECTION 1 0, TOWNSHIP 54 SOUTH,
RANGE 42 EAST MIAMI-DADE COUNTY, FLORIDA
SURVEYOR'S NOTES:
1-This nSKETCH & LEGAL DESCRIPTIOW to create a permanent subsurface easement is based on
recorded documents.
2-This Certification is only for the lands as described, it is not as certification of Title, Zoning,
Easement, or Freedom of Encumbrances, ABSTRACT NOT REVIEWED.
3-There may be additional Restrictions not shown on this survey that may be found in the Public
Records of this County. Examination of ABSTRACT OF TITLE will have to be made to determine
recorded instruments, if any affecting this property.
4-Ownership subject to OPINION OF TITLE.
5-Unless otherwise noted, this Firm did not attempt to locate Footings and/or Foundations (Underground}
6-This nSKETCH & LEGAL DESCRIPTIOW has been prepared for the exclusive use of the entities
named hereon.
7-Precision of Closure 1:10,000 Urban Class Survey.
8-Tfie Bearings and Distances stated herein are based on the Mercator Grid System of the Florida East
Coast Zone, as adjusted in North American Datum 83/90.
.!ll!:miS!
I. Tl-!15 IS NOT A FlaD SLRVeY.
A e -, 1350 S.W. 51TJ.l AVEN..E v 1 no =~~~.FLORIDA 33144
'fa( 305l 265-5030-FAX. <305> 265-5033 & I ~~DPJI 1TV~ CERTIFICATE OF AlJl'l.KlRIZATIOO EB u 5098 JlddUb Jl Ld CERTIFICATE OF AlJl'l.KlRIZATIOO LB u 5098
ININ!I!RII•...-•ILIM!YOIIS E-MAIL• .RAVINOoAVINOAf\DASSOCIATES.COM
ALTERNATE 3 -C.M.B.
PERMANENT SUBSURFACE EASEMENT
VICINITY MAP
DRA'ill'l BY• B.J.S. SHEET
t----1
CHECt<ED BY• J.R.A.
DAle 04/17/2012 1
JORGE R. A\lNO, P£. PSM# 4996 JOB No.• 10116.00 OF 3 SH£ETS
z ow
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-----------I
---------~~:;iH LINE OF I
SECTION 10-54-42 I
I
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"33 .., ..... ?394\ I I I
!O.R.B.
26
! ~s~:~~· LINE~ A~~ / t; f21. §" /
100 00 FOOT RIGHT OF WAY I I .., ft !S! 0..
PER O.R.B. 12566, PG.2910 I ~ <o I <( fE I
----R/W
0' 80' 160'
GRAPHIC SCALE
SCALE : 1''=80'
FOR WASHINGTON AVENUE I liil a; I~ 0.. I
1 & ~w -r--T - - - - - - --1---/ ;:·i.: £? ji I ~--
----I 0 ~ -LJ.J I I I ---.1.------------r-----~---t;Q. 'IE~ 1 ~ I Lors LoT4
I 1 15 ~~~~1 31 I I
LOT:;
BLOCK 8
"SOUTH BEACH PARK"
(PB. 6 PG. 77}
I LOT 2 I ;z :tJ s I BLOCK 7 I I
I -_L-_j §iE I ~I "SOUTH BEACH PARK" I ~--=. I I IJI.g I I (PB. 6 PG. 77} I
LO i I I 3::1 I I
______ _j __ --..... I IQO.o· ~ L ~ _j
------------,-7----'/-..... R/w ---- --
\;/ I /\ .... t / ' I I .... / ' ~~POGEE I I .... -
/ / \ C0r·m0r¥1lr·.ii\JM I j ,_ 'r-::::_ LOT 6-BL0Ei4-:'
/ ' {O.R.B. 26133. I 1 ~:.. i5 1 ""'-...·souTH a~cH PARK I
/ / ',, P. ;-:";_'_?.394 '.! I I !D ~ ~ I .... (PB. 6 PG. 77} I
, , -1 1 .o""' "-' I ~ or 5 ' I I ..,-0 I .... ~ . I '',~ ~ I I • t? ,_ j5 ..._ ..._ ~~ I ~~ :g ~~ I '--l. LE GEND .... , I I 0) .ce 0:.(:$ I
.... , I I f'l
PB.
PG.
O.R.B.
C.M.B.
