20121212 SM1MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December12,2012
Mayor Matti Herrera Bower
Vice-Mayor Michael G6ngora
Commissioner Jorge R Exposito
Commissioner Jerry Libbin
Commissioner Edward L Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
Interim City Manager Kathie G. Brooks
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
C7 • Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or Her Designee To Support A
Grant Application From The Miami Beach Chamber Of Commerce's Education Foundation
(Miami Beach Education Foundation), With The Miami Beach Education Foundation Serving As
The Applicant And The City Of Miami Beach As A Partner, To The Health Foundation Of South
Florida For Funding In The Approximate Amount Of $200,000, For A Full Time Registered
Nurse (Or Equivalent Services) To Provide Services At Treasure Island Elementary, North
Beach Elementary And Ruth K. Broad Bay Harbor K~8 Center.
(Budget & Performance Improvement)
(Resolution)
1
Supplemental Material 1, December 12, 2012
C7 -Resolutions (Continued)
C?D A Resolution Approving The Recommendation Of The Neighborhood And Community Affairs
Committee To Enhance The Capital Project Entitled Normandy Shores Golf Course Aluminum Picket
Security Fence.
(City Manager's Office)
(Resolution)
C7F A Resolution Authorizing The Donation Of FY 2010/11 And FY 2011/12 Surplus Computer Equipment
In "As Is" Condition To The Miami-Dade Broadband Coalition.
(Information Technology)
(Resolution)
C7G A Resolution Amending The Authorization Granted By The City Manager, Pursuant To Resolution No.
2008-26738, To The Miami Beach Senior High School Parent Teacher Association (MBSH-PTA), A
Not-For-Profit Entity, To Utilize The Public Swale Area Located At Dade Boulevard, Adjacent To The
School, To Provide Additional Parking From February 15-18,2013, For The Miami International Boat
Show, Through A Fundraislng Event; Such Amendment Providing An Increase In The Parking Fee
Charged By The MBSH-PTA From $20.00, To $30.00 Per Vehicle.
(Parking Department)
(Resolution)
C7H A Resolution Approving, Pursuant To Section 2-367 (d) Of The Miami Beach City Code, The Sole
Source Purchase Of Taser X-2 Electronic Control Devices (ECD), And All Department-Issued
Accessories (Extended Warranties, Battery Packs, Holsters, Cartridges, Etc.) From DGG Taser, Inc.,
The Sole Source Distributor In The State Of Florida.
(Police Department/Procurement)
(Resolution)
C7 J A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement
To Florida Power And Light At Marjory Stoneman Douglas Park For The Installation And Maintenance
Of Pad~Mounted Transformers That Will Provide For Underground Service Of The Lighting System.
(Public Works)
(Resolution}
C7K A Resolution Approving And Authorizing The Mayor And The City Clerk To Grant A Utility Easement
To Florida Power And Light On Lot B Of The Hibiscus Island Tract For The Installation And
Maintenance Of Conduits, Switch Cabinets, And A Capacitor Bank That Will Provide For
Underground Service Of The Lighting System.
(Public Works}
(Resolution)
2
Supplemental Materia11, December 12, 2012
C7 -Resolutions (Continued)
C7M A Resolution Approving, Pursuant To Section 2-367 (d) Of The City Code, The Sole Source Purchase
Of Trash Receptacles From Recycle Clear (To Match The Recycling Receptacles Being Provided At
No Cost By Coca Cola, Under Its Sponsorship Agreement With The City), ln The Estimated Amount
Of $34,400 For Fiscal Year (FY) 2012/13.
(Public Works)
(Resolution)
C70 A Resolution Approving An Assignment From Syanna, LLC., A Florida Limited Liability Corporation,
As Lessee/Assignor, To Italian Food Factory, LLC., A Florida Limited Liability Corporation, As
Assignee/New Lessee, Of That Certain Lease Between The City And Assignor, Dated November 17,
201 0, Involving The Use Of Approximately 2,216 Square Feet Of City-Owned Property Located At 22
Washington Avenue For Use As An Outdoor Cafe; Said Lease Having A Commencement Date Of
November 18, 2010, And Expiring On November 17, 2015, With An Option To Renew For Four (4)
Years And 364 Days.
(Real Estate, Housing, & Community Development)
(Resolution)
C7P A Resolution Approving The Neighborhoods/Community Affairs Committee's Recommendation To
Extend The North Beach Music And Food Festival Through The End Of FY 2012/2013.
(Tourism & Cultural Development)
(Resolution)
RS -Ordinances
RSB An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled ''Administration," By
Amending Article VI, Entitled "Procurement," By Amending Division 5, Entitled "Debarment Of
Contractors From City Work," By Amending Section 2-397, Entitled "Purpose Of Debarment," To
Provide The Purpose For Suspensions; By Amending Section 2-398, Entitled "Definitions," To
Provide Additional Definitions Regarding Suspension Of Contractors; By Amending Section 2-399,
Entitled "List Of Debarred Contractors," To Provide For The Additional Listing Of Suspended
Contractors; By Amending Section 2-400, Entitled "Effects Of Debarment" To Provide For The Effects
Of Suspension; By Amending Section 2-401, Entitled "Continuation Of Current Contracts," To Provide
That Suspension May Affect The Continuation Of Current Contracts Or Bids; By Amending Section 2-
402, Entitled "Restrictions On Subcontracting," To Provide For Restrictions On Suspended
Contractors; By Amending Section 2-403; Entitled "Debarment,'' To Provide For The Mayor And City
Commission, At Its Option And By Majority Vote, To Hear Debarment Or Suspension Matters, And To
Provide For Procedures For The Suspension Of Contractors; By Amending Section 2-404, Entitled
''Causes For Debarment," By Providing For Additional Causes For Debarment, And To Provide For
Causes For Suspension; By Amending Section 2-405, Entitled "Debarment Procedures," To Amend
The Procedures For Debarment And To Provide Procedures For The Suspension Of Contractors; By
Amending Section 4-206, Entitled "Period Of Debarment," By Providing For Periods Of Suspension
And Requests For Reducing Periods Of Suspension; Providing For Repealer; Severability;
Codification; And An Effective Date. 11:00 a.m. Second Reading Public Hearing
(Requested by Mayor Matti Herrera Bower)
(Legislative Tracking: City Attorney's Office)
(First Reading on November 14, 2012/Referred to NCAC)
(Memorandum & Ordinance)
3
iii
Supplemental Material1, December 12, 2012
R5 -Ordinances (Continued)
R5F An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled
''Marine Structures, Facilities And Vehicles," By Amending Article II, To Be Entitled "Restricted Wake
Zones, u To Create Regulations For Restricted Wake Zones; Providing For A Purpose; Providing For
Definitions; Providing For Restricted Areas; Providing For Posting Of Regulatory Markers; Providing
For Exemptions; Providing For Enforcement And Penalties; Providing For Repealer, Severability,
Codification, And An Effective Date. First Reading
{Requested by Commissioner Jorge R. Exposito)
(Legislative Tracking: City Attorney's Office)
(Memorandum & Ordinance)
R7 -Resolutions
R7 A Levine Memorial Bench Donation
A Resolution Accepting The Donation From The Levine Family Of A Memorial Bench Designed By
Agustin a Woodgate Honoring The Community Legacy Of I. Stanley Levine, For Placement On The
Nine Hundred Block Of Lincoln Road; And Further Authorizing The City Manager To Execute An
Agreement With The Levine Family Establishing A Maintenance Reserve Account Of $1 ,000 For The
First Year Of Maintenance And Repairs To Said Memorial Bench. 10:15 a.m. Public Hearing
(Tourism & Cultural Development)
(Resolution)
R?B A Resolution Approving, In Concept, The Grant Of An Easement To Collins 3300, LLC And 3420
Collins Avenue, LLC (The Applicant), Owners Of The Properties Located At 3301 Indian Creek Drive,
3400 Collins Avenue And 3420 Collins Avenue, Following A Duly Noticed Public Hearing, For A
Proposed Subsurface Parking Garage, That Spans The Entire Width Of The 50-Foot Public Right-Of-
Way Of 34th Street For A Length Of Approximately 93 Feet; Provided, However, That The
Afore stated Conceptual Approval Be Subject To And Contingent Upon Completion Of Continuing
Negotiations Of The Easement And An Agreement Between City And The Applicant, Which
Easement And Agreement, If Successfully Negotiated And Finalized, ShaH Be Subject To Final
Approval By The City Manager And City Attorney; Further Authorizing The Mayor And City Clerk To
Execute The Final Easement And Agreement, If And When Finalized; Further Accepting The
Recommendation Of The City Manager. 10:45 a.m. Public Hearing
(Public Works}
(Continued from October 24, 2012)
(Memorandum & Resolution)
R?C A Resolution Approving The Extension Of Hours For Certain Alcoholic Beverage Establishments With
A 5:00a.m. Liquor License And Under Certain Specified Conditions Pursuant To Section 6 Of The
City Code For Winter Party (March 8 -9, 2013) And White Party {November 29, 30, 2013) As
Recommended By The Land Use And Development Committee.
(Requested by Vice-Mayor Michael Gongora)
(legislative Tracking: City Manager's Office)
(Resolution)
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iv
Supplemental Material 1, December 12, 2012
R7 -Resolutions (Continued)
R7D 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 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, Provided Further
That The Final Negotiated Agreement And Cost For Same Shall Be Brought Back To The City
Commission For Further Consideration And Approval.
2. 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, With The Final Negotiated Agreement To Be
Subject To The Approval Of The City Attorney's Office ..
(Human Resources)
(Resolutions)
R7H A Resolution Approving Special Event Permit Application No. SE 201377 Submitted By Jonathan
Cowan Productions, LLC For Winter Conference 2013-DJ Mag On South Beach, An Event To Be
Held On Wednesday, March 20, 2013 Through Sunday, March 24, 2013, And As Described In Said
Application And In The Supplemental Information Submitted By The Applicant Attached Hereto And In
Accordance With The Conditions Set Forth Herein.
(Tourism & Cultural Development)
(Resolution)
R7M ROW Infrastructure Improvement Program -Central Bayshore
1. A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Construction Contract Between The City Of Miami Beach, Florida, And Lanzo Construction
Co., Florida, For The Construction Of The City Of Miami Beach Right Of Way Infrastructure
Improvement Program, Neighborhood No. 8 Central Bayshore (Package A) And Lake
Pancoast (Package C); Dated AprilS, 2011 (The Contract), In The Not-To-Exceed Amount Of
$306,194 To Provide Complete Milling And Resurfacing Of The Roadway In Lieu Of Asphalt
Overlay For Certain Areas Within Package A, North Of 34 StreetT o 41 Street Between Alton
Road And Meridian Avenue; And Package C, 25 Street, 26 Street And Flamingo Drive North
Of 25 Street; With Currently Appropriated Funding In The FY 2012/13 Capital Budget, In The
Amount Of $278,358 For Construction, And $27,836, For Contingency, For A Grand Total Of
$306,194.
2. A Resolution Approving An..lncrease To The Base Construction Contract Value, For The
Right-Of-Way Infrastructure Improvement Program-Neighborhood No.8-CentraiBayshore
(Package A) And Lake Pancoast (Package C), In The Amount Of $415,450 For Additional
Water Meter Boxes And Relocation Of Backyard Water Services; From Previously
Appropriated Funding From Fund 424 -Water And Sewer Bonds 2000 Series.
(Capital Improvement Projects Office)
(Resolutions)
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RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE ClTY MANAGER OR HER DESIGNEE TO
SUPPORT A GRANT APPLICATION FROM THE MIAMI BEACH
CHAMBER OF COMMERCE'S EDUCATION FOUNDATION
(MIAMI BEACH EDUCATION FOUNDATION), WITH THE MIAMI
BEACH EDUCATION FOUNDATION SERVING AS THE
APPLICANT AND THE CITY OF MIAMI BEACH AS A PARTNER,
TO THE HEALTH FOUNDATION OF SOUTH FLORIDA FOR
FUNDING IN THE APPROXIMATE AMOUNT OF $200,000, FOR A
FULL TIME REGISTERED NURSE {OR EQUIVALENT SERVICES)
TO PROVIDE SERVICES AT TREASURE ISLAND ELEMENTARY,
NORTH BEACH ELEMENTARY AND RUTH K. BROAD BAY
HARBOR K-8 CENTER
WHEREAS, the mission of the Health Foundation of South Florida (HFSF) is to
improve the health status of people in Broward, Miami-Dade and Monroe Counties; and
WHEREAS, since its inception in 2001, the Miami Beach Chamber of
Commerce's Education Foundation (Miami Beach Education Foundation) has focused
on bringing together the strengths and resources of the community to support the needs
of public education, and has a strong history of supporting public education, including
providing scholarships to graduating seniors and programming costs for the International
Baccalaureate Programs; and
WHEREAS, over $100,000 in programming and scholarship support has already
been provided by the Miami Beach Education Foundation; and
WHEREAS, the goal of this project is to ensure basic health services are
provided by a registered professional nurse andior a Health Connect in Our Schools
Health Suite in three schools in the Miami Beach feeder pattern. The three schools are
Treasure Island Elementary, North Beach Elementary, and Ruth K. Broad Bay Harbor K-
8 Center; and
WHEREAS, of the eight Miami Dade County Public Schools that fall within the
City of Miami Beach feeder pattern, there is Health Connect in Our Schools Suites in five
of them; the students at Treasure Island Elementary, North Beach Elementary and Ruth
K. Broad Bay Harbor K-8 Center do not receive basic health care services and there are
no health providers available at these school sites, currently all medical issues are dealt
with as emergencies; and
WHEREAS, the population at the three underserved schools is similar to all other
schools in the Miami Beach feeder pattern and the total number of students proposed to
be served under this grant is approximately 2,972 youth; and
WHEREAS, the project is a collaborative partnership between the Miami Beach
Chamber of Commerce Education Foundation, the Children's Trust, Miami Dade County
Public Schools, Miami-Dade County Health Department and the City of Miami Beach;
and
7
Agenda Item
Date
C7A
fZ-12.-/L
WHEREAS, the applicant and grant recipient wll! be the Miami Beach Education
Foundation and it is proposed that the Children's Trust will contract with a provider to
provide the services in the schools; the City will provide assistance as needed in
application preparation and planning, and as the Department of Health is the authority
for school health programs and the Miami-Dade County Health Department is partner to
the Children's Trust in HCiOS, they will also be a partner in this application; and
WHEREAS, the project supports the key intended outcome: enhance learning
opportunities for youth.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City
Manager or his designee to support a grant application from the Miami Beach Chamber
of Commerce's Education Foundation (Miami Beach Education Foundation), with the
Miami Beach Education Foundation serving as the applicant and the City of Miami
Beach as a partner, to the Health Foundation of South Florida for funding in the
approximate amount of $200,000, for a full time registered nurse (or equivalent services)
to provide services at Treasure Island Elementary, North Beach Elementary and Ruth K.
Broad Bay Harbor K-8 Center.
PASSED and ADOPTED this ___ day of ___ ,, 2012
ATTEST:
CITY CLERK
KGB/JMH
T:\AGENDA\2012\12-12-12\Grants Memo.doc
8
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RESOLUTION NO. ___ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA APPROVING THE RECOMMENDATION OF THE
NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE TO ENHANCE THE
CAPITAL PROJECT ENTITLED NORMANDY SHORES GOLF COURSE ALUMINUM
PICKET SECURITY FENCE.
WHEREAS, in March 2011 the Normandy Shores Homeowners Association (NSHOA} Board
expressed concerns about trespassing from the golf course through South Shore Drive and general
security on the island; and
WHEREAS, on August 23, 2011, the NSHOA unanimously approved a new video surveillance
system to replace the existing gate security cameras, pending availability of City funds; and
WHEREAS, a $75,000 project entitled Normandy Shores Golf Course Aluminum Picket
Security Fence was approved by the City Commission in September 2011; and
WHEREAS, on November 7, 2011, the City approved funds, allocated in FY2011/12, for the
installation of an aluminum picket fence along the South Shore Drive portion of the Normandy Shores
Golf Course, to be re-allocated and used for the purchase and installation of gate security cameras and
automatic gate arms; and
WHEREAS, on February 2012 the NSHOA also voted to increase the Normandy Shores Local
Government Neighborhood Improvement District Fund, by an additional assessment of $6,000/year, to
cover the annual maintenance of the security cameras and automatic gate arms; and
WHEREAS, the City Administration has reached consensus with both the NSHOA and the
North Shore I South Shore Homeowners Association for the installation of an aluminum picket fence
along the South Shore Drive portion of the Normandy Shores Golf Course with a hedge placed away from
the homes along the natural boundary of the goff course's field of play; and
WHEREAS, the Neighborhood and Community Affairs Committee (NCAC) considered this
matter at its November 19, 2012 meeting and unanimously moved to proceed with placement of a six (6}
foot aluminum fence/hedge combination placed away from the homes along the natural boundary of the
golf course's field of play, and also recommended a low hedge around the other unsecured areas of the
golf course with funding to be considered during the FY 2013/14 budget cycle, as well as recommended
the administration and City Attorney's Office research the placement of a guard gate at North Shore Drive
Bridge.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby
approve the recommendation of the Neighborhood And Community Affairs Committee to enhance the
capital project entitled Normandy Shores Golf Course Aluminum Picket Security Fence as described
above.
PASSED AND ADOPTED this 12th day of December, 2012.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
T:\AGENDA\2012\12-12-12\Normandy Shores Golf Course Fence Reso.docx
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RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DONATION OF
FY1011 and FY1112 SURPLUS COMPUTER EQUIPMENT IN "AS IS"
CONDITION TO THE MIAMI·DADE BROADBAND COALITION
WHEREAS, the City wishes to donate FY1011 and FY1112 surplus computer
equipment pursuant to code Section 2-315{e), regarding donations of surplus stock, in "as
is" condition to the Miami Dade Broadband Coalition, a not for profit organization; and
WHEREAS, no funds are required from the City for the donation of these surplus
computer equipment; and
WHEREAS, this donation is made in "as is" condition and the City makes no
representation as to the condition of the computer equipment, no warranties, expressed or
implied, and assumes no responsibility for said computer equipment.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City herein donates
of FY1 011 and FY1112 surplus computer equipment to the Miami Dade Broadband
Coalition; said donation in "as is" condition, with no warranties, expressed or implied, and
with the City assuming no further responsibility for same.
PASSED and ADOPTED this ______ day of _____ , 2012.
ATTEST:
CITY CLERK
11
MAYOR
APPROVED AS TO
FORM & LJ\f\~GUAGE
& Fl!l-i EXECUTiON
Agenda ttem C 7 F
Date iZ-Il-1 Z..
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RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE AUTHORIZATION GRANTED BY THE
CITY MANAGER, PURSUANT TO RESOLUTION NO. 2008-26738, TO THE MIAMI
BEACH SENIOR HIGH SCHOOL PARENT TEACHER ASSOCIATION (MBSH-PTA),
A NOT-FOR-PROFIT ENTITY, TO UTILIZE THE PUBLIC SWALE AREA LOCATED
AT DADE BOULEVARD, ADJACENT TO THE SCHOOL, TO PROVIDE
ADDITIONAL PARKING FROM FEBRUARY 15-18, 2013, FOR THE MIAMI
INTERNATIONAL BOAT SHOW, THROUGH A FUNDRAISING EVENT; SUCH
AMENDMENT PROVIDING AN INCREASE IN THE PARKING FEE CHARGED BY
THE MBSH-PTA FROM $20.00, TO $30.00 PER VEHICLE.
WHEREAS, pursuant to Resolution No. 2008-26738 (also referred to herein as the
Resolution), the City Commission granted the MBSH-PTA permission to utilize the Dade
Boulevard swale, adjacent to the school for parking, for a fundraising event, and to provide
additional parking for the Miami International Boat Show; and
WHEREAS, Resolution No. 2008-26738, attached as Exhibit "A" hereto, also delegated
authority to the City Manager to administratively allow said use in the future, consistent with the
terms and conditions set forth in the Resolution; and
WHEREAS, the MBSH-PT A has requested permission to increase the parking user
fee from $20.00, to $30.00, per vehicle, at the Dade Boulevard (City) swale adjacent to the
school for parking of vehicles of persons who will be attending the 2013 Miami International
Boat Show, held at the Miami Beach Convention Center from February 15-18, 2013; and
WHEREAS, the MBHS-PTA cites the following reasons supporting their request:
• MBSH campus parking is substantially reduced by virtue of the renovated football field.
• Use of the swale is critical to meeting parking demand, particularly to service vendors.