Plat Book
Page
.... ,,, I I I
--..J
Official Records Book
City of Miami Beach
-----------I I I
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/;of" i~$~~~~J: /!.~1~-~I·W_\~-~~ ~:J I; SU·~V .... ···· · ., . · • SK' • ,.. S ;••,·· 1 ~{·~·2~o·~E~~2~25~·-~~,~~~~~f~'iv~·!\.~·~~t:.~·::r-o~;:, j
:.-~. ~ >-N 84"12·20• w i8 /,\._.!-. ~. ( 194.5J' _50(0.-79-.---/~~, .... o., ~ "-. POINT OF ~-~-,..,~~ '-. P .. :""' BEGINNING N84"J2'20'"W ~~ .... {" "' '-.... "~•T!"'•· ~ ..ot<' .s, .... ~.~ "'"' ·:t~. "("n_~ "Q. '-. ~ V,l:f?;;::<.. if ,: '"·~ 1:;!. ~'>'" .._ '-'l.J.~:-.,, .,v ' "~S "' .r.· '..J..' ~ ........ 'Tv.:-.., : ,... Q.:: .v;, ·~ ~~~ ' ·::: }·· r."7u~4 v-•.. r;oi{'~·
,, ~~"f.> ' ..._ • ~18;: sir}:.: hv c, 'J-~<q. ..._ ... f? :;:.~· '--!!!:s
... \ -~ ~ "'-.... t..:o!D '· .. li:J'"' ~Q. ..._--·as;"'·· .......... :' .. /
I. TI-llS IS NOT A FIELD SIRVEY. -.
2. BEARINGS Sl-lOWN J.S1EON ARE BASED ON AN ASSUMED 111611DIAN ALONG TI-E SOIJ1l.l
RIGJ..IT OF WAY LIJIE OF SOUTJ..I POINT DRIVE. N 87'38"5T E.
I EXISllNG ELEVATION
GROUND VARIES
ELEV.•(-)20.00'
r-.-~.....,....,....,.....,.....,,.....,....,....,.j_l NGW 1929
ELEVATION
1-'-'......_......_........_........,~_l VARIES
40.00'
SUBSURFACE EASEMENT
TYPICAL SECTION
NOT TO SCALE
SHEET A e _, , 1350 S.W. 571l-l A va-Le ALTERNATE 3 -C.M.B.
DRA'IIN BY: B.J.S. v 1 no =~~.FLORIDA 33144
TB..< 305> 265-5030 -FAX. <305> 265-5033 & !~~ltUTI~ CERTIFICATE a= ~IZATIOO EB u 5098 -·PUiftSII·aJMYOIS ~~~~~~:=~~~~SKETCH TO ACCOMPANY LEGAL DESCRfTION ::u\lNO.~-~-=~,:;,::
PERMANENT SUBSURFACE EASEMENT
CHECKED BY: J.R.A.
DAlE: 04/17/2012 2
OF 3 SHEETS
LEGAL DESCRIPTION :
A permanent subsurface Water Main easement to construct, repair,
maintain and operate water main facilities together with all uses
appurtenant thereto, beneath that portion of the lands within the City
of Miami Beach in Section 10, Township 54 South, Range 42 East of the
Public Records of Miami-Dade County, Florida, said easement lying below
elevation (-)20.00 feet NGVD 1929 being horizontally described as
follows:
Commence at the Southeast corner of Lot 1, Block 8, "SOUTH BEACH
PARK" as recorded in Plat Book 6 at Page 77 of the Public Records of
Miami-Dade County, Florida; thence run North 6535'08" West along the
South Line of said Lot 1, Block 8, "SOUTH BEACH PARK': for 14.41 feet
to a point; thence run South 10'47'36" West for a distance of 291.09
feet to a point; thence run South 55'51'44" West for a distance of
47.11 feet to a point; thence run North 84'12'20" West for a distance
of 50.79 feet to the POINT OF BEGINNING of a 40 feet wide M-DWASD
Permanent Subsurface Easement; thence continue North 84'12'20" West
for a distance of 194.53 feet to a point on the Southwesterly Line of
Parcel II as shown in Fortin, Leavy, Skyles, Inc. survey number
2001D-061-1, that is also the Mean High Water Line of the Easterly
Shoreline of Biscayne Bay; thence run along said Mean High Water Line
North 32'13'24" West for a distance of 50. 77 feet to a point; thence
run South 84'12'20" East for a distance of 225.81 feet to a point;
thence run
South 05'47'40" West for a distance of 40.00 feet to the POINT OF
BEGINNING of said 40 feet wide M-DWASD Permanent Subsurface
Easement, containing an area of 8,407 square feet or 0.19 acres, more
or less.
A e ,. , 1350 S.W. 5ml AIJSILE v 1 no =~~~.FLORIDA 33144
TB...C 305l 265-5030 -FAX. C305l 265-5033
& a ~~nri''T'~ CEI<TIFICATE OF ALJTI.KlRIZATIQNo EB ~~ 5098 llddUL 1l M CEI<TIFICATE OF ALJTI.KlRIZATIQNo LB u 5098
-·PU>NIIS•8LIMYCIIS E-MAIL= .RAVINOtAVINOAt-DASSOCIATE5.COM
ALTERNATE 3 -C.M.B.
PERMANENT SUBSURFACE EASEMENT
LEGAL DESCRIPTION
I. THIS IS NOT A FIELD SlRVCY.
DRA'tllol BY: B.J.s. SHEET
CHECICED BY: .J.R.A.
DAlE: 04/17/2012 3
SEAL SCALE: A!W!ItO'M<
JORGE R. AlolNO, P£, P91.# 4996 JOe No.: 10116.00 OF 3 SHEETS
(f)
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l.L.