• Last year, MBHS-PTA applied a holiday weekend rate to campus parking in anticipation
of revenue lost in part to the exempt field and the beleaguered U.S. economy, two
conditions they will also face in 2013. The swale-campus pricing disparity ($20 and $30
rate) for preferred spaces confused vendors and volunteers, and slowed operations; and
WHEREAS, NMMA (National Marine Manufacturers Association} Boat Show event
promoters have reviewed the MBSH-PTA request to increase the user fee from $20.00 to
$30.00, per vehicle, and have no objection to the request and have provided written
approval to this effect; and
WHEREAS, the Administration recommends approval of MBSH-PTA's request, provided
that MBSH-PT A continue to comply with all of the other conditions, as set forth in Resolution
No. 2008-26738
13
Agenda Item C l G-
Date 12.-l Z..-l <..
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 hereby amend the authorization granted by the City Manager, pursuant to
Resolution No. 2008-26738, to the Miami Beach Senior High School Parent Teacher
Association (MBSH-PTA), a not for profit entity, to utilize the public swale area located at Dade
Boulevard, adjacent to the school, to provide additional parking from February 15-18, 2013, for
the Miami International Boat Show, through a fundraising event; such amendment approving an
increase in the parking fee charged by the MBSH-PTA from $20.00, to $30.00 per vehicle.
PASSED and ADOPTED this 12tn day of December, 2012.
ATTEST:
CITY CLERK
KGB: POW: SF
T:\AGENDA\2012\December122012\MBSH-PTABoatShow2013.res.doc
14
MAYOR
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO
SECTION 2-367 (d) OF THE MIAMI BEACH CITY CODE, THE SOLE
SOURCE PURCHASE OF TASER X-2 ELECTRONIC CONTROL
DEVICES {ECD), AND ALL DEPARTMENT-ISSUED ACCESSORIES
(EXTENDED WARRANTIES, BATTERY PACKS, HOLSTERS,
CARTRIDGES, ETC.) FROM DGG lASER, INC., THE SOLE SOURCE
DISTRIBUTOR IN THE STATE OF FLORIDA.
WHEREAS, pursuant to Section 2~367(d) of the Miami Beach Code, the City
Commission, may enter into contracts for goods and/or services where only one source for
the products or service is evident; and
WHEREAS, the purchase of TASER brand products, consisting of Taser X-2
Electronic Control Devices, and all department-issued accessories (extended warranties,
battery packs, holsters, cartridges, etc.), is available from DGG Taser Inc., the sole
authorized State of Florida distributor; and
WHEREAS, the Procurement Director has determined that DGG Taser Inc., is the
sole source and only authorized distributor for the State of Florida of TASER brand
products; and
WHEREAS, additionally, the Administration has complied with the requirements for
sole source purchases, pursuant to Section 2-367(d) of the Miami Beach City Code.
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 Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of the
Miami Beach City Code, the sole source purchase of Taser X-2 Electronic Control Devices,
and all department-issued accessories (extended warranties, battery packs, holsters,
cartridges, etc.), from DGG Taser Inc., the sole authorized State of Florida distributor.
PASSED AND ADOPTED THIS ___ DAY OF ____ , 2012.
ATTEST:
CITY CLERK MAYOR
T:\Agenda\20 12\Decem ber 12\ TasersSoleSource\Reso.
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~JL~ \-\~-v· \t.. ~ City A&;.,~ Date
Agenda Item C Z/i
Date I'd---It -IL
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RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORlDA1 APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO GRANT A UTILITY EASEMENT TO
FLORIDA POWER AND LIGHT AT MARJORY STONEMAN DOUGLAS
PARK FOR THE INSTALLATION AND MAINTENANCE OF PAD-MOUNTED
TRANSFORMERS THAT WILL PROVIDE FOR UNDERGROUND SERVICE
OF THE LIGHTING SYSTEM.
WHEREAS, there are currently no overhead utilities on Ocean Drive, south of 321
Ocean Drive, except fronting Marjory Stoneman Douglas Park between 2nd and 3rd Street; and
WHEREAS, by undergrounding the FPL cable fronting the Park at this time, the City will
be able to take advantage of the Project reconstruction activities; and
WHEREAS, in order for FPL to complete the overhead-to-underground conversion for
the portion of its facility between 2no and 3rd Street at the Park, it will be necessary for the City to
grant an easement to FPL for maintenance of Its facilities; and
WHEREAS, the proposed easement is located in the southwest corner of the Park,
adjacent to 2nd street and Ocean Drive; and contains 470.5 square feet in area.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize the Mayor and the City Clerk to grant a utility
easement to Florida Power and Light for pad-mounted transformer at Marjory Stoneman
Douglas Park that will provide for underground service of the lighting system.
PASSED AND ADOPTED this 12th day of December, 2012.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
City Attorney Date
T:\AGENDA\2012\12-12-12\easements\FPL Easement Stoneman Douglas Park-RESO (3).doc
17
APPROVED AS TO
FORM & LANGUAGE
6 FOR EXECUTION
l.rQ_f\·, \,___--11-~·I..-I L ... ~ ...... ~~--City Attorn~ V--Date Y Agenda Item Cl J
Date [L-12: 12.
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RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY
CLERK TO GRANT A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT ON
LOT B OF THE HIBISCUS ISLAND TRACT FOR THE INSTALLATION AND
MAINTENANCE OF CONDUITS, SWITCH CABINETS, AND A CAPACITOR BANK
THAT WILL PROVIDE FOR UNDERGROUND SERVICE OF THE LIGHTING SYSTEM.
WHEREAS, during the planning of the Palm and Hibiscus Island Neighborhood Right of Way
(ROW) Improvement Project (the Project), the Palm-Hibiscus-Star Islands Association (HOA) initiated a
petition for the undergrounding of aerial utilities; and
WHEREAS, the HOA elected to pursue the creation of a Special Taxing District with Miami Dade
County in order to finance the expenses associated with the undergrounding utilities project; and
WHEREAS, on December 7, 2010 after various public hearings. the registered voters elected to
move forward with the undergrounding utilities project for Hibiscus Island only; and
WHEREAS, FPL prepared and submitted preliminary drawings and a cost proposal for the
overhead-to-underground conversion for the neighborhood; and
WHEREAS, in order for FPL to complete the overhead-to-underground conversion for the
Hibiscus Island neighborhood, it will be necessary for the City to grant an easement 3,571.1 square feet
in area) to FPL for maintenance of its facilities; and
WHEREAS, the easement location per the attached site plans and sketch is conducive to initial
construction and recurring maintenance.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve and
authorize the Mayor and the City Clerk to grant a utility easement to Florida Power and light on lot B of
the Hibiscus Island Tract for the installation and maintenance of conduits, switch cabinets, and a
capacitor bank that will provide for underground service of the lighting system.
PASSED AND ADOPTED this 121h day of December, 2012.
ATTEST:
Matti Herrera Bower, Mayor
T:\AGENDA\2012\12-12-12\PALM & HIBISCUS FPL EASEMENT\FPL Easement Palm & Hibiscus-RESO.doc
19
Agenda Item C.] K
Date [l.;-/l.-12.:
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20
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 2-367 (d) OF
THE CITY CODE, THE SOLE SOURCE PURCHASE OF TRASH RECEPTACLES
FROM RECYCLE CLEAR (TO MATCH THE RECYCLING RECEPTACLES BEING
PROVIDED AT NO COST BY COCA COLA, UNDER ITS SPONSORSHIP
AGREEMENT WITH THE CITY), IN THE ESTIMATED AMOUNT OF $34,400 FOR
FISCAL YEAR (FY) 2012/13.
WHEREAS, by managing solid waste and conserving material resources through reduction,
re-use, and recycling, the City will help minimize impacts to the quality and safety of the local
environment, reduce costs of waste disposal, and decrease the carbon footprint associated with the
production and the use and disposal of materials; and
WHEREAS, the City's Sustainability Plan outlines the goal of increasing the Citywide volume
of recyclables diverted from the County landfill to recycling plants; and
WHEREAS, by improving the design of recycling and trash receptacles with enhanced
signage, and by placing the recycling bin next to the trash bin, the City will help to increase recycling
volumes; and
WHEREAS, under Coca-Cola's Sponsorship Agreement with the City, Coca-Cola will
provide, at its sole cost and expense, 43 recycling bins, which will be installed on lincoln Road as
the first phase of the City's Right-of-Way Recycling Bin Pilot Program; and
WHEREAS, Coca-Cola has designed dual silver recycling and trash receptacles, which the
City would like to install as part of the aforestated Pilot Program, to determine the design's long-term
durability and recycling diversion success; and
WHEREAS, at its July 9, 2012 meeting, the Finance and Citywide Projects Committee
approved the design of Coca-Cola's proposed recycling receptacle, and also approved the design of
a matching trash receptacle (which would be constructed and installed, at the City's expense. next to
the proposed recycling receptacles); and
WHEREAS, at its October 24, 2012 meeting, the City Commission approved Resolution No.
2012-28048, approving the design of the recycling receptacles (In the color silver) to be provided
under the Coca-Cola Sponsorship Agreement, and also approved the design of the matching trash
receptacles (in the color blue); and
WHEREAS, Recycle Clear holds patents for, and is the sole manufacturer, of the
approved recycling and trash receptacles; and
WHEREAS, in order to optimize recycling volume by placing recycling bins next to trash
bins, the City finds that it would be in its best interest to proceed with the recycling and trash
receptacles (combination bins) proposed by Coca Cola; and
WHEREAS, additionally, since the designs are not only compatible, but since Coca Cola is
providing the recycling bins at no cost to the City, proceeding with the Coca Cola design for the
matching trash receptacles would also result in a cost savings to the City (since, in effect, the City
would only be responsible for the cost of the trash receptacles); and
WHEREAS, since the matching trash receptacles are only designed and manufactured by
Recycle Clear (as the firm that holds the patent to the design and which is also the sole
manufacturer of the receptacles), the City believes that Recycle Clear meets the requirements for a
sole source vendor, as set forth in Section 2-367 (d) of the City Code; and
21
Agenda Item C. 1/"1
Date 12--11.. -rt.,
WHEREAS, the Public Works Department has submitted the required written justification to
the Procurement Division (as also required by Section 2-367 (d)) that Recycle Clear is the only
source of supply of the desired trash bins ( to match the recycling bins designed by Coca Cola).
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 hereby approve,
pursuant to Section 2-367 (d) of the City Code, the sole source purchase of trash receptacles from
Recycle Clear (to match the recycling receptacles being provided at no cost by Coca Cola, under its
Sponsorship Agreement with the City), in the estimated amount of $34,400 for Fiscal Year (FY)
2012/13.
PASSED AND ADOPTED this 12th day of December, 2012.
ATTEST:
Rafael Granado, City Clerk Matti Herrera Bower, Mayor
T:\AGENDA\2012\12-12-12\Recyc!ing Bin RESO.doc
22
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT FROM SYANNA,
LLC., A FLORIDA LIMITED LIABIL TY CORPORATION, AS
LESSEEIASSIGNOR, ITALIAN FOOD FACTORY, LLC., A FLORIDA LIMITED
LIABIL TV CORPORATION, AS ASSIGNEEINEW LESSEE, OF THAT
CERTAIN LEASE BETWEEN THE CITY AND ASSIGNOR, DATED
NOVEMBER 17, 2010, INVOLVING THE USE OF APPROXIMATELY 2,216
SQUARE FEET OF CITY-OWNED PROPERTY LOCATED AT 22
WASHINGTON AVENUE FOR USE AS AN OUTDOOR CAFE; SAID LEASE
HAVING A COMMENCEMENT DATE OF NOVEMBER 18, 2010, AND
EXPIRING ON NOVEMBER 17, 2015, WITH AN OPTION TO RENEW FOR
FOUR (4)YEARS AND 364 DAYS.
WHEREAS, on November 17, 2010, the Mayor and City Commission adopted a Resolution
approving a Lease Agreement between the City and Syanna, LLC {Tenant), involving approximately
2,216 square feet of surplus City-owned property located at 22 Washington Avenue (Premises), for use
as an outdoor seating area to serving the Tenant's restaurant located adjacent to the Premises at 816
Commerce Street (Lease Agreement); and
WHEREAS, the initial term of said Lease Agreement is for a period of five (5) years, commencing
on November 18, 2010 and expiring on November 17, 2014, with one (1) renewal option of four {4) years
and 364 day; and
WHEREAS, due to certain complications, the Tenant was forced to close the restaurant in April,
2012, and informed the Administration that it has successfully negotiated an agreement to sell its entire
leasehold interest in the restaurant to a high-end Italian chain restaurant operator and was seeking the
City's consent to assign his interest in the City's property to the same party; and
WHEREAS. Article 12.1 of the Lease Agreement provides the Tenant the right to assign or sublet
the Demised Premises, in whole or in part, subject to and conditioned upon the City's prior written
consent, which shalt not be unreasonably withheld; provided that the Premises continues to operate in
accordance the terms and conditions provided for in the Agreement; and
WHEREAS, the proposed Assignee. which has incorporated under the name of Italian Food
Factory, LLC, is owned by Augusto Reitano of the Italian Reitano Group, which meets the financial criteria
required of an authorized Assignee as provided for in Article 12.1 of the Lease Agreement
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 approve an assignment
from Syanna, LLC., a Florida Limited Liability Corporation, as Lessee/Assignor, to Italian Food Factory,
LLC., a Florida Limited Liability Corporation, as Assignee/New Lessee. of that certain Lease between the
City and Assignor, dated November 17, 2010, involving the use of approximately 2,216 square feet of
city--owned property located at 22 Washington Avenue for use as an outdoor cafe; said Lease having a
commencement date of November 18, 2010 and expiring on November 17, 2015, with an option to renew
for four (4) years and 364 days.
PASSED AND ADOPTED this 12th day of December, 2012.
ATTEST:
Rafael Granado, City Clerk
T:\AGENOA\2012\12·12-12\Syanna RESO.doc
APPROVED AS TO
----------------~F~a~s~M~&kANGUAGE
Matti Herrera Bower, Mayor & FOii EXECUTION
Agenda Item C. 7 0
23:e a~t;. "'/ Z...
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24
RESOLUTION NO. 2012· __ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
NEIGHBORHOOD/ COMMUNITY AFFAIRS COMMITTEE'S
RECOMMENDATION TO EXTEND THE NORTH BEACH MUSIC
AND FOOD FESTIVAL THROUGH THE END OF FY 2012/2013.
WHEREAS, on November 10, 2011, the Neighborhoods/Community Affairs Committee
(NCAC) discussed the topic of food trucks and the potential of a food truck festival in North
Beach, and approved a motion to direct the Administration to have discussions with the
community to identify rssues and suggestions regarding a food truck event; and
WHEREAS, a food truck workshop was held with the North Beach community on
February 16, 2012, at the North Shore Park & Youth Center, with approximately 25 individuals
in attendance; and
WHEREAS, at the community meeting, the residents in attendance were stongly in favor
of a festival, and the restaurants were opposed; and
WHEREAS, there was consensus that, if a food truck event is going to take place, that
the following issues be addressed:
• The food truck event should be done on a slow business day, not on a weekend;
• The food trucks should not be a stand-alone event, but should be part of a larger event;
• That local businesses, particularly restaurants, must be allowed to participate for free;
• If alcohol is allowed, it should only be available from the existing restaurants;
• The food trucks must take care of restroom, sanitation, and security needs; and
WHEREAS, on April 24, 2012, the NCAC recommended that an event incorporating
food trucks be initiated as a pilot program beginning in June, 2012, and that a total of three
events take place during the summer of 2012; and
WHEREAS, the NCAC further recommended that North Beach restaurants be allowed to
participate in the event, that the program include branding of the event, and that the food trucks
be responsible for providing restrooms, sanitation, and security; and
WHEREAS, on May 9, 2012, the Mayor and City Commission adopted a Resolution
approving a Food Truck Pilot Program in North Beach, pursuant to the parameters
recommended by the NCAC; and
WHEREAS, The Food Truck Pilot Program events took place as the North Beach Music
and Food Festival on September 19, October 17 and November 14; and
WHEREAS, the response from the community to the events was positive; and
WHEREAS, on October 24, 2012, the City Commission authorized two additional food
truck events for December 2012 and January 2013; and
25
Agenda Item Cl£
Date J:t~/2 -JZ.~
WHEREAS, on November 19, 2012, the NCAC discussed the Food Truck Pilot Program
and recommended that the Administration extend the food truck event for the remainder of the
Fiscal Year; and
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
approve the Neighborhood/Community Affairs Committee's recommendation to extend the
North Beach Music and Food Festival through the end of FY 2012/2013.
PASSED and ADOPTED this 12 1h day of December, 2012.
ATTEST:
Rafael Granado, City Clerk
26
Matti Herrera Bower, Mayor
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
~~~; tl~8:-11
"
&
"1&1··
OFFICE OF THE CITY A TIORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY MANAGER, KATHIE B · KS
JOSE SMITH, CITY ATTORNEY .~ "/ .
DECEMBER 12, 2012 £__;;/'
AMENDMENTS TO DEBARMENT ORDINANCE
OPTION A
(SECOND READING/
PUBLIC HEARING)
OPTION B
(FIRST READING)
Pursuant to the request of Mayor Matti Herrera Bower, the proposed
amendments to the Debarment Ordinance, attached as Option A, provide grounds and
procedures for the suspension of City contractors as well as amend the grounds and
procedures for debarment Option A was approved by the Mayor and City Commission
on First Reading at the November 14, 2012 City Commission meeting and is submitted
for consideration by the City Commission for Second Reading/Public Hearing.
The attached Option B Ordinance, which incorporates recommendations of the
Neighborhoods and Community Affairs Committee at its November 19, 2012 meeting, is
submitted as an alternative to Option A. Should the Mayor and City Commission wish
to proceed with Option B (instead of Option A) it is to be considered as a First Reading
item.
JS/DT/mmd
F:\ATTO\TURN\MEMOS\Memo re debarment Option B (First Reading).docx
27
Agenda Item R S" B
Date l2~tt-IL
OPTION A
(VERSION APPROVED BY CITY COMMISSION ON 11/14/12-FIRST READING)
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE VI, ENTITLED "PROCUREMENT," BY
AMENDING DIVISION 5, ENTITLED "DEBARMENT OF
CONTRACTORS FROM CITY WORK/' BY AMENDING SECTION 2~
397, ENTITLED "PURPOSE OF DEBARMENT," TO PROVIDE THE
PURPOSE FOR SUSPENSIONS; BY AMENDING SECTION 2-398,
ENTITLED "DEFINITIONS," TO PROVIDE ADDITIONAL DEFINITIONS
REGARDING SUSPENSION OF CONTRACTORS; BY AMENDING
SECTION 2-399, ENTITLED "LIST OF DEBARRED CONTRACTORS,"
TO PROVIDE FOR THE ADDITIONAL LISTING OF SUSPENDED
CONTRACTORS; BY AMENDING SECTION 2-400, ENTITLED
"EFFECTS OF DEBARMENT" TO PROVIDE FOR THE EFFECTS OF
SUSPENSION; BY AMENDING SECTION 2-401, ENTITLED
"CONTINUATION OF CURRENT CONTRACTS," TO PROVIDE THAT
SUSPENSION MAY AFFECT THE CONTINUATION OF CURRENT
CONTRACTS OR BIDS; BY AMENDING SECTION 2-402, ENTITLED
"RESTRICTIONS ON SUBCONTRACTING,'' TO PROVIDE FOR
RESTRICTIONS ON SUSPENDED CONTRACTORS; BY AMENDING
SECTION 2-403; ENTITLED "DEBARMENT," TO PROVIDE FOR THE
MAYOR AND CITY COMMISSION, AT ITS OPTION AND BY
MAJORITY VOTE, TO HEAR DEBARMENT OR SUSPENSION
MATTERS, AND TO PROVIDE FOR PROCEDURES FOR THE
SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-404,
ENTITLED "CAUSES FOR DEBARMENT," BY PROVIDING FOR
ADDITIONAL CAUSES FOR DEBARMENT, AND TO PROVIDE FOR
CAUSES FOR SUSPENSION; BY AMENDING SECTION 2-405,
ENTITLED "DEBARMENT PROCEDURES," TO AMEND THE
PROCEDURES FOR DEBARMENT AND TO PROVIDE PROCEDURES
FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING
SECTION 4-206, ENTITLED "PERIOD OF DEBARMENT," BY
PROVIDING FOR PERIODS OF SUSPENSION AND REQUESTS FOR
REDUCING PERIODS OF SUSPENSION; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach deem it in the
best interest of the City to amend the City's debarment provisions and to create provisions and
procedures for the suspension of contractors under certain specified circumstances.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
28
SECTION 1.
That Division 5, entitled "Debarment of Contractors from City Work," of Article VI, entitled
"Procurement" of Chapter 2, entitled "Administration," of the Miami Beach City Code is hereby
amended as set forth below. Other sections in Division 5 are also provided for reference
purposes.
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE VI. PROCUREMENT
DIVISION 5. Debarment of Contractors from City Work
Sec. 2-397. Purpose of debarment and suspension.
(a) The city shall solicit offers from, award contracts to, and consent to
subcontractors with responsible contractors only. To effectuate this policy, the
debarment and suspension of contractors from city work may be undertaken.
{b) The serious nature of debarment and suspension requires that this sanction be
imposed only when it is in the public interest for the city's protection, and not for
purposes of punishment. Debarment and suspension shall be imposed in
accordance with the procedures contained in this division.
Sec. 2-398. Definitions.
As used in this division:
(a) Affiliates. Business concerns, organizations, lobbyists or other individuals are
affiliates of each other if, directly or indirectly, (i) either one controls or has the power
to control the other, or (ii) a third party controls or has the power to control both.
Indicia of control include, but are not limited to, a fiduciary relation which results from
the manifestation of consent by one individual to another that the other shall act on
his behalf and subject to his control, and consent by the other so to act; interlocking
management or ownership; identity of interests among family members; shared
facilities and equipment; common use of employees; or a business entity organized
by a debarred entity, individual, or affiliate following debarment of a contractor that
has the same or similar management, ownership, or principal employees as the
contractor that was debarred or suspended.
2
29
(b) Civil judgment means a judgment or finding of a civil offense by any court of
competent jurisdiction.
(c) Contractor means any individual or other legal entity that
(1) Directly or indirectly {e.g., through an affiliate}, submits offers for or is
awarded, or reasonably may be expected to submit offers for or be awarded,
a city contract, including, but not limited to, vendors, suppliers, providers,
bidders, proposers, consultants, subcontractors, and/or design professionals;
or
(2) Conducts business, or reasonably may be expected to conduct business,
with the city as an agent, representative or subcontractor of another
contractor.
(d) Conviction means a judgment or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict
or a plea, and includes a convictions entered upon a plea of nolo contendere.
(e) Debarment means action taken by the debarment committee .. or by the mayor and
city commission as provided in this division. to exclude a contractor (and, in limited
instances specified in this division, a bidder or proposer) from city contracting and
city approved subcontracting for a reasonable, specified period, as provided in
subsection m below; a contractor so excluded is debarred not to exceed five (5)
years.
(f) Debarment committee means a group of seven ill individual members, each
appointed by the mayor and individual city commissioners, to evaluate and, if
warranted, to impose debarment or suspension.
{g) Greater weight of the evidence means proof by information that, compared with that
opposing it. leads to the conclusion that the fact at issue is more probably true than
not
(h) Indictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
(i) Legal proceeding means any civil judicial proceeding to which the city is a party or
any criminal proceeding. The term includes appeals from such proceedings~
3
30
(j) List of debarred contractors means a list compiled, maintained and distributed by the
city's procurement office, containing the names of contractors debarred under the
procedures of this division .
.(hl List of suspended contractors means a list compiled, maintained and distributed by
the city's procurement office containing the names of contractqrs suspended under
the procedures of this division.
ill Suspension means action taken by the debarment committee. or by the mayor and
city commission as provided in this division, to exclude a contractor~ (and, in limited
instances specified in this division, a bidder or proposer) from city contracting and
city approved subcontracting for a reasonable sgecified geriod, not to exceed two (2)
years.
Sec. 2~399. List!, of debarred and suspended contractors.
(a} The city's procurement office, as the agency charged with the implementation of
this division, shall:
(1) Compile and maintain a current, consolidated list (list) of all contractors
susgended or debarred afl4 by city departments. Such list§. shall be public
record and shall be available for public inspection and dissemination;
{2) Periodically revise and distribute the list and issue supplements, if
necessary, to all departments, to the office of the city manager, and to the
mayor and city commissioners; and
(3) Included in the list§. shaH be the name and telephone number of the city
official responsible for its maintenance and distribution.
(b) The debarment and suspension list§. shall indicate:
(1) The names and addresses of all contractors debarred, or susgended. in
alphabetical order;
(2) The name of the city department that recommendsed initiation of the
debarment or suspension action;
(3) The cause for the debarment or suspension action, as is further described
herein, or other statutory or regulatory authority;
4
31
(4) The effect of the debarment or suspension action;
(5) The termination date for each listing;
(6) The contractor's certificate of competency or license number, when
applicable; and
(7) The person through whom the contractor is qualified, when applicablei,.
(8) The name and telephone number of the point of contact in the department
recommending the debarment or SU§Pen§ign action.
(c) The city's procurement office shall:
(1} In accordance with internal retention procedures, maintain records
relating to each debarment or suspension;
(2) Establish procedures to provide for the effective use of the debarment
and suspension list§, including internal distribution thereof, to ensure that
departments do not solicit offers from, award contracts to, or consent to
subcontracts with contractors on the list§; and
(3) Respond to inquiries concerning listed contractors and coordinate such
responses with the city department that recommended the action.
Sec. 2-400. Effects of debarment and suspension.
(a) Debarred or suspended contractors are excluded from receiving contracts, and
departments shall not solicit offers from, award contracts to, or consent to
subcontracts with these contractors, unless the city manager determines that an
emergency exists justifying such action, and obtains approval from the mayor
and city commission, which approval shall be given by a five-sevenths (5/7ths)
vote of the city commission at a regularly scheduled city commission meeting.
Debarred or suspended contractors are also excluded from conducting business
with the city as agents, representatives, subcontractors or partners of other
contractors.
(b) Debarred or suspended contractors are excluded from acting as individual
sureties.
Sec. 2-401. Continuation of current contracts/disqualification from bids.
(a) Commencing on the effective date of this division, all proposed city contracts, as
well as request for proposals (RFP), request for qualifications (RFQ), requests fGf
5
32
letters of interest (RFLI), or bids issued by the city, shall incorporate this
ordinance and specify that debarment or suspension may constitute grounds for
termination of the contract, as well as disqualification from consideration on any
RFP, RFQ, ~bl, or bid.
(b) The debarment or suspension shall take effect in accordance with the notice
provided by the city manager pursuant to subsection 2-405(llj) below, except that
if a city department has contracts or subcontracts in existence at the time the
contractor was debarred, or suspended, the debarment or suspension period
may commence upon the conclusion of the contract, subject to approval of same
by a five-sevenths (5/?ths) vote of the mayor and city commission at a regularly
scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contracts, or consent to subcontracts with debarred or suspended, contractors,
unless the city manager determines that an emergency exists justifying the
renewal or extension or for an approved extension due to delay or time extension
for reasons beyond the contractor's control, and such action is approved by a
five-sevenths (5/7ths) vote of the mayor and city commission at a regularly
scheduled meeting.
(d) No further work shaH be awarded to a debarred or suspended contractor in
connection with a continuing contract, where the work is divided into separate
discrete groups and the city's refusal or denial of further work under the contract
will not result in a breach of such contract.
Sec. 2-402. Restrictions on subcontracting.
(a) When a debarred or suspended contractor is proposed as a subcontractor for
any subcontract subject to city approval, the department shall not consent to
subcontracts with such contractors unless the city manager determines that an
emergency exists justifying such consent, and the mayor and city commission
approves such decision, by a five-sevenths (5/?ths) vote, at a regularly
scheduled meeting.
(b) The city shaH not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred or suspended prior to bid opening or opening of
proposals, where the contract was awarded by the city pursuant to an RFP, RFQ,
Rmorbid.
6
33
Sec. 2-403. Debarment and suspension.
(a) The debarment committee or, at its option and by a majority vote, the mayor and
city commission, may, in the public interest, debar or suspend a contractor for
any of the causes listed in this division, using the procedures outlined below. The
existence of a cause for debarment or suspension, however, does not
necessarily require that the contractor be debarred or suspended; the
seriousness of the contractor's acts or omissions and any mitigating factors
should be considered in making any debarment or suspension decision.
(b) Debarment constitutes debarment of aU officers, directors, shareholders owning
or controlling 25 percent or more of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the
debarmentGebar.feG decision is limited by its terms to specific divisions,
organizational elements, or commodities. The debarment committee's (or the
mayor or city commission's, as the case may be) decision includes any existing
affiliates of the contractor, if they are (i} specifically named and (ii) given written
notice of the proposed debarment and an opportunity to respond.
(c) Suspension constitutes suspension of all officers, directors, shareholders owning
or controlling 25 percent or more of the stock, partners. divisions or other
organizational elements of the suspended contractor, unless the suspension
decision is limited by its terms to specific divisions, organizational elements, or
commodities. The debarment committee's (or the mayor or city commission's)
decision includes any existing affiliates of the contractor, if they are (i) specifically
named and (ii) given written notice of the proposed suspension and an
opportunity to respond.
@ A contractor's debarment or suspension shall be effective throughout city
government.
.{§} Nothing in this division shall preclude the crty from pursuing any other available
legal or equitable remedies against the contractor.
Sec. 2-404. Causes for debarment and suspension.
{a) Debarment. +Ae-debarment committee shall debar a~contractor shall be
debarred for a conviction or civil judgment:
7
34
(1) For comm1ssron of a fraud or a criminal offense in connection with
obtaining, attempting to obtain, performing, or making a claim upon a
public contract or subcontract, or a contract or subcontract funded in
whole or in part with public funds; or
(2) For violation of federal or state antitrust statutes relating to the
submission of offers; or
(3) For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property; or
(4) For commission of any offense indicating a lack of business integrity or
business honesty that may seriously and directly affect the responsibility
of the contractor on a city contract or subcontract;
fill For commission of any criminal activity as defined in Chapter 772 of the
Florida Statutes, and as that Chapter may be amended; or the aiding or
abetting of any offense in subsections (a)(1)-(3) or {a)(5}; or
.@l Which makes the city the prevailing party in a legal proceeding, and a
court determines that the la•Nsuit bet\\'een the claim{s) filed by the
contractor aR€l against the city was frivolous or filed in bad faith.
(b) The debarment committeeA contractor may be debarred or suspended a
eontfaStGr-{and, in limited instances set forth hereinbelow, a bidder or proposer) ... based
upon the greater weight of the evidence, for:
(1) Violation of the terms of a city contract or subcontract, or a contract or
subcontract funded in whole or in part by city funds, ~ including,
without limitation, failure to perform or unsatisfactory performance in
accordance with i) one or more of the terms of such contracts or
subcontract as certified by the city department administering the contract~
or ii) the specifications and/or budget or within the time limit provided in
the contract or the failure to perform~tisfacterily perform in
accordance lNith the terms-ef--ofle-or more contracts, as certified by an
ineepen€lent registered architect, engineer, or general contractor; or
(2) A consistent pattern or documented history of significant deviation from
contract specifications. engineering standards, design or material
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requirements or safety regulations, where such pattern or history has first
been presented to the contractor by the city department administering the
contract, and where the contractor continues to engage in such
deviations; or
Ql Violation of the ethical standards set forth in the locaL state. or federal
law. or knowingly failing to disclose criminal or fraudulent conduct relating
to public procurement. public officials, or the public trust; or
f1l By reason of a contractor's admitted commission. aiding. or abetting of
anv offense specified in subsection (a); or
@ Violation of a city ordinance or administrative order which lists debarment
or suspension as a potential penalty~ or:
{§} For any other cause so serious or compelling of a nature that it seriously
and directly affects the responsibility of the contractor on a city contract or
subcontract
Sec. 2-405. -Debarment and suspension procedures.
(a) Requests for the debarment or suspension of g contractors may be initiated by a
city department or by a citizen-at-large and shall be made in writing on a form
promulgated by the city administration (and approved by the city commission) to
the office of the city manager. Upon receipt of a request for debarment or
suspension, the city manager shall transmit the request to the mayor and city
commission at a regularly scheduled meeting. The mayor and city commission
shall transmit the request to a person or persons who shall be charged by the city
commission with the duty of promptly investigating and preparing a written
report(sj concerning the proposed debarment or suspension, including the cause
and grounds for debarment or suspension, as set forth in this division.
(b) Upon completion of the aforestated written report, the city manager shall forward
said report to the mayor and city commission at a regularly scheduled meeting.
The mayor and city commission shall forward the report to the debarment
committee or, at its option and by majority vote, the mayor and city commission
may elect to hear the matter as the trier of fact instead of the debarment
committee.
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if} The city's procurement office shall act as staff to the debarment committeetrier of
fact and, with the assistance of the person or persons whowt:lk>J::!. prepared the
report, present evidence and argument to the trier of factdebarment committee.
@ The city attorney's office shall represent the trier of fact and may present
evidence and testimony at the debarment or suspension hearing and may rebut
evidence and cross-examine testimony presented at the debarment hearing.
(e!2) Notice of proposal to debar or suspend Within ten .(1Q}. working days of the
GebaFment committeemayor and city commission having received the request for
debarment or suspension and written report, the city's procurement office, nn
behalf of the debaJ:ment eommittee, shall issue a notice of proposed debarment
or suspension advising the contractor and any specifically named affiliates, by
certified mail, return receipt requested, or personal service, containing the
following information:
(1) That debarment or suspension is being considered;
(2) The reasons and causes for the proposed debarment or suspension in
terms sufficient to put the contractor and any named affiliates on notice of
the conduct or transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the debarment committee. or by
the mayor and city commission pursuant to a majority vote of the mayor
and city commission, on a date and time not less than thirty {301 days
after service of the notice. The notice shall also advise the contractor that
it may be represented by an attorney, may present documentary evidence
and vefba! testimony, and may cross examine rebut evidence and cross-
examine testimony presented against it.
(4} The notice shall also describe the effect of the issuance of the notice of
proposed debarment, and of the potential effect of an actual debarment.
(df) No later than seven ill working days prior to the scheduled hearing date, the
contractor must furnish the city's procurement office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven ill working days prior to the hearing, or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The debarment committee, or if heard by
the mayor and city commission, the mayor and city commission, has the right to
grant or deny an extension of time, and, for good cause, may set aside the
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waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
(eg) Hearsay evidence shall be admissible at the hearing but shall not form the sole
basis for initiating a debarment or suspension procedure nor the sole basis of
any determination of debarment or suspension. The hearing shall be transcribed,
taped or otheJWise recorded by use of a court reporter, at the election of the
committee or, if heard by the mayor and city commission, at the election of the
mayor and city commission and at the expense of the city. Copies of the hearing
tape or transcript shall be furnished at the expense and request of the requesting
party.
(fb.) Debarment eemmi#ee's or suspension decision. In actions based upon a
conviction or judgment, or in which there is no genuine dispute over material
facts, the debarment ~!-make a decision shall be made on the
basis of all the undisputed, material information in the administrative record,
including any undisputed, material submissions made by the contractor. The
debarment committee or, if heard by the mayor and city commission, the mayor
and city commission shall be the sole trier of fact Where actions are based on
disputed evidence, the debarment committeetrier of fact shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its
decision on the greater weight of the evidence standard. The debarment
committee shall be the sole trier of fact The committee'sdecision shall be made
within ten f1Q}. working days after conclusion of the hearing, unless the
debarment committee extends thisperiod is extended for good cause.
{§1) The committee'sdedsion shall be in writing and shall include the
committee'sfactuai findings, the principal causes of debarment or suspension as
enumerated in this division, identification of the contractor and all named affiliates
affected by the decision, and the specific term, including duration, of the
debarment or suspension imposed.
{i:tj) Notice of debarment Gommittee'sor suspension decision.
(1) If the debarment committee decides te imposedebarment or suspension
is imposed, the city manager shall give the contractor and any named
affiliates involved written notice by certified mail, return receipt requested,
or hand delivery, within ten f1Ql working days of the decision, specifying
the reasons for debarment or suspension and including a copy of the
committee'swritten decision; stating the period of debarment or
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suspension, including effective dates; and advising that the debarment or
suspension is effective throughout the city governmentdepartments.
{2) !f Ogebarment or suspension is not imposed, the city manager shall notify
the contractor and any named affiliates, by certified mail, return receipt
requested, or personal service, within ten f.1Ql working days of the
decision.
(f.!s) All decisions Gf...fue Elebarment comm#tooof debarment or suspension shall be
final and shall be effective on the date the notice is signed by the city manager.
Decisions of the Elebarment committeeare subject to review by the Appellate
Division of the Circuit Court. A debarred or suspended contractor may seek a
stay of the debarment or suspension decision in accordance with the Florida
Rules of Appellate Procedure.
Sec. 2-406. -Period of debarment or suspension.
(a} The period of debarment or suspension imposed shall be within the sole
discretion of the Elebarment committeetrier of fact. Debarment or suspension
shall be for a period commensurate with the seriousness of the cause(s), and,
where applicable, within the guidelines set forth below, but in no event shall
debarment exceed five @ years. or suspension exceed two (2) years.
(b) Debarment. The following guidelines for the period of debarment shall apply
except where mitigating or aggravating circumstances justify deviation:
( 1) For commission of an offense as described in subsection 2-404(a)( 1 ):
Five @ years.
(2) For commission of an offense as described in subsection 2-404{a)(2):
Five @ years.
(3} For commission of an offense as described in subsection 2-404(a)(3):
Five @ years.
(4) For commission of an offense as described in subsection 2-404(a)(4):.(§l:
Two @to five .(§},years.
(5) For commission of an offense as described in subsections 2-404(Ql~
Gf-f2l Two @to five @years.
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(c) Suspension. The following guidelines for the period of susgension shall apply
except where mitigating or aggravating circumstances justify deviation:
For commission of an offense as described in subsection 2404(b):
Up to two (2) years .
.(Q} The Elebarment committeetrier of fact may, in its sole discretion, reduce the
period of debarment or suspension, upon the contractor's written request, for
reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment or
suspension was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment or suspension was
imposed; or
(5) Other reasons the debarment coFAmi-tteetrier of fact deems appropriate.
(e) The debarred or suspended contractor's written request shall contain the reasons
for requesting a reduction in the debarment or suspension period. The city's
procurement office, with the assistance of the affected department, shall have
thirty {30} days from receipt of such request to submit a written response thereto.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
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Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the __ day of December, 2012.
PASSED and ADOPTED this __ day of-------' 2012.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and stril><e through denotes deletions
F:\ATTO\AGUR\RESOS-ORD\Debarmcnt and Supsension of Contractors from City Work (Option A 12-6-l:!).docx
APPROVED AS TO
FORM & LANGUAGE
& FO~EX · UTION -~1-·1-v ---r~ ~) (\ .L .-/ /....-,, /
· ty ttorne · . \ f f-.· a
) J \,
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OPTION B
(VERSION INCORPORATING COMMENTS FROM NEIGHBORHOOD AND COMMUNITY
AFFAIRS COMMITTEE DISCUSSION ON 11/19/12)
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE VI, ENTITLED "PROCUREMENT,.. BY
AMENDING DIVISION 5, ENTITLED ''DEBARMENT OF
CONTRACTORS FROM CITY WORK;' BY AMENDING SECTION 2-
397, ENTITLED "PURPOSE OF DEBARMENT," TO PROVIDE THE
PURPOSE FOR SUSPENSIONS; BY AMENDING SECTION 2-398,
ENTITLED "DEFINITIONS," TO PROVIDE ADDITIONAL DEFINITIONS
REGARDING SUSPENSION OF CONTRACTORS; BY AMENDING
SECTION 2-399, ENTITLED "LIST OF DEBARRED CONTRACTORS,"
TO PROVIDE FOR THE ADDITIONAL LISTING OF SUSPENDED
CONTRACTORS; BY AMENDING SECTION 2-400, ENTITLED
!&EFFECTS OF DEBARMENT" TO PROVIDE FOR THE EFFECTS OF
SUSPENSION; BY AMENDING SECTION 2-401, ENTITLED
"CONTINUATION OF CURRENT CONTRACTS/' TO PROVIDE THAT
SUSPENSION MAY AFFECT THE CONTINUATION OF CURRENT
CONTRACTS OR BIDS; BY AMENDING SECTION 2-402, ENTITLED
"RESTRICTIONS ON SUBCONTRACTING," TO PROVIDE FOR
RESTRICTIONS ON SUSPENDED CONTRACTORS; BY AMENDING
SECTION 2-403; ENTITLED "DEBARMENT," TO PROVIDE FOR THE
MAYOR AND CITY COMMISSION, AT ITS OPTION AND BY
MAJORITY VOTE, TO HEAR DEBARMENT OR SUSPENSION
MATTERS, AND TO PROVIDE FOR PROCEDURES FOR THE
SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 2-404,
ENTITLED "CAUSES FOR DEBARMENT," BY PROVIDING FOR
ADDITIONAL CAUSES FOR DEBARMENT, AND TO PROVIDE FOR
CAUSES FOR SUSPENSION; BY AMENDING SECTION 2-405,
ENTITLED "DEBARMENT PROCEDURES," TO AMEND THE
PROCEDURES FOR DEBARMENT AND TO PROVIDE PROCEDURES
FOR THE SUSPENSION OF CONTRACTORS; BY AMENDING
SECTION 4-206, ENTITLED "PERIOD OF DEBARMENT," BY
PROVIDING FOR PERIODS OF SUSPENSION AND REQUESTS FOR
REDUCING PERIODS OF SUSPENSION; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach deem it in the
best interest of the City to amend the City's debarment provisions and to create provisions and
procedures for the suspension of contractors under certain specified circumstances.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
42
SECTION 1.