EXHIBIT "A"
VICINITY MAP
NOT TO SCALE
AttachmS!nt F
A PORTION OF THE NORTHWEST 1 /4 OF
SECTION 1 0, TOWNSHIP 54 SOUTH, RANGE 42 EAST
MIAMI-DADE COUNTY, FLORIDA
A • -, 1350 S.W. 57Tl-l AVEN..E v 1 no ~~~~.FLORIDA 33144
TB..< 305> 265-5030 -FAX. <305> 265-5033
I. "ll·!IS IS NOT A FlaD Sl.RVE:Y.
DRA'M'I BY: B.J.S. SHEET
OiECI<ED BY: ~.R.A.
DATE< 05/07/2012 1 & 1 ~~nr11T11~ CE!2TIFICATE OF AIJT!.lORIZATIOI'Y EB u 5098 .ll dd UL .llli'Jd CE!2TIFICA TE OF AIJT!.lORIZA TIOI'Y LB u 5098
-·I'UIH!IIIII•aRIII!YORS E-MAIL• J<AVINOeAVINOAN:>ASSOCIATE5.COM
ALTERNATE 3 -C.M.B.
PERMANENT EASEMENT
VICINITY MAP .JOR<lE R. AWIO, PE, PSIIf 4896 ~ No.• 10116.00 OF 3 SHEElS
z
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LOT 3
WEST MIAMI, R.OI<IDA 33144
----R/W
o· 80' 160'
GRAPHIC SCALE
SCALE : 1"=80'
LEGEND
PB.
PG.
O.R.B.
C.M.B.
Plat Book
Page
Official Records Book
City of Miami Beach
DRAI'M BY: B.J.S. SHEET 1----1
OiECKED BY: J.R.A.
2 A e , , 1350 S.W. 5711-l AVEN.E
VI no SUITE207 ALTERNATE 3 -C.M.B.
Ta< 305l 265-5030 -FAX. <305> 265-5033 PERMANENT EASEMENT DAlE: 0510712012 & A~~ltUT!~ g::~:g~~ g:; =:~i:~ ~: ~~ SKETCH TO ACCOMPANY LEGAL DESCRfTION SEAL scm; AS.Si--·.....,.._·IIIIM!I'CR8 E-MAIL· .RAVINOoAVINOAJIDASSOCIATEs.COM JORGE R. A\1NO, PE, P9olf M196 JOB No.: 10118.00 Of 3 SHEElS
LEGAL DESCRIPTION :
A Parcel of land located In Section 10, Township 54 South, Range 42
East, City of Miami Beach, Miami-Dade County, Florida, and being more
particularly described as follows:
Begin at the Southeast corner of Lot 1, Block 8, "SOUTH BEACH PARK"
as recorded in Plat Book 6 at Page 77 of the Public Records of
Miami-Dade County, Florida; thence run South 10"47'36" West for a
distance of 155.76 feet to a point; thence run South 60"15'06" West for
a distance of 18.42 feet to a point; thence run South 10"47'36" West
for a distance of 119.97 feet to a point; thence run South 55"51'44"
West for a distance of 47.11 feet to a point; thence run North
84'12'20" West for a distance of 50.79 feet to a point; thence run
North 05"47'40" East for a distance of 40.00 feet to a point; thence
run South 84"12'20" East for a distance of 36.26 feet to a point;
thence run North 55"51'44" East for a distance of 15.98 feet to a point;
thence run North 10"47'36" East for a distance of 128.71 feet to a
non-tangent point on a circular curve concave to the Northeast and
whose radius point bears North 07"03'49" West; thence Easterly along a
214.07 foot radius curve through a central angle of 3"59'04" for an arc
distance of 14.89 feet to a point on the Southwesterly extension of the
Westerly line of a 100.00 foot Right-of-Way per Official Book 12566
page 2910 for Washington Avenue; thence North 10"47'36" East along
said Southwesterly extension for 147.03 feet to a point on said South
Line of Lot 1, Block 8, "SOUTH BEACH PARK':· thence run South
65"35'08" East along said South Line of Lot 1, Block 8, "SOUTH BEACH
PARK': for 41.16 feet to the POINT OF BEGINNING, containing an area of
14,678 square feet or 0.34 acres, more or less.
A e -, 1350 S.W. 571J.l AVEN.E v 1 no ~ ~~~. R.ORIDA 33144
Ta< 305l 265-5030 -FAX. <305l 265-5033 & a uunr1 &1TPu CEI2TIFICATE OF AUTHORIZATION> EB u 5098 .IJ.~dUL Jl .fJd CEI2TIFICATE OF AUTHORIZATION> LB u 5098
1!NCN!15111, P1.A>NS1S •I!UM!YaiS E-MAIL: -RAVINOoAVINOAN:>ASSOCIATE5.COM
ALTERNATE 3 -C.M.B.
PERMANENT EASEMENT
LEGAL DESCRIPTION
I. THIS IS NOT A FieLD SI.RVEY.
ORA\IN BY: B.J.S. SHEET
CHECKED BY: J.R.A.
DAlE: 05/07/2012 3
JORGE R. AWIO, PE, PSIA# 49116 JOB No.: 10116.00 OF 3 SHEElS