That Division 5, entitled "Debarment of Contractors from City Work," of Article VI, entitled
"Procurement," of Chapter 2, entitled ''Administration," of the Miami Beach City Code is hereby
amended as set forth below. Other sections in Division 5 are also provided for reference
purposes.
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE VI. PROCUREMENT
DIVISION 5. Debarment of Contractors from City Work
Sec. 2-397. Purpose of debarment and suspension.
(a) The city shall solicit offers from, award contracts to, and consent to
subcontractors with responsible contractors only. To effectuate this policy, the
debarment and suspension of contractors from city work may be undertaken.
(b) The serious nature of debarment and suspension requires that this sanction be
imposed only when it is in the public interest for the city's protection, and not for
purposes of punishment. Debarment and suspension shall be imposed in
accordance with the procedures contained in this division.
Sec. 2-398. Definitions.
As used in this division:
{a) Affiliates. Business concerns, organizations, lobbyists or other individuals are
affiliates of each other if, directly or indirectly, (i) either one controls or has the power
to control the other, or (ii) a third party controls or has the power to control both.
Indicia of control include, but are not limited to, a fiduciary relation which results from
the manifestation of consent by one individual to another that the other shall act on
his behalf and subject to his control, and consent by the other so to act; interlocking
management or ownership; identity of interests among family members; shared
facilities and equipment; common use of employees; or a business entity organized
by a debarred entity, individual, or affiliate following debarment of a contractor that
has the same or similar management, ownership, or principal employees as the
contractor that was debarred or suspended.
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(b) Civil judgment means a judgment or finding of a civil offense by any court of
competent jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g., through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be awarded,
a city contract, including, but not limited to, vendors, suppliers, providers,
bidders, proposers, consultants, subcontractors, and/or design professionals;
or
(2) Conducts business, or reasonably may be expected to conduct business,
with the city as an agent, representative or subcontractor of another
contractor.
(d) Conviction means a judgment or conviction of a criminal offense, be it a felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict
or a plea, and includes a convictions entered upon a plea of nolo contendere.
(e) Debarment means action taken by the debarment committeeJ. or by the mayor and
city commission as provided in this division, to exclude a contractor (and, in limited
instances specified in this division, a bidder or proposer) from city contracting and
city approved subcontracting for a reasonable, specified period, as provided in
subsection m below; a contractor so excluded is sebarred not to exceed five (5)
years.
(f) Debarment committee means a group of seven (7) individual members. each
appointed by the mayor and individual city commissioners. to evaluate and, if
warranted, to impose debarment or suspension.
{g) Designated Investigator means the person (or persons) charged by the city manager
with the duty to investigate and prepare a written report concerning a proposed
debarment or suspension, including the cause and grounds therefor. and whether
there is probable cause to support the request for suspension or debarment
f§t.(b}_ Greater weight of the evidence means proof by information that, compared with
that opposing it, leads to the conclusion that the fact at issue is more probably true
than not
f:hjffi__lndictment means indictment for a criminal offense. An information or other filing
by competent authority charging a criminal offense shall be given the same effect as
an indictment.
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fif.(j}__Legal proceeding means any civil judicial proceeding to which the city is a party
or any criminal proceeding. The term includes appeals from such proceedings:.
ffii!sL_Ust of deban-ed contractors means a list compiled, maintained and distributed by
the city's procurement office, containing the names of contractors debarred under the
procedures of this division.
(k!) List of suspended contractors means a list compiled, maintained and distributed
by the city's procurement office containing the names of contractors suspended under
the procedures of this division.
(m) Probable cause means that there is cause to believe that a contractor is guilty of
an act or actions that are cause for suspension or debarment as provided in this division.
{trr) Suspension means action taken by the debarment committee, or by the mayor
and city commission as provided in this division, to exclude a contractor, (and. in limited
instances specified in this division, a bidder or proposer) from city contracting and city
approved subcontracting for a reasonable specified period. not to exceed two (2) years.
Sec. 2-399. List! of debarred and suseended contractors.
(a) The city's procurement office, as the agency charged with the implementation of
this division, shall:
(1) Compile and maintain a current, consolidated list (list) of all contractors
suspended or debarred 3M by the city departments. Such list§ shall be
public record and shall be available for public inspection and
dissemination;
{2) Periodically revise and distribute the list and issue supplements, if
necessary, to all departments, to the office of the city manager, and to the
mayor and city commissioners; and
(3) Included in the list§ shall be the name and telephone number of the city
official responsible for its maintenance and distribution.
{b) The debarment and suspension list§ shall indicate:
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{1) The names and addresses of all contractors debarred, or suspended, in
alphabetical order;
(2) The name of the city department that recommended& initiation of the
debarment or suspension action;
(3) The cause for the debarment or suspension action, as is further described
herein, or other statutory or regulatory authority;
(4) The effect of the debarment or suspension action;
{5) The termination date for each listing;
(6) The contractor's certificate of competency or license number, when
applicable; and
(7) The person through whom the contractor is qualified, when applicable.:.~
(8) +he name and telepho~ the point of oontact in the department
recommending the debarment or suspemsign action.
(c) The city's procurement office shall:
(1) In accordance with internal retention procedures, maintain records
relating to each debarment or suspension;
(2) Establish procedures to provide for the effective use of the debarment
and suspension list§., including internal distribution thereof, to ensure that
departments do not solicit offers from, award contracts to, or consent to
subcontracts with contractors on the list§.; and
(3) Respond to inquiries concerning listed contractors and coordinate such
responses with the city department that recommended the action.
Sec. 2·400. Effects of debarment and suspension.
{a) Debarred or suspended contractors are excluded from receiving contracts, and
city departments shall not solicit offers from, award contracts to, or consent to
subcontracts with these contractors, unless the city manager determines that an
emergency exists justifying such action, and obtains approval from the mayor
and city commission, which approval shall be given by a five-sevenths (5/7ths)
vote of the city commission at a regularly scheduled city commission meeting.
Debarred or suspended contractors are also excluded from conducting business
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with the city as agents, representatives, subcontractors or partners of other
contractors.
(b) Debarred or suspended contractors are excluded from acting as individual
sureties.
Sec. 2-401. Continuation of current contracts/disqualification from bids.
(a) Commencing on the effective date of this division, all proposed city contracts, as
well as request for proposals (RFP), request for qualifications {RFQ), requests fur
letters of interest (RFLI), or bids issued by the city, shall incorporate this
ordinance and specify that debarment or suspension may constitute grounds for
termination of the contract, as well as disqualification from consideration on any
RFP, RFQ, ~or bid.
(b) The debarment or suspension shall take effect in accordance with the notice
provided by the city manager pursuant to subsection 2-405(hl) below, except that
if a city department has contracts or subcontracts in existence at the time the
contractor was debarred, or suspended, the debarment or suspensio!J period
may commence upon the conclusion of the contract, subject to approval of same
by a five-sevenths (5/?ths) vote of the mayor and city commission at a regularly
scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contracts, or consent to subcontracts with debarred or suspended, contractors,
unless the city manager determines that an emergency exists justifying the
renewal or extension or for an approved extension due to delay or time extension
for reasons beyond the contractor's control, and such action is approved by a
five-sevenths (5/?ths) vote of the mayor and city commission at a regularly
scheduled meeting.
(d) No further work shall be awarded to a debarred or suspended contractor in
connection with a continuing contract, where the work is divided into separate
discrete groups and the city's refusal or denial of further work under the contract
will not result in a breach of such contract.
Sec. 2·402. Restrictions on subcontracting.
(a) When a debarred or suspended contractor is proposed as a subcontractor for
any subcontract subject to city approval, the department shall not consent to
subcontracts with such contractors unless the city manager determines that an
emergency exists justifying such consent, and the mayor and city commission
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47
approves such decision, by a five-sevenths (5/7ths) vote, at a regularly
scheduled meeting.
(b) The city shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred or suspended prior to bid opening or opening of
proposals, where the contract was awarded by the city pursuant to an RFP, RFQ,
~or bid.
Sec. 2-403. Debarment and suspension.
(a) The debarment committee or. at its option and bY. a majority vote, the mayor and
city commission, may, in the public interest, debar or suspend a contractor for
any of the causes listed in this division, using the procedures outlined below. The
existence of a cause for debarment or suspension, however, does not
necessarily require that the contractor be debarred or suspended; the
seriousness of the contractor's acts or omissions and any mitigating factors
should be considered in making any debarment or suspension decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning
or controlling 25 percent or more of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the
debarmentdebarred decision is limited by its terms to specific divisions,
organizational elements, or commodities. The debarment committee's (or the
mayor and city commission's, as the case may be) decision includes any existing
affiliates of the contractor, if they are (i) specifically named and (ii) given written
notice of the proposed debarment and an opportunity to respond.
(c) Suspension constitutes suspension of all officers, directors, shareholders owning
or controlling 25 percent or more of the stock. partners, divisions or other
organizational elements of the suspended contractor, unless the suspension
decision is limited by its terms to specific divisions, organizational elements, or
commodities. The debarment committee's (or the mayor and city commission's}
decision includes any existing affiliates of the contractor, if they are (i} specifically
named and (ii) given written notice of the proposed suspension and an
opportunitY. to respond.
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@ A contractor's debarment or suspension shall be effective throughout city
government
{§1 Nothing in this division shall preclude the city from pursuing any other available
legal or equitable remedies against the contractor.
Sec. 2-404. Causes for debarment and sus(!ension.
(a) Debarment. +he-debarment committee shall debar a8._contractor shall be
debarred for a conviction or civil judgment:
(1) For commission of a fraud or a criminal offense in connection with
obtaining, attempting to obtain, performing, or making a claim upon a
public contract or subcontract, or a contract or subcontract funded in
whole or in part with public funds; or
(2) For violation of federal or state antitrust statutes relating to the
submission of offers; or
(3) For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property; or
{4) For commission of any offense indicating a lack of business integrity or
business honesty that may seriously and directly affect the present
responsibility of the contractor on a city contract or subcontractor; or
@ For commission of any criminal activity as defined in Chapter 772 of the
Florida Statutes, and as that Chapter may be amended; or the aiding or
abetting of any offense in subsections (a)(1)-(3} or (a)(5); or
.@} Which makes the city the prevailing party in a legal proceeding, and a
court determines that the lawsuit bet'Neen-.fhe claim(s) filed by the
contractor 8-RG against the city was frivolous or filed in bad faith.
(b) The debarment committeeA contractor may be debarred or suspended a
contractor (and, in limited instances set forth hereinbelow, a bidder or proposer)._ based
upon the greater weight of the evidence, for:
(1) Violation of the terms of a city contract or subcontract, or a contract or
subcontract funded in whole or in part by city funds, stiGR including,
8
49
without limitation, failure to perform or unsatisfactory performance in
accordance with i) one or more of the terms of such contract& or
subcontract, as certified by the city department administering the contract~
or ii) the specifications and/or budget or within the time limit provided in
the contract or the failure to perform, or unsatisfactorily perform in
aGGerdance with the terms of one or more contracts, as certified by an
independent registered architecl,-eR€JffieeF;-OF general-oontractor; or
(2) A consistent pattern or documented historv of significant deviation from
contract specifications, engineering standards, design or material
requirements or safety regulations. where such pattern or history has first
been presented to the contractor by the city department administering the
contract, and where the contractor continues to engage in such
deviations; or
@ Violation of the ethical standards set forth in local. state. or federal law, or
knowingly failing to disclose criminal or fraudulent conduct relating to
public procurement, public officials, or the public trust; or
.{11 By reason of a contractor's admitted commission, aiding. or abetting of
any offense specified in subsection (a); or
!§} Violation of a city ordinance or administrative order which lists debarment
or suspension as a potential penalty; or.,.
@ For any other cause so serious or compelling of a nature that it seriously
and directly affects the responsibility of the contractor on a city contract or
subcontract.
Sec. 2-405. -Debarment and suspension procedures.
(a) Requests for the debarment or suspension of .2 contractors may be initiated by a
city department or by a citizen-at-large and shall be made in writing on a form
promulgated by the city administration (and approved by the_ city commission) to
the office of the city manager. Upon receipt of a request for debarment or
suspension, the city manager shall transmit the request to the mayor and city
GOmmission at a regularly scheduled meeting. The mayor and city commission
shall transmit the request to a designated investigator person or persons who
shall be charged by the city manager~ with the duty of promptly
investigating and preparing a written reportf&) concerning the proposed
debarment or suspension, including the cause and grounds for debarment or
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50
suspension, as set forth in this division, and the designated investigator's findings
and recommendation as to whether probable cause exists to proceed with the
reguest or whether the matter should be dismissed.
(b) Upon completion of the aforestated written report, the city manager shall forward
said report to the mayor and cit'{ commission at a regularly scheduled meeting.
The mayor and city commission shall consider the designated investigator's
written report and recommendation and determine whether:
(i} a hearing for debarment or suspension should be conducted; or
{ii) no probable cause exists for the allegations in the written request for
debarment or suspension and the matter should be dismissed: or
(iii) further investigation should be made prior to considering whether a
hearing should be conducted or the matter should be dismissed: or
{iv) other action, as mal{ be appropriate. should be taken.
(c) If the mayor and city commission determine that a hearing should be conducted,
+the mayor and city commission shall forward the report to the debarment
committee or. at its option and by majority vote. the mayor and city commission
may elect to hear the matter as the trier of fact instead of the debarment
committee.
(e;d) Notice of proposal to debar or suspend. Within ten {1Q1 working days of the
debarment committeemayor and city commission having made a determination
that a hearing shall be conducted, received the request for debarment or
suspension and written report, the city's procurement office, on behalf of the
E!ebarment commi-ttee, shall issue a notice of proposed debarment or suspension
advising the contractor and any specifically named affiliates, by certified mail,
return receipt requested, or personal service, containing the following
information:
(1) That debarment or suspension is being considered;
(2) The reasons and causes for the proposed debarment or suspension in
terms sufficient to put the contractor and any named affiliates on notice of
the conduct or transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the debarment committee~
the mayor and city commission pursuant to a majority vote of the mayor
and city commission. on a date and time not less than thirty f30l days
after service of the notice. The notice shall also advise the contractor that
10
51
it may be represented by an attorney, may present documentary evidence
and vemat testimony, and may cross examiA& rebut evidence and Q[Q2§:
examine testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment or suspension, and of the potential effect of an
actual debarment or suspension.
(~ No later than seven ill working days prior to the scheduled hearing date, the
contractor must furnish the city's procurement office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven m working days prior to the hearing, or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The debarment committee, or if heard by
the mayor and city commission. the mayor and city commission has the right to
grant or deny an extension of time, and, for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
(ef) Hearsay evidence shall be admissible at the hearing but shall not form the sole
basis for initiating a debarment or suspension procedure nor the sole basis of
any determination of debarment or suspension. The hearing shall be transcribed,
tapedl. or otherwise recorded by use of a court reporter, at the election of the
committee or. if heard by the mayor and city commission, at the election of the
mayor and city commission and at the expense of the city. Copies of the hearing
tape or transcript shall be furnished at the expense and request of the requesting
party .
.(gl The city's procurement office shall act as staff to the debaFment committeetrier of
fact and, with the assistance of the designated investigatorperson or per.sens
which prepared the repoft, present evidence and argument to the trier of
factdebarment committee.
!1J.l The city attorney's office shall represent the trier of fact and may present
evidence and testimony at the debarment or suspension hearing and 1}1ay rebut
evidence and cross-examine testimony presented at the debarment hearing.
({D Debarment committee's or suspension decision. In actions based upon a
conviction or judgment, or in which there is no genuine dispute over material
facts, the debarment committee shall make a decision shall be made on the
basis of all the undisputed, material information in the administrative record,
11
52
including any undisputed, material submissions made by the contractor. The
debarment committee or, if heard by the mayor and city commission, the mayor
and city commission. shall be the sole trier of fact. Where actions are based on
disputed evidence, the debarmeAt commltteetrier of fact shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its
decision on the greater weight of the evidence standard. The debarmer1t
committee shall be the sole trier of fact. The committee'sdecision shall be made
within ten .(1Q} working days after conclusion of the hearing, unless the
debarment committee exteAds thisperiod is extended for good cause.
(gi) The committee'sdecision shall be in writing and shall include the
committee:sfactual findings, the principal causes of debarment or suspension as
enumerated in this division. identification of the contractor and all named affiliates
affected by the decision, and the specific term, including duration, of the
debarment or suspension imposed.
(t:lk) Notice of debarment G~or suspension decision.
( 1) If tf:te-GebarmeAt cemmittee decides to im~ebarment or suspension
is imposed, the city manager shall give the contractor and any named
affiliates involved written notice by certified mail, return receipt requested,
or hand delivery, within ten .{1Ql working days of the decision, specifying
the reasons for debarment or suspension and including a copy of the
~written decision; stating the period of debarment or
suspension, including effective dates; and advising that the debarment or
suspension is effective throughout the city governmenttlepaftments.
(2) 1f 9Q.ebarment or suspension is not imposed, the city manager shall notify
the contractor and any named affiliates, by certified mail, return receipt
requested, or personal service, within ten .{1Ql working days of the
decision.
(il) Ali decisions ef the debarment committeeof debarment or suspension shall be
final and shall be effective on the date the notice is signed by the city manager.
Decisions ef the debar:meRt-cemmitteeare subject to review by the Appellate
Division of the Circuit Court. A debarred or suspended contractor may seek a
stay of the debarment or suspension decision in accordance with the Florida
Rules of Appellate Procedure.
12
53
Sec. 2-406. -Period of debarment or suspension.
(a) The period of debarment or suspension imposed shall be within the sole
discretion of the debarment oommitteetrier of fact. Debarment or suspension
shall be for a period commensurate with the seriousness of the cause(s), and,
where applicable, within the guidelines set forth below, but in no event shall
debarment exceed five i§l years, or suspension exceed two (2) years.
(b) Debarment. The following guidelines for the period of debarment shall apply
except where mitigating or aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2-404(a){1 ):
Five @ years.
(2) For commission of an offense as described in subsection 2-404(a)(2):
Five @ years.
(3) For commission of an offense as described in subsection 2-404(a)(3):
Five @ years.
(4) For commission of an offense as described in subsection 2-404(a)(4):@l:
Two .{£) to five @ years.
(5) For commission of an offense as described in subsections 2-404f.Ql~
~: Two.{£) to five@ years.
(c) Suspension. The following guidelines for the period of susQension shall apQIY
except where mitigating or aggravating circumstances justify deviation:
For commission of an offense as described in subsection 2-404(b ):
Up to two (2) years.
@ The ~trier of fact may, in its sole discretion, reduce the
period of debarment or suspension, upon the contractor's written request, for
reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment or
suspension was based;
(3) Bona fide change in ownership or management;
13
54
(4) Elimination of other causes for which the debarment or suspension was
imposed; or
(5) Other reasons the ~mitteetrier of fact deems appropriate.
(e) The debarred or suspended contractor's written request shall contain the reasons
for requesting a reduction in the debarment or suspension period. The city's
procurement office, with the assistance of the affected department, shall have
thirty (301 days from receipt of such request to submit a written response thereto.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the~-day of December, 2012.
PASSED and ADOPTED this __ day of ______ , 2012.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and strike throug-R denotes deletions
F:\ATTO\AGUR\RESOS.ORD\Debarment and Supsension of Contractors tl"om City Work (Option B 12-6-l2).docx
APPROVED AS TO
FORM & LANGUAGE
&. &. : F00~UTION . ..
__ /~ 11\ \., \cL
~~--~~~>e'ityAttorney(iJ\( ~ --·-·· (JX} I /'-.
14
55
~------------------------------------~~
MIAtv\1 BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that pub!!c heatings wili be held by tile Mayor and City Commission cf the City of Miami Beach, in llle
Commission Chambers, 3rd Floor, City Half, !700 Conven1Jon Genter DtiVe,Miaml6each, Rorida, on WediUlsday, December 12,2012,
to co!\'lider lhe f011owing:
10:30a.m.
ORDINANCE OF THE MAYOR AND CI'!Y COMMISSION OF TiiE CITY OF MltU\11 BEACH, FLORIDA, Af.!ENOING GHI\PTER 10 OF THE
M!l\MI BEACH CITY CODE ENTITLED "ANIMALS," flY !\MENDING SECTION 1 0·11, ENTITLED "RUNN1NG AT LARGE PROHIBITED; BY
EXTENDING THE PILOT PROGMM OFF-LEASH MEA ffiR DOGS !t.J SOUTH POiNTE PARK THROUGH AND INCLUD\NG MARCH 31, 2013.
lnqtlries may be directed io tlw Par1<s and Recreation Oer>artmeni (305}673· 7730.
I
;
11;1)(la.m. :
ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FlORIDA, AMENDING CHI\PTER 2 Of i'
THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY JIMENDING ARTICLE VI, ENIDLfO "PROCUREMENT," BY
AMENDING DIVISION 5, ENTITLED "DEBARMENT Of CONTRACTORS FROM CITY WORK," BY AMENDING SECTION 2-397,
ENTITLED "PURPOSE OF DEBARMENT," TO PROVIDE THE PURPOSE FOR SUSPENSIONS; BY AMENOJNG SECTION 2-398,
ENTITLED "DEFINITIONS," TO PROVIDE ADDITIONAL DEFINITlONS REGARDING SUSPENSION Of CONTRACTORS; BY AMENDING
SECTION 2-399. ENll1lED "UST OF DEBIIHREO GO~IMCTORS," TO PROVIDE FOR THE ADDITIONAL LISTING Of SUSPENDED
CONTRACTORS; BY AMENDING SECTION 2-400, !:NTlllED "EFFECTS Of DEBARMENT" TO PROVIDE FOR THE EfFECTS OF
SUSPENSION; BY AMENDING SECTION 2-401, ENTITlED ''CONTINUATION Of CURRENT CONTRACTS," TO PROVIDE THAT
SUSPENSION MAY AFFECT THE CONTINUATION OF CURRENT CON'Il1ACTS OR BIOS; BY AMENDING SECTION 2-402, ENTITLED r
"RESTRICTIONS ON SllBGONTRAC11NG," TO PROVIDE FOR RESTRICTlONS ON SUSPENOEO CONTRACTORS; BY AMENOING
SECTION 2-403; ENTITLED ''DEBARMENT;· TO PROVlDE FOR THE MAYOR ANO CITY COMMISSION, AT ITS OPTION AND BY
MAJORfJY VOTE, TO HEAR DEBARMENT OR SUSPENSION MATTERS, fiNO TO PROVIDE FOR PROCEDURES FOR THE SUSPENSION
OF CONTRACTORS; BY AMENDING SECTION 2-404, ENTnlEO "CAUSES FOR DEBARMENT," BY PROVIDING F{)R ADDITIONAL
CAUSES FOR DEBARMENT. AND TO PROVIDE FOR CAUSES FOR SUSPENSION: BY At\A.ENOING SECTION 2-405, ENTITLED
"DEBARMENT PROCEDURES," TO AMEND THE PROCEDURES FOR DEB!\RMENT AND TO PROVIDE. PROCEDURES FOR THE
SUSPENSION OF CONTRACTORS; BY AMENDING SECTION 4-206, ENTJTlED "PERIOD OF DEBARMENT," BY PROVIDING FOR
PERIODS Of SUSPENSION AND REQllt..''nS FOR REDUCING PERIODS OF SUSPENSION.
lnqlities may be directed to the City Attorney's Office {305\ l\73-7 470
5:01p.m.
ORDINANCE AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 Of THE CODE OF THE
CITY OF MIAMI BEACH. FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIACATION FOR THE: PMCEL KNOWN AS THE
"MIAMI HEAR'IINSTHliTE," MORE P/1RTICULARLY DESCRIBED IN THE LEGI\l DESCRIPTION 1\TT/\CHEO AS EXHIBIT "II" HERETO,
FROM THE CURRf:NT ZONING CLASSIFICATION HD, ''HOSPITAl D!SffiiCT," TO THE PROPOSED ZONING CtASSIFICATION RM·1,
"RESlOENTIAL MliLTl-FAMILY LOW INTENSITY."
InqUiries may be directedlo tlJe Plal\'l!ng Department (305) 673-7550.
5:15p.m.
PMKING DISTRICT t>JO. 5 • SUNSET H/IRBOUA
ORDINANCE AMEt~OING THE CODE OF THE CITY OF !vMMI BEACH, FLORIDA BY AMENDING Cliflf'TER 130, "OFF-STREET
PARKING," ARTICLE If "DISTRICT; REQUIREMENTS," SECTION 130-31 "PARKING OlSTRIGTS EST.ABUSHEO," BY CREATING
A NE\'11 PARKING DISTRICT NO. 5; AMENDING SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PMKING
DISTRICTS NOS. 2, 3 AND 4," BY ADDING NEW PARKING REGULATIONS FOR PMKING DlSTRIGT NO. 5 FOR PROPERTIES
GENEMUY BOUNDED BY PtJRD\' AVENUE ON THE WEST 20TH STREET ON THE NORTH, ALTON ROAD ON THE EAST AND
01\0E BOULEVARD ON THE SOUTH: AMENDING SECTION 142-483, ''CON[}ITIOtlAL USES" BY ADDING TO lliE liST Of
CONDITIONAL USES IN THE 1·1 URB.i'\N UGHT INDlJSTRlAL OfSTiliCT; AMENDING CHAPTER 142, ARTIClE II, "DISTRICT
REGULATIONS," DrVISION 5, "C0-2 COMMERCIAL MEDIUM INTENSITY DISTRICT," BY AMENDING SECTIONS 142-302, "MAIN
PERMITTED USES," SECTION 142-303, ''CONDITIONAL USES," AND SECTION 142-305, "PROHIBITED USES,'' BY Cl.ARIFYING
THE PERMITTED, PROHIBITED AND CONOITlOt-iAL USES lN PARKING DISTRICT 115.
lnqliries may be directed to the Parking Oepar1meot (305) !)7:] -727 5.
INTERESTED PARTIES are irw~ed to appear at this meeting. or he represented by an agenl, or to elljlress their views in wrltln~
addressed to the City Commission, c/o the City Cieri(, 1700 Convenlion Cer:ter OliVe, 1st Floor, City Hail, Miami Beach, Florida 33139.
Copies !If these items are availa!lle for public inspection owing !lOOnal business hours in the City Clerk's Office, 1?00 Convention
Center Drive, 1st Floor, City Hall, Mian~ Beach, Florida 331:39. Tllis meeting may be continl.'Bd, and w1der such circumstances
adr.litior.allegai notice wiil not be provided.
Rafuel E. Granado, City Cler1<
City of IWamt Beach
Pursuant to Section 286.0105, Fla. Stat. ihe City 11ereby advises tl1e p~'blic 111at if a person decides to appeal any decision made by
the C~y r.ommisslm with respect to any matter considered at illl meeting or its tmaring, such person must ensure that a verbatim
record of l11e proceedings ls made, which record includes tile testimony and evidence upon w!~ch lhe appeal is to be based. This
notice does no! constitute consent by the City for the introduction or admtssion of otherwise inadmissible or irraevant evidence, nor
does ii authorize challenges or appeals not oU1arwise al!oweti by !aw.
To request this materia! in accessible format, sign language :nterpreters, information on access lor persons with dlsaililities, and/
or any accommodation to review any document or particir:aie in any Ci!y-s~onsorad proceeding. please contact us fiva dill'S In
advance at (305) 673-7411 (voice) or TIY users may also cal! ttH~ Florida Relay Service at 711.
M#~ i
55------------------!
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures,
Facilities And Vehicles," By Amending Article li, To Be Entitled "Restricted Wake Zones," To Create Regulations For
Restricted Wake Zones; Providing For A Purpose; Providing For Definitions; Providing For Restricted Areas; Providing For
Posting Of Regulatory Markers; Providing For Exemptions; Providing For Enforcement And Penalties; Providing For
Repealer, SeverabiHty, Codification, And An Effective Date.
Key Intended Outcome Supported:
Increase community satisfaction with City government
Enhancefueenv~on~e~alsus~~ab_H_~~y_o_f_fu_e_c_o_m_m __ u_ni~~~·~~--~~~~~~-~~~~--~~~~--~-~
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The proposed ordinance would provide regulations for the safe operation of motorboats and other vessels in or upon
waters within the jurisdiction of the City of Miami Beach. The City has the authority to create such an ordinance based on
Section 327.46, Florida Statutes (F.S.) which went into effect October 1, 2009. Section 327.46, F.S. encourages local
governments to establish boating restricted areas where needed. The proposed ordinance would establish a mix of zones:
there are three "idle speed no wake" (no wake) zones and two "slow speed minimum wake" (slow speed) zones. The
proposed ordinance would create three of this type of no wake zone: (1) the area surrounding the fuel pump within the
Miami Beach Marina, {2) the area surrounding the public access boat ramp within the Maurice Gibb Memorial Park, and
(3) the area surrounding the blind corner presented by the northwest corner of the Sunset Harbor Yacht Club marina.
According to Sectton 327.46, F.S., slow speed zones, can be created where traffic and safety remain concerns, although
to a less critical extent
Section 327.46, F.S. additionally provides for the creation of slow speed zones with FWC approval where need can be
demonstrated by substantial competent evidence. The Florida Administrative Code, Section 68D-21.001 states that
substantial competent evidence is established by boating accident reports and damage to vessels within a specific area.
The waters just west of Sunset Harbor present a serious safety hazard. The public access boat ramp grants kayaks,
paddle boards, and other self-powered recreation uses access to the water. At the same boats and jet skis move quickly
by at sometimes alarming speeds. An additional, slow speed zone would be created in this area to address the
considerable threats to safety and quality of life. The Sunset Harbor Yacht Club has sustained considerable damage as a
result of large wakes created by passing boats and will compile data corresponding to damages and boating accident
reports within the area in question. The Yacht Club will provide the data to the FWC as the required substantial competent
evidence required by the state statute prior to the FWC's review of the ordinance.
The FWC has conducted a preliminary review of the proposed ordinance and has no issue with the proposed wake
restricted areas. Attached please find a map which depicts the locations of the proposed restricted wake zones as
discussed with the FWC.
Additionally, it is recommended that the No Wake Zone Ordinance be referred to the Neighborhoods and Community
Affairs Committee in-between first and second reading for its further consideration.
Adviso Board Recommendation:
On September 24, 2012, the Neighborhoods Committee held a discussion relative to this ordinance and unanimously
voted to transmit the proposed ordinance to the City Commission with a favorable recommendation. On October 9, 2012,
the Marine Authority held a discussion relative to this ordinance and unanimously voted to transmit the proposed ordinance
, to the Ci!Y Co!!lmission wi}h a favorable recommendation
Financial Information:
Account Approved Source of Funds: I Amount 1
b-ToJ I-= j ____ ·--~~--'-----~--1 OBPI
Financial Impact Summary;The proposed Ordinance should not have a significant fiscal impact upon the City, as this
Ordinance would only require installation of"idle speed no wake" {no wake) and "slow speed minimum wake" (slow speed)
si ns. (;E_nsidering that the Marine Patrol station is ~acent to th~ area there is no increase enforcement costs.
~Clerk's Office L~gislative Tracking:
1 Debbie T~rner -----------
MIAMI BEACH 57
AGENDA rTEM ........--~.R--'---='5''--F,___· _
DATE !2-/ L-IL
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.mlomibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of t~: fty /mission
Kathie G. Brooks, Interim City Manager/~\..._....
December 12, 2013
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND
VEHICLES," BY AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE
ZONES," TO CREATE REGULATIONS FOR RESTRICTED WAKE ZONES; PROVIDING
FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTED
AREAS; PROVIDING FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Increase community satisfaction with City government
Enhance the environmental sustainability of the community.
BACKGROUND
The proposed ordinance would provide regulations for the safe operation of motorboats and other
vessels in or upon waters within the jurisdiction of the City of Miami Beach. The City has the authority to
create such an ordinance based on Section 327.46, Florida Statutes (F.S.) which went into effect
October 1, 2009. Section 327.46, F.S. encourages local governments to establish boating restricted
areas where needed. The statute does, however, place specific limitations on where and for what
purposes boating restricted areas can be established. The statute identifies zones that be established
with state review, zones that can be established without state review, as well as areas which can be
designated for the purpose of public safety. The Florida Fish and Wildlife Conservation Commission
(FWC) is the agency responsible for conducting the aforementioned state review.
PROPOSED ORDINANCE
The proposed ordinance would establish a mix of zones: there are three "idle speed no wake" (no
wake) zones and two ''slow speed minimum wake" (slow speed) zones. Section 327.46, F.S. permits no
wake zones without FWC approval in critical areas which are characterized by high traffic levels and
present significant safety concerns. The proposed ordinance would create three of this type of no wake
zone: ( 1) the area surrounding the fuel pump within the Miami Beach Marina, (2) the area surrounding
the public access boat ramp within the Maurice Gibb Memorial Park, and (3) the area surrounding the
blind corner presented by the northwest corner of the Sunset Harbor Yacht Club marina.
58
No Wake Zone I Slow Speed Zone
City Commission Meeting
December 12, 2012
Page 2 of3
According to Section 327.46, F.S., slow speed zones, can be created where traffic and safety remain
concerns, although to a less critical extent. The statute permits slow speed zones to be created without
FWC approval in specific areas which pose known risks to the community. The proposed ordinance
would create one of these areas around the south side the bridge connecting Belle Isle with Rivo Alto
Island.
Section 327.46, F.S. additionally provides for the creation of slow speed zones with FWC approval
where need can be demonstrated by substantial competent evidence. The Florida Administrative Code,
Section 680-21.001 states that substantial competent evidence is established by boating accident
reports and damage to vessels within a specific area. The waters just west of Sunset Harbor present a
serious safety hazard. The public access boat ramp grants kayaks, paddle boards, and other self-
powered recreation uses access to the water. At the same boats and jet skis move quickly by at
sometimes alarming speeds. An additional, slow speed zone would be created in this area to address
the considerable threats to safety and quality of life. The Sunset Harbor Yacht Club has sustained
considerable damage as a result of large wakes created by passing boats and will compile data
corresponding to damages and boating accident reports within the area in question. The Yacht Club will
provide the data to the FWC as the required substantial competent evidence required by the state
statute prior to the FWC's review of the ordinance.
The FWC has conducted a preliminary review of the proposed ordinance and has no issue with the
proposed wake restricted areas. Attached please find a map which depicts the locations of the
proposed restricted wake zones as discussed with the FWC.
It is recommended that the No Wake Zone Ordinance be referred to the Neighborhoods and
Community Affairs Committee in-between first and second reading for its further consideration as that
Committee approved the concept of a No Wake Zone at its September meeting, but it has not
considered the specific provisions of the proposed Ordinance.
COMMITTEE REVIEW
On September 24, 2012, the Neighborhoods Committee held a discussion relative to this ordinance
and unanimously voted to transmit the proposed ordinance to the City Commission with a favorable
recommendation.
On October 9, 2012, the Marine Authority held a discussion relative to this ordinance and unanimously
voted to transmit the proposed ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that
the City Administration evaluated the long term economic impact (at least 5 years) of this proposed
legislative action. The proposed Ordinance should not have a significant fiscal impact upon the City, as
this Ordinance would only require installation of "idle speed no wake" (no wake) and "slow speed
minimum wake" (slow speed) signs. Considering that the Marine Patrol station is adjacent to the area
there is no increase enforcement costs.
CONCLUSION
The waters surrounding the City of Miami Beach are one of the City's greatest sources of enjoyment.
The proposed restricted wake ordinance presents a proactive tool for increasing the safe enjoyment of
this City resource. The City should certainly make use of every avenue possible for increasing quality of
59
No Wake Zone I Slow Speed Zone
City Commission Meeting
December 12, 2012
Page 3 of 3
life for residents and m1mm1z1ng risks to safety. Further, this type of ordinance is specifically
encouraged by Section 327.46, F.S. for boating safety reasons.
Additionally, it is recommended that the No Wake Zone Ordinance be referred to the Neighborhoods
and Community Affairs Committee in-between first and second reading for its further consideration as
that Committee approved the concept of a No Wake Zone at its September meeting, but it has not
considered the specific provisions of the proposed Ordinance.
60
ORDINANCE NO. --------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACHt BY AMENDING CHAPTER 66, ENTITLED
"MARINE STRUCTURES, FACILITIES AND VEHICLESt" BY
AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE
ZONES/' TO CREATE REGULATIONS FOR RESTRICTED WAKE
ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING
FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENAL TIES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel operations,
including the speed and wake of vessels, under Sections 327.46 and 327.60 of the Florida
Statutes; and
WHEREAS, the City Commission has determined that the unregulated operation of
vessels on the waterways in the City of Miami Beach constitutes a potential hazard to the safety
and welfare of the citizens of City of Miami Beach; and
WHEREAS, vessels used as a means of transportation on water have been declared to
be dangerous instrumentalities in the State of Florida, pursuant to 327.32, Florida Statutes;
and
WHEREAS, boating restricted areas are necessary to avoid safety hazards to
persons, property, and marine life resulting from vessels traveling at excessive speeds; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW; THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Article II of Chapter 66 of the Miami Beach City Code is hereby amended to
provide for restricted wake zones as follows:
CHAPTER 66
MARINE STRUCTURES, FACILITIES AND VEHICLES
*
Article II. Reserved Restricted Wake Zones.
61
Sec. 66-41. Reserved Purpose.
The pun2ose of this ordinance is to provide regulations for the safe operation of
motorboats and other vessels in or upon the waters within the jurisdiction of the City of Miami
Beach consistent with Chapters 125 and 327, Florida Statutes, and Chapters 680-21 and/or
680-23, Florida Administrative Code. and as such Chapters and Codes shall be amended from
time to time.
Sec. 66-42. Definitions. The following words, terms and ghrases, when used in this Article, shall
have the meanings ascribed to them in this Article, except where the context clearly indicates a
different meaning.
"Boating-restricted Area" means an area of the waters of the state within which the operation
of vessels is subject to specified restrictions or from which vessels are excluded.
"Idle Speed" and "Idle Speed No Wake" indicates a boating restricted area which has been
established to protect the safety of the public. The terms may be used interchangeably and
mean that a vessel must proceed at a speed no greater than that which will maintain
steerageway and headway. At no time is any vessel required to proceed so slowly that the
operator is unable to maintain control over the vessel or any other vessel or object that it has
undertow.
''Idle Speed No Wake Zone" means an area of a waterway in which a vessel cannot proceed
at a speed greater than that specified by the Idle Speed No Wake definition.
"No wake" means that vessel speed which is the minimum required to maintain headway and
does not produce a wake.
"Regulatory marker' means a device used to alert the mariner to various regulatory matters
such as horse!::gwer, speed, wake. or entry restrictions in conformity with the Uniform State
Waterway Marking System and the United States Aids to Navigation System, Part 62 of Title
33 of the Code of Federal Regulations.
"Slow Speed" and "Slow Speed Minimum Wake" indicates a boating restricted area which
has been established to protect the safety of the public. The terms may be used
interchangeably and mean that a \.esse! must be fully off plane and completely settled into the
water. The vessel must then proceed at a speed which is reasonable and prudent under the
prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous
conditions which endanger or are likely to endanger other vessels or other persons using the
waterway. At no time is any vessel required to proceed so slowly that the operator is unable to
maintain control over the vessel or any other vessel or oblect that it has under tow.
"Slow Speed Minimum Wake Zone" means an area of a waterway in which a vessel cannot
proceed at a speed greater than that specified by the Slow Speed Minimum Wake definition.
"Speed Zone" means any area lawfully posted as a slow speed minimum wake area or idle
speed no wake area.
2
62
"Vessel" is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution
and includes every description of watercraft, barge, and airboat. other than a seaplane on the
water, used or capable of being used as a means of transportation on water.
"Vessel wake" means the movement of waves created by the motion of the vessel. It is the
track or path that the vessel leaves behind. Vessel operators shall be responsible for their own
wake and liable for any damage it may cause.
"Wake" means when used in conjunction with a numerical size limit all changes in the vertical
heigtlt of the water's surface caused by the passage of a vessel including, but not limited to, a
vessel's bow wave, stern wake, and propeller wash, measured from the ambient tide level to
the crest of the vessel's wake at a distance of not less ttlan 25 feet from the vesseL
Section 66-43. Restricted Areas.
A. The areas of enforcement of the provisions of this Ordinance shall be all public navigable
waters, creeks, lakes, canals and channels, as provided herein, whether natural or manmade,
located within the boundaries described below for the purpose necessary to protect the safety
of the public as such restrictions are necessary based on boating accidents. visibility,
hazardous currents or water levels, vessel traffic congestion, or other navigational hazards in
compliance with Section 327.46, Florida Statutes.
B. fd!e Speed No Wake zones shall be established at the following locations:
jJ Within a 500 foot radius around the fuel pump within the Miami Beach Marina
located at 300 Alton Road, Miami Beach, FL.
.Q Within a 500 foot radius of the public access boat ramp within the Maurrce Gibb
Memorial Park.
;n Within a 300 foot radius of the blind corner presented by the northwest corner of
the Sunset Harbor Yacht Club Marina which obstructs the view between the
Biscayne Bay and the channel between the Miami Beach Island and Sunset
Island IV.
C. Slow Speed Minimum Wake zones shall be established at the following locations:
jJ Within a 300 foot radius of the south side of the bridge connecting Belle Isle with
Rivo Alto Island .
.Q That portion of Biscayne Bay which lies west of the Sunset Harbor area of Miami
Beach, north of the eastern portion of the Venetian Causeway and Belle Isle,
extending south from the approximate center of Sunset Island IV, and east of Rivo
Alto Island, excluding the shoal bounded by Markers 3, 4, and 5; additionally
excluding areas otherwise designated herein.
3
63
Section 66-44. Posting of Regulatory Markers.
Implementation of the boating restricted areas is contingent upon recetvmg all
applicable state and/or federal authorizations to insure compliance with Chapter 680-23, Florida
Administrative Code and to assist in navigation consistent with the United States Aids to
Navigation System.
Regulatory markers shall be installed and maintained to alert boaters to the existence
and boundaries of the boating restricted areas established herein. All regulatory markers shall
comply with the standards and regulations provided by state law, specified in Chapters 680-
23.108 and 680-23.109, Florida Administrative Code. No person shall be charged with a
violation of this ordinance prior to the posting of regulatory markers as required by this Section.
All areas designated as "boating restricted areas" shall be so posted with regulatorv
markers that are in accordance with the provisions of the Florida Fish & Wildlife
Conservation Commission's Uniform Waterway Marking System.
Section 66»45. Exemptions.
The restrictions created by this Ordinance shall not apply to vessels of any federal, state,
county or municipal agency while operated by an officer. employee or agent thereof who is
engaged in faw enforcement or other necessary municipal or governmental activity.
Section 66-46. Enforcement and penalties.
The provisions of this section may be enforced by the Miami Beach Police Department.
the Division of Law Enforcement of the Florida Fish and Wildlife Conservation Commission
and its officers, and any other authorized law enforcement officer as defined in Section
943. 1 0. Florida Statutes and in accordance with Section 327.70, Florida Statutes.
Pursuant to Section 327.73. Florida Statutes, any person cited for a violation of any
provision of this Ordinance shaH be deemed to be charged with a noncriminal infraction.
shall be cited for such an infraction, and shall be cited to appear before the county court.
The civil penalty for any such infraction is $50. except as otherwise provided by statute.
SECTION 2. SEVERABILITY.
If any section, sentence, clause, or word of this section is for any reason declared to be
unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions
shall not be affected.
SECTION 3. REPEALER.
Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict
with this Ordinance, is hereby repealed to the extent of such conflict.
4
64
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach, Florida, as amended, The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of , 2013, and upon
posting of the regulatory markers permitted In accordance with Sections 327.40 and 327.41,
Florida Statutes and the provisions in Chapter 680-23, Florida Administrative Code,
PASSED and ADOPTED this ___ day of December, 2012.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Jorge Exposito)
Underline denotes additions
Strike tl:lreugfi denotes deletions
F:\ATTO\TURN\ORDINANC\No Wake Zones-2012.docx
5
65
MATTI HERRERA BOWER
MAYOR
THIS PAGE INTENTIONALLY LEFT BLANK
66
RESOLUTION NO. ________ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
DONATION FROM THE LEVINE FAMILY OF A MEMORIAL
BENCH DESIGNED BY AGUSTINA WOODGATE HONORING
THE COMMUNITY LEGACY OF I. STANLEY LEVINE, FOR
PLACEMENT ON THE NINE HUNDRED BLOCK OF LINCOLN
ROAD; AND FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH THE LEVINE FAMILY
ESTABLISHING A MAINTENANCE RESERVE ACCOUNT OF
$1,000 FOR THE FIRST YEAR OF MAINTENANCE AND
REPAIRS TO SAID MEMORIAL BENCH
WHEREAS, on December 8, 2010, the City Commission, at the request of Mayor Bower,
referred a request by the Levine family for the establishment of a monument or memorial on
Lincoln Road in honor of I. Stanley Levine, to the Neighborhood/Community Affairs Committee
(NCAC); and
WHEREAS, on January 11, 2011, the NCAC passed a motion to recommend the
approval of a memorial bench, to be placed on Lincoln Road in honor of Mr. Levine; and
WHEREAS, on October 5, 2011, the AiPP Committee met and passed a motion
recommending the approval of a proposed memorial bench, to be designed by the artist,
Agustina Woodgate; and
WHEREAS, on November 8, 2011, the Historic Preservation Board (HPB) reviewed and
approved the proposed memorial bench; and
WHEREAS, on December 1, 2011, the City retained professional art conservator Rosa
Lowinger and Associates {RLA) to review the proposed methods and materials under
consideration by the artist, and determined that the projected annual maintenance costs for the
proposed memorial bench were estimated at $1,000 for the first year; and
WHEREAS, on September 25, 2012, the AiPP Committee met and unanimously passed
a motion withdrawing its previous support for the memorial bench; the AiPP Committee felt that
public funds should not pay for the establishment of a private memorial (by a third party) on
public property (and thereby setting a precedent which would allow others to make similar
requests); and
WHEREAS, on October 15, 2012, following extensive discussion and public comment,
the NCAC passed a motion recommending the establishment of a memorial to honor Mr.
Levine, by way of the placement of the proposed memorial bench (by the artist, Agustina
Woodgate), which would be donated to the City by the levine family and placed on the 900
Block of Lincoln Road; and
WHEREAS, the NCAC's recommendation was further conditioned on the proviso that
the Levine family establish a maintenance reserve account to cover professional art restoration
services that might be required to maintain the bench; above and beyond the City's standard
maintenance for Lincoln Road Mall; and
67
Agenda Item RJ I±
Date }-2.-IZ-12...
WHEREAS, on November 14, 2012, as required pursuant to Section 82-504 of the City
Code, the City Commission set a public hearing for the December 12, 2012, Commission
Meeting, to hear public comment regarding the establishment of the proposed memorial; and
WHEREAS, on November 29, 2012, Max Sklar, Interim Assistant City Manager, met
with Robert Levine, the donor, Agustina Woodgate, the artist, Zed Bennett, the fabricator and
Rosa Lowinger, the conservator retained by the City to evaluate the annual cost of maintenance
of the proposed bench, and it was agreed that the amount of the maintenance reserve account
should be $for the first year, after which time such costs may be more accurately determined;
and
WHEREAS, on December 12, 2012, the City Commission held a duly noticed public
hearing to hear public comment regarding establishment of the proposed memorial bench in
honor of Mr. Levine.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, following a duly noticed
public hearing, the Mayor and City Commission hereby accept the donation from the Levine
family of a memorial bench designed by Agustina Woodgate honoring the community legacy of
I. Stanley Levine, for placement on the nine hundred block of Lincoln Road; and further
authorize the City Manager to execute an agreement with the Levine family establishing a
maintenance reserve account of $1,000 for the first year of maintenance and repairs to said
memorial bench.
PASSED and ADOPTED this ___ day of December, 2012.
MAYOR
ATTESTED BY:
ClTYCLERK
68
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida,
Approving, In Concept, The Grant Of An Easement To Collins 3300, LLC And 3420 Collins Avenue,
LLC (The Applicant), Owners Of The Properties Located At 3301 Indian Creek Drive, 3400 Collins
Avenue And 3420 Collins Avenue, Following A Duly Noticed Public Hearing, For A Proposed
Subsurface Parking Garage, That Spans The Entire Width Of The 50-Foot Public Right-Of-Way Of
34th Street For A Length Of Approximately 93 Feet; Provided, However, That The Aforestated
Conceptual Approval Be Subject To And Contingent Upon Continuing Negotiation Of The Agreement
Between City And The Applicant, Which Agreement. 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 Agreement, If And When Finalized; Further Accepting The
Recommendation Of The City Manager.
Ke Intended Outcome Su orted:
Item Summary/Recommendation:
Collins 3300, LLC And 3420 Collins Avenue, LLC (Applicants) wish to construct a hotel with accessory
assembly space, a parking garage, and retail and restaurant uses. They propose to connect the
Properties and provide for required parking with a subsurface parking garage beneath 341h Street. The
parking garage is proposed to be 12 feet 1 0 inches below ground-level with a width of 50 feet and a
length of approximately 93 feet. At the Historic Preservation Board meeting, the Applicants received
approval (pursuant to HPB Order No. 7299) to redevelop the Properties.
At the June 28, 20122 FCWPC, it was recommended to use the fee simple methodology for valuation
of this easement. The City appraiser valued the easement at $1 ,250,000. The applicant's appraiser
valued it at $150,000.
At the September 12, 2012 City Commission meeting, the Commission stated that it wanted a new
appraisal that would result in the highest value and to bring it back to Commission for approval once
negotiations have been finalized. A new appraisal is being conducted; however, it won't be ready until
mid January.
The City has evaluated a proposal contained in the attached proposed terms and conditions
agreement, where the Applicant would construct and demolish the existing board walk, and construct
a new beachwalk from 32nd to 36th Streets, the Applicant would contribute up to $900,000 for hard
costs and will pay for soft costs associated with design, permitting and construction management. In
addition, the Applicant will be providing some intangible benefits such as the installation of new utilities
in the sub-surface easement. The applicant also requested some consideration regarding on-street
parking spaces.
THE CITY ADMINISTRATION RECOMMENDS ACCEPTANCE OF THE APPLICANT'S PUBLIC
BENEFIT PROPOSAL AND APPROVAL OF THE RESOLUTION SUBJECT TO A REVISED
APPRAISAL.
Adviso
Financial Information:
Source of Amount
Funds: 1
I ' 2 !
1
OBPI Total
Financial Impact Summary:
Department Director
FHB
T:\AGENDA \2012\ i 2-12-12\easements\3300 Collins Subterra
MIAMI BEACH
69
Account Approved
AGENDA ITEM --'-f<--'7__,8....:::......._
DATE 12.-12-'IL
m MIAMI BEACH -=--
City of Miami Beach, 1700 Convenikm Center Drive, Miami Beach, Florida 33139, www.mlamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
k /} I PUBLIC HEARING
FROM: Kathie G. Brooks, Interim City Manager 1 7c/ h../ ......_
DATE: December 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH. FLORIDA, APPROVING, IN CONCEPT, THE GRANT OF AN
EASEMENT TO COLLINS 3300, LLC AND 3420 COLLINS AVENUE, LLC (THE
APPLICANT), OWNERS OF THE PROPERTIES LOCATED AT 3301 INDIAN
CREEK DRIVE, 3400 COLLINS AVENUE AND 3420 COLLINS AVENUE,
FOLLOWING A DULY NOTICED PUBLIC HEARING, FOR A PROPOSED
SUBSURFACE PARKING GARAGE, THAT SPANS THE ENTIRE WIDTH OF THE
50~FOOT PUBLIC RIGHT-OF-WAY OF 34TH STREET FOR A LENGTH OF
APPROXIMATELY 93 FEET; PROVIDED, HOWEVER, THAT THE AFORESTATED
CONCEPTUAL APPROVAL BE SUBJECT TO AND CONTINGENT UPON
CONTINUING NEGOTIATION OF THE AGREEMENT BETWEEN CITY AND THE
APPLICANT, WHICH AGREEMENT, 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 AGREEMENT, IF AND WHEN FINALIZED; FURTHER
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER.
ADMINISTRATION RECOMMENDATION
The Administration recommends that after the Public Hearing, the City Commission accept the
applicant's public benefit proposal and approve the Resolution subject to receipt of the pending
appraisal and finalization of the agreement if the appraisal is equal to or within 20°/o of the value
of the public improvement as proffered by the applicant. If the appraisal is greater than 20% of
the value of the proposed public benefit, the applicant shall have the option to pay the difference
or cancel the agreement
BACKGROUND
Collins 3300, LLC And 3420 Collins Avenue, LLC, (Applicants) are owners of the properties
located at 3301 Indian Creek Drive, 3400 Collins Avenue and 3420 Collins Avenue {collectively,
the Properties). The Properties are located in the Collins Waterfront Historic District and
presently a vacant parcel, an existing 3-story hotel, and a vacant parcel, respectively.
The Applicants wish to construct a 5-story hotel with an accessory assembly space on the
vacant parcel at 3301 Indian Creek Drive, renovate the 3~story hotel at 3400 Collins Avenue,
and construct a 6-story parking garage with accessory commercia! uses on the vacant parcel at
3420 Collins Avenue. They propose to connect the Properties and provide for required parking
with a subsurface parking facility beneath their property including portion of 34th Street. The
portion of the subsurface parking facility underneath the ROW is proposed to be 12 feet 1 0
inches below ground-level with a width of 50 feet and a length of approximately 93 feet. At the
70
City Commission Memorandum-3400 Collins Avenue Subterranean Easement
December 12, 2012
Page2of5
Historic Preservation Board meeting on February 14, 2012, the Applicants received approval
(pursuant to HPB Order No. 7299} to redevelop the Properties.
This proposed subsurface parking garage was then referred to the Land Use Committee and
the Finance and Citywide Projects Committee for policy direction. At the June 13, 2012 Land
Use Committee meeting, it was determined that:
1 . An easement was the more appropriate instrument for allowing a subsurface parking
facility across City right-of-way.
2. The value of the easement should be determined via an appraisal conducted for the
City and paid for by the Applicants.
3. The Commission should set a public hearing to consider granting the easement.
At the June 28, 2012 Finance and Citywide Projects Committee, it was recommended to use the
fee simple methodology for valuation of this easement with flexibility to adjust the valuation
when appropriate, based on recommendations from the City appraiser. An appraisal prepared
by Waronker & Rosen, Inc. on June 27, 2012, estimates the fee simple value of the easement to
be $1 ,250,000. The Applicant's appraiser valuated the subsurface easement at $150,000 using
discounts to take into account the fact the easement property cannot be used for the highest
and best value as the adjacent fee simple property. The rationale for applying discounts is that
the sub-surface easement area cannot be used for habitable areas of the hotel and therefore
should only be evaluated as a portion of an underground parking structure. This reduction does
not take into account any value added to the project as it makes the underground parking facility
feasible.
At the July 18, 2012 City Commission meeting, pursuant to Resolution No. 2012~27948, the
Commission set a public hearing for the September 12, 2012 Commission meeting.
At the September 12, 2012 City Commission meeting, the Commission stated that it wanted the
appraisal that would result in the highest value and to bring it back to Commission for approval
once the negotiations have been finalized. As a result, the item has been opened and continued
at each subsequent Commission meeting. As of the writing of this report, the revised appraisal
has not been finalized. However, comparing both the City's fee simple valuation and the
applicant's appraisal discounted for actual use would indicate that a revised highest value
appraisal would not be dispositive on the actual value of the easement. Both the Land Use and
Development Committee and the Finance and Citywide Projects Committee recognized that
appraisals are more of a tool to evaluate the request for the easement and the public benefit
created in consideration of granting the easement.
Nonetheless, given the Commission's desire to have the results of the revised appraisal, then
the Commission may choose to continue this item or the Commission may choose to approve
the granting of the easement subject to receipt of the pending appraisal and finalization of the
agreement if the appraisal is equal to or within 20% of the value of the public improvement as
proffered by the applicant. If the appraisal is greater than 20% of the value of the proposed
public benefit, the applicant shall have the option to pay the difference or cancel the agreement.
The applicant has requested that the City move forward on this item as they do not believe that
a revised appraisal would be definitive on the actual value of the easement and that the public
benefit proposed by them far outweighs the actual request of the use of the subsurface
easement.
71
City Commission Memorandum-3400 Collins Avenue Subterranean Easement
December 12, 2012
Page 3 of5
ANALYSIS
There is no section of the City Code that provides guidance on the appropriateness of granting
an easement. Therefore, staff has reviewed the appropriateness of the facility pursuant to the
criteria established under Section 82-38 of the City Code for the proposed sale or lease of City
property as it has done for the proposed aerial easement across Ocean Court for the Tides
Hotel. Those criteria are:
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
Satisfied -The property is located within the RM-2 Multifamily Residential Medium
Intensity future land use category, and surrounded by this and the RM-3 Multifamily
Residential High Intensity future land use category. The proposed use is underground
parking garage use for the adjacent hotel facilities. The proposed use of the adjacent
properties as hotel facilities is consistent with the future land use category description
contained in the Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative impacts
such as diminution of open space, increased traffic, noise level or enhanced property
values, improved development patterns and provision of necessary services. Based on
the proposed use of the property, the city shall determine the potential impact of the
project on city utilities and other infrastructure needs and the magnitude of costs
associated with needed infrastructure improvements. Should it become apparent that
further evaluation of traffic impact is needed; the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Satisfied -The property in question is surrounded on both the north and south by the
proposed hotel development, and the property to the east, across Collins Avenue, is
under the same ownership and approved for hotel and condominium use. There would
be no diminution of open space as proposed. No additional utility or infrastructure is
expected to be necessary. A traffic study was prepared as part of the development
review approval process, which indicated that the proposal would not degrade the level
of service of the surrounding roadway network below acceptable levels.
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base, creating
jobs, creating a significant revenue stream, and improving the community's overall
quality of life.
Satisfied -The proposal is associated with an important new hotel development of
particular architectural distinction. This portion of the Collins Avenue corridor has not
developed as rapidly as areas of the City further south, and the proposed new hotel
developments in this corridor are generally seen as positive for the city's economic and
tourism development The proposed hotel development is expected to provide a
significant number of jobs, and to provide additional property tax and resort tax revenues
to the City.
72
City Commission Memorandum -3400 Collins Avenue Subte"anean Easement
December 12, 2012
Page4of5
4. Determination as to whether or not the development is in keeping with the surrounding
neighborhood, will block views or create environmental intrusions, and evaluation of the
design and aesthetic considerations of the project.
Satisfied -The proposed easement is entirely underground, and should not create any
visual or environmental impacts on the surrounding neighborhood.
5. The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs. Indeed, the granting of the easement will ensure that the project's
required parking is created instead of paying a fee in lieu of providing parking.
Furthermore, the operational parking needs of the existing historic hotels, which have no
required parking, is also met by granting the easement.
Satisfied -There should not be any adverse impacts to adjacent properties other than
those owned by the Applicants.
6. Such other issues as the city manager or his authorized designee, who shall be the city's
planning director, may deem appropriate in analysis of the proposed disposition.
Not applicable -The Planning Department has no other issues it deems appropriate to
analyze for this proposaL
The Administration's analysis above shows that the above criteria established under Section 82-
38 of the City Code is satisfied.
The City has evaluated a proposal contained in the attached proposed terms and conditions
agreement, where the Applicant would construct and demolish the existing board walk, and
construct a new beachwalk from 32nd to 36th Streets, excluding the Versailles property. It should
be noted that the Administration has contacted the representatives of the Versailles property
and they have agreed to consider making their contribution to the beachwalk project at the time
that permits are obtained for same, even if it is prior to the issuance of the building permits for
the Versailles project.
Under the proposed public benefit proposal, the Applicant would contribute up to $900,000 for
hard costs and will pay for soft costs associated with design, permitting and construction
management. In addition, the Applicant will be providing some additional benefits such as the
installation of new utilities in the sub-surface easement While the City believes that the
applicant's estimate for all of these costs may be too high, the City estimates the value of said
costs to be approximately $240,000. This does not include the $700,000 refund in permit fees
that the applicant has also proffered not to pursue.
The applicant is also requesting that a payment required pursuant to City Code Section 106-
55(h), Removal of On-street Parking Spaces, be authorized by the City to be paid over a five
year period. This would relieve some of the upfront costs associated with the issuance of the
building permit and facilitates the applicant's proffer to fund the beachwalk. Seven on-street
parking spaces will be removed to allow vehicular access to the property. The cost of such
removal is set by the Code at $245,000. If paid over a five year period, the yearly payment
would be $49,000 for five years. Five additional on-street parking spaces are also lost due to
sidewalk pedestrian improvements. This typically happens in all of the City's streetscape
improvement projects. The Code does not require for these spaces to be paid for by the private
73
City Commission Memorandum-3400 Collins Avenue Subterranean Easement
December 12,2012
Page5of5
property owners as these are viewed as pedestrian enhancements that the general public
enjoys. The applicant has reiterated that there are no fees associated with the loss of parking in
the terms and conditions agreement. One last consideration the applicant has requested is the
use of seven spaces on the 32 11ct St. street end during the time that the sales center is
operational for the Saxony project. There is no fee associated with creating passenger loading
zones and the prevailing rate is $17/day, per space for valet ramps. As this cost appears to be
minimal, the Administration has no issue with this request
If one discounts the value of the beachwalk behind the Saxony hotel, although a condition to
fund the beachwalk was not included in the Historic Preservation Board's Final Order, this would
represent approximately $400,000. Adding the remaining hard costs ($500,000) with the City's
estimate of soft costs and utility replacement benefits ($240,000) would result in a value of the
public benefit contribution of about 60% to the fee simple appraisal of the easement. If the
beachwalk cost behind the Saxony is not deducted, then this public benefit proffer is close to the
City's fee simple appraised value of the easement. As such, the Administration suggests to the
Commission that this proposed public benefit is a just, fair and beneficial consideration for the
subterranean easement requested by the applicant. Additionally, the Commission should also
consider the benefits that the proposed development will bring to the area as a significant
investment by the applicant will help stimulate interest and redevelopment opportunities in the
area. Furthermore, the undergrounding of the parking facility creates a pedestrian friendly
interface to the development and the public spaces and creates a project that is context
sensitive to the surrounding historic district.
However, given the Commission's directive to obtain a revised appraisal, the Commission may
approve the request subject to receipt of the pending appraisal and finalization of the agreement
if the appraisal is equal to or within 20% of the value of the public improvement as proffered by
the applicant. If the appraisal is greater than 20% of the value of the proposed public benefit, the
applicant shall have the option to pay the difference or cancel the agreement.
Because the easement agreement language has not been finalized, and the developer has an
urgency to have a conceptual approval of the granting of the subsurface easement, the City
Administration recommends that the City Commission grant a conceptual approval, this
approval be subject to and contingent upon continuing negotiation of the agreement between
City and the Applicant, which agreement, 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 agreement, if and when finalized; further accepting the
recommendation of the City Manager.
CONCLUSION
The Administration recommends that after the Public Hearing, the City Commission accept the
applicant's public benefit proposal and approve the Resolution
Attachment: Terms And Conditions For Perpetual Subsurface Easement Agreement
KGB/JGG/FHB/JJF/RWS/DEF
T:\AGENDA\2012112-12-12\easements\3300 Collins Subterranean Easement-Memo.docx
74
TERMS AND CONDITIONS FOR
PERPETUAL SUBSURFACE EASEMENT AGREEMENT
These terms and conditions for a perpetual subsurface easement agreement ("Term Sheet") are
dated this __ day of , 20_ ("Effective Date"). The parties to the Term
Sheet are the CITY OF MIAMI BEACH, a political subdivision of the State of Florida, whose
address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City"), and COLLINS
3300, LLC and 3420 COLLINS A VENUE, LLC, both of whom are Foreign Limited Liability
Corporations, whose address is 730 Fifth Avenue, 20th Floor, New York, NY 10019
("Developei"").
RECITALS:
A. City is the political subdivision of jurisdiction to all of the right-of-way known as 34th
Street ("Right-of-Way") and that certain real property, situate-d, lying and being in
Miami-Dade County, Florida, as legally described and depicted in the Perpetual
Subsurface Easement Agreement (''Easement Agreement"), consisting of a portion of
the Right-of-Way (the "Easement Parcel"), as depicted in Exhibit A.
B. Developer is the owner of fee simple title to that certain real property situated, lying and
being in Miami-Dade County, Florida, as lega11y described and depicted in the Easement
Agreement and generally lying on the opposite sides of the Easement Parcel (the
"Developer Property"), as depicted in Exhibit B.
C. Developer plans to install certain improvements within the Easement Parcel, such as
underground parking and driveway facilities (the "Improvements"), further depicted in
the Easement Agreement
D. The Improvements will facilitate the provision of needed off-street parking in the City.
E. The City agrees to grant to Developer the Easement Agreement pursuant to the tenus set
forth herein and agrees that such Easement shall run with the land.
TERMS AND CONDITIONS:
A Grant of Easement. In consideration of the items proffered below by the Developer, the
City agrees to grant the Easement Agreement to the Developer.
B. Beachwalk. In consideration of the Easement Agreement, the Developer agrees to
contribute certain funding, as provided herein, for the improvement of a new public
beach wa1k between 32nd Street and 36th Street, excluding behind the Versailles
property (the "Beachwalk").
(25404946;3}
l. Hard Costs. The Developer will pay up to $1, 100 per linear foot for the entire
length of the Beachwalk between 32nd Street and 36th Street, excluding behind
the Versailles Property ("Hard Costs"); however, in no event will the Developer
pay more than $900,000 (the 11 Developer's Maximum Contribution") for Hard
Costs. The City will fund the diflerence between the Developer's Maximum
75
Contribution and the overall cost of the Beach walk. The Beach walk shall be an
at-grade Beach walk, similar to the at-grade Beach walk south of 22nd Street.
2. Soft Costs. The Developer will pay for soft costs (estimated to be valued at
approximately $400,000), including permitting, and fees for architects, engineers,
construction management and other professional labor, associated with portions of
the Beachwalk located between 32nd Street to 34th Street, and 35th Street to 36th
Street. Soft Costs shall not be considered in the calculation of the Developer1s
Maximum Contribution.
C. Infrastructure. The Developer will implement appropriate modifications to utility
infrastructure within and outside of to the Easement Area, such as new water, sewer and
stonnwater lines, reinforced concrete slabs above utilities with less than 36" cover and
other agreed-upon modifications requested by the Public Works Department The
Developer will also re-route all utilities such as water, sewer, FPL, AT&T and Atlantic
Broadband in the Easement Area at its own expense. The estimated value of the hard and
soft costs associated with the utility relocation work is approximately $1,725,000.
D. Pem1it Fee Credit. The Developer will not cancel its existing hotel master pennit for the
Project, and therefore will not seek a credit for fees associated with a new master hotel
permit. The estimated value of this credit is approximately $700,000.
E. Removal of On-Street Parking Spaces Adjacent to Developer Property. In order to
provide vehicular access to the Developer Property and its associated off-street parking
facilities a11d to improve pedestrian safety and convenience, the Developer must remove
seven (7) on-street, metered parking spaces that are adjacent to the Developer Property.
These seven (7) spaces are shown in red on Exhibit C. The Developer agrees to pay for
the removal of these seven (7) on-street spaces as follows: the Developer will pay $7,000
per space per year for five (5) years so that a total of $35,000 per space is paid in total.
The first payment is due prior to the issuance of a building pem1it tor the Atlantic Hotels
project on the Developer Property.
The City, at its own cost and expense, will remove five (5) on-street spaces adjacent to
the Developer Property, shown in blue on Exhibit C. Because these five spaces improve
the pedestrian environment pursuant to policies of the Comprehensive Plan, the City will
not charge the Developer for the removal of these five (5) spaces.
F. Temporary Use of 32nd Street. The Developer will receive the use of seven (7) on~street
parking spaces on 32nd Street, east of Collins Avenue, during the period when the sales
center for the Saxony Condominium project is operational. The use of these seven spaces
shaH be at no cost to the Developer.
{25404946;3}
76
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RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSiON OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN CONCEPT, THE GRANT
OF AN EASEMENT TO COLLINS 3300, LLC AND 3420 COLLINS AVENUE,
LLC (THE APPLICANT}, OWNERS OF THE PROPERTIES LOCATED AT 3301
INDIAN CREEK DRIVE, 3400 COLLINS AVENUE AND 3420 COLLINS
AVENUE, FOLLOWING A DULY NOTICED PUBLIC HEARING, FOR A
PROPOSED SUBSURFACE PARKING GARAGE, THAT SPANS THE ENTIRE
WIDTH OF THE SO*FOOT PUBLIC RIGHT-OF-WAY OF 34TH STREET FOR A
LENGTH OF APPROXIMATELY 93 FEET; PROVIDED, HOWEVER, THAT THE
AFORESTATED CONCEPTUAL APPROVAL BE SUBJECT TO AND
CONTINGENT UPON COMPLETION OF CONTINUING NEGOTIATIONS OF
THE EASEMENT AND AN AGREEMENT BETWEEN CITY AND THE
APPLICANT, WHICH EASEMENT AND AGREEMENT, 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 EASEMENT AND
AGREEMENT, IF AND WHEN FINALIZED; FURTHER ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER.
WHEREAS, CoiHns 3300, LLC And 3420 Collins Avenue, LLC, (Applicants) are owners of the
properties located at 3301 Indian Creek Drive, 3400 Collins Avenue. and 3420 Collins Avenue
(collectively, the Properties}; and
WHEREAS. the Applicants wish to connect the Properties and provide for required parking with a
subsurface parking garage beneath 34th Street; and
WHEREAS, the portion of the parking garage underneath the right-of-way is proposed to be 12
feet 10 inches below ground-level with a width of 50 feet and a length of approximately 93 feet; and
WHEREAS, the Applicants have received approval from the City's Historic Preservation Board
(pursuant to HPB Order No. 7299) to redevelop the Properties; and
WHEREAS, at its June 13, 2012 meeting, the Land Use and Development Committee
recommended that the City Commission set a public hearing to consider the granting of Applicants'
request; and
WHEREAS, at its July 18, 2012 meeting, the City Commission approved Resolution No. 2012-
27950, setting a public hearing to consider this request
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 approve in concept,
the grant of an easement to Collins 3300, LLC and 3420 Collins Avenue, LLC (the Applicant),
owners of the properties located at 3301 Indian Creek Drive, 3400 Collins Avenue and 3420
Collins Avenue, following a duly noticed public hearing, for a proposed subsurface parking
garage, that spans the entire width of the 50-foot public right-of-way of 34t.'1 Street for a length of
approximately 93 feet; provided, however, that the aforestated conceptual approval be subject
to and contingent upon completion of continuing negotiations of the easement and an
agreement between the City and the Applicant, which easement and agreement, 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 easement and
agreement, if and when finalized; further accepting the recommendation of the City Manager.
80
PASSED AND ADOPTED this 12th day of December, 2012.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
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RESOLUTION NO. ______ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE EXTENSION OF HOURS
FOR CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A
5:00 A.M. LIQUOR LICENSE AND UNDER CERTAIN SPECIFIED
CONDITIONS PURSUANT TO SECTION 6 OF THE CITY CODE FOR
WINTER PARTY (MARCH 8-9, 2013) AND WHITE PARTY (NOVEMBER
29, 30, 2013) AS RECOMMENDED BY THE LAND USE AND
DEVELOPMENT COMMIITEE.
WHEREAS, the City of Miami Beach is an international tourist destination known for its
many attributes including its vibrant nightlife; and
WHEREAS, the festivities on New Year's Eve and during other major event days and
weekends in the City carry over into the early hours of the morning; and
WHEREAS, in order to address the special circumstances for celebration which occur
on New Year's Eve, and during other major event days and weekends within the City of Miami
Beach, the Mayor and City Commission codified, in Section 6-3(7) of the City Code, an
established policy of allowing alcoholic beverage establishments with a 5:00a.m. liquor license
to continue to sell and serve alcoholic beverages for on-premises consumption until 7:00 a.m.
during designated major event days or weekends; and
WHEREAS, the City's Major Events Plan and Special Event Guidelines, as most
recently approved by the City Commission via Resolution No. 2008-26908, already designates
Winter Party and White Party as a "major event period," which makes these events eligible for
the extension of hours subject to the conditions established in the City Code; and
WHEREAS, the Land Use and Development Committee considered this matter at its
November 5, 2012 meeting recommended the extension of hours for the Winter Party and White
Party 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the extension of hours for certain alcoholic
beverage establishments with a 5:00A.M. liquor license, and under certain specified conditions
pursuant to Section 6-3(7} of the City Code, is hereby approved for the weekends of Winter
Party 2013 and White Party 2013, as recommended by the Land Use and Development
Committee,
PASSED AND ADOPTED this __ day of _____ , 2012.
ATTEST:
CITY CLERK MAYOR
Agenda Item R 1 C
T-\A(:;f=NIJA\?017\17-1?-1?\Air.Rr-wFxtHm r.nmmi~sinr 8Jite [L -12--{ 2-
APPROVED AS TO
RM --l.ANGAUGE
& F /EXECUTION
j "2 '"'1-j '2.
Date
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84
RESOLUTION NO.-------
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 (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, PROVIDED
FURTHER THAT THE FINAL NEGOTIATED AGREEMENT AND COST FOR SAME
SHALL BE BROUGHT BACK TO THE CITY COMMISSION FOR FURTHER
CONSIDERATION AND APPROVAL.
WHEREAS, Section 163.01, Florida Statutes, the "Florida lnterlocal Cooperation Act of 1969,"
authorizes public agencies to enter into interlocal agreements for mutual benefit, except that no such
agreement shall authorize the delegation of constitutional, statutory or Charter duties of city officers; and
WHEREAS, the home rule powers under Chapter 166.021, Florida Statutes, authorizes the City
to exercise any power except as expressly prohibited by the State Constitution or general law, and
Section 2.03 of the City Charter empowers the City Commission to "investigate the official acts and
conduct of any City official, and by similar investigations may secure information upon any matter"; and
WHEREAS, the City seeks to hire an Inspector General that would be authorized, on behalf of
the City, to conduct independent audits and investigations into City practices and operations, in order to
prevent and detect fraud, waste, financial mismanagement, or other abuses, and promote accountability,
integrity, economy, and efficiency in government; and
WHEREAS, the County has already established the Miami-Dade County Office of the Inspector
General (MDCOIG); and
WHEREAS, the County and the City recognize that, given the knowledge, experience, and ability
of the staff of the MDCOIG in conducting investigations into government waste, fraud, or
mismanagement, it will serve the public interest to enter into an agreement with the MDCOIG in order to
accomplish all of the goals set forth in this Resolution.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MAIMJ BEACH, FLORIDA that the Mayor and City Commission hereby authorize 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( MDCO!G), and the City, 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, provided further that the
final negotiated agreement and cost for same shall be brought back to the City Commission for further
consideration and approval.
PASSED and ADOPTED this 12th day of December , 2012.
ATTEST BY:
MAYOR MATTI HERRERA BOWER
RAFAEL E. GRANADO, CITY CLERK
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Agenda Item R7 D I
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86
RESOLUTION NO. __ _
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, WITH THE FINAL
NEGOTIATED AGREEMENT TO BE SUBJECT TO THE APPROVAL OF THE
CITY ATTORNEY'S OFFICE.
WHEREAS, on April 13, 2012, former City Manager Jorge M. Gonzalez contacted the
Miami~Dade County Commission on Ethics and Public Trust (Commission on Ethics) and spoke
to Executive Director and General Counsel Joseph M. Centorino about having the Commission
on Ethics assist the City of Miami Beach with ethics training for all City employees; and
WHEREAS, it was requested that this training first focus on, and be provided to, those
City employees who work in any of the City's regulatory areas; and
WHEREAS, on April 19, 2012, Mayor Matti Herrera Bower, former City Manager Jorge
M. Gonzalez and other City staff met with several senior-level staff members from the
Commission on Ethics to discuss the comprehensive ethics training; and
WHEREAS, the Commission on Ethics has proposed a comprehensive training program
which includes multiple sessions over a six (6) month period of intensive and interactive training
for aH employees and supervisors engaged in the regulatory areas of the City in (1) fire
inspection; (2) parking enforcement; (3) building inspection; (4) code enforcement; and (5)
planning (includes nearly 230 City employees); and
WHEREAS, the cost estimate for the proposed training by the Commission on Ethics is
$45,000 and given that there are approximately 230 employees that would participate in all of
the trainings, the per-person cost for the six (6) month period would be approximately $200 per
employee.
NOW THEREFOREt BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute 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, with the final negotiated agreement to be subject to the approval of
the City Attorney's Office.
PASSED and ADOPTED this 12th day of Decemberf 2012.
ATTEST BY:
MAYOR MATTI HERRERA BOWER
RAFAEL E. GRANADO, CITY CLERK
/
T:\AGENDA\2012\12-12-12\Action Plan to Address Corruption Ethics Training Reso.doc{.
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1--..,..,.,:;;._~g;:::::.;....:::;..~ .....
Agenda Item R 7 D 2.
87 Date /2--IZ-tZ-
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88
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING SPECIAL EVENT PERMIT
APPLICATION NO. SE 201377 SUBMITTED BY
JONATHAN COWAN PRODUCTIONS, LLC FOR WINTER
CONFERENCE 2013-DJ MAG ON SOUTH BEACH, AN
EVENT TO BE HELD ON WEDNESDAY, MARCH 20,2013
THROUGH SUNDAY, MARCH 24, 2013, AND AS
DESCRIBED IN SAID APPLICATION AND IN THE
SUPPLEMENTAL INFORMATION SUBMITTED BY THE
APPLICANT ATTACHED HERETO AND IN
ACCORDANCE WITH THE CONDITIONS SET FORTH
HEREIN.
WHEREAS, pursuant to Resolution 2012-28042, the Mayor and City
Commission approved amendments to the City's Special Event's requirements and
guidelines, including an amendment to the Administrative policy that any new event
considered for approval under the revised policy must be approved by a majority of the
City Commission in a resolution; and
WHEREAS, the following eight criteria, approved in Resolution 2012-28042, are
to be considered ln the review of applications for new special events:
1 . Whether or not the event producer has had a successful track record of
obtaining special event permits and producing events in the City for no less
than five (5) years in a private venue and is in need of expansion.
2. Such applications would be considered on a first-come, first-serve basis, until
such resources are no longer able to be reserved.
3. The event could not occur concurrently on both private and public property.
4. The City will consider the event's long-term, short-term, and indirect effects on
local economic industries, including but not limited to hotels, restaurants,
entertainment establishments, retail, and the City.
5. The City will consider whether the event is compatible with the surrounding
neighborhoods and complements the ambience and aesthetics of the area in
89
Agenda Item f? 7H
Date ICJ-/:J-/.:J
which it is presented.
6. The City will consider the stress that such an event may place on various City
services with expenses associated with additional crowd control, policing,
security, parking, and traffic to be borne by the event producer.
7. The City will also consider the availability of these needed resources including
time, people, money and equipment
8. City services required for the event can be reasonably made available at the
time of the proposed event; and
WHEREAS, based upon the Supplemental Information for Special Event Permit
Application No. SE 201377, submitted by Applicant Jonathan Cowan Productions, LLC
for the Winter Conference 2013-DJ MAG on South Beach, an event to be held on
Wednesday, March 20, 2013 through Sunday, March 24, 2013 (the "Event"), the Mayor
and City Commission hereby determine that all eight criteria are satisfied based upon,
among other things, the hiring of 30 off-duty police officers for the Event, provided that
the off-duty police officers are paid 1 1/2 times their normal hourly rate for working the
Event, and that the applicant adheres to all conditions stipulated in the City's Special
Events Requirements and Guidelines as set forth in the final approved Special Event
Permit
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 hereby approve, by a majority vote, Application No. SE 201377 submitted
by Jonathan Cowan Productions, LLC for the Winter Music Conference 2013 -DJ Mag
on South Beach Event, as described in the attached Application and in the
Supplemental Information thereto, provided that 30 off-duty police officers are hired for
the Event and are paid 1 ~ times their normal hourly rate for working the Event and
2
90
provided the applicant adheres to all conditions stipulated in the City's Special Events
Requirements and Guidelines as set forth in the final approved Special Event Permit.
PASSED AND ADOPTED this_ day of December, 2012.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
F:\A TTO\TURN\RESOS\resolution approving Cowan Special Event permit for WMC.docx
3
91
APPROVED AS TO
FORM & LANGUAGE
& FOR JXECUTION
;::fri 11·~ iO··~JZ.
Date
Page: 1
G Application Report
Department of Tourism and Cultural Development
Office of Film & Event Production Management Received Date: 11/27/2012 7:58:25 AM
Special Events Application
Application ID: 3059 Permit ID: 201377 Category:
Date of Application: 10/15/2012 Status: Submitted Status Post:
Title: .Jonathan Cowan Productions, LLC
Description: The purpose of this specla! event is to allow Jonathan Cowan Productions,
LLC to to host its annual Miami Music Week event for 2013, which hes been produced by Jonathan Cowan
for at least the past eight (8) years,
Elements:
~----~-'-';-----..___,--------•-----~-.,---~-~·------, -•··---·-~ ~~·-~-·••w~~;•or~-"""""'<''~~«~•~"'T-~~~·.«·--·~·-"-'""-~ I Begin Event i End Event I Start Hour i End Hour ! Load-In I Begin 1 End I Breakdown i Begin 1 End ! i Date i Date i . j Date ! Hour i Hour I Date i Hour 'Hour ! 3/20~/2013··--s/24/2o13~l12~oorM-· -··r11 : oo PM ___ T37i-9/2oi3--]lo:ooAMj~:_:~~~0~:_]3!~~s~~~~=-~-=~]_1_~~-o-~-~~t~3~o p~]
Location(Applicant}: Public Beach between 21st and 22nd Street
Neighborhood:
Location(s):
Host Organization: Jonathan Cowan Productions, LLC
Logistical: Jonathan Cowan Productions, LLC
Sponsor: Jonathan Cowan Productions, LLC
Application Status: for profit organization
Estimated Attendance: Total per day: 2500 Average per Hour: 2500
Contact Information
Event Coordinator: Jonathan Cowan
Mailing Address: 3725 S. Ocean Drive, # 718 , Hollywood FL 33019-33000
Company Name: Jonathan Cowan Productions, LLC
Title: r"'anaging Member Phone: 954-662·7935 Mobile: 954-662-7935 Fax: 305-448-5566
Web Site Address: Email Address: jonatha ncowan@mac.com
Onsite Contact: Jonathan Cowan Mobile Contact: 954-662-6627
92
Event Info
Is this an annual event? YES
Is it open to the public? YES
App ID: 3059
How many years of event?
Admission Fee:
8 years
$40
Page: 2
Event filmed? YES Facility I Venue renting? NO
~n: ~~~]~~~kJ~3:E~:~=~~tl£{:rtJ;~:hO,--~,
Facility /Venue:
Location for parties:
Previous Event:
Entertainment/Amplified sound App ID: 3059 Not Applicable: 0
Do any of these Elements take place outdoors? YES
Will the event require music or amplified sound? YES What type of amplified sound? ~~~==~~~~=~:·::d~-0~~~~~;:~~:-=
List of acts/performers and times of performances: Various DJ's and Artists
H~~-;;F;o-;, ~mPHfl~d~o~~d--··1H~u;~··-r;;~m~plifi~dsound~"~s~und ~h~ck from ~h~~s ~-·rs~~nd che~k.·tt, .hou;~···"· ·
' I ... -~-------·~~-~~ '~ -~·-~ .... ~ 'i'" ----~~"~ ~-~ ~· ·~ -~----------------------------'
12:00PM ll:OOPM i11:00AM ll2:00PM 1
-~ -~ --~~~-------~----~~-·-«~~·--~-~-·----~--------'--~~-~~~~-----··-~-~-·--...... -~, -----~~~
Alcohol service App ID: 3059 Not Applicable: 0
Will you be serving alcohol at this event? YES
Will Alcohol beverages be sampled/served? YES
Will non-alcoholic beverages be sampled I served? YES
Sales/Distribution Plan:
How will this be monitored and controlled? Security will monitor patrons.
How to prevent service to minors? The event is not open to under twenty-one patrons.
Public Safety App 10: 3059 Not Applicable: 0
Internal security Plan: Police and Private Security
Will the event require closing a street(s)? NO Which street{s)?
During what days/hours? start Date Begin Hours
Vehicle Beach Access Pass? 5
Will the event include?
93
Page: 3
Parking Plan App 10: 3059 Not Applicable: 0
Parking Plan: The majority of patrons for this event do not drive to the event. Patrons driving have the use of various parking
lots in the immidiate area.
Will the event require parking meters rentals? Y
How many meters and where? 5 in city parking lot
Will the event need staging for production vehicles? Y Where? West of dune
Will the event hire a valet company? N Which?
App ID: 3059 Not Applicable: 0
Name of Vendor
Staging
Fencing
· Pluming-Restrooms
Bleachers or Chair Risers
Temporary Structure:
Other:
Sanitation Plan App ID: 3059
sanitation Plan: private sanitation company
Sanitation Company:
Is dumpster required? NO How many? 0 Where?
Number of trash receptacles? 0 Number of port-o-lets: 3 Number of disabled: 1
Concessions App ID: 3059
Will you sell any of the following? -~~~~····:··Tl~k~t~ f.&~;;a~~:I~~-~th-R~~t;~··--·,:~~~~~~~is~-=·i
YES :YES iYES iNO NO
; 1 ----~-
Are you working with a catering company? N Who?--
Type and number of vendor hired: 1 food concessionaire
local and businesses invited to participate as vendors: yes, the nearby food concessionaire for 21-22 Street
94
Page: 4
Economic Impact App ID: 3059
Estimated budget: $ State Status: YES
Event beneficiary I charities:
r-·-·-~-··-.. ···-----··~~~----r----··-·-····-·~~-------T ....... _._~_ ........ ____________ , __ ............................ , .................. --····-·------·~---·
jLocal Newspaper !National Newspaper :Direct Mail/ Flyers !Internet :e-Mail ,Other: ,
j._ .......... -................. _ .. __ .J.-______ .. , .......... ~---j. --~·-.-·---·-.. ---·-_j ___ ., ____ J~ .... -....... :._ .... , ... _____ , ........ ..!
l~~----------~~~--.................. _. __ e~ ............................. --.. J~E=--------J~~=-·-·· .. --1~~----·-...... ____ .J
~-~~·-~ -fi-~~ .. -··~--~~-~-· ~~---··~--~~-'"~~-----:
Open to public? YES Percentage of audience: Residents 0/o i Regional Ofo Tourists Ofo
!
--~~-~~--~-·------~-~-.. ""!'~~""'
0 io ·a---···· .. -· .. ·-1
i i
Estimate attendance : 2500 Average admission fee:
Event Location: ~5;~a~h!:3•d ST_ ~~db~~~Mid.ii~ Be~ch(l~th _ _'T-6~•d_sT~=t··~N-~~~-~~~~~-~~~=~-~~~th Te;;~~-~~--l
\NO iNO NO !
f I j
L----·-~·· ·•~-N-~"-·~"'<~a·-----~--~---~ .. ·~~--~,,1_.~-•-••--~•• •• •"-••.-.-~~<ry ~~~-'~-'"'"" •-<-~~·~--~-~ ---·~·~"' -·"-.--~~]
Venue:
Miami Beach Hotels: pending Hotel rooms: 0 Nights: 0
Collaboration with Miami Beach Economic Industries: pending
95
SlJI'PLEMENTAL INFORMATION FOR SPECIAL EVENT PF.R\-UT
APPLICATION NO. SE 201377
GENERAL EVENT INFORMATION
Applicant: Jonathan Cowan Productions, LLC
Executive Producer: Jonathan Cowan
Event Description: The purpose of this special event is to allow Jonathan Cowan Productions,
LLC ("Producer") to host its annual Miami Music Week event for 2013,
which has been executive produced by Jonathan Co\:van for at least the
past eight (8) years.
Event Location: Portion of the Beach East of the Dune, generally situated between 21st and
22nd Streets (with use of the area west of the dune for staging of
production equipment, event staff and queuing of patrons).
Event Dates: Wednesday, March 20,2013 through Sunday, March 24,2013
Event Times: !2:00PM through 11 :OOPM
Sound Check: 1 0:30AM through 11 :45AJ'v1
Load~In Date: Tuesday, March 19, 20]3 (and morningofWednesday, March, 20, 2013)
Load-Out Date: Monday, March 25,2013 (and evening of Sunday, March 24, 2013)
Proposed Occupancy: 2,500 patrons maximum
EXECUTIVE SUM.MARY
WINTER MUSIC CONFERENCE ("\VMC") 2013 -DJ MAG ON SOUTH BEACH -
PRESENTED BY JONATHAN COW AN PRODUCTIONS LLC
This WMC OJ Mag event, formally DJ Mag@ the Shelborne, has steadily grown into the largest
showcase of the world's best talent in Electronic Dance Music in the world featured during
Winter Music Conference week during March each year. Covered by DJ Mag in languages to
over a million readers across the world, the event features artists such as DJ Jazzy Jef1~ Luciano
and the Cadenza Vagabundo's and Marco Carola to name a few. Each day consists of a difterent
showcase featuring the best talent from an individual brand, management agency, or record label.
This year's 2013 event will move from the poolside at the Shelborne Hotel to the sands ofMiami
Beach on 21st Street. Each day will run from noon to eleven pm and will be sure to bring the
best crowds, press and musical artists from across the globe. The following is a sample proposed
schedule of events day by day:
96
• Wednesday -DJ Mag featuring atiists such as David Guetta, Steve Angelo, Macioplex,
Claude Von Stroke, and Way out West;
• Thursday-Cadenza Featuring Luciano and his Cadenza Vagabundo's;
• Friday -Enter featuring Richie Hawtin:
• Saturday-Moog Music and Pacha Ibiza feat DJ Jazzy Jeff, Herbie Hancock, Bob Sinclair
and Orbital;
• Sunday -l\1usic On Featuring Marco Carola.
PRODUCTION PLAN AND SCHEDULE
This five-day event will require one additional day for load-in/set-up and one additional day for
load-out/break-down (beyond the actual five event days), along with the morning of the first day
of the event and the evening of the last day of the event The Producer will utilize a iemporary
roof structure/tent covering approximately 50% of the overall event site on the beach, along with
a flooring system and fencing system surrounding the beach portion of the site, delivered and set-
up/broken-down by EventStar. The sound system cornponents will be loaded in by the
Producer's sound engineer (Sonic Lab Audio). The phased load-in/set-up will begin at l O:OOAM
on Tuesday, starting with tenting and t1ooring, then sound equipment and finally movable items,
and then again at I 0:30AM on Wednesday. The load-out/break-down will begin at 12:00AM on
Sunday evening and the entire beach and site will be clear by 2:00PM on Monday. The
temporary roof structure/tent will be utilized to cover approximately 50% of the event area on
the beach east of the dune on the hard-packed sand, \A,.'est of the soft sand, generally situated
between 21st and 22nd Streets, and the area west of the dune will be utilized for staging of
production equipment, event staff and queuing of patrons. In addition to the off-duty police and
EMT referenced below, the Producer will also contract private security staff sufficient in number
to maintain security at all portions of the event site.
OFF~DUTY POLICE AND FIRE RESCUE/EMT
Off-Duty Police:
Fire Rescue/EMT:
The Producer will hire 8-12 off duty police officers for the event utilized
in staggered shifts (ie. 8 officers at the statt of the event increasing to 12 at
the busiest time of the event). In addition, the Producer \Vill hire 1-2 off
duty police officers for the Load-In/Load-Out phase.
The Producer will hire 2 Emergency Medical Technicians ("EMT") for the
event
SANITATION AND PATRON FACILITIES
The Producer will either contract the City's Public Works Sanitation Division or contract \vith a
third party sanitation company to clean and maintain the areas in and around the event site. In
order to provide sufficient facilities for the patrons, the Producer will contract for the placement
97
of pmtable bathroom facilities on site inside the main event site and \Vithin the staging/queuing
area.
RESPONSIBLE TICKETING POLICY
In order to ensure each ticket used for entry is genuine, and also to ensure the event does not
exceed the legal capacity (2,500 maximum) at any given time and day, all patrons who enter,
regardless of whether tickets are pre-purchased online or at the event entrance, will be given a
hard, water marked, and numbered, ticket, which 'Will be scanned by professional scanners
similar to those used at a pro sporting event or concert Online ticket sales will be done via the
third party company "want tickets" and limited in number online to ensure the event is not
oversold, and those sales can be monitored both by the event Producer, as well as the City staff,
for safeguard, but the ticket amounts allotted for pre-sale will be below the granted legal capacity
as deemed by the City's Fire Marshall. In addition to the foregoing safeguards, the event private
security door staiTwiil be placed at each entry and exit with manual clickers to ensure validity of
tickets and control occupancy.
98
RESOLUTION NO. 2012~ __
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND LANZO
CONSTRUCTION CO., FLORIDA, FOR THE CONSTRUCTION OF THE CiTY OF
MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM,
NEIGHBORHOOD NO. 8 CENTRAL BAYSHORE (PACKAGE A) AND LAKE
PANCOAST (PACKAGE C); DATED APRIL 8, 2011 (THE CONTRACT), IN THE
NOT-TO~EXCEED AMOUNT OF $306,194 TO PROVIDE COMPLETE MILLING
AND RESURFACING OF THE ROADWAY IN LIEU OF ASPHALT OVERLAY FOR
CERTAIN AREAS WITHIN PACKAGE A, NORTH OF 34 STREET TO 41 STREET
BETWEEN ALTON ROAD AND MERIDIAN AVENUE; AND PACKAGE C, 25
STREET, 26 STREET AND FLAMINGO DRIVE NORTH OF 25 STREET; WITH
CURRENTLY APPROPRIATED FUNDING IN THE FY2012/13 CAPITAL BUDGET,
IN THE AMOUNT OF $278,358 FOR CONSTRUCTION, AND $27,836, FOR
CONTINGENCY, FOR A GRAND TOTAL OF $ 306,194.
WHEREAS, on January 19, 2011, the City adopted Resolution No. 2011-27587,
approving and authorizing the execution of a construction contract, with Lanzo Construction
Co., Florida (Contractor), pursuant to Invitation to Bid No.18-09/10, for the Right-of-way
Infrastructure Improvement Program-Neighborhood No. 8-Central Bayshore (Package A)
and Lake Pancoast (Package C) (the agreement); and
WHEREAS, the original Project scope of work included new water main to upgrade
the existing 6-inch water main, drainage installation, road paving and restoration, concrete
sidewalk repairs, minor valley gutter installation and landscape; and
WHEREAS, the existing Project plans call for a pavement overlay on all the
neighborhood streets; and
WHEREAS, field investigations during construction have identified the existing
pavement to be in worse condition, as a result of pavement deterioration and distress, than
anticipated; and
WHEREAS, the City desires to include the requested changes as part of the current
Project construction work; and
WHEREAS, on July 9, 2012, the Finance and Citywide Projects Committee
(FCWPC) approved the additional capital budget requests to include warranted infrastructure
needs for stormwater roadway milling and resurfacing, and vaUey gutter improvements; and
WHEREAS, on September 27, 2012 the City Commission approved the additional
funding to the Capital Budget 2013 for the construction of the Implementation of the 11
points requested by the HOA, additional stormwater upgrades, and complete milling and
resurfacing of the roadway; and
WHEREAS, amendment No. 1 includes complete milling and resurfacing of the
roadway in lieu of asphalt overlay; and
99
Agenda Item R7 M I
Date 12-IZ-1"'2--
WHEREAS, release of this funding will not only keep the contractor's pavement
crews working, but it will also allow an early delivery of the portion of the Central Bayshore
and Lake Pancoast area; and
WHEREAS, a subsequent amendment for the remaining scope presented to the
Finance and Citywide Committee on July 9, 2012 for Central Bayshore A will be brought to
Commission at a later date once the design for the additional stormwater improvement is
completed and permitted; and
WHEREAS, The schedule indicates a start date for the pavement overlay in Central
Bayshore A and Lake Pancoast on December 13,2012.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the
construction contract between the City, and Lanzo Construction Co., Florida, for the
construction of the City of Miami Beach Right of Way Infrastructure Improvement Program,
Neighborhood No. 8 Central Bayshore (Package A) and Lake Pancoast {Package C); Dated
April 8, 2011, in the not-to-exceed amount of $306,194 to provide complete milling and
resurfacing of the roadway in lieu of asphalt overlay for certain areas within Package A,
North of 34 Street to 41 Street between Alton Road and Meridian Avenue; and Package C,
25 Street, 26 Street and Flamingo Drive North of 251h Street; with currently appropriated
funding in the FY2012/13 capital budget, in the amount of $278,358 for construction, and
$27,836, for contingency, for a grand total of $306,194.
PASSED AND ADOPTED this __ day of ____ , 2012.
ATTEST:
RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR
T:V',GENDA\2012\12-12-12\Central Bayshore A~fvliliing and Resurfacing\B<'lyshore A __ Anwmdment No. 1_ Milling and
Resurfacing-RESO.doc
100
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RESOLUTION NO. 2012-__
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN INCREASE TO THE BASE
CONSTRUCTION CONTRACT VALUE, FOR THE RIGHT*OF*WAY
INFRASTRUCTURE IMPROVEMENT PROGRAM-NEIGHBORHOOD NO.8-
CENTRAL BAYSHORE (PACKAGE A) AND LAKE PANCOAST {PACKAGE C),
IN THE AMOUNT OF $415,450 FOR ADDITIONAL WATER METER BOXES AND
RELOCATION OF BACKYARD WATER SERVICES; FROM PREVIOUSLY
APPROPRIATED FUNDING FROM FUND 424-WATER AND SEWER BONDS
2000 SERIES.
WHEREAS, this Resolution requests an increase to the base construction contract
value for the Right-of-Way Infrastructure Improvement Program-Neighborhood No. 8-
Central Bayshore (Package A) and Lake Pancoast (Package C} due to unforeseen
conditions and the Engineer of Record's omission; and
WHEREAS, CH2MHill had designed the Project to use the existing water meter
boxes for the installation of the 2" water services; and
WHEREAS, the size of the water meter boxes that are required by Public Works
have changed due to being able to accommodate the fittings and to be used for any water
meter upsizing in the future; and
WHEREAS, the value of the new water boxes is a unit price included in the
contract for $350 per box; and
WHEREAS, there are a total of 485 boxes that have to be installed throughout
Central Bayshore A; and
WHEREAS, additionally CH2M Hill did not include the backyard water service
relocation services as part of the bid package for Central Bayshore (A) or Lake Pancoast
(C); and
WHEREAS, since the Consultant omitted the line item from the project Lanzo
Construction Co. did not submit a unit price or account for this scope of work; and
WHEREAS, after several meetings with City staff, the EOR and the RPR, the final
negotiated price for the relocation of the backyard services is $3,150 per service; and
WHEREAS, there are a total of 63 services in Central Bayshore (A) and 15
services in Lake Pancoast (C) for a total of 78 service relocations; and
WHEREAS, the City will submit a letter to CH2MHill advising them that the City will
exercise its right under the contract to obtain reimbursement for damages/costs above and
beyond the expected costs incurred if it were competitively bid; and
WHEREAS, this request is to authorize available funds that have been previously
appropriated in the project budget from Fund 424, Water and Sewer Bonds 2000 Series,
to increase the base construction contract value in the amount of $415,450, to cover the
unforeseen conditions and engineer's omission.
101
Agenda Item R1 J\4 Z
Date l~-12., -{2--
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk to increase the base construction contract
value for the Right-of-Way Infrastructure Improvement program-Neighborhood No. 8-
Central Bayshore (Package A) and Lake Pancoast (Package C), in the amount of
$333,550, for additional water meter boxes and relocation of backyard services; from
previously appropriated funding from Fund 24 -Water and Sewer Bonds 2000 Series.
PASSED AND ADOPTED this __ day of ----• 2012.
ATTEST:
RAFAEL GRANADO, CITY CLERK MATTI HERRERA BOWER, MAYOR
T :\AGENDA \2012\11 ··14-12\Bayshore A • Central Bayshor~;\8ayshore l\.)ncrease to project increase-· RESO.(Joc
102
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